Date: 2022-09-26Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Decision (EU) 2022/1643 of 20 September 2022 on the signing, on behalf of the Union, of the Comprehensive Air Transport Agreement between the Member States of the Association of Southeast Asian Nations, and the European Union and its Member States
Executive Summary:
This Council Decision authorises the signing, on behalf of the EU, of the Comprehensive Air Transport Agreement between the EU and its Member States, and the Member States of the Association of Southeast Asian Nations (ASEAN). It approves the Statement by the Member States of the Association of Southeast Asian Nations and the European Union and its Member States on behalf of the Union and authorises the signing of the Record of Statements made on the occasion of the signature of the ASEAN-EU Comprehensive Air Transport Agreement. The decision entered into force on 20 September 2022.
Key Points / Main Content:
* **Agreement Authorisation:**
* Authorises the signing of the Comprehensive Air Transport Agreement between the EU and ASEAN member states on behalf of the Union, subject to the conclusion of the agreement.
* **Statement Approval:**
* Approves the Statement by the Member States of the Association of Southeast Asian Nations and the European Union and its Member States on behalf of the Union.
* Authorises the signing of the Record of Statements made on the occasion of the signature of the ASEAN-EU Comprehensive Air Transport Agreement.
* **Signatory Designation:**
* Authorises the President of the Council to designate individuals empowered to sign the Agreement and the Record of Statements on behalf of the Union.
* **Purpose of the Agreement:**
* Aims to ensure fair competition and facilitate gradual market opening.
* Seeks to increase access to routes and capacity between the Union and ASEAN member states.
* Intends to benefit consumers and the economy.
* Aims for better coordination between the Union and key international partners to avoid disruptions in the event of future crises.
Impact Analysis:
Stakeholders: European Union
* Impact: The EU is now authorised to sign the Comprehensive Air Transport Agreement, and the Statement by the Member States of the Association of Southeast Asian Nations and the European Union and its Member States, improving air transport relations with ASEAN countries.
* Action Required: The President of the Council needs to designate persons empowered to sign the Agreement and the Record of Statements.
Stakeholders: Member States of the European Union
* Impact: The agreement aims to benefit the economies of the member states through increased air transport access and capacity.
* Action Required: No specific action is outlined beyond implementing the agreement once concluded.
Stakeholders: Association of Southeast Asian Nations (ASEAN) Member States
* Impact: ASEAN member states will engage in a comprehensive air transport agreement with the EU.
* Action Required: To take all steps necessary to bring the Agreement into force as expediently as possible, in accordance with their applicable laws and regulations
Stakeholders: Aviation Industry
* Impact: The agreement is expected to lead to increased market access, fairer competition, and better coordination during crises.
* Action Required: To prepare for potential market changes and increased competition resulting from the agreement.
Stakeholders: Consumers
* Impact: Consumers are expected to benefit from the agreement through increased access to routes and capacity.
* Action Required: No specific action required.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
Association of Southeast Asian Nations: A political and economic organization of Southeast Asian countries.
Comprehensive Air Transport Agreement between the Member States of the Association of Southeast Asian Nations, and the European Union and its Member States: An international agreement aimed at regulating and promoting air transport between the EU and ASEAN member states.
European Commission: The executive branch of the European Union responsible for proposing legislation, implementing decisions, and managing the EU's day-to-day operations.
Treaty on the Functioning of the European Union: One of the primary treaties of the European Union, outlining its objectives, organization, and decision-making processes.
Council of the European Union: A part of the government of the European Union representing the executive governments of member states.
Brussels: The capital of Belgium and a major center of European politics, where the decision was made.
COVID19 pandemic: A global pandemic caused by the SARS-CoV-2 virus that significantly impacted the aviation industry.
26.9.2022 EN Official Journal of the European Union L 248/1
II
(Non-legislative acts)
INTERNATIONAL AGREEMENTS
COUNCIL DECISION (EU) 2022/1643
of 20 September 2022
on the signing, on behalf of the Union, of the Comprehensive Air Transport Agreement between the
Member States of the Association of Southeast Asian Nations, and the European Union and its
Member States
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2), in conjunction
with Article 218(5), thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) On 7 June 2016, the Council authorised the opening of negotiations with the Member States of the Association of
Southeast Asian Nations (ASEAN) for a comprehensive air transport agreement.
(2) On 26 May 2020, the Council extended by one year the authorisation of 7 June 2016.
(3) The negotiations for the Comprehensive Air Transport Agreement between the Member States of the Association of
Southeast Asian Nations, and the European Union and its Member States (‘the Agreement’) were successfully
completed on 2 June 2021.
(4) The ASEAN Member States are among the fastest-growing economies in the world, and their markets for air services
have strong potential for further growth. The Agreement aims in particular to ensure fair competition, the
facilitation of gradual market opening and an increase in access to routes and capacity between the Union and the
ASEAN Member States, thereby benefitting consumers and the economy.
(5) The Agreement should therefore be signed on behalf of the Union.
(6) The signing of the Agreement on behalf of the Union does not affect the allocation of competences between the
Union and its Member States. This Decision should not be interpreted as making use of the possibility for the Union
to exercise its external competence with regard to areas covered by the Agreement falling within shared competence
to the extent that such competence has not yet been exercised internally by the Union.
(7) In order for the Agreement to deliver its full benefits as early as possible, it should be concluded swiftly. To that
effect, it is envisaged that, on the occasion of the signing of the Agreement, the Union and its Member States and
the Member States of the Association of Southeast Asian Nations make a statement (‘the statement by the Parties’)
that, in accordance with their applicable laws and regulations, they will take all steps necessary to bring the
Agreement into force as expediently as possible.L 248/2 EN Official Journal of the European Union 26.9.2022
(8) The uncoordinated response of countries across the world to the COVID-19 pandemic was particularly disruptive
for the aviation industry. In order to avoid such disruptions in the event of future crises, there is a need for better
coordination between the Union and key international partners. It is therefore envisaged that, on the occasion of
the signing of the Agreement, the Parties also express in the statement by the Parties their intention to maintain
close discussions and coordination, within the framework of the Joint Committee provided for under the
Agreement, on responses to unexpected crisis events such as the COVID-19 pandemic, with the objective of
mitigating, to the extent possible, any disruptive effects on air services.
(9) The statement by the Parties should be approved on behalf of the Union.
(10) The statement by the Parties, as well as a statement by the Member States of the Union and of the Member States of
ASEAN with the exception of Malaysia and a statement by Malaysia, will be compiled in a Record of Statements
made on the occasion of the signature of the ASEAN-EU Comprehensive Air Transport Agreement (‘the Record of
Statements’). The signing, on behalf of the Union, of the Record of Statements should be authorised,
HAS ADOPTED THIS DECISION:
Article 1
The signing, on behalf of the Union, of the Comprehensive Air Transport Agreement between the Member States of the
Association of Southeast Asian Nations, and the European Union and its Member States is hereby authorised, subject to
the conclusion of the said Agreement(1).
Article 2
The Statement by the Member States of the Association of Southeast Asian Nations and the European Union and its
Member States(2)is hereby approved on behalf of the Union.
The signing, on behalf of the Union, of the Record of Statements made on the occasion of the signature of the ASEAN-EU
Comprehensive Air Transport Agreement, is hereby authorised(3).
Article 3
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of
the Union.
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Record of Statements on
behalf of the Union.
Article 4
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 20 September 2022.
For the Council
The President
M. BEK
(1) The text of the Agreement will be published together with the Decision on its conclusion.
(2) The text of the Statement will be published together with the Agreement.
(3) The text of the Record of Statements will be published together with the Agreement.