EUROPEAN  
COMMISSION  
Brussels, 8.4.2021  
COM(2021) 156 final  
2021/0082 (NLE)  
Proposal for a  
COUNCIL DECISION  
on the conclusion, on behalf of the Union, of the Air Transport Agreement between the  
State of Qatar, of the one part, and the European Union and its Member States, of the  
other part.  
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EXPLANATORY MEMORANDUM  
1.  
CONTEXT OF THE PROPOSAL  
Reasons for and objectives of the proposal  
The Agreement on Air Transport between the State of Qatar (hereinafter “Qatar”) and the  
European Union and its Member States (hereinafter the Agreement) has been negotiated by  
the Commission as authorised by the Council on 7 June 2016. On [xx] the European Union  
and its Member States, of the one part, and Qatar, of the other part, signed the Agreement that  
was intended, inter alia, to facilitate the expansion of international air transport opportunities,  
ensuring high standards to avoid abuses of open markets and thereby maximising benefits for  
consumers, the entire aviation value chain and workers.  
General context  
The negotiating directives set out the general objective of negotiating a comprehensive air  
transport agreement with the aim of gradually and reciprocally opening market access,  
enhancing regulatory co-operation and convergence and ensuring fair competition and  
transparency.  
Consistency with existing policy provisions in the policy area  
The conclusion of an EU air transport agreements is a key element in the development of the  
EU external aviation policy, as described in the Commission Communications COM (2012)  
556 final on the "EU's External Aviation Policy - Addressing Future Challenges" and COM  
(2015) 598 final on “An Aviation Strategy for Europe”: Qatar is one of the fastest growing  
extra-EU markets. Nearly all Member States have already granted full market access through  
their existing bilateral air services agreements with Qatar prior to the signing of the  
Agreement. Yet, these bilateral agreements lacked adequate provisions on essential elements  
to avoid abuses of a liberalised marketplace such as fair competition, transparency or social  
matters, all of which are included in the Agreement.  
Consistency with existing provisions in the area of the proposal  
The provisions of the Agreement prevail over the relevant provisions of the existing bilateral  
air services agreements between Member States and Qatar. However, existing traffic rights  
which originate from these bilateral agreements and which are not covered under this  
Agreement can continue to be exercised, provided that there is no discrimination between the  
Member States and their nationals.  
Regulation (EU) 2019/712 on safeguarding competition in air transport ensures that any  
measures adopted on its basis must respect international obligations, including those of this  
Agreement.  
2.  
LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY  
Legal basis  
Article 100 (2) of the Treaty on the Functioning of the European Union (“TFEU”)in  
conjunction with Article 218 (6) (a) thereof.  
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Subsidiarity (for non-exclusive competence)  
The provisions of the Agreement will prevail over the relevant provisions of the existing  
arrangements made by individual Member States. The Agreement creates simultaneously for  
all European Union air carriers' equal and uniform conditions for market access, and  
establishes new arrangements for regulatory co-operation and convergence between the  
European Union and Qatar in fields essential for the safe, secure, and efficient operation of air  
services. These arrangements can only be achieved at Union level.  
Union action will better achieve the objectives of the proposal for the following reasons.  
The Agreement allows for the simultaneous extension of its terms to the 28 Member States,  
applying the same rules without discrimination and benefiting all Union air carriers regardless  
of their nationality. It includes comprehensive provisions on subsidies, anticompetitive  
practices and transparency and robust mechanisms to enforce them, thereby contributing to a  
level playing field for air services between the EU and Qatar, and between the EU and other  
destinations, for example in Asia, operated via Qatar. None of the existing bilateral air  
services agreements of Member States includes comparable provisions.  
The Agreement further secures for all Union air carriers access to commercial opportunities,  
such as the ones relating to ground-handling, code-sharing, inter-modality, the possibility to  
freely establish prices and removes the requirement for Union air carriers to work with a local  
sponsor to establish local offices in Qatar. It also includes provisions on social matters in line  
with those included in EU international trade agreements, committing the Parties to improve  
the social and labour policies as per their international commitments, notably the in the  
context of the International Labour Organization (ILO). None of the existing bilateral air  
services agreements of Member States includes comparable provisions.  
Proportionality  
A Joint Committee, composed of representatives of the Commission and the Member States  
and of Qatar, has been established to discuss matters related to the implementation of the  
Agreement. The Joint Committee thereby fosters expert-level exchanges and may consider  
potential areas for further development of the Agreement.  
Furthermore, Member States continue to carry out the traditional administrative tasks they  
execute in the context of international air transport, but under common rules applied  
uniformly.  
Choice of the instrument  
International agreement.  
3.  
RESULTS  
OF  
EX-POST  
EVALUATIONS,  
STAKEHOLDER  
CONSULTATIONS AND IMPACT ASSESSMENTS  
Ex-post evaluations/fitness checks of existing legislation  
Not applicable.  
Stakeholder consultations  
In line with Article 218(4) TFEU, the Commission has conducted the negotiations in  
consultation with a special committee. Stakeholders from the entire aviation value chain and  
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social partners, including notably trade unions, have equally been consulted during the  
negotiations. Comments made in this process have been taken into account.  
Collection and use of expertise  
Not applicable.  
Impact assessment  
Not applicable.  
Regulatory fitness and simplification  
Not applicable.  
Fundamental rights  
Not applicable.  
4.  
BUDGETARY IMPLICATIONS  
The proposal has no implication for the budget of the Union.  
5.  
OTHER ELEMENTS  
Summary of the proposed agreement  
The Agreement consists of the main body including the core principles and two annexes:  
Annex I on transitional provisions and Annex II on the geographic applicability of 5th freedom  
traffic rights for all-cargo services.  
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2021/0082 (NLE)  
Proposal for a  
COUNCIL DECISION  
on the conclusion, on behalf of the Union, of the Air Transport Agreement between the  
State of Qatar, of the one part, and the European Union and its Member States, of the  
other part.  
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 (6)(a) and Article 218 (7) thereof,  
Having regard to the proposal from the European Commission,  
Having regard to the consent of the European Parliament.  
Whereas:  
(1)  
In accordance with Council Decision XXXX/XX the Agreement on Air Transport  
between the State of Qatar, of the one part, and the European Union and its Member  
States, of the other part was signed on XX, subject to its conclusion at a later date.  
(2)  
(3)  
The Agreement has been ratified by all Member States.  
The Agreement should be approved on behalf of the Union.  
HAS ADOPTED THIS DECISION:  
Article 1  
The Air Transport Agreement between the State of Qatar, of the one part, and the European  
Union and its Member States, of the other part (hereinafter, the “Agreement”), is hereby  
approved on behalf of the Union.  
The text of the Agreement is attached to this Decision.  
Article 2  
The President of the Council shall designate the person empowered to proceed, on behalf of  
the Union, to the deposit of the instrument of approval provided for in Article 29 of the  
Agreement, in order to express the consent of the Union to be bound by the Agreement  
Article 3  
This Decision shall enter into force on the day of its adoption.  
Done at Brussels,  
For the Council  
The President  
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