BETA


2018/0147(NLE) EU/China Agreement: air services

Progress: Awaiting final decision

RoleCommitteeRapporteurShadows
Lead TRAN PORĘBA Tomasz Piotr (icon: ECR ECR) ŁUKACIJEWSKA Elżbieta Katarzyna (icon: EPP EPP), VITANOV Petar (icon: S&D S&D), BILBAO BARANDICA Izaskun (icon: Renew Renew), ROWETT Catherine (icon: Verts/ALE Verts/ALE), KONEČNÁ Kateřina (icon: GUE/NGL GUE/NGL)
Former Responsible Committee TRAN
Lead committee dossier:
Legal Basis:
TFEU 100-p2, TFEU 218-p6a

Events

2020/01/15
   EP - Text adopted by Parliament, 1st reading/single reading
Documents
2020/01/15
   EP - Decision by Parliament, 1st reading/single reading
Documents
2020/01/15
   EP - End of procedure in Parliament
2019/12/05
   EP - Committee report tabled for plenary, 1st reading/single reading
Details

The Committee on Transport and Tourism adopted the report by Tomasz Piotr PORĘBA (ECR, PL) on the draft Council decision on the conclusion on behalf of the Union of the Agreement between the European Union and the Government of the People’s Republic of China on certain aspects of air services.

The committee recommended that the European Parliament give its consent to the conclusion of the agreement.

To comply with the ruling of the Court of Justice and in accordance with the mechanisms and directives in the Annex to the ‘horizontal autorisation’, the Commission negotiated an agreement with China that replaces certain provisions in the existing bilateral air services agreements between Member States and China.

Negotiations were successfully concluded in December 2017 and the agreement was signed on 20 May 2019 in Brussels.

The agreement is a direct consequence of European Court of Justice case law. It will serve a fundamental objective of the external aviation policy of the Union by bringing existing bilateral air services agreements in line with Union law with a key partner of the European Union.

The agreement will amend or complement provisions in bilateral air services agreements only to the extent necessary to ensure compliance with Union law. Its provisions supersede or complement the existing provisions in 27 bilateral air services agreements between Member States and China.

Documents
2019/12/03
   EP - Vote in committee, 1st reading/single reading
2019/10/09
   EP - Committee draft report
Documents
2019/09/16
   EP - Committee referral announced in Parliament, 1st reading/single reading
2019/09/03
   EP - PORĘBA Tomasz Piotr (ECR) appointed as rapporteur in TRAN
2019/07/15
   EC - Legislative proposal published
Details

PURPOSE: to conclude the Agreement between the European Union and the Government of the People's Republic of China on certain aspects of air services.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

BACKGROUND: following the judgements of the Court of Justice in the so-called ‘Open Skies’ cases, on 5 June 2003, the Council authorised the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral air services agreements with an agreement at Union level (horizontal authorisation).

The objectives of such agreements are to give all EU air carriers non-discriminatory access to routes between the European Union and third countries, and hence to bring bilateral air services agreements between Member States and third countries in line with Union law.

In accordance with the mechanisms and directives in the Annex to the ‘horizontal authorisation’, the Commission has negotiated an Agreement with China that replaces certain provisions in the existing bilateral air services agreements between Member States and China.

The Agreement was signed, subject to its conclusion at a later date.

CONTENT: The draft Council Decision concerns the approval, on behalf of the Union, of the Agreement between the European Union and the Government of the People's Republic of China on certain aspects of air services.

The purpose of the agreement is to bring existing bilateral air services agreements between 27 Member States and China into line with EU law:

- Article 2 of the Agreement replaces the traditional designation clauses with an EU designation clause which allows all EU carriers to benefit from the right of establishment;

- Article 4 resolves potential conflicts with EU competition rules.

Documents
2019/06/19
   CSL - Document attached to the procedure
Documents
2018/05/17
   EC - Document attached to the procedure
2018/05/17
   EC - Preparatory document
2018/05/17
   EP - Preparatory document

Documents

History

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

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CSL
events/1/summary
  • PURPOSE: to conclude the Agreement between the European Union and the Government of the People's Republic of China on certain aspects of air services.
  • PROPOSED ACT: Council Decision.
  • ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.
  • BACKGROUND: following the judgements of the Court of Justice in the so-called ‘Open Skies’ cases, on 5 June 2003, the Council authorised the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral air services agreements with an agreement at Union level (horizontal authorisation).
  • The objectives of such agreements are to give all EU air carriers non-discriminatory access to routes between the European Union and third countries, and hence to bring bilateral air services agreements between Member States and third countries in line with Union law.
  • In accordance with the mechanisms and directives in the Annex to the ‘horizontal authorisation’, the Commission has negotiated an Agreement with China that replaces certain provisions in the existing bilateral air services agreements between Member States and China.
  • The Agreement was signed, subject to its conclusion at a later date.
  • CONTENT: The draft Council Decision concerns the approval, on behalf of the Union, of the Agreement between the European Union and the Government of the People's Republic of China on certain aspects of air services.
  • The purpose of the agreement is to bring existing bilateral air services agreements between 27 Member States and China into line with EU law:
  • - Article 2 of the Agreement replaces the traditional designation clauses with an EU designation clause which allows all EU carriers to benefit from the right of establishment;
  • - Article 4 resolves potential conflicts with EU competition rules.
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      • date: 2018-05-17T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2018/0294/COM_COM(2018)0294_EN.pdf title: COM(2018)0294 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2018&nu_doc=0294 title: EUR-Lex type: Document attached to the procedure body: EC
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      • date: 2018-05-17T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2018/0295/COM_COM(2018)0295_EN.pdf title: COM(2018)0295 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2018&nu_doc=0295 title: EUR-Lex summary: PURPOSE: to conclude the Agreement between the European Union and the Government of the People's Republic of China on certain aspects of air services. PROPOSED ACT: Council Decision. ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. BACKGROUND: following the judgements of the Court of Justice in the so-called ‘Open Skies’ cases, on 5 June 2003 the Council authorised the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral air services agreements with an agreement at Union level (horizontal authorisation). The objectives of such agreements are to give all EU air carriers non-discriminatory access to routes between the European Union and third countries, and hence to bring bilateral air services agreements between Member States and third countries in line with Union law. CONTENT: in accordance with the mechanisms and directives in the Annex to the ‘horizontal authorisation’, the Commission has negotiated an Agreement with the People's Republic of China that replaces certain provisions in the existing bilateral air services agreements between Member States and China . The negotiations were successfully concluded and the agreement was initialled on 8 December 2017. The purpose of the Agreement is to bring the existing bilateral air services agreements between 27 Member States and the People's Republic of China into conformity with EU law. The negotiations were successfully concluded by the initialling of the Agreement on 8 December 2017. The objective of the Agreement is to bring bilateral air services agreements between 27 Member States and the People's Republic of China in line with Union law 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. With this proposal for a Decision, the Council is invited to approve on behalf of the Union the Agreement between the European Union and China on certain aspects of air services.
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      • PURPOSE: to conclude the Agreement between the European Union and the Government of the People's Republic of China on certain aspects of air services.

        PROPOSED ACT: Council Decision.

        ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. 

        BACKGROUND: following the judgements of the Court of Justice in the so-called ‘Open Skies’ cases, on 5 June 2003 the Council authorised the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral air services agreements with an agreement at Union level (horizontal authorisation).

        The objectives of such agreements are to give all EU air carriers non-discriminatory access to routes between the European Union and third countries, and hence to bring bilateral air services agreements between Member States and third countries in line with Union law.

        CONTENT: in accordance with the mechanisms and directives in the Annex to the ‘horizontal authorisation’, the Commission has negotiated an Agreement with the People's Republic of China that replaces certain provisions in the existing bilateral air services agreements between Member States and China. The negotiations were successfully concluded and the agreement was initialled on 8 December 2017. 

        The purpose of the Agreement is to bring the existing bilateral air services agreements between 27 Member States and the People's Republic of China into conformity with EU law. The negotiations were successfully concluded by the initialling of the Agreement on 8 December 2017.

        The objective of the Agreement is to bring bilateral air services agreements between 27 Member States and the People's Republic of China in line with Union law

        • 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.

        With this proposal for a Decision, the Council is invited to approve on behalf of the Union the Agreement between the European Union and China on certain aspects of air services.

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