BETA


2005/0059(CNS) EC/Croatia agreement: air services, replacing the bilateral agreements by a Community agreement

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead TRAN COSTA Paolo (icon: ALDE ALDE)
Lead committee dossier:
Legal Basis:
EC Treaty (after Amsterdam) EC 080-p2, EC Treaty (after Amsterdam) EC 300-p2/3-a1

Events

2008/03/05
   Final act published in Official Journal
Details

PURPOSE: to sign and conclude the Agreement between the European Community and Croatia on certain aspects of air services.

LEGISLATIVE ACT: Council Decision 2008/193/EC on the conclusion of the Agreement between the European Community and the Republic of Croatia 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 Croatia 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.

2008/02/18
   EP/CSL - Act adopted by Council after consultation of Parliament
2008/02/18
   EP - End of procedure in Parliament
2008/02/18
   CSL - Council Meeting
2005/10/25
   EP - Debate in Parliament
2005/09/27
   EP - Text adopted by Parliament, 1st reading/single reading
Details

The European Parliament adopted a resolution drafted by Paolo COSTA (ALDE, IT), and approved conclusion of the agreement.

2005/09/27
   EP - Results of vote in Parliament
2005/09/27
   EP - Decision by Parliament
Details

The European Parliament adopted a resolution drafted by Paolo COSTA (ALDE, IT), and approved conclusion of the agreement.

Documents
2005/09/01
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2005/09/01
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2005/08/30
   EP - Vote in committee
Details

The committee adopted the report by its chairman, Paolo COSTA (ALDE, IT), approving the conclusion of the agreement under the consultation procedure.

2005/06/07
   EP - Committee referral announced in Parliament
2005/05/24
   EP - COSTA Paolo (ALDE) appointed as rapporteur in TRAN
2005/04/22
   EC - Legislative proposal
Details

PURPOSE: to sign and conclude the Agreement between the European Community and Croatia on certain aspects of air services.

PROPOSED ACT: Council Decisions.

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, their Annexes and other related bilateral or multilateral arrangements.

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.

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.

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, the Commission has negotiated an agreement with Croatia that replaces certain provisions in the existing bilateral air services agreements between Member States and this country. 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.

2005/04/21
   EC - Legislative proposal published
Details

PURPOSE: to sign and conclude the Agreement between the European Community and Croatia on certain aspects of air services.

PROPOSED ACT: Council Decisions.

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, their Annexes and other related bilateral or multilateral arrangements.

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.

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.

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, the Commission has negotiated an agreement with Croatia that replaces certain provisions in the existing bilateral air services agreements between Member States and this country. 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.

Documents

History

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

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events/1/type
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Committee referral announced in Parliament, 1st reading/single reading
New
Committee referral announced in Parliament
events/2/type
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New
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events/3/docs/0/url
Old
http://www.europarl.europa.eu/doceo/document/A-6-2005-0259_EN.html
New
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docs
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summary
The European Parliament adopted a resolution drafted by Paolo COSTA (ALDE, IT), and approved conclusion of the agreement.
events/5
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body
EP
docs
url: http://www.europarl.europa.eu/doceo/document/TA-6-2005-0344_EN.html title: T6-0344/2005
summary
The European Parliament adopted a resolution drafted by Paolo COSTA (ALDE, IT), and approved conclusion of the agreement.
events/6/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20051025&type=CRE
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TRAN
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docs/2/docs/0/url
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New
http://www.europarl.europa.eu/doceo/document/TA-6-2005-0344_EN.html
events/0/docs/0/url
Old
http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2005/0159/COM_COM(2005)0159_EN.pdf
New
http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2005/0159/COM_COM(2005)0159_EN.pdf
events/3/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2005-259&language=EN
New
http://www.europarl.europa.eu/doceo/document/A-6-2005-0259_EN.html
events/5/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2005-344
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  • date: 2008-02-18T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2008-02-18T00:00:00 body: EP/CSL type: Act adopted by Council after consultation of Parliament
  • date: 2008-03-05T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32008D0193 title: Decision 2008/193 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2008:060:TOC title: OJ L 060 05.03.2008, p. 0027
commission
  • body: EC dg: Energy and Transport commissioner: --
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Responsible Committee
body
EP
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committee_full
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committee
TRAN
date
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rapporteur
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committees/0
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committee
TRAN
date
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committee_full
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rapporteur
group: ALDE name: COSTA Paolo
council
  • body: CSL type: Council Meeting council: General Affairs meeting_id: 2850 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2850*&MEET_DATE=18/02/2008 date: 2008-02-18T00:00:00
docs
  • date: 2005-07-07T00:00:00 docs: title: PE360.243 type: Committee draft report body: EP
  • date: 2005-09-01T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2005-259&language=EN title: A6-0259/2005 type: Committee report tabled for plenary, 1st reading/single reading body: EP
  • date: 2005-09-27T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2005-344 title: T6-0344/2005 url: https://eur-lex.europa.eu/JOHtml.do?uri=OJ:C:2006:227E:SOM:EN:HTML title: OJ C 227 21.09.2006, p. 0017-0040 E summary: The European Parliament adopted a resolution drafted by Paolo COSTA (ALDE, IT), and approved conclusion of the agreement. type: Text adopted by Parliament, 1st reading/single reading body: EP
events
  • date: 2005-04-22T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2005/0159/COM_COM(2005)0159_EN.pdf title: COM(2005)0159 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2005&nu_doc=159 title: EUR-Lex summary: PURPOSE: to sign and conclude the Agreement between the European Community and Croatia on certain aspects of air services. PROPOSED ACT: Council Decisions. 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, their Annexes and other related bilateral or multilateral arrangements. 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. 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. 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, the Commission has negotiated an agreement with Croatia that replaces certain provisions in the existing bilateral air services agreements between Member States and this country. 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.
  • date: 2005-06-07T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2005-08-30T00:00:00 type: Vote in committee, 1st reading/single reading body: EP summary: The committee adopted the report by its chairman, Paolo COSTA (ALDE, IT), approving the conclusion of the agreement under the consultation procedure.
  • date: 2005-09-01T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2005-259&language=EN title: A6-0259/2005
  • date: 2005-09-27T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=4223&l=en title: Results of vote in Parliament
  • date: 2005-09-27T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2005-344 title: T6-0344/2005 summary: The European Parliament adopted a resolution drafted by Paolo COSTA (ALDE, IT), and approved conclusion of the agreement.
  • date: 2005-10-25T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20051025&type=CRE title: Debate in Parliament
  • date: 2008-02-18T00:00:00 type: Act adopted by Council after consultation of Parliament body: EP/CSL
  • date: 2008-02-18T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2008-03-05T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to sign and conclude the Agreement between the European Community and Croatia on certain aspects of air services. LEGISLATIVE ACT: Council Decision 2008/193/EC on the conclusion of the Agreement between the European Community and the Republic of Croatia 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 Croatia 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. docs: title: Decision 2008/193 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32008D0193 title: OJ L 060 05.03.2008, p. 0027 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2008:060:TOC
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  • 3.20.15.02 Air transport agreements and cooperation
New
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PreLex
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EUR-Lex
activities
  • date: 2005-04-22T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2005/0159/COM_COM(2005)0159_EN.pdf celexid: CELEX:52005PC0159(02):EN type: Legislative proposal published title: COM(2005)0159 type: Legislative proposal published body: EC commission: DG: Energy and Transport
  • date: 2005-06-07T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: True committee: TRAN date: 2005-05-24T00:00:00 committee_full: Transport and Tourism rapporteur: group: ALDE name: COSTA Paolo
  • date: 2005-08-30T00:00:00 body: EP committees: body: EP responsible: True committee: TRAN date: 2005-05-24T00:00:00 committee_full: Transport and Tourism rapporteur: group: ALDE name: COSTA Paolo type: Vote in committee, 1st reading/single reading
  • date: 2005-09-01T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2005-259&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A6-0259/2005 body: EP committees: body: EP responsible: True committee: TRAN date: 2005-05-24T00:00:00 committee_full: Transport and Tourism rapporteur: group: ALDE name: COSTA Paolo type: Committee report tabled for plenary, 1st reading/single reading
  • date: 2005-09-27T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=4223&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2005-344 type: Decision by Parliament, 1st reading/single reading title: T6-0344/2005 body: EP type: Results of vote in Parliament
  • date: 2005-10-25T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20051025&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
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  • date: 2008-02-18T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2008-02-18T00:00:00 body: EP/CSL type: Act adopted by Council after consultation of Parliament
  • date: 2008-03-05T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32008D0193 title: Decision 2008/193 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2008:060:TOC title: OJ L 060 05.03.2008, p. 0027
committees
  • body: EP responsible: True committee: TRAN date: 2005-05-24T00:00:00 committee_full: Transport and Tourism rapporteur: group: ALDE name: COSTA Paolo
links
European Commission
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  • body: EC dg: Energy and Transport
procedure
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TRAN/6/27805
geographical_area
Croatia
reference
2005/0059(CNS)
instrument
Decision
legal_basis
stage_reached
Procedure completed
subtype
International agreement
title
EC/Croatia 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