Explanatory Memorandum to COM(2007)366 - Conclusion of Protocols amending the Agreements on certain aspects of air services between the EC and - the Government of Georgia - Lebanon - Maldives - Moldova - the Government of Singapore and - the Oriental Republic of Uruguay to take account of the accession to the EU of Bulgaria and Romania - Main contents
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| dossier | COM(2007)366 - Conclusion of Protocols amending the Agreements on certain aspects of air services between the EC and - the Government of ... |
|---|---|
| source | COM(2007)366  |
| date | 28-06-2007 |
Grounds for and objectives of the proposal 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 a Community agreement i (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.
General context The European Community signed a horizontal aviation agreement with Georgia on 3 May 2006, with Lebanon on 7 July 2006, with the Maldives on 21 September 2006, with Moldova on 11 April 2006, with Singapore on 9 June 2006, and with Uruguay on 3 November 2006. These agreements bring existing bilateral air services agreements between the third countries and EU Member States in line with Community law. The Protocols provide for the necessary technical and linguistic adaptations of the horizontal agreements that ensue from the accession of the Republic of Bulgaria and the Republic of Romania.
Existing provisions in the area of the proposal The provisions of the Agreements amended by the Protocols supersede or complement the existing provisions in the bilateral air services agreements between Bulgaria and Romania and the third countries.
Consistency with the other policies and objectives of the Union The Agreements will serve a fundamental objective of the Community external aviation policy by bringing existing bilateral air services agreements in line with Community law.
Consultation of interested parties
Consultation methods, main sectors targeted and general profile of respondents Not relevant
Summary of responses and how they have been taken into account Not relevant
Contents
- LEGAL ELEMENTS OF THE PROPOSAL
- BUDGETARY IMPLICATION
- CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT
- Legal basis EC Treaty Art. 80(2), 300(2) and (3)
- Choice of instruments
- ADDITIONAL INFORMATION
- 1. 2007/0125 (CNS)
- Article 1
- Article 2
- For the Council
- ANNEX I
- of the one PART, and
- Article 1
- Article 2
- Article 3
- Article 4
- ANNEX II
- of the one part, and
- Article 1
- Article 2
- Article 3
- Article 4
- ANNEX III
- of the one part, and
- Article 1
- Article 2
- At the point b.) Refusal, revocation, suspension or limitation of authorisations or
- Intentionally left blank
- Article 3
- Article 4
- ANNEX IV
- ON CERTAIN ASPECTS OF AIR SERVICES
- of the one part, and
- Article 1
- Article 2
- Article 3
- Article 4
- ANNEX V
- of the one PART, and
- Article 1
- Article 2
- Article 3
- Article 4
- ANNEX VI
- of the one part, and
- Article 1
- Article 2
- Article 3
- Article 4
Summary of the proposed action In accordance with the mechanisms and directives in the Annex to the ”horizontal mandate”, the Commission has signed the agreements with third countries that replace certain provisions in the existing bilateral air services agreements between Member States and the third countries. The Protocol ensures the necessary replacements for the bilateral air services agreements between third countries and Bulgaria and Romania following their accession to the EU on 1 January 2007. The relevant provisions will be added to the Annex of each of the horizontal agreements between Georgia, Lebanon, the Maldives, Moldova, Singapore, Uruguay and the European Community.
Subsidiarity principle The proposal is entirely based on the “horizontal mandate” granted by the Council which takes into account the issues covered by Community law as well as bilateral air services agreements of Member States.
Proportionality principle The Protocol will amend or complement provisions in bilateral air services agreements only to the extent necessary to ensure compliance with Community law.
The Protocols amending the Agreements between the Community and the third countries is the most efficient instrument to bring existing bilateral air services agreements between the Republic of Bulgaria and the Republic of Romania with the above third countries into conformity with Community law.
The proposal has no implication for the Community budget.
Simplification
The proposal provides for simplification of legislation.
The relevant provisions of bilateral air services agreements between the Republic of Bulgaria and Georgia, the Republic of Lebanon, the Republic of Maldives, the Republic of Moldova, the Republic of Singapore, respectively, as well as between the Republic of Romania and Georgia, the Republic of Lebanon, the Republic of Moldova, the Republic of Singapore, the Oriental Republic of Uruguay, respectively, will be superseded or complemented by provisions in one single Community agreement.
Detailed explanation of the proposal In accordance with the standard procedure for the amending of international agreements, the Council is asked to approve - the Protocol amending the Agreement between the European Community and the Government of Georgia on certain aspects of air services; - the Protocol amending the Agreement between the European Community and the Republic of Lebanon on certain aspects of air services; - the Protocol amending the Agreement between the European Community and the Republic of Maldives on certain aspects of air services; - the Protocol amending the Agreement between the European Community and the Republic of Moldova on certain aspects of air services; - the Protocol amending the Agreement between the European Community and the Government of the Republic of Singapore on certain aspects of air services ; and - the Protocol amending the Agreement between the European Community and the Oriental Republic of Uruguay on certain aspects of air services to take account of the accession to the European Union of the Republic of Bulgaria and the Republic of Romania and to authorise the President of the Council to give the notification provided in the Protocols on behalf of the Community.
Proposal for a
COUNCIL DECISION
on the conclusion of Protocols amending the Agreements on certain aspects of air services between the European Community and - the Government of Georgia - the Republic of Lebanon - the Republic of Maldives - the Republic of Moldova - the Government of the Republic of Singapore and - the Oriental Republic of Uruguay to take account of the accession to the European Union of the Republic of Bulgaria and the Republic of Romania
THE COUNCIL OF THE EUROPEAN UNION,
HAVING regard to the Treaty establishing the European Community, and in particular its Articles 80, paragraph 2, in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3).
HAVING regard to the act of accession of the Republic of Bulgaria and the Republic of Romania in the European Union, and in particular its Article 6 (2),
HAVING regard to the proposal from the Commission,
HAVING regard to the Opinion of the European Parliament,
whereas:
the Republic of Bulgaria and the Republic of Romania each signed a bilateral agreement concerning air services with Georgia, respectively on 19 January 1995 and 26 March 1996;
the Agreement between the European Community and the Government of Georgia on certain aspects of air services was signed in Brussels on 3 May 2006 (hereinafter named 'the horizontal agreement');
the Republic of Bulgaria and the Republic of Romania each signed a bilateral agreement concerning air services with the Republic of Lebanon, respectively on 17 February 1967 and 25 February 1967;
the Agreement between the European Community and the Republic of Lebanon on certain aspects of air services was signed in Beirut on 7 July 2006 (hereinafter named 'the horizontal agreement');
the Republic of Bulgaria signed a bilateral agreement concerning air services with the Republic of Maldives on 13 August 2006 in Male;
the Agreement between the European Community and the Republic of Maldives on certain aspects of air services was signed in Brussels on 21 September 2006 (hereinafter named 'the horizontal agreement');
the Republic of Bulgaria and the Republic of Romania each signed a bilateral agreement concerning air services with the Republic of Moldova, respectively on 17 April 1996 and 28 Jun 1993;
the Agreement between the European Community and the Republic of Moldova on certain aspects of air services was signed in Brussels on 11 April 2006 (hereinafter named 'the horizontal agreement');
the Republic of Bulgaria and the Republic of Romania each signed a bilateral agreement concerning air services with the Republic of Singapore, respectively on 28 November 1969 and 11 January 1976;
the Agreement between the European Community and the Government of the Republic of Singapore on certain aspects of air services was signed in Luxembourg on 9 June 2006 (hereinafter named 'the horizontal agreement');
the Republic of Romania signed a bilateral agreement concerning air services with the Oriental Republic of Uruguay on 31 May 1996 in Bucharest;
the Agreement between the European Community and the Oriental Republic of Uruguay on certain aspects of air services was signed in Montevideo on 3 November 2006 (hereinafter named 'the horizontal agreement');
the Treaty on the adhesion of the Republic of Bulgaria and the Republic of Romania to the European Union, was signed in Luxembourg on 25 April 2005 and entered into force on 1 January 2007;
a Protocol amending Annexes I and II of each of the above horizontal agreements is necessary to take account of the accession of the two new Member States;
negotiations are based on the negotiating mandate granted by the Council to the Commission on 5 June 2003;
a Protocol has been negotiated with:
Georgia on………………..; with
the Republic of Lebanon on……………….; with
the Republic of Maldives on………………; with
the Republic of Moldova on………………; with
the Republic of Singapore on……………..; and
the Oriental Republic of Uruguay on……………;
consequently, the Protocols must be concluded on behalf of the European Community;
HAS DECIDED AS FOLLOWS:
The following Protocols are hereby approved on behalf of the European Community:
- Protocol amending the Agreement between the European Community and the Government of Georgia on certain aspects of air services;
- Protocol amending the Agreement between the European Community and the Republic of Lebanon on certain aspects of air services;
- Protocol amending the Agreement between the European Community and the Republic of Maldives on certain aspects of air services;
- Protocol amending the Agreement between the European Community and the Republic of Moldova on certain aspects of air services;
- Protocol amending the Agreement between the European Community and the Government of the Republic of Singapore on certain aspects of air services;
- Protocol amending the Agreement between the European Community and the Oriental Republic of Uruguay on certain aspects of air services;
The text of the Protocols is attached to this decision.
The President of the Council is hereby authorised to give the notification provided for in Article 3 of each of the Protocols on behalf of the European Community.
Done at Brussels, […]
The President
[…]
DRAFT
PROTOCOL AMENDING THE
AGREEMENT
BETWEEN THE EUROPEAN COMMUNITY
AND THE GOVERNMENT OF GEORGIA
ON CERTAIN ASPECTS OF AIR SERVICES
THE EUROPEAN COMMUNITY,
THE GOVERNMENT OF GEORGIA,
of the other part,
(hereinafter referred to as “ parties”),
HAVING regard to the Agreements between the Republic of Bulgaria and the Republic of Romania, and Georgia, signed respectively on 19 January 1995 at Sofia and 26 March 1996 at Tbilisi,
HAVING regard to the Agreement between the European Community and the Government of Georgia on certain aspects of air services, signed in Brussels on 3 May 2006 (hereinafter 'the horizontal agreement'),
HAVING regard to the accession of the Republic of Bulgaria and the Republic of Romania to the European Union and therefore to the Community on 1 January 2007,
HAVE AGREED AS FOLLOWS:
The following provisions are added to Annex I, point (a) of the horizontal agreement:
- Agreement between the Government of the Republic of Bulgaria and the Government of the Republic of Georgia concerning air services, done at Sofia on 19 January 1995, hereinafter referred to as "Georgia – Bulgaria Agreement"
- Agreement between the Government of the Republic of Romania and the Government of Georgia concerning air services, done at Tbilisi on 26 March 1996, hereinafter referred to as "Georgia – Romania Agreement"
The following provisions are added to Annex II of the horizontal agreement:
At point (a) 'Designation by a Member State':
- Article 3, paragraph 5 of the Georgia – Bulgaria Agreement;
- Article 3, paragraph 4 of the Georgia – Romania Agreement;
At point (b) 'Refusal, revocation, suspension or limitation of authorisations or permissions':
- Article 4, paragraph 1 (a) of the Georgia – Bulgaria Agreement;
- Article 4, paragraph 1 (a) of the Georgia – Romania Agreement;
At point (d) 'Taxation of aviation fuel':
- Article 5 of the Georgia – Bulgaria Agreement;
- Article 9 of the Georgia – Romania Agreement;
At point (e) 'Tariffs for carriage within the European Community':
- Article 6 of the Georgia – Bulgaria Agreement;
- Article 8 of the Georgia – Romania Agreement;
This Protocol shall enter into force when the Parties have notified each other in writing that their respective internal procedures necessary for its entry into force have been completed.
Done at [….] in duplicate, on this […] day of […, …] in Bulgarian, Czech, Danish, Dutch, German, English, Spanish, Estonian, Finnish, French, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Swedish and Georgian each of these texts being equally authentic.
DRAFT
PROTOCOL AMENDING THE
AGREEMENT
BETWEEN THE EUROPEAN COMMUNITY
AND THE REPUBLIC OF LEBANON
ON CERTAIN ASPECTS OF AIR SERVICES
THE EUROPEAN COMMUNITY,
THE REPUBLIC OF LEBANON,
of the other part,
(hereinafter referred to as “ parties”),
HAVING regard to the agreements between the Republic of Bulgaria and the Republic of Romania, and the Republic of Lebanon, signed respectively on 17 February 1967 in Beirut and 25 February 1967 in Beirut,
HAVING regard to the Agreement between the European Community and the Republic of Lebanon on certain aspects of air services, signed in Beirut on 7 July 2006 (hereinafter 'the horizontal agreement'),
HAVING regard to the accession of the Republic of Bulgaria and the Republic of Romania to the European Union and therefore to the Community on 1 January 2007,
HAVE AGREED AS FOLLOWS:
The following provisions are added to Annex I, point (a) of the horizontal agreement:
- Agreement between the Government of the Republic of Bulgaria and the Government of the Republic of Lebanon concerning air services, done at Beirut on 17 February 1967 hereinafter referred to "Lebanon – Bulgaria Agreement"
- Agreement between the Government of the Republic of Romania and the Government of the Republic of Lebanon concerning air services, done at Beirut on 25 February 1967, hereinafter referred to "Lebanon – Romania Agreement"
The following provisions are added to Annex II of the horizontal agreement:
At point (a) 'Designation by a Member State':
- Article 3 of the Lebanon – Bulgaria Agreement;
- Article 3 of the Lebanon – Romania Agreement;
At point (b) 'Refusal, revocation, suspension or limitation of authorisations or permissions':
- Article 3 of the Lebanon – Bulgaria Agreement;
- Article 3 of the Lebanon – Romania Agreement;
At point (d) 'Taxation of aviation fuel':
- Article 6 of the Lebanon – Bulgaria Agreement;
- Article 8 of the Lebanon – Romania Agreement;
At point (e) 'Tariffs for carriage within the European Community':
- Article 10 of the Lebanon – Bulgaria Agreement;
- Article 9 of the Lebanon – Romania Agreement;
This Protocol shall enter into force when the Parties have notified each other in writing that their respective internal procedures necessary for its entry into force have been completed.
Done at [….] in duplicate, on this […] day of […, …], in Bulgarian, Czech, Danish, Dutch, German, English, Spanish, Estonian, Finnish, French, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Swedish, Czech and Arabic languages, each of these texts being equally authentic.
DRAFT PROTOCOL AMENDING THE AGREEMENT BETWEEN THE
EUROPEAN COMMUNITY AND THE REPUBLIC OF MALDIVES ON CERTAIN
ASPECTS OF AIR SERVICES
THE EUROPEAN COMMUNITY,
THE REPUBLIC OF MALDIVES,
of the other part,
hereinafter referred to as “ parties”,
HAVING regard to the Agreement between the Republic of Bulgaria and the Republic of Maldives, signed on 13 August 2006 in Male,
HAVING regard to the Agreement between the European Community and the Republic of Maldives on certain aspects of air services, signed in Brussels 21 September 2006 (hereinafter 'the horizontal agreement'),
HAVING regard to the accession of the Republic of Bulgaria in the European Union and therefore to the Community on 1 January 2007,
HAVE AGREED AS FOLLOWS:
The following provisions are added to Annex I, point a) of the horizontal agreement:
- Agreement between the Government of the Republic of Bulgaria and the Government of the Republic of Maldives concerning air services, done at Male on 13 August 2006, hereinafter referred to "Maldives – Bulgaria Agreement"
The following provisions are added to Annex II of the horizontal agreement:
At the point a.) Designation by a Member State:
Article 3, Paragraph 1 of the Maldives – Bulgaria Agreement;
permissions:
Article 4, Paragraph 1 (a) of the Maldives – Bulgaria Agreement;
At the point c.) Safety:
At the point d.) Taxation of aviation fuel:
Article 7 of the Maldives – Bulgaria Agreement;
At the point e.) Tariffs for carriage within the European Community:
Article 9 of the Maldives – Bulgaria Agreement;
This Protocol shall enter into force when the Parties have notified each other in writing that their respective internal procedures necessary for its entry into force have been completed.
Done at [….] in duplicate, on this […] day of […, …]in Bulgarian, Czech, Danish, Dutch, German, English, Spanish, Estonian, Finnish, French, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Swedish and Maldivian Dhivehi languages, each of these texts being equally authentic.
DRAFT
PROTOCOL AMENDING
ANNEXES I AND II TO THE AGREEMENT
BETWEEN THE EUROPEAN COMMUNITY
AND THE REPUBLIC OF MOLDOVA,
THE EUROPEAN COMMUNITY,
THE REPUBLIC OF MOLDOVA,
of the other part,
hereinafter referred to as “the parties”,
Having regard to the Agreements between the Republic of Bulgaria and the Republic of Romania, and the Republic of Moldova, signed respectively on 17 April 1996 at Sofia and 28 June 1993 at Chisinau,
Having regard to the Agreement between the European Community and the Republic of Moldova on certain aspects of air services, signed at Brussels on 11 April 2006 (hereinafter referred to as “the horizontal agreement"),
Having regard to the accession of the Republic of Bulgaria and the Republic of Romania to the European Union, and therefore to the Community, on 1 January 2007,
HAVE AGREED AS FOLLOWS:
The following provisions are added to Annex I, point (a) of the horizontal agreement:
- 'Agreement between the Government of the Republic of Bulgaria and the Government of the Republic of Moldova concerning air services between their territories and beyond, signed at Sofia on 17 April 1996, hereinafter referred to as 'the Moldova – Bulgaria Agreement;
- Agreement between the Government of the Republic of Romania and the Government of the Republic of Moldova concerning air services, signed at Bucharest on 28 June 1993, as last amended by the exchange of notes signed at Bucharest on 12 May 2004, hereinafter referred to as "the Moldova – Romania Agreement";"
The following provisions are added to Annex II to the horizontal agreement:
In point (a) (Designation by a Member State):
- "Article 3(5) of the Moldova – Bulgaria Agreement
- Article 3(4) of the Moldova – Romania Agreement."
In point (b) (Refusal, revocation, suspension or limitation of authorisations or permissions):
- "Article 4(1)(a) of the Moldova – Bulgaria Agreement;
- Article 4(1)(a) of the Moldova – Romania Agreement."
In point (d) (Taxation of aviation fuel) :
- "Article 7 of the Moldova – Bulgaria Agreement;
- Article 9 Moldova – Romania Agreement."
In point (e) (Tariffs for carriage within the European Community):
- "Article 9 of the Moldova – Bulgaria Agreement;
- Article 8 of the Moldova – Romania Agreement."
This Protocol shall enter into force when the Parties have notified each other in writing that their respective internal procedures necessary for its entry into force have been completed.
Done at [….] in duplicate, on this […] day of […, …] in Bulgarian, Czech, Danish, Dutch, German, English, Danish, Spanish, Estonian, Finnish, French, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Swedish, and Moldovan, each of these texts being equally authentic.
DRAFT
PROTOCOL AMENDING THE
AGREEMENT
BETWEEN THE EUROPEAN COMMUNITY
AND THE GOVERNMENT OF THE REPUBLIC OF SINGAROPE
ON CERTAIN ASPECTS OF AIR SERVICES
THE EUROPEAN COMMUNITY,
THE GOVERNMENT OF THE REPUBLIC OF SINGAPORE,
of the other part,
(hereinafter referred to as “ parties”),
HAVING regard to the Agreements between the Republic of Bulgaria and the Republic of Romania, and the Government of the Republic of Singapore, signed respectively on 28 November 1969 at Singapore and 11 January 1976 at Singapore,
HAVING regard to the Agreement between the European Community and the Government of the Republic of Singapore on certain aspects of air services, signed in Luxembourg on 9 June 2006 (hereinafter 'the horizontal agreement'),
HAVING regard to the accession of the Republic of Bulgaria and the Republic of Romania in the European Union and therefore to the Community on 1 January 2007,
HAVE AGREED AS FOLLOWS:
The following provisions are added to Annex I, point (a) of the horizontal agreement:
- Agreement between the Government of the Republic of Singapore and the Government of the People's Republic of Bulgaria for air services between and beyond their respective territories, done at Singapore on 28 November 1969, hereinafter referred to as "Singapore – Bulgaria Agreement"
- Agreement between the Government of the Socialist Republic of Romania and the Government of the Republic of Singapore concerning air services, done at Singapore on 11 January 1976, hereinafter referred to as "Singapore – Romania Agreement"
The following provisions are added to Annex II of the horizontal agreement:
At point (a) 'Designation by a Member State':
- Article 3 of the Singapore – Bulgaria Agreement;
- Article 3 of the Singapore – Romania Agreement;
At point (b) 'Refusal, revocation, suspension or limitation of authorisations or permissions':
- Article 3 of the Singapore – Bulgaria Agreement;
- Article 3 of the Singapore – Romania Agreement;
At point (d) 'Tariffs for carriage within the European Community':
- Article 8 of the Singapore – Bulgaria Agreement;
- Article 9 of the Singapore – Romania Agreement;
This Protocol shall enter into force when the Parties have notified each other in writing that their respective internal procedures necessary for its entry into force have been completed.
Done at [….] in duplicate, on this […] day of […, …] in Bulgarian, Czech, Danish, Dutch, German, English, Spanish, Estonian, Finnish, French, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, and Swedish. In case of any dispute the English text shall prevail over the other language texts.
DRAFT
PROTOCOL AMENDING THE
AGREEMENT
BETWEEN THE EUROPEAN COMMUNITY
AND THE ORIENTAL REPUBLIC OF URUGUAY
ON CERTAIN ASPECTS OF AIR SERVICES
THE EUROPEAN COMMUNITY,
THE ORIENTAL REPUBLIC OF URUGUAY,
of the other part,
(hereinafter referred to as “ parties”),
HAVING regard to the Agreement between the Republic of Romania and the Oriental Republic of Uruguay, signed on 31 May 1996 in Bucharest,
HAVING regard to the Agreement between the European Community and the Oriental Republic of Uruguay on certain aspects of air services, signed in Montevideo 3 November 2006 (hereinafter 'the horizontal agreement'),
HAVING regard to the accession of the Republic of Romania to the European Union and therefore to the Community on 1 January 2007,
HAVE AGREED AS FOLLOWS:
The following provisions are added to Annex I, point (a) of the horizontal agreement:
- Agreement between the Government of the Republic of Romania and the Government of the Oriental Republic of Uruguay concerning air services, done at Bucharest on 31 May 1996, hereinafter referred to "Uruguay – Romania Agreement"
The following provisions are added to Annex II of the horizontal agreement:
At point (a) 'Designation by a Member State':
- Article 3 of the Uruguay-Romania Agreement;
At point (b) 'Refusal, revocation, suspension or limitation of authorisations or permissions':
- Article 4, Paragraph 1 of the Uruguay–Romania Agreement;
At point (d) 'Taxation of aviation fuel':
- Article 9 of the Uruguay–Romania Agreement;
At point (e) 'Tariffs for carriage within the European Community':
- Article 8 of the Uruguay–Romania Agreement;
This Protocol shall enter into force when the Parties have notified each other in writing that their respective internal procedures necessary for its entry into force have been completed.
Done at [….] in duplicate, on this […] day of […, …] in Bulgarian, Czech, Danish, Dutch, German, English, , Spanish, Estonian, Finnish, French, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, , Polish, Portuguese, Romanian, Slovak, Slovenian and Swedish. In case of divergence the Spanish text shall prevail over the other language texts.