Select Committee on European Scrutiny First Report


13 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, on the one hand, and the Kingdom of Morocco, on the other hand

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

Legal baseArticles 80 and 300EC; consultation; QMV
DepartmentTransport
Basis of considerationMinister's letter of 16 November 2006
Previous Committee ReportHC 34-xxviii (2005-06), para 4 (10 May 2006)
To be discussed in CouncilPossibly 11-12 December 2006
Committee's assessmentPolitically important
Committee's decisionCleared

Background

13.1 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 meanwhile to require revision of bilateral air services agreements to eliminate provisions discriminatory against other Member States.

13.2 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.

13.3 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.

13.4 When we considered this document in May 2006 we found the proposal to endorse the agreement very largely unexceptionable. But we asked the Government how this agreement relates, if at all, to the multilateral air services agreement creating a European Common Aviation Area (ECAA) covering the Member States of the Community and other European countries[42] and, in relation to the proposed suspension of the application of the agreement with Morocco to Gibraltar airport:

  • 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 than at present; and
  • what consultations there had been with the Gibraltar Government on this aspect of the ongoing airport issue.

We have kept the document uncleared pending answers to these points.[43]

The Minister's letter

13.5 The Parliamentary Under-Secretary of State, Department of Transport (Gillian Merron) writes now in response. In relation to the ECCA she says that:

  • it is in part an accession-driven agreement, preparing Western Balkans countries for their possible eventual accession to the EU, a situation which does not apply to Morocco;
  • the ECCA extended full EU aviation legislation to the Balkans states, unlike the agreement with Morocco which does not incorporate all the elements of the open internal market concept ;
  • the ECCA is a multilateral agreement which will liberalise air transport within the region, whereas the agreement with Morocco is at this stage only a bilateral agreement covering air services between the EU and Morocco;
  • the agreement with Morocco has been drafted as a "Euro-Mediterranean Agreement" to allow for the possibility of other Mediterranean countries joining it at a later stage; and
  • both agreements are building blocks in a general policy of seeking to extend the EU's "Common Aviation Area" to its eastern and southern neighbours.

13.6 As for Gibraltar the Minister tells us the current exclusions of Gibraltar from a range of EU legislation are to be lifted over the next two years under a Gibraltar Airport Agreement, which forms part of a wider agreement between the UK, Gibraltar and Spanish Governments reached on 18 September 2006. (The Minister draws our attention to a letter of 19 September 2006 to the Chairman of the Foreign Affairs Committee from the Minister for Europe (Mr Geoffrey Hoon) and that Minister's statement to the House of 17 October 2006 describing the full agreement.)[44] The Minister continues that it has been agreed by all three parties not to delay signature of the agreement with Morocco while the final details of implementing the Gibraltar Airport Agreement are worked out. Instead a form of words, agreed with the Gibraltar Government, is to be included in the agreement which will permit Gibraltar's participation in the agreement and which is consistent with the Gibraltar Airport Agreement.

Conclusion

13.7 We are grateful to the Minister for these explanations. We have no further questions and clear the document.





42   (27378) 7596/06: see HC 34-xxvi (2005-06), para 11 (26 April 2006). Back

43   See headnote. Back

44   HC Deb, col. 48-49WS. Back


 
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