Local view for "http://purl.org/linkedpolitics/eu/plenary/2012-01-19-Speech-4-253-000"
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"en.20120119.24.4-253-000"2
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"I voted for this proposal. International aviation relations between Member States and third countries have traditionally been governed by bilateral air services agreements. The EU Court of Justice ruled in 2002 that national designation clauses in the bilateral agreements infringe EU law. They allow 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. This has been found to constitute discrimination against EU carriers established in the territory of a Member State but owned and controlled by nationals of other Member States. This is contrary to Article 49 of the Treaty on the Functioning of the European Union, which guarantees nationals of Member States who have exercised their freedom of establishment the same treatment in the host Member State as that accorded to nationals of that Member State. There are also further issues, such as competition, where compliance with EU law should be ensured. Thus, the Commission has negotiated the agreement that replaces certain provisions in the existing 19 bilateral air services agreements concluded between EU Member States and Indonesia."@en1
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