Regulation (EU) 2019/2 amending Regulation (EC) No 1008/2008 on common rules for the operation of air services in the Community

Summary:

In December 2016 the European Commission presented a proposal to amend Regulation (EC) No 1008/2008 in the context of the EU-US Air Transport Agreement.  The European Parliament and the Council of the European Union adopted the new Regulation on 11 December 2018.

Further information:

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.

The proposed Regulation aims to ensure the legal consistency of Regulation (EC) No 1008/2008 with the Air Transport Agreement (ATA) between the European Community and its Member States, of the one part, and the United States of America, of the other part. The ATA was signed in April 2007 and amended by a Protocol in June 2010. The Agreement has been applied provisionally since 30 March 2008, and the Amending Protocol has been applied provisionally from 24 June 2010.

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 to the Council to authorise negotiations for a specific wet-lease agreement with the US, aiming at lifting the time restrictions. The proposed amendment to Regulation (EC) No 1008/2008 is therefore very restricted in scope and will only apply to Article 13(3)(b). The other provisions of Article 13 (e.g. on safety standards and rights of the competent authority) will remain unchanged.

• Primary Source

Official

EUR-Lex: COM(2016)818: Proposal to amend Regulation (EC) No 1008/2008 on common rules for the operation of air services in the Community https://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2016:818:FIN

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