BETA


2022/0419(NLE) EU/Japan Agreement: air services
Next event: Indicative plenary sitting date 2023/07/10

Progress: Awaiting Parliament's vote

RoleCommitteeRapporteurShadows
Lead TRAN MONTEIRO DE AGUIAR Cláudia (icon: EPP EPP) VITANOV Petar (icon: S&D S&D), RIQUET Dominique (icon: Renew Renew), CUFFE Ciarán (icon: Verts/ALE Verts/ALE), HAIDER Roman (icon: ID ID), ZĪLE Roberts (icon: ECR ECR), DALY Clare (icon: GUE/NGL GUE/NGL)
Lead committee dossier:
Legal Basis:
TFEU 100-p2, TFEU 218-p6a

Events

2023/07/10
   Indicative plenary sitting date
2023/06/29
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2023/06/29
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2023/06/27
   EP - Vote in committee
2023/05/04
   EP - Committee draft report
Documents
2023/04/25
   EP - MONTEIRO DE AGUIAR Cláudia (EPP) appointed as rapporteur in TRAN
2023/04/17
   EP - Committee referral announced in Parliament
2023/03/29
   EC - Legislative proposal published
Details

PURPOSE: to conclude, on behalf of the European Union, the agreement between the European Union and Japan 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: in accordance with Council Decision (EU) 2023/362, the Agreement between the European Union and Japan on certain aspects of air services agreements between Member States of the European Union and Japan was signed on 20 February 2023, subject to its conclusion at a later date. The Agreement should be approved.

CONTENT: the purpose of the draft Council Decision is to approve, on behalf of the Union, the Agreement between the European Union and Japan on certain aspects of air services. The purpose of the Agreement is to bring the bilateral air services agreements between 13 Member States and Japan into line with EU law.

Documents
2022/12/15
   EC - Document attached to the procedure
2022/12/15
   EP - Preparatory document
Details

PURPOSE: to conclude, on behalf of the European Union, the agreement between the European Union and Japan 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 (the “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 Japan that supersedes certain provisions in the existing bilateral air services agreements between Member States and Japan. The negotiations on the Agreement having been successfully concluded, it is now necessary to approve the Agreement on behalf of the European Union.

CONTENT: The Commission proposes that the Council decide to approve on behalf of the Union the Agreement between the European Union and Japan on certain aspects of air services.

The purpose of this Agreement is to bring the bilateral air services agreements between 13 Member States and Japan in line with EU law.

However, traditional designation clauses in Member States’ bilateral air services agreements infringe Union law. They allow a third country to reject, withdraw or suspend the permissions or authorisations of an air carrier that has been designated by a Member State but that is not substantially owned and effectively controlled by that Member State or its nationals.

This has been found to constitute discrimination against EU air carriers established in the territory of a Member State but owned and controlled by nationals of other Member States. This is contrary to Article 49 of the Treaty on the Functioning of the European Union which guarantees nationals of Member States who have exercised their freedom of establishment the same treatment in the host Member State as that accorded to nationals of that Member State.

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.

Documents

History

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

docs/2
date
2023-06-29T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/A-9-2023-0221_EN.html title: A9-0221/2023
type
Committee report tabled for plenary, 1st reading/single reading
body
EP
events/4/summary
  • The Committee on Transport and Tourism adopted the report by Cláudia MONTEIRO DE AGUIAR (EPP, PT) on the draft Council decision on the conclusion on behalf of the Union of the Agreement between the European Union and Japan on certain provisions of the air service agreements between Member States of the European Union and Japan.
  • The committee responsible recommended that the European Parliament give its consent to the conclusion of the agreement.
  • The Commission has negotiated an agreement with Japan to replace certain provisions in the already existing bilateral air services agreements between Member States and Japan in order to bring the bilateral air services agreements in line with EU law, as requested by the Court of Justice in the so-called “Open Skies” cases of 2002.
  • On this basis, the Agreement will bring the bilateral air services agreements between 13 Member States (Austria, Belgium, Denmark, Finland, France, Germany, Greece, Hungary, Italy, the Netherlands, Poland, Spain, Sweden) and Japan in line with the EU law.
  • The Agreement provides all EU air carriers non-discriminatory access to routes between the European Union and Japan. 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: any EU carrier can fly from any Member State that has a bilateral agreement with Japan where unused traffic rights are available.
forecasts/0
date
2023-07-11T00:00:00
title
Vote in plenary scheduled
forecasts/0
date
2023-07-10T00:00:00
title
Indicative plenary sitting date
docs/2
date
2023-06-29T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/A-9-2023-0221_EN.html title: A9-0221/2023
type
Committee report tabled for plenary, 1st reading/single reading
body
EP
events/4
date
2023-06-29T00:00:00
type
Committee report tabled for plenary, 1st reading/single reading
body
EP
docs
url: https://www.europarl.europa.eu/doceo/document/A-9-2023-0221_EN.html title: A9-0221/2023
procedure/stage_reached
Old
Awaiting committee decision
New
Awaiting Parliament's vote
events/3
date
2023-06-27T00:00:00
type
Vote in committee
body
EP
forecasts/0
date
2023-06-27T00:00:00
title
Vote scheduled in committee
procedure/Other legal basis
Rules of Procedure EP 159
committees/0/shadows/4
name
ZĪLE Roberts
group
European Conservatives and Reformists Group
abbr
ECR
commission
  • body: EC dg: Mobility and Transport commissioner: VĂLEAN Adina-Ioana
forecasts/1
date
2023-07-10T00:00:00
title
Indicative plenary sitting date
forecasts
  • date: 2023-06-27T00:00:00 title: Vote scheduled in committee
committees/0
type
Responsible Committee
body
EP
committee_full
Transport and Tourism
committee
TRAN
associated
False
rapporteur
name: MONTEIRO DE AGUIAR Cláudia date: 2023-04-25T00:00:00 group: Group of European People's Party abbr: EPP
shadows
committees/0
type
Responsible Committee
body
EP
committee_full
Transport and Tourism
committee
TRAN
associated
False
rapporteur
name: MONTEIRO DE AGUIAR Cláudia date: 2023-04-25T00:00:00 group: Group of European People's Party abbr: EPP
shadows
docs/1
date
2023-05-04T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/TRAN-PR-746986_EN.html title: PE746.986
type
Committee draft report
body
EP
committees/0/shadows/0
name
VITANOV Petar
group
Group of Progressive Alliance of Socialists and Democrats
abbr
S&D
committees/0/shadows
  • name: HAIDER Roman group: Identity and Democracy abbr: ID
committees/0/rapporteur
  • name: MONTEIRO DE AGUIAR Cláudia date: 2023-04-25T00:00:00 group: Group of European People's Party abbr: EPP
events/2
date
2023-04-17T00:00:00
type
Committee referral announced in Parliament
body
EP
procedure/dossier_of_the_committee
  • TRAN/9/11029
procedure/stage_reached
Old
Preparatory phase in Parliament
New
Awaiting committee decision
docs/1
date
2023-03-29T00:00:00
docs
title: 07028/2023
type
Legislative proposal
body
CSL
events/1/summary
  • PURPOSE: to conclude, on behalf of the European Union, the agreement between the European Union and Japan 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: in accordance with Council Decision (EU) 2023/362, the Agreement between the European Union and Japan on certain aspects of air services agreements between Member States of the European Union and Japan was signed on 20 February 2023, subject to its conclusion at a later date. The Agreement should be approved.
  • CONTENT: the purpose of the draft Council Decision is to approve, on behalf of the Union, the Agreement between the European Union and Japan on certain aspects of air services. The purpose of the Agreement is to bring the bilateral air services agreements between 13 Member States and Japan into line with EU law.
docs/1
date
2023-03-29T00:00:00
docs
title: 07028/2023
type
Legislative proposal
body
CSL
events/1
date
2023-03-29T00:00:00
type
Legislative proposal published
body
EC
docs
title: 07028/2023
docs/1
date
2022-12-15T00:00:00
docs
type
Preparatory document
body
EC
events/0/summary
  • PURPOSE: to conclude, on behalf of the European Union, the agreement between the European Union and Japan 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 (the “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 Japan that supersedes certain provisions in the existing bilateral air services agreements between Member States and Japan. The negotiations on the Agreement having been successfully concluded, it is now necessary to approve the Agreement on behalf of the European Union.
  • CONTENT: The Commission proposes that the Council decide to approve on behalf of the Union the Agreement between the European Union and Japan on certain aspects of air services.
  • The purpose of this Agreement is to bring the bilateral air services agreements between 13 Member States and Japan in line with EU law.
  • However, traditional designation clauses in Member States’ bilateral air services agreements infringe Union law. They allow a third country to reject, withdraw or suspend the permissions or authorisations of an air carrier that has been designated by a Member State but that is not substantially owned and effectively controlled by that Member State or its nationals.
  • This has been found to constitute discrimination against EU air carriers established in the territory of a Member State but owned and controlled by nationals of other Member States. This is contrary to Article 49 of the Treaty on the Functioning of the European Union which guarantees nationals of Member States who have exercised their freedom of establishment the same treatment in the host Member State as that accorded to nationals of that Member State.
  • 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.