PURPOSE: to conclude the Agreement on certain aspects of air services between the European Union and the Democratic Socialist Republic of Sri Lanka.

NON-LEGISLATIVE ACT: Council Decision 2014/300/EU on the conclusion of the Agreement on certain aspects of air services between the European Union and the Government of the Democratic Socialist Republic of Sri Lanka.

CONTENT: 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 an agreement at Union level. On behalf of the Union, the Commission has negotiated an Agreement on certain aspects of air services with the Government of the Democratic Socialist Republic of Sri Lanka in accordance with the mechanisms and directives in the Annex to the Council Decision of 5 June 2003.

The Agreement was signed on behalf of the Union on 27 September 2012 subject to its possible conclusion at a later date, in conformity with Council Decision 2013/100/EU.

In summary, the agreement:

· replaces the traditional designation clauses with an EU designation clause, permitting all EU carriers to benefit from the right of establishment;

· resolves potential conflicts with the competition rules of the Union.

The agreement between the European Union and Sri Lanka is approved on behalf of the Union.

ENTRY INTO FORCE: the decision enters into force on 15.07.2013. The date of entry into force of the agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.

The European Parliament adopted a legislative resolution on the draft Council decision on the conclusion of the Agreement on certain aspects of air services between the European Union and the Government of the Democratic Socialist Republic of Sri Lanka.

Parliament gave its consent to the conclusion of the Agreement.

The Committee on Transport and Tourism adopted unanimously the report by Petri SARVAMAA (EPP, FI) on the draft Council decision on the conclusion of the Agreement on certain aspects of air services between the European Union and the Government of the Democratic Socialist Republic of Sri Lanka.

It recommends the European Parliament to give its consent to the conclusion of the Agreement.

PURPOSE: the conclusion of the Agreement on certain aspects of air services between the European Union and the Government of the Democratic Socialist Republic of Sri Lanka.

PROPOSED ACT: Council Decision.

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

CONTENT: by its Decision of 5 June 2003, the Council authorised the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with an agreement at Union level.

On behalf of the Union, the Commission has negotiated an Agreement on certain aspects of air services with the Government of the Democratic Socialist Republic of Sri Lanka in accordance with the mechanisms and directives in the Annex to the Council Decision of 5 June 2003.

The Agreement was signed on behalf of the Union on 27 September 2012 subject to its possible conclusion at a later date. As a consequence it is proposed to approve the agreement on behalf of the European Union.

PURPOSE: the conclusion of the Agreement on certain aspects of air services between the European Union and the Government of the Democratic Socialist Republic of Sri Lanka.

PROPOSED ACT: Council Decision.

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

CONTENT: by its Decision of 5 June 2003, the Council authorised the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with an agreement at Union level.

On behalf of the Union, the Commission has negotiated an Agreement on certain aspects of air services with the Government of the Democratic Socialist Republic of Sri Lanka in accordance with the mechanisms and directives in the Annex to the Council Decision of 5 June 2003.

The Agreement was signed on behalf of the Union on 27 September 2012 subject to its possible conclusion at a later date. As a consequence it is proposed to approve the agreement on behalf of the European Union.

PURPOSE: to conclude the Agreement on certain aspects of air services between the European Union and the Democratic Socialist Republic of Sri Lanka.

PROPOSED ACT: Council Decision.

LEGAL BASIS: Article 100(2), 218(6) (a) and (8) of the TFEU. The proposal is entirely based on the "horizontal mandate" granted by the Council taking into account the issues covered by the law of the Union and bilateral air services agreements.

IMPACT ASSESSMENT: no impact assessment was carried out.

BACKGROUND: following the judgements 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 an agreement at Union level1 (the "horizontal mandate"). The objectives of such agreements are to give all European Union air carriers non-discriminatory access to routes between the European Union and third countries, and to bring bilateral air service agreements between Member States and third countries in line with the law of the Union.

CONTENT: in accordance with the mechanisms and directives in the Annex to the "horizontal mandate", the Commission has negotiated an agreement with the Democratic Socialist Republic of Sri Lanka that replaces certain provisions in the existing bilateral air services agreements between Member States and the Democratic Socialist Republic of Sri Lanka.

Article 2 of the Agreement replaces the traditional designation clauses with an EU designation clause, permitting all EU carriers to benefit from the right of establishment. Article 4 resolves potential conflicts with the competition rules of the Union.

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 Union and the Democratic Socialist Republic of Sri Lanka and to designate the persons authorised to sign the Agreement on behalf of the Union.

BUDGETARY IMPLICATION: there are no implications for the EU budget.