Recommendation for a COUNCIL DECISION amending the Council Decision of 7 June 2016 authorising the Commission to open negotiations on a comprehensive air transport agreement between the European Union and its Member States and the Association of Southeast Asian Nations (ASEAN) Member States as regards matters falling within the exclusive Union competence
Date: 2020-03-20
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: ASEAN countries, EU competence, European Commission, air transport, negotiation of an agreement (EU), powers of the institutions (EU)

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   EUROPEAN COMMISSION  Brussels, 20.3.2020  COM(2020) 106 final  Recommendation for a COUNCIL DECISION amending the Council Decision of 7 June 2016 authorising the Commission to open negotiations on a comprehensive air transport agreement between the European Union and its Member States and the Association of Southeast Asian Nations (ASEAN) Member States as regards matters falling within the exclusive Union competence   
 
EXPLANATORY MEMORANDUM 

1. 

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CONTEXT OF THE RECOMMENDATION 

Reasons for and objectives of the recommendation 

On 7 December 2015, the European  Commission proposed an Aviation Strategy for Europe 
which included a number of proposals  for Council decisions authorising the Commission to 
open negotiations between the European Union and certain third countries on comprehensive 
air  transport  agreements.  One  of  these  proposals  (COM(2015)  609  final)  was  to  open 
negotiations with the Association of Southeast Asian Nations (ASEAN). 

On 7 June 2016, the Council decided to authorise the Commission to open negotiations on a 
comprehensive  air  transport  agreement  between  the  European  Union  and  its  Member  States 
and  the  ASEAN  Member  States  as  regards  matters  falling  within  exclusive  Union 
competence.  The  Council  decision  has  a  validity  of  four  years  i.e.  it  will  expire  on  7  June 
2020. 

In relation to the Council decision the Commission made a statement in which it considered 
that the time limitation of the authorisation is incompatible with the Treaties, and in particular 
with Article 218 (3) TFEU. 

On  24  June  2016,  the  Commission  informed  the  government  of  each  of  the  10  ASEAN 
Member States about the authorisation of the Council to open negotiations with the ASEAN 
Member States and invited ASEAN to start negotiations.  

The first round of negotiations was held on 27-28 November 2016 in Brussels. The eigth and 
so far latest round of negotiations was held on 20-22 November 2018 in Salzburg. During the 
eigth round of negotiations most parts of the draft agreement were agreed while the two sides 
agreed to consult internally on a few outstanding issues. 

Internal consultaions on the ASEAN side are still on-going. 

The objective of this recommendation is to invite the Council to amend its Decision of 7 June 
2016 without modifying the negotiating directives annexed to the Council’s decision. 

• 

Consistency with existing policy provisions in the policy area 

The recommendation to amend the June 2016 decision to authorise the Commission to open 
negotiations  with  the  ASEAN  Member  States  is  fully  consistent  with  the  Union’s  external 
policy  objectives  as  set  out  in  the  comprehensive  Aviation  Strategy  that  the  Commission 
proposed in December 2015 aimed at bolstering the competitiveness of the European aviation 
sector. 

• 

Consistency with other Union policies 

This  recommendation  is  fully  in  line  with  the  Union's  aviation  policy  objectives  and  also 
promotes other policy objectives and associated policies, for example in the fields of labour 
rights,  environment  and  the  fight  against  climate  change,  with  a  view  to  better  secure  the 
achievement of these objectives on both sides. 

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2. 

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LEGAL BASIS 

Legal basis 

Article 218(3) TFEU. 

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Choice of the instrument 

Proposed instrument: Council Decision under Article 218(3) TFEU. 

Other means would not be adequate for the following reason:  

A  Council  Decision  under  Article  218(3)  TFEU  authorising  the  Commission  to  open 
negotiations is the foreseen procedure for international transport negotiations. 

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Recommendation for a 

COUNCIL DECISION 

amending the Council Decision of 7 June 2016 authorising the Commission to open 
negotiations on a comprehensive air transport agreement between the European Union 
and its Member States and the Association of Southeast Asian Nations (ASEAN) 
Member States as regards matters falling within the exclusive Union competence 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 218(3) thereof, 

Having regard to the recommendation from the Commission, 

Whereas: 

Immediately  after  the  adoption  of  the  Council  Decision  of  7  June  2016  authorising  the 
Commission  to  open  negotiations  on  a  comprehensive  air  transport  agreement  between  the 
European  Union  and  its  Member  States  and  the  Association  of  Southeast  Asian  Nations 
(ASEAN) Member States as regards matters falling within the exclusive Union competence, 
the  Commission  has  contacted  each  of  the  ASEAN  Member  States  with  a  view  to 
commencing negotations. 

Eight rounds of negotiations have been held since November 2016. 

Under  the  circumstances,  it  is  unlikely  that  negotiations  could  be  successfully  concluded 
before the expiry of the authorisation conferred by the Council Decision of 7 June 2016, i.e. 
by 7 June 2020. 

It  is  therefore  necessary  to  amendthat  Decision  so  as  to  allow  the  Commission  to  conduct 
negotiations  within a framework conducive to  a  successful conclusion, in  the interest  of the 
Union. 

HAS ADOPTED THIS DECISION: 

Article 1 

The Council Decision of 7 June 2016 authorising the Commission to open negotiations on a 
comprehensive  air  transport  agreement  between  the  European  Union  and  its  Member  States 
and the Association of Southeast Asian Nations (ASEAN) Member States as regards matters 
falling within the exclusive Union competence is amended as follows: 

1. 

The title of the Decision is replaced by the following: 

“Council  Decision  of  7  June  2016  authorising  the  Commission  to  open  negotiations  on  a 
comprehensive  air  transport  agreement  between  the  European  Union  and  its  Member  States 
and the Association of Southeast Asian Nations (ASEAN) Member States” 

2. 

The text of Article 1 is replaced by the following: 

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“The Commission is hereby authorised to negotiate, on behalf of the Union, a comprehensive 
air transport agreement with the Association of Southeast Asian Nations (ASEAN) Member 
States.” 

3. 

The text of Article 3a is replaced by the following: 

“This Decision shall be valid for an unlimited period of time.” 

This Decision is addressed to the Commission. 

Done at Brussels, 

Article 2 

For the Council 
The President 

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