EurActiv Logo
EU news & policy debates
- across languages -
Click here for EU news »
EurActiv.com Network

BROWSE ALL SECTIONS

As bankruptcy looms, airlines face new regulation

Published 21 September 2005 - Updated 28 May 2012
Printer-friendly versionSend by email

High oil prices, new safety rules, environmental concerns, tax-for-aid, state aid restrictions, passenger rights - the pressure is piling up on European airlines with no apparent policy co-ordination.

The bad news for European airlines began in February this year when the European Commission said it was considering new regulatory measures to curb the impact of aviation on global warming (EurActiv, 1 Feb. 2005). 

The actual measures are still to be published, but it appears that including aviation in the EU system to cap and trade CO2 emissions is the Commission's favoured option (EurActiv, 1 August 2005). Although fought off by most companies, the proposal won support from part of the European airline industry and seems to be the option attracting the least hostility.

Then came Chirac's proposal to tax air travel as a way to finance development aid. Initially not taken seriously, the idea gathered support from EU finance ministers in May (EurActiv, 17 May 2005) and from the UN in July (EurActiv, 7 July 2005). France, followed by Germany, have since announced they will go ahead with national tax for development aid plans as of 2006 (EurActiv, 30 August 2005). 

Although initially opposed to the idea, the Commission chose to take a neutral stance on this highly political dossier and published a 'technical reflection document', making the case for a mostly voluntary tax. 

Other policy measures have rocked European airlines in recent months:

  • New EU guidelines restricting state aid to regional airports were adopted in September following the Ryanair probe at Charleroi regional airport (EurActiv, 6 Sept. 2005). Although they allow room for local authorities to grant start-up aid to regional airports, the guidelines nonetheless impose limits to their use and rules out the model put in place at Charleroi with Ryanair. European regional associations are now considering bringing the matter to the European Court of Justice.
  • New EU passenger rights rules came into force on 17 February obliging airlines to compensate customers in case for flight cancellations, overbooking and delays. Airlines took the case to the European Court of Justice but virtually lost all hopes of winning the case on 9 September when Advocate General Leendert Geelhoed dismissed all allegations put forward by the International Air Transport Association and the European Low Fares Airline Association (EurActiv, 9 Sept. 2005)
  • The Commission has opened a consultation on improving airport capacity, efficiency and safety that could lead to a new set of legislative proposals

To rub salt into the wounds of the airline industry, the deteriorating safety records of aeroplanes has come under the spotlight in a dramatic way with an unprecedented series of air crashes during the summer. The events have led the EU to consider harmonising air safety regulation across Europe, including a European 'black list' of unsafe airlines. Again, industry reacted with scepticism, the International Air Transport Association saying blacklisting would "do nothing to improve safety".

Positions: 

Airline associations have expressed their disagreement with the policy measures currently in the pipeline, with the tax-for-aid plan generating the fiercest criticism. But the passenger rights, state aid and CO2 capping issue also raised serious concerns at a time when high oil prices are hitting them hard financially.

Asked about the expected combined impact of the different measures, the Association of European Airlines said it preferred to deal with each of the issues separately. "In a sense, they are coincidental," a spokesperson for the AEA explained, "it just so happens". However, he admits that most of the measures are "unfavourable" to airlines. 

The Commission says it is "aware" of the different legal threats and difficulties that airlines are faced with. Environment spokesperson Barbara Helfferich even admits that it is "not an easy time" for airlines at the moment. But she points out that the different environmental issues are being co-ordinated at European level.

The European Federation for Transport and the Environment (T&E) says current oil prices are a result of high demand - most of which come from the aviation sector itself: "Greenhouse gas emissions and fuel consumption are directly linked so any policy that tackles the climate change impact of aviation will also provide an incentive to use fuel more efficiently - for example with new technology, or by discouraging airlines from operating empty flights to protect slots," said T&E Dudley Curtis. "Therefore it makes economic sense - it's not just about the environment. Having said that, aviation is the fastest growing source of greenhouse gasses - so doing nothing is simply not an option"

 

Next steps: 
  • The Commission consultation on airport capacity runs until 15 November 2005.
  • A Commission proposal on CO2 reduction from aircraft is expected on 27 September. If adopted, the proposal would not take effect before 2013 (EurActiv, 16 June 2005).
Background: 

On 12 September, the International Air Transport Association announced a revised projected loss of 7.4 billion dollars (around 6.1 bn euros) for the global airline industry in 2005 due to "skyrocketing oil prices". Its projections for Europe were less bleak with companies there expected to break even. 

On 14 September, two American companies, Northwest and Delta Airlines, filed for bankruptcy protection under US law.

Earlier this year, the EU started considering a number of wide-ranging regulatory measures which, together with recently enforced ones and oil price concerns, add up to a European airline industry running into turbulence.

More on this topic

More in this section

Advertising