1、ICA0 CIRCULAR 269-ATlll O CIRCULAR 1997 IMPLICATIONS OF AIRLINE CODESHARING Approved by the Secretary General and publiched under his authonty INTERN ATION AL CIVIL AVIATION ORGANIZATION MONTREAL. CANADA Copyright International Civil Aviation Organization Provided by IHS under license with ICAONot f
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13、anization Provided by IHS under license with ICAONot for ResaleNo reproduction or networking permitted without license from IHS-,-,-FOREWORD In a rapidly changing global economy, the international air transport industry must continuously find new ways to adapt to trends and to changing and increasin
14、gly competitive conditions. Codesharing and other related forms of airline Co-operative ventures have been adopted by many international carriers either to extend their global reach or simply to survive in the more competitive environment, enabling them to be better placed in the marketplace. Such a
15、greements have proliferated in the past years and the recent trend shows no sign of abatement. Not all carriers have embraced codesharing, however, and the practice has been contested by some. Because codesharing involves much more than simple marketing or operational techniques, its wide applicatio
16、n raises a certain number of potential regulatory concerns, mainly on the consumer and competitive aspects. Such developments have focused the wider attention of the aeronautical community on codesharing and at the same time generated a number of national and regional studies, some of which are stil
17、l under way. When the ICA0 World-wide Air Transport Conference convened in Montreal from 23 November4 December 1994 to explore the future regulatory framework of intemational air transport, it identified a number of aspects on which further studies were needed. Codesharing was among the topics selec
18、ted to be examined by the Organization. This study was prepared by the Secretariat in 1996, drawing on available published information, including estimated 1995 data where necessary, specific studies already published for the Governments of the United States and Germany as well as for the European C
19、ommission, and ICAOs own documentation and research, with input provided by the European Civil Aviation Conference (ECAC) and by different Contracting States. Since codesharing is a relatively recent phenomenon - at least in it international application - and the situation is constantly evolving, an
20、y study on the subject is liable to be quickly overtaken or outdated by new factors. Moreover, the recentness of some of the agreements makes it difficult, in certain instances, to obtain any useful perspective on their results. Subject to these reservations, this study examines the present situatio
21、n, seeks to address comprehensively the implications of codesharing and identifies certain areas where caution should be exercised by regulatory authorities. This study has been approved by the Secretary General and published under his authority. Copyright International Civil Aviation Organization P
22、rovided by IHS under license with ICAONot for ResaleNo reproduction or networking permitted without license from IHS-,-,-STD*ICAO CIRCULAR EbS-AT/LLO-ENGL 1997 484L4Lb 00855bb 84T The designations employed and the presentation of the material in this publication do not imply the expression of any op
23、inion whatsoever on the part of ICA0 concerning the legal status of any country, territory, city or area or of its authorities, or Concerning the delimitation of its frontiers or boundaries. 1 Copyright International Civil Aviation Organization Provided by IHS under license with ICAONot for ResaleNo
24、 reproduction or networking permitted without license from IHS-,-,-TABLE OF CONTENTS Page EXECUTIVE SUMMARY (v) CHAPTER 1 . DESCRIPTION OF CODESHARING AND ITS CONSEQUENCES 1 Different types and forms of codesharing . 1 Rationale for codesharing 3 Practical consequences for air carriers. airports and
25、 computer reservation systems 6 CHAPTER 2 . EFFECTS ON TRAFFIC DEVELOPMENT . 8 Purpose and methodology 8 Main findings 8 CHAPTER 3 . ECONOMIC ASPECTS 12 Economic aspects for air carriers 12 Economic aspects for airports . 15 Economic aspects for passengers 16 Conclusion 17 CHAPTER 4 . INTERESTS OF D
26、EVELOPING COUNTRIES 18 Nature of participation . 18 Potential benefits and drawbacks 18 Government involvement 19 Conclusion 19 CHAPTER 5 . TRAFFIC RIGHTSMARKET ACCESS ASPECTS 20 Underlying route authority . 20 Special codesharing rights 20 Involvement of a third country 21 Government role . 22 Conc
27、lusion 22 CHAPTER 6 . COMPETITION ASPECTS . 23 Possible anti-competitive effects . 23 Increase of competition in some markets 24 Government involvement 25 Conclusion 25 (iii) Copyright International Civil Aviation Organization Provided by IHS under license with ICAONot for ResaleNo reproduction or n
28、etworking permitted without license from IHS-,-,- STD.ICA0 CIRCULAR ZbS-AT/LLO-ENGL 1977 II 464L4Lb 00855b8 bL2 (iv) ICA0 Circular 269-AT/IIO CHAPTER 7 . LEGAL ASPECS . Carrier liability under the Warsaw system . Liability limits . User liability Conclusion CHAPTER 8 . CONSUMER ASPECTS Background .
29、Information for the travelling public . Consumer protection Is codesharing really beneficial to the public? Conclusion CHAPTER 9 . LABOUR ASPECTS . Impact on the air transport industry work force Impact at airline management level Conclusion CHAPTER 10 . SECURITY. FACILITATION. SAFETY AND THE ENVIRO
30、NMENT . Security Facilitation Safety Environment . Conclusion Appendix 1 . Analysis of the effects of codesharing on traffic development of a sample of routes . Appendix 2 . Impact of codesharing on North Atlantic traffic at the country.pair. airport and airline levels . Appendix 3 . Extract from th
31、e ECAC recommendation on consumer informatiodprotection in connection with codeshared services Appendix 4 . Assessment of flight options and fares offered to customers on a sample of routes Page 26 26 27 27 27 29 29 30 32 33 34 35 35 35 36 37 37 37 38 38 39 41 50 60 62 Appendix 5 . Bibliography . 77
32、 Copyright International Civil Aviation Organization Provided by IHS under license with ICAONot for ResaleNo reproduction or networking permitted without license from IHS-,-,-STD-ICA0 CIRCULAR 2bS-AT/LLO-ENGL 1777 48414Lb 00855b9 557 EXECUTIVE SUMMARY 1. Codesharing and other related forms of airlin
33、e Co-operative ventures have been increasingly adopted by many international carriers to adapt to new trends such as the globalization of businesses as well as the increasingly competitive conditions that are now prevalent in the air transport industry. Because codesharing involves much more than a
34、simple marketing or operational technique, its wide application raises a certain number of potential regulatory concerns. 2. The practice of codesharing, by which one carrier permits a second carrier to use its airline designator code on a flight, or by which two carriers share the same airline code
35、 on a flight, can take different forms. It may, for example, involve a major carrier sharing its code with a smaller feeder carrier; it may also be an arrangement between two or, in some instances, three or more international carriers for an international flight operated co- operatively or for a con
36、necting service which uses the same code. 3. closely associated with codesharing and sometimes receive similar regulatory treatment (see Chapter 1). Other airline practices, such as blocked space, wet leasing, franchising, joint service and pooling, are often 4. For purposes of this study, the effec
37、ts of airline codesharing on traffic development have been assessed - on a preliminary basis because of the recentness of the experiences - on a certain number of routes involving transatlantic crossings for which sufficient data were available. The main findings are that, with a few notable excepti
38、ons, in most of the city-pairs examined, codesharing arrangements have not as yet produced fundamental changes in the markets considered. Where changes have been brought about, it has tended to result in a reduction in competition, in terms of the number of operators present in the market, and a red
39、uction in the number of services offered to the public. Because in most of the cases they are the actual carriers under the codesharing agreements, European carriers as a group would appear, on the basis of the data reported, to have fared better than North American carriers as regards improvement o
40、f their market share (see Chapter 2). 5. Quantifying the economic benefits derived from the practice of airline codesharing is a difficult exercise and the validity of the results provided in some studies or by participants in such schemes has been challenged. In some cases, airlines that are party
41、to a broader alliance have clearly benefited from the practice in terms of additional traffic and extra revenue, although this has mainly been at the expense of other carriers, since there is no clear evidence of traffic stimulation but rather of traffic redistribution. In some other cases, there ma
42、y be occasions when, within the context of an alliance, the codesharing arrangement may have the effect of benefiting only other carriers and other countries, since services are exclusively operated by the other party, with possible negative effects on employment and revenue for the first party. For
43、 airports and passengers alike, codesharing per se will not automatically be beneficial in every situation; on the other hand, when circumstances are favourable, it could be of value for airport operators and the travelling public. However, it remains to be seen how the situation will evolve in the
44、long run if, on a given sector that has a number of operators competing on it, most competitors have either been forced out and/or become part of an alliance, and the market has tended to concentrate (see Chapter 3). 6. Airline codesharing may have advantages for developing countries in so far as it
45、 can offer the possibility of serving very thin routes at minimal cost and using heretofore unused rights. It can thus be an instrument to facilitate the participation of developing countries airlines in international air transport. However, the present situation shows that the practice has yet to t
46、ake hold in a substantive way among developing countries airlines, although this may Copyright International Civil Aviation Organization Provided by IHS under license with ICAONot for ResaleNo reproduction or networking permitted without license from IHS-,-,-STD-ICA0 CIRCULAR 2bS-AT/LLO-ENGL 1997 il
47、 48414Lb 0085570 270 (vi) ICA0 Circular 269-AT/IlO change as the potential benefits of this form of co-operation come to be viewed as a means of adapting to the changing competitive environment and of enabling developing countries airlines to participate more economically and effectively in internat
48、ional air transport (see Chapter 4). 7. Airlines attempts to increase their market access and exposure through commercial alliances have placed codesharing under considerable regulatory attention since it was perceived as a means of indirectly increasing market access. It is now the general practice
49、 that international codesharing is dealt with in the bilateral negotiating process and that underlying traffic rights are required in order for any codeshared service to be approved. In some cases, specific provisions in bilateral agreements may also be required for codeshared services, especially when a third country is involved. 8. Therefore, other than its link to underlying traffic rights, codesharing d
