VZCZCXRO2696
RR RUEHIK
DE RUEHTC #0088 0431540
ZNR UUUUU ZZH
R 121540Z FEB 10
FM AMEMBASSY THE HAGUE
TO RUEHC/SECSTATE WASHDC 3768
INFO RUCNMEM/EU MEMBER STATES COLLECTIVE
RUCNMEU/EU INTEREST COLLECTIVE
RUEHNY/AMEMBASSY OSLO 0001
RUEHRK/AMEMBASSY REYKJAVIK 0048
RUCPDOC/DEPT OF COMMERCE WASHDC
RUEHBS/USEU BRUSSELS 0719
RULSDMK/DEPT OF TRANSPORTATION WASHDC

UNCLAS THE HAGUE 000088 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: EAIR EUN KTIA IC NO NL
SUBJECT: NETHERLANDS: LATEST DUTCH VIEWS ON THE U.S.-EU 
SECOND STAGE AIR TRANSPORT NEGOTIATIONS 
 
REF: STATE 9584 
 
¶1. (U) On February 11, Econoffs delivered reftel points on 
the second stage of the U.S.-EU Air Transport Negotiations to 
Hans de Jong, Special Advisor and Chief Negotiator for 
aviation issues, and Janneke Kolk, Policy Advisor, at the 
Ministry of Transport, Public Works, and Water Management. 
De Jong, who has served as a senior aviation negotiator for 
the Netherlands for many years, believes that the time has 
come for European transport ministers to take a political 
decision on whether the EU wants to move forward in the 
negotiations, particularly given that the U.S. cannot commit 
to changing our laws on ownership and control of U.S. 
carriers before the end of 2010.  De Jong would view the 
upcoming negotiations in Madrid as successful if the U.S. 
could express at least a political commitment to make 
progress on the outstanding issues (the priorities in 
paragraph 2 of Article 21 of the first stage agreement, which 
includes the issue of U.S. ownership and control).  De Jong 
supported the U.S. emphasis on pragmatism; he suggested the 
U.S. could display such pragmatism by providing reciprocity 
on the issue of wet leasing, or short-term contracts for use 
of aircraft, personnel, and maintenance services.  (The EU 
allows U.S. carriers to engage in wet leasing in the EU, but 
the U.S. does not reciprocate.) 
 
¶2. (SBU) De Jong believes the top priority for the EU going 
into Madrid remains U.S. foreign ownership and control laws, 
although this is not as significant an issue for the Dutch 
specifically.  De Jong noted that EU negotiators need to 
demonstrate progress on this issue to European transport 
ministers.  He recognized, however, that the U.S. 
Administration will be unable to persuade Congress to pass 
legislation to relax U.S. ownership/control rules, 
particularly given the fierce opposition of Rep. James 
Oberstar (D-MN) on the House Transportation and 
Infrastructure Committee.  De Jong added that this is now an 
even more difficult issue for the Administration after the 
loss of the Democrats' super majority in the Senate.  He 
suggested the EU-Canada arrangement of a phased-in approach 
could serve as a model in striking a compromise. 
 
¶3. (SBU) De Jong believes the two sides are within reach of 
compromise on the problematic EU decision-making process on 
noise restrictions at EU airports - if they can find the 
right wording to use in the Air Transport Agreement. 
According to de Jong, however, the Dutch will never accept 
EU-wide measures governing aviation noise, because local 
circumstances - including environmental, community 
development, and political considerations - must always be 
taken into account in this area. 
NOLAN