Incentivising co-operation on Open Skies
OK, people, just a few thoughts on how we "encourage" the EU to see things our way on increased US access. A few points to include in your letters to TDs and MEPs:
- What EI is seeking is not unreasonable; even with the change to 3:1 in favour of DUB, EI has less US access than any other major EU carrier.
- The Commission, despite being (and having a responsibility to be) a standard bearer of competition, has succeeded in making EI's competitive position worse.
- The Commission's use of its discretion has been unfair; while it has taken no action against countries against whom it won cases in 2003 in relation to O/S (and is unlikely to take action against the Netherlands), it has taken action to stop Ireland moving forward.
- The Commission has interpreted the mandate given to it by the ECJ in 2003 to justify the imposition of a competitive disadvantage on a member state (and on airlines in that country); it's very unlikely that a mandate from the ECJ could be interpreted in such a way;
- The Commission cannot use the excuse of a potential or long term agreement with a third party (in this case the US) to justify the imposition of a competitive disadvantage on a member state.
So, what the govt needs to do is to offer the EU two alternatives, let's call them "easy way" and hard way".
Just a few thoughts on EU Law and how we need to handle the Commission; basically our trump card is the EU Constitution. We send a message to the EU Commission: easy way or hard way.
EASY WAY:
They accept that there was no way that letting Ireland go forward with a limited change to its bilateral could have any affect on (a) the competitive position of other member states or (b) its negotiating position with the US. The EU expresses no objection and gives its blessing to proceed.
HARD WAY:
They dig their heels in. No change. Even though everyone else has much more liberal access, there will be no change for Ireland.
The govt's response:
1) Proceed with new agreement with US, on basis of Nov 05 agreement.
2) Take EU Commission to ECJ and seek guidance on limits of its mandate, particularly arising from 2003 case. Also, extent of Commission's power of discretion. Also, test extent to which EU Commission can impose a competitive disadvantage on a member state.
3) This will take about 2-3 years to get to Court, but EU Constitution will not be put before people until ECJ gives ruling and govt will not put new Constitution before people (Ireland being one of the countries whose people need to approve it in referendum) unless protective clauses introduced to stop this kind of abuse in future.
I'm sorry to be bashing on at this ad nauseum, but it is SO important to EI's future that we get this right; why should YOUR airline be treated like this by the EU, held hostage to a situation which is totally beyond its control, to be prevented from competing effectively by the very people whom we thought would get us past all this stopover nonsense. So, get out those pens and start writing letters!