{"change_dates":[],"dossier":{"amendments":[],"changes":{"2014-11-10T00:30:14":[{"data":[{"body":"EC","commission":[{"Commissioner":"KALLAS Siim","DG":{"title":"Mobility and Transport","url":"http://ec.europa.eu/dgs/transport/index_en.htm"}}],"date":"2009-02-18T00:00:00","docs":[{"celexid":"CELEX:52009PC0065(02):EN","text":["
PURPOSE: to conclude\n the Agreement on certain aspects of air services between the European\n Community and the Republic of Korea.
PROPOSED ACT:\n Council Decision.
CONTENT:\n following the judgments of the Court of Justice in the so-called “Open Skies”\n cases, on 5 June 2003 the Council granted the Commission a mandate to\n open negotiations with third countries on the replacement of certain\n provisions in existing agreements with a Community agreement (the “horizontal\n mandate”). The objectives of such agreements are to give all EU air carriers\n non-discriminatory access to routes between the Community and third\n countries, and to bring bilateral air service agreements between Member States and third countries in line with Community law.
In accordance\n with the mechanisms and directives in the Annex to the ”horizontal mandate”,\n the Commission has negotiated an agreement with the Republic of Korea that\n replaces certain provisions in the existing bilateral air services agreements\n between Member States and the Republic of Korea.
Article 2 of\n the Agreement replaces the traditional designation clauses with a Community\n designation clause, permitting all Community carriers to benefit from the right\n of establishment. Article 4 deals with the taxation of aviation fuel, a\n matter which has been harmonised by Council Directive 2003/96/EC\n restructuring the Community framework for the taxation of energy products and\n electricity, and in particular Article 14 (2) thereof. Article 5\n resolves potential conflicts with the EC competition rules.
In accordance\n with the standard procedure for the signature and conclusion of international\n agreements, the Council is asked to approve the decisions on the signature\n and on the conclusion of the Agreement on certain aspects of air services\n between the European Community and the Republic of Korea and to designate the\n persons authorised to sign the Agreement on behalf of the Community.
\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\n procedure\" replaced the old \"assent procedure\". New\n interinstitutional procedures were also set up for the adoption of certain\n non-legislative acts, for example the conclusion of some international\n 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 Council Decision on the conclusion of the Agreement on\n certain aspects of air services between the European Community and the\n Republic of Korea, the entry into force of the Lisbon Treaty had the\n following impacts:
· \n the old legal basis – Treaty/EC/Art.80(2), Art.300(2) first para and (3) first para.\n - became Art 100(2), Art 218 (6)(a) of the TFEU. Please note that\n the numbering of the old legal basis corresponds to the consolidated version\n of the Treaty that was applicable immediately before the entry into force of\n the Lisbon Treaty, and may differ from the references in the original\n Commission 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).
\nPURPOSE: to conclude\n the Agreement on certain aspects of air services between the European\n Community and the Republic of Korea.
PROPOSED ACT:\n Council Decision.
CONTENT:\n following the judgments of the Court of Justice in the so-called “Open Skies”\n cases, on 5 June 2003 the Council granted the Commission a mandate to\n open negotiations with third countries on the replacement of certain\n provisions in existing agreements with a Community agreement (the “horizontal\n mandate”). The objectives of such agreements are to give all EU air carriers\n non-discriminatory access to routes between the Community and third\n countries, and to bring bilateral air service agreements between Member States and third countries in line with Community law.
In accordance\n with the mechanisms and directives in the Annex to the ”horizontal mandate”,\n the Commission has negotiated an agreement with the Republic of Korea that\n replaces certain provisions in the existing bilateral air services agreements\n between Member States and the Republic of Korea.
Article 2 of\n the Agreement replaces the traditional designation clauses with a Community\n designation clause, permitting all Community carriers to benefit from the right\n of establishment. Article 4 deals with the taxation of aviation fuel, a\n matter which has been harmonised by Council Directive 2003/96/EC\n restructuring the Community framework for the taxation of energy products and\n electricity, and in particular Article 14 (2) thereof. Article 5\n resolves potential conflicts with the EC competition rules.
In accordance\n with the standard procedure for the signature and conclusion of international\n agreements, the Council is asked to approve the decisions on the signature\n and on the conclusion of the Agreement on certain aspects of air services\n between the European Community and the Republic of Korea and to designate the\n persons authorised to sign the Agreement on behalf of the Community.
\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\n procedure\" replaced the old \"assent procedure\". New\n interinstitutional procedures were also set up for the adoption of certain\n non-legislative acts, for example the conclusion of some international\n 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 Council Decision on the conclusion of the Agreement on\n certain aspects of air services between the European Community and the\n Republic of Korea, the entry into force of the Lisbon Treaty had the\n following impacts:
· \n the old legal basis – Treaty/EC/Art.80(2), Art.300(2) first para and (3) first para.\n - became Art 100(2), Art 218 (6)(a) of the TFEU. Please note that\n the numbering of the old legal basis corresponds to the consolidated version\n of the Treaty that was applicable immediately before the entry into force of\n the Lisbon Treaty, and may differ from the references in the original\n Commission 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).
\n