RECOMMENDATION 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
9.4.2019 - (15056/2018 – C8‑0051/2019 – 2016/0156(NLE)) - ***
Committee on Transport and Tourism
Rapporteur: Jozo Radoš
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 |
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References |
15056/2018 – C8-0051/2019 – COM(2016)0303 – 2016/0156(NLE) |
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Date of consultation / request for consent |
19.2.2019 |
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Committee responsible Date announced in plenary |
TRAN 11.3.2019 |
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Committees asked for opinions Date announced in plenary |
AFET 11.3.2019 |
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Not delivering opinions Date of decision |
AFET 4.4.2019 |
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Rapporteurs Date appointed |
Jozo Radoš 1.8.2016 |
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Date adopted |
8.4.2019 |
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Result of final vote |
+: –: 0: |
31 0 0 |
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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 |
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Substitutes present for the final vote |
Michael Detjen, Stefan Gehrold, Maria Grapini, Peter Kouroumbashev, Jozo Radoš, Matthijs van Miltenburg, Henna Virkkunen |
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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 |
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Date tabled |
9.4.2019 |
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FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE
31 |
+ |
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ALDE |
Gesine Meissner, Matthijs van Miltenburg, Jozo Radoš, Dominique Riquet |
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ENF |
Marie-Christine Arnautu |
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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 |
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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 |
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VERTS/ALE |
Michael Cramer, Karima Delli, Keith Taylor |
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0 |
- |
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0 |
0 |
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Key to symbols:
+ : in favour
- : against
0 : abstention