Select Committee on European Scrutiny Twenty-Eighth Report


4 Aviation agreements

(27406)

8248/06

COM(06)145

Draft Decision on the signature and provisional application of the Euro-Mediterranean Aviation Agreement between the European Community and its Member States and the Kingdom of Morocco

Draft Decision on the conclusion of the Euro-Mediterranean Aviation Agreement between the European Community and its Member States and the Kingdom of Morocco

Legal baseArticles 80 and 300EC; consultation; QMV
Document originated30 March 2006
Deposited in Parliament5 April 2006
DepartmentTransport
Basis of considerationEM of 27 April 2006
Previous Committee ReportNone
To be discussed in CouncilNot known
Committee's assessmentPolitically important
Committee's decisionNot cleared; further information requested

Background

4.1 Since 1987 a single market for air services in the Community has been progressively established. Community legislation has extended the scope of this single market beyond purely economic matters to embrace the areas of safety, security, air traffic management, social harmonisation and the environment. The Community has the competence to conclude air services agreements with third countries and to require meanwhile revision of bilateral air services agreements to eliminate provisions discriminatory against other Member States.

The document

4.2 These draft Decisions would authorise the signature, provisional application and conclusion of an aviation agreement between the Community and the Member States on the one hand and Morocco on the other.

4.3 The agreement would:

  • integrate Morocco into the Community's single aviation market;
  • provide for alignment of Morocco's aviation legislation with that of the Community in relation to safety, security, air traffic management, economic regulation competition, environmental standards, social harmonisation and consumer protection; and
  • supersede in almost every respect bilateral air services agreements between Member States and Morocco.

4.4 The agreement includes wording about suspension of its application to Gibraltar airport.[7]

The Government's view

4.5 The Parliamentary Under-Secretary of State, Department of Transport (Mr Derek Twigg) says that the Government supports this agreement, which would provide airlines with opportunities to operate services between any points within the Community and Morocco. He adds that UK aviation interests have been involved in the negotiations and that there are no financial implications that would affect the Government or UK industry.

Conclusion

4.6 The proposal to endorse this agreement seems very largely unexceptionable. However, we are uncertain as to how this agreement relates, if at all, to the multilateral air services agreement creating a European Common Aviation Area covering the Member States of the Community and other European countries, which we have presently under scrutiny.[8] Moreover, we note, as with the multilateral agreement, the proposed suspension of the application of the agreement with Morocco to Gibraltar airport.

4.7 Before considering the document further we should like to know from the Government:

  • how this agreement relates, if it does, to the multilateral agreement;
  • the practical effect of the suspension of the agreement in relation to Gibraltar airport, particularly whether supersession of the UK bilateral air services agreement with Morocco would put Gibraltar in a more disadvantageous position that at present; and
  • what consultations there have been with the Gibraltar Government on this aspect of the ongoing airport issue.

4.8 Meanwhile we do not clear the document.


7   "… application of this Agreement to Gibraltar airport is understood to be without prejudice to the respective legal positions of the Kingdom of Spain and the United Kingdom with regard to the dispute over sovereignty over the territory in which the airport is situated; application of this Agreement to Gibraltar airport shall be suspended until the arrangements in the Joint Declaration made by the Foreign Ministers of the Kingdom of Spain and the United Kingdom on December 2 1987 enter into operation." Back

8   See (27378) 7596/06: HC 34-xxvi (2005-06), para 11 (26 April 2006). Back


 
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