2005/0112(CNS)

EC/Australia Agreement: air services, replacing the bilateral agreements by a Community agreement

Procedure completed

2005/0112(CNS) EC/Australia Agreement: air services, replacing the bilateral agreements by a Community agreement
RoleCommitteeRapporteurShadows
Lead TRAN COSTA Paolo (ALDE)
Lead committee dossier: TRAN/6/29195
Legal Basis EC Treaty (after Amsterdam) EC 080-p2, EC Treaty (after Amsterdam) EC 300-p2/3-a1
Subjects
Links

Activites

  • 2008/06/07 Final act published in Official Journal
  • 2006/11/13 Act adopted by Council after consultation of Parliament
  • #2762
  • 2006/11/13 Council Meeting
  • 2006/11/13 End of procedure in Parliament
  • 2006/10/12 Text adopted by Parliament, 1st reading/single reading
    • T6-0397/2006 summary
    • Results of vote in Parliament
  • 2006/09/20 Committee report tabled for plenary, 1st reading/single reading
  • 2006/09/13 Vote in committee, 1st reading/single reading
  • 2006/07/19 Committee draft report
  • 2006/05/24 Supplementary legislative basic document
  • #2721
  • 2006/03/27 Council Meeting
  • 2005/07/07 Committee referral announced in Parliament, 1st reading/single reading
  • 2005/06/21 Legislative proposal
    • COM(2005)0264 summary
    • DG Energy and Transport, BARROT Jacques

Documents

History

(these mark the time of scraping, not the official date of the change)

2012-02-09
activities added
  • date
    2005-06-21
    docs
    • url
      http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2005&nu_doc=0264
      text
      • PURPOSE : to conclude an Agreement between the EC and Australia on certain aspects of air services

        PROPOSED ACT : Council Decision.

        CONTENT : international aviation relations between Member States and third countries have traditionally been governed by bilateral air services agreements or multilateral arrangements. Following certain judgements of the Court of Justice of the European Communities, the Community has exclusive competence with respect to various aspects of external aviation. The Court of Justice also clarified the right of Community air carriers to benefit from the right of establishment within the Community, including the right to non-discriminatory market access.

        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.

        Following the Court of Justice judgements, the Council authorised the Commission in June 2003 to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement. The Commission has negotiated an agreement with Australia that replaces certain provisions in the existing bilateral air services agreements between Member States and Australia.

        - 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 (Pricing) resolves conflicts between the existing bilateral air services agreements and Council Regulation 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.

        The proposals relate to the signature and provisional application and on the conclusion of the Agreement and to designate the persons authorised to sign the agreement on behalf of the Community.

      celexid
      CELEX:52005PC0264(02):EN
      type
      Legislative proposal published
      title
      COM(2005)0264
    body
    EC
    commission
    • DG
      Energy and Transport
      Commissioner
      BARROT Jacques
    type
    Legislative proposal
  • date
    2005-07-07
    body
    EP
    type
    Committee referral announced in Parliament, 1st reading/single reading
    committees
    • body
      EP
      responsible
      True
      committee
      TRAN
      date
      2005-08-29
      committee_full
      Transport and Tourism
      rapporteur
      • group
        ALDE
        name
        COSTA Paolo
  • date
    2006-03-27
    body
    CSL
    type
    Council Meeting
    council
    Tourism
    meeting_id
    2721
  • date
    2006-05-24
    docs
    • url
      http://register.consilium.europa.eu/servlet/driver?page=Result&lang=EN&typ=Advanced&cmsid=639&ff_COTE_DOCUMENT=5036%2F06&fc=REGAISEN&srm=25&md=100
      type
      Supplementary legislative basic document
      title
      05036/2006
    body
    CSL
    type
    Supplementary legislative basic document
  • date
    2006-07-19
    docs
    • url
      http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE362.501
      type
      Committee draft report
      title
      PE362.501
    body
    EP
    type
    Committee draft report
  • date
    2006-09-13
    text
    •  The committee adopted the report by its chairman, Paolo COSTA (ALDE, IT), approving - under the consultation procedure - the conclusion of the agreement between the EC and the Government of Australia on certain aspects of air services.

    body
    EP
    committees
    • body
      EP
      responsible
      True
      committee
      TRAN
      date
      2005-08-29
      committee_full
      Transport and Tourism
      rapporteur
      • group
        ALDE
        name
        COSTA Paolo
    type
    Vote in committee, 1st reading/single reading
  • date
    2006-09-20
    docs
    • url
      http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2006-0293&language=EN
      type
      Committee report tabled for plenary, 1st reading/single reading
      title
      A6-0293/2006
    body
    EP
    committees
    • body
      EP
      responsible
      True
      committee
      TRAN
      date
      2005-08-29
      committee_full
      Transport and Tourism
      rapporteur
      • group
        ALDE
        name
        COSTA Paolo
    type
    Committee report tabled for plenary, 1st reading/single reading
  • date
    2006-10-12
    docs
    body
    EP
    type
    Text adopted by Parliament, 1st reading/single reading
  • date
    2006-11-13
    body
    type
    Act adopted by Council after consultation of Parliament
  • date
    2006-11-13
    body
    CSL
    type
    Council Meeting
    council
    Education, Youth, Culture and Sport
    meeting_id
    2762
  • date
    2006-11-13
    body
    EP
    type
    End of procedure in Parliament
  • date
    2008-06-07
    text
    • PURPOSE: to conclude the Agreement between the European Community and Australia on certain aspects of air services.

      LEGISLATIVE ACT: Council Decision 2009/510/EC on the conclusion of the Agreement between the European Community and the Government of Australia on certain aspects of air services.

      CONTENT: this Decision provides that the Agreement between the EC and Australia on certain aspects of air services is approved on behalf of the Community. This Agreement follows the finding by the Court of Justice that 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.

      Following the Court of Justice judgements in the "Open Skies" cases, 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. The Commission negotiated an agreement with Australia that replaces certain provisions in the bilateral air services agreements between Member States and Australia.

      • 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 (Pricing) resolves conflicts between the existing bilateral air services agreements and Council Regulation 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.

      The Agreement is concluded on behalf of the Community.

    type
    Final act published in Official Journal
    docs
committees added
  • body
    EP
    responsible
    True
    committee
    TRAN
    date
    2005-08-29
    committee_full
    Transport and Tourism
    rapporteur
    • group
      ALDE
      name
      COSTA Paolo
links added
other added
  • body
    EC
    dg
    Energy and Transport
    commissioner
    BARROT Jacques
procedure added
dossier_of_the_committee
TRAN/6/29195
geographical_area
  • Australia
reference
2005/0112(CNS)
subtype
International agreement
legal_basis
stage_reached
Procedure completed
instrument
Decision
title
EC/Australia Agreement: air services, replacing the bilateral agreements by a Community agreement
type
CNS - Consultation procedure
final
subject
  • 3.20.15.02 Air transport agreements and cooperation

code AGPLv3.0+, data ODBLv1.0, site-content CC-By-Sa-3.0
© European Union, 2011 – Source: European Parliament