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2009/0018(NLE)

EC/Canada agreement: air transport

Awaiting final decision

2009/0018(NLE) EC/Canada agreement: air transport
RoleCommitteeRapporteurShadows
Lead TRAN ŢICĂU Silvia-Adriana (S&D) GROSCH Mathieu (EPP), MEISSNER Gesine (ALDE), LICHTENBERGER Eva (Verts/ALE), BRADBOURN Philip (ECR), KOHLÍČEK Jaromír (GUE/NGL)
Lead TRAN
Lead committee dossier: TRAN/7/00252
Legal Basis TFEU TFEU 100-p2, TFEU TFEU 218-p6a
Subjects
Links

Activites

  • 2011/03/24 Text adopted by Parliament, 1st reading/single reading
    • T7-0107/2011 summary
    • Results of vote in Parliament
  • 2011/03/02 Committee report tabled for plenary, 1st reading/single reading
  • 2011/02/28 Vote in committee, 1st reading/single reading
  • 2010/12/17 Committee draft report
  • 2010/11/25 Committee referral announced in Parliament, 1st reading/single reading
  • 2010/11/08 Legislative proposal
    • 15380/2010 summary
  • 2010/11/08 Legislative proposal published
    • 15380/2010 summary
    • DG {u'url': u'http://ec.europa.eu/dgs/transport/index_en.htm', u'title': u'Mobility and Transport'}, KALLAS Siim
  • 2009/12/02 Additional information
  • #2979
  • 2009/11/30 Council Meeting
  • 2009/11/24 Document attached to the procedure
  • #2935
  • 2009/03/30 Council Meeting
  • 2009/02/17 Initial legislative proposal
    • COM(2009)0062 summary
    • DG {u'url': u'http://ec.europa.eu/dgs/transport/index_en.htm', u'title': u'Mobility and Transport'}, KALLAS Siim

Documents

History

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

2013-02-20
activities/0/docs/0/text/0 changed
Old

PURPOSE: signature and conclusion of the EU-Canada Air Transport Agreement.

PROPOSED ACT: Decision of the Council and the representatives of the Governments of the Member States of the European Union, meeting within the Council.

BACKGROUND: this Agreement was negotiated under a mandate received from the Council in October 2007. Air services between the EU and Canada presently operate on the basis of bilateral agreements between individual Member States and Canada. These bilateral agreements contain provisions that the European Court of Justice ruled in November 2002 to be incompatible with Community law.

It is therefore essential that a new Community-level framework for EU/Canada air services is established.

The negotiating mandate set the objective of establishing an Open Aviation Area (OAA) between the EU and Canada. This would create a single market for air transport between the EU and Canada in which investment could flow freely and in which European and Canadian airlines would be able to provide air services without any restriction, including in the domestic markets of both parties. Achievement of the mandate in full would require significant legislative changes in Canada, in particular to remove the existing legal restrictions on foreign ownership and control of Canadian airlines and on cabotage. For this reason, the mandate explicitly recognises the possibility of implementing an agreement in a phased approach.

The EU accepted during the negotiations that full investment opening could not be achieved from the start, but would be gradually introduced in different phases during a transitional period. Based on the negotiating directives of the mandate, and in line with conclusions of the

EU-Canada summit of October 2008, the draft Agreement with Canada was finalised by the Commission in November 2008.

IMPACT ASSESSMENT: the Agreement ensures the gradual establishment of an EU/Canada Open Aviation Area. A report prepared for the Commission in 2006 by consultants, estimated that an EU/Canada Open Aviation Area would generate upwards of 17 million extra passengers a year, consumer benefits of at least EUR 5 billion a year, and would support employment on both sides of the Atlantic.

CONTENT: this Agreement represents a comprehensive agreement that will replace the existing bilateral agreements concluded by the Member States with Canada. It removes all existing restrictions on the rights of both Community air carriers and Canadian air carriers to operate between points in the European Community and points in Canada. In this respect, the Agreement removes the obstacles to the ability of Community air carriers to benefit from the right of establishment within the Community, including the right to non-discriminatory market access, in relation to the provision of air services to and from Canada.

It includes a gradual phasing-in of traffic rights and investment opportunities. It would meet the legal requirements of the Community and deliver substantial immediate economic benefits for transatlantic air travellers and shippers.

The Agreement:

  • creates simultaneously for all Community air carriers uniform conditions for market access, and establishes new arrangements for regulatory co-operation between the European Community and Canada in fields essential for the safe, secure, and efficient operation of transatlantic air services. In particular, there will be strengthened co-operation in matters concerning aviation security and aviation safety. There will also be new arrangements for cooperation to ensure a competitive level playing-field. These arrangements can only be achieved at Community level because they involve a number of areas of exclusive Community competence;
  • allows for the simultaneous extension of its terms to the 27 Member States, applying the same rules without discrimination and benefiting all Community air carriers regardless of their nationality. These carriers can now operate freely from any point in the European Union to any point in Canada. Removal of all market access restrictions between the EU and Canada will not only attract new entrants to the market and create opportunities to operate to underserved airports, but will also facilitate consolidation between Community air carriers;
  • secures for all Community air carriers access to commercial opportunities, such as the possibility to freely establish prices, which no Member State has been able to secure by negotiating individually. One of the main objectives of the mandate is to create a level playing field between all EU and Canadian air carriers, and this requires strong regulatory co-operation which can only be delivered at Community level.

BUDGETARY IMPLICATION: the proposal has no implication for the Community budget.

New

PURPOSE: signature and conclusion of the EU-Canada Air Transport Agreement.

PROPOSED ACT: Decision of the Council and the representatives of the Governments of the Member States of the European Union, meeting within the Council.

BACKGROUND: this Agreement was negotiated under a mandate received from the Council in October 2007. Air services between the EU and Canada presently operate on the basis of bilateral agreements between individual Member States and Canada. These bilateral agreements contain provisions that the European Court of Justice ruled in November 2002 to be incompatible with Community law.

It is therefore essential that a new Community-level framework for EU/Canada air services is established.

The negotiating mandate set the objective of establishing an Open Aviation Area (OAA) between the EU and Canada. This would create a single market for air transport between the EU and Canada in which investment could flow freely and in which European and Canadian airlines would be able to provide air services without any restriction, including in the domestic markets of both parties. Achievement of the mandate in full would require significant legislative changes in Canada, in particular to remove the existing legal restrictions on foreign ownership and control of Canadian airlines and on cabotage. For this reason, the mandate explicitly recognises the possibility of implementing an agreement in a phased approach.

The EU accepted during the negotiations that full investment opening could not be achieved from the start, but would be gradually introduced in different phases during a transitional period. Based on the negotiating directives of the mandate, and in line with conclusions of the

EU-Canada summit of October 2008, the draft Agreement with Canada was finalised by the Commission in November 2008.

IMPACT ASSESSMENT: the Agreement ensures the gradual establishment of an EU/Canada Open Aviation Area. A report prepared for the Commission in 2006 by consultants, estimated that an EU/Canada Open Aviation Area would generate upwards of 17 million extra passengers a year, consumer benefits of at least EUR 5 billion a year, and would support employment on both sides of the Atlantic.

CONTENT: this Agreement represents a comprehensive agreement that will replace the existing bilateral agreements concluded by the Member States with Canada. It removes all existing restrictions on the rights of both Community air carriers and Canadian air carriers to operate between points in the European Community and points in Canada. In this respect, the Agreement removes the obstacles to the ability of Community air carriers to benefit from the right of establishment within the Community, including the right to non-discriminatory market access, in relation to the provision of air services to and from Canada.

It includes a gradual phasing-in of traffic rights and investment opportunities. It would meet the legal requirements of the Community and deliver substantial immediate economic benefits for transatlantic air travellers and shippers.

The Agreement:

  • creates simultaneously for all Community air carriers uniform conditions for market access, and establishes new arrangements for regulatory co-operation between the European Community and Canada in fields essential for the safe, secure, and efficient operation of transatlantic air services. In particular, there will be strengthened co-operation in matters concerning aviation security and aviation safety. There will also be new arrangements for cooperation to ensure a competitive level playing-field. These arrangements can only be achieved at Community level because they involve a number of areas of exclusive Community competence;
  • allows for the simultaneous extension of its terms to the 27 Member States, applying the same rules without discrimination and benefiting all Community air carriers regardless of their nationality. These carriers can now operate freely from any point in the European Union to any point in Canada. Removal of all market access restrictions between the EU and Canada will not only attract new entrants to the market and create opportunities to operate to underserved airports, but will also facilitate consolidation between Community air carriers;
  • secures for all Community air carriers access to commercial opportunities, such as the possibility to freely establish prices, which no Member State has been able to secure by negotiating individually. One of the main objectives of the mandate is to create a level playing field between all EU and Canadian air carriers, and this requires strong regulatory co-operation which can only be delivered at Community level.

BUDGETARY IMPLICATION: the proposal has no implication for the Community budget.

activities/4/text/0 changed
Old

The Lisbon Treaty, which entered into force on 1 December 2009, amended the EU's two core treaties, the Treaty on European Union (TEU) and the Treaty establishing the European Community (EC Treaty). The latter was renamed the Treaty on the Functioning of the European Union (TFEU).

These changes had various consequences for many ongoing procedures. First of all, the articles of the TEU and of the old EC Treaty that constitute the legal basis of all the proposals founded on those Treaties were renumbered in accordance with the table of equivalences mentioned in Article 5 of the Lisbon Treaty.

In addition, some proposals underwent a change to their legal basis going beyond a mere change to their numbering, and this resulted in changes to the type of procedure.

The Lisbon Treaty also introduced new concepts of decision-making procedure. The old "codecision procedure" was extended to new areas and renamed the "ordinary legislative procedure". A new "consent procedure" replaced the old "assent procedure". New interinstitutional procedures were also set up for the adoption of certain non-legislative acts, for example the conclusion of some international agreements.

The ongoing proposals concerned by these changes were formally modified by the Commission in a Communication published on 2 December 2009 (COM(2009)0665).

In the case of the proposal for a Decision of the Council and the representatives of the Governments of the Member States of the European Union, meeting within the Council on the conclusion of the Air Transport Agreement between the European Community and its Member States, on the one hand, and Canada, on the other hand, the entry into force of the Lisbon Treaty had the following impacts:

·        the old legal basis - Treaty/EC/Art.80(2), Art.300(2) first para and (3) first para. - became Art 100(2), Art 218 (6)(a) of the TFEU. Please note that the numbering of the old legal basis corresponds to the consolidated version of the Treaty that was applicable immediately before the entry into force of the Lisbon Treaty, and may differ from the references in the original Commission proposal;

·        the proposal, which had previously fallen under the old consultation procedure (CNS), was classified as an interinstitutional non-legislative procedure (NLE).

New

The Lisbon Treaty, which entered into force on 1 December 2009, amended the EU's two core treaties, the Treaty on European Union (TEU) and the Treaty establishing the European Community (EC Treaty). The latter was renamed the Treaty on the Functioning of the European Union (TFEU).

These changes had various consequences for many ongoing procedures. First of all, the articles of the TEU and of the old EC Treaty that constitute the legal basis of all the proposals founded on those Treaties were renumbered in accordance with the table of equivalences mentioned in Article 5 of the Lisbon Treaty.

In addition, some proposals underwent a change to their legal basis going beyond a mere change to their numbering, and this resulted in changes to the type of procedure.

The Lisbon Treaty also introduced new concepts of decision-making procedure. The old "codecision procedure" was extended to new areas and renamed the "ordinary legislative procedure". A new "consent procedure" replaced the old "assent procedure". New interinstitutional procedures were also set up for the adoption of certain non-legislative acts, for example the conclusion of some international agreements.

The ongoing proposals concerned by these changes were formally modified by the Commission in a Communication published on 2 December 2009 (COM(2009)0665).

In the case of the proposal for a Decision of the Council and the representatives of the Governments of the Member States of the European Union, meeting within the Council on the conclusion of the Air Transport Agreement between the European Community and its Member States, on the one hand, and Canada, on the other hand, the entry into force of the Lisbon Treaty had the following impacts:

·        the old legal basis - Treaty/EC/Art.80(2), Art.300(2) first para and (3) first para. - became Art 100(2), Art 218 (6)(a) of the TFEU. Please note that the numbering of the old legal basis corresponds to the consolidated version of the Treaty that was applicable immediately before the entry into force of the Lisbon Treaty, and may differ from the references in the original Commission proposal;

·        the proposal, which had previously fallen under the old consultation procedure (CNS), was classified as an interinstitutional non-legislative procedure (NLE).

activities/5/docs/0/text/0 changed
Old

PURPOSE: to conclude the EU-Canada Air Transport Agreement.

PROPOSED ACT: Council Decision.

BACKGROUND: the Commission negotiated on behalf of the Community and of the Member States an Agreement on Air Transport with Canada. The Agreement was signed on 17 and 18 December 2009 and applies provisionally subject to its conclusion at a later date.

It is now necessary to approve the Agreement by the Union and its Member States.

IMPACT ASSESSMENT: no impact assessment was carried out.

LEGAL BASIS: Article 100(2), in conjunction with Article 218(6)(a)(v) and the first subparagraph of Article 218(8) of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: by this Decision, the Agreement on Air Transport between the European Community and its Member States, of the one part, and Canada, of the other part, is hereby approved on behalf of the Union. For details of the content of the Agreement, please refer to the summary of the previous initial legislative document dated 17/02/2009.

Termination of the Agreement: procedural arrangements have been laid down in the Agreement for deciding, if appropriate, how to terminate the Agreement and a decision to withdraw such notice, shall be taken by the Council, on behalf of the Union and of the Member States, acting unanimously on the basis of a Commission proposal.

Joint Committee: it also lays down appropriate procedural arrangements for the participation of the Union and the Member States in the Joint Committee set up under Article 17 of the Agreement and in the dispute settlement procedures provided for in Article 21 of the Agreement, as well as for implementing certain provisions of the Agreement concerning security and safety.

It should be noted that as a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community and from that date exercises all rights and assumes all obligations of the European Community. Therefore, references to "the European Community" in the text of the Agreement are, where appropriate, to be read as "the European Union".

BUDGETARY IMPLICATION: this proposal has no implication for the EU budget.

New

PURPOSE: to conclude the EU-Canada Air Transport Agreement.

PROPOSED ACT: Council Decision.

BACKGROUND: the Commission negotiated on behalf of the Community and of the Member States an Agreement on Air Transport with Canada. The Agreement was signed on 17 and 18 December 2009 and applies provisionally subject to its conclusion at a later date.

It is now necessary to approve the Agreement by the Union and its Member States.

IMPACT ASSESSMENT: no impact assessment was carried out.

LEGAL BASIS: Article 100(2), in conjunction with Article 218(6)(a)(v) and the first subparagraph of Article 218(8) of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: by this Decision, the Agreement on Air Transport between the European Community and its Member States, of the one part, and Canada, of the other part, is hereby approved on behalf of the Union. For details of the content of the Agreement, please refer to the summary of the previous initial legislative document dated 17/02/2009.

Termination of the Agreement: procedural arrangements have been laid down in the Agreement for deciding, if appropriate, how to terminate the Agreement and a decision to withdraw such notice, shall be taken by the Council, on behalf of the Union and of the Member States, acting unanimously on the basis of a Commission proposal.

Joint Committee: it also lays down appropriate procedural arrangements for the participation of the Union and the Member States in the Joint Committee set up under Article 17 of the Agreement and in the dispute settlement procedures provided for in Article 21 of the Agreement, as well as for implementing certain provisions of the Agreement concerning security and safety.

It should be noted that as a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community and from that date exercises all rights and assumes all obligations of the European Community. Therefore, references to "the European Community" in the text of the Agreement are, where appropriate, to be read as "the European Union".

BUDGETARY IMPLICATION: this proposal has no implication for the EU budget.

activities/6/docs/0/text/0 changed
Old

PURPOSE: to conclude the EU-Canada Air Transport Agreement.

PROPOSED ACT: Council Decision.

BACKGROUND: the Commission negotiated on behalf of the Community and of the Member States an Agreement on Air Transport with Canada. The Agreement was signed on 17 and 18 December 2009 and applies provisionally subject to its conclusion at a later date.

It is now necessary to approve the Agreement by the Union and its Member States.

IMPACT ASSESSMENT: no impact assessment was carried out.

LEGAL BASIS: Article 100(2), in conjunction with Article 218(6)(a)(v) and the first subparagraph of Article 218(8) of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: by this Decision, the Agreement on Air Transport between the European Community and its Member States, of the one part, and Canada, of the other part, is hereby approved on behalf of the Union. For details of the content of the Agreement, please refer to the summary of the previous initial legislative document dated 17/02/2009.

Termination of the Agreement: procedural arrangements have been laid down in the Agreement for deciding, if appropriate, how to terminate the Agreement and a decision to withdraw such notice, shall be taken by the Council, on behalf of the Union and of the Member States, acting unanimously on the basis of a Commission proposal.

Joint Committee: it also lays down appropriate procedural arrangements for the participation of the Union and the Member States in the Joint Committee set up under Article 17 of the Agreement and in the dispute settlement procedures provided for in Article 21 of the Agreement, as well as for implementing certain provisions of the Agreement concerning security and safety.

It should be noted that as a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community and from that date exercises all rights and assumes all obligations of the European Community. Therefore, references to "the European Community" in the text of the Agreement are, where appropriate, to be read as "the European Union".

BUDGETARY IMPLICATION: this proposal has no implication for the EU budget.

New

PURPOSE: to conclude the EU-Canada Air Transport Agreement.

PROPOSED ACT: Council Decision.

BACKGROUND: the Commission negotiated on behalf of the Community and of the Member States an Agreement on Air Transport with Canada. The Agreement was signed on 17 and 18 December 2009 and applies provisionally subject to its conclusion at a later date.

It is now necessary to approve the Agreement by the Union and its Member States.

IMPACT ASSESSMENT: no impact assessment was carried out.

LEGAL BASIS: Article 100(2), in conjunction with Article 218(6)(a)(v) and the first subparagraph of Article 218(8) of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: by this Decision, the Agreement on Air Transport between the European Community and its Member States, of the one part, and Canada, of the other part, is hereby approved on behalf of the Union. For details of the content of the Agreement, please refer to the summary of the previous initial legislative document dated 17/02/2009.

Termination of the Agreement: procedural arrangements have been laid down in the Agreement for deciding, if appropriate, how to terminate the Agreement and a decision to withdraw such notice, shall be taken by the Council, on behalf of the Union and of the Member States, acting unanimously on the basis of a Commission proposal.

Joint Committee: it also lays down appropriate procedural arrangements for the participation of the Union and the Member States in the Joint Committee set up under Article 17 of the Agreement and in the dispute settlement procedures provided for in Article 21 of the Agreement, as well as for implementing certain provisions of the Agreement concerning security and safety.

It should be noted that as a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community and from that date exercises all rights and assumes all obligations of the European Community. Therefore, references to "the European Community" in the text of the Agreement are, where appropriate, to be read as "the European Union".

BUDGETARY IMPLICATION: this proposal has no implication for the EU budget.

activities/11/docs/0/text/0 changed
Old

The European Parliament adopted a legislative resolution on the draft decision of the Council and of the Representatives of the Governments of the Member States of the European Union, meeting within the Council on the conclusion of the Agreement on Air Transport between the European Community and its Member States, of the one part, and Canada, of the other part.

Parliament gives its consent to the conclusion of the Agreement.

New

The European Parliament adopted a legislative resolution on the draft decision of the Council and of the Representatives of the Governments of the Member States of the European Union, meeting within the Council on the conclusion of the Agreement on Air Transport between the European Community and its Member States, of the one part, and Canada, of the other part.

Parliament gives its consent to the conclusion of the Agreement.

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