10 European Common Aviation Area
| (27378)
7596/06
COM(06)113
| Draft Decision on the signature and provisional application of the multilateral agreement between the Republic of Albania, Bosnia and Herzegovina, the Republic of Bulgaria, the Republic of Croatia, the European Community, the Republic of Iceland, the former Yugoslav Republic of Macedonia, the Kingdom of Norway, Serbia and Montenegro, Romania and the United Nations Interim Administration Mission in Kosovo on the establishment of a European Common Aviation Area (ECAA)
Draft Decision on the conclusion of the multilateral agreement between the Republic of Albania, Bosnia and Herzegovina, the Republic of Bulgaria, the Republic of Croatia, the European Community, the Republic of Iceland, the former Yugoslav Republic of Macedonia, the Kingdom of Norway, Serbia and Montenegro, Romania and the United Nations Interim Administration Mission in Kosovo on the establishment of a European Common Aviation Area (ECAA)
|
| Legal base | Articles 80 and 300EC; consultation; QMV
|
| Department | Transport |
| Basis of consideration | Minister's letter of 18 May 2006
|
| Previous Committee Report | HC 34-xxvi (2005-06), para 11 (26 April 2006)
|
| To be discussed in Council | Not known
|
| Committee's assessment | Politically important
|
| Committee's decision | Cleared
|
Background
10.1 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.
10.2 The draft Decisions in this document would authorise
the signature, provisional application and conclusion of a multilateral
air services agreement between the Community and Albania, Bosnia
and Herzegovina, Bulgaria, Croatia, Iceland, the former Yugoslav
Republic of Macedonia, Norway, Serbia and Montenegro, Romania
and the United Nations Interim Administration Mission in Kosovo.
The agreement would create an expanded common air services market
to be known as the European Common Aviation Area (ECAA) and supersede
bilateral air services agreements between Member States and the
other partners. The agreement includes standard wording in an
article about suspension of its application to Gibraltar airport.[29]
10.3 When we considered the document in April 2006
we said this agreement seemed very largely unexceptionable.
But we asked, in relation to the proposed suspension of its
application to Gibraltar airport, to hear from the Government
about:
- the practical effect of such
a suspension, particularly whether supersession of any UK bilateral
air services agreements with members of the ECAA 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.
Meanwhile we kept the document under scrutiny.
The Minister's letter
10.4 The Parliamentary Under-Secretary of State,
Department of Transport (Derek Twigg) first reminds us of the
background saying that:
- because of Spanish concerns
in relation to the sovereignty issue Gibraltar is suspended from
any Community legislation on aviation;
- this has been so as Gibraltar rejected the 1987
Airport Agreement and the UK and Spain subsequently came to an
understanding that any legislation would contain clauses suspending
its application to Gibraltar; and
- since then, the UK's bilateral air services agreements
have continued to be applied to air services to and from Gibraltar.
10.5 The Minister continues that:
- until Spain lifts its block
on all Community aviation measures applying to Gibraltar, the
opportunities to airlines under the UK's bilateral air services
agreements with Member States and countries applying the ECAA
will continue to be available;
- bilateral agreements will be superseded in respect
of Gibraltar only when the ECAA Agreement can be applied to Gibraltar;
and
- therefore suspension of the ECAA for Gibraltar
will have no detrimental effect on existing air services or on
the opportunities currently available to airlines to operate to
Gibraltar.
10.6 As for involvement of the Gibraltar Government,
the Minister says the Government is in discussion with it and
the Spanish Government, within the Trilateral Forum, on a new
agreement concerning Gibraltar Airport. Such an agreement is currently
being drafted. Should it be acceptable to all sides and come into
existence there would be a strong possibility that Spain would
lift its block on all Community aviation measures applying to
Gibraltar.
Conclusion
10.7 We are grateful to the Minister for this
explanation of the present position in relation to Gibraltar Airport.
10.8 We have no further questions on the agreement
and clear the document.
29 "The 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
|
