Select Committee on European Union Thirty-Sixth Report


APPENDIX 4 Council of The European Union-Brussels, 28 May 2003

OUTCOME OF PROCEEDINGS
from:Permanent Representatives Committee
dated:28 May 2003
To:Council
No.prev. doc.:9673/03 AVIATION 111 RELEX 193 CODEC 702
No. Cion prop.:7047/03 AVIATION 39 RELEX 85 CODEC 252
Subject:Proposal for a Regulation of the European Parliament and of the Council on the negotiation and implementation of air service agreements between Member States and third countries-General approach
Delegations will find attached a draft text of the articles of the above proposal, as they stand after their examination by the Committee.

Annex

PROPOSAL FOR A EUROPEAN PARLIAMENT AND COUNCIL REGULATION ON THE NEGOTIATION AND IMPLEMENTATION OF AIR SERVICE AGREEMENTS BETWEEN MEMBER STATES AND THIRD COUNTRIES

ARTICLE 1-NOTIFICATION TO THE COMMISSION

1 A Member State may, without prejudice to the respective competencies of the Community and its Member States, [. . .] enter into negotiations with a third country concerning a new agreement or the modification [. . .] of an existing air service agreement, its annexes or any other related bilateral or multilateral arrangement, the subject matter of which falls partly within the competence of the Community, provided that:

    - any relevant standard clauses, developed jointly between Member States and the Commission, are included in such negotiations; and

    - the notification procedure set out in paragraphs 2 to 4 is complied with.

Where appropriate, the Commission will be invited to participate as an observer in any such negotiations.

2. Where a Member State intends to enter into such negotiations it shall notify the Commission of its intentions in writing. This notification shall include a copy of the existing agreement, if available, and other relevant documentation concerned and an indication of the provisions to be addressed in the negotiation, the objectives of the negotiation, and any other relevant information. The Commission shall make such notifications and, on request, accompanying documentation available to other Member States, subject to the requirements of confidentiality.

The information shall be transmitted at least one calendar month before formal negotiations are intended to commence with the third country concerned. If, due to exceptional circumstances, formal negotiations are arranged at less than one month's notice, the Member State shall transmit the information as soon as possible.

3. The Member States may make comments to the Member State which has notified its intentions in accordance with paragraph 2. That Member State shall take such comments into account as far as possible in the course of the negotiations with the third country concerned.

4. If, within 15 working days of receipt of the notification referred to in paragraph 1, the Commission concludes that the negotiations that a Member State wishes to conduct with a third country are likely to:

    - undermine the objectives of Community negotiations underway with this third country, and/or

    - lead to an agreement which is incompatible with Community law

it shall inform the Member State accordingly. [. . .]

ARTICLE 2-CONSULTATION OF STAKEHOLDERS AND PARTICIPATION IN NEGOTIATIONS

In so far as air carriers and other interested parties are to be associated with the negotiations referred to in Article 1, Member States shall treat equally all Community carriers [. . .] with an establishment on their respective territories to which the Treaty applies.

ARTICLE 3-PROHIBITION TO INTRODUCE MORE RESTRICTIVE ARRANGEMENTS

Member States shall not enter into any new arrangement which reduces the number of Community carriers which may, in accordance with existing arrangements, be designated to provide services between its territory and a third country, neither in respect of the entire air transport market between the two parties nor on the basis of specific city pairs.

ARTICLE 4-CONCLUSION OF AGREEMENTS

1. Upon signature of an agreement, the Member State concerned shall notify the Commission of the outcome of the negotiations together with any relevant documentation.

2. Where the negotiations have resulted in an agreement which incorporates the relevant standard clauses referred to in Article 1(1), the Member State is authorised to conclude the agreement.

3. Where the negotiations have resulted in an agreement which does not incorporate the standard clauses referred to in Article 1(1), the Member State shall be authorised to conclude the agreement [ ... ], provided that the conclusion of the agreement does not harm the object and purpose of the Community common transport policy, in accordance with the advisory procedure laid down in Article 3 of Decision 1999/468/EC, in compliance with Articles 7 and 8 thereof. The Member State may provisionally apply the agreement pending the outcome of this advisory procedure.

4. Notwithstanding paragraphs 2 and 3 above, if the Commission is actively negotiating with the same third country on the basis. of a country specific mandate or on the basis of Council Decision XX/03 (horizontal mandate), the Member State concerned may be authorised to apply provisionally and/or conclude the agreement in accordance with the procedure laid down in paragraph 3.

5. The Commission shall be assisted by the Committee established under Article 11 of Regulation 2408/92/EC.

ARTICLE 5-DISTRIBUTION OF TRAFFIC RIGHTS

Where a Member State concludes an agreement or amendments to an agreement or its annexes that provide for limitations on the use of traffic rights or the number of Community carriers eligible to be designated to take advantage of traffic rights, that Member State shall ensure a distribution of traffic rights among eligible Community carriers on the basis of a non-discriminatory and transparent procedure.

ARTICLE 6-PUBLICATION OF PROCEDURES

Upon entry into force of this Regulation, Member States shall inform the Commission without delay of the procedures that they shall apply for the purposes of Article 5 and, where appropriate, Article 2. For information purposes the Commission shall ensure that these procedures are published in the Official Journal of the European Union within eight weeks. Any new procedures and subsequent changes to procedures shall be communicated to the Commission at least eight weeks before they enter into force, so that the Commission can ensure their publication in the Official Journal of the European Union within that eight week period.

ARTICLE 7-CONFIDENTIALITY

In notifying the Commission of negotiations and their outcome as foreseen in Articles 1 and 4, Member States shall clearly inform the Commission if any information therein is to be considered confidential and whether it can be shared with other Member States. The Commission and Member States shall ensure that any information identified as confidential is treated consistently with Article 4(1)(a) of Regulation 1049/2001.

ARTICLE 7A-GENERAL PROVISIONS

1. The application of this Regulation to the airport of Gibraltar is understood to be without prejudice to the respective legal positions of the Kingdom of Spain and the United Kingdom with regard to the dispute over sovereignty over the territory in which the airport is situated.

2. Application of this Regulation to Gibraltar airport shall be suspended until the arrangements included in the Joint Declaration made by the Foreign Ministers of the Kingdom of Spain and the United Kingdom on 2 December 1987 enter into operation. The Governments of Spain and the United Kingdom will inform the Council of such date of entry into operation.

ARTICLE 8-ENTRY INTO FORCE

This Regulation shall enter into force on the thirtieth day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States

Done at [Brussels], [. . .]

  For the European Parliament For the Council

  The President The President

  [. . .] [. . .]

@PARA@



 
previous page contents

House of Lords home page Parliament home page House of Commons home page search page enquiries index

© Parliamentary copyright 2003