Procedure : 2004/0289(CNS)
Document stages in plenary
Document selected : A6-0100/2005

Texts tabled :

A6-0100/2005

Debates :

Votes :

PV 26/05/2005 - 8.4

Texts adopted :

P6_TA(2005)0190

REPORT     *
PDF 143kWORD 70k
22.4.2005
PE 353.712v02-00 A6-0100/2005

on the proposal for a Council decision on the conclusion of the Agreement between the European Community and the Republic of Chile on certain aspects of air services

(COM(2004)0829 – C6‑0011/2005 – 2004/0289(CNS))

Committee on Transport and Tourism

Rapporteur: Paolo Costa

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 PROCEDURE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a Council decision on the conclusion of the Agreement between the European Community and the Republic of Chile on certain aspects of air services

(COM(2004)0829 – C6‑0011/2005 – 2004/0289(CNS))

(Consultation procedure)

The European Parliament,

–   having regard to the proposal for a Council decision (COM(2004)0829)(1),

–   having regard to Articles 80(2) and 300(2), first subparagraph, first sentence, of the EC Treaty,

–   having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6‑0011/2005),

–   having regard to Rules 51 and 83(7) of its Rules of Procedure,

–   having regard to the report of the Committee on Transport and Tourism (A6‑0100/2005),

1.  Approves the conclusion of the agreement;

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

(1)

Not yet published in OJ.


EXPLANATORY STATEMENT

Following the judgements by the Court of Justice of theEuropean Communities, the Community has exclusive competence with respect to various aspects of external aviation, which were traditionally governed by bilateral air services agreements between Member States and third countries.

By consequence the Council authorised the Commission in June 2003 to open negotiations with third countries in order to replace certain provisions in existing bilateral agreements with a Community agreement.

Thus, the Commission has negotiated an agreement with the Republic of Chile that replaces certain provisions in the existing bilateral air services agreements between Member States and Chile.

These changes concern namely:

Art. 2: the traditional designation clauses are replaced by a Community designation clause,

Art. 4 (taxation of aviation fuel): resolves conflicts between the bilateral agreements and Council Directive (2003/96/EC) on the Community framework for the taxation of energy products and electricity,

Art. 5 (pricing): resolves conflicts between the bilateral agreements and the Council Regulation (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.

In Annex 1 and 2 are listed the bilateral agreements which are referred to in the different articles of the agreement between the EU and Chile; they concern Belgium, Denmark, France, Germany, Italy, Luxembourg, the Netherlands, Spain, Sweden, and the United Kingdom.

In Annex 3 are listed the other states referred to; these are Iceland, Liechtenstein, Norway and Switzerland following under the Agreement on the European Economic Area.

The agreement negotiated by the Commission should be signed and provisionally applied. The proposed Council Decision empowers the President of the Council to designate the person or persons to sign on behalf of the Community the above-mentioned agreement on a provisional basis until it enters into force after the completion of the necessary procedures.

Parliament is entitled to give its opinion on this Agreement on the basis of the consultation procedure, according to Rule 83 International agreements, par. 7 that reads as follows:

"Parliament shall give its opinion on, or its assent to, the conclusion, renewal or amendment of an international agreement or a financial protocol concluded by the European Community in a single vote by a majority of the votes cast without amendments to the text of the agreement or protocol being admissible."

On the basis of the above your rapporteur suggests that the TRAN committee should give a favourable opinion on the conclusion of this Agreement.


PROCEDURE

Title

The proposal for a Council decision on the conclusion of the Agreement between the European Community and the Republic of Chile on certain aspects of air services

References

(COM(2004)0829 – C6-0011/2005 – 2004/0289(CNS))

Legal basis

Article 300(3), first subparagraph, EC

Basis in Rules of Procedure

Rule 51 and 83(7)

Date submitted to Parliament

18.1.2005

Committee responsible
  Date announced in plenary

TRAN
26.1.2005

Committee(s) asked for opinion(s)
  Date announced in plenary

 

 

 

 

 

Not delivering opinion(s)
  Date of decision

 

 

 

 

 

Enhanced cooperation
  Date announced in plenary

 

 

 

 

 

Rapporteur(s)
  Date appointed

Paolo Costa
28.7.2004

 

Previous rapporteur(s)

 

 

Simplified procedure
  Date of decision

 

Legal basis disputed
  Date of JURI opinion

 

 

 

Financial endowment amended
  Date of BUDG opinion

 

 

 

European Economic and Social Committee consulted
  Date of decision in plenary

 

Committee of the Regions consulted
  Date of decision in plenary

 

Discussed in committee

19.4.2005

 

 

 

 

Date adopted

19.4.2005

Result of final vote

for:

against:

abstentions:

37

0

0

Members present for the final vote

Margrete Auken, Inés Ayala Sender, Etelka Barsi-Pataky, Sylwester Chruszcz, Paolo Costa, Michael Cramer, Christine De Veyrac, Armando Dionisi, Petr Duchoň, Saïd El Khadraoui, Robert Evans, Mathieu Grosch, Ewa Hedkvist Petersen, Jeanine Hennis-Plasschaert, Georg Jarzembowski, Dieter-Lebrecht Koch, Jaromír Kohlíček, Jörg Leichtfried, Bogusław Liberadzki, Evelin Lichtenberger, Erik Meijer, Janusz Onyszkiewicz, Josu Ortuondo Larrea, Willi Piecyk, Luís Queiró, Reinhard Rack, Luca Romagnoli, Gilles Savary, Ingo Schmitt, Dirk Sterckx, Gary Titley, Marta Vincenzi, Corien Wortmann-Kool, Roberts Zīle

Substitutes present for the final vote

Fausto Correia, Zita Gurmai, Willem Schuth

Substitutes under Rule 178(2) present for the final vote

 

Date tabled – A6

25.4.2005

A6-0100/2005

Comments

 

Legal notice - Privacy policy