PURPOSE: to provide for the possibility of derogating from the conditions for wet-leasing set out in Article 13(3)(b) of Regulation (EC) No 1008/2008 by concluding international agreements.

LEGISLATIVE ACT: Regulation (EU) 2019/2 of the European Parliament and of the Council amending Regulation (EC) No 1008/2008 on common rules for the operation of air services in the Community.

CONTENT: the Regulation amending Regulation (EC) No 1008/2008 provides for the possibility of derogating from the restrictive conditions applicable to wet lease agreements for aircraft registered in a third country, where an international wet lease agreement signed by the Union, on the basis of an air transport agreement in force signed before 1 January 2008, provides for a specific wet lease regime.

The Commission is

currently reviewing Regulation (EC) No 1008/2008, including its provisions on wet-leasing and their possible impact on employees and consumers. Given that this review could lead to a general revision of that Regulation, this Regulation is limited to aligning Regulation (EC) No 1008/2008 with the relevant international obligations. The international agreement on wet-leasing should include reciprocal rights and obligations for both parties and should be based on an existing Air Transport Agreement.

ENTRY INTO FORCE: 3.2.2019.

The European Parliament adopted by 488 votes to 85, with 62 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1008/2008 on common rules for the operation of air services in the Community.

Regulation (EC) No 1008/2008 includes provisions allowing lease agreements for aircraft registered in third countries, in particular wet lease agreements. The purpose of the proposal is to provide for the possibility of derogating from the conditions for wet-leasing set out in Article 13(3)(b) of Regulation (EC) No 1008/2008 by concluding international agreements.

The position of the European Parliament adopted at first reading under the ordinary legislative procedure provides for the possibility of derogating from the restrictive conditions applicable to wet lease contracts for aircraft registered in a third country, where an international wet lease agreement signed by the Union, on the basis of an air transport agreement in force signed before 1 January 2008 , provides for a specific wet lease regime.

The amended text specifies that, with a view to a possible revision of Regulation (EC) No 1008/2008, the proposed amendment should be limited to the harmonisation of the Regulation with relevant international obligations.

The international agreement on wet-leasing should include reciprocal rights and obligations for both parties and should be based on an existing air transport agreement.

The Committee on Transport and Tourism adopted the report by Claudia ȚAPARDEL (S&D, RO) on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1008/2008 on common rules for the operation of air services in the Community.

The committee recommended that European Parliament’s position adopted at first reading under the ordinary legislative procedure should amend the Commission proposal.

The Commission proposed to amend Art.13(3)(b) of Regulation N°1008/2008 and opening the possibility to lift the restrictive conditions applying to wet-lease agreements for aircraft registered in a third country when a specific wet-lease regime has been included in an international agreement concluded by the Union.

Parliament proposed for its part to grant the possibility to derogate from the restrictive conditions applicable to wet lease agreements for aircraft registered in a third country, where an international agreement on wet-leasing signed by the Union, on the basis of an existing Air Transport Agreement signed before 1 January 2008 provides for a specific wet-lease regime.

The amended text specified that in view of a possible revision of Regulation (EC) No 1008/2008, the proposed amendment should be limited in scope to aligning the Regulation with the international obligations.

PURPOSE: to ensure the legal consistency between Regulation (EC) No 1008/2008 on common rules for the operation of air services in the Community and an international agreement.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: Article 13 of Regulation 1008/2008 defines the conditions under which lease arrangements of aircraft registered in third countries, especially wet-lease, are allowed. The possibilities are exceptional circumstances, such as a lack of adequate aircraft on the Community market, and they should be strictly limited in time and fulfil safety standards equivalent to the safety rules of Community and national legislation.

An Air Transport Agreement (ATA) between the EU and United States was signed in 2007 and amended by a Protocol of 24 June 2010. Accordingly, the ATA foresees an open wet-lease regime between the parties.

In order to bring clarity and certainty to the air carriers, the Commission has recommended the Council to authorise it to negotiate a specific wet-lease agreement with the US, aiming at lifting the time restrictions.

The present proposal aims to adapt the EU regulation accordingly.

CONTENT: the proposal aims to introduce a possibility for derogation from the conditions on wet-leasing set out in Article 13(3)(b) of Regulation (EC) No 1008/2008 through the conclusion of international agreements.

This would allow for more flexibility, in so far as the conclusion of such agreements presents economic and social advantages for the EU.

The changes proposed add a reference to international agreements to Article 13(3)(b) of the Regulation where conditions to allow wet leasing (extraordinary circumstances, seasonal needs, operational difficulties) are set out.

The other provisions of Article 13 (e.g. on safety standards and rights of the competent authority) would remain unchanged.