Proposal for a COUNCIL DECISION on the signing, on behalf of the Union of the Agreement between the European Union and the Government of the People's Republic of China on certain aspects of air services
These documents concern the signing and conclusion on behalf of the European Union of the Agreement between the EU and the Government of the People’s Republic of China on certain aspects of air services (the “Agreement”).
2. The Agreement amends Member States’ bilateral air services agreements with China to bring them into line with EU law that prevents discrimination towards EU airlines which are established in one Member State but are owned and controlled by nationals of other Member States.
3. International aviation relations between individual Member States and third countries have traditionally been governed by bilateral air services agreements.
4. Such bilateral agreements allow a third country to reject, withdraw or suspend the operating 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. These provisions have been found to be discriminatory in that they prevent market access to European Union carriers established in 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 of the European Union who have exercised their freedom of establishment the same treatment in the host Member State as that accorded to nationals of that Member State.