Proposal for a Decision of the Council and the representatives of the Governments of the Member States of the European Union, meeting within the Council on the conclusion of the Euro Mediterranean Aviation Agreement between the European Union and its Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part
Date: 2010-06-24
Institutions: European Commission
Subjects: Jordan, agreement (EU), air safety, air traffic control, air transport, competition policy, ratification of an agreement

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EUROPEAN COMMISSION 

Brussels, 24.6.2010 
COM(2010)332 final 

2010/0180 (NLE) 

Proposal for a 

Decision of the Council and the representatives of the Governments of the Member 
States of the European Union, meeting within the Council 

On the conclusion of the Euro Mediterranean Aviation Agreement between the 
European Union and its Member States, of the one part, and the Hashemite Kingdom of 
Jordan, of the other part 

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EXPLANATORY MEMORANDUM 

1. 

Context of the proposal 

•  Grounds for and objectives of the proposal 

The  Euro  Mediterranean  Aviation  Agreement  between  the  European  Union  and  its 
Member  States,  of  the  one  part,  and  the  Hashemite  Kingdom  of  Jordan,  of  the  other 
part has been negotiated under a mandate received from the Council in June 2007. Air 
services  between  the  European  Union  and  Jordan  presently  operate  on  the  basis  of 
bilateral agreements between individual Member States and Jordan. It is part of the EU 
neighbourhood  policy  to  replace  this  network  of  bilateral  agreements  through  the 
establishment  of  a  Euro  Mediterranean  Aviation  Area  between  the  EU  and  its 
Mediterranean Partners. The Agreement aims at: 

-  gradual  market  opening  in  terms  of  access  to  routes  and  capacity  on  a  reciprocal 
basis;  
-  non-discrimination  and  level  playing  field  for  economic  operators  based  on  the 
principles of the EU Treaties; 
- Alignment of the Jordanian aviation legislation with EU legislation on issues such as 
safety, security and air traffic management.  

The  Agreement  mentions  the  possibility  to  extend  the  Agreement  in  order  to  create 
with  all  the  other  Mediterranean  Partners  a  Common  Euro  Mediterranean  Aviation 
Area. 

•  General context 

The  negotiating  mandate  set  the  objective  of  establishing  a  Euro  Mediterranean 
Aviation  Agreement  between  the  EU  and  Jordan.  This  would  extend  the  rules  and 
provisions of the single market for air transport in the EU to a large extent to Jordan in 
which  European  and  Jordanian  air  carriers  would  be  able  to  provide  air  services 
without any restriction. 

Based on the negotiating directives of the mandate, a draft Agreement with Jordan was 
initialled by the two sides on 17 March 2010.  

•  Existing provisions in the area of the proposal 

The  provisions  of  the  Agreement  supersede  the  existing  bilateral  air  services 
agreements between Member States and Jordan. 

•  Consistency with the other policies and objectives of the Union 

The conclusion of an Euro Mediterranean Aviation Agreement with Jordan has been a 
priority  for  the  EU  and  is  an  important  element  in  the  development  of  the  European 
Neighbourhood  Policy,  as  identified  in  Commission  Communication  COM(2005)  79 
final  "Developing  the  agenda  for  the  Community's  external  aviation  policy"  and  the 
the 
Communication  COM  (2008)  596  final  "Common  Aviation  Area  with 
Neighbouring Countries by 2010 – Progress report" .  

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2. 

Consultation of interested parties and impact assessment 

•  Consultation of interested parties 

Consultation methods, main sectors targeted and general profile of respondents 

Throughout the negotiating process, the Commission has consulted with stakeholders, 
in  particular  via  regular  meetings  of  the  Special  Committee  and  the  Consultative 
Forum comprising representatives of air carriers, airports, and labour organisations. 

Summary of responses and how they have been taken into account 

All comments from stakeholders were duly taken into consideration in the preparation 
of the Union's negotiating position. 

•  Collection and use of expertise 

There was no need for external expertise. 

•  Impact assessment 

The  Agreement  ensures  the  gradual  establishment  of  a  Euro  Mediterranean  Aviation 
Area  with  Jordan.  A  report  prepared  for  the  Commission  in  2008  by  consultants, 
estimated that an Euro Mediterranean Aviation Agreement with Jordan would generate 
54,000  extra  passengers  and  consumer  benefits  of  up  to  30  million  €  in  the  first 
effective year of market opening. The report has been made available to Member States 
and stakeholders via the CIRCA database. 

The Agreement establishes a Joint Committee which will be responsible for reviewing 
the implementation of the Agreement and its effects.  

3. 

Legal elements of the proposal 

•  Summary of the proposed action 

The  Agreement  consists  of  the  main  body  including  the  main  principles,  and  three 
annexes:  Annex  1  on  traffic  rights,  Annex  2  on  transitional  provisions  and  Annex  3 
including the EU aviation legislation to be taken over by Jordan. 

•  Legal basis 

Article 207 (5), in conjunction with Article 218 paragraphs (2), (5), (6) and (7) of the 
Treaty on the Functioning of the European Union 

•  Subsidiarity principle 

The  subsidiarity  principle  applies  insofar  as  the  proposal  does  not  fall  under  the 
exclusive competence of the Union. 

The  objectives  of  the  proposal  cannot  be sufficiently  achieved  by  the  Member  States 
for the following reason(s). 

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By  establishing  a  Euro  Mediterranean  Aviation  Area,  the  Agreement  will  extend  EU 
legislation  in  the  field  of  aviation  to  Jordan.  In  particular,  Jordan  will  take  over  EU 
legislation in important fields such as safety, security and air traffic management. The 
Agreement will replace the existing arrangements made by individual Member States. 
The Agreement creates simultaneously for all Union air carriers uniform conditions for 
market access, and establishes new arrangements for regulatory co-operation between 
the  European  Union  and  Jordan  in  fields  essential  for  the  safe,  secure,  and  efficient 
operation  of  air  services.  These  arrangements  can  only  be  achieved  at  Union  level 
because they involve a number of areas of exclusive Union competence. 

Union  action  will  better  achieve  the  objectives  of  the  proposal  for  the  following 
reason(s). 

The  Agreement  allows  for  the  simultaneous  extension  of  its  terms  to  the  27  Member 
States,  applying  the  same  rules  without  discrimination  and  benefiting  all  Union  air 
carriers regardless of their nationality. These carriers can now operate freely from any 
point in the European Union to any point in Jordan which is currently not the case. 

Removal  of  all  market  access  restrictions  between  the  EU  and  Jordan  will  not  only 
attract  new  entrants  to  the  market  and  create  opportunities  to  operate  to  underserved 
airports, but will also facilitate consolidation between EU air carriers. 

The Agreement secures for all EU air carriers access to commercial opportunities, such 
as the possibility to freely establish prices. One further objective of the mandate is to 
create a level playing field between all EU and Jordanian air carriers, and this requires 
strong regulatory co-operation which can only be delivered at Union level. 

The proposal therefore complies with the subsidiarity principle. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reason(s). 

A Joint Committee will be established to discuss matters related to the implementation 
of  the  Agreement.  The  Joint  Committee  will  foster  expert-level  exchanges  on  new 
legislative  or  regulatory  initiatives  or  developments  and  consider  potential  areas  for 
further  development  of  the  Agreement.  The  Joint  Committee  will  be  composed  of 
representatives of the Commission and the Member States. 

Furthermore,  Member  States  will  continue  to  carry  out  the  traditional  administrative 
tasks they execute in the context of international air transport, but under common rules 
applied uniformly.  

•   

•  Choice of instruments 

Proposed instruments: international agreement 

Other means would not be adequate for the following reason(s). 

External aviation relations can only be given effect through international agreements. 

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4. 

Budgetary implication 

The proposal has no implication for the Union budget. 

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2010/0180 (NLE) 

Proposal for a 

Decision of the Council and the representatives of the Governments of the Member 
States of the European Union, meeting within the Council 

On the conclusion of the Euro Mediterranean Aviation Agreement between the 
European Union and its Member States, of the one part, and the Hashemite Kingdom of 
Jordan, of the other part 

THE COUNCIL OF THE EUROPEAN UNION AND THE REPRESENTATIVES OF THE 
GOVERNMENTS OF THE MEMBER STATES MEETING WITHIN THE COUNCIL 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union  and  in  particular 
Article  207  (5),  in  conjunction  with  Article  218  paragraphs  (2),  (5)  and  (7),  as  well  Article 
218 (6) (a) (v) thereof 

Having obtained the consent of … of the European Parliament 

Whereas: 

(1) 

the Commission has negotiated on behalf of the Union and of the Member States an 
Agreement on Air Transport with the Hashemite Kingdom of Jordan (hereinafter, the 
“Agreement”); 

(2) 

the Agreement was signed on ….; 

(3) 

the Agreement should be approved by the Union and the Member States; 

(4) 

it is necessary to lay down procedural arrangements for deciding, if appropriate, how 
to  terminate  the  Agreement.  It  is  also  necessary  to  lay  down  appropriate  procedural 
arrangements  for  the  participation  of  the  Union  and  the  Member  States  in  the  Joint 
Committee  set  up  under  Article  21  of  the  Agreement  and  in  the  dispute  settlement 
procedures  provided  in  Article  22  of  the  Agreement,  as  well  as  for  implementing 
certain provisions of the Agreement concerning security and safety. 

HAVE DECIDED AS FOLLOWS:  

Article 1 (Approval) 

1. 

The  Euro  Mediterranean  Aviation  Agreement  between  the  European  Union  and  its 
Member States, on the one part, and the Hashemite Kingdom of Jordan, of the other 

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2. 

3. 

part,  is  hereby  approved  on  behalf  of  the  Union.  The  text  of  the  Agreement  is 
attached to this decision.  

Upon  completion  of  its  internal  procedures  for  entry  into  force  of  the  Agreement, 
each  Member  State  shall  transmit  to  the  Secretariat  of  the  Council  the  diplomatic 
note provided for in Article 29 (1) of the Agreement.  

The President of the Council is hereby authorised to designate the person empowered 
to deliver to Jordan the diplomatic notes provided in Article 29 (1) of the Agreement 
on behalf of the Union and of the Member States. 

Article 2 (Termination) 

A decision to terminate the Agreement and give notice thereof to Jordan in accordance with 
Article  27  of  the  Agreement,  and  a  decision  to  withdraw  such  notice,  shall  be  taken  by  the 
Council, on behalf of the Union and of the Member States, acting unanimously on the basis of 
a Commission proposal. 

Article 3 (Joint Committee) 

1. 

2. 

3. 

4. 

The  European  Union  and  the  Member  States  will  be  represented  in  the  Joint 
Committee established under Article 21 of the  Agreement  by  representatives  of  the 
European Commission and the Member States.  

The  position  to  be  taken  by  the  European  Union  and  its  Member  States  within  the 
Joint Committee with respect to matters of exclusive competence of the EU that do 
not require the adoption of a decision having legal effect will be established by the 
European  Commission  and  will  be  notified  in  advance  to  the  Council  and  the 
Member States. 

For Joint Committee decisions concerning matters that fall within the competence of 
the EU, the position to be taken by the European Union and its Member States will 
be  adopted  by  the  Council,  acting  by  qualified  majority  on  a  proposal  from  the 
European Commission, unless the applicable voting procedures set down in the EU 
Treaties provide otherwise. 

For  Joint  Committee  decisions  concerning  matters  that  fall  within  Member  States' 
competence, the position to be taken by the European Union and its Member States 
will  be  adopted  by  the  Council,  acting  by  unanimity,  on  a  proposal  from  the 
European Commission or from Member States, unless a Member State has informed 
the  General  Secretariat  of  the  Council  within  one  month  of  the  adoption  of  that 
position that it can only consent to the decision to be taken by the Joint Committee 
with the agreement of its legislative bodies. 

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Article 4 (Settlement of Disputes) 

1. 

2. 

3. 

1. 

2. 

3. 

The  Commission  shall  represent  the  Union  and  the  Member  States  in  dispute 
settlement proceedings under Article 22 of the Agreement.  

The decision to suspend the application of benefits pursuant to Article 22 (7) of the 
Agreement shall be taken by the Council on the basis of a Commission proposal. The 
Council shall decide by qualified majority. 

Any  other  appropriate  action  to  be  taken  under  Article  22  of  the  Agreement  on 
matters  which  fall  within  the  Union  competence  shall  be  decided  upon  by  the 
Commission,  with  the  assistance  of  a  Special  Committee  of  representatives  of  the 
Member States appointed by the Council.  

Article 5 (Information to the Commission) 

Member  States  shall  inform  in  advance  the  Commission  of  any  decision  to  refuse, 
revoke, suspend or limit the authorisation of an air carrier that they intend to adopt 
under Articles 3 and 4 of the Agreement. 

Member  States  shall  inform  the  Commission  immediately  of  any  requests  or 
notifications  made  or  received  by  them  under  Article  13  (Aviation  safety)  of  the 
Agreement. 

Member  States  shall  inform  the  Commission  immediately  of  any  requests  or 
notifications  made  or  received  by  them  under  Article  14  (Aviation  security)  of  the 
Agreement. 

Done at Brussels, […] 

For the Council 

The President 

[…] 

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