Council conclusions on developing the agenda for the Community's external aviation policy
Date: 2005-07-13
Institutions: Council of the European Union
Subjects: EU law, EU policy, air law, air space, air transport, bilateral agreement, international cooperation, international negotiations, international relations, third country

13.7.2005

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Official Journal of the European Union

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I

(Information)

COUNCIL

COUNCIL CONCLUSIONS

on developing the agenda for the Community's external aviation policy

(2005/C 173/01)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Communication from the Commission on
‘Developing the agenda for the Community's external aviation
policy’ (COM(2005) 79 final),

3.

— the important role of industry and consumer stake-
holders, in particular the European airline industry, in
the development of the Community's external aviation
policy;

STRESSES the
that
Member States and the Community play in relation to
negotiations with third countries;

complementary

important

roles

On matters of general policy

1.

RECALLS the agreement on a package of measures
relating to the Community's external aviation policy
reached at the Transport, Telecommunications and Energy
Council of 5/6 June 2003;

4. WELCOMES the Communication from the Commission,
which provides a clear and coherent overview of
the
Commission's vision of the future development of the
Community's external aviation policy and priorities;

2.

RECOGNISES:

With regard to bilateral agreements between Member States and third
countries

— that air transport plays a vital role in the European
economy and for international trade and cooperation
and that the aviation sector has a major contribution
to offer in improving the competitiveness of the Euro-
pean economy as set out in the Lisbon Agenda;

— that

the achievements of the Community's internal
aviation market for both EU industry and users have
created significant benefits for consumers and signifi-
cant opportunities for operators that can be explored
in respect of the Community's aviation relations with
third countries as well as providing useful references
for third countries;

— that

the negotiation of new or amended aviation
agreements with third countries must be conducted in
a spirit which seeks to deliver mutually beneficial
outcomes;

— that differences

in the stages of development of
Member States' bilateral aviation arrangements with
third countries can, in practice, lead to inequalities in
the opportunities available to Community carriers in
some international markets;

5. UNDERLINES that

the bilateral system of agreements
between Member States and third countries will remain,
for the time being at least, the principal basis for interna-
tional relations in the aviation sector. These agreements
play a vital role in ensuring the continuity of services for
users and a stable operating environment for industry, to
the benefit of the wider economy;

6.

7.

RECOGNISES that the so-called ‘open skies’ judgements of
the European Court of Justice of 5 November 2002 have
clarified the respective competences of Member States and
the Community in external aviation relations;

CONSEQUENTLY STRESSES the importance that Member
States and the Commission strengthen further their coop-
eration and coordination and provide full mutual support
in pursuit of the shared aim of bringing all such bilateral
air service agreements into conformity with Community
law as soon as possible,
thereby restoring the legal
certainty for Community as well as third country air
carriers on international routes;

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8. UNDERLINES, in this context, the need for the Commis-
in a
sion and the Member States to work together
concerted manner, using all available means,
to avoid
interruptions in bilateral agreements between Member
States and third countries;

9. WELCOMES:

— the significant progress made in the context of ‘hori-
zontal’ negotiations conducted by the Commission
that has led to the initialling of a growing number of
‘horizontal’ agreements with third countries;

— the significant results obtained by Member States in
the context of their bilateral relations to bring their
bilateral agreements into line with Community law;

— the agreement reached on the Community standard
clauses to be incorporated in bilateral air service agree-
ments as envisaged by Regulation (EC) No 847/2004;

10. RECOGNISES that, although good progress has been
made, the adaptation of the large number of existing bilat-
eral agreements to Community law will still take time and
that Community carriers must be able to operate and
develop their international businesses during this time so
as not to jeopardise their commercial position with regard
to competitors;

in particular Articles 1 and 4 thereof,

11. CONSEQUENTLY STRESSES the necessity for Member
States and the Commission to apply Regulation (EC) No
847/2004,
in a
manner that preserves the continuity and permits the
development of air services; in this context it is necessary
to give equivalent consideration to agreements and under-
standings concluded by Member States with third coun-
tries after 5 November 2002 but before the adoption of
Regulation (EC) No 847/2004;

General principles
Community and third countries

regarding agreements/negotiations between the

that

12. WELCOMES the general principles underpinning the
Commission's Communication with regard to comprehen-
the inseparable twin aims of
sive agreements i.e.
comprehensive open aviation area agreements should be,
on the one hand, market opening creating new economic
opportunities and investment possibilities, and, on the
other hand, a process of regulatory convergence that
ensures a satisfactory level playing field with fair and equi-
table competition conditions;

13. STRESSES the importance for EU businesses and consu-
mers of allowing Member States to continue negotiating
traffic rights and related commercial matters with third
countries in parallel with Community-level negotiations

during the transition towards conclusion of open aviation
area agreements or other agreements, and in this context
stresses the need for the Commission, in accordance with
Community law, to apply Articles 1 and 4 of Regulation
(EC) No 847/2004 taking into consideration the need of
Member States to negotiate additional traffic rights and
related commercial matters;

14.

INVITES the Commission in relation to negotiations with
third countries to ensure full information and consultation
of all relevant stakeholders including notably the European
airline industry throughout the negotiations;

Regarding existing mandates for comprehensive agreements/negotia-
tions between the Community and third countries

15. URGES the Commission to bring the current negotiations
with the United States to a successful and mutually satis-
factory conclusion as early as possible taking account of
discussions held at
the Transport, Telecommunications
and Energy Councils of June 2004, October 2004 and
April 2005;

16. WELCOMES the encouraging early progress being made
in developing a wider European Common Aviation Area
by 2010 incorporating EU neighbouring countries and in
particular:

— in the context of negotiating ECAA-type of agreements

with the Western Balkan countries and

— in negotiations towards a Euro-Mediterranean aviation

agreement with Morocco;

Regarding the future development of policy on Community-level nego-
tiations with third countries

17. STRESSES that, before granting mandates for the negotia-
tion of any further comprehensive agreements with third
countries, the added value of any resulting Community-
level agreement should be clearly demonstrated in each
case, notably with regard to the prospects of obtaining
significant new opportunities for EU industry and users
and achieving greater levels of regulatory convergence
with a view to ensuring a competitive level playing field;

18. STRESSES as a priority the importance of ensuring within
the framework of the accession of the Russian Federation
to the World Trade Organisation a satisfactory solution to
the phase out of trans-Siberian overflight payments by 31
December 2013 comprising the following elements:

— confirmation that all current payments be abolished

by 31 December 2013,

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— gradual reduction of payments during a transition

period leading up to 2013,

— the principle of unrestricted overflight frequencies;

this being a pre-requisite for making further progress with
the Russian Federation;

third country for which a new mandate for comprehensive
the Council considers that the
negotiations is granted,
acceptance of community clauses,
through bilateral or
Community-level negotiation, should be the necessary
starting point for Community negotiations;

19. UNDERTAKES to examine with interest, in the light of the
‘added value’ principle set out in point 17 as well as the
considerations set out in point 13 above, the Communica-
tions and corresponding Recommendations
from the
Commission relating to the development of aviation rela-
tions between the Community and the Russian Federation
and the Community and the Peoples Republic of China
respectively; concerning these countries, and any other

20. NOTES with interest the other third countries of major
importance identified in the Commission's Communica-
tion, including Australia, New Zealand, India, Chile and
South Africa, as potential candidates for future requests
for comprehensive negotiating mandates, and underlines
that any such requests will be assessed by the Council on
the basis of a case-by-case evaluation of the added value
that such Community negotiations could bring.