52019PC0589

EUROPEAN COMMISSION

Brussels, 14.11.2019

COM(2019) 589 final

2019/0262(NLE)

Proposal for a

COUNCIL DECISION

on the signing, on behalf of the European Union and its Member States, of the Protocol amending the Ancillary Agreement between the European Union and its Member States, of the first part, Iceland, of the second part, and the Kingdom of Norway, of the third part, on the application of the Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part, signed on 16 and 21 June 2011, 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 Ancillary Agreement between the Union and its Member States, Iceland and Norway (“the Ancillary Agreement”) on the application of the Air Transport Agreement between the United States of America, the Union and its Member States, Iceland and Norway (“the Four Part Agreement”), which governs the relationship between the three European parties under that Agreement, The Four Part Agreement in turn extends the scope of the Air Transport Agreement between the United States and the European Community and its Member States (“the EU-US ATA”) to Iceland and Norway.

Article 6 (2) of the Act of Accession further provides that the accession of Croatia to those agreements shall be agreed by the conclusion of a protocol to the agreement between the Council, acting unanimously on behalf of the Member States, and the third countries concerned. Moreover, the Commission shall negotiate those protocols on behalf of the Member States.

The Commission has accordingly negotiated a protocol amending the Ancillary Agreement 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 (5) of the Treaty on the Functioning of the European Union (“the TFEU”) and Article 6 (2) of the Act of Accession, authorising the signing of the protocol on behalf of the Union and the Member States and its provisional application in accordance with Article 4 thereof, subject to its conclusion at a later date.

•General context

The undertaking by Croatia under Article 6 (2) of the Act of Accession applies also to the EU-US ATA and the Four Part Agreement. The Commission has consequently negotiated protocols also to 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 a proposal for a Council decision on the conclusion of the protocol amending the Ancillary Agreement.

•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 EU’s external aviation policy. Its importance has increased by its extension to Iceland and Norway through the Four Part Agreement. The protocol will enable Croatia to benefit from that agreement.

•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 Ancillary Agreement.

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•Legal basis

Article 100 (2) in conjunction with Article 218 (5) 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 Four Part Agreement, 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 Ancillary Agreement 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 provision on the accession of Croatia to the Ancillary Agreement and provisions on the entry into force and provisional application of the Protocol.

2019/0262 (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 (5) 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,

Whereas:

(1)The Commission has negotiated a Protocol amending the Ancillary Agreement between the European Union and its Member States, of the first part, Iceland, of the second part, and the Kingdom of Norway, of the third part, on the application of the Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part, signed on 16 and 21 June 2011, to take account of the accession to the European Union of the Republic of Croatia (“the Protocol”), in accordance with Council Decision 13351/12 of 14 September 2012 authorising the Commission to open negotiations.

(2)The negotiations were successfully concluded by the initialling of the Protocol on 8 March 2019.

(3)The Protocol should be signed and applied provisionally by the Union and its Member States in accordance with Article 4 thereof, subject to its conclusion at a later date.

HAS ADOPTED THIS DECISION:

Article 1

The signing of the Protocol amending the Ancillary Agreement between the European Union and its Member States, of the first part, Iceland, of the second part, and the Kingdom of Norway, of the third part, on the application of the Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part, signed on 16 and 21 June 2011, to take account of the accession to the European Union of the Republic of Croatia (“the Protocol”), is hereby authorised on behalf of the Union and its Member States, subject to the conclusion of the Protocol .

The text of the Protocol is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Protocol on behalf of the Union and its Member States.

Article 3

Pending its entry into force, the Protocol shall be provisionally applied by the Union and its Member States in accordance with Article 4 thereof.

Article 4

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) 589 final

ANNEX

to the

Proposal for a Council Decision

on the signing, on behalf of the European Union and its Member States, of the Protocol amending the Ancillary Agreement between the European Union and its Member States, of the first part, Iceland, of the second part, and the Kingdom of Norway, of the third part, on the application of the Air Transport between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part, signed on 16 and 21 June 2011, to take account of the accession to the European Union of the Republic of Croatia

PROTOCOL

Amending the Ancillary Agreement between the European Union and its Member States, of the first part, Iceland, of the second part, and the Kingdom of Norway, of the third part, on the application of the Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part, signed on 16 and 21 June 2011, to take account of the accession to the European Union of the Republic of Croatia

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 first part;

ICELAND,

of the second part; and

THE KINGDOM OF NORWAY,

of the third 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 Republic of Croatia is a Party to the Ancillary Agreement between the European Union and its Member States, of the first part, Iceland, of the second part, and the Kingdom of Norway, of the third part, on the application of the Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part, signed on 16 and 21 June 2011 (hereinafter, ‘the Ancillary Agreement’).

Article 2

The text of the Ancillary Agreement in the Croatian language, which is attached to this Protocol, shall become authentic under the same conditions as the other language versions.

Article 3

This Protocol shall enter into force on the later of:

1. the date of entry into force of the Ancillary Agreement, and

2. one month after the date of the last note of the exchanges of diplomatic notes among 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 triplicate, on ……….. 2019, in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Icelandic, Italian, Latvian, Lithuanian, Maltese, Norwegian, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, all texts being equally authentic.

For the Member States

For the European Union

For Iceland

For the Kingdom of Norway

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