PURPOSE: to conclude the Agreement between the European Union and Jordan on certain aspects of air services.

LEGISLATIVE ACT: Council Decision 2009/512/EC.

CONTENT: the Council authorised the Commission on 5 June 2003 to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement. On behalf of the Community, the Commission negotiated an Agreement between the European Community and the Hashemite Kingdom of Jordan on certain aspects of air services in accordance with the mechanisms and directives in the Annex to the Council Decision authorising the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement. The Agreement was signed on behalf of the Community on 25 February 2008 subject to its conclusion at a later date.

The Council adopted the decision approving the conclusion of the agreement on certain aspects of air services with Jordan. In summary, the Agreement:

replaces the traditional designation clauses with a Community designation clause. This permits all Community carriers to benefit from the right of establishment; addresses the issue of safety, within the context of Community designations; addresses the matter of aviation fuel taxation (a matter which has been harmonised by Council Directive 2003/96/EC); resolves conflicts between the existing bilateral air services agreements and Council Regulation (EC) No 2409/92 on fares and rates for air services which prohibits third country carriers from being price leaders on air services for carriage wholly within the Community; and resolves potential conflicts with EC competition rules.

The European Parliament adopted a report drafted by Paolo COSTA (ALDE, IT) and approved the conclusion of the agreement between the EC and Jordan on certain aspects of air services.

The Committee on Transport and Tourism adopted a report drafted by Paolo COSTA (ALDE, IT) and approved the conclusion of the agreement between the EC and Jordan on certain aspects of air services.

PURPOSE: the signature and provisional application of the Agreement between the European Community and the Hashemite Kingdom of Jordan on certain aspects of air services.

PROPOSED ACT: Council Decision.

CONTENT: following the judgements of the Court of Justice in the so-called “Open Skies” cases, on 5 June 2003 the Council granted the Commission a mandate to open negotiations with third countries on the replacement of certain provisions in existing agreements with a Community agreement (the “horizontal mandate”). The objectives of such agreements are to give all EU air carriers non-discriminatory access to routes between the Community and third countries, and to bring bilateral air service agreements between Member States and third countries in line with Community law.

In accordance with the mechanisms and directives in the Annex to the ”horizontal mandate”, the Commission has negotiated an agreement with Jordan that replaces certain provisions in the existing bilateral air services agreements between Member States and the Hashemite Kingdom of Jordan. Article 2 of the Agreement replaces the traditional designation clauses with a Community designation clause, permitting all Community carriers to benefit from the right of establishment. Articles 4 and 5 of the Agreement address two types of clauses concerning matters of Community competence. Article 4 deals with the taxation of aviation fuel, a matter which has been harmonised by Council Directive 2003/96/EC restructuring the Community framework for the taxation of energy products and electricity, and in particular Article 14 (2) thereof. Article 5, concerning pricing, resolves conflicts between the existing bilateral air services agreements and Council Regulation No 2409/92 on fares and rates for air services which prohibits third country carriers from being price leaders on air services for carriage wholly within the Community. Article 6 resolves potential conflicts with the EC competition rules.

The relevant provisions of bilateral air services agreements between Member States and Jordan will be superseded or complemented by provisions in one single Community agreement.

The Council is asked to approve the decisions on the signature and on the conclusion of the Agreement between the European Community and Jordan on certain aspects of air services and to designate the persons authorised to sign the Agreement on behalf of the Community.

PURPOSE: the signature and provisional application of the Agreement between the European Community and the Hashemite Kingdom of Jordan on certain aspects of air services.

PROPOSED ACT: Council Decision.

CONTENT: following the judgements of the Court of Justice in the so-called “Open Skies” cases, on 5 June 2003 the Council granted the Commission a mandate to open negotiations with third countries on the replacement of certain provisions in existing agreements with a Community agreement (the “horizontal mandate”). The objectives of such agreements are to give all EU air carriers non-discriminatory access to routes between the Community and third countries, and to bring bilateral air service agreements between Member States and third countries in line with Community law.

In accordance with the mechanisms and directives in the Annex to the ”horizontal mandate”, the Commission has negotiated an agreement with Jordan that replaces certain provisions in the existing bilateral air services agreements between Member States and the Hashemite Kingdom of Jordan. Article 2 of the Agreement replaces the traditional designation clauses with a Community designation clause, permitting all Community carriers to benefit from the right of establishment. Articles 4 and 5 of the Agreement address two types of clauses concerning matters of Community competence. Article 4 deals with the taxation of aviation fuel, a matter which has been harmonised by Council Directive 2003/96/EC restructuring the Community framework for the taxation of energy products and electricity, and in particular Article 14 (2) thereof. Article 5, concerning pricing, resolves conflicts between the existing bilateral air services agreements and Council Regulation No 2409/92 on fares and rates for air services which prohibits third country carriers from being price leaders on air services for carriage wholly within the Community. Article 6 resolves potential conflicts with the EC competition rules.

The relevant provisions of bilateral air services agreements between Member States and Jordan will be superseded or complemented by provisions in one single Community agreement.

The Council is asked to approve the decisions on the signature and on the conclusion of the Agreement between the European Community and Jordan on certain aspects of air services and to designate the persons authorised to sign the Agreement on behalf of the Community.