The European Parliament adopted by 571 votes to 44, with 35 abstentions, a legislative resolution on the draft Council decision on the conclusion on behalf of the European Union of the Air Transport Agreement between the European Community and its Member States, of the one part, and the United States of America, of the other part.

In line with the recommendation made by its Committee on Transport and Tourism, Parliament gave its consent to the conclusion of the Agreement.

The Agreement aims to facilitate the expansion of international air transport opportunities by opening access to markets and maximising benefits for consumers, airlines, workers and communities on both sides of the Atlantic ocean.

The Committee on Transport and Tourism adopted the report by Theresa GRIFFIN (S&D, UK) on the draft Council decision on the conclusion on behalf of the European Union of the Air Transport Agreement between the European Community and its Member States, of the one part, and the United States of America, of the other part.

The committee recommended that Parliament give its consent to the conclusion of the agreement.

As stated in the explanatory memorandum accompanying the draft recommendation, the so-called "first stage agreement" was signed on 25 and 30 April 2007 and has been applied on a provisional basis since 30 March 2008. Parliament gave its consent to the conclusion of the agreement on 11 October 2007.

The ratification process of the agreement was completed by all the Member States, with the exception of Bulgaria, Romania and Croatia, in November 2014.

In October 2015, the Commission presented an amended proposal for a Council decision on the conclusion of the agreement, in order to take account of the entry into force of the Treaty of Lisbon and the fact that Bulgaria, Croatia and Romania had become EU Member States in the meantime.

The draft decision submitted for approval by Parliament includes the legal modifications required by the European Court of Justice case law established in its judgment of 28 April 2015.

In July 2017, the EU and the USA celebrated the 10 Years Anniversary of the EU-US Air Transport Agreement. It is widely seen as a great achievement. The transatlantic market today totals 55 million passengers, this is 6.4 million more passengers and 52 more city-pairs being served than 10 years ago.

The United States and the European Union are still today the most developed aviation markets.

However, it should be noted that the combined share of passengers carried through EU and US airports has gone down from 61% of total world passengers in 2000 to 38% in 2015. This reflects the changing nature of aviation markets and the need for ever closer cooperation in international aviation.

PURPOSE: to conclude, on behalf of the European Union, the Air Transport Agreement between the European Community and its Member States, of the one part, and the United States of America, of the other part.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

BACKGROUND: the Council decided, in particular to take account of the entry into force of the Lisbon Treaty, to consult once again the European Parliament on the amending legislative proposal on the conclusion on behalf of the European Union of the Air Transport Agreement between the European Community and its Member States, of the one part, and the United States of America, of the other part.

The Commission negotiated, on behalf of the European Community and of the Member States, the Air Transport Agreement between the European Community and its Member States, of the one part, and the United States of America, of the other part, in accordance with the Council Decision authorising the Commission to open negotiations.

The Agreement was signed on 25 and 30 April 2007, and has been applied provisionally since 30 March 2008. Croatia will accede to the Agreement in accordance with the procedure laid down in the Act of Accession annexed to the Treaty of Accession.

CONTENT: the draft Council decision seeks the approval, on behalf of the Union, of the Air Transport Agreement between the European Community and its Member States, of the one part, and the United States of America, of the other part.

The Agreement aims to facilitate the expansion of international air transport opportunities by opening access to markets and maximising benefits for consumers, airlines, workers and communities on both sides of the Atlantic ocean.

PURPOSE: to conclude, on behalf of the European Union, the Air Transport Agreement between the European Community and its Member States, of the one part, and the United States of America, of the other part.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

BACKGROUND: the Council decided, in particular to take account of the entry into force of the Lisbon Treaty, to consult once again the European Parliament on the amending legislative proposal on the conclusion on behalf of the European Union of the Air Transport Agreement between the European Community and its Member States, of the one part, and the United States of America, of the other part.

The Commission negotiated, on behalf of the European Community and of the Member States, the Air Transport Agreement between the European Community and its Member States, of the one part, and the United States of America, of the other part, in accordance with the Council Decision authorising the Commission to open negotiations.

The Agreement was signed on 25 and 30 April 2007, and has been applied provisionally since 30 March 2008. Croatia will accede to the Agreement in accordance with the procedure laid down in the Act of Accession annexed to the Treaty of Accession.

CONTENT: the draft Council decision seeks the approval, on behalf of the Union, of the Air Transport Agreement between the European Community and its Member States, of the one part, and the United States of America, of the other part.

The Agreement aims to facilitate the expansion of international air transport opportunities by opening access to markets and maximising benefits for consumers, airlines, workers and communities on both sides of the Atlantic ocean.

The Lisbon Treaty, which entered into force on 1 December 2009, amended the EU's two core treaties, the Treaty on European Union (TEU) and the Treaty establishing the European Community (EC Treaty). The latter was renamed the Treaty on the Functioning of the European Union (TFEU).

These changes had various consequences for many ongoing procedures. First of all, the articles of the TEU and of the old EC Treaty that constitute the legal basis of all the proposals founded on those Treaties were renumbered in accordance with the table of equivalences mentioned in Article 5 of the Lisbon Treaty.

In addition, some proposals underwent a change to their legal basis going beyond a mere change to their numbering, and this resulted in changes to the type of procedure .

The Lisbon Treaty also introduced new concepts of decision-making procedure . The old "codecision procedure" was extended to new areas and renamed the "ordinary legislative procedure". A new "consent procedure" replaced the old "assent procedure". New interinstitutional procedures were also set up for the adoption of certain non-legislative acts, for example the conclusion of some international agreements.

The ongoing proposals concerned by these changes were formally modified by the Commission in a Communication published on 2 December 2009 (COM(2009)0665).

In the case of the 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 Air Transport Agreement between the European Community and its Member States, on the one hand, and the United States of America, on the other hand, the entry into force of the Lisbon Treaty had the following impacts :

· the old legal basis – Treaty/EC/Art.80(2), Art.300(2) first para and (3). – became Art 100(2), Art 218 (6)(a) of the TFEU. Please note that the numbering of the old legal basis corresponds to the consolidated version of the Treaty that was applicable immediately before the entry into force of the Lisbon Treaty, and may differ from the references in the original Commission proposal ;

· the proposal, which had previously fallen under the old consultation procedure (CNS), was classified as an interinstitutional non-legislative procedure (NLE).

The European Parliament adopted a resolution drafted by Saïd EL KHADRAOUI (PSE, BE) by 513 votes in favour to 15 against, and 35 abstentions, and approved the proposal for a decision of the Council and Member States of the EU, on the conclusion of the Air Transport Agreement between the EC and its Member States, and the United States of America.

The Committee on Transport and Tourism adopted a report drafted by Saïd EL KHADRAOUI (PES, BE), and approved the proposal for a decision of the Council and Member States of the EU, on the conclusion of the Air Transport Agreement between the EC and its Member States, and the United States of America.

The Council and of the Representatives of the Governments of the Member States of the European Union, meeting within the Council, have decided to approve the signing of the Air Transport Agreement between the European Community and its Member States, of the one part, and the United States of America, of the other part, subject to a Council Decision concerning the conclusion of the Agreement.

The Council welcomes the results of the negotiations between the European Community and its Member States and the United States of America on a first stage comprehensive air services agreement. It the agreement which will be endorsed at the forthcoming EU-US Summit on 30 April in Washington.

The Council also reiterates its ultimate objective of a fully liberalised open aviation area covering the EU and the US in accordance with the mandate agreed by the Council in June 2003. It underlines the importance of reaching a second stage agreement in order to pursue the benefits of liberalisation on both sides of the Atlantic. It calls upon the Commission to engage robustly with the United States Government so as to secure this goal as quickly as possible.

The Council instructs COREPER to proceed without delay with the necessary formalities for the signature of the agreement. In this respect, the Council confirms that:

a) the provisional application of the agreement will take place from 30 March 2008. The Commission was asked to secure agreement of the United States to confirm their agreement to reflect this;

b) if no Stage 2 agreement has been reached within 12 months of the start of the review mentioned in Article 21 (3), any Member State may notify to the Commission which traffic rights in relation to its own territory it wishes to suspend. Such traffic rights may not include any rights specified in the agreements mentioned in Annex 1 to the Agreement. The President of the Council on behalf of the EC and its Member States shall then give notice of the suspension of such rights to the US in accordance with Article 21 (3).

However, the Council, acting by unanimity on a proposal from the Commission, may decide not to give notice of suspension or subsequently to withdraw it.

The Commission is invited to draw up provisions to that effect for insertion in the draft Council Decisions on signature and conclusion of the EU-US air transport agreement.

The Council was informed by Vice-President Barrot of the latest state of play regarding the negotiations on the Air Transport Agreement with the US, following a delay in the adoption of the rules on control of US airlines.

The Council referred to the results of the EU-US Transatlantic Summit in Vienna on 21 June 2006, after the last meeting of the Transport Council on 9 June, where EU and US leaders agreed to redouble their efforts to conclude a first-stage Air Transport Agreement by the end of 2006.

The Council underlined the importance it attached to the conclusion of an historic EU-US air transport agreement. It reaffirmed its unanimous satisfaction with the text of the draft agreement negotiated in November 2005 but regretted the further delay in the US reform on control of U.S. air carriers, which it considered an essential element before proceeding with the agreement. The results must be absolutely clear, meaningful and robust.

Several delegations expressed particular concerns regarding the implications of this delay and that the existing agreements do not ensure a level playing field.

The Council requested the Commission to continue its efforts, on the basis of further contacts with the United States, to secure a satisfactory and balanced outcome with the necessary safeguards, including the transitional provisions, in preparation for the December Council and in accordance with the EU-US Summit conclusions.

The Council emphasised the importance it attaches to concluding a historic first-stage EU/US air transport agreement that would establish an open market based on principles of fair competition. It reaffirmed its unanimous satisfaction with the draft EU/US air transport agreement resulting from the negotiations in November 2005, while noting that it would await the outcome of the US rulemaking process in relation to the control of US air carriers by foreign nationals before deciding whether to proceed with the agreement.

The Council stressed the crucial importance of clear, meaningful and robust policy changes in this area and noted that the US process has been extended and looks forward to reaching a conclusion in the second half of 2006, following its assessment of the US rule.

PURPOSE: to sign a provisional application of the Air Transport Agreement between the European Community and its Member States and the US and to conclude an Air Transport Agreement between the same parties.

PROPOSED ACT: Decision of the Council and of the Representatives of the Governments of the Member States of the European Union, meeting within the Council.

CONTENT: in June 2003, the European Community and its Member States were given a mandate to negotiate an Agreement with the United States of America for an “Air Transport Agreement”. The mandate was given following rulings by the European Court of Justice in November 2002 which stated that existing bi-lateral arrangements in the air transport sector were incompatible with EU law. Currently, there are twenty separate Agreements in place governing the laws and provisions of air operations between Europe and the US.

The objective of the negotiations, therefore, was the establishment of an “Open Aviation Area” (OOA) between the EU and US. The idea being to create a single market for air transport between the EU and US in which EU and US airlines would be able to provide air services without any restriction and which would include the domestic markets of both parties. Given the wide-ranging implications of such an Agreement, most notably the requirement for the US to remove restrictions on foreign legal ownership and control of US airlines cabotage, the Agreement became a politically sensitive issue for the US government. To address this problem both parties have agreed to a staggered implementation of the Agreement. At the same time, however, there is an implicit understanding that mechanisms should be put in place which allow the Agreement to become more complete.

As a first stage, the EU has accepted that cabotage will not be included in the first Agreement. The EU has made clear to the US that this would only be acceptable if meaningful progress can be made towards the removal of restrictions on ownership and control of US airlines. As such the Council has stated that it will take particular notice of progress made by the US Department of Transportations and its pledge to re-interpret the statutory requirement that US airlines can only be under the “actual control” of US citizens.

In other words, the adoption of this Decision by the Council will be subject to US adoption of rules deemed to constitute clear, meaningful and robust changes to the US’ policy vis-à-vis foreign ownership of its commercial air fleet. Depending on the speed with which the US confirms its commitment to re-assessing its current statutes, signature of the Agreement could take place in the first half of 2006.

The Agreement represents a comprehensive first-stage agreement that will replace the existing bilateral agreements concluded by the Member States with the United States. It removes all existing restrictions on the rights of both Community air carriers and Unites States air carriers to operate between points in the European Community and points in the United States. Further, the Agreement established provisions which allow Community air carriers uniform conditions for market access; it establishes new arrangements for regulatory co-operation between the European Community and the United States and it establishes provisions essential to the safe, secure and efficient operation of transatlantic air services.

There will be strengthened co-operation in matters concerning aviation security and aviation safety and there will be new arrangement for co-operation between the EU-US Competition authorities concerning the application of their respective competition regimes affecting the transatlantic market. All of the terms will simultaneously apply to the 25 EU Member States who will apply the same rules without discrimination and in a uniform manner. In return, Community air carriers will be able to access commercial opportunities, which Member States, acting individually, have been unable to secure. In short, adoption of the proposed Agreement will help enact one of the main objectives of the negotiations, namely the creation of a level playing field between all the EU and US air carriers, complemented by tight regulatory rules.

The proposal has no implications for the Community budget.

PURPOSE: to sign a provisional application of the Air Transport Agreement between the European Community and its Member States and the US and to conclude an Air Transport Agreement between the same parties.

PROPOSED ACT: Decision of the Council and of the Representatives of the Governments of the Member States of the European Union, meeting within the Council.

CONTENT: in June 2003, the European Community and its Member States were given a mandate to negotiate an Agreement with the United States of America for an “Air Transport Agreement”. The mandate was given following rulings by the European Court of Justice in November 2002 which stated that existing bi-lateral arrangements in the air transport sector were incompatible with EU law. Currently, there are twenty separate Agreements in place governing the laws and provisions of air operations between Europe and the US.

The objective of the negotiations, therefore, was the establishment of an “Open Aviation Area” (OOA) between the EU and US. The idea being to create a single market for air transport between the EU and US in which EU and US airlines would be able to provide air services without any restriction and which would include the domestic markets of both parties. Given the wide-ranging implications of such an Agreement, most notably the requirement for the US to remove restrictions on foreign legal ownership and control of US airlines cabotage, the Agreement became a politically sensitive issue for the US government. To address this problem both parties have agreed to a staggered implementation of the Agreement. At the same time, however, there is an implicit understanding that mechanisms should be put in place which allow the Agreement to become more complete.

As a first stage, the EU has accepted that cabotage will not be included in the first Agreement. The EU has made clear to the US that this would only be acceptable if meaningful progress can be made towards the removal of restrictions on ownership and control of US airlines. As such the Council has stated that it will take particular notice of progress made by the US Department of Transportations and its pledge to re-interpret the statutory requirement that US airlines can only be under the “actual control” of US citizens.

In other words, the adoption of this Decision by the Council will be subject to US adoption of rules deemed to constitute clear, meaningful and robust changes to the US’ policy vis-à-vis foreign ownership of its commercial air fleet. Depending on the speed with which the US confirms its commitment to re-assessing its current statutes, signature of the Agreement could take place in the first half of 2006.

The Agreement represents a comprehensive first-stage agreement that will replace the existing bilateral agreements concluded by the Member States with the United States. It removes all existing restrictions on the rights of both Community air carriers and Unites States air carriers to operate between points in the European Community and points in the United States. Further, the Agreement established provisions which allow Community air carriers uniform conditions for market access; it establishes new arrangements for regulatory co-operation between the European Community and the United States and it establishes provisions essential to the safe, secure and efficient operation of transatlantic air services.

There will be strengthened co-operation in matters concerning aviation security and aviation safety and there will be new arrangement for co-operation between the EU-US Competition authorities concerning the application of their respective competition regimes affecting the transatlantic market. All of the terms will simultaneously apply to the 25 EU Member States who will apply the same rules without discrimination and in a uniform manner. In return, Community air carriers will be able to access commercial opportunities, which Member States, acting individually, have been unable to secure. In short, adoption of the proposed Agreement will help enact one of the main objectives of the negotiations, namely the creation of a level playing field between all the EU and US air carriers, complemented by tight regulatory rules.

The proposal has no implications for the Community budget.