U.S.-Japan Open Skies Agreement

December 15, 2009 at 10:09 am | Posted in Aviation Law | Leave a comment

by P.J. Blount with the blog faculty

From the U.S. Department of Transportation:

DOT 196-09
Friday, December 11, 2009
Contact: Bill Mosley
Tel.: (202) 366-4570
U.S. Transportation Secretary LaHood Announces U.S.-Japan Agreement on Open Skies

U.S. Secretary of Transportation Ray LaHood today announced that the United States and Japan reached agreement on the text of a landmark Open-Skies aviation agreement, liberalizing U.S.-Japan air services for the carriers of both countries. The agreement was reached after five rounds of negotiations focusing on Open Skies, beginning in May of this year.

“Achieving Open Skies with Japan, a major U.S. transportation and trade partner, has been a long-standing U.S. goal and is good news for air travelers and businesses on both sides of the Pacific,” said Secretary LaHood. “Once this agreement takes effect, American and Japanese consumers, airlines and economies will enjoy the benefits of competitive pricing and more convenient service.”

Under the new agreement, airlines from both countries would be allowed to select routes and destinations based on consumer demand for both passenger and cargo services, without limitations on the number of U.S. or Japanese carriers that can fly between the two countries or the number of flights they can operate. It would remove restrictions on capacity and pricing, and provide unlimited opportunities for cooperative marketing arrangements, including code-sharing, between U.S. and Japanese carriers.

The agreement also would provide opportunities for growth of U.S. carrier operations at Tokyo’s Narita Airport and ensure fair competition regarding the new opportunities at Tokyo’s close-in Haneda Airport.

Although the 1952 U.S.-Japan aviation agreement was greatly expanded in 1998, many U.S. carriers serving Japan were still subject to restrictions on capacity, routing, pricing, and code-sharing.

Once the agreement is finalized, Japan will become the 95th U.S. Open-Skies partner. Both the United States and Japan must affirmatively act in order to put the agreement into effect.