Local view for "http://purl.org/linkedpolitics/eu/plenary/2003-09-02-Speech-2-050"
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"en.20030902.2.2-050"2
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".
Mr President, on behalf of Mrs de Palacio, who is, owing to exceptional circumstances, obliged to be absent from Strasbourg and has asked me to stand in for her with regard to Mr Schmitt’s report, I should like to give you the Commission’s point of view on this proposal for a European Parliament and Council regulation on the negotiation and implementation of air service agreements between Member States and third countries.
In November 2002, the Court of Justice of the European Communities issued a historic judgment on international air transport. This proposal forms an essential part of the follow-up to that judgment. In eight cases, involving different Member States and brought before the Court of Justice by the Commission, the Court ruled that the Community has jurisdiction in many matters concerning air transport. The Court ruled that the Member States had acted illegally by negotiating and concluding bilateral agreements independently. Insofar as the Community and the Member States currently have shared competency regarding air transport, it is up to the Community to take the initiative in international negotiations, and that is normal practice. That being the case, there is a practical problem. Member States have between them probably concluded around 2 000 bilateral agreements. The Commission cannot take on the responsibility of managing all of them. It is therefore necessary to find a way of now giving the Member States the authorisation to continue some of their negotiations within an acceptable legal framework.
The proposal now before Parliament was designed to enable Member States to carry out that task. The idea is very simple. Member States will have to inform the Commission and the other Member States of any negotiations being planned, which will enable the Commission to verify that they comply with the measures laid down in Community law and to define, where appropriate, any common interests. The other Member States will also be able to identify any common difficulties. Then, once the negotiations have been completed, the Member States will have to notify the Commission of the results, and the Commission will authorise the concluding of the agreement if it complies with Community law and with the Community’s transport policy.
Apart from this system, the proposal also obliges Member States not to discriminate so as to guarantee equal treatment for all the airlines of the Community and avoid a situation in which Member States give preference to their own national airlines. The Court of Justice has clearly indicated that all the airlines established in a Member State should benefit from fair treatment.
There are two aspects which need to be taken into consideration when we examine this proposal. In accordance with current practice, international negotiations on air transport must be conducted at Community level. This proposal constitutes a special and unusual authorisation which recognises existing bilateral precedents in air transport. It provides a balance between compliance with Community law and the establishing of a practical system. Bearing in mind the special nature of this authorisation, it is essential that the activities of Member States should be subject to systematic control before and after the negotiations, so as to avoid any abuse of the system.
Secondly, the Council has examined this proposal and, subject to a few improvements or amendments, it approves it in principle. In particular it has approved the idea of the prior notification of negotiations, as I mentioned just now, and of the subsequent approval of the results of those negotiations. Member States have asked for flexibility so as to be able to negotiate with their bilateral partners. As for the Commission, ladies and gentlemen, it welcomes the favourable response given by the Council to its proposal, and it hopes that the various stages leading towards the final adoption of that proposal will be completed rapidly.
In the light of the above considerations, I would ask you, Mr President, ladies and gentlemen, to observe the progress of the action which we have proposed and which I have had this opportunity of describing to you on behalf of Mrs de Palacio."@en1
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