PURPOSE: to approve, on behalf of the Union, the conclusion of the Agreement on Air Transport with Canada.

NON-LEGISLATIVE ACT: Council Decision (EU) 2019/702 on the conclusion, on behalf of the Union, of the Air Transport Agreement between the European Community and its Member States, of the one part, and Canada, of the other part.

CONTENT: the Council adopted a Decision on the approval, on behalf of the Union, of the Air Transport Agreement between the European Community and its Member States, of the one part, and Canada, of the other part.

The Agreement was signed on 17 and 18 December 2009, subject to its conclusion at a later date. It was ratified by all Member States, except for Croatia. It is intended that Croatia will accede to the Agreement in accordance with the 2011 Act of Accession.

The Agreement includes a gradual phasing-in of traffic rights and investment opportunities, as well as far reaching cooperation on a number of issues including safety, security, social matters, consumer interests, environment, air traffic management, state aids and competition.

The Agreement removes all restrictions on routes, prices, or the number of weekly flights between Canada and the EU. Airlines will be free to enter into commercial arrangements such as code-share agreements, and to establish their tariffs in line with competition law.

The Agreement contains provisions for the phased market opening (in four phases) linked to the granting of greater investment freedoms by both sides. It provides for:

- the agreement of both sides to cooperate closely in order to mitigate the effects of aviation on climate change;

- mutual recognition of standards and ‘one-stop security’ (i.e. transfer passengers, luggage and cargo would be exempted from any additional security measures);

- specific provisions to improve consumer interests including a commitment to consult on issues such as compensation for denied boarding, accessibility measures and passenger refunds;

- a strong mechanism to ensure that airlines cannot face discrimination in terms of access to infrastructure or state subsidies.

The Council's decision discontinues the application of the decision-making and representation provisions on various matters set out in the Agreement in view of the judgment of the Court of Justice of the European Union (ECJ) of 28 April 2015 in Case C-28/12.

ENTRY INTO FORCE: 15.4.2019.

The European Parliament adopted by 583 votes to 42 with 23 abstentions a legislative resolution on the draft Council decision on the conclusion, on behalf of the Union, of the Air Transport Agreement between the European Community and its Member States, of the one part, and Canada, of the other part.

Following the recommendation of its Committee on Transport and Tourism, Parliament gave its consent to the conclusion of the agreement.

The Agreement includes a gradual phasing-in of traffic rights and investment opportunities, as well as far reaching cooperation on a number of issues including safety, security, social matters, consumer interests, environment, air traffic management, state aids and competition.

The Committee on Transport and Tourism adopted the report by Francisco ASSIS (S&D, PT) on the draft Council decision on the conclusion, on behalf of the Union, of the Air Transport Agreement between the European Community and its Member States, of the one part, and Canada, of the other part.

The committee recommended that the European Parliament approve the conclusion of the agreement.

The Agreement was signed on 17 and 18 December 2009, subject to its conclusion at a later date, in accordance with Council Decision 2010/417/EC. All Member States, except for Croatia, have ratified it. It has been provisionally applied since its signature.

On 10 January 2018, the Commission presented an amended proposal for a Council decision on the conclusion of the Agreement, to take into account the entry into force of the Treaty of Lisbon and the legal modifications required by the European Court of Justice in its judgment of 28 April 2015 in case C-28/12.

The European Parliament is being consulted again for approval on the draft decision to conclude the agreement on behalf of the Union.

The Agreement includes a gradual phasing-in of traffic rights and investment opportunities, as well as far reaching cooperation on a number of issues including safety, security, social matters, consumer interests, environment, air traffic management, state aids and competition.

As indicated in the explanatory memorandum accompanying the recommendation, all EU airlines will be able to operate direct flights to Canada from anywhere in Europe. The Agreement removes all restrictions on routes, prices, or the number of weekly flights between Canada and the EU. Airlines will be free to enter into commercial arrangements such as code-share agreements, and to establish their tariffs in line with competition law. The Agreement contains provisions for the phased market opening (in four phases) linked to the granting of greater investment freedoms by both sides. It provides for:

the agreement of both sides to cooperate closely in order to mitigate the effects of aviation on climate change;

mutual recognition of standards and "one-stop security" (i.e. transfer passengers, luggage and cargo would be exempted from any additional security measures); specific provisions to improve consumer interests including a commitment to consult on issues such as compensation for denied boarding, accessibility measures and passenger refunds; a strong mechanism to ensure that airlines cannot face discrimination in terms of access to infrastructure or state subsidies.

According to a study launched by the Commission, an open agreement with Canada would generate an additional half million passengers in its first year and, within a few years, 3.5 million extra passengers might be expected to take advantage of the opportunities offered by the Agreement. The Agreement could generate consumer benefits of at least EUR 72 million through lower fares and would also create new jobs.

The draft Council Decision concerns the approval, on behalf of the Union, of the Air Transport Agreement between the European Community and its Member States, of the one part, and Canada, of the other part .

The European Parliament has been consulted again for the approval on the draft decision to conclude the Agreement on behalf of the Union.

The Agreement was signed on 17 and 18 December 2009, subject to its conclusion at a later date, in accordance with Decision 2010/417/EC of the Council. It was ratified by all Member States, except for the Republic of Croatia.

It is intended that Croatia will accede to the Agreement in accordance with Article 6(2) of the 2011 Act of Accession.

According to the Council’s draft, the provisions on decision making and representation with regard to various matters set out in the Agreement should be discontinued in view of the judgement of the Court of Justice of the European Union of 28 April 2015 in case C-28/12.

Having regard to the Treaties, new provisions on those matters are not necessary, nor are provisions on information obligations of the Member States, such as those set out in Article 5 of Decision 2010/417/EC.

Consequently, Articles 3, 4 and 5 of Decision 2010/417/EC should cease to apply at the date of entry into force of the proposed Decision.

The draft Council Decision concerns the approval, on behalf of the Union, of the Air Transport Agreement between the European Community and its Member States, of the one part, and Canada, of the other part .

The European Parliament has been consulted again for the approval on the draft decision to conclude the Agreement on behalf of the Union.

The Agreement was signed on 17 and 18 December 2009, subject to its conclusion at a later date, in accordance with Decision 2010/417/EC of the Council. It was ratified by all Member States, except for the Republic of Croatia.

It is intended that Croatia will accede to the Agreement in accordance with Article 6(2) of the 2011 Act of Accession.

According to the Council’s draft, the provisions on decision making and representation with regard to various matters set out in the Agreement should be discontinued in view of the judgement of the Court of Justice of the European Union of 28 April 2015 in case C-28/12.

Having regard to the Treaties, new provisions on those matters are not necessary, nor are provisions on information obligations of the Member States, such as those set out in Article 5 of Decision 2010/417/EC.

Consequently, Articles 3, 4 and 5 of Decision 2010/417/EC should cease to apply at the date of entry into force of the proposed Decision.

The European Parliament adopted a legislative resolution on the draft decision of the Council and of the Representatives of the Governments of the Member States of the European Union, meeting within the Council on the conclusion of the Agreement on Air Transport between the European Community and its Member States, of the one part, and Canada, of the other part.

Parliament gives its consent to the conclusion of the Agreement.

The Committee on Transport and Tourism adopted the report drafted by Silvia-Adriana ŢICĂU (S&D, RO) in which it recommends the European Parliament to give its consent to the conclusion of the Agreement on Air Transport between the European Community and its Member States, of the one part, and Canada, of the other part.

PURPOSE: to conclude the EU-Canada Air Transport Agreement.

PROPOSED ACT: Council Decision.

BACKGROUND: the Commission negotiated on behalf of the Community and of the Member States an Agreement on Air Transport with Canada. The Agreement was signed on 17 and 18 December 2009 and applies provisionally subject to its conclusion at a later date.

It is now necessary to approve the Agreement by the Union and its Member States.

IMPACT ASSESSMENT: no impact assessment was carried out.

LEGAL BASIS: Article 100(2), in conjunction with Article 218(6)(a)(v) and the first subparagraph of Article 218(8) of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: by this Decision, the Agreement on Air Transport between the European Community and its Member States, of the one part, and Canada, of the other part, is hereby approved on behalf of the Union. For details of the content of the Agreement, please refer to the summary of the previous initial legislative document dated 17/02/2009.

Termination of the Agreement : procedural arrangements have been laid down in the Agreement for deciding, if appropriate, how to terminate the Agreement and a decision to withdraw such notice, shall be taken by the Council, on behalf of the Union and of the Member States, acting unanimously on the basis of a Commission proposal.

Joint Committee : it also lays down appropriate procedural arrangements for the participation of the Union and the Member States in the Joint Committee set up under Article 17 of the Agreement and in the dispute settlement procedures provided for in Article 21 of the Agreement, as well as for implementing certain provisions of the Agreement concerning security and safety.

It should be noted that as a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community and from that date exercises all rights and assumes all obligations of the European Community. Therefore, references to "the European Community" in the text of the Agreement are, where appropriate, to be read as "the European Union".

BUDGETARY IMPLICATION: this proposal has no implication for the EU budget.

PURPOSE: to conclude the EU-Canada Air Transport Agreement.

PROPOSED ACT: Council Decision.

BACKGROUND: the Commission negotiated on behalf of the Community and of the Member States an Agreement on Air Transport with Canada. The Agreement was signed on 17 and 18 December 2009 and applies provisionally subject to its conclusion at a later date.

It is now necessary to approve the Agreement by the Union and its Member States.

IMPACT ASSESSMENT: no impact assessment was carried out.

LEGAL BASIS: Article 100(2), in conjunction with Article 218(6)(a)(v) and the first subparagraph of Article 218(8) of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: by this Decision, the Agreement on Air Transport between the European Community and its Member States, of the one part, and Canada, of the other part, is hereby approved on behalf of the Union. For details of the content of the Agreement, please refer to the summary of the previous initial legislative document dated 17/02/2009.

Termination of the Agreement : procedural arrangements have been laid down in the Agreement for deciding, if appropriate, how to terminate the Agreement and a decision to withdraw such notice, shall be taken by the Council, on behalf of the Union and of the Member States, acting unanimously on the basis of a Commission proposal.

Joint Committee : it also lays down appropriate procedural arrangements for the participation of the Union and the Member States in the Joint Committee set up under Article 17 of the Agreement and in the dispute settlement procedures provided for in Article 21 of the Agreement, as well as for implementing certain provisions of the Agreement concerning security and safety.

It should be noted that as a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community and from that date exercises all rights and assumes all obligations of the European Community. Therefore, references to "the European Community" in the text of the Agreement are, where appropriate, to be read as "the European Union".

BUDGETARY IMPLICATION: this proposal has no implication for the EU budget.

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 Decision of the Council and the representatives of the Governments of the Member States of the European Union, meeting within the Council on the conclusion of the Air Transport Agreement between the European Community and its Member States, on the one hand, and Canada, on the other hand, 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).