BETA


2005/0060(CNS) EC/Bulgaria agreement: air services, replacing the bilateral agreements by a Community agreement

Progress: Procedure lapsed or withdrawn

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

2010/09/18
   EC - Proposal withdrawn by Commission
2006/05/24
   Final act published in Official Journal
2005/11/08
   EP/CSL - Act adopted by Council after consultation of Parliament
2005/11/08
   CSL - Council Meeting
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.

2005/06/09
   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 Bulgaria 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 Bulgaria 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 Bulgaria 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 Bulgaria 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)

docs/0
date
2005-04-22T00:00:00
docs
summary
type
Legislative proposal
body
EC
docs/0
date
2005-07-07T00:00:00
docs
title: PE360.244
type
Committee draft report
body
EP
events/0
date
2005-04-21T00:00:00
type
Legislative proposal published
body
EC
docs
summary
events/0
date
2005-04-22T00:00:00
type
Legislative proposal published
body
EC
docs
summary
docs/1/docs/0/url
Old
http://www.europarl.europa.eu/doceo/document/A-6-2005-0258_EN.html
New
https://www.europarl.europa.eu/doceo/document/A-6-2005-0258_EN.html
docs/2/docs/0/url
Old
http://www.europarl.europa.eu/doceo/document/TA-6-2005-0343_EN.html
New
https://www.europarl.europa.eu/doceo/document/TA-6-2005-0343_EN.html
events/1/type
Old
Committee referral announced in Parliament, 1st reading/single reading
New
Committee referral announced in Parliament
events/2/type
Old
Vote in committee, 1st reading/single reading
New
Vote in committee
events/3/docs/0/url
Old
http://www.europarl.europa.eu/doceo/document/A-6-2005-0258_EN.html
New
https://www.europarl.europa.eu/doceo/document/A-6-2005-0258_EN.html
events/5
date
2005-09-27T00:00:00
type
Decision by Parliament
body
EP
docs
url: https://www.europarl.europa.eu/doceo/document/TA-6-2005-0343_EN.html title: T6-0343/2005
summary
The European Parliament adopted a resolution drafted by Paolo COSTA (ALDE, IT), and approved conclusion of the agreement.
events/5
date
2005-09-27T00:00:00
type
Decision by Parliament, 1st reading/single reading
body
EP
docs
url: http://www.europarl.europa.eu/doceo/document/TA-6-2005-0343_EN.html title: T6-0343/2005
summary
The European Parliament adopted a resolution drafted by Paolo COSTA (ALDE, IT), and approved conclusion of the agreement.
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Transport and Tourism
committee
TRAN
rapporteur
name: COSTA Paolo date: 2005-05-24T00:00:00 group: Alliance of Liberals and Democrats for Europe abbr: ALDE
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Transport and Tourism
committee
TRAN
date
2005-05-24T00:00:00
rapporteur
name: COSTA Paolo group: Alliance of Liberals and Democrats for Europe abbr: ALDE
docs/1/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2005-258&language=EN
New
http://www.europarl.europa.eu/doceo/document/A-6-2005-0258_EN.html
docs/2/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2005-343
New
http://www.europarl.europa.eu/doceo/document/TA-6-2005-0343_EN.html
events/3/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2005-258&language=EN
New
http://www.europarl.europa.eu/doceo/document/A-6-2005-0258_EN.html
events/5/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2005-343
New
http://www.europarl.europa.eu/doceo/document/TA-6-2005-0343_EN.html
activities
  • date: 2005-04-22T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2005/0158/COM_COM(2005)0158_EN.pdf title: COM(2005)0158 type: Legislative proposal published celexid: CELEX:52005PC0158(02):EN body: EC commission: DG: Energy and Transport type: Legislative proposal published
  • date: 2005-06-09T00:00:00 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=A6-2005-258&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A6-0258/2005 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=4222&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-2005-343 type: Decision by Parliament, 1st reading/single reading title: T6-0343/2005 body: EP type: Results of vote in Parliament
  • date: 2005-11-08T00:00:00 body: CSL type: Council Meeting council: Economic and Financial Affairs ECOFIN meeting_id: 2688
  • date: 2005-11-08T00:00:00 body: EP/CSL type: Act adopted by Council after consultation of Parliament
  • date: 2006-05-24T00:00:00 type: Final act published in Official Journal
  • date: 2010-09-18T00:00:00 body: EC commission: DG: Energy and Transport type: Proposal withdrawn by Commission
commission
  • body: EC dg: Energy and Transport commissioner: --
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Transport and Tourism
committee
TRAN
date
2005-05-24T00:00:00
rapporteur
name: COSTA Paolo group: Alliance of Liberals and Democrats for Europe abbr: ALDE
committees/0
body
EP
responsible
True
committee
TRAN
date
2005-05-24T00:00:00
committee_full
Transport and Tourism
rapporteur
group: ALDE name: COSTA Paolo
council
  • body: CSL type: Council Meeting council: Economic and Financial Affairs ECOFIN meeting_id: 2688 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=2688*&MEET_DATE=08/11/2005 date: 2005-11-08T00:00:00
docs
  • date: 2005-07-07T00:00:00 docs: title: PE360.244 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=A6-2005-258&language=EN title: A6-0258/2005 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-2005-343 title: T6-0343/2005 url: https://eur-lex.europa.eu/JOHtml.do?uri=OJ:C:2006:227E:SOM:EN:HTML title: OJ C 227 21.09.2006, p. 0017-0039 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/2005/0158/COM_COM(2005)0158_EN.pdf title: COM(2005)0158 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2005&nu_doc=158 title: EUR-Lex summary: PURPOSE: to sign and conclude the Agreement between the European Community and Bulgaria 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 Bulgaria 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: 2005-06-09T00:00:00 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=A6-2005-258&language=EN title: A6-0258/2005
  • 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=4222&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-2005-343 title: T6-0343/2005 summary: The European Parliament adopted a resolution drafted by Paolo COSTA (ALDE, IT), and approved conclusion of the agreement.
  • date: 2005-11-08T00:00:00 type: Act adopted by Council after consultation of Parliament body: EP/CSL
  • date: 2006-05-24T00:00:00 type: Final act published in Official Journal
  • date: 2010-09-18T00:00:00 type: Proposal withdrawn by Commission body: EC summary:
other
  • body: EC dg: Energy and Transport
procedure/dossier_of_the_committee
Old
TRAN/6/27806
New
  • TRAN/6/27806
procedure/subject
Old
  • 3.20.15.02 Air transport agreements and cooperation
New
3.20.15.02
Air transport agreements and cooperation
activities/0/docs/0/url
Old
http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2005/0158/COM_COM(2005)0158_EN.pdf
New
http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2005/0158/COM_COM(2005)0158_EN.pdf
links/European Commission/title
Old
PreLex
New
EUR-Lex
activities
  • date: 2005-04-22T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2005/0158/COM_COM(2005)0158_EN.pdf celexid: CELEX:52005PC0158(02):EN type: Legislative proposal published title: COM(2005)0158 type: Legislative proposal published body: EC commission: DG: Energy and Transport
  • date: 2005-06-09T00:00:00 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=A6-2005-258&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A6-0258/2005 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=4222&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-2005-343 type: Decision by Parliament, 1st reading/single reading title: T6-0343/2005 body: EP type: Results of vote in Parliament
  • date: 2005-11-08T00:00:00 body: CSL type: Council Meeting council: Economic and Financial Affairs ECOFIN meeting_id: 2688
  • date: 2005-11-08T00:00:00 body: EP/CSL type: Act adopted by Council after consultation of Parliament
  • date: 2006-05-24T00:00:00 type: Final act published in Official Journal
  • date: 2010-09-18T00:00:00 type: Proposal withdrawn by Commission body: EC commission: DG: Energy and Transport
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
other
  • body: EC dg: Energy and Transport
procedure
dossier_of_the_committee
TRAN/6/27806
geographical_area
Bulgaria
reference
2005/0060(CNS)
instrument
Decision
legal_basis
stage_reached
Procedure lapsed or withdrawn
subtype
International agreement
title
EC/Bulgaria agreement: air services, replacing the bilateral agreements by a Community agreement
type
CNS - Consultation procedure
subject
3.20.15.02 Air transport agreements and cooperation