The European Parliament adopted by 679 votes to 6, with 3 abstentions, a legislative resolution on the draft Council decision on the conclusion, on behalf of the European Union, of the Agreement between the European Union and the Republic of Korea on certain aspects of air services.

Following the recommendation of the Committee on Transport and Tourism, Parliament gave its consent to the conclusion of the agreement.

The agreement between the European Union and the Republic of Korea on certain aspects of air services is a Horizontal Aviation Agreement negotiated by the European Commission on behalf of EU Member States and the Republic of Korea, following the judgements of the Court of Justice in the so-called ‘Open Skies’ cases.

The agreement replaces or complements existing bilateral air services agreements between Member States and the Republic of Korea. It was signed on 25 June 2020.

The agreement allows any EU airline to fly to the Republic of Korea from any of the 22 EU Member States, which currently have a bilateral air services agreement with the Republic of Korea.

In addition to the new routes’ opportunities for the EU carriers, the agreement is beneficial for both sides by bringing legal certainty to the commercial operations and ensuring non-discriminative approach to the airlines flying between the two respective territories.

PURPOSE: to sign, on behalf of the European Union, the Agreement between the European Union and the Republic of Korea on certain aspects of air services.

PROPOSED ACT: Council Decision.

BACKGROUND: on 5 June 2003, the Council authorised the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with an agreement at Union level.

The Commission negotiated, on behalf of the Union, an Agreement with the Republic of Korea on certain aspects of air services. The negotiations were successfully concluded by the initialling of the Agreement on 12 November 2008. Subsequently, the Council adopted on 31 March 2009 a Decision on the signing of the Agreement but due to reluctance by the Republic of Korea the Agreement has not yet been signed. In 2018, however, the Republic of Korea expressed a new interest in signing and concluding the Agreement.

Following the successful conclusion of the negotiations on the Agreement, it should be signed on behalf of the European Union subject to its conclusion at a later date. This proposal contains a decision to this effect.

CONTENT: the purpose of the proposal for a Council Decision is to approve, on behalf of the Union, the signing of the Agreement between the European Union and the Republic of Korea on certain aspects of air services, subject to its conclusion.

The purpose of the Agreement is to bring the existing bilateral air services agreements between the Member States and the Republic of Korea into conformity with EU law.

For more details on the content of the agreement, please refer to the summary of the initial legislative proposal for the conclusion of the agreement dated 21.2.2019.

PURPOSE: to conclude the Agreement between the European Union and the Republic of Korea 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 (the “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.

CONTENT: in accordance with the mechanisms and directives in the Annex to the ”horizontal authorisation”, the Commission has negotiated an Agreement with the Republic of Korea that replaces certain provisions in the existing bilateral air services agreements between Member States and the Republic of Korea.

The objective of the Agreement is to bring bilateral air services agreements between 22 Member States and the Republic of Korea in line with Union law:

- Article 2 of the Agreement replaces the traditional designation clauses with an EU designation clause, permitting all EU carriers to benefit from the right of establishment.

- Article 4 safeguards the right of Member States under EU law to impose, on a non-discriminatory basis, taxes, levies, duties, fees or charges on fuel supplied in its territory for use in an aircraft of a designated air carrier of the Republic of Korea that operates between a point in the territory of that Member State and another point in the territory of that Member State or in the territory of another Member State.

- Article 5 resolves potential conflicts with the competition rules of the Union.

With this proposal for a Decision, the Council is invited to approve on behalf of the Union the Agreement between the European Union and the Republic of Korea on certain aspects of air services.