12Air traffic management
Summary and Committee’s conclusions
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Committee’s assessment |
Legally and politically important |
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Cleared from scrutiny |
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Document details |
Proposed Council Decision on the position to be taken on adoption of an annex on Air Traffic Management to the Memorandum of Cooperation between the EU and the International Civil Aviation Organization |
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Legal base |
Articles 100(2) and 218(9) TFEU; —; QMV |
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Department |
Transport |
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Document Number |
(38098), 12423/16 + ADD 1, COM(16) 621 |
12.1In October 2016 we did not clear from scrutiny a proposed Council Decision to approve adoption of an Air Traffic Management Annex to the EU’s Memorandum of Cooperation with the International Civil Aviation Organization. Instead, we asked the Government whether the UK participates in the European Air Traffic Management System in its own right, or whether continued participation was an expected outcome of the Brexit negotiations, and how the Government had marked its resistance to competence creep in relation to adoption of the Annex.
12.2The Government now tells us that the UK will remain part of the Europe wide air traffic management network, by virtue of its Eurocontrol15 membership. As for competence creep the Government says that clarifications introduced to the text, to protect the right of Member States to continue to send experts to International Civil Aviation Organization meetings and panels, addressed its concern, as the proposal will not have the effect of expanding the Commission’s role in the Organization.
12.3We note the Government’s responses to our questions and now clear the document from scrutiny.
Full details of the document
Proposed Council Decision on the position to be taken by the European Union within the EU-ICAO Joint Committee on the Decision on the adoption of an annex on Air Traffic Management to the Memorandum of Cooperation between the European Union and the International Civil Aviation Organization providing a framework for enhanced cooperation: (38098), 12423/16 + ADD 1, COM(16) 621.
Background
12.4The EU has a Memorandum of Cooperation with the International Civil Aviation Organization which provides a framework for enhanced cooperation in the key areas of aviation safety, aviation security, air traffic management and environmental protection. Each of these areas is to have a specific annex to the Memorandum. So far only the Aviation Safety and Aviation Security Annexes have been agreed.
12.5The Government expressed to the predecessor Committee, when the latter was scrutinising the Memorandum and Annexes, concern that, while there were clear areas of EU competence covered by these documents, it feared competence creep which might lead eventually to EU membership of the Organization. In September 2016 the Commission proposed a Council Decision to approve adoption of an Air Traffic Management Annex to the Memorandum of Cooperation.
12.6In October 2016, we reported that the Government had reiterated to us its concerns about competence creep, while nevertheless welcoming the Annex, but had told us that it did not consider that the proposal justified a scrutiny override, and that it intended therefore to abstain at the Council meeting of 29 September 2016, when the matter was to be considered. We said that we had no problem with the substance of this proposal. However, before clearing it from scrutiny we wanted to hear from the Government on two points. First it had told us that “irrespective of the UK’s future relationship with the EU…the UK will…remain part of the European Air Traffic Management System”. Did this mean that the UK participates in the system in its own right or that it was an expected outcome of the Brexit negotiations? Secondly, the Government had apparently abstained from voting on this proposed Council Decision, on grounds of parliamentary scrutiny. However in relation to approval of the Memorandum of Cooperation and earlier Annexes the Government abstained to mark its resistance to competence creep. How had it marked that resistance on this occasion?
The Minister’s letter of 21 November 2016
12.7The Parliamentary Under-Secretary of State, Department for Transport (Lord Ahmad) now responds, first, to our question as to whether the UK participates in the European Air Traffic Management System in its own right or that it is an expected outcome of the Brexit negotiations, saying that:
- as air travel has grown, and given its international nature, it has become appropriate to take a network approach to many aspects of air traffic management in order to get the most out of limited airspace capacity;
- the number of states sharing a relatively small area of airspace over Europe means that they must ensure coordination and collaboration to accommodate changes in traffic flows when operating circumstances change;
- the UK will remain part of the wider European Air Traffic Management network, by virtue of its Eurocontrol membership; and
- the Government will need to ensure the UK remains fully interoperable with it.
12.8As for the question of competence creep, the Minister says that:
- this was raised during Council Aviation Working Group discussions on the Annex where the UK and several other Member States had concerns;
- as a result clarifications were introduced to the text to protect the right of Member States to continue to send experts to International Civil Aviation Organization meetings and panels;
- this addressed the Government’s concern in this instance as this proposal will therefore not have the effect of expanding the Commission’s role in the Organization; and
- it will, however, continue to resist any such potential expansion in future proposals.
Previous Committee Reports
12.9Thirteenth Report HC 71-xi (2016–17), chapter 5 (12 October 2016).
9 December 2016