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 of the Air Transport Agreement between the United States of America, for the one part, the European Community and its Member States, for the second part, Iceland, for the third part, and the Kingdom of Norway, for the fourth part; and on the conclusion of the Ancillary Agreement between the European Community and its Member States, of the first part, Iceland, on the second part, and the Kingdom of Norway, of the third part, regarding the application of the Air Transport Agreement between the United States of America, of the first part; the European Community and its Member States, of the second part; Iceland, of the third part; and the Kingdom of Norway, of the fourth part, 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). 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).

PURPOSE: to conclude an air transport agreement and an ancillary agreement between the United States and the European Union as well as Norway and Iceland.

PROPOSED ACT: Decision of the Council and the representatives of the Governments of the Member

States of the European Union.

BACKGROUND: the EU-US Air Transport Agreement, which entered into effect on 30 March 2008, has removed all commercial barriers for flights between any point in the EU and any point in the US. In addition, the US has granted so-called 7 th freedom rights to EU air carriers to operate between the US and non-EU countries of the European Common Aviation Area (ECAA), such as Norway and Iceland. However, the ECAA has no external dimension. Therefore, EU air carriers do not currently have the right to operate flights between Norway and Iceland and third countries. In the same way, Norwegian and Icelandic air carriers do currently not have the right to operate between the EU and the US.

Article 18 (5) of the EU-US Air Transport Agreement confirms both Parties' goal of "maximising the benefits for consumers, airlines, labour and communities on both sides of the Atlantic by extending this Agreement to include third countries". Norway and Iceland formally requested the accession to the EU-US Air Transport Agreement in 2007. In accordance with Article 18 (5) of the EU-US Air Transport Agreement, the Joint Committee developed in its meeting on 26 February 2009 a proposal for the accession of Iceland and Norway to the EU-US Air Transport Agreement, consisting of a four party "Cover Letter Agreement" and an Ancillary Agreement for the internal arrangements between the Community, Norway and Iceland. Norway and Iceland being an integral part of the European Common Aviation Area, these Agreements will ensure a consistent regulatory framework for flights between the US and the single aviation market in the EU – including Iceland and Norway.

IMPACT ASSESSMENT: the Agreement extends the scope of the EU-US Air Transport Agreement to Iceland and Norway. This will give EU air carriers the opportunity to take up the rights granted by the US since 30 March 2008 to operate passenger flights between the US and Iceland or Norway.

CONTENT: the objective of extending the EU-US Air Transport Agreement to third countries is explicitly foreseen in the EU-US Air Transport Agreement. It will create commercial benefits for airlines and consumers in the EU and it will particularly ensure the consistency of the EU-US Air Transport Agreement with the common Scandinavian air transport policy. At the same time, the proposal ensures that the bilateral character of the EU-US Air Transport Agreement is maintained. Iceland and Norway will be committed to the negotiations of a second-stage air transport agreement with the US.

The Cover Letter Agreement will establish the necessary link between the EU-US Air Transport Agreement and the European Common Aviation Area Agreement. It will not establish an external dimension to the European Economic Area Agreement. It is consistent with the EU's overall policy towards Iceland and Norway.

More specifically, the proposal consists of two elements:

1) the four-party " Cover Letter Agreement " extends the scope of the EU-US Air Transport Agreement mutatis mutandis to all four parties;

2) the Ancillary Agreement ensures that the bilateral nature of the EU-US Air Transport Agreement is maintained. Norway and Iceland will be represented in the Joint Committee by the Commission for all areas that are not in the exclusive competence of Member States. Rules are established for the exchange of information, the participation in second-stage negotiations, and the representation in arbitration procedures.

The four-party Cover Letter Agreement and an Ancillary Agreement are the most effective instruments to ensure both full extension of the EU-US Air Transport Agreement to Iceland and Norway and the bilateral character of the EU-US Air Transport Agreement. A multilateral agreement replacing the EU-US Air Transport Agreement would reduce the EU to one player in a four-party Agreement while the proposed Agreements maintain the bilateral relationship between the US, on the one hand, and Europe, on the other hand. Parallel bilateral agreements between: (i) Iceland-US, (ii) Norway-US, (iii) Iceland-European Community, and (iv) Norway-European Community would add unnecessary complexity and would not guarantee the full consistency of the regulatory framework for transatlantic flights.

The proposal does not create any new obligations for EU aviation authorities or for EU industry. It creates new rights for EU air carriers and ensures full consistency of the EU-US Air Transport Agreement with the common Scandinavian air transport policy.

BUDGETARY IMPLICATION: the proposal has no implication for the Community budget.

COM(2009)0229
EUR-Lex

This Decision of the Council and the representatives of the Governments of the Member States of the European Union, meeting within the Council concerns:

the signature and provisional application of the Air Transport Agreement between the United States of America, the European Community and its Member States, Iceland and the Kingdom of Norway; and

the signature and provisional application of the Ancillary Agreement between the European Community and its Member States, Iceland and the Kingdom of Norway regarding the application of the Air Transport Agreement between the United States of America, the European Community and its Member States, Iceland, and the Kingdom of Norway.

The proposal states that pending their entry into force, the Agreement and the Ancillary Agreement shall be applied on a provisional basis by the Community and by the Member States, in accordance with the application of national law, from the first day of the month following the date of the latest note of which the Parties have notified each other of the completion of the procedures necessary to provisionally apply the Agreement.

COM(2009)0226
EUR-Lex

PURPOSE: to conclude an air transport agreement and an ancillary agreement between the United States and the European Union as well as Norway and Iceland.

PROPOSED ACT: Decision of the Council and the representatives of the Governments of the Member

States of the European Union.

BACKGROUND: the EU-US Air Transport Agreement, which entered into effect on 30 March 2008, has removed all commercial barriers for flights between any point in the EU and any point in the US. In addition, the US has granted so-called 7 th freedom rights to EU air carriers to operate between the US and non-EU countries of the European Common Aviation Area (ECAA), such as Norway and Iceland. However, the ECAA has no external dimension. Therefore, EU air carriers do not currently have the right to operate flights between Norway and Iceland and third countries. In the same way, Norwegian and Icelandic air carriers do currently not have the right to operate between the EU and the US.

Article 18 (5) of the EU-US Air Transport Agreement confirms both Parties' goal of "maximising the benefits for consumers, airlines, labour and communities on both sides of the Atlantic by extending this Agreement to include third countries". Norway and Iceland formally requested the accession to the EU-US Air Transport Agreement in 2007. In accordance with Article 18 (5) of the EU-US Air Transport Agreement, the Joint Committee developed in its meeting on 26 February 2009 a proposal for the accession of Iceland and Norway to the EU-US Air Transport Agreement, consisting of a four party "Cover Letter Agreement" and an Ancillary Agreement for the internal arrangements between the Community, Norway and Iceland. Norway and Iceland being an integral part of the European Common Aviation Area, these Agreements will ensure a consistent regulatory framework for flights between the US and the single aviation market in the EU – including Iceland and Norway.

IMPACT ASSESSMENT: the Agreement extends the scope of the EU-US Air Transport Agreement to Iceland and Norway. This will give EU air carriers the opportunity to take up the rights granted by the US since 30 March 2008 to operate passenger flights between the US and Iceland or Norway.

CONTENT: the objective of extending the EU-US Air Transport Agreement to third countries is explicitly foreseen in the EU-US Air Transport Agreement. It will create commercial benefits for airlines and consumers in the EU and it will particularly ensure the consistency of the EU-US Air Transport Agreement with the common Scandinavian air transport policy. At the same time, the proposal ensures that the bilateral character of the EU-US Air Transport Agreement is maintained. Iceland and Norway will be committed to the negotiations of a second-stage air transport agreement with the US.

The Cover Letter Agreement will establish the necessary link between the EU-US Air Transport Agreement and the European Common Aviation Area Agreement. It will not establish an external dimension to the European Economic Area Agreement. It is consistent with the EU's overall policy towards Iceland and Norway.

More specifically, the proposal consists of two elements:

1) the four-party " Cover Letter Agreement " extends the scope of the EU-US Air Transport Agreement mutatis mutandis to all four parties;

2) the Ancillary Agreement ensures that the bilateral nature of the EU-US Air Transport Agreement is maintained. Norway and Iceland will be represented in the Joint Committee by the Commission for all areas that are not in the exclusive competence of Member States. Rules are established for the exchange of information, the participation in second-stage negotiations, and the representation in arbitration procedures.

The four-party Cover Letter Agreement and an Ancillary Agreement are the most effective instruments to ensure both full extension of the EU-US Air Transport Agreement to Iceland and Norway and the bilateral character of the EU-US Air Transport Agreement. A multilateral agreement replacing the EU-US Air Transport Agreement would reduce the EU to one player in a four-party Agreement while the proposed Agreements maintain the bilateral relationship between the US, on the one hand, and Europe, on the other hand. Parallel bilateral agreements between: (i) Iceland-US, (ii) Norway-US, (iii) Iceland-European Community, and (iv) Norway-European Community would add unnecessary complexity and would not guarantee the full consistency of the regulatory framework for transatlantic flights.

The proposal does not create any new obligations for EU aviation authorities or for EU industry. It creates new rights for EU air carriers and ensures full consistency of the EU-US Air Transport Agreement with the common Scandinavian air transport policy.

BUDGETARY IMPLICATION: the proposal has no implication for the Community budget.

COM(2009)0229
EUR-Lex