92001E0115

WRITTEN QUESTION P-0115/01

by Philip Bradbourn (PPE-DE) to the Commission

(18 January 2001)

Subject: Restricted use of Linate airport, Milan

Would the Commission please confirm that its decision of 21 December 2000 with regard to the use of Linate airport in Milan by non-Italian air carriers is lawful in terms of ensuring proper competition between airlines?

Would it further agree that this causes inconveniences to passengers who will now have to use Malpensa airport?

Would it also agree that this threatens the future development of inter-regional air services, the operators of which will find it increasingly difficult to maintain such services given the limited number of flights they operate into Milan?

Will the Commission bring forward its review of its decision to not later than 30 June 2001?

Answer given by Mrs Loyola de Palacio on behalf of the Commission

(27 February 2001)

The principle of the freedom to provide air services in the Community, as provided for by Article 3(1) of Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes(1), generally gives Community air carriers the right to choose between different airports in one and the same airport system. That said, Member States may restrict this freedom of access in accordance with Article 8(1) of the Regulation, which states:

This Regulation shall not affect a Member State's right to regulate without discrimination on grounds of nationality or identity of the air carrier, the distribution of traffic between the airports within an airport system.

In its decision of 21 December 2000(2), the Commission considered that the traffic distribution rules between the airports of Linate and Malpensa, as set out in the Italian Decree of 3 March 2000, if amended as indicated in the Italian authorities' letter of 4 December 2000, are compatible with Article 8(1) of Council Regulation (EEC) No 2408/92. These amendments were put into effect on 5 January 2001 following the Commission decision.

As mentioned in the aforesaid decision, the independent expert appointed by the Commission stressed the fact that Linate airport is poorly served by the public transport networks and felt that Malpensa airport's location in relation to Milan city centre is no longer to be regarded as a reason for users to prefer Linate airport, especially in view of the major improvements made to the transport infrastructure for getting to and from Malpensa airport.

Regulation (EEC) No 2408/92 does not provide for a procedure to review decisions taken on the basis of Article 8(3). However, in its decision of 21 December 2000, the Commission took note of Italy's undertaking to review the situation before the end of 2001.

(1) OJ L 240, 24.8.1992.

(2) TREN/AMA/12/00.