The Government gave ex post facto approval to the signing of Horizontal Agreement for air services between India and the European Commission. Prior approval of the Prime Minister under Rule 12 of the TOB Rules was taken before the signing.

The Horizontal Agreement was signed between India and the European Commission on 28th September 2008 in Marseilles, France during the visit of the Prime Minister.

Further, following the Open skies judgement of 2002, the EC proposed to the India that ASAs between the member states and India needs to be brought in conformity with EC law failing which these would be vulnerable to legal challenge and had suggested amendments to certain clauses. The EC had the mandate from the Member States to conclude a Horizontal Agreement (HA) with India, which enabled the EC in one go to affect amendments in the ASAs of the Member States to address the legal issue arising out of the “Open Skies” judgment.

The following clauses have been amended;
· Designation by EU Member States
· Refusal, Revocation, Suspension or Limitation of Operating Authorization or Permission and
· Safety
A draft HA had been initialed on 8th April 2008 and the HA has been signed on 28th September 2008 in Marseilles, France during the visit of the Prime Minister. The Agreement brings all bilateral ASAs between India and EU member states in conformity with EC law.

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