I propose to take Questions Nos. 4, 5 and 8 together.
In accordance with the provisions of EC Council Decision 87/602/EC on capacity sharing and market access, adopted by the Council of Ministers in December 1987, I granted approval to Aer Lingus earlier this year for the operation of scheduled air services on the route Dublin-Manchester-Milan, with fifth freedom rights on the Manchester-Milan service. The Italian authorities, while permitting Aer Lingus to operate the Dublin-Manchester-Milan service on a combination of points basis, have refused to allow them to carry any fifth freedom traffic between Manchester and Milan.
The Italian authorities hold that since Milan Airport is exempt, on the grounds that it has insufficient facilities, from the application of Article 6.1 of the Council decision, which permits the introduction of third/fourth freedom scheduled services between hub and regional airports in member states, it is also exempt from the provisions of Article 8 which permits, subject to certain conditions, the operation of fifth freedom services where third/fourth freedom traffic rights exist. I do not accept the Italian interpretation of the Council decision. I have made strong representations to my Italian counterpart in this matter and it has been the subject of discussions between officials of my Department and officials of the Italian Ministry of Transport. In addition, it has been taken up with the EC Commission both by my Department and Aer Lingus. I have also personally discussed the matter with Mr. Stanley Clinton Davis, EC Commissioner for Transport.
The EC Commission, I am glad to say, regards the Italian argument as invalid and has decided to open infraction proceedings against Italy for its refusal to grant fifth freedom rights to Aer Lingus.