Select Committee on European Union Thirty-Sixth Report


THIRTY-SIXTH REPORT


15 July 2003

By the Select Committee appointed to consider European Union documents and other matters relating to the European Union.

Ordered to Report

SUPPLEMENTARY REPORT ON THE EFFECT OF THE EUROPEAN COURT OF JUSTICE

JUDGMENTS OF 5 NOVEMBER 2002 ON AVIATION RELATIONS BETWEEN THE EUROPEAN UNION AND THE UNITED STATES OF AMERICA

2003/0044(COD)  Proposal for a Regulation of the European Parliament and of the Council on the negotiations and implementation of air service agreements between Member States and third countries

Abstract

In our earlier Report[1] we recommended that the Council agree to give the Commission two mandates:

-  to negotiate with non-EU states to persuade them to accept Community airline designation

  instead of bilateral national airline designation in air service agreements (ASA);

-  to negotiate a fully-liberalised Open Aviation Area with the United States of America (US).

At the 5/6 June Transport Council in Luxembourg, the Council agreed to give the Commission two mandates. One, to negotiate an air service agreement with the United States on behalf of the Community. The other, to negotiate on specific Community issues with other third countries, while allowing flexibility for Member States to negotiate and implement air service agreements bilaterally. The text of the two mandates is confidential and was not available to the Committee.

We examine the detail provided to us and conclude that the Council's mandates appear to be acceptable to UK national interests provided safeguards are introduced into the negotiations for an Open Aviation Area to prevent a phased negotiation from breaking down and leaving the UK in a worse position than it enjoys under the existing bilateral ASA with the US.




1   "Open Skies" or Open Markets? The effect of the European Court of Justice (ECJ) judgments on Aviation Relations between the European Union and the United States of America (USA); Session 2002-03, 17th Report, HL Paper 92. Back


 
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