EUROPEAN COMMISSION

Brussels, 3.2.2023

COM(2023) 48 final

2019/0262(NLE)

Amended proposal for a

COUNCIL DECISION

on the signing, on behalf of the European Union and its Member States, of 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

EXPLANATORY MEMORANDUM

On 14 November 2019 the Commission presented a proposal for a Council decision, based on Article 218 (5) of the Treaty on the Functioning of the European Union and Article 6 (2), second subparagraph, of the Act of Accession, authorising the signing of a protocol amending the Ancillary Agreement between the European Union and its Member States, Iceland and the Kingdom of Norway on the application of the Air Transport Agreement between the United States of America and the parties to the Ancillary Agreement, to take account of the accession to the European Union of the Republic of Croatia 1 .

The end of the transition period for the withdrawal of the United Kingdom from the European Union on 31 December 2020 required amendments to the protocol in order to remove from it the references to the United Kingdom. The Commission has therefore negotiated with Iceland and Norway the necessary amendments to that effect. The delegations representing the parties have agreed on the amendments.

It is furthermore necessary to amend Article 2 of the proposed Council decision in order to ensure compliance with the attribution of powers among the institutions under the Treaties, and in particular the Commission’s prerogative under Article 17 of the Treaty on European Union to represent the Union externally.

For these reasons the Commission submits the present amended proposal for the Council decision authorising the signing of the protocol.

2019/0262 (NLE)

Amended proposal for a

COUNCIL DECISION

on the signing, on behalf of the European Union and its Member States, of 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 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 General Secretariat of the Council shall establish the instrument of full powers to sign the Protocol, subject to its conclusion on behalf of the Union and its Member States, for the person or persons indicated by the Commission.

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,

(1)     COM/2019/589 final.

EUROPEAN COMMISSION

Brussels, 3.2.2023

COM(2023) 48 final

ANNEX

to the

Amended proposal for a Council Decision

on the signing, on behalf of the European Union and its Member States, of 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 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 ……….. 201923, in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Icelandic, Irish, 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