{"change_dates":[],"dossier":{"amendments":[],"changes":{"2014-11-10T01:45:41":[{"data":[{"body":"EC","commission":[{"Commissioner":"KALLAS Siim","DG":{"title":"Mobility and Transport","url":"http://ec.europa.eu/dgs/transport/index_en.htm"}}],"date":"2006-04-21T00:00:00","docs":[{"celexid":"CELEX:52006PC0169(02):EN","text":["
PURPOSE: to\n sign a provisional application of the Air Transport Agreement between the\n European Community and its Member States and the US and to conclude an Air\n Transport Agreement between the same parties.
PROPOSED ACT:\n Decision of the Council and of the Representatives of the Governments of the Member States of the European Union, meeting within the Council.
CONTENT: in\n June 2003, the European Community and its Member States were given a mandate\n to negotiate an Agreement with the United States of America for an “Air\n Transport Agreement”. The mandate was given following rulings by the European\n Court of Justice in November 2002 which stated that existing bi-lateral\n arrangements in the air transport sector were incompatible with EU law.\n Currently, there are twenty separate Agreements in place governing the laws\n and provisions of air operations between Europe and the US.
The objective\n of the negotiations, therefore, was the establishment of an “Open Aviation\n Area” (OOA) between the EU and US. The idea being to create a single market\n for air transport between the EU and US in which EU and US airlines would be\n able to provide air services without any restriction and which would include\n the domestic markets of both parties. Given the wide-ranging implications of\n such an Agreement, most notably the requirement for the US to remove restrictions on foreign legal ownership and control of US airlines cabotage, the\n Agreement became a politically sensitive issue for the US government. To address this problem both parties have agreed to a staggered implementation of the\n Agreement. At the same time, however, there is an implicit understanding that\n mechanisms should be put in place which allow the Agreement to become more\n complete.
As a first\n stage, the EU has accepted that cabotage will not be included in the first\n Agreement. The EU has made clear to the US that this would only be acceptable\n if meaningful progress can be made towards the removal of restrictions on\n ownership and control of US airlines. As such the Council has stated that it\n will take particular notice of progress made by the US Department of\n Transportations and its pledge to re-interpret the statutory requirement that\n US airlines can only be under the “actual control” of US citizens.
In other\n words, the adoption of this Decision by the Council will be subject to US adoption of rules deemed to constitute clear, meaningful and robust changes to the US’ policy vis-à-vis foreign ownership of its commercial air fleet. Depending on the speed\n with which the US confirms its commitment to re-assessing its current\n statutes, signature of the Agreement could take place in the first half of\n 2006.
The Agreement\n represents a comprehensive first-stage agreement that will replace the\n existing bilateral agreements concluded by the Member States with the United States. It removes all existing restrictions on the rights of both Community air\n carriers and Unites States air carriers to operate between points in the\n European Community and points in the United States. Further, the Agreement\n established provisions which allow Community air carriers uniform conditions\n for market access; it establishes new arrangements for regulatory\n co-operation between the European Community and the United States and it establishes provisions essential to the safe, secure and efficient operation\n of transatlantic air services.
There will be\n strengthened co-operation in matters concerning aviation security and\n aviation safety and there will be new arrangement for co-operation between\n the EU-US Competition authorities concerning the application of their\n respective competition regimes affecting the transatlantic market. All of the\n terms will simultaneously apply to the 25 EU Member States who will apply the\n same rules without discrimination and in a uniform manner. In return,\n Community air carriers will be able to access commercial opportunities, which\n Member States, acting individually, have been unable to secure. In short,\n adoption of the proposed Agreement will help enact one of the main objectives\n of the negotiations, namely the creation of a level playing field between all\n the EU and US air carriers, complemented by tight regulatory rules.
The proposal\n has no implications for the Community budget.
\nThe Council\n emphasised the importance it attaches to concluding a historic first-stage\n EU/US air transport agreement that would establish an open market based on\n principles of fair competition. It reaffirmed its unanimous satisfaction with\n the draft EU/US air transport agreement resulting from the negotiations in\n November 2005, while noting that it would await the outcome of the US rulemaking\n process in relation to the control of US air carriers by foreign nationals\n before deciding whether to proceed with the agreement.
The Council stressed\n the crucial importance of clear, meaningful and robust policy changes in this\n area and noted that the US process has been extended and looks forward to\n reaching a conclusion in the second half of 2006, following its assessment of\n the US rule.
\nThe Council was\n informed by Vice-President Barrot of the latest state of play regarding the negotiations\n on the Air Transport Agreement with the US, following a delay in the adoption\n of the rules on control of US airlines.
The Council\n referred to the results of the EU-US Transatlantic Summit in Vienna on 21 June 2006, after the last meeting of the Transport Council on 9 June, where EU\n and US leaders agreed to redouble their efforts to conclude a first-stage Air\n Transport Agreement by the end of 2006.
The Council\n underlined the importance it attached to the conclusion of an historic EU-US\n air transport agreement. It reaffirmed its unanimous satisfaction with the\n text of the draft agreement negotiated in November 2005 but regretted the\n further delay in the US reform on control of U.S. air carriers, which it\n considered an essential element before proceeding with the agreement. The\n results must be absolutely clear, meaningful and robust.
Several\n delegations expressed particular concerns regarding the implications of this\n delay and that the existing agreements do not ensure a level playing field.
The Council\n requested the Commission to continue its efforts, on the basis of further\n contacts with the United States, to secure a satisfactory and balanced\n outcome with the necessary safeguards, including the transitional provisions,\n in preparation for the December Council and in accordance with the EU-US\n Summit conclusions.
\nThe Council welcomes\n the results of the negotiations between the European Community and its Member\n States and the United States of America on a first stage comprehensive air\n services agreement. It the agreement which will be endorsed at the\n forthcoming EU-US Summit on 30 April in Washington.
The Council\n also reiterates its ultimate objective of a fully liberalised open aviation\n area covering the EU and the US in accordance with the mandate agreed by the\n Council in June 2003. It underlines the importance of reaching a second stage\n agreement in order to pursue the benefits of liberalisation on both sides of\n the Atlantic. It calls upon the Commission to engage robustly with the United\n States Government so as to secure this goal as quickly as possible.
The Council\n instructs COREPER to proceed without delay with the necessary formalities for\n the signature of the agreement. In this respect, the Council confirms that:
a) the\n provisional application of the agreement will take place from 30 March 2008.\n The Commission was asked to secure agreement of the United States to confirm their agreement to reflect this;
b) if no Stage\n 2 agreement has been reached within 12 months of the start of the review\n mentioned in Article 21 (3), any Member State may notify to the Commission which\n traffic rights in relation to its own territory it wishes to suspend. Such\n traffic rights may not include any rights specified in the agreements\n mentioned in Annex 1 to the Agreement. The President of the Council on behalf\n of the EC and its Member States shall then give notice of the suspension of\n such rights to the US in accordance with Article 21 (3).
However, the\n Council, acting by unanimity on a proposal from the Commission, may decide\n not to give notice of suspension or subsequently to withdraw it.
The Commission\n is invited to draw up provisions to that effect for insertion in the draft\n Council Decisions on signature and conclusion of the EU-US air transport\n agreement.
\nThe Committee\n on Transport and Tourism adopted\n a report drafted by Saïd EL KHADRAOUI (PES, BE), and approved the proposal for a decision of the Council and Member States of\n the EU, on the conclusion of the Air Transport Agreement between the EC and\n its Member States, and the United States of America.
\nThe European\n Parliament adopted a resolution drafted by Saïd EL KHADRAOUI (PSE, BE)\n by 513 votes in favour to 15 against, and 35 abstentions, and approved the\n proposal for a decision of the Council and Member States of the EU, on the\n conclusion of the Air Transport Agreement between the EC and its Member\n States, and the United States of America.
\nThe Lisbon\n Treaty, which entered into force on 1 December 2009, amended the EU's two\n core treaties, the Treaty on European Union (TEU) and the Treaty establishing\n the European Community (EC Treaty). The latter was renamed the Treaty on the\n Functioning of the European Union (TFEU).
These changes\n had various consequences for many ongoing procedures. First of all, the\n articles of the TEU and of the old EC Treaty that constitute the legal basis\n of all the proposals founded on those Treaties were renumbered in\n accordance with the table of equivalences mentioned in Article 5 of the\n Lisbon Treaty.
In addition,\n some proposals underwent a change to their legal basis going beyond a mere\n change to their numbering, and this resulted in changes to the type of\n procedure.
The Lisbon\n Treaty also introduced new concepts of decision-making procedure. The\n old \"codecision procedure\" was extended to new areas and renamed\n the \"ordinary legislative procedure\". A new \"consent procedure\"\n replaced the old \"assent procedure\". New interinstitutional\n procedures were also set up for the adoption of certain non-legislative acts,\n for example the conclusion of some international agreements.
The ongoing\n proposals concerned by these changes were formally modified by the Commission\n in a Communication published on 2 December 2009 (COM(2009)0665).
In the case of\n the proposal for a Decision of the Council and the Representatives of the\n Governments of the Member States of the European Union, meeting within the\n Council on the conclusion of the Air Transport Agreement between the European\n Community and its Member States, on the one hand, and the United States of\n America, on the other hand, the entry into force of the Lisbon Treaty had\n the following impacts:
· \n the old legal basis – Treaty/EC/Art.80(2), Art.300(2) first para and (3). – became\n Art 100(2), Art 218 (6)(a) of the TFEU. Please note that the numbering of\n the old legal basis corresponds to the consolidated version of the Treaty\n that was applicable immediately before the entry into force of the Lisbon\n Treaty, and may differ from the references in the original Commission\n proposal;
· \n the proposal, which had previously fallen\n under the old consultation procedure (CNS), was classified as an\n interinstitutional non-legislative procedure (NLE).
\nThis proposal modifies the initial proposal of the\nCommission, with a view notably to take account of the entry\ninto force of the Treaty of Lisbon. In order to ease\nexamination by the Council, the whole of the relevant text is\nsubmitted as amended proposal.
\nThe proposal calls for the approval on behalf of the\nUnion, of the Air Transport Agreement between the European\nCommunity and its Member States, of the one part, and the United\nStates of America, of the other part. The references to the\nEuropean Community in the text of the Agreement are, where\nappropriate, to be read as to the European Union\".
\nThe Agreement was signed on 25 and 30 April 2007. It\nwas intended, inter alia, to facilitate the expansion of\ninternational air transport opportunities by opening access to\nmarkets and maximising benefits for consumers, airlines, workers\nand communities on both sides of the Atlantic ocean.
\nAs regards the EU side, both the Union and its Member\nStates are Parties to this Agreement. The ratification process has\nbeen completed by the Member States in 2014. Croatia will accede to\nthe Agreement in accordance with the procedure provided for in the\nAct concerning the conditions of accession of Croatia to the\nEU.
\nPURPOSE: to conclude, on behalf of the European Union,\nthe Air Transport Agreement between the European Community and its\nMember States, of the one part, and the United States of America,\nof the other part.
\nPROPOSED ACT: Council Decision.
\nROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the\nact only if Parliament has given its consent to the\nact.
\nBACKGROUND: the Council decided, in particular to take\naccount of the entry into force of the Lisbon Treaty, to consult\nonce again the European Parliament on the amending legislative\nproposal on the conclusion on behalf of the European Union of the\nAir Transport Agreement between the European Community and its\nMember States, of the one part, and the United States of America,\nof the other part.
\nThe Commission negotiated, on behalf of the European\nCommunity and of the Member States, the Air Transport Agreement\nbetween the European Community and its Member States, of the one\npart, and the United States of America, of the other part, in\naccordance with the Council Decision authorising the Commission to\nopen negotiations.
\nThe Agreement was signed on 25 and 30 April 2007, and\nhas been applied provisionally since 30 March 2008. Croatia will\naccede to the Agreement in accordance with the procedure laid down\nin the Act of Accession annexed to the Treaty of\nAccession.
\nCONTENT: the draft Council decision seeks the\napproval, on behalf of the Union, of the Air Transport Agreement\nbetween the European Community and its Member States, of the one\npart, and the United States of America, of the other\npart.
\nThe Agreement aims to\nfacilitate the expansion of international air transport\nopportunities by opening access to markets and maximising benefits\nfor consumers, airlines, workers and communities on both sides of\nthe Atlantic ocean.
\nThe Council\n emphasised the importance it attaches to concluding a historic first-stage\n EU/US air transport agreement that would establish an open market based on\n principles of fair competition. It reaffirmed its unanimous satisfaction with\n the draft EU/US air transport agreement resulting from the negotiations in\n November 2005, while noting that it would await the outcome of the US rulemaking\n process in relation to the control of US air carriers by foreign nationals\n before deciding whether to proceed with the agreement.
The Council stressed\n the crucial importance of clear, meaningful and robust policy changes in this\n area and noted that the US process has been extended and looks forward to\n reaching a conclusion in the second half of 2006, following its assessment of\n the US rule.
\nThe Council\n emphasised the importance it attaches to concluding a historic first-stage\n EU/US air transport agreement that would establish an open market based on\n principles of fair competition. It reaffirmed its unanimous satisfaction with\n the draft EU/US air transport agreement resulting from the negotiations in\n November 2005, while noting that it would await the outcome of the US rulemaking\n process in relation to the control of US air carriers by foreign nationals\n before deciding whether to proceed with the agreement.
The Council stressed\n the crucial importance of clear, meaningful and robust policy changes in this\n area and noted that the US process has been extended and looks forward to\n reaching a conclusion in the second half of 2006, following its assessment of\n the US rule.
\nThe Council was\n informed by Vice-President Barrot of the latest state of play regarding the negotiations\n on the Air Transport Agreement with the US, following a delay in the adoption\n of the rules on control of US airlines.
The Council\n referred to the results of the EU-US Transatlantic Summit in Vienna on 21 June 2006, after the last meeting of the Transport Council on 9 June, where EU\n and US leaders agreed to redouble their efforts to conclude a first-stage Air\n Transport Agreement by the end of 2006.
The Council\n underlined the importance it attached to the conclusion of an historic EU-US\n air transport agreement. It reaffirmed its unanimous satisfaction with the\n text of the draft agreement negotiated in November 2005 but regretted the\n further delay in the US reform on control of U.S. air carriers, which it\n considered an essential element before proceeding with the agreement. The\n results must be absolutely clear, meaningful and robust.
Several\n delegations expressed particular concerns regarding the implications of this\n delay and that the existing agreements do not ensure a level playing field.
The Council\n requested the Commission to continue its efforts, on the basis of further\n contacts with the United States, to secure a satisfactory and balanced\n outcome with the necessary safeguards, including the transitional provisions,\n in preparation for the December Council and in accordance with the EU-US\n Summit conclusions.
\nThe Council was\n informed by Vice-President Barrot of the latest state of play regarding the negotiations\n on the Air Transport Agreement with the US, following a delay in the adoption\n of the rules on control of US airlines.
The Council\n referred to the results of the EU-US Transatlantic Summit in Vienna on 21 June 2006, after the last meeting of the Transport Council on 9 June, where EU\n and US leaders agreed to redouble their efforts to conclude a first-stage Air\n Transport Agreement by the end of 2006.
The Council\n underlined the importance it attached to the conclusion of an historic EU-US\n air transport agreement. It reaffirmed its unanimous satisfaction with the\n text of the draft agreement negotiated in November 2005 but regretted the\n further delay in the US reform on control of U.S. air carriers, which it\n considered an essential element before proceeding with the agreement. The\n results must be absolutely clear, meaningful and robust.
Several\n delegations expressed particular concerns regarding the implications of this\n delay and that the existing agreements do not ensure a level playing field.
The Council\n requested the Commission to continue its efforts, on the basis of further\n contacts with the United States, to secure a satisfactory and balanced\n outcome with the necessary safeguards, including the transitional provisions,\n in preparation for the December Council and in accordance with the EU-US\n Summit conclusions.
\nThe Committee on Transport and Tourism adopted the\nreport by Theresa GRIFFIN (S&D, UK) on the draft Council\ndecision on the conclusion on behalf of the European Union of the\nAir Transport Agreement between the European Community and its\nMember States, of the one part, and the United States of America,\nof the other part.
\nThe committee recommended that Parliament give its\nconsent to the conclusion of the agreement.
\nAs stated in the explanatory memorandum accompanying\nthe draft recommendation, the so-called \"first stage agreement\" was\nsigned on 25 and 30 April 2007 and has been applied on a\nprovisional basis since 30 March 2008. Parliament gave its consent\nto the conclusion of the agreement on 11 October 2007.
\nThe ratification process of the agreement was\ncompleted by all the Member States, with the exception of Bulgaria,\nRomania and Croatia, in November 2014.
\nIn October 2015, the Commission presented an amended\nproposal for a Council decision on the conclusion of the agreement,\nin order to take account of the entry into force of the Treaty of\nLisbon and the fact that Bulgaria, Croatia and Romania had become\nEU Member States in the meantime.
\nThe draft decision submitted for approval by\nParliament includes the legal modifications required by the\nEuropean Court of Justice case law established in its judgment of\n28 April 2015.
\nIn July 2017, the EU and the USA celebrated the 10\nYears Anniversary of the EU-US Air Transport Agreement. It is\nwidely seen as a great achievement. The transatlantic market today\ntotals 55 million passengers, this is 6.4 million more passengers\nand 52 more city-pairs being served than 10 years ago.
\nThe United States and the European Union are still\ntoday the most developed aviation markets.
\nHowever, it should be noted that the combined share of\npassengers carried through EU and US airports has gone down from\n61% of total world passengers in 2000 to 38% in 2015. This reflects\nthe changing nature of aviation markets and the need for ever\ncloser cooperation in international aviation.
\nThe European Parliament adopted by 571 votes to 44,\nwith 35 abstentions, a legislative resolution on the draft Council\ndecision on the conclusion on behalf of the European Union of the\nAir Transport Agreement between the European Community and its\nMember States, of the one part, and the United States of America,\nof the other part.
\nIn line with the recommendation made by its Committee\non Transport and Tourism, Parliament gave its consent to the\nconclusion of the Agreement.
\nThe Agreement aims to facilitate the expansion of\ninternational air transport opportunities by opening access to\nmarkets and maximising benefits for consumers, airlines, workers\nand communities on both sides of the Atlantic ocean.
\nThe Council\n emphasised the importance it attaches to concluding a historic first-stage\n EU/US air transport agreement that would establish an open market based on\n principles of fair competition. It reaffirmed its unanimous satisfaction with\n the draft EU/US air transport agreement resulting from the negotiations in\n November 2005, while noting that it would await the outcome of the US rulemaking\n process in relation to the control of US air carriers by foreign nationals\n before deciding whether to proceed with the agreement.
The Council stressed\n the crucial importance of clear, meaningful and robust policy changes in this\n area and noted that the US process has been extended and looks forward to\n reaching a conclusion in the second half of 2006, following its assessment of\n the US rule.
\nThe Committee on Transport and Tourism adopted the\nreport by Theresa GRIFFIN (S&D, UK) on the draft Council\ndecision on the conclusion on behalf of the European Union of the\nAir Transport Agreement between the European Community and its\nMember States, of the one part, and the United States of America,\nof the other part.
\nThe committee recommended that Parliament give its\nconsent to the conclusion of the agreement.
\nAs stated in the explanatory memorandum accompanying\nthe draft recommendation, the so-called \"first stage agreement\" was\nsigned on 25 and 30 April 2007 and has been applied on a\nprovisional basis since 30 March 2008. Parliament gave its consent\nto the conclusion of the agreement on 11 October 2007.
\nThe ratification process of the agreement was\ncompleted by all the Member States, with the exception of Bulgaria,\nRomania and Croatia, in November 2014.
\nIn October 2015, the Commission presented an amended\nproposal for a Council decision on the conclusion of the agreement,\nin order to take account of the entry into force of the Treaty of\nLisbon and the fact that Bulgaria, Croatia and Romania had become\nEU Member States in the meantime.
\nThe draft decision submitted for approval by\nParliament includes the legal modifications required by the\nEuropean Court of Justice case law established in its judgment of\n28 April 2015.
\nIn July 2017, the EU and the USA celebrated the 10\nYears Anniversary of the EU-US Air Transport Agreement. It is\nwidely seen as a great achievement. The transatlantic market today\ntotals 55 million passengers, this is 6.4 million more passengers\nand 52 more city-pairs being served than 10 years ago.
\nThe United States and the European Union are still\ntoday the most developed aviation markets.
\nHowever, it should be noted that the combined share of\npassengers carried through EU and US airports has gone down from\n61% of total world passengers in 2000 to 38% in 2015. This reflects\nthe changing nature of aviation markets and the need for ever\ncloser cooperation in international aviation.
\nThe Council was\n informed by Vice-President Barrot of the latest state of play regarding the negotiations\n on the Air Transport Agreement with the US, following a delay in the adoption\n of the rules on control of US airlines.
The Council\n referred to the results of the EU-US Transatlantic Summit in Vienna on 21 June 2006, after the last meeting of the Transport Council on 9 June, where EU\n and US leaders agreed to redouble their efforts to conclude a first-stage Air\n Transport Agreement by the end of 2006.
The Council\n underlined the importance it attached to the conclusion of an historic EU-US\n air transport agreement. It reaffirmed its unanimous satisfaction with the\n text of the draft agreement negotiated in November 2005 but regretted the\n further delay in the US reform on control of U.S. air carriers, which it\n considered an essential element before proceeding with the agreement. The\n results must be absolutely clear, meaningful and robust.
Several\n delegations expressed particular concerns regarding the implications of this\n delay and that the existing agreements do not ensure a level playing field.
The Council\n requested the Commission to continue its efforts, on the basis of further\n contacts with the United States, to secure a satisfactory and balanced\n outcome with the necessary safeguards, including the transitional provisions,\n in preparation for the December Council and in accordance with the EU-US\n Summit conclusions.
\nThe Council was\n informed by Vice-President Barrot of the latest state of play regarding the negotiations\n on the Air Transport Agreement with the US, following a delay in the adoption\n of the rules on control of US airlines.
The Council\n referred to the results of the EU-US Transatlantic Summit in Vienna on 21 June 2006, after the last meeting of the Transport Council on 9 June, where EU\n and US leaders agreed to redouble their efforts to conclude a first-stage Air\n Transport Agreement by the end of 2006.
The Council\n underlined the importance it attached to the conclusion of an historic EU-US\n air transport agreement. It reaffirmed its unanimous satisfaction with the\n text of the draft agreement negotiated in November 2005 but regretted the\n further delay in the US reform on control of U.S. air carriers, which it\n considered an essential element before proceeding with the agreement. The\n results must be absolutely clear, meaningful and robust.
Several\n delegations expressed particular concerns regarding the implications of this\n delay and that the existing agreements do not ensure a level playing field.
The Council\n requested the Commission to continue its efforts, on the basis of further\n contacts with the United States, to secure a satisfactory and balanced\n outcome with the necessary safeguards, including the transitional provisions,\n in preparation for the December Council and in accordance with the EU-US\n Summit conclusions.
\nThe Committee on Transport and Tourism adopted the\nreport by Theresa GRIFFIN (S&D, UK) on the draft Council\ndecision on the conclusion on behalf of the European Union of the\nAir Transport Agreement between the European Community and its\nMember States, of the one part, and the United States of America,\nof the other part.
\nThe committee recommended that Parliament give its\nconsent to the conclusion of the agreement.
\nAs stated in the explanatory memorandum accompanying\nthe draft recommendation, the so-called \"first stage agreement\" was\nsigned on 25 and 30 April 2007 and has been applied on a\nprovisional basis since 30 March 2008. Parliament gave its consent\nto the conclusion of the agreement on 11 October 2007.
\nThe ratification process of the agreement was\ncompleted by all the Member States, with the exception of Bulgaria,\nRomania and Croatia, in November 2014.
\nIn October 2015, the Commission presented an amended\nproposal for a Council decision on the conclusion of the agreement,\nin order to take account of the entry into force of the Treaty of\nLisbon and the fact that Bulgaria, Croatia and Romania had become\nEU Member States in the meantime.
\nThe draft decision submitted for approval by\nParliament includes the legal modifications required by the\nEuropean Court of Justice case law established in its judgment of\n28 April 2015.
\nIn July 2017, the EU and the USA celebrated the 10\nYears Anniversary of the EU-US Air Transport Agreement. It is\nwidely seen as a great achievement. The transatlantic market today\ntotals 55 million passengers, this is 6.4 million more passengers\nand 52 more city-pairs being served than 10 years ago.
\nThe United States and the European Union are still\ntoday the most developed aviation markets.
\nHowever, it should be noted that the combined share of\npassengers carried through EU and US airports has gone down from\n61% of total world passengers in 2000 to 38% in 2015. This reflects\nthe changing nature of aviation markets and the need for ever\ncloser cooperation in international aviation.
\nThe Council\n emphasised the importance it attaches to concluding a historic first-stage\n EU/US air transport agreement that would establish an open market based on\n principles of fair competition. It reaffirmed its unanimous satisfaction with\n the draft EU/US air transport agreement resulting from the negotiations in\n November 2005, while noting that it would await the outcome of the US rulemaking\n process in relation to the control of US air carriers by foreign nationals\n before deciding whether to proceed with the agreement.
The Council stressed\n the crucial importance of clear, meaningful and robust policy changes in this\n area and noted that the US process has been extended and looks forward to\n reaching a conclusion in the second half of 2006, following its assessment of\n the US rule.
\nPURPOSE: to\n sign a provisional application of the Air Transport Agreement between the\n European Community and its Member States and the US and to conclude an Air\n Transport Agreement between the same parties.
PROPOSED ACT:\n Decision of the Council and of the Representatives of the Governments of the Member States of the European Union, meeting within the Council.
CONTENT: in\n June 2003, the European Community and its Member States were given a mandate\n to negotiate an Agreement with the United States of America for an “Air\n Transport Agreement”. The mandate was given following rulings by the European\n Court of Justice in November 2002 which stated that existing bi-lateral\n arrangements in the air transport sector were incompatible with EU law.\n Currently, there are twenty separate Agreements in place governing the laws\n and provisions of air operations between Europe and the US.
The objective\n of the negotiations, therefore, was the establishment of an “Open Aviation\n Area” (OOA) between the EU and US. The idea being to create a single market\n for air transport between the EU and US in which EU and US airlines would be\n able to provide air services without any restriction and which would include\n the domestic markets of both parties. Given the wide-ranging implications of\n such an Agreement, most notably the requirement for the US to remove restrictions on foreign legal ownership and control of US airlines cabotage, the\n Agreement became a politically sensitive issue for the US government. To address this problem both parties have agreed to a staggered implementation of the\n Agreement. At the same time, however, there is an implicit understanding that\n mechanisms should be put in place which allow the Agreement to become more\n complete.
As a first\n stage, the EU has accepted that cabotage will not be included in the first\n Agreement. The EU has made clear to the US that this would only be acceptable\n if meaningful progress can be made towards the removal of restrictions on\n ownership and control of US airlines. As such the Council has stated that it\n will take particular notice of progress made by the US Department of\n Transportations and its pledge to re-interpret the statutory requirement that\n US airlines can only be under the “actual control” of US citizens.
In other\n words, the adoption of this Decision by the Council will be subject to US adoption of rules deemed to constitute clear, meaningful and robust changes to the US’ policy vis-à-vis foreign ownership of its commercial air fleet. Depending on the speed\n with which the US confirms its commitment to re-assessing its current\n statutes, signature of the Agreement could take place in the first half of\n 2006.
The Agreement\n represents a comprehensive first-stage agreement that will replace the\n existing bilateral agreements concluded by the Member States with the United States. It removes all existing restrictions on the rights of both Community air\n carriers and Unites States air carriers to operate between points in the\n European Community and points in the United States. Further, the Agreement\n established provisions which allow Community air carriers uniform conditions\n for market access; it establishes new arrangements for regulatory\n co-operation between the European Community and the United States and it establishes provisions essential to the safe, secure and efficient operation\n of transatlantic air services.
There will be\n strengthened co-operation in matters concerning aviation security and\n aviation safety and there will be new arrangement for co-operation between\n the EU-US Competition authorities concerning the application of their\n respective competition regimes affecting the transatlantic market. All of the\n terms will simultaneously apply to the 25 EU Member States who will apply the\n same rules without discrimination and in a uniform manner. In return,\n Community air carriers will be able to access commercial opportunities, which\n Member States, acting individually, have been unable to secure. In short,\n adoption of the proposed Agreement will help enact one of the main objectives\n of the negotiations, namely the creation of a level playing field between all\n the EU and US air carriers, complemented by tight regulatory rules.
The proposal\n has no implications for the Community budget.
\nThe Council\n emphasised the importance it attaches to concluding a historic first-stage\n EU/US air transport agreement that would establish an open market based on\n principles of fair competition. It reaffirmed its unanimous satisfaction with\n the draft EU/US air transport agreement resulting from the negotiations in\n November 2005, while noting that it would await the outcome of the US rulemaking\n process in relation to the control of US air carriers by foreign nationals\n before deciding whether to proceed with the agreement.
The Council stressed\n the crucial importance of clear, meaningful and robust policy changes in this\n area and noted that the US process has been extended and looks forward to\n reaching a conclusion in the second half of 2006, following its assessment of\n the US rule.
\nThe Council was\n informed by Vice-President Barrot of the latest state of play regarding the negotiations\n on the Air Transport Agreement with the US, following a delay in the adoption\n of the rules on control of US airlines.
The Council\n referred to the results of the EU-US Transatlantic Summit in Vienna on 21 June 2006, after the last meeting of the Transport Council on 9 June, where EU\n and US leaders agreed to redouble their efforts to conclude a first-stage Air\n Transport Agreement by the end of 2006.
The Council\n underlined the importance it attached to the conclusion of an historic EU-US\n air transport agreement. It reaffirmed its unanimous satisfaction with the\n text of the draft agreement negotiated in November 2005 but regretted the\n further delay in the US reform on control of U.S. air carriers, which it\n considered an essential element before proceeding with the agreement. The\n results must be absolutely clear, meaningful and robust.
Several\n delegations expressed particular concerns regarding the implications of this\n delay and that the existing agreements do not ensure a level playing field.
The Council\n requested the Commission to continue its efforts, on the basis of further\n contacts with the United States, to secure a satisfactory and balanced\n outcome with the necessary safeguards, including the transitional provisions,\n in preparation for the December Council and in accordance with the EU-US\n Summit conclusions.
\nThe Council welcomes\n the results of the negotiations between the European Community and its Member\n States and the United States of America on a first stage comprehensive air\n services agreement. It the agreement which will be endorsed at the\n forthcoming EU-US Summit on 30 April in Washington.
The Council\n also reiterates its ultimate objective of a fully liberalised open aviation\n area covering the EU and the US in accordance with the mandate agreed by the\n Council in June 2003. It underlines the importance of reaching a second stage\n agreement in order to pursue the benefits of liberalisation on both sides of\n the Atlantic. It calls upon the Commission to engage robustly with the United\n States Government so as to secure this goal as quickly as possible.
The Council\n instructs COREPER to proceed without delay with the necessary formalities for\n the signature of the agreement. In this respect, the Council confirms that:
a) the\n provisional application of the agreement will take place from 30 March 2008.\n The Commission was asked to secure agreement of the United States to confirm their agreement to reflect this;
b) if no Stage\n 2 agreement has been reached within 12 months of the start of the review\n mentioned in Article 21 (3), any Member State may notify to the Commission which\n traffic rights in relation to its own territory it wishes to suspend. Such\n traffic rights may not include any rights specified in the agreements\n mentioned in Annex 1 to the Agreement. The President of the Council on behalf\n of the EC and its Member States shall then give notice of the suspension of\n such rights to the US in accordance with Article 21 (3).
However, the\n Council, acting by unanimity on a proposal from the Commission, may decide\n not to give notice of suspension or subsequently to withdraw it.
The Commission\n is invited to draw up provisions to that effect for insertion in the draft\n Council Decisions on signature and conclusion of the EU-US air transport\n agreement.
\nThe Committee\n on Transport and Tourism adopted\n a report drafted by Saïd EL KHADRAOUI (PES, BE), and approved the proposal for a decision of the Council and Member States of\n the EU, on the conclusion of the Air Transport Agreement between the EC and\n its Member States, and the United States of America.
\nThe European\n Parliament adopted a resolution drafted by Saïd EL KHADRAOUI (PSE, BE)\n by 513 votes in favour to 15 against, and 35 abstentions, and approved the\n proposal for a decision of the Council and Member States of the EU, on the\n conclusion of the Air Transport Agreement between the EC and its Member\n States, and the United States of America.
\nThe Lisbon\n Treaty, which entered into force on 1 December 2009, amended the EU's two\n core treaties, the Treaty on European Union (TEU) and the Treaty establishing\n the European Community (EC Treaty). The latter was renamed the Treaty on the\n Functioning of the European Union (TFEU).
These changes\n had various consequences for many ongoing procedures. First of all, the\n articles of the TEU and of the old EC Treaty that constitute the legal basis\n of all the proposals founded on those Treaties were renumbered in\n accordance with the table of equivalences mentioned in Article 5 of the\n Lisbon Treaty.
In addition,\n some proposals underwent a change to their legal basis going beyond a mere\n change to their numbering, and this resulted in changes to the type of\n procedure.
The Lisbon\n Treaty also introduced new concepts of decision-making procedure. The\n old \"codecision procedure\" was extended to new areas and renamed\n the \"ordinary legislative procedure\". A new \"consent procedure\"\n replaced the old \"assent procedure\". New interinstitutional\n procedures were also set up for the adoption of certain non-legislative acts,\n for example the conclusion of some international agreements.
The ongoing\n proposals concerned by these changes were formally modified by the Commission\n in a Communication published on 2 December 2009 (COM(2009)0665).
In the case of\n the proposal for a Decision of the Council and the Representatives of the\n Governments of the Member States of the European Union, meeting within the\n Council on the conclusion of the Air Transport Agreement between the European\n Community and its Member States, on the one hand, and the United States of\n America, on the other hand, the entry into force of the Lisbon Treaty had\n the following impacts:
· \n the old legal basis – Treaty/EC/Art.80(2), Art.300(2) first para and (3). – became\n Art 100(2), Art 218 (6)(a) of the TFEU. Please note that the numbering of\n the old legal basis corresponds to the consolidated version of the Treaty\n that was applicable immediately before the entry into force of the Lisbon\n Treaty, and may differ from the references in the original Commission\n proposal;
· \n the proposal, which had previously fallen\n under the old consultation procedure (CNS), was classified as an\n interinstitutional non-legislative procedure (NLE).
\nThis proposal modifies the initial proposal of the\nCommission, with a view notably to take account of the entry\ninto force of the Treaty of Lisbon. In order to ease\nexamination by the Council, the whole of the relevant text is\nsubmitted as amended proposal.
\nThe proposal calls for the approval on behalf of the\nUnion, of the Air Transport Agreement between the European\nCommunity and its Member States, of the one part, and the United\nStates of America, of the other part. The references to the\nEuropean Community in the text of the Agreement are, where\nappropriate, to be read as to the European Union\".
\nThe Agreement was signed on 25 and 30 April 2007. It\nwas intended, inter alia, to facilitate the expansion of\ninternational air transport opportunities by opening access to\nmarkets and maximising benefits for consumers, airlines, workers\nand communities on both sides of the Atlantic ocean.
\nAs regards the EU side, both the Union and its Member\nStates are Parties to this Agreement. The ratification process has\nbeen completed by the Member States in 2014. Croatia will accede to\nthe Agreement in accordance with the procedure provided for in the\nAct concerning the conditions of accession of Croatia to the\nEU.
\nPURPOSE: to conclude, on behalf of the European Union,\nthe Air Transport Agreement between the European Community and its\nMember States, of the one part, and the United States of America,\nof the other part.
\nPROPOSED ACT: Council Decision.
\nROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the\nact only if Parliament has given its consent to the\nact.
\nBACKGROUND: the Council decided, in particular to take\naccount of the entry into force of the Lisbon Treaty, to consult\nonce again the European Parliament on the amending legislative\nproposal on the conclusion on behalf of the European Union of the\nAir Transport Agreement between the European Community and its\nMember States, of the one part, and the United States of America,\nof the other part.
\nThe Commission negotiated, on behalf of the European\nCommunity and of the Member States, the Air Transport Agreement\nbetween the European Community and its Member States, of the one\npart, and the United States of America, of the other part, in\naccordance with the Council Decision authorising the Commission to\nopen negotiations.
\nThe Agreement was signed on 25 and 30 April 2007, and\nhas been applied provisionally since 30 March 2008. Croatia will\naccede to the Agreement in accordance with the procedure laid down\nin the Act of Accession annexed to the Treaty of\nAccession.
\nCONTENT: the draft Council decision seeks the\napproval, on behalf of the Union, of the Air Transport Agreement\nbetween the European Community and its Member States, of the one\npart, and the United States of America, of the other\npart.
\nThe Agreement aims to\nfacilitate the expansion of international air transport\nopportunities by opening access to markets and maximising benefits\nfor consumers, airlines, workers and communities on both sides of\nthe Atlantic ocean.
\nThe Committee on Transport and Tourism adopted the\nreport by Theresa GRIFFIN (S&D, UK) on the draft Council\ndecision on the conclusion on behalf of the European Union of the\nAir Transport Agreement between the European Community and its\nMember States, of the one part, and the United States of America,\nof the other part.
\nThe committee recommended that Parliament give its\nconsent to the conclusion of the agreement.
\nAs stated in the explanatory memorandum accompanying\nthe draft recommendation, the so-called \"first stage agreement\" was\nsigned on 25 and 30 April 2007 and has been applied on a\nprovisional basis since 30 March 2008. Parliament gave its consent\nto the conclusion of the agreement on 11 October 2007.
\nThe ratification process of the agreement was\ncompleted by all the Member States, with the exception of Bulgaria,\nRomania and Croatia, in November 2014.
\nIn October 2015, the Commission presented an amended\nproposal for a Council decision on the conclusion of the agreement,\nin order to take account of the entry into force of the Treaty of\nLisbon and the fact that Bulgaria, Croatia and Romania had become\nEU Member States in the meantime.
\nThe draft decision submitted for approval by\nParliament includes the legal modifications required by the\nEuropean Court of Justice case law established in its judgment of\n28 April 2015.
\nIn July 2017, the EU and the USA celebrated the 10\nYears Anniversary of the EU-US Air Transport Agreement. It is\nwidely seen as a great achievement. The transatlantic market today\ntotals 55 million passengers, this is 6.4 million more passengers\nand 52 more city-pairs being served than 10 years ago.
\nThe United States and the European Union are still\ntoday the most developed aviation markets.
\nHowever, it should be noted that the combined share of\npassengers carried through EU and US airports has gone down from\n61% of total world passengers in 2000 to 38% in 2015. This reflects\nthe changing nature of aviation markets and the need for ever\ncloser cooperation in international aviation.
\nThe European Parliament adopted by 571 votes to 44,\nwith 35 abstentions, a legislative resolution on the draft Council\ndecision on the conclusion on behalf of the European Union of the\nAir Transport Agreement between the European Community and its\nMember States, of the one part, and the United States of America,\nof the other part.
\nIn line with the recommendation made by its Committee\non Transport and Tourism, Parliament gave its consent to the\nconclusion of the Agreement.
\nThe Agreement aims to facilitate the expansion of\ninternational air transport opportunities by opening access to\nmarkets and maximising benefits for consumers, airlines, workers\nand communities on both sides of the Atlantic ocean.
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