[Congressional Record Volume 145, Number 106 (Monday, July 26, 1999)]
[Senate]
[Pages S9214-S9215]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                             EU HUSHKIT BAN

  Mr. GORTON. Mr. President, I rise today to introduce a sense of the 
Senate amendment regarding the recent unilateral action of the EU 
effectively banning hushkitted and re-engineered aircraft from 
operating in European Union states. If this rule is implemented on May 
1, 2000 it will have a discriminatory impact on U.S. carriers and 
equipment manufacturers, not to mention setting a bad precedent for 
action by countries or groups of countries outside of the established 
International Civil Aviation Organization (ICAO) standards-setting 
process.
  This legislation was adopted by the EU on April 29, 1999, but 
implementation was delayed until May 2000 to

[[Page S9215]]

allow U.S. and EU representatives to work out the framework of a new, 
more stringent global aircraft noise standard within ICAO. The Federal 
Aviation Administration and the State Department have been in 
negotiations with the EU on the eventual withdraw of this unfair and 
discriminatory statute.
  Many of my colleagues have seen recent efforts by the European Union 
to gain the upper hand over the United States in matters of trade. 
Aviation has proven to be no different. And this is deeply troubling, 
because aviation is not only a primary source of a favorable balance of 
trade for the United States, but, because of its global reach, 
represents an area where international standards are crucial to 
facilitating that commerce among nations. Yet, as I stated earlier, the 
EU has acted to preempt U.S. air carriers and carriers from other parts 
of the world from serving points in Europe with certain hushkitted or 
re-engineered aircraft. This restriction applies even though those 
aircraft fully comply with Stage 3 international noise standards 
adopted by the International Civil Aviation Organization (ICAO).
  This European regulation, although its implementation has been 
deferred until May 2000, has already created financial hardships for 
U.S. aerospace manufacturers and airlines. It must be withdrawn or we 
will see a continued impact on U.S. jobs and profits. Modifying the 
rule or deferring its implementation for an added period of time will 
not offer the relief needed by U.S. aviation interests--the financial 
markets simply do not respond favorably to uncertainty. The U.S. 
government has engaged in extensive discussions with the European 
Council for the past year, without achieving a commitment to a repeal 
of this rule, which I might add expressly protects European aviation 
interests. The time has come to achieve a timely resolution of this 
problem through action.
  The Sense of the Senate resolution I offer today cites the need for 
complying with international standards in the aviation arena and 
highlights the problems the rule is causing for U.S. manufacturers and 
operators. Failing an early commitment by the Europeans to withdraw 
this arbitrary and discriminatory rule, the resolution calls upon the 
Department of State to initiate an Article 84 proceeding before ICAO. 
It is my understanding that this type of proceeding is not a sanctions 
mechanism, but instead affords a process that provides an opportunity 
for the international aviation body to rule on whether this regulation 
complies with international aviation standards.
  This Sense of the Senate further calls upon other agencies of the 
executive branch to use the tools at their disposal as well to achieve 
the early repeal of this rule. There is a broader point to be made as 
well, which is that, without restoring credibility to the international 
aviation standards process, we can have little or no confidence about 
any future international standards adopted by the international 
aviation community through ICAO. That is a very dangerous precedent for 
the global aviation environment in the future.

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