BETA


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

Progress: Preparatory phase in Parliament

RoleCommitteeRapporteurShadows
Lead TRAN
Former Responsible Committee TRAN
Former Responsible Committee TRAN
Former Responsible Committee TRAN RIQUET Dominique (icon: ALDE ALDE)
Legal Basis:
TFEU 100-p2, TFEU 218-p6a

Events

2015/01/20
   EP - Former Responsible Committee
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).

2009/03/30
   CSL - Council Meeting
2009/02/18
   EC - Legislative proposal published
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)

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
      text
      • 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.

      title
      COM(2009)0065
      type
      Legislative proposal published
      celexid
      CELEX:52009PC0065(02):EN
    body
    EC
    commission
    • DG
      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
    text
    • 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).

    body
    all
    type
    Additional information
commission
  • body
    EC
    dg
    Mobility and Transport
    commissioner
    KALLAS Siim
committees/0/associated
False
committees/0/date
Old
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
    committees/2/associated
    False
    committees/2/date
    Old
    2009-09-03T00:00:00
    New
     
    committees/2/rapporteur
    • group
      PPE
      name
      RIQUET Dominique
    committees/2/responsible
    True
    committees/2/type
    Former Responsible Committee
    committees/3
    type
    Former Responsible Committee
    body
    EP
    committee_full
    Transport and Tourism
    committee
    TRAN
    associated
    False
    date
    • 2015-01-20T00:00:00
    rapporteur
    • name
      RIQUET Dominique
      group
      Alliance of Liberals and Democrats for Europe
      abbr
      ALDE
    council
    • 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
      summary
    • date
      2009-12-02T00:00:00
      type
      Additional information
      body
      all
      summary
    other
    • body
      EC
      dg
      commissioner
      KALLAS Siim
    procedure/subject
    Old
    • 3.20.15.02 Air transport agreements and cooperation
    New
    3.20.15.02
    Air transport agreements and cooperation
    activities/0/commission/0/DG/url
    Old
    http://ec.europa.eu/dgs/transport/index_en.htm
    New
    http://ec.europa.eu/info/departments/mobility-and-transport_en
    other/0/dg/url
    Old
    http://ec.europa.eu/dgs/transport/index_en.htm
    New
    http://ec.europa.eu/info/departments/mobility-and-transport_en
    activities/0/docs/0/celexid
    CELEX:52009PC0065(02):EN
    activities/0/docs/0/celexid
    CELEX:52009PC0065(02):EN
    activities/0/docs/0/celexid
    CELEX:52009PC0065(02):EN
    committees/0/shadows/5
    group
    EFD
    name
    PAKSAS Rolandas
    committees/0
    body
    EP
    shadows
    responsible
    True
    committee
    TRAN
    date
    2015-01-20T00:00:00
    committee_full
    Transport and Tourism
    rapporteur
    • group
      ALDE
      name
      RIQUET Dominique
    activities/0/docs/0/celexid
    CELEX:52009PC0065(02):EN
    activities/0/docs/0/celexid
    CELEX:52009PC0065(02):EN
    activities/0/docs/0/celexid
    CELEX:52009PC0065(02):EN
    procedure/geographical_area/0
    Old
    Korea, Republic
    New
    South Korea
    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
        text
        • 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.

        title
        COM(2009)0065
        type
        Legislative proposal published
        celexid
        CELEX:52009PC0065(02):EN
      type
      Legislative proposal published
      body
      EC
      commission
      • DG
        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
      text
      • 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).

      body
      all
      type
      Additional information
    committees
    • body
      EP
      responsible
      True
      committee_full
      Transport and Tourism
      committee
      TRAN
    • body
      EP
      responsible
      True
      committee
      TRAN
      date
      2009-09-03T00:00:00
      committee_full
      Transport and Tourism
      rapporteur
      • group
        PPE
        name
        RIQUET Dominique
    links
    National parliaments
    other
    • body
      EC
      dg
      commissioner
      KALLAS Siim
    procedure
    legal_basis
    reference
    2009/0019(NLE)
    subtype
    Consent by Parliament
    geographical_area
    • Korea, Republic
    stage_reached
    Preparatory phase in Parliament
    instrument
    Decision
    title
    EC/Korea agreement: air services
    type
    NLE - Non-legislative enactments
    subject
    • 3.20.15.02 Air transport agreements and cooperation