FAA REAUTHORIZATION BILL: EU CONCERNS

UNCLAS SECTION 01 OF 02 BRUSSELS 000796 SENSITIVE SIPDIS STATE EEB/TRA (BYERLY),EUR/ERA (KESSELER) DOT FOR GRETCH AND STEWART STATE PASS TO USTR - CHRIS WILSON E.O. 12958: N/A TAGS: EAIR PREL ELAB EUN SUBJECT: FAA REAUTHORIZATION BILL: EU CONCERNS ¶1. (SBU) SUMMARY: On June 8, USEU Charge was convoked to receive a formal EU demarche expressing concerns about provisions of the FAA Reauthorization bill regarding inspections of foreign repairs stations, further definition of actual control of U.S. airlines' operations, and restrictions on antitrust immunity. The demarche highlighted the possible negative impact on U.S.-EU aviation cooperation. Scanned versions of two non-papers provided by DG RELEX and DG TREN have been emailed to EEB/TRA and EUR/ERA. The EU Commission officials observed that there will be aviation negotiations in Brussels on June 22-26. END SUMMARY. EU DISAPPOINTED, WORRIED, AND CONCERNED ¶2. (U) On June 8, USEU Charge met with European Commission officials Alan Seatter, Director for North America (and other OECD countries) in the Directorate for External Relations (DG RELEX),and Daniel Calleja y Crespo, Director of Air Transport (DG TREN) at their request. Also present were Tomas Abadia, DG RELEX desk officer for the United States and Canada, the senior FAA Representative in Brussels, and USEU Transport Officer. ¶3. (SBU) The EU is disappointed, Alan Seatter said, that moves in Congress risk reversing on-going U.S.-EU cooperation in opening and strengthening the transatlantic aviation market, a particular worry during this difficult time of global economic downturn. Seatter noted the House version of the FAA Reauthorization Bill (HR 915, passed May 21) would impede the entry into force of the 2008 U.S.-EU Aviation Safety Agreement, hamper the implementation of the 2007 U.S.-EU Air Transport Agreement, and make it difficult to continue meaningful second-stage negotiations. He stressed that the EU is making its concerns clear by reaching out to U.S. counterparts at all levels. EU Commission Delegation Ambassador Bruton and others in the European Delegation in Washington are working with industry associations and talking with members of Congress. Seatter urged that the Administration send a strong message to Congress opposing provisions that negatively impact U.S.-EU cooperation, and do so quickly, to be sure that Senate consideration -- which may take place in June -- includes language to address potential problems. ¶4. (SBU) Daniel Calleja, the EU's aviation negotiator, reviewed the success of the U.S.-EU Air Transport Agreement and explained thatthis agreement and the Aviation Safety Agreement were built on long-standing relationships, high technical standards, and a shared commitment to safety. He said that if U.S. citizens must exert actual control of all aspects of U.S. airline operations, this would cause difficulties in implementing the current Air Transport Agreement, would reduce possibilities for greater cooperation and generally send a bad signal for the second-stage negotiations. According to Calleja, antitrust immunity is essential to the Open Skies concept and the proposed three-year sunset clause will give rise to serious issues of legal certainty, destabilizing transatlantic cooperation. Calleja noted that Transport Commissioner Antonio Tajani had raised these issued with Transportation Secretary Ray LaHood during the International Transport Forum in Leipzig at the end of May. FOREIGN REPAIR STATIONS AND THE SAFETY AGREEMENT ¶5. (SBU) Calleja stressed that aviation safety was the prime goal of all civil aviation authorities and underlined the long-standing cooperation between the FAA and the EU and individual member states based on trust and a common understanding of technical procedures and standards. He said he understood Congressional concerns to "get tough on safety" but noted that "no one is suggesting there is a problem in Europe" although there may be some low-cost countries that are more worrisome. He suggested that a "carve out" for the EU would be an appropriate solution with respect to this language in HR 915. Both Seatter and Calleja underlined that prior to signing the Air Safety Agreement in June 2008, the EU had sought and received assurances from the FAA that the U.S. Administration did not support requiring U.S. inspections of EU certified repair stations. (Note: The Safety Agreement, signed June 30, 2008, is currently not in force pending exchange of diplomatic notes. End Note.) Calleja warned that if the current inspection and employee drug and alcohol testing provision are passed in the final bill, the EU will be forced to take reciprocal action, BRUSSELS 00000796 002 OF 002 requiring the European Aviation Safety Agency (EASA) to inspect U.S. facilities. He noted that inspecting more than 1,200 repair stations in the United states (compared to 328 in Europe) will impose huge, unnecessary costs, estimated at more than a billion dollars, with no improvement in safety. According to Calleja, in consultations with member state civil aviation authorities and EASA, DG TREN has begun to draft similar EU legislation and to publish the necessary tenders to hire additional expert inspection personnel. Calleja also said that if the U.S. legislation goes forward in its current form, the United States and the EU will not be able to begin the process of reciprocal acceptance of pilot training and licenses. ACTUAL CONTROL OF U.S. AIRLINES ¶6. (SBU) Calleja pointed to the proposed requirement that U.S. citizens control all operational matters of U.S. airlines, including marketing, branding, fleet composition, and pricing. He said that this requirement was likely to put U.S. carriers in a difficult, non-competitive position and would hamper the implementation of the U.S.-EU Air Transport Agreement that allows U.S. airlines to enter into franchising or branding arrangements with EU companies. He noted that introducing more restrictive control requirements would reduce foreign investment opportunities in the United States and make the ongoing second-stage negotiations more difficult. ANTITRUST IMMUNITY AND ALLIANCES ¶7. (SBU) Calleja Expanded on his point that antitrust immunity is essential to Open Skies and was an important benefit of the Air Transport Agreement. He stressed the strong competition policy and regulatory oversight in both the United States and the EU. He noted the extensive examinations and paperwork requirements and repeated that a three-year sunset provision would lead to legal uncertainty, increased administrative burdens, and be detrimental to consumers. He indicated that the proposed GAO study on air alliances and the effects of antitrust immunity was less problematic. ¶8. (SBU) COMMENT: USEU has heard repeatedly from EU counterparts that certain provisions of the FAA Reauthorization Bill (HR 915, Sections 303, 426, and 801) pose serious concerns that are detrimental to U.S.-EU aviation cooperation and the larger transatlantic relationship, and may have additional legal and trade implications. These concerns have also been raised in Washington. EU officials are acutely sensitive to the legislative timetable as legislation makes its way through Congress. With the Senate rumored to be considering its version of the bill later this month, we anticipate that Ambassador Bruton may make more formal representations at the State Department and that Commissioner Tajani will write to Secretary LaHood to follow-up on their Leipzig conversation. MURRAY .