Written answers

Wednesday, 31 January 2007

Department of Transport

International Agreements

8:00 am

Photo of Pat BreenPat Breen (Clare, Fine Gael)
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Question 1254: To ask the Minister for Transport further to Parliamentary Question No. 299 of 4 October 2006, if the Ireland US bilateral Air Services Agreement is not an existing bilateral agreement and hence subject to the ruling of the European Court of Justice on nationality clauses in 2002 which would preclude any amendments to the said agreement; and if he will make a statement on the matter. [1829/07]

Photo of Martin CullenMartin Cullen (Waterford, Fianna Fail)
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While the decisions made by the European Court of Justice in the Open Skies cases were not specifically addressed to Ireland, the interpretation of Community law contained in those decisions must be respected by Ireland. That said, there is nothing in the Court judgments, per se, that prevents the Member States addressed in those judgments, or Ireland, from amending their bilateral agreements.

However, following the 2002 judgments, the Council of Ministers and the European Parliament adopted Council Regulation 847/2004 on the negotiation and implementation of air services agreements between Member States and third countries. That Regulation does contain provisions in relation to renegotiation or amendment of bilateral agreements. In the case of the US, the Commission has been mandated by the Council of Ministers to negotiate an air transport agreement between the European Union and the United States. This would clearly have a significant bearing on how the Commission would respond pursuant to Regulation 847/2004 to a possible amendment of the bilateral agreement between Ireland and the US.

Negotiations are continuing between the EU and US and my Department is in ongoing contact with the Office of the Attorney General on the legal options. As I indicated previously, in the absence of progress at EU level, I intend to seek to implement, in accordance with Community law, measures to provide for liberalisation of transatlantic services between Ireland and the US by way of an amendment to the Ireland-US bilateral Air Services Agreement.

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