BETA


2009/0019(NLE) EC/Korea agreement: air services

Progress: Preparatory phase in Parliament

RoleCommitteeRapporteurShadows
Lead TRAN RIQUET Dominique (icon: Renew Renew) FRANKOWSKI Tomasz (icon: EPP EPP), GRAPINI Maria (icon: S&D S&D), KONEČNÁ Kateřina (icon: GUE/NGL GUE/NGL)
Former Responsible Committee TRAN
Former Responsible Committee TRAN RIQUET Dominique (icon: PPE PPE)
Former Responsible Committee TRAN RIQUET Dominique (icon: ALDE ALDE)
Legal Basis:
TFEU 100-p2, TFEU 218-p6a

Events

2019/10/01
   EP - RIQUET Dominique (Renew) appointed as rapporteur in TRAN
2015/01/20
   EP - RIQUET Dominique (ALDE) appointed as rapporteur in TRAN
2009/12/02
   all - Additional information
Details

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 on certain aspects of air services between the European Community and the Republic of Korea, 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).

2009/09/03
   EP - RIQUET Dominique (PPE) appointed as rapporteur in TRAN
2009/03/30
   CSL - Council Meeting
2009/02/18
   Preparatory document
Details

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

PROPOSED ACT: Council Decision.

CONTENT: following the judgments of the Court of Justice in the so-called “Open Skies” cases, on 5 June 2003 the Council granted the Commission a mandate to open negotiations with third countries on the replacement of certain provisions in existing agreements with a Community agreement (the “horizontal mandate”). The objectives of such agreements are to give all EU air carriers non-discriminatory access to routes between the Community and third countries, and to bring bilateral air service agreements between Member States and third countries in line with Community law.

In accordance with the mechanisms and directives in the Annex to the ”horizontal mandate”, the Commission has negotiated an agreement with the Republic of Korea that replaces certain provisions in the existing bilateral air services agreements between Member States and the Republic of Korea.

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. 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, and in particular Article 14 (2) thereof. Article 5 resolves potential conflicts with the EC competition rules.

In accordance with the standard procedure for the signature and conclusion of international agreements, the Council is asked to approve the decisions on the signature and on the conclusion of the Agreement on certain aspects of air services between the European Community and the Republic of Korea and to designate the persons authorised to sign the Agreement on behalf of the Community.

History

(these mark the time of scraping, not the official date of the change)

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date
2009-02-18T00:00:00
type
Preparatory document
docs
summary
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Legislative proposal published
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summary
committees/0/rapporteur
  • name: RIQUET Dominique date: 2019-10-01T00:00:00 group: Renew Europe group abbr: Renew
committees/0/shadows
  • name: FRANKOWSKI Tomasz group: Group of European People's Party abbr: EPP
  • name: GRAPINI Maria group: Group of Progressive Alliance of Socialists and Democrats abbr: S&D
  • name: KONEČNÁ Kateřina group: Confederal Group of the European United Left - Nordic Green Left abbr: GUE/NGL
committees/2/rapporteur
  • name: RIQUET Dominique date: 2009-09-03T00:00:00 group: European People's Party (Christian Democrats) abbr: PPE
committees/0/date
    committees/1/date
      committees/2/date
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        • 2015-01-20T00:00:00
        committees/3/rapporteur/0/date
        2015-01-20T00:00:00
        activities
        • date: 2009-02-18T00:00:00 docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2009&nu_doc=65 title: COM(2009)0065 type: Legislative proposal published celexid: CELEX:52009PC0065(02):EN body: EC commission: DG: url: http://ec.europa.eu/info/departments/mobility-and-transport_en title: Mobility and Transport Commissioner: KALLAS Siim type: Legislative proposal published
        • date: 2009-03-30T00:00:00 body: CSL type: Council Meeting council: Transport, Telecommunications and Energy meeting_id: 2935
        • date: 2009-12-02T00:00:00 body: all type: Additional information
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        • body: EC dg: Mobility and Transport commissioner: KALLAS Siim
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        committees/0/date
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        2015-01-20T00:00:00
        New
         
        committees/0/rapporteur
        • group: ALDE name: RIQUET Dominique
        committees/0/responsible
        True
        committees/0/shadows
        • group: EPP name: KOCH Dieter-Lebrecht
        • group: S&D name: GRAPINI Maria
        • group: ECR name: VAN DALEN Peter
        • group: GUE/NGL name: KONEČNÁ Kateřina
        • group: Verts/ALE name: ŠKRLEC Davor
        • group: EFD name: PAKSAS Rolandas
        committees/0/type
        Responsible Committee
        committees/1/associated
        False
        committees/1/date
          committees/1/responsible
          True
          committees/1/type
          Former Responsible Committee
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          False
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          Old
          2009-09-03T00:00:00
          New
           
          committees/2/rapporteur
          • group: PPE name: RIQUET Dominique
          committees/2/responsible
          True
          committees/2/type
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          TRAN
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          2015-01-20T00:00:00
          rapporteur
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          • body: CSL type: Council Meeting council: Transport, Telecommunications and Energy meeting_id: 2935 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2935*&MEET_DATE=30/03/2009 date: 2009-03-30T00:00:00
          events
          • date: 2009-02-18T00:00:00 type: Legislative proposal published body: EC docs: url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2009&nu_doc=65 title: EUR-Lex title: COM(2009)0065 summary: PURPOSE: to conclude the Agreement on certain aspects of air services between the European Community and the Republic of Korea. PROPOSED ACT: Council Decision. CONTENT: following the judgments of the Court of Justice in the so-called “Open Skies” cases, on 5 June 2003 the Council granted the Commission a mandate to open negotiations with third countries on the replacement of certain provisions in existing agreements with a Community agreement (the “horizontal mandate”). The objectives of such agreements are to give all EU air carriers non-discriminatory access to routes between the Community and third countries, and to bring bilateral air service agreements between Member States and third countries in line with Community law. In accordance with the mechanisms and directives in the Annex to the ”horizontal mandate”, the Commission has negotiated an agreement with the Republic of Korea that replaces certain provisions in the existing bilateral air services agreements between Member States and the Republic of Korea. 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. 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, and in particular Article 14 (2) thereof. Article 5 resolves potential conflicts with the EC competition rules. In accordance with the standard procedure for the signature and conclusion of international agreements, the Council is asked to approve the decisions on the signature and on the conclusion of the Agreement on certain aspects of air services between the European Community and the Republic of Korea and to designate the persons authorised to sign the Agreement on behalf of the Community.
          • date: 2009-12-02T00:00:00 type: Additional information body: all summary: 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 on certain aspects of air services between the European Community and the Republic of Korea, 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).
          other
          • body: EC dg: url: http://ec.europa.eu/info/departments/mobility-and-transport_en title: Mobility and Transport commissioner: KALLAS Siim
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          • date: 2009-02-18T00:00:00 docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2009&nu_doc=65 title: COM(2009)0065 type: Legislative proposal published celexid: CELEX:52009PC0065(02):EN type: Legislative proposal published body: EC commission: DG: url: http://ec.europa.eu/dgs/transport/index_en.htm title: Mobility and Transport Commissioner: KALLAS Siim
          • date: 2009-03-30T00:00:00 body: CSL type: Council Meeting council: Transport, Telecommunications and Energy meeting_id: 2935
          • date: 2009-12-02T00:00:00 body: all type: Additional information
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          • body: EP responsible: True committee: TRAN date: 2009-09-03T00:00:00 committee_full: Transport and Tourism rapporteur: group: PPE name: RIQUET Dominique
          links
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          • body: EC dg: url: http://ec.europa.eu/dgs/transport/index_en.htm title: Mobility and Transport commissioner: KALLAS Siim
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          title
          EC/Korea agreement: air services
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          NLE - Non-legislative enactments
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