The European Parliament adopted by 638 votes to 10, with 14 abstention, a legislative resolution approving unamended, under the consultation procedure, the proposal for a Council decision on the conclusion of the Agreement between the European Community and the Republic of Armenia on certain aspects of air services.

PURPOSE: to approve the Agreement between the EC and Armenia on certain aspects of air services.

LEGISLATIVE ACT: Council Decision 2009/513/EC on the conclusion of the Agreement between the European Community and the Republic of Armenia on certain aspects of air services.

CONTENT: following the judgements of the Court of Justice in the “Open Skies” cases, the Council granted the Commission a mandate, in June 2003, to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement (the “horizontal mandate”). The objective of the new agreements is 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.

With this Decision, the Agreement between the European Community and the Republic of Armenia on certain aspects of air services is hereby approved on behalf of the Community.

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; 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; 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

brings provisions in bilateral agreements which are clearly anti-competitive (obligatory commercial agreements between airlines) in line with EU competition law.

The Committee on Transport and Tourism adopted, without amendment, the report drafted by Paolo COSTA (ALDE, IT), according to the simplified procedure - Rule 43(1) of the Rules of Procedure, on the proposal for a Council decision on the conclusion of the Agreement between the European Community and the Republic of Armenia on certain aspects of air services.

PURPOSE: i) to sign a provisional application of an Agreement between the Community and the Republic of Armenia on certain aspects of air services and ii) to conclude the Agreement.

PROPOSED ACT: Council Decision.

BACKGROUND: since 2003, when the European Court of Justice delivered the “Open Skies” cases, the Commission had been negotiating with third countries the replacement of certain provisions in existing bi-lateral agreements; the latter being contrary to basic EU law. The objective of the new agreements is 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.

CONTENT: the purpose of this proposal is to sign and conclude an agreement on certain aspects of air services between the Community and the Republic of Armenia . In summary, the Agreement negotiated by the Commission:

replaces the traditional designation clauses with a Community designation clause. This permits all Community carriers to benefit from the right of establishment; addresses two types of clauses concerning matters of Community competence; 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.

In accordance with the standard procedure for the signature and conclusion of international agreements, therefore, the Council is asked to approve the proposed Decision.

PURPOSE: i) to sign a provisional application of an Agreement between the Community and the Republic of Armenia on certain aspects of air services and ii) to conclude the Agreement.

PROPOSED ACT: Council Decision.

BACKGROUND: since 2003, when the European Court of Justice delivered the “Open Skies” cases, the Commission had been negotiating with third countries the replacement of certain provisions in existing bi-lateral agreements; the latter being contrary to basic EU law. The objective of the new agreements is 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.

CONTENT: the purpose of this proposal is to sign and conclude an agreement on certain aspects of air services between the Community and the Republic of Armenia . In summary, the Agreement negotiated by the Commission:

replaces the traditional designation clauses with a Community designation clause. This permits all Community carriers to benefit from the right of establishment; addresses two types of clauses concerning matters of Community competence; 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.

In accordance with the standard procedure for the signature and conclusion of international agreements, therefore, the Council is asked to approve the proposed Decision.