| Author (Corporate) | European Commission |
|---|---|
| Series Title | COM |
| Series Details | (2015) 423 final (7.9.15) |
| Publication Date | 07/09/2015 |
| Content Type | Policy-making |
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International aviation relations between Member States and third countries have traditionally been governed by bilateral air services agreements between Member States and third countries, the annexes to such agreements and other related bilateral or multilateral arrangements. Traditional designation clauses in Member States’ bilateral air services agreements infringe Union 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 air 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. Following the judgements of the Court of Justice in the so-called “Open Skies” cases, on 5 June 2003 the Council authorized the Commission to open negotiations with third countries on the replacement of certain provisions in existing agreements with an agreement at Union level (the “horizontal authorisation”). The objectives of such agreements are to give all European Union air carriers non-discriminatory access to routes between the European Union and third countries, and to bring bilateral air services agreements between Member States and third countries in line with Union law. In accordance with the mechanisms and directives in the Annex to the ”horizontal authorisation”, the Commission has negotiated an agreement with the People's Republic of Bangladesh that replaces certain provisions in the existing bilateral air services agreements between Member States and the People's Republic of Bangladesh. Article 2 of the 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. |
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| Source Link | http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM:2015:423:FIN |
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| Subject Categories | Mobility and Transport |
| Countries / Regions | Europe, Southern Asia |
