Can Member States continue to support
existing bilateral ASAs during an EU/US negotiation?
19. If negotiations with the US break down, it will
still be important for EU Member States to continue to support
existing bilateral air service agreements. The Department for
Transport's supplementary evidence
sets this out clearly.
"The safeguard, should talks fail, comes in
Article 4 of the draft Regulation.
So long as the Commission is actively negotiating with the US,
Article 4(4) applies if a Member conducts bilateral talks with
the US. The Member State may not apply provisionally, or conclude,
a bilateral agreement (with the US) without going through the
Community procedure set out in Article 4(3). If on the other hand,
the talks have failed, so by definition, the Commission is not
actively negotiating with the US, a Member State which concluded
a deal with the US would be subject to either Article 4(1) or
Article 4(2). If the new deal included the so-called Community
clauses, the Member State would be free to conclude the agreement
without reference to Brussels, under Article 4(1). If it did not
include the so-called Community clauses, the Member State would
be free under Article 4(2) to apply the agreement provisionally,
though it would have to go through the Community procedure under
Article 4(3) before formally concluding the agreement".