BETA


2005/0141(NLE) EC/Serbia and Montenegro 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Progress: Procedure lapsed or withdrawn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:
TFEU 100-p2, TFEU 218-p6a

Events

2015/03/07
   EC - Proposal withdrawn by Commission
2009/12/02
   all - Additional information
Details

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 Council Decision on the conclusion of the Agreement between the European Community and Serbia and Montenegro on certain aspects of air services, the entry into force of the Lisbon Treaty had the following impacts :

· the old legal basis – Treaty/EC/Art.80(2), Art. 300(2) – 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).

2006/05/16
   EP - Results of vote in Parliament
2006/05/16
   EP - Decision by Parliament
Details

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

Documents
2006/04/12
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2006/04/12
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2006/04/06
   EP - Committee referral announced in Parliament
2006/03/27
   CSL - Council Meeting
2005/11/22
   EP - Vote in committee
Details

The committee adopted the report by its chair, Paolo COSTA (ALDE, IT), approving the conclusion of the Agreement between the European Community and Serbia and Montenegro on certain aspects of air services.

2005/08/29
   EP - COSTA Paolo (ALDE) appointed as rapporteur in TRAN
2005/07/29
   EC - Legislative proposal
Details

PURPOSE : to conclude the agreement between the EC and Serbia and Montenegro on certain aspects of air services and to designate the persons authorized to sign the agreement on behalf of the Community.

PROPOSED ACT : Council Decision.

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

Following the judgements of the Court of Justice of the European Communities in the 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 judgements, 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. Accordingly, the Commission has negotiated an agreement with Serbia and Montenegro that replaces certain provisions in the existing bilateral air services agreements between Member States and Serbia and Montenegro.

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 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 provisional application and on the conclusion of the agreement.

2005/07/28
   EC - Legislative proposal published
Details

PURPOSE : to conclude the agreement between the EC and Serbia and Montenegro on certain aspects of air services and to designate the persons authorized to sign the agreement on behalf of the Community.

PROPOSED ACT : Council Decision.

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

Following the judgements of the Court of Justice of the European Communities in the 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 judgements, 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. Accordingly, the Commission has negotiated an agreement with Serbia and Montenegro that replaces certain provisions in the existing bilateral air services agreements between Member States and Serbia and Montenegro.

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 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 provisional application and on the conclusion of the agreement.

Documents

History

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

docs/0
date
2005-07-29T00:00:00
docs
summary
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New
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Old
Vote in committee, 1st reading/single reading
New
Vote in committee
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Old
Committee referral announced in Parliament, 1st reading/single reading
New
Committee referral announced in Parliament
events/3/docs/0/url
Old
http://www.europarl.europa.eu/doceo/document/A-6-2006-0126_EN.html
New
https://www.europarl.europa.eu/doceo/document/A-6-2006-0126_EN.html
events/5
date
2006-05-16T00:00:00
type
Decision by Parliament
body
EP
docs
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summary
The European Parliament adopted a resolution drafted by Paolo COSTA (ALDE, IT), and approved the conclusion of the Agreement.
events/5
date
2006-05-16T00:00:00
type
Decision by Parliament, 1st reading/single reading
body
EP
docs
url: http://www.europarl.europa.eu/doceo/document/TA-6-2006-0189_EN.html title: T6-0189/2006
summary
The European Parliament adopted a resolution drafted by Paolo COSTA (ALDE, IT), and approved the conclusion of the Agreement.
committees/0
type
Responsible Committee
body
EP
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False
committee_full
Transport and Tourism
committee
TRAN
rapporteur
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TRAN
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docs/1/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2006-126&language=EN
New
http://www.europarl.europa.eu/doceo/document/A-6-2006-0126_EN.html
events/0/docs/0/url
Old
http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2005/0353/COM_COM(2005)0353_EN.pdf
New
http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2005/0353/COM_COM(2005)0353_EN.pdf
events/3/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2006-126&language=EN
New
http://www.europarl.europa.eu/doceo/document/A-6-2006-0126_EN.html
events/5/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2006-189
New
http://www.europarl.europa.eu/doceo/document/TA-6-2006-0189_EN.html
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  • date: 2005-11-22T00:00:00 body: EP committees: body: EP responsible: True committee: TRAN date: 2005-08-29T00:00:00 committee_full: Transport and Tourism rapporteur: group: ALDE name: COSTA Paolo type: Vote in committee, 1st reading/single reading
  • date: 2006-03-27T00:00:00 body: CSL type: Council Meeting council: Transport, Telecommunications and Energy meeting_id: 2721
  • date: 2006-04-06T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: True committee: TRAN date: 2005-08-29T00:00:00 committee_full: Transport and Tourism rapporteur: group: ALDE name: COSTA Paolo
  • date: 2006-04-12T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2006-126&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A6-0126/2006 body: EP committees: body: EP responsible: True committee: TRAN date: 2005-08-29T00:00:00 committee_full: Transport and Tourism rapporteur: group: ALDE name: COSTA Paolo type: Committee report tabled for plenary, 1st reading/single reading
  • date: 2006-05-16T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=4649&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-2006-189 type: Decision by Parliament, 1st reading/single reading title: T6-0189/2006 body: EP type: Results of vote in Parliament
  • date: 2009-12-02T00:00:00 body: all type: Additional information
  • date: 2015-03-07T00:00:00 body: EC type: Proposal withdrawn by Commission commission: DG: url: http://ec.europa.eu/dgs/transport/index_en.htm title: Mobility and Transport Commissioner: KALLAS Siim
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  • body: EC dg: Mobility and Transport commissioner: KALLAS Siim
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  • body: CSL type: Council Meeting council: Transport, Telecommunications and Energy meeting_id: 2721 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=2721*&MEET_DATE=27/03/2006 date: 2006-03-27T00:00:00
docs
  • date: 2005-10-27T00:00:00 docs: title: PE364.790 type: Committee draft report body: EP
  • date: 2006-04-12T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2006-126&language=EN title: A6-0126/2006 type: Committee report tabled for plenary, 1st reading/single reading body: EP
events
  • date: 2005-07-29T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2005/0353/COM_COM(2005)0353_EN.pdf title: COM(2005)0353 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2005&nu_doc=353 title: EUR-Lex summary: PURPOSE : to conclude the agreement between the EC and Serbia and Montenegro on certain aspects of air services and to designate the persons authorized to sign the agreement on behalf of the Community. PROPOSED ACT : Council Decision. CONTENT : International aviation relations between Member States and third countries have been traditionally governed by bilateral air services agreements, their Annexes and other related bilateral or multilateral arrangements. Following the judgements of the Court of Justice of the European Communities in the 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 judgements, 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. Accordingly, the Commission has negotiated an agreement with Serbia and Montenegro that replaces certain provisions in the existing bilateral air services agreements between Member States and Serbia and Montenegro. 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 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 provisional application and on the conclusion of the agreement.
  • date: 2005-11-22T00:00:00 type: Vote in committee, 1st reading/single reading body: EP summary: The committee adopted the report by its chair, Paolo COSTA (ALDE, IT), approving the conclusion of the Agreement between the European Community and Serbia and Montenegro on certain aspects of air services.
  • date: 2006-04-06T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2006-04-12T00:00:00 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=A6-2006-126&language=EN title: A6-0126/2006
  • date: 2006-05-16T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=4649&l=en title: Results of vote in Parliament
  • date: 2006-05-16T00:00:00 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-2006-189 title: T6-0189/2006 summary: The European Parliament adopted a resolution drafted by Paolo COSTA (ALDE, IT), and approved the conclusion of the Agreement.
  • date: 2009-12-02T00:00:00 type: Additional information body: all summary: 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 Council Decision on the conclusion of the Agreement between the European Community and Serbia and Montenegro on certain aspects of air services, the entry into force of the Lisbon Treaty had the following impacts : · the old legal basis – Treaty/EC/Art.80(2), Art. 300(2) – 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).
  • date: 2015-03-07T00:00:00 type: Proposal withdrawn by Commission body: EC
links
other
  • body: EC dg: url: http://ec.europa.eu/dgs/transport/index_en.htm title: Mobility and Transport commissioner: KALLAS Siim
procedure/dossier_of_the_committee
Old
TRAN/6/29789
New
  • TRAN/6/29789
procedure/subject
Old
  • 3.20.15.02 Air transport agreements and cooperation
New
3.20.15.02
Air transport agreements and cooperation
activities/7
date
2015-03-07T00:00:00
body
EC
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Proposal withdrawn by Commission
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  • date: 2005-07-29T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2005/0353/COM_COM(2005)0353_EN.pdf celexid: CELEX:52005PC0353(02):EN type: Legislative proposal published title: COM(2005)0353 type: Legislative proposal published body: EC commission: DG: url: http://ec.europa.eu/dgs/transport/index_en.htm title: Mobility and Transport Commissioner: KALLAS Siim
  • date: 2005-11-22T00:00:00 body: EP committees: body: EP responsible: True committee: TRAN date: 2005-08-29T00:00:00 committee_full: Transport and Tourism rapporteur: group: ALDE name: COSTA Paolo type: Vote in committee, 1st reading/single reading
  • date: 2006-03-27T00:00:00 body: CSL type: Council Meeting council: Transport, Telecommunications and Energy meeting_id: 2721
  • date: 2006-04-06T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: True committee: TRAN date: 2005-08-29T00:00:00 committee_full: Transport and Tourism rapporteur: group: ALDE name: COSTA Paolo
  • date: 2006-04-12T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2006-126&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A6-0126/2006 body: EP committees: body: EP responsible: True committee: TRAN date: 2005-08-29T00:00:00 committee_full: Transport and Tourism rapporteur: group: ALDE name: COSTA Paolo type: Committee report tabled for plenary, 1st reading/single reading
  • date: 2006-05-16T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=4649&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-2006-189 type: Decision by Parliament, 1st reading/single reading title: T6-0189/2006 body: EP type: Results of vote in Parliament
  • date: 2009-12-02T00:00:00 body: all type: Additional information
committees
  • body: EP responsible: True committee: TRAN date: 2005-08-29T00:00:00 committee_full: Transport and Tourism rapporteur: group: ALDE name: COSTA Paolo
links
other
  • body: EC dg: url: http://ec.europa.eu/dgs/transport/index_en.htm title: Mobility and Transport commissioner: KALLAS Siim
procedure
dossier_of_the_committee
TRAN/6/29789
geographical_area
Serbia and Montenegro, until 02/2003
reference
2005/0141(NLE)
instrument
Decision
legal_basis
stage_reached
Awaiting final decision
subtype
Consent by Parliament
title
EC/Serbia and Montenegro agreement: air services, replacing the bilateral agreements by a Community agreement
type
NLE - Non-legislative enactments
subject
3.20.15.02 Air transport agreements and cooperation