Procedure : 2016/0156(NLE)
Document stages in plenary
Document selected : A8-0191/2019

Texts tabled :

A8-0191/2019

Debates :

Votes :

PV 16/04/2019 - 8.4

Texts adopted :

P8_TA(2019)0362

RECOMMENDATION     ***
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9.4.2019
PE 636.202v02-00 A8-0191/2019

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 Republic of the Philippines on certain aspects of air services

(15056/2018 – C8‑0051/2019 – 2016/0156(NLE))

Committee on Transport and Tourism

Rapporteur: Jozo Radoš

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 PROCEDURE – COMMITTEE RESPONSIBLE
 FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

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 Republic of the Philippines on certain aspects of air services

(15056/2018 – C8‑0051/2019 – 2016/0156(NLE))

(Consent)

The European Parliament,

–  having regard to the draft Council decision (15056/2018),

–  having regard to draft agreement between the European Union and the Government of the Republic of the Philippines on certain aspects of air services(1),

–  having regard to the request for consent submitted by the Council in accordance with Article 100(2) and Article 218(6), second subparagraph, point (a) of the Treaty on the Functioning of the European Union (C8‑0051/2019),

–  having regard to Rule 99(1) and (4), and Rule 108(7) of its Rules of Procedure,

–  having regard to the recommendation of the Committee on Transport and Tourism (A8-0191/2019),

1.  Gives its consent to conclusion of the agreement;

2.  Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Republic of the Philippines.

(1)

OJ L 322, 18.12.2018, p. 3.


EXPLANATORY STATEMENT

Background

Traditionally, Members Sates of the Union have concluded bilateral air services agreements with third countries. However, the designation clauses in these agreements were contrary to Union law because they allowed a third country to reject, withdraw or suspend the permissions or authorisations of an air carrier that has been designated by a Member State but that is not substantially owned and effectively controlled by that Member State or its nationals. The Court of Justice has ruled that this constituted a discrimination against EU air carriers established in the territory of a Member State but owned and controlled by nationals of other Member States (Article 49 of the Treaty on the Functioning of the European Union).

Following the judgements of the Court 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 objective of such agreements is to give all EU air carriers non-discriminatory access to routes between the European Union and third countries.

Negotiation process

Given that some provisions of the ten bilateral air services agreements between Member States and the Republic of the Philippines were contrary to Union law, the Commission submitted, on 27 May 2016, its proposal for the conclusion of the agreement between the European Union and the Government of the Republic of the Philippines on certain aspects of air services. At the end of the negotiation process, both parties signed the draft agreement on 29 November 2018 in Brussels, and on 18 February 2019, the Council appealed to the European Parliament to give its consent.

Content of the agreement

To comply with the ”horizontal authorisation”, the Commission has negotiated an agreement with the Republic of the Philippines that replaces certain provisions in the existing bilateral air services agreements between Member States and the Republic of the Philippines. Article 2 of the draft agreement replaces the traditional designation clauses with an “EU designation clause”, permitting all EU carriers to benefit from the right of establishment. Article 5 resolves potential conflicts with the competition rules of the Union.

Other provisions, particularly on aviation fuel taxation and obligatory commercial agreements between airlines, were introduced to ensure compliance with Union law and they serve to amend or complement existing provisions in bilateral air service agreements between Member States and third countries.


PROCEDURE – COMMITTEE RESPONSIBLE

Title

Agreement between the EU and the Government of the Republic of the Philippines on certain aspects of air services

References

15056/2018 – C8-0051/2019 – COM(2016)03032016/0156(NLE)

Date of consultation / request for consent

19.2.2019

 

 

 

Committee responsible

       Date announced in plenary

TRAN

11.3.2019

 

 

 

Committees asked for opinions

       Date announced in plenary

AFET

11.3.2019

 

 

 

Not delivering opinions

       Date of decision

AFET

4.4.2019

 

 

 

Rapporteurs

       Date appointed

Jozo Radoš

1.8.2016

 

 

 

Date adopted

8.4.2019

 

 

 

Result of final vote

+:

–:

0:

31

0

0

Members present for the final vote

Marie-Christine Arnautu, Inés Ayala Sender, Georges Bach, Michael Cramer, Andor Deli, Karima Delli, Isabella De Monte, Ismail Ertug, Dieter-Lebrecht Koch, Georg Mayer, Gesine Meissner, Gabriele Preuß, Christine Revault d’Allonnes Bonnefoy, Dominique Riquet, Massimiliano Salini, Claudia Schmidt, Keith Taylor, Wim van de Camp

Substitutes present for the final vote

Michael Detjen, Stefan Gehrold, Maria Grapini, Peter Kouroumbashev, Jozo Radoš, Matthijs van Miltenburg, Henna Virkkunen

Substitutes under Rule 200(2) present for the final vote

José Blanco López, Eider Gardiazabal Rubial, John Howarth, Olle Ludvigsson, Francisco José Millán Mon, Andrey Novakov

Date tabled

9.4.2019


FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

31

+

ALDE

Gesine Meissner, Matthijs van Miltenburg, Jozo Radoš, Dominique Riquet

ENF

Marie-Christine Arnautu

PPE

Georges Bach, Wim van de Camp, Andor Deli, Stefan Gehrold, Dieter-Lebrecht Koch, Francisco José Millán Mon, Andrey Novakov, Massimiliano Salini, Claudia Schmidt, Henna Virkkunen

S&D

Inés Ayala Sender, José Blanco López, Isabella De Monte, Michael Detjen, Ismail Ertug, Eider Gardiazabal Rubial, Maria Grapini, John Howarth, Peter Kouroumbashev, Olle Ludvigsson, Alex Mayer, Gabriele Preuß, Christine Revault d'Allonnes Bonnefoy

VERTS/ALE

Michael Cramer, Karima Delli, Keith Taylor

0

-

 

 

0

0

 

 

Key to symbols:

+  :  in favour

-  :  against

0  :  abstention

Last updated: 10 April 2019Legal notice