BETA


2005/0161(CNS) EC/Morocco 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-a1, EC Treaty (after Amsterdam) EC 300-p3-a1

Events

2008/03/29
   Final act published in Official Journal
Details

PURPOSE: to conclude an Agreement between the EC and Morocco on certain aspects of air services.

LEGISLATIVE PROPOSAL: Council Decision (2008/274/EC) on the conclusion of the Agreement between the European Community and the Kingdom of Morocco on certain aspects of air services.

CONTENT: to recall, the Council authorised the Commission to open negotiations with the Kingdom of Morocco on certain aspects of air services, following a number of cases in which the European Court of Justice ruled that the Community has exclusive competence with respect to various aspects of external aviation policy. 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. A provisional Agreement was applied in 2006.

The purpose of this Council Decision is to conclude and approve the Agreement. The Agreement with Morocco replaces certain provisions in the existing bilateral air services agreements between Member States and Morocco.

Article 2 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 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). Article 5 (Tariffs) 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.

2008/03/17
   EP/CSL - Act adopted by Council after consultation of Parliament
2008/03/17
   EP - End of procedure in Parliament
2008/03/17
   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
2006/04/12
   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
2006/01/24
   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 Kingdom of Morocco on certain aspects of air services.

2005/09/12
   EP - COSTA Paolo (ALDE) appointed as rapporteur in TRAN
2005/08/26
   EC - Legislative proposal
Details

PURPOSE : to conclude an Agreement between the EC and Morocco 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 them. However, following the judgments of the Court of Justice in certain recent cases (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 policy. The Court of Justice has 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 Commission has negotiated an Agreement with Morocco that replaces certain provisions in the existing bilateral air services agreements between Member States and Morocco:

-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).

-Article 5 (Tariffs) 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 provisional application and on the conclusion of the Agreement and to designate the persons authorised to sign the Agreement on behalf of the Community.

2005/08/25
   EC - Legislative proposal published
Details

PURPOSE : to conclude an Agreement between the EC and Morocco 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 them. However, following the judgments of the Court of Justice in certain recent cases (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 policy. The Court of Justice has 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 Commission has negotiated an Agreement with Morocco that replaces certain provisions in the existing bilateral air services agreements between Member States and Morocco:

-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).

-Article 5 (Tariffs) 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 provisional application and on the conclusion of the Agreement and to designate the persons authorised 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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2005-08-26T00:00:00
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New
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New
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Committee referral announced in Parliament
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Old
http://www.europarl.europa.eu/doceo/document/A-6-2006-0125_EN.html
New
https://www.europarl.europa.eu/doceo/document/A-6-2006-0125_EN.html
events/5
date
2006-05-16T00:00:00
type
Decision by Parliament
body
EP
docs
url: https://www.europarl.europa.eu/doceo/document/TA-6-2006-0193_EN.html title: T6-0193/2006
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-6-2006-0193_EN.html title: T6-0193/2006
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
associated
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committee_full
Transport and Tourism
committee
TRAN
rapporteur
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committees/0
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TRAN
date
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docs/1/docs/0/url
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New
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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=A6-2006-125&language=EN
New
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events/5/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2006-193
New
http://www.europarl.europa.eu/doceo/document/TA-6-2006-0193_EN.html
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commission
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TRAN
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committees/0
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council
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docs
  • date: 2005-10-27T00:00:00 docs: title: PE364.818 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=A6-2006-125&language=EN title: A6-0125/2006 type: Committee report tabled for plenary, 1st reading/single reading body: EP
events
  • date: 2005-08-26T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2005/0393/COM_COM(2005)0393_EN.pdf title: COM(2005)0393 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2005&nu_doc=393 title: EUR-Lex summary: PURPOSE : to conclude an Agreement between the EC and Morocco 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 them. However, following the judgments of the Court of Justice in certain recent cases (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 policy. The Court of Justice has 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 Commission has negotiated an Agreement with Morocco that replaces certain provisions in the existing bilateral air services agreements between Member States and Morocco: -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). -Article 5 (Tariffs) 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 provisional application and on the conclusion of the Agreement and to designate the persons authorised to sign the Agreement on behalf of the Community.
  • date: 2006-01-24T00:00:00 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 Kingdom of Morocco 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=A6-2006-125&language=EN title: A6-0125/2006
  • 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=4654&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-2006-193 title: T6-0193/2006 summary: The European Parliament adopted a resolution drafted by Paolo COSTA (ALDE, IT), and approved the conclusion of the Agreement.
  • date: 2008-03-17T00:00:00 type: Act adopted by Council after consultation of Parliament body: EP/CSL
  • date: 2008-03-17T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2008-03-29T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to conclude an Agreement between the EC and Morocco on certain aspects of air services. LEGISLATIVE PROPOSAL: Council Decision (2008/274/EC) on the conclusion of the Agreement between the European Community and the Kingdom of Morocco on certain aspects of air services. CONTENT: to recall, the Council authorised the Commission to open negotiations with the Kingdom of Morocco on certain aspects of air services, following a number of cases in which the European Court of Justice ruled that the Community has exclusive competence with respect to various aspects of external aviation policy. 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. A provisional Agreement was applied in 2006. The purpose of this Council Decision is to conclude and approve the Agreement. The Agreement with Morocco replaces certain provisions in the existing bilateral air services agreements between Member States and Morocco. Article 2 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 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). Article 5 (Tariffs) 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. docs: title: Decision 2008/274 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32008D0274 title: OJ L 087 29.03.2008, p. 0009 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2008:087:TOC
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  • 3.20.15.02 Air transport agreements and cooperation
New
3.20.15.02
Air transport agreements and cooperation
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links/European Commission/title
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PreLex
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EUR-Lex
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  • date: 2006-01-24T00:00:00 body: EP committees: body: EP responsible: True committee: TRAN date: 2005-09-12T00:00:00 committee_full: Transport and Tourism rapporteur: group: ALDE name: COSTA Paolo type: Vote in committee, 1st reading/single reading
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  • date: 2008-03-29T00:00:00 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=32008D0274 title: Decision 2008/274 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2008:087:TOC title: OJ L 087 29.03.2008, p. 0009
committees
  • body: EP responsible: True committee: TRAN date: 2005-09-12T00:00:00 committee_full: Transport and Tourism rapporteur: group: ALDE name: COSTA Paolo
links
European Commission
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  • body: EC dg: Energy and Transport commissioner: BARROT Jacques
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Morocco
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2005/0161(CNS)
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Decision
legal_basis
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Procedure completed
subtype
Legislation
title
EC/Morocco 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