PURPOSE: to conclude the Agreement between the European Community and the Eastern Republic of Uruguay on certain aspects of air services.

LEGISLATIVE ACT: Council Decision 2008/192/EC on the conclusion of the Agreement between the European Community and the Eastern Republic of Uruguay 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 Uruguay 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.

The European Parliament adopted the resolution drafted by Paolo COSTA (ALDE, IT), and approved the conclusion of the agreement between the EC and Uruguay on certain aspects of air services.

The committee adopted the report by its chairman, Paolo COSTA (ALDE, IT), approving - under the consultation procedure - the conclusion of the agreement between the EC and the Oriental Republic of Uruguay on certain aspects of air services.

PURPOSE: the signature and conclusion of an Agreement between the EU and the Oriental Republic of Uruguay on certain aspects of air services.

PROPOSED ACT: Council Decision.

CONTENT: following a number of ECJ rulings in which the Court found in favour of the Commission regarding the EU’s exclusive competence with respect to external aviation, the Council instructed the Commission to open negotiations with third countries on the replacement of certain provisions in existing bi-lateral agreements. This forms the basis of the present proposal. Since June 2003, the Commission has been negotiating an agreement with the Oriental Republic of Uruguay in order to replace certain provisions in existing bilateral air services agreements between the Member States and Uruguay.

Article 2 of the proposed Agreement replaces the traditional designation clauses with a Community designation clause thereby allowing all Community carriers to benefit from the right of establishment. Articles 4 and 5 of the Agreement address two types of clauses relating to matters of Community responsibility such as aviation fuel taxation and pricing. Article 5 on pricing resolves conflicts between existing bilateral air services agreement 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.

To conclude, the Council is asked to approve the decisions on the signature and provisional application and on the conclusion of the Agreement between the European Community and the Oriental Republic of Uruguay on certain aspects of air services and to designate the persons authorised to sign the Agreement on behalf of the Community.

PURPOSE: the signature and conclusion of an Agreement between the EU and the Oriental Republic of Uruguay on certain aspects of air services.

PROPOSED ACT: Council Decision.

CONTENT: following a number of ECJ rulings in which the Court found in favour of the Commission regarding the EU’s exclusive competence with respect to external aviation, the Council instructed the Commission to open negotiations with third countries on the replacement of certain provisions in existing bi-lateral agreements. This forms the basis of the present proposal. Since June 2003, the Commission has been negotiating an agreement with the Oriental Republic of Uruguay in order to replace certain provisions in existing bilateral air services agreements between the Member States and Uruguay.

Article 2 of the proposed Agreement replaces the traditional designation clauses with a Community designation clause thereby allowing all Community carriers to benefit from the right of establishment. Articles 4 and 5 of the Agreement address two types of clauses relating to matters of Community responsibility such as aviation fuel taxation and pricing. Article 5 on pricing resolves conflicts between existing bilateral air services agreement 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.

To conclude, the Council is asked to approve the decisions on the signature and provisional application and on the conclusion of the Agreement between the European Community and the Oriental Republic of Uruguay on certain aspects of air services and to designate the persons authorised to sign the Agreement on behalf of the Community.