Brussels,

International Relations on Aviation

MOBILITY & TRANSPORT

The EU's external aviation policy emerged from the 2002 "open skies" judgments by the Court of Justice of the European Union (CJEU), marking a significant shift in international air service regulations. Traditionally managed through bilateral agreements between states, these judgments established the EU as a major entity with exclusive competences in external aviation relations, altering the landscape of international air services.

Key Developments in EU External Aviation Policy
​

1. Legal Implications of the "Open Skies" Judgments (2002):
   • EU Member States can no longer independently negotiate international air services agreements. Instead, these negotiations are conducted collaboratively between the European Commission and EU Member States, ensuring a unified approach.
2. The 2015 Aviation Strategy:
   • Introduced as part of the Juncker Commission's Work Programme, this Aviation Strategy  aims to enhance the competitiveness of the European aviation sector, incorporating measures to further develop the EU's external aviation policy.
3. The 2012 Communication:
   • The Commission reviewed the EU's external aviation policy to address the sector's challenges, particularly in external relations. The EU Council adopted robust policy frameworks to navigate future industry challenges.
4. The 2005 Roadmap:
   • The policy was outlined through a roadmap structured around three pillars:
     1. Aligning bilateral air services agreements with EU law – Horizontal Agreements. A horizontal agreement is an international agreement negotiated by the European Commission on behalf of EU Member States, in order to bring all existing bilateral air services agreements between EU Member States and a given third country in line with EU law.
     2. Creating a Common Aviation Area with neighboring countries.
     3. Concluding comprehensive agreements with key global partners.

The EU's external aviation policy is characterized by flexibility, openness, and consistency. It focuses on creating economic opportunities by opening markets, fostering investment, and serving as an innovation catalyst. The policy also emphasizes regulatory convergence in operational, social, environmental, security, and safety aspects.

By presenting a unified front, the EU effectively addresses the environmental impacts of aviation growth, particularly concerning climate change, demonstrating the EU's commitment to a harmonized and progressive approach in international aviation.

Aviation Area with the EU’s neighbours

The Common Aviation Area (CAA) initiative is designed to progressively open markets and align regulatory frameworks between the EU and its neighboring countries. This approach is twofold: it facilitates market access and ensures regulatory convergence, thereby promoting fair competition and upholding high standards in safety, security, environmental practices, and other crucial areas.

Key points of the CAA include:
​

1. Adoption of EU Aviation Acquis:
   • Partner countries are expected to adopt parts of the Acquis, which encapsulate European aviation rules, starting with safety regulations.
2. Phased Implementation:
   • Market opening and regulatory harmonization are executed in successive stages, accompanied by technical support to assist partner nations in adopting necessary measures.
3. Comprehensive Agreements:
   • The CAA is actualized through extensive air transport agreements, enhancing economic, trade, and tourism ties. Negotiations for such agreements commence once a neighboring country shows a firm commitment to the CAA's obligations.
4. Existing Agreements:
   • Agreements under this initiative have been concluded with Western Balkans (the ECAA Agreement), Georgia, Israel, Jordan, Moldova, and Morocco, with the first agreements signed in 2006. Most recent agreements include Moldova (June 2012) and Israel (June 2013), with a forthcoming agreement with Ukraine and ongoing negotiations with Lebanon, Tunisia, and Azerbaijan.

The broader vision of the European Common Aviation Area could potentially include up to 50-55 countries, covering a population of nearly 1 billion, signifying a significant step towards a more integrated and cooperative aviation landscape in and around Europe.
​

Documents

• Communication from the Commission The EU and its neighbouring regions A renewed approach to transport cooperation [COM(2011) 415 final] 
• Communication from the Commission - Common aviation area with the Neighbouring Countries by 2010 : progress report [COM(2008)596] 
• Communication from the Commission: A Community aviation policy towards its neighbours [COM(2004)74] 
• Council Conclusions on developing an agenda for the Community’s external aviation policy

EU Aviation Relations

• European Common Aviation Area (ECAA)
• Aviation relations with Morocco 
• Aviation relations with Moldova 
• Aviation relations with Georgia 
• Aviation relations with Jordan
• Aviation relations with Israel
• Aviation relations with Lebanon
• Aviation relations with Tunisia 
• Aviation relations with Algeria

​Horizontal agreements and other agreements

• Agreement between the European Community and the Council of Ministers of the Republic of Albania on certain aspects of air services
• Agreement between the European Community and the Republic of Armenia on certain aspects of air services
• Agreement between the European Community and the Government of Australia on certain aspects of air services
• Agreement between the European Community and the Government of the Republic of Azerbaijan on certain aspects of air services
• Agreement between the European Community and Bosnia and Herzegovina on certain aspects of air services
• Agreement between the European Community and the Republic of Bulgaria on certain aspects of air services
• Agreement between the European Union and the Republic of Cape Verde  on certain aspects of air services
• Agreement between the European Community and the Republic of Chile on certain aspects of air services
• Agreement between the European Community and the Republic of Croatia on certain aspects of air services
• Agreement between the European Community and the Republic of North Macedonia on certain aspects of air services
• Agreement between the European Community and the Government of Georgia on certain aspects of air services
• Agreement between the European Community and the Government of the Republic of India on certain aspects of air services
• Agreement between the European Community and the Government of the Republic of Indonesia  on certain aspects of air services
• Agreement between the European Community and the State of Israel on certain aspects of air services
• Agreement between the European Community and the Hashemite Kingdom of Jordan on certain aspects of air services
• Agreement between the European Community and the Government of the Kyrgyz Republic on certain aspects of air services
• Agreement between the European Community and the Republic of Lebanon on certain aspects of air services
• Agreement between the European Community and the Government of Malaysia on certain aspects of air services
• Agreement between the European Community and the Republic of Maldives on certain aspects of air services
• Agreement between the European Union and the United Mexican States  on certain aspects of air services
• Agreement between the European Community and the Republic of Moldova on certain aspects of air services
• Agreement between the European Community and the Government of Mongolia on certain aspects of air services
• Agreement between the European Community and the Kingdom of Morocco  on certain aspects of air services
• Agreement between the European Community and the Government of Nepal on certain aspects of air services
• Agreement between the European Community and New Zealand on certain aspects of air services
• Agreement between the European Community and the Islamic Republic of Pakistan on certain aspects of air services
• Agreement between the European Community and the Republic of Panama on certain aspects of air services
• Agreement between the European Community and the Republic of Paraguay on certain aspects of air services
• Agreement between the European Community and Romania on certain aspects of air services
• Agreement between the European Community and Serbia and Montenegro on certain aspects of air services
• Agreement between the European Community and the Government of the Republic of Singapore on certain aspects of air services
• Agreement between the European Community and the West African Economic and Monetary Union  on certain aspects of air services
• Agreement between the European Community and Ukraine on certain aspects of air services
• Agreement between the European Community and the United Arab Emirates on certain aspects of air services
• Agreement between the European Community and the Oriental Republic of Uruguay on certain aspects of air services
• Agreement between the European Union and the Government of the Socialist Republic of Vietnam  on certain aspects of air services
• Agreement between the European Community and the Government of Canada on the processing of Advance Passenger Information and Passenger Name Record data
• Agreement between the European Union and the United States of America on the processing and transfer of Passenger Name Record (PNR) data by air carriers to the United States Department of Homeland Security (DHS) (2007 PNR Agreement)

​
Multilateral conventions

• EEA 
• ECAA 

Global Partners

​The third pillar of the EU's external aviation policy involves strategic negotiations to secure global agreements with key world regions. The focus is on accessing markets, fostering fair competition in dynamic global markets, reforming international civil aviation, and promoting European standards and the aviation industry.

The EU, in collaboration with EU Member States, has pinpointed significant partners that hold substantial aviation interest for the EU. Negotiations at the EU level aim to provide substantial value beyond bilateral agreements by establishing a comprehensive regulatory framework that enhances commercial opportunities, benefiting both the industry and its stakeholders, including passengers and cargo shippers.

Noteworthy agreements include the "first" and "second stage" agreements with the United States in 2007 and 2010, respectively. In 2009, an extensive agreement with Canada set up a true open aviation area, fostering investment opportunities and fostering regulatory cooperation in all aspects of air transport policy. This agreement was later joined by Norway and Iceland in 2011.

Additionally, a comprehensive aviation agreement was finalized with Brazil in March 2011, which is currently under renegotiation, and discussions with other major global partners are ongoing.

The EU's approach to these agreements transcends the conventional "open skies" model of merely liberalizing markets. It encompasses a liberalization process for airline ownership and regulatory alignment in critical areas such as safety, security, competition, environmental standards, passenger protection, labor, and more, aiming for achievements beyond what could be attained at national levels.
​

1. Council Conclusions on developing an agenda for the Community’s external aviation policy
2. Communication from the Commission - Developing the agenda for the Community’s external aviation policy [COM(2005)79] ​

​

• Aviation relations with Australia
• Aviation relations with Brazil 
• Aviation relations with Canada
• Aviation relations with New Zealand
• Aviation relations with United States of America

Policy and other related documents

• Communication from the Commission on relations between the Community and third countries in the field of air transport [COM(2003)94] 
• Commission Decision on approving the standard clauses for inclusion in bilateral air service agreements between Member States and third countries jointly laid down by the Commission and the Member States
• Information note: EU external aviation policy: why does the EU want to modify air service agreements between its member States and partner countries?
• Model Horizontal Agreement

EU AFFAIRS INTELLIGENCE FOR PROFESSIONALS

Do you need to anticipate, monitor and act
​when your business is influenced by EU decisions?

Get a Free Trial of
eEuropa┃Business Intelligence on Transport

ENTER