APPENDIX 4 Council of The European Union-Brussels,
28 May 2003
OUTCOME OF PROCEEDINGS
|from:||Permanent Representatives Committee
|dated:||28 May 2003|
|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.
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,
- any relevant standard clauses, developed jointly between
Member States and the Commission, are included in such negotiations;
- 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
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
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
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.
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
[. . .] [. . .]