EU–Qatar agreement on air transport

SUMMARY OF:

Agreement on air transport between the European Union (EU) and its Member States, of the one part, and the State of Qatar, of the other part

Decision (EU) 2021/1920 on the signing, on behalf of the EU, and provisional application of the Agreement on air transport between the EU and its Member States, of the one part, and the State of Qatar, of the other part

WHAT IS THE AIM OF THE AGREEMENT AND THE DECISION?

The agreement replaces all European Union (EU) Member States’ bilateral aviation agreements with Qatar and provides a single, modern legal basis for air services between the EU and Qatar including:

a single set of rules;
a level playing field ensuring fair competition; and
a basis for future cooperation on a wide range of aviation issues including safety, security and air traffic management.

It is the first EU aviation agreement with a partner from the Gulf region.

The decision approves the agreement on behalf of the EU.

KEY POINTS

Common rules

Almost all Member States had already granted full market access through bilateral air services agreements with Qatar prior to the signing of this agreement.
However, these bilateral agreements did not include adequate rules to prevent abuse of a liberalised market such as fair competition, transparency or social matters.

The agreement covers three main areas of cooperation.

1.
Economic cooperation

The agreement sets out rules on governing the air transport market between the EU and Qatar, including:
- traffic rights – providing for the unlimited right to fly passengers and cargo between the EU and Qatar, after a transitional phase-in period for services to Belgium, France, Germany, Italy and the Netherlands;
- rules to ensure fair competition by prohibiting discrimination, unfair practices and subsidies which adversely affect the fair and equal opportunity to compete;
- rules to ensure the highest standards of financial transparency, with an obligation to ensure that air carriers publicly issue financial information;
- rules to facilitate business activities, including the right for air carriers to freely establish offices in the territory of the other party;
- rules on user charges for airport and aviation facilities and services.
2.
Regulatory cooperation (aviation safety, security and air traffic management)

Both parties commit to:
- accepting certificates of airworthiness and competence, along with licences, issued by the other party;
- achieving the highest levels of aviation security standards, including conforming to international aviation standards and recommended practices;
- respecting and promoting the International Labour Organization’s fundamental principles and rights at work, working towards ratifying all of that organisation’s fundamental conventions and cooperating on labour matters within the scope of the agreement;
- promoting sustainable aviation and working together on minimising the effects of aviation on the environment – the agreement also includes rules to allow the taxing of aviation fuel within the EU;
- cooperating in air traffic management;
- cooperating to achieve a high level of consumer protection.
3.
Institutional rules (administration and enforcement)
- Each party is responsible for enforcing the rules of the agreement on its territory.
- A joint committee comprising representatives of both parties, and meeting at least yearly, is responsible for administering the agreement and ensuring its proper implementation.
- The agreement includes a dispute resolution mechanism.

FROM WHEN DOES THE AGREEMENT APPLY?

The agreement has applied provisionally since 18 October 2021.

BACKGROUND

This agreement is the first between the EU and a Gulf country, and is part of the process set out in the European Commission communication on developing the agenda for the Community’s external aviation policy.

MAIN DOCUMENTS

Agreement on air transport between the European Union and its Member States, of the one part, and the State of Qatar, of the other part (OJ L 391, 5.11.2021, pp. 3–40).

Council Decision (EU) 2021/1920 of 28 June 2021 on the signing, on behalf of the Union, and provisional application of the Agreement on air transport between the European Union and its Member States, of the one part, and the State of Qatar, of the other part (OJ L 391, 5.11.2021, pp. 1–2).