US embassy cable - 04ROME3262

UNCLAS ROME 003262 
 
SIPDIS 
 
 
E.O. 12958: N/A 
TAGS: EAIR, IT, AVIATION, FAA 
SUBJECT:  Civair: Italian Response to U.S.-Linate 
Codeshare proposal 
 
Ref: A) State 159355; B) Rome 1846; C) State 55375 
 
1.  On July 23, Embassy delivered ref A talking points on 
U.S. carrier complaints regarding Alitalia/Air France 
codeshare operations at Milan's Linate Airport to Aldo 
Sansone, Director General for Civil Aviation in the 
Ministry of Transport.  In Sansone's response, he denies 
illegitimate and discriminatory acts against the U.S. 
companies wishing to offer codeshare services between 
Linate and other EU airports. 
 
2.  Sansone's argument is the following:  Both Air France 
and Alitalia have the right to offer services between 
Linate Airport and Paris, under the bilateral civil 
aviation agreement between Italy and France and EU 
regulations.  Therefore, the GOI must permit Air France 
and Alitalia to code-share between Linate and Paris (two 
intra-EU airports).  However, U.S. airlines do not have 
the right to offer services between Linate and other 
intra-EU destinations (such as London and Frankfurt). 
Therefore, U.S. airlines may not codeshare to/from those 
destinations. 
3.  Informal translation of Sansone's statement is as 
follows: 
 
Begin Text: 
Linate Airport is not open to intercontinental services 
nor to segments thereof; 
 
In this context and in a regime of equal treatment, 
Delta's request to operate codesharing with Alitalia out 
of Linate has not been approved, and no other 
consideration will be given to this request, 
notwithstanding Delta's alliance with Alitalia; 
 
Passengers departing Linate may freely chose connections 
with any other airport, with any company they wish to 
fly, to any destination, as is the case in any local, 
national or regional airport of the world, without 
changing the nature of traffic or of services provided at 
the departure airport; 
 
The codesharing rights of U.S. companies set out in the 
existing bilateral agreement, as with any traffic rights, 
refer to cities and not to individual airports within an 
airport system, and the distribution of services can be 
determined by the competent authorities. 
 
The existing U.S.-Italy Air Services Agreement does not 
provide for seventh freedom rights and, therefore, intra- 
EU point-to-point services by U.S. carriers exceed the 
limits of the agreement. 
 
With particular respect to Air France, that company 
operates both direct and codeshare services between 
Linate and Paris, provided for and consented to by 
existing regulations, but these services are only in 
connections with other connections from Paris to the 
United States, in conformity with international 
procedure, as is expressly set forth in the same Internet 
site to which the U.S. Embassy refers. 
End Text. 
 
Skodon 
 
 
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	2004ROME03262 - Classification: UNCLASSIFIED