This work aims to remove legal uncertainty and ensure the continuity of bilateral ASAs and the development of international air services. The adaptation of existing bilateral agreements to EU legislation also applies to the third countries concerned and to the entire aviation sector, including airlines, users, etc.) It`s important. Therefore, this objective must be achieved effectively and within a reasonable time frame. The Australian government is conducting a bilateral air services negotiation program to strengthen our airlines` access to the world and allow foreign airlines to increase their access to Australia. In addition, certain aspects dealt with in the bilateral Air Services Agreements (ASA) fall under the exclusive competence of the EU and are therefore not self-negotiable by EU Member States. Since the use of aircraft within the borders of a single country makes no economic sense, it has become necessary for countries to find a way to expand their areas of exploitation. This has led to several agreements between two countries in the form of bilateral air services agreements. One of the first air agreements after World War II was the Bermuda Agreement. This agreement was signed in 1946 by the United States of America and the United Kingdom.
The characteristics of the Bermuda Agreement became models for the many agreements that were to follow (Kasper, 1988) 3. Bilateral air services agreements were then extended to multilateral air services agreements. “A multilateral air services agreement is the same as a bilateral air services agreement, the only difference being that it affects more than two states parties” (Wikipedia)4. These agreements subsequently resulted in another form of agreement, known as the “open skies” agreement. Commission decision approving the standard clauses for inclusion in bilateral air services agreements between Member States and third countries, jointly defined by the Commission and Member States where an agreement does not contain the EU designation clause (all EU air carriers based on the territory of the relevant EU Member State with the ability to apply for available traffic rights) would be contrary to the objectives of this common policy. In violation of the principle of freedom of establishment set out in Article 49 of the TFUE, such an agreement would continue to discriminate against EU companies on the basis of their nationality.