Press release from the Belgian pilots union that represents TNT pilots. Although the merger ship has likely sailed, it is
to see what they think of the inter-European ops of FedEx and UPS.


Press Release
FedEx-TNT Merge:
FedEx's Questionable Operations Threatens Employment in Europe
Six months after FedEx's announcement of its attempt to take over the TNT Express group, the future of the Belgian airline, TNT Airways, and of its 500 employees - including 270 pilots - remains unsettled. BeCA, supported by its European structure (ECA), calls the European Commission to analyse the US airline's current operations in Europe, which breach the European social legislation, violate EU-US free trade agreements ('Open Skies') and threatens employment in Europe.
Should this merge be approved, it would be a new violation of EU-US 'Open Skies' agreements. Indeed, although these agreements allow flights between Europe and the US, they prohibit cargo transportation by American planes and crews within European borders (apart from a few exceptions). BeCA/ECA already denounced a few years ago UPS & FedEx's practices in this respect. However, the European Commission has never reacted, allowing de facto these two US airlines to deliver intra-European cargo services, whilst the opposite is strictly prohibited.
Besides, since 2011, Germany authorises FedEx to base its pilots on their Cologne hub, for 5 years maximum. Nevertheless, BeCA discovered recently that these pilots mainly operate from Charles-de-Gaulle airport, in Paris. According to the new European legislation, FedEx must pay social contributions in France and not in Germany, which is apparently not the case.
Finally, FedEx's pilots signed an agreement with their management to operate all airplanes with a takeoff weight above 30 tons. Given that TNT Airways only operates airplanes with a higher weight, this provision could restrain its ambition to freely operate for the group, as an independent airline, leading to more American pilots flying in Europe. For BeCA/ECA, it is unacceptable that a social agreement between US pilots and their management has such impacts on European employment.
For all these reasons, BeCA and ECA calls the European Commission to carefully examine these three issues before taking its final decision on the merge, in order to preserve European employment and cargo and guarantee enforcement of free trade agreements and social legislation. Both associations will organise a joint press conference on 26 October, at 11 AM, in BeCA headquarters – Avenue du Renouveau 25/43, 1140 Brussels.
Brussels, 21 October 2015

 

Much to the chagrin of our pilots, I'd say that UPS goes to great lengths to operate within those "few exceptions"

 

Doesn't FedEx have some unique flight rights due to Flying Tigers agreements?

 

I believe we acquire some fifth freedom rights from the FT merger, but that still doesn't provide us cabotage rights within Germany. I'm really not sure how we've been able to do that without someone waving the BS flag until now.

 

Is cabotage a player if we don't fly German freight intra Germany?

 

PA/FT/NW got the 5th freedom rights in Japan, only PA got the German rights.

 

I don't know. If things are parsed out down to that level of detail, perhaps that's how they're doing it. However, the above article seems to treat all of the EU as the "country" with respect to their protest, rather than the traditional individual country borders.

 

I think we actually do from CGN to MUC.

Gotta feel for those TNT guys, and hope that this acquisition brings good things to both our pilot group, and their's.

 

Have they read the agreement? Found this in the "Official Journal of the European Union" -



the right to perform international air transportation between points on the following routes:
(i) for airlines of the United States (hereinafter US airlines), from points behind the United States via the United States and intermediate points to any point or points in any Member State or States and beyond; and for all-cargo service, between any Member State and any point or points (including in any other Member States);

 

777 has a pairing that does CGN-CDG-MUC-FRA (3 legs in a 777 ? ... I digress)

I think what Lag is saying is maybe they bring outbound German freight to Paris on the first leg. Then pick up a full load of stuff destined for Germany once there, dropping it in MUC and FRA on the next two legs. But, not picking up new German stuff in MUC and dropping it in FRA.

I have no clue if that sort of thing is the way it was meant to work or a loophole.

I also wonder: A German shipped a package from Cologne to Munich. Can it go there via Paris on the first two legs of the above trip and not be considered cabotage since it wasn't flown directly within the borders of Germany?