Coalition agreement 2021-2025 of the new government – implications for air and space traffic
The coalition agreement presented on 24 November 2021 between the governing parties SPD, BÜNDNIS90/DIE GRÜNEN and FDP provides for changes in the following points for the aerospace sector:
1. Economy
The independence of the national space programmes and the European Space Agency is to be preserved and strengthened as a national technology of the future. A key point here is the development of new space strategies that avoid and salvage space debris (p. 27).
The goals of aviation are less specific, but support for research into increasingly climate-neutral aviation through research into synthetic fuels (“sustainable aviation fuel”, “SAF”) is clearly stated. Aviation research programmes (including materials research and lightweight construction) are to be accelerated and advance funding shall be possible (p. 27).
This intends to optimise the climate impact of air transport in general.
2. Environment and climate protection
Also interesting is the plan to promote soil-conserving forest cultivation with seed drones, a hitherto rather neglected industry with a minority of suppliers (p. 39).
The national “Air Pollution Control Program” is implementing measures to make the leakage of kerosene (‘fuel dumping’) more transparent and intends to develop ways of avoiding it. This point is likely to conflict with European safety regulations on the operation of aircraft, which stipulate a minimum amount of fuel that an aircraft must carry in the event of an emergency (diversion, holding), but which is currently required to be dumped before a scheduled landing – under certain conditions – in order to reduce weight (p. 41).
3. Climate, Energy, Transformation
The “green” stamp (by the party BÜNDNIS 90/DIE GRÜNEN) for the aviation industry and probably the most drastic point: the coalition formulates the goal of introducing a Europe-wide air traffic tax along the lines of the German air traffic tax until the EU decides whether to levy a kerosene tax.
Currently, the EC Energy Tax Directive 2003/96/EC only allows a kerosene tax at national level. Bilateral agreements are required at EU level for this purpose, but the existing Air Service Agreements (bilateral air transport agreements) provide for the opposite, as Article 24 of the Chicago Convention precludes taxation. This, too, is likely to stand in the way of an EU decision. The argument is also circular. If the new government wants to prevent “carbon leakage” (as the paper states), it must not jeopardize the competitiveness of European air transport.
The pandemic-related crisis buys the industry here another two years with regard to an increase in the German air traffic tax (p. 54). This is unlikely to provide much noticeable relief to the beleaguered industry and appears short-sighted. The revenues are to be used for the development of climate-neutral fuels and modernization.
The announcement to expand rail transport in such a way that short-haul flights would become even less attractive, as already envisaged in the 2017 air transport concept of the Federal Ministry of Transport and Digital Infrastructure (p. 30), was expected. The actual figures tell a different story: 53 percent of passenger flights from German airports in 2020 were on routes of less than 1000 kilometres. [1]
4. Imissions
Aircraft noise is to be decreased by raising noise-based airport charges, thus promoting climate-neutral airport operations. The issue of “effective noise protection” shall fall within the remit of German air traffic control and an amendment to the Aircraft Noise Protection Act is to be evaluated (p. 54). The very green handwriting of the planned “TA Lärm” amendment, foreshadows, who will lose out in the planned overall noise assessment of road, rail, air and industry (p. 93).
At the EU level, efforts shall be made to implement the “Single European Sky”.
It is certainly positive for the aviation industry that detection and defence against drones should remain a sovereign task (p. 54).
5. Equal treatment
The promises of the automation of compensation services and the amendment of the law on general terms and conditions in the area of passenger air traffic, anchored under the topic “Equality”, show a lack of ideas. There is no provision for equal treatment of the various modes of transport.
The predictable commitment to maintain a high level of consumer protection with regard to the amendment of the Air Passenger Rights Regulation is likely to be irrelevant in view of the buried new regulation, but in overall not necessary due to an already existing high level.
6. Defense
A successor system for the Tornado fighter shall be found quickly. Whether the existing “German Service Life Enhancement Program” (SLE) should remain part for the still existing fighter jets or if the “British Future Offensive Air System study” (FOAS) will be taken into account, remains open. The alternatives so far are the Eurofighter Thyphoon and the American equivalents Boeing F/A-18F and EA-18.
The Bundeswehr is allowed to arm itself with drones, with a focus on a protective function (p. 149). The use of armed drones shall be increased for international control regimes, while autonomous weapon systems are firmly rejected (p. 145).
[1] News report tagesschau, June 4, 2021, available here.
Authors: Ulrich Steppler and Sarah Joanna Haas