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

NON-LEGISLATIVE ACT: Council Decision (EU) 2020/255 on the conclusion, on behalf of the Union, of the Agreement between the European Union and the Government of the People's Republic of China on certain aspects of air services.

CONTENTS: the Council decided to approve, on behalf of the Union, the Agreement between the European Union and the Government of the People's Republic of China on certain aspects of air services.

The purpose of the Agreement is to bring the existing bilateral air services agreements between 27 Member States and the People's Republic of China into line with the EU law.

Article 2 of this Agreement replaces the traditional designation clauses with an EU designation clause which allows all EU carriers to benefit from the right of establishment. Article 4 resolves potential conflicts with Union competition rules.

ENTRY INTO FORCE: 17.2.2020.

The Committee on Transport and Tourism adopted the report by Tomasz Piotr PORĘBA (ECR, PL) on the draft Council decision on the conclusion on behalf of the Union of the Agreement between the European Union and the Government of the People’s Republic of China on certain aspects of air services.

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

To comply with the ruling of the Court of Justice and in accordance with the mechanisms and directives in the Annex to the ‘horizontal autorisation’, the Commission negotiated an agreement with China that replaces certain provisions in the existing bilateral air services agreements between Member States and China.

Negotiations were successfully concluded in December 2017 and the agreement was signed on 20 May 2019 in Brussels.

The agreement is a direct consequence of European Court of Justice case law. It will serve a fundamental objective of the external aviation policy of the Union by bringing existing bilateral air services agreements in line with Union law with a key partner of the European Union.

The agreement will amend or complement provisions in bilateral air services agreements only to the extent necessary to ensure compliance with Union law. Its provisions supersede or complement the existing provisions in 27 bilateral air services agreements between Member States and China.

PURPOSE: to conclude the Agreement between the European Union and the Government of the People's Republic of China on certain aspects of air services.

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: following the judgements of the Court of Justice in the so-called ‘Open Skies’ cases, on 5 June 2003, the Council authorised the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral air services agreements with an agreement at Union level (horizontal authorisation).

The objectives of such agreements are to give all EU air carriers non-discriminatory access to routes between the European Union and third countries, and hence to bring bilateral air services agreements between Member States and third countries in line with Union law.

In accordance with the mechanisms and directives in the Annex to the ‘horizontal authorisation’, the Commission has negotiated an Agreement with China that replaces certain provisions in the existing bilateral air services agreements between Member States and China.

The Agreement was signed, subject to its conclusion at a later date.

CONTENT: The draft Council Decision concerns the approval, on behalf of the Union, of the Agreement between the European Union and the Government of the People's Republic of China on certain aspects of air services.

The purpose of the agreement is to bring existing bilateral air services agreements between 27 Member States and China into line with EU law:

- Article 2 of the Agreement replaces the traditional designation clauses with an EU designation clause which allows all EU carriers to benefit from the right of establishment;

- Article 4 resolves potential conflicts with EU competition rules.

PURPOSE: to conclude the Agreement between the European Union and the Government of the People's Republic of China on certain aspects of air services.

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: following the judgements of the Court of Justice in the so-called ‘Open Skies’ cases, on 5 June 2003, the Council authorised the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral air services agreements with an agreement at Union level (horizontal authorisation).

The objectives of such agreements are to give all EU air carriers non-discriminatory access to routes between the European Union and third countries, and hence to bring bilateral air services agreements between Member States and third countries in line with Union law.

In accordance with the mechanisms and directives in the Annex to the ‘horizontal authorisation’, the Commission has negotiated an Agreement with China that replaces certain provisions in the existing bilateral air services agreements between Member States and China.

The Agreement was signed, subject to its conclusion at a later date.

CONTENT: The draft Council Decision concerns the approval, on behalf of the Union, of the Agreement between the European Union and the Government of the People's Republic of China on certain aspects of air services.

The purpose of the agreement is to bring existing bilateral air services agreements between 27 Member States and China into line with EU law:

- Article 2 of the Agreement replaces the traditional designation clauses with an EU designation clause which allows all EU carriers to benefit from the right of establishment;

- Article 4 resolves potential conflicts with EU competition rules.