2005/0146(CNS)

EC/Former Yugoslav Republic of Macedonia FYROM agreement: air services, replacing the bilateral agreements by a Community agreement

Procedure completed

2005/0146(CNS) EC/Former Yugoslav Republic of Macedonia FYROM agreement: air services, replacing the bilateral agreements by a Community agreement
RoleCommitteeRapporteurShadows
Lead TRAN COSTA Paolo (ALDE)
Lead committee dossier: TRAN/6/29790
Legal Basis EC Treaty (after Amsterdam) EC 080-p2, EC Treaty (after Amsterdam) EC 300-p2/3-a1
Subjects
Links

Activites

  • 2008/03/05 Final act published in Official Journal
  • 2008/02/18 Act adopted by Council after consultation of Parliament
  • #2850
  • 2008/02/18 Council Meeting
  • 2008/02/18 End of procedure in Parliament
  • 2006/05/16 Text adopted by Parliament, 1st reading/single reading
  • 2006/04/11 Committee report tabled for plenary, 1st reading/single reading
  • 2006/04/06 Committee referral announced in Parliament, 1st reading/single reading
  • #2721
  • 2006/03/27 Council Meeting
  • 2005/11/22 Vote in committee, 1st reading/single reading
  • 2005/10/27 Committee draft report
    • PE364.883
  • 2005/07/29 Legislative proposal
    • COM(2005)0355 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
    2005-07-29
    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=0355
      text
      • PURPOSE: to conclude the Agreement between the European Community and the former Yugoslav Republic of Macedonia (FYROM) on certain aspects of air services.

        PROPOSED ACT: Council Decision.

        CONTENT: International aviation relations between Member States and third countries have been traditionally governed by bilateral air services agreements between Member States and third countries, the Annexes to such agreements and other related bilateral or multilateral arrangements.

        Following the judgments of the Court of Justice of the European Communities in recent cases (C-466/98, C-467/98, C-468/98, C-471/98, C-472/98, C-475/98 and C-476/98), 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 judgments, 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 the FYROM that replaces certain provisions in the existing bilateral air services agreements between Member States and the FYROM:

        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.

        Articles 4 and 5 of the Agreement address two types of clauses concerning matters of Community competence. Article 4 deals with the taxation of aviation fuel, a matter which has been harmonised by Council Directive 2003/96/EC restructuring the Community framework for the taxation of energy products and electricity, and in particular Article 14(2) of the Directive. Article 5 (Pricing) resolves conflicts between the existing bilateral air services agreements and Council Regulation No 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 Council is asked to approve the decisions on the signature and on the conclusion of the Agreement between the EC and the FYROM on certain aspects of air services and to designate the persons authorized to sign the Agreement on behalf of the Community.

      celexid
      CELEX:52005PC0355(02):EN
      type
      Legislative proposal published
      title
      COM(2005)0355
    body
    EC
    commission
    • DG
      Energy and Transport
      Commissioner
      BARROT Jacques
    type
    Legislative proposal
  • date
    2005-10-27
    docs
    • type
      Committee draft report
      title
      PE364.883
    body
    EP
    type
    Committee draft report
  • date
    2005-11-22
    text
    •  The committee adopted the report by its chair, Paolo COSTA (ALDE, IT), approving the conclusion of the Agreement between the European Community and the Former Yugoslav Republic of Macedonia (FYROM) 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
    2006-03-27
    body
    CSL
    type
    Council Meeting
    council
    Transport, Telecommunications and Energy
    meeting_id
    2721
  • date
    2006-04-06
    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
    2006-04-11
    docs
    • url
      http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2006-0130&language=EN
      type
      Committee report tabled for plenary, 1st reading/single reading
      title
      A6-0130/2006
    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
    2006-05-16
    docs
    body
    EP
    type
    Text adopted by Parliament, 1st reading/single reading
  • date
    2008-02-18
    body
    type
    Act adopted by Council after consultation of Parliament
  • date
    2008-02-18
    body
    CSL
    type
    Council Meeting
    council
    General Affairs
    meeting_id
    2850
  • date
    2008-02-18
    body
    EP
    type
    End of procedure in Parliament
  • date
    2008-03-05
    text
    • PURPOSE: to conclude the Agreement between the European Community and the former Yugoslav Republic of Macedonia (FYROM) on certain aspects of air services.

      LEGISLATIVE ACT: Council Decision 2008/198/EC on the conclusion of the Agreement between the European Community and the former Yugoslav Republic of Macedonia on certain aspects of air services.

      CONTENT: 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 on behalf of the Community an agreement with the FYROM on certain aspects of air services in accordance with the mechanisms and Directives in the Annex to the Council's decision authorising the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

      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. Articles 4 and 5 of the Agreement address two types of clauses concerning matters of Community competence. Article 4 deals with the taxation of aviation fuel, a matter which has been harmonised by Council Directive 2003/96/EC restructuring the Community framework for the taxation of energy products and electricity, particularly Article 14 paragraph 2 thereof. Article 5 (Pricing) resolves conflicts between the existing bilateral air services agreements and Council Regulation 2409/92/EC 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.

    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
European Commission
other added
  • body
    EC
    dg
    Energy and Transport
    commissioner
    BARROT Jacques
procedure added
dossier_of_the_committee
TRAN/6/29790
geographical_area
  • Former Yugoslav Republic of Macedonia, FYROM
reference
2005/0146(CNS)
subtype
International agreement
legal_basis
stage_reached
Procedure completed
instrument
Decision
title
EC/Former Yugoslav Republic of Macedonia FYROM 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

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© European Union, 2011 – Source: European Parliament