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2008/0162(CNS)

Mobile and aircraft equipments: international interests, 2001 Cape Town Convention and Protocol

Procedure completed

2008/0162(CNS) Mobile and aircraft equipments: international interests, 2001 Cape Town Convention and Protocol
RoleCommitteeRapporteurShadows
Lead JURI PAPASTAMKOS Georgios (PPE-DE)
Lead committee dossier: JURI/6/66065
Legal Basis EC Treaty (after Amsterdam) EC 061, EC Treaty (after Amsterdam) EC 300-p2/3-a1
Subjects
Links

Activites

  • 2009/05/15 Final act published in Official Journal
  • 2009/04/06 Act adopted by Council after consultation of Parliament
  • #2936
  • 2009/04/06 Council Meeting
  • 2009/04/06 End of procedure in Parliament
  • 2008/12/18 Text adopted by Parliament, 1st reading/single reading
    • T6-0623/2008 summary
    • Results of vote in Parliament
  • 2008/12/15 Committee report tabled for plenary, 1st reading/single reading
  • 2008/11/05 Committee draft report
  • 2008/09/25 Committee referral announced in Parliament, 1st reading/single reading
  • 2008/08/11 Legislative proposal
    • COM(2008)0508 summary
    • DG Justice, BARROT Jacques

Documents

Votes

Report: Papastamkos (A6-0506/2008) - resolution

2008/12/18
Position Total ALDE GUE/NGL IND/DEM NI PPE-DE PSE UEN Verts/ALE correctional
For 570 78 19 5 17 208 170 38 35 1
Against 12 0 7 3 2 0 0 0 0 0
Abstain 8 0 2 6 0 0 0 0 0 1

History

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

2012-02-09
activities added
  • date
    2008-08-11
    docs
    • url
      http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2008&nu_doc=0508
      text
      • PURPOSE: conclusion by the European Community of the Convention on International Interests in Mobile Equipment and its Protocol on matters specific to aircraft equipment, adopted jointly in Cape Town on 16 November 2001.

        PROPOSED ACT: Amended Proposal for a Council Decision.

        CONTENT: the Commission is proposing that the Community should conclude the Convention on

        International Interests in Mobile Equipment ("the Cape Town Convention") and its Protocol on matters specific to aircraft equipment ("the Aircraft Protocol") adopted, at a Diplomatic Conference held in Cape Town from 29 October to 16 November 2001, under the combined auspices of the International Institute for the Unification of Private Law (UNIDROIT) and the International Civil Aviation Organisation (ICAO).

        To recall, the Cap Town Convention and Aircraft Protocol are mixed agreements falling partly under exclusive Community competence. In 2002, the Commission presented two proposals for the signing and the conclusion by the Community of these instruments (see CNS/2002/0312). These proposals contained declarations to be made by the Community on the application of specific provisions of both instruments which affect Community law.

        Following discussions in the Civil Law Committee, the file was sent to COREPER in October 2003, but it did not reach adoption because of a dispute between Spain and the United Kingdom relating to the Gibraltar authorities in the context of mixed agreements. This dispute has been solved in December 2007. However the context has substantially changed since December 2003 as a number of new Member States joined the Community and the Convention and Protocol are no more open to signature. Therefore an amended proposal was necessary.

        This proposal replaces and updates the following proposals that were presented by the Commission in 2002. In the course of the Cape Town Diplomatic Conference in November 2001, the Community obtained provisions allowing it to apply Community law instead of the Convention and the Aircraft Protocol in matters covered by Regulations (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial mattersand (EC) No 1346/2000 on insolvency proceedings.

        At the time of conclusion, to make declarations on the matters falling within the Community's exclusive jurisdiction. These declarations attached in Annex II deal with the following matters:

        ·         interim relief (Article 55 of the Convention and Article X of the Protocol);

        ·         insolvency (Articles XI and XII of the Protocol);

        ·         the application of Article VIII of the Aircraft Protocol on choice of law.

        The United Kingdom and Ireland should take part in the adoption and application of this Decision. Denmark shall not take part in the adoption of this Decision and is not bound by it or subject to its application.

      celexid
      CELEX:52008PC0508:EN
      type
      Legislative proposal published
      title
      COM(2008)0508
    body
    EC
    commission
    • DG
      Justice
      Commissioner
      BARROT Jacques
    type
    Legislative proposal
  • date
    2008-09-25
    body
    EP
    type
    Committee referral announced in Parliament, 1st reading/single reading
    committees
    • body
      EP
      responsible
      True
      committee
      JURI
      date
      2008-09-22
      committee_full
      Legal Affairs
      rapporteur
      • group
        PPE-DE
        name
        PAPASTAMKOS Georgios
  • date
    2008-11-05
    docs
    • url
      http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE415.002
      type
      Committee draft report
      title
      PE415.002
    body
    EP
    type
    Committee draft report
  • date
    2008-12-15
    docs
    • url
      http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2008-0506&language=EN
      type
      Committee report tabled for plenary, 1st reading/single reading
      title
      A6-0506/2008
    body
    EP
    committees
    • body
      EP
      responsible
      True
      committee
      JURI
      date
      2008-09-22
      committee_full
      Legal Affairs
      rapporteur
      • group
        PPE-DE
        name
        PAPASTAMKOS Georgios
    type
    Committee report tabled for plenary, 1st reading/single reading
  • date
    2008-12-18
    docs
    body
    EP
    type
    Text adopted by Parliament, 1st reading/single reading
  • date
    2009-04-06
    body
    type
    Act adopted by Council after consultation of Parliament
  • date
    2009-04-06
    body
    CSL
    type
    Council Meeting
    council
    Justice and Home Affairs (JHA)
    meeting_id
    2936
  • date
    2009-04-06
    body
    EP
    type
    End of procedure in Parliament
  • date
    2009-05-15
    text
    • PURPOSE: to conclude the Convention on International Interests in Mobile Equipment and its Protocol on matters specific to aircraft equipment, adopted jointly in Cape Town on 16 November 2001.

      LEGISLATIVE ACT: Council Decision 2009/370/EC on the accession of the European Community to the Convention on international interests in mobile equipment and its Protocol on matters specific to aircraft equipment, adopted jointly in Cape Town on 16 November 2001.

      CONTENT: the Council adopted a decision approving the accession of the European Community to the Convention on International Interests in Mobile Equipment (the "Cape Town Convention") and the Protocol on matters specific to aircraft equipment ('Aircraft Protocol'). To recall, the Cape Town Convention and its Protocol on matters specific to aircraft equipment was adopted, at a Diplomatic Conference held in Cape Town from 29 October to 16 November 2001, under the combined auspices of the International Institute for the Unification of Private Law (UNIDROIT) and the International Civil Aviation Organisation (ICAO).

      In 2002, the Commission presented two proposals for the signing and the conclusion by the Community of these instruments. These proposals contained declarations to be made by the Community on the application of specific provisions of both instruments which affect Community law.

      This Decision replaces and updates the following proposals that were presented by the Commission in 2002. In the course of the Cape Town Diplomatic Conference in November 2001, the Community obtained provisions allowing it to apply Community law instead of the Convention and the Aircraft Protocol in matters covered by Regulations Council Regulations (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial mattersand (EC) No 1346/2000 on insolvency proceedings.

      The Community is required, at the time of conclusion, to make declarations on the matters falling within the Community's exclusive jurisdiction. These declarations deal with the following matters:

      • interim relief (Article 55 of the Convention and Article X of the Protocol);
      • insolvency (Articles XI and XII of the Protocol);
      • the application of Article VIII of the Aircraft Protocol on choice of law.

      The United Kingdom and Ireland are taking part in the adoption and application of this Decision. Denmark does not take part in the adoption of this Decision and is not bound by it or subject to its application.

    type
    Final act published in Official Journal
    docs
committees added
  • body
    EP
    responsible
    True
    committee
    JURI
    date
    2008-09-22
    committee_full
    Legal Affairs
    rapporteur
    • group
      PPE-DE
      name
      PAPASTAMKOS Georgios
links added
National parliaments
European Commission
other added
  • body
    EC
    dg
    Justice
    commissioner
    BARROT Jacques
procedure added
dossier_of_the_committee
JURI/6/66065
reference
2008/0162(CNS)
subtype
Legislation
legal_basis
stage_reached
Procedure completed
instrument
Decision
title
Mobile and aircraft equipments: international interests, 2001 Cape Town Convention and Protocol
type
CNS - Consultation procedure
final
subject