52019PC0585

EUROPEAN COMMISSION

Brussels, 14.11.2019

COM(2019) 585 final

2019/0258(NLE)

Proposal for a

COUNCIL DECISION

on the conclusion, on behalf of the European Union and its Member States, of the Protocol amending the Air Transport Agreement between the United States of America and the European Community and its Member States signed on April 25 and 30, 2007 as amended by the Protocol to amend the Air Transport Agreement between the United States of America and the European Community and its Member States, signed on April 25 and 30, 2007, signed by the United States of America and the European Union and its Member States on 24 June 2010, to take account of the accession to the European Union of the Republic of Croatia

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

Under Article 6 (2) of the Act of Accession, Croatia has undertaken to accede to the agreements concluded or signed by the Union and the Member States with third countries. Among those agreements is the Air Transport Agreement between the United States of America and the European Community and its Member States (“the EU-US ATA”).

That provision further provides that the accession of Croatia to those agreements shall be agreed by the conclusion of a protocol to the agreements between the Council, acting unanimously on behalf of the Member States, and the third country concerned. Moreover, the Commission shall negotiate those protocols on behalf of the Member States.

The Commission has accordingly negotiated a protocol amending the EU-US ATA to provide for the accession of Croatia to that agreement.

The objective of the present proposal is to obtain a Council decision, based on Article 218 (6) (a) of the Treaty on the Functioning of the European Union (the “TFEU”) and Article 6 (2) of the Act of Accession, on the conclusion of the protocol on behalf of the Union and the Member States, subsequent to its signing.

•General context

The undertaking by Croatia under Article 6 (2) of the Act of Accession applies also to the Air Transport Agreement between the United States of America, the European Union and its Member States, Iceland and Norway, which extends the scope of the EU-US ATA to the latter countries, and the Ancillary Agreement between the European Union and its Member States, Iceland and Norway, which governs the relationship between those parties under the aforementioned agreement.

The Commission has consequently negotiated protocols amending also those agreements to provide for the accession of Croatia to them. Proposals for Council decisions on the signing and provisional application as well as for the conclusion of those protocols are presented in parallel with the present proposal, as is the the proposal for the Council decision on the signing and provisional application of the protocol amending the EU-US ATA.

•Consistency with existing policy provisions in the policy area

The EU-US ATA was the first comprehensive air transport agreement with a key aviation partner of the Union. It is the most important air transport agreement in the world, providing more than 80 million seats per year, and as such a cornerstone of the Union’s external aviation policy. The protocol will enable Croatia to benefit from the EU-US ATA.

•Consistency with existing provisions in the area of the proposal

The protocol enables Croatia to fulfil its obligation under Article 6 (2) of the Act of Accession to accede to the EU-US ATA.

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•Legal basis

Article 100 (2) in conjunction with Article 2018 (6) (a) of the TFEU, and Article 6 (2), second subparagraph, of the Act of Accession.

•Subsidiarity (for non-exclusive competence)

The Protocol will allow Croatia to benefit from the EU-US ATA which creates equal and uniform conditions for market access and serves as a basis for new arrangements for regulatory co-operation and convergence in fields essential for the safe, secure, and efficient operation of air services. These arrangements can only be achieved at Union level.

•Proportionality

The Protocol is limited to dealing with the issue at stake, namely the accession of Croatia to the EU-US ATA and does not address other matters.

•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

Not applicable.

•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 Protocol consists of a main body providing for the accession of Croatia to the EU-US ATA and the consequential amendments to that agreement, and a Joint Declaration on the authentication of additional language versions.

2019/0258 (NLE)

Proposal for a

COUNCIL DECISION

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) thereof,

Having regard to the Act of Accession of Croatia, and in particular Article 6 (2), second subparagraph, thereof,

Having regard to the proposal from the European Commission,

Having regard to the consent of the European Parliament,

Whereas:

(1)(1)In accordance with Council Decision [ ], the Protocol amending the Air Transport Agreement between the United States of America and the European Community and its Member States signed on April 25 and 30, 2007 as amended by the Protocol to amend the Air Transport Agreement between the United States of America and the European Community and its Member States, signed on April 25 and 30, 2007, signed by the United States of America and the European Union and its Member States on 24 June 2010, to take account of the accession to the European Union of the Republic of Croatia (“the Protocol”) was signed on [ ], subject to its conclusion at a later date. The Protocol should be approved on behalf of the Union and its Member States.

HAS ADOPTED THIS DECISION:

Article 1

The Protocol amending the Air Transport Agreement between the United States of America and the European Community and its Member States signed on April 25 and 30, 2007 as amended by the Protocol to amend the Air Transport Agreement between the United States of America and the European Community and its Member States, signed on April 25 and 30, 2007, signed by the United States of America and the European Union and its Member States on 24 June 2010, to take account of the accession to the European Union of the Republic of Croatia (“the Protocol”), is hereby approved on behalf of the Union and its Member States.

Article 2

The President of the Council shall designate the person empowered to proceed, on behalf of the Union and its Member States, to the exchange of diplomatic notes provided for in Article 3 of the Protocol, in order to express the consent of the Union and its Member States to be bound by the Protocol.

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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EUROPEAN COMMISSION

Brussels, 14.11.2019

COM(2019) 585 final

ANNEXES

to the

Proposal for a Council Decision

Annex 1

PROTOCOL

Amending the Air Transport Agreement between the United States of America and the European Community and its Member States, signed on April 25 and 30, 2007, as amended by the Protocol to amend the Air Transport Agreement between the United States of America and the European Community and its Member States, signed on April 25 and 30, 2007, signed by the United States of America and the European Union and its Member States on 24 June 2010, to take account of the accession to the European Union of the Republic of Croatia

THE UNITED STATES OF AMERICA (hereinafter, ‘the United States’), of the one part;

and

THE REPUBLIC OF AUSTRIA,

THE KINGDOM OF BELGIUM,

THE REPUBLIC OF BULGARIA,

THE REPUBLIC OF CROATIA,

THE REPUBLIC OF CYPRUS,

THE CZECH REPUBLIC,

THE KINGDOM OF DENMARK,

THE REPUBLIC OF ESTONIA,

THE REPUBLIC OF FINLAND,

THE FRENCH REPUBLIC,

THE FEDERAL REPUBLIC OF GERMANY,

THE HELLENIC REPUBLIC,

HUNGARY,

IRELAND,

THE ITALIAN REPUBLIC,

THE REPUBLIC OF LATVIA,

THE REPUBLIC OF LITHUANIA,

THE GRAND DUCHY OF LUXEMBOURG,

MALTA,

THE KINGDOM OF THE NETHERLANDS,

THE REPUBLIC OF POLAND,

THE PORTUGUESE REPUBLIC,

ROMANIA,

THE SLOVAK REPUBLIC,

THE REPUBLIC OF SLOVENIA,

THE KINGDOM OF SPAIN,

THE KINGDOM OF SWEDEN,

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

being parties to the Treaty on European Union and the Treaty on the Functioning of the European Union and being Member States of the European Union (hereinafter, ‘the Member States’),

and the EUROPEAN UNION, of the other part;

Having regard to the accession of the Republic of Croatia to the European Union on 1 July 2013,

HAVE AGREED AS FOLLOWS:

Article 1

The Air Transport Agreement between the United States of America and the European Community and its Member States, signed on April 25 and 30, 2007 (hereinafter, ‘the Air Transport Agreement’), as amended by the Protocol to amend the Air Transport Agreement between the United States of America and the European Community and its Member States, signed on April 25 and 30, 2007, signed by the United States of America and the European Union and its Member States on June 24, 2010 (hereinafter, ‘the 2010 Protocol’), shall apply to the Republic of Croatia as a Member State of the European Union.

Article 2

1. The following provision shall be added to Section 1 of Annex 1 of the Air Transport Agreement, as amended by the 2010 Protocol, after paragraph c relating to The Republic of Bulgaria:

"c bis) The Republic of Croatia: Air Transport Agreement between the Government of the United States of America and the Government of the Republic of Croatia, signed at Washington on February 3, 2011."

2. The text of Section 3 of Annex 1 of the Air Transport Agreement, as amended by the 2010 Protocol, shall be deleted in its entirety and replaced with the following:

“Notwithstanding Article 3 of this Agreement, U.S. airlines shall not have the right to provide all-cargo services, that are not part of a service that serves the United States, to or from points in the Member States, except to or from points in the Republic of Croatia, the Czech Republic, the French Republic, the Federal Republic of Germany, the Grand Duchy of Luxembourg, Malta, the Republic of Poland, the Portuguese Republic, and the Slovak Republic.”

Article 3

This Protocol shall enter into force on the later of:

1. the date of entry into force of the 2010 Protocol; and

2. one month after the date of the last note of an exchange of diplomatic notes between the Parties confirming that all necessary procedures for entry into force of this Protocol have been completed.

Article 4

Pending its entry into force, the Parties agree to provisionally apply this Protocol, to the extent permitted under applicable domestic law, from the date of signature.

Done at …………, in duplicate, on …………. 2019.

For the United States of America:

For the Republic of Austria,

the Kingdom of Belgium,

the Republic of Bulgaria,

the Republic of Croatia,

the Republic of Cyprus,

the Czech Republic,

the Kingdom of Denmark,

the Republic of Estonia,

the Republic of Finland,

the French Republic,

the Federal Republic of Germany,

the Hellenic Republic,

Hungary,

Ireland,

the Italian Republic,

the Republic of Latvia,

the Republic of Lithuania,

the Grand Duchy of Luxembourg,

Malta,

the Kingdom of the Netherlands,

the Republic of Poland,

the Portuguese Republic,

Romania,

the Slovak Republic,

the Republic of Slovenia,

the Kingdom of Spain,

the Kingdom of Sweden,

the United Kingdom of Great Britain and Northern Ireland, and

the European Union

Annex 2

Joint Declaration

Representatives of the United States of America and of the European Union and its Member States confirmed that the text of the Protocol Amending the Air Transport Agreement between the United States of America and the European Community and its Member States, signed on April 25 and 30, 2007, as amended by the Protocol to amend the Air Transport Agreement between the United States of America and the European Community and its Member States, signed on April 25 and 30, 2007, signed by the United States of America and the European Union and its Member States on June 24, 2010, to take account of the accession to the European Union of the Republic of Croatia, signed on ______, 2019 (“the Protocol”) is to be authenticated in other languages, as provided either by exchange of letters, before signature of the Protocol, or by decision of the Joint Committee, after signature of the Protocol.

The Representatives also confirmed that the term "other languages" in the Joint Declarations forming part of the Air Transport Agreement between the United States of America and the European Community and its Member States, signed on April 25 and 30, 2007, and the Protocol to amend the Air Transport Agreement between the United States of America and the European Community and its Member States, signed on April 25 and 30, 2007, signed by the United States of America and the European Union and its Member States on June 24, 2010, includes the languages of Member States acceding to the European Union.

This Joint Declaration is an integral part of the Protocol.

For the United States of America: For the European Union

and its Member States:

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