Pat Breen
Question:355 Mr. P. Breen asked the Minister for Transport if, under the current bilateral agreement, a US carrier can serve Ireland via Shannon only; and if he will make a statement on the matter. [17417/03]
Written Answers. - Air Transport Agreements.
Under the current bilateral agreement between Ireland and the USA, any US carrier designated by the United States may serve Ireland via Shannon only. There is no requirement on US carriers to serve Dublin. The terms of the Shannon stop policy requires any carrier, US or Irish, which wishes to serve Dublin from the US, to serve Shannon at least as often as it serves Dublin. The current bilateral agreement does not provide for scheduled passenger services from the US to Cork, Knock or any other airport in Ireland.
Pat Breen
Question:356 Mr. P. Breen asked the Minister for Transport if the current bilateral agreement allows a US carrier to pick up rights at Shannon for an onward traffic destination eastbound; and if he will make a statement on the matter. [17418/03]
The current bilateral agreement between Ireland and the US allows US carriers unlimited fifth freedom rights from Shannon. This means that any US carrier, when serving Shannon, can pick up as many passengers as it wishes at Shannon, for transmission onwards to any other state, whether in the EU or not. It is a matter for the carrier in question to seek the approval of the other state for such an operation into that state.
Pat Breen
Question:357 Mr. P. Breen asked the Minister for Transport if the current bilateral agreement and the Shannon gateway was discussed at the meeting of Department and US officials on 28 May 2003; further to Question No. 613 of 10 June 2003, when his officials will make further contact with US authorities; if changes in the bilateral agreement will be discussed at this meeting; and if he will make a statement on the matter. [17419/03]
Jan O'Sullivan
Question:365 Ms O'Sullivan asked the Minister for Transport the specific part of the judgment of the European Court of 5 November 2002 which sup ports his assertion that maintaining the dual gateway status of Shannon and Dublin airports for transatlantic flights will be in breach of EU-US proposals for an open skies agreement; and if he will make a statement on the matter. [17777/03]
Jan O'Sullivan
Question:366 Ms O'Sullivan asked the Minister for Transport if he has asked the EU Commission for an opinion on whether Ireland can retain the dual gateway status of Dublin and Shannon airports for transatlantic flights in the context of the open skies regime which is proposed; and if he will make a statement on the matter. [17778/03]
Jan O'Sullivan
Question:367 Ms O'Sullivan asked the Minister for Transport if he will not renegotiate the bilateral agreement with the US Government unless and until he is obliged to accept a change by a decision of the EU; and if he will make a statement on the matter. [17779/03]
I propose to take Questions Nos. 357 and 365 to 367, inclusive together.
As I have mentioned in previous replies to parliamentary questions, the impetus for the recent Transport Council discussions on the issue of open skies with the USA lies with a ruling of the European Court of Justice on 5 November 2002. That ruling was on a case taken by the European Commission against eight member states, not including Ireland, in relation to those states' open skies agreements with the USA.
The court ruled that the designation of national airlines in those member states' bilateral air transport agreements is contrary to the right of establishment provided for under the treaties establishing the European Union. This means that member states must allow any European airline established in their country to enjoy the benefits of that member state's bilateral agreements. This legal principle applies to each member state's – including Ireland's – bilateral agreements with every third country, and not just with the USA.
In response to the court's ruling, the European Commission reactivated a proposal to give it a mandate to negotiate an "open aviation area" agreement with the USA. This was a long-standing proposal, and one that all member states were now willing to give their agreement to, as transpired at the Council earlier this month. It was in this context that I had to consider the impact on Shannon.
The meeting on 28 May between my officials and the United States Embassy, which was held at the request of the embassy, did not discuss any details of the current bilateral agreement between Ireland and the USA. The discussion was limited to a briefing for the embassy on the possible outcome of the Transport Council, coupled with an indication from the embassy that the US authorities would be available for detailed discussions on the bilateral agreement if required.
In considering the matter of an open skies man date, before it came up for decision at the Transport Council earlier this month, the main issues that I took into account were the ruling of the European Court of Justice last November, the impact on Shannon Airport and its hinterland, the impact on tourism of increased access to Ireland, the opportunities for Aer Lingus to increase its business on transatlantic routes, the opportunities that might be opened up for other airports in Ireland, as well as Ireland's wider relationship with Europe.
A major part of my thinking regarding Shannon was the fact that an EU-US liberalised market is the inevitable outcome of this process in Europe. This process towards an open skies policy is no longer about legal interpretation but about economic policy and what is now best for the future of Shannon and Ireland.
The new and liberalised market will allow Shannon to retain its position as an important destination for US-Ireland transatlantic traffic and to seek to develop itself as a hub for passengers and cargo. In particular, I believe that there may well be significant opportunities for Shannon to market itself as a hub for traffic between the USA and Europe, especially eastern Europe, in the context of the enlargement of the Community next year.
In the margins of a meeting in Brussels on 18 June 2003 on a range of aviation issues between European aviation officials and their US counterparts, a senior official of my Department had informal discussions with the US officials on the subject of the Ireland-US aviation agreement. As I have indicated, discussions will now be ongoing between my Department and all the necessary interests on these matters, including those pertaining to Shannon, the European Commission, the US authorities and Aer Lingus.