Identifier
Created
Classification
Origin
02ROME2322
2002-05-13 13:16:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Rome
Cable title:  

ITALIAN VIEWS ON THE ADVOCATE GENERAL'S OPINION ON

Tags:  EAIR ECON ETRD IT AVIATION FAA 
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UNCLAS ROME 002322 

SIPDIS

SENSITIVE

E.O. 12958: N/A
TAGS: EAIR ECON ETRD IT AVIATION FAA
SUBJECT: ITALIAN VIEWS ON THE ADVOCATE GENERAL'S OPINION ON
OPEN SKIES CASES


UNCLASSIFIED

PAGE 02 ROME 02322 131336Z
REF: STATE 37639

UNCLAS ROME 002322

SIPDIS

SENSITIVE

E.O. 12958: N/A
TAGS: EAIR ECON ETRD IT AVIATION FAA
SUBJECT: ITALIAN VIEWS ON THE ADVOCATE GENERAL'S OPINION ON
OPEN SKIES CASES


UNCLASSIFIED

PAGE 02 ROME 02322 131336Z
REF: STATE 37639


1. (U) SUMMARY: SENIOR ITALIAN TRANSPORT MINISTRY AND CIVIL
AVIATION AUTHORITY (ENAC) OFFICIALS, AS WELL AS INFORMED
SECTOR EXPERTS, AGREE THAT THE BILATERAL U.S.-ITALY OPEN
SKIES AGREEMENT WILL CONTINUE IN EFFECT UNTIL A NEW U.S.-EU
AGREEMENT IS SIGNED. ITALIAN OFFICIALS EXPECT TO BE
INVOLVED IN THE NEGOTIATION OF THE NEW ACCORD, AND
ANTICIPATE THAT IT WILL TAKE YEARS TO NEGOTIATE. END
SUMMARY.


2. (U) ECONOFFS SPOKE WITH SENIOR GOI INTERNATIONAL
AVIATION OFFICIALS IN THE TRANSPORT MINISTRY AND NATIONAL
CIVIL AVIATION AUTHORITY (ENAC),AND ANOTHER INFORMED
AVIATION EXPERT, REGARDING THE OPINION RELEASED BY THE
EUROPEAN COURT OF JUSTICE (ECJ) JANUARY 31. THAT OPINION
RELATED TO THE PENDING COURT CASES FILED IN 1998 BY THE EU
COMMISSION AGAINST EU MEMBER STATES THAT HAVE CONCLUDED
OPEN SKIES AGREEMENTS WITH THE UNITED STATES.


3. (SBU) ALESSIO QUARANTA, CHIEF OF INTERNATIONAL RELATIONS
OF THE NATIONAL CIVIL AVIATION AUTHORITY (ENAC),TOLD US
MAY 8 THAT, WHILE THE EC WILL EVENTUALLY GAIN A MANDATE TO
NEGOTIATE SUCH AGREEMENTS FOR MEMBER STATES, HE DOES NOT
BELIEVE THAT THIS WILL RENDER INVALID PREVIOUS BILATERAL
AGREEMENTS. QUARANTA BELIEVES THAT ANY EC-NEGOTIATED
AGREEMENT WOULD SIMPLY "COMPLEMENT" PREVIOUS BILATERAL
AGREEMENTS, AND ALL FREEDOMS CONTAINED WITHIN THEM WOULD BE
HONORED, EVEN IF NOT INCLUDED IN A LATER EC AGREEMENT.
QUARANTA BELIEVES THAT MEMBER STATES (OR AT LEAST ITALY)
WOULD SIT AS OBSERVERS IN ANY EC-LED NEGOTIATIONS WITH THE
UNCLASSIFIED

PAGE 03 ROME 02322 131336Z
USG.


4. (SBU) ENAC'S MARINO BARZAGHI, ADVISOR TO THE PRESIDENT,
AND LUISA TIMPONE, DIRECTOR OF INTERNATIONAL AGREEMENTS
TOLD US THAT THEY BELIEVE THE STATUS QUO WILL CONTINUE
UNTIL THE EU NEGOTIATES A NEW EU-USG AGREEMENT, WHICH IS
UNLIKELY TO BE SOON.


5. (SBU) TRANSPORT MINISTRY DEPUTY DG FOR AVIATION ALDO
SANSONE TOLD US THAT, AFTER THE EUROPEAN COURT OF JUSTICE
DECISION, EU MEMBER STATES WILL DECIDE WITH THE EUROPEAN
COMMISSION WHETHER EACH STATE SHOULD AGREE TO EXTEND ITS
BILATERAL OPEN SKIES AGREEMENT TO ALL EU CARRIERS AND
NATIONS OR WHETHER THE EU WILL BE GIVEN A MANDATE TO
NEGOTIATE A USG-EU AGREEMENT (WHICH HE THINKS IS FAR MORE
LIKELY).


6. (SBU) SANSONE STRESSED THAT THE BILATERAL U.S.-ITALY
OPEN SKIES AGREEMENT WILL CONTINUE IN FORCE UNTIL THIS
COMMON EU DECISION IS MADE. THE ITALIAN GOVERNMENT WILL
CERTAINLY ABIDE BY THIS DECISION, ALTHOUGH ITALY AND THE
NETHERLANDS ARE NOT INCLUDED IN THE 1998 COURT CASES FILED
BY THE EU COMMISSION. SANSONE BELIEVES THE OMISSIONS WERE
MERELY AN OVERSIGHT.


7. (SBU) SANSONE EXPECTS THAT EU MEMBER STATES WILL
CONTINUE TO CONCLUDE BILATERAL AGREEMENTS WITH OTHER NON-EU
MEMBER STATES (FOR EXAMPLE, BETWEEN ITALY AND TUNISIA) WHEN
THE NEGOTIATED VALUE OF THE AGREEMENT IS NOT HIGH AND
THEREFORE NOT IN CONFLICT WITH THE INTERESTS OF OTHER EU
MEMBER STATES.
UNCLASSIFIED

PAGE 04 ROME 02322 131336Z


8. (SBU) GUIDO VITALI, HEAD OF HUB DEVELOPMENT FOR
SOCIETA' AEROPORTI DI ROMA, THE ROME AIRPORT HANDLING
COMPANY AUTHORITY IS CONVINCED THAT THE EU COURT WILL RULE
AGAINST BILATERAL OPEN SKIES AGREEMENTS AND THAT A MANDATE
WILL BE GIVEN TO THE EC TO NEGOTIATE FOR THE MEMBER STATES.
HE EXPECTS THAT, "ALTHOUGH THE U.S. GOVERNMENT ALREADY HAS
SIGNED AGREEMENTS WITH CARIBBEAN AND APEC COUNTRIES AND MAY
SIGN A BILATERAL, UNRESTRICTED AGREEMENT WITH CANADA, THE
U.S. WILL NOT EASILY AGREE TO A SINGLE OPEN SKIES AGREEMENT
WITH THE EU." IN THE MEANTIME, WHILE NO U.S.-EU AGREEMENT
IS IN PLACE, THE BILATERAL OPEN SKIES AGREEMENTS WILL
CONTINUE IN FORCE. THE PROCESS, HE EXPLAINS, OF
INVALIDATING THE EXISTING AGREEMENTS AND GIVING EXCLUSIVE
COMPETENCE TO THE EC TO NEGOTIATE A SINGLE U.S.-EU
AGREEMENT, WILL BE LONG. NOT ONLY IS THE VALUE OF
NEGOTIATED RIGHTS EXTREMELY HIGH, BUT THE AGREEMENT WILL
SET A PRECEDENT FOR ALL FUTURE EU AVIATION AGREEMENTS.

SEMBLER

UNCLASSIFIED

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2002ROME02322 - Classification: UNCLASSIFIED