Olivia Mitchell (Dublin South, Fine Gael)
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Question 488: To ask the Minister for Transport if he has considered a challenge to aviation Regulation 847/04 in view of the fact that its effect is to reinforce competitive disadvantage and could be considered contrary to EU law. [19255/05]

Martin Cullen (Waterford, Fianna Fail)
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The aim of Regulation 847/04 is to provide for co-ordination between individual member states and the Commission, for occasions when member states may wish to amend aspects of their bilateral agreements with third countries. The Commission had recognised that member states may need to negotiate with third countries on various aspects of their bilateral agreements on issues, such as market access, which were not the subject of the European Court of Justice ruling in November 2002. By introducing this regulation the intention was to ensure that any such negotiations are done in consultation with the European Commission, to ensure that the resulting amendments to bilateral agreements are not in conflict with European Law, or with negotiations that the Commission itself may intend to have with those third countries. On the assumption that this regulation is implemented in the spirit in which it was intended, I do not see any reason to take legal action.