EUROPEAN COMMISSION

Brussels, 3.2.2023

COM(2023) 50 final

2019/0259(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 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 June 16 and 21, 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 air transport agreement between the United States of America, the European Union and its Member States, Iceland and the Kingdom of Norway 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 the United States, 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.

2019/0259 (NLE)

Amended 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 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 June 16 and 21, 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 6 thereof, subject to its conclusion at a later date;

HAS ADOPTED THIS DECISION:

Article 1

The signing of the Protocol amending 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 June 16 and 21, 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 6 thereof.

Article 4

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

Done at Brussels,

For the Council

The President

EUROPEAN COMMISSION

Brussels, 3.2.2023

COM(2023) 50 final

ANNEXES

to the

Amended proposal for a Council Decision

Annex 1

PROTOCOL

Amending 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 June 16 and 21, 2011, 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 first part;

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 second part;

ICELAND,

of the third part; and

THE KINGDOM OF NORWAY (hereinafter, ‘Norway’),

of the fourth 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, 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 June 16 and 21, 2011 (hereinafter, ‘the 2011 Agreement’) shall apply to the Republic of Croatia as a Member State of the European Union.

Article 2

Article 2 of the 2011 Agreement shall be deleted in its entirety and replaced by the following:

“ARTICLE 2

Application of the Air Transport Agreement as amended by the Protocols

and the Annex to this Agreement

The provisions 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 (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, and as further amended by 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 ________, 201923 (hereinafter, "the Protocols"), which are hereby incorporated by reference, shall apply to all Parties to this Agreement, subject to the Annex to this Agreement. The provisions of the Air Transport Agreement, as amended by the Protocols, shall apply to Iceland and Norway as though they were Member States of the European Union, so that Iceland and Norway shall have all of the rights and obligations of Member States under that agreement. The provisions of the Annex to this Agreement form an integral part of this Agreement.”

Article 3

All references to “the Protocol” in the Annex to the 2011 Agreement shall be replaced by references to “the Protocols”.

Article 4

Paragraph 6 of the Annex to the 2011 Agreement shall be deleted in its entirety and replaced by the following:

“6. The text of Section 3 of Annex I of the Air Transport Agreement as amended by the Protocols, shall read as follows:

‘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, the Slovak Republic, Iceland, and the Kingdom of Norway.’”

Article 5

This Protocol shall enter into force on the later of:

1. the date of entry into force of the 2011 Agreement;

2. the date of entry into force 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 ________, 201923; and

3. 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 6

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 quadruplicate, on …………. 201923.

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:

For Iceland:

For the Kingdom of Norway:

Annex 2

Joint Declaration

"Representatives of the United States of America, the European Union and its Member States, Iceland and the Kingdom of Norway confirmed that the text of the Protocol Amending 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 June 16 and 21, 2011, to take account of the accession to the European Union of the Republic of Croatia, signed on ______, 201923 (“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 Declaration forming part 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 June 16 and 21, 2011, 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:

For Iceland: For the Kingdom of Norway: