Memorandum by European Regions Airline
Association
BACKGROUND
This response by ERA focuses on the areas of
EU legislation which occupy the ERA Directorate on a day-to-day
basis, namely proposals for air transport law initiated by the
European Commission.
The ERA Directorate has long believed that regulatory
development in the EU could be improved, particularly by adopting
the types of measures enshrined in the UK through the work of
the Better Regulation Task Force, the Better Regulation Commission
and the Better Regulation Executive. The ERA Directorate also
acknowledges similar achievements in other EU states such as the
Netherlands.
The ERA Directorate also acknowledges that the
European Commission itself has developed its own policies for
improved regulatory development, of which its Communication on
Better Lawmaking in 2002 and its two strategic reviews in 2006
and 2008 are a fundamental part.
However, the ERA Directorate continues to be
concerned that the concepts in the European Commission's own policies
are either not implemented, or are only partially implemented,
in practice.
ERA POLICY PROPOSAL
In September 2006, ERA published its own policy
proposal to improve EU lawmaking: "Better Regulation—A
Step-by-Step Guide". This proposal was targeted at the European
Commission in particular, but ERA also recommended its adoption
by other regulatory bodies responsible for rules affecting air
transport. This policy proposal was based fundamentally on the
European Commission's own policies and those adopted in the UK.
Mike Ambrose, Director General ERA, presented
this policy proposal at a conference on Aviation Regulation organized
by the European Commission in Brussels in September 2006.
ADOPTION BY
HIGH LEVEL
GROUP FOR
THE FUTURE
EUROPEAN AVIATION
REGULATORY FRAMEWORK
Subsequently the High Level Group for the Future
European Aviation Regulatory Framework, a body established by
European Commission Vice-President Barrot (responsible for transport),
adopted the policy proposal in its report published in July 2007.
In its report, its third of 10 recommendations
is:
Better regulation: Apply the
principles of Better Regulation, avoiding overregulation, and
undertaking full impact assessments and consultation. Apply consistent
definitions and rationalise existing legislation.
This is amplified further in the report:
Apply principles of Better Regulation.
The High Level Group supports the Better Regulation
agenda communicated by the Commission. In particular for aviation,
the High Level Group recommends following the seven steps identified
at the Brussels Conference [Better regulation, a presentation
by Mike Ambrose, Director General of European Regions Airline
Association, Brussels Aviation Regulation Conference, 20 September
2006]. These should be applied in the development of new aviation
regulation and in the rationalization of existing legislation:
— identify the problem and outline
the current consequences;
— assess the significance of the problem;
— identify the affected parties;
— outline the objective to be achieved;
— establish whether regulatory action
is necessary;
— identify the minimum legislative
action necessary; and
— conduct impact assessments.
CONTINUING CONCERNS
The ERA Directorate remains very concerned that
the ideals expressed by the Commission, espoused by ERA, and enshrined
in the report of the High Level Group continue to be largely ignored
in the initiation of air transport legislation by the European
Commission.
The ERA Directorate wishes to comment specifically
on two legislative initiatives by the European Commission in 2006
and 2007 that have not met the required regulatory standards.
1. Proposal for a Regulation of the European
Parliament and of the Council on a Code of Conduct for computerised
reservation systems COM(2007)709, 15 November 2007
This proposed Regulation will replace an existing
Regulation. The proposed Regulation will, in many respects be
simpler, and ERA supports this simplification. However, neither
the explanatory memorandum nor the impact assessment accompanying
this proposal draw attention to all the changes that the European
Commission is proposing.
2. Proposal for a Regulation of the European
Parliament and of the Council on common rules for the operation
of air transport services in the Community COM(2006) 396, 18 July
2006
This proposed Regulation will replace three
existing Regulations. The proposed Regulation will, in many respects
be simpler, and ERA supports this simplification. However, neither
the explanatory memorandum, nor the impact assessment, which accompany
this proposal draw attention to all the changes that the European
Commission is proposing. The impact assessment contained several
major flaws which should not have occurred if the impact assessment
itself had been discussed with stakeholders. Furthermore, while
the proposal had been open to wide consultation for some years
prior to its publication, several major initiatives were included
in the proposal that had not previously been discussed with stakeholders.
CONCLUSIONS
A model framework for better regulation has
been adopted by a High Level Group set up by European Commission
Vice-President Barrot. ERA believes that its adoption, in practice,
by the European Commission in its initiation of legislation would
significantly improve European legislation.
April 2008
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