15 Aviation policy
| (a)
(26436)
7214/05
+ ADD1
COM(05) 79
(b)
(26438)
7369/05
COM(05) 77
|
Commission Communication: Developing the agenda for the Community's external aviation policy and Commission staff working paper: Annex to the Commission Communication
Commission Communication: A framework for developing relations with the Russian Federation in the field of air transport
|
| Legal base | — |
| Documents originated | (a) 11 March 2005
(b) 14 March 2005
|
| Deposited in Parliament | 21 March 2005
|
| Department | Transport |
| Basis of consideration | EMs of 8 April 2005
|
| Previous Committee Report | None; but see (24384) 7047/03: HC 63-xxii (2002-03), para 9 (21 May 2003)
|
| To be discussed in Council | Not known
|
| Committee's assessment | Politically important
|
| Committee's decision | Not cleared; further information requested
|
Background
Section 1.105 15.1 A judgment of the European Court of Justice
in November 2002 found that Member States' bilateral air service
agreements infringed EC law — principally by discriminating
on grounds of nationality, so limiting freedom of establishment
— and identified areas in which the Community has competence
in respect of air service agreements. This effectively marked
the start of a Community external aviation policy and since then
the Commission has been mandated to negotiate a comprehensive
air services agreement with the US Government and so-called "horizontal
agreements" with all third countries to bring Member States'
bilateral agreements with those countries into line with Community
law.
The documents
Section 1.106 15.2 In its Communication at document (a) the
Commission sets out its proposals for developing future external
aviation policy as part of the Community's wider external policies.
The Commission argues that the best way to promote new opportunities
for opening markets and investment by airlines, benefits for users,
fair competition, environmental and safety regulation would be
to move increasingly from bilateral agreements with third countries
towards agreements between the Community and those countries.
It suggests that such agreements should be based on the twin objectives
of opening up markets and ensuring fair competition.
Section 1.107 15.3 The Commission proposes to take forward
an external aviation policy that would:
· continue
to bring existing air services agreements into compliance with
the European Court of Justice ruling;
· create
by 2010 a common aviation area comprising the Community and southern
and eastern neighbours; and
· secure
comprehensive regional agreements, especially with the US, China
and Russia.
Section 1.108 15.4 The Commission staff working
document at document (a) contains an annex with background information
on the Community aviation industry and a second annex with information
about a model horizontal agreement. The latter contains some misrepresentation
of the function of the European Aviation Safety Agency (EASA)
implying incorrectly that the EASA, rather than Member States,
oversees all safety matters in the Community and is responsible
for the issue of aircraft airworthiness certificates, air operators'
certificates and pilots' licences.
Section 1.109 15.5 In its Communication at document
(b) the Commission sets out its case for a comprehensive air service
agreement with the Russian Federation and recommends that the
Council authorise it to negotiate a comprehensive air transport
agreement between the Community and the Federation.
Section 1.110 15.6 The Commission notes that
the aviation sector is significant in the transport links between
the Community and Russia and represents an important element in
developing relations between the two parties. It argues that the
growing economic and political partnership, under the framework
of the Partnership and Cooperation Agreement and the four "Common
Spaces"[51] agreed
at the EU-Russia St Petersburg summit in May 2003, provides a
good foundation from which to pursue a comprehensive air transport
agreement.
Section 1.111 15.7 The Commission envisages the
possibility of cooperation in a number of areas, including modernisation
of airport infrastructure, the aerospace industry, alignment of
safety, security and environmental standards, training and research,
and the growth of air transport markets. It says one aim of a
comprehensive agreement would be to resolve outstanding legal
issues in relation to existing bilateral agreements between Russia
and the Member States. The Commission also proposes to address
broader issues, including opening up the EU-Russia aviation market
and current problem areas such as Siberian overflight royalty
payments and compliance with Community noise and safety standards.
The Government's view
Section 1.112 15.8 The then Minister of State,
Department of Transport (Mr Tony McNulty) says:
· the
Government accepts that traditional designation clauses in existing
bilateral air services agreements are potentially discriminatory
and supports negotiating horizontal agreements with third countries;
· expansion
of liberalised arrangements with neighbouring countries would
be consistent with the Government's general policy, giving UK
airlines opportunities to operate services from any country that
is party to a horizontal agreement or that is part of a common
aviation area; and
· the
Government will consult stakeholders and other Member States before
forming a view on the Commission's proposals to negotiate comprehensive
agreements with other third countries such as Russia and China.
The Minister adds, in relation to the proposed negotiation
with Russia and its consultations with stakeholders and other
Member States, that the Government broadly supports the Commission's
overall objectives of liberalisation and de-restriction of air
services markets between Russia and the Community, securing economic
benefits, promotion of co-operation, and resolution of particular
problems that have arisen in aviation relations between Member
States and the Russian Federation.
Conclusion
Section 1.113 15.9 These documents may have
important implications for the development of the Community's
aviation sector. Before considering them further we should like
to have from the Government an account of the outcome of its consultations
with stakeholders and other Member States. We should also
like to know what response the Commission has made to the comments
we presume the Government has made to it about the inaccurate
description of the role of the European Aviation Safety Agency.
Section 1.114 15.10 Meanwhile we do not clear
the documents.
51 A common economic space, a common space of freedom,
security and justice, a common space of cooperation in the field
of external security and a common space on research, education
and culture. Back
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