EXPLANATORY MEMORANDUM

1) Context of the proposal

110 || · Grounds for and objectives of the proposal / general context The Common Aviation Area Agreement between the European Union and its Member States and the Republic of Moldova was negotiated on the basis of the Council Decision of 16 June 2011 authorising the opening of negotiations. The Agreement was signed on 26 June 2012.

120 || The Republic of Croatia acceded to the European Union on 1 July 2013. Pursuant to Article 6(2) of the Act concerning the Conditions of Accession, Croatia undertook to accede to the agreements concluded or signed by the Member States and the Union with one or more third counties or an international organisation. A Protocol had been negotiated, containing the necessary linguistic adaptations of the Agreement that ensue from the accession of Croatia. Under the above mentioned Article 6(2) as well as Articles 100(2) and 218(5) of the Treaty on the Functioning of the European Union, the signing of the Protocol has been approved by Decision of […], and the Protocol has been signed on [….] The Protocol should now be approved, on the basis of Articles 100(2) and 218(6)(a) of the Treaty on the Functioning of the European Union, in conjunction with Article 6(2) of the Act of Accession.

130 || · Existing provisions in the area covered by the proposal The provisions of the Protocol supersede or complement the provisions in the Common Aviation Area Agreement between the European Union and its Member States and the Republic of Moldova.

140 || · Consistency with other policies and objectives of the Union The Agreement with Moldova forms part of the Union's external aviation policy framework established by the Commission Communication COM(2005)79: "Developing the agenda for the Community's external aviation policy" and recently reviewed by the Commission Communication COM(2012)556: "The EU's External Aviation Policy - Addressing Future Challenges" and the corresponding Council Conclusions.

2) Consultation of the stakeholders and impact assessment

· || · Consultation of the stakeholders

211 || Consultation methods, main sectors targeted and general profile of respondents Not applicable

212 || Summary of responses and how they have been taken into account Not applicable

3) LEGAL ELEMENTS OF THE PROPOSAL

305 || · Summary of the proposed measures The Protocol ensures the necessary amendment to be made to the Common Aviation Area Agreement between the European Union and its Member States and the Republic of Moldova following the accession of Croatia to the EU on 1 July 2013.

310 || · Legal basis Article 100(2) and 218(6)(a) of the Treaty on the Functioning of the European Union, in conjunction with Article 6(2) of the Act of Accession.

4) Budgetary implications

409 || The proposal has no implications for the Union budget.

5) ADDITIONAL INFORMATION

570 || · Detailed explanation of the proposal The Council is requested to approve the Protocol amending the Common Aviation Area Agreement between the European Union and its Member States and the Republic of Moldova.

2015/0035 (NLE)

Proposal for a

COUNCIL DECISION

on the conclusion, on behalf of the European Union and its Member States, of a Protocol amending the Common Aviation Area Agreement between the European Union and its Member States and the Republic of Moldova, 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 Articles 100(2) and 218(6)(a) thereof,

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

Having regard to the proposal from the European Commission,

Having regard to the consent of the European Parliament[1],

Whereas:

(1)       In accordance with Council Decision 2014/ …/EU[2], the Protocol amending the Common Aviation Area Agreement between the European Union and its Member States and the Republic of Moldova[3], to take account of the accession to the European Union of the Republic of Croatia ("the Protocol") has been signed, subject to its conclusion.

(2)       The Protocol should be approved,

HAS ADOPTED THIS DECISION:

Article 1

The Protocol amending the Common Aviation Area Agreement between the European Union and its Member States and the Republic of Moldova, to take account of the accession to the European Union of the Republic of Croatia is hereby approved on behalf of the Union and its Member States.[4]

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to deposit, on behalf of the Union and its Member States, the instrument of approval provided for in Article 3 of the Protocol.

Article 3

This Decision shall enter into force on the date of its adoption.

Done at Brussels,

                                                                       For the Council

                                                                       The President

[1]               OJ C , , p. .

[2]           OJ L […], […], p. […].

[3]               The text of the Agreement is published in OJ L 292, 20.10.2012, p. 3.

[4]           The text of the Protocol was published in the Official Journal of the European Union OJ L ………., together with the Decision on its signing.

ANNEX

Protocol amending the Common Aviation Area Agreement between the European Union and its Member States and the Republic of Moldova, to take account of the accession to the European Union of the Republic of Croatia

to the

Proposal for a Council Decision

on the conclusion, on behalf of the European Union and its Member States, of a Protocol amending the Common Aviation Area Agreement between the European Union and its Member States and the Republic of Moldova, to take account of the accession to the European Union of the Republic of Croatia

PROTOCOL

Amending the Common Aviation Area Agreement between the European Union and its Member States and the Republic of Moldova, 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,

THE REPUBLIC OF 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 one part; and

THE REPUBLIC OF MOLDOVA,

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 Republic of Croatia is a Party to the Common Aviation Area Agreement signed by the European Union and its Member States and the Republic of Moldova on 26 June 2012 (hereinafter ‘the Agreement’).

Article 2

The text of the 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

1.         This Protocol shall be approved by the Parties in accordance with their own procedures. It shall enter into force on the date of entry into force of the Agreement. However, should this Protocol be approved by the Parties after the date of entry into force of the Agreement, it would then enter into force, in accordance with Article 29(1) of the Agreement, one month after the date of the later note in an exchange of diplomatic notes between the Parties confirming that all necessary procedures for the entry into force of this Protocol have been completed.

2.         This Protocol shall be applied on a provisional basis as from signature thereof by the Parties.

Article 4

Done at ……….., in duplicate, on ……… 2014, in each of the official languages of the Parties, each text being equally authentic.

FOR THE MEMBER STATES         FOR the Republic of Moldova

FOR THE EUROPEAN UNION