BETA


2005/0146(CNS) EC/Former Yugoslav Republic of Macedonia FYROM 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 conclude the Agreement between the European Community and the former Yugoslav Republic of Macedonia (FYROM) on certain aspects of air services.

LEGISLATIVE ACT: Council Decision 2008/198/EC on the conclusion of the Agreement between the European Community and the former Yugoslav Republic of Macedonia 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 the FYROM 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
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
2006/04/11
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2006/04/11
   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 the Former Yugoslav Republic of Macedonia (FYROM) 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 European Community and the former Yugoslav Republic of Macedonia (FYROM) on certain aspects of air services.

PROPOSED ACT: Council Decision.

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, the Annexes to such agreements and other related bilateral or multilateral arrangements.

Following the judgments of the Court of Justice of the European Communities in recent 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 judgments, 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 an agreement with the FYROM that replaces certain provisions in the existing bilateral air services agreements between Member States and the FYROM:

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, and in particular Article 14(2) of the Directive. Article 5 (Pricing) resolves conflicts between the existing bilateral air services agreements and Council Regulation No 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 on the conclusion of the Agreement between the EC and the FYROM on certain aspects of air services and to designate the persons authorized to sign the Agreement on behalf of the Community.

2005/07/28
   EC - Legislative proposal published
Details

PURPOSE: to conclude the Agreement between the European Community and the former Yugoslav Republic of Macedonia (FYROM) on certain aspects of air services.

PROPOSED ACT: Council Decision.

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, the Annexes to such agreements and other related bilateral or multilateral arrangements.

Following the judgments of the Court of Justice of the European Communities in recent 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 judgments, 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 an agreement with the FYROM that replaces certain provisions in the existing bilateral air services agreements between Member States and the FYROM:

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, and in particular Article 14(2) of the Directive. Article 5 (Pricing) resolves conflicts between the existing bilateral air services agreements and Council Regulation No 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 on the conclusion of the Agreement between the EC and the FYROM on certain aspects of air services and to designate the persons authorized to sign the Agreement on behalf of the Community.

Documents

History

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

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2006-05-16T00:00:00
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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
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body
EP
docs
url: http://www.europarl.europa.eu/doceo/document/TA-6-2006-0190_EN.html title: T6-0190/2006
summary
The European Parliament adopted a resolution drafted by Paolo COSTA (ALDE, IT), and approved the conclusion of the Agreement.
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TRAN
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events/3/docs/0/url
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http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2006-130&language=EN
New
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events/5/docs/0/url
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commission
  • body: EC dg: Energy and Transport commissioner: BARROT Jacques
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committee
TRAN
date
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rapporteur
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committees/0
body
EP
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committee
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date
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committee_full
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rapporteur
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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
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docs
  • date: 2005-10-27T00:00:00 docs: title: PE364.883 type: Committee draft report body: EP
  • date: 2006-04-11T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2006-130&language=EN title: A6-0130/2006 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/2005/0355/COM_COM(2005)0355_EN.pdf title: COM(2005)0355 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2005&nu_doc=355 title: EUR-Lex summary: PURPOSE: to conclude the Agreement between the European Community and the former Yugoslav Republic of Macedonia (FYROM) on certain aspects of air services. PROPOSED ACT: Council Decision. 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, the Annexes to such agreements and other related bilateral or multilateral arrangements. Following the judgments of the Court of Justice of the European Communities in recent 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 judgments, 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 an agreement with the FYROM that replaces certain provisions in the existing bilateral air services agreements between Member States and the FYROM: 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, and in particular Article 14(2) of the Directive. Article 5 (Pricing) resolves conflicts between the existing bilateral air services agreements and Council Regulation No 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 on the conclusion of the Agreement between the EC and the FYROM on certain aspects of air services and to designate the persons authorized to sign the Agreement on behalf of the Community.
  • 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 the Former Yugoslav Republic of Macedonia (FYROM) 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: 2006-04-11T00:00:00 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=A6-2006-130&language=EN title: A6-0130/2006
  • 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=4650&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-2006-190 title: T6-0190/2006 summary: The European Parliament adopted a resolution drafted by Paolo COSTA (ALDE, IT), and approved the conclusion of the Agreement.
  • 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 conclude the Agreement between the European Community and the former Yugoslav Republic of Macedonia (FYROM) on certain aspects of air services. LEGISLATIVE ACT: Council Decision 2008/198/EC on the conclusion of the Agreement between the European Community and the former Yugoslav Republic of Macedonia 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 the FYROM 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 2008/198 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32008D0198 title: OJ L 060 05.03.2008, p. 0032 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2008:060:TOC
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Former Yugoslav Republic of Macedonia
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Former Yugoslav Republic of Macedonia (FYROM)
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  • 3.20.15.02 Air transport agreements and cooperation
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PreLex
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EUR-Lex
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Former Yugoslav Republic of Macedonia, FYROM
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Former Yugoslav Republic of Macedonia (FYROM)
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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
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  • date: 2008-02-18T00:00:00 body: EP type: End of procedure in Parliament
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  • 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=32008D0198 title: Decision 2008/198 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2008:060:TOC title: OJ L 060 05.03.2008, p. 0032
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
European Commission
other
  • body: CSL type: Council Meeting council: Former Council configuration
  • body: EC dg: Energy and Transport commissioner: BARROT Jacques
procedure
dossier_of_the_committee
TRAN/6/29790
geographical_area
Former Yugoslav Republic of Macedonia, FYROM
reference
2005/0146(CNS)
subtype
International agreement
legal_basis
stage_reached
Procedure completed
instrument
Decision
title
EC/Former Yugoslav Republic of Macedonia FYROM 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