2 Community accession to the ICAO and
IMO
| (23591)
7826/02
SEC(02) 381
| Recommendation from the Commission to the Council in order to authorise the Commission to open and conduct negotiations with the International Civil Aviation Organization (ICAO) on the conditions and arrangements for accession by the European Community
Recommendation from the Commission to the Council in order to authorise the Commission to open and conduct negotiations with the International Maritime Organization (IMO) on the conditions and arrangements for accession by the European Community
|
| Legal base | — |
| Department | Transport |
| Basis of consideration | Minister's letter of 12 July 2004
|
| Previous Committee Report | HC 152-xxxviii (2001-02), para 7 (16 October 2002)
|
| To be discussed in Council | No date set
|
| Committee's assessment | Legally and politically important
|
| Committee's decision | Not cleared; information on progress requested
|
Background
2.1 The International Civil Aviation Organization (ICAO) was established
by the Convention on International Civil Aviation adopted in Chicago
in December 1944. The aims and objectives of the ICAO are to
develop the principles and techniques of international air transport
and to foster the planning and development of international air
transport.[5]
2.2 The International Maritime Organization (IMO)
is a specialised agency of the United Nations and was established
by the 1948 Geneva Convention.[6]
It promotes maritime safety and the protection of the environment
in the event of pollution by ships. All the EC Member States
and the applicant countries are IMO members. Neither the 1944
Chicago Convention nor the 1948 Geneva Convention provides for
accession by regional groupings of states (such as the European
Community). In the case of both Conventions, an amendment to
permit accession by the European Community would require the agreement
of two-thirds of existing members.
2.3 In 2002 the Commission submitted Recommendations
to the Council seeking authorisation to negotiate amendments to
the Chicago and Geneva Conventions to permit the Community to
become a member of the ICAO and of the IMO. The Commission claimed
that a considerable body of law relating to air and sea transport
has been adopted under the EC Treaty and that this means it should
have a stronger role within the ICAO and the IMO so as better
to meet its obligations as regards external competence and to
guarantee consistency between Community and international law.[7]
2.4 We considered these Recommendations on 16 October
2002. We noted that the Government did not consider that there
was any necessity for the Community to accede to the ICAO or the
IMO in order for the Commission to meet its obligations as regards
external competence, or that membership was necessary to guarantee
consistency between Community and international law. Indeed,
we noted that the Government had strong reservations about Community
membership of either organisation and that there was little support
among other Member States for the proposal.
The Minister's letter
2.5 In his letter of 12 July 2004 the Parliamentary
Under-Secretary of State at the Department for Transport (Mr David
Jamieson) explains that, whilst there has been general support
in Council working groups for an improved and enhanced co-ordination
role for the Community at the ICAO and the IMO, there has been
no support for, and varying degrees of hostility to, EC membership
of these international bodies.
2.6 The Minister further explains that the Commission
has opened discussions with the ICAO on means to follow better
and, as necessary, to contribute to the work of the ICAO and to
ensure that Community and ICAO activities develop consistently.
With regard to the IMO, the Minister remarks that the question
of Community accession has "stalled". The Minister
adds that the Commission has not dropped its call to be given
a negotiating mandate, but that it is "not actively pursuing
it", given the opposition of the majority of Member States.
Conclusion
2.7 We thank the Minister for his letter. We
regret that the Commission does not appear to acknowledge the
strength of the opposition to its proposals, and that it has not
withdrawn its Recommendations.
2.8 We ask the Minister to continue to keep us
informed of any significant development in relation to these Recommendations,
and we shall keep the document under scrutiny in
the meantime.
5 Article 44 of the Chicago Convention. Back
6
Initially known as the Inter-governmental Maritime Consultative
Organisation (IMCO), it changed its name to the IMO in 1982. Back
7
The Commission also argues in relation to the IMO that stronger
Community participation in the IMO has become necessary in order
to prevent infringements by the Member States against their Community
obligations. This argument seems ill-founded: Community participation
in the IMO could not affect the provisions of Article 226 and
227 EC on the bringing of proceedings for infringement of the
EC Treaty. Back
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