PURPOSE: to conclude the Agreement between the European Union and the Government of the Socialist Republic of Viet Nam on certain aspects of air services.

NON-LEGISLATIVE ACT: Council Decision 2011/285/EU on the conclusion of the Agreement between the European Union and the Government of the Socialist Republic of Vietnam on certain aspects of air services.

CONTENT: by its Decision of 5 June 2003, the Council authorised the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with an agreement at Union level.

On behalf of the Union, the Commission has negotiated an Agreement with the Government of the Socialist Republic of Vietnam on certain aspects of air services in accordance with the mechanisms and directives in the Annex to the Decision of 5 June 2003.

The Agreement was signed on behalf of the Union, subject to its possible conclusion at a later date.

With this Decision, the Agreement between the European Union and the Government of the Socialist Republic of Vietnam on certain aspects of air services is hereby approved on behalf of the Union.

ENTRY INTO FORCE: 12/05/2011.

The European Parliament adopted a legislative resolution on the draft Council decision on the conclusion of the Agreement between the European Union and the Government of the Socialist Republic of Viet Nam on certain aspects of air services.

Parliament gives its consent to the conclusion of the Agreement.

The Committee on Transport and Tourism adopted the report drafted by Dominique RIQUET (EPP, FR) in which it recommends the European to give its consent to the conclusion of the Agreement between the European Union and the Government of the Socialist Republic of Viet Nam on certain aspects of air services.

It should be recalled that the Agreement was signed on 4 October 2010. To conclude the Agreement, the Council needs the consent of the European Parliament. In accordance with Article 81 of the Rules of Procedure the Parliament shall take a decision by means of a single vote, and no amendments to the agreement itself may be tabled.

PURPOSE: to conclude the Agreement between the European Union and the Government of the Socialist Republic of Viet Nam on certain aspects of air services.

PROPOSED ACT: Council Decision.

LEGAL BASIS: Article 100(2) in conjunction with Article 218(6) of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: by its Decision of 5 June 2003, the Council authorised the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with an agreement at Union level.

On behalf of the Union, the Commission has negotiated an Agreement with the Government of the Socialist Republic of Viet Nam on certain aspects of air services in accordance with the mechanisms and directives in the Annex to the Decision of 5 June 2003.

The Agreement was signed on behalf of the Union, subject to its possible conclusion at a later date.

It is proposed that this Agreement should therefore be approved accordingly.

PURPOSE: to conclude the Agreement between the European Union and the Government of the Socialist Republic of Viet Nam on certain aspects of air services.

PROPOSED ACT: Council Decision.

LEGAL BASIS: Article 100(2) in conjunction with Article 218(6) of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: by its Decision of 5 June 2003, the Council authorised the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with an agreement at Union level.

On behalf of the Union, the Commission has negotiated an Agreement with the Government of the Socialist Republic of Viet Nam on certain aspects of air services in accordance with the mechanisms and directives in the Annex to the Decision of 5 June 2003.

The Agreement was signed on behalf of the Union, subject to its possible conclusion at a later date.

It is proposed that this Agreement should therefore be approved accordingly.

The Lisbon Treaty, which entered into force on 1 December 2009, amended the EU's two core treaties, the Treaty on European Union (TEU) and the Treaty establishing the European Community (EC Treaty). The latter was renamed the Treaty on the Functioning of the European Union (TFEU).

These changes had various consequences for many ongoing procedures. First of all, the articles of the TEU and of the old EC Treaty that constitute the legal basis of all the proposals founded on those Treaties were renumbered in accordance with the table of equivalences mentioned in Article 5 of the Lisbon Treaty.

In addition, some proposals underwent a change to their legal basis going beyond a mere change to their numbering, and this resulted in changes to the type of procedure .

The Lisbon Treaty also introduced new concepts of decision-making procedure . The old "codecision procedure" was extended to new areas and renamed the "ordinary legislative procedure". A new "consent procedure" replaced the old "assent procedure". New interinstitutional procedures were also set up for the adoption of certain non-legislative acts, for example the conclusion of some international agreements.

The ongoing proposals concerned by these changes were formally modified by the Commission in a Communication published on 2 December 2009 (COM(2009)0665).

In the case of the proposal for a Council Decision on the conclusion of the Agreement between the European Community and the Socialist Republic of Viet Nam on certain aspects of air services, the entry into force of the Lisbon Treaty had the following impacts :

· the old legal basis – Treaty/EC/Art.80(2), Art.300(2) first para and (3) first para. – became Art 100(2), Art 218 (6)(a) of the TFEU. Please note that the numbering of the old legal basis corresponds to the consolidated version of the Treaty that was applicable immediately before the entry into force of the Lisbon Treaty, and may differ from the references in the original Commission proposal ;

· the proposal, which had previously fallen under the old consultation procedure (CNS), was classified as an interinstitutional non-legislative procedure (NLE).