Explanatory Memorandum to COM(2008)81-2 - Conclusion of the agreement with Pakistan on certain aspects of air services
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2008)81-2 - Conclusion of the agreement with Pakistan on certain aspects of air services. |
|---|---|
| source | COM(2008)81  |
| date | 14-02-2008 |
Grounds for and objectives of the proposal Following the judgements of the Court of Justice in the so-called “Open Skies” cases, on 5 June 2003 the Council granted the Commission a mandate to open negotiations with third countries on the replacement of certain provisions in existing agreements with a Community agreement1 (the “horizontal mandate”). The objectives of such agreements are to give all EU air carriers non-discriminatory access to routes between the Community and third countries, and to bring bilateral air service agreements between Member States and third countries in line with Community law.
General context International aviation relations between Member States and third countries have traditionally been governed by bilateral air services agreements between Member States and third countries, the Annexes to such agreements and other related bilateral or multilateral arrangements. Traditional designation clauses in Member States’ bilateral air services agreements infringe Community law. They allow a third country to reject, withdraw or suspend the permissions or authorisations of an air carrier that has been designated by a Member State but that is not substantially owned and effectively controlled by that Member State or its nationals. This has been found to constitute discrimination against Community carriers established in the territory of a Member State but owned and controlled by nationals of other Member States. This is contrary to Article 43 of the Treaty which guarantees nationals of Member States who have exercised their freedom of establishment the same treatment in the host Member State as that accorded to nationals of that Member State. There are further issues, such as aviation fuel taxation, tariffs introduced by third country air carriers on intra-Community routes, or obligatory commercial agreements between airlines where compliance with Community law should be ensured through amending or complementing existing provisions in bilateral air services agreements between Member States and third countries.
Existing provisions in the area of the proposal The provisions of the Agreement supersede or complement the existing provisions in sixteen bilateral air services agreements between Member States and Pakistan.
Consistency with the other policies and objectives of the Union The Agreement will serve a fundamental objective of the Community external aviation policy by bringing existing bilateral air services agreements in line with Community law.
CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT
Consultation of interested parties
Consultation methods, main sectors targeted and general profile of respondents Member States were consulted throughout the negotiations.
Summary of responses and how they have been taken into account Comments made by Member States have been taken into account.
Summary of the proposed action In accordance with the mechanisms and directives in the Annex to the ”horizontal mandate”, the Commission has negotiated an agreement with Pakistan that replaces certain provisions in existing bilateral air services agreements between Member States and Pakistan. Article 2 of the Agreement replaces the traditional designation clauses with a Community designation clause, permitting all Community carriers to benefit from the right of establishment. Article 4 resolves conflicts between the existing bilateral air services agreements and Council Regulation No 2409/92 on fares and rates for air services which prohibits third country carriers from being price leaders on air services for carriage wholly within the Community. Article 5 brings provisions in bilateral agreements which are clearly anti-competitive (obligatory commercial agreements between airlines) in line with EU competition law.
Legal basis EC Treaty Art. 802, 3003
Subsidiarity principle The proposal is entirely based on the “horizontal mandate” granted by the Council taking into account the issues covered by Community law and bilateral air services agreements.
Proportionality principle The Agreement will amend or complement provisions in bilateral air services agreements only to the extent necessary to ensure compliance with Community law.
Choice of instruments
The Agreement between the Community and Pakistan is the most efficient instrument to bring all existing bilateral air services agreements between Member States and Pakistan into conformity with Community law.
The proposal has no implication for the Community budget.
ADDITIONAL INFORMATION
Simplification
The proposal provides for simplification of legislation.
The relevant provisions of bilateral air services agreements between Member States and Pakistan will be superseded or complemented by provisions in one single Community agreement.
Detailed explanation of the proposal In accordance with the standard procedure for the signature and conclusion of international agreements, the Council is asked to approve the decisions on the signature and provisional application and on the conclusion of the Agreement between the European Community and the Islamic Republic of Pakistan on certain aspects of air services and to designate the persons authorised to sign the Agreement on behalf of the Community.
1. Proposal for a
COUNCIL DECISION
on the signature and provisional application of the Agreement between the European Community and the Islamic Republic of Pakistan on certain aspects of air services
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 804 in conjunction with the first sentence of the first subparagraph of Article 3005 thereof,
Having regard to the proposal from the Commission6,
Whereas:
The Council authorised the Commission on 5 June 2003 to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.
On behalf of the Community, the Commission has negotiated an Agreement with Pakistan on certain aspects of air services in accordance with the mechanisms and directives in the Annex to the Council Decision authorising the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.
Subject to its possible conclusion at a later date, the Agreement negotiated by the Commission should be signed and provisionally applied.
HAS DECIDED AS FOLLOWS:
Sole Article
1. The President of the Council is hereby authorised to designate the person(s) empowered to sign on behalf of the Community the Agreement between the European Community and the Islamic Republic of Pakistan on certain aspects of air services subject to its conclusion at a later date.
2. Pending its entry into force, the Agreement shall be applied provisionally from the first day of the first month following the date on which the parties have notified each other of the completion of the necessary procedures for this purpose. The President of the Council is hereby authorised to make the notification provided for in Article 87 of the Agreement.
3. The text of the Agreement is attached to this Decision.
Done at Brussels,
For the Council
The President
- 1.Council Decision 11323/03 of 5 June 2003 (restricted document)
- 2.OJ C , , p. .
- 3.OJ C , , p. .
- 4.OJ C , , p. .
- 5.OJ C , , p. .
- 6.OJ C , , p. .
- 7.OJ C , , p. .
- 8.OJ C , , p. .
- 9.OJ C , , p. .
- 10.OJ C , , p. .
- 11.OJ C , , p. .
- 12.OJ C , , p. .
- 13.Council Decision 11323/03 of 5 June 2003 (restricted document)