EUROPEAN COMMISSION
Brussels, 23.5.2024
COM(2024) 211 final
2024/0116(NLE)
Proposal for a
COUNCIL DECISION
on the position to be taken by the European Union within the EU-ICAO Joint Committee, concerning the Decision on the adoption of an “Annex IV on Capacity Building, Technical Assistance, and Implementation Support” to the Memorandum of Cooperation between the European Union and the International Civil Aviation Organization providing a framework for enhanced cooperation
EXPLANATORY MEMORANDUM
1.Subject matter of the proposal
This proposal concerns the position to be taken by the European Union within the EU-ICAO Joint Committee, concerning the Decision on the adoption of an “Annex IV on Capacity Building, Technical Assistance, and Implementation Support” to the Memorandum of Cooperation between the European Union and the International Civil Aviation Organization providing a framework for enhanced cooperation.
2.Context of the Proposal
2.1.The Convention on International Civil Aviation
The Convention on International Civil Aviation (‘the Chicago Convention’) aims to regulate international air transport. The Chicago Convention entered into force on 4 April 1947 and established the International Civil Aviation Organization.
All EU Member States are Parties to the Chicago Convention.
2.2.The Memorandum of Cooperation between the EU and ICAO
ICAO is a specialised agency of the United Nations that elaborates global standards, practices, and policies for international civil air transport.
Civil aviation is an area largely covered by Union legislation , and international standards and requirements in this field are largely transposed into Union legislation. The active participation in ICAO’s policymaking has therefore a relevant importance for the EU, since it contributes to the formulation of robust global aviation policies.
The EU and ICAO enjoy a long standing and close relationship, formalised also by the adoption of a Memorandum of Cooperation (MoC) in 2011, which entered into force on 29 March 2012 (following its signature 1 and conclusion 2 at EU level). As of today, the MoC is complemented by three annexes, on Air Traffic Management, Air Safety and Air Security.
The body responsible for the effective functioning of the MoC and its implementation is the EU-ICAO Joint Committee, established by Article 7.1 of the MoC. It is the body responsible for the adoption of new Annexes to the MoC and amendments thereto, as referred to in point (c) of Article 7.3 of the MoC. It is usually co-chaired by the ICAO Secretary General and the Director General for Mobility and Transport of the European Commission.
Article 3 of Council Decision 2012/243/EU 3 on the conclusion of the MoC provides that it is for the Council to determine the position to be taken by the Union in the Joint Committee established under Article 7.1 of the MoC.
2.3.Annex IV on Capacity Building, Technical Assistance, and Implementation Support (‘the envisaged act’)
In its next meeting, which is expected to take place on 26 June 2024, the EU-ICAO Joint Committee is expected to adopt a decision regarding the adoption of an Annex IV to the MoC, on Capacity Building, Technical Assistance, and Implementation Support (‘the envisaged act’).
The purpose of the envisaged act is to enhance the cooperation between the Parties regarding capacity building, technical assistance and implementation support in the areas covered by the EU-ICAO MoC, notably via an increase in the sharing of information, by opening the possibility of joint activities, and by an increase in the visibility of EU-funded activities.
3.Position to be taken on the Union's behalf
The European Union provides technical support, capacity building, and implementation support to third countries in various aviation domains such as safety, security, facilitation, and environmental sustainability, thereby contributing to the sound development of air transport globally.
Technical support and capacity building play pivotal roles to reach a global consensus for the transition towards sustainable aviation practices and to ensure the safety and security of aviation worldwide.
The envisaged act provides for establishing a regular dialogue on capacity building, technical assistance and implementation support activities, including training activities, in the areas covered by the EU-ICAO MoC, namely on aviation safety, aviation security, air traffic management and environmental protection, with a view to achieve synergies and, where appropriate, to coordinate those activities.
The envisaged act is relevant for all areas of cooperation under the MoC, having a particular value in the field of environment protection. With the adoption of the ICAO Assembly Resolution A41-21, establishing a long-term aspirational goal of achieving net zero CO2 emissions from international aviation by 2050, the aviation sector needs to undergo a global energy transition. Achieving this objective necessitates investments across all regions of the world and a coordinated global approach to ensure equitable progress. ICAO developed the ICAO Assistance, Capacity Building and Training for Sustainable Aviation Fuel (ACT-SAF) initiative, and through it the EU has launched a new project to support feasibility studies and capacity building initiatives, partly implemented by ICAO.
Therefore, the proposed position for the EU/ICAO Joint Committee is to endorse the new Annex IV on Technical Support, Capacity Building and Implementation Support, providing a robust legal framework for these essential activities.
4.Legal Basis
4.1.Procedural legal basis
4.1.1.Principles
Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by an agreement, when that body is called upon to adopt acts having legal effects, with the exception of acts supplementing or amending the institutional framework of the agreement.’
The concept of ‘acts having legal effects’ includes acts that have legal effects by virtue of the rules of international law governing the body in question. It also includes instruments that do not have a binding effect under international law, but that are ‘capable of decisively influencing the content of the legislation adopted by the EU legislature’ 4 .
4.1.2.Application to the present case
The EU-ICAO Joint Committee is a body set up by an agreement, namely the MoC between the EU and ICAO.
The act which the EU-ICAO Joint Committee is called upon to adopt constitutes an act having legal effects. The envisaged act will be binding under international law in accordance with Article 3.4 of the MoC which foresee that Annexes adopted pursuant to the MoC shall form an integral part of it. The envisaged act does not supplement or amend the institutional framework of the Agreement.
Therefore, the procedural legal basis for the proposed decision is Article 218(9) TFEU.
4.2.Substantive legal basis
4.2.1.Principles
The substantive legal basis for a decision under Article 218(9) TFEU depends primarily on the objective and content of the envisaged act in respect of which a position is taken on the Union's behalf. If the envisaged act pursues two aims or has two components and if one of those aims or components is identifiable as the main one, whereas the other is merely incidental, the decision under Article 218(9) TFEU must be founded on a single substantive legal basis, namely that required by the main or predominant aim or component.
The main objective and content of the envisaged act relate to transport. Therefore, the substantive legal basis of the proposed decision is Article 100(2) TFEU.
4.3.Conclusion
The legal basis of the proposed decision should be Article 100(2) TFEU, in conjunction with Article 218(9) TFEU.
5.Publication of the envisaged act
As the envisaged act of the EU-ICAO Joint Committee will result in the adoption of a new Annex to the Memorandum of Cooperation between the European Union and the International Civil Aviation Organization, it is appropriate to publish it in the Official Journal of the European Union after its adoption.
2024/0116 (NLE)
Proposal for a
COUNCIL DECISION
on the position to be taken by the European Union within the EU-ICAO Joint Committee, concerning the Decision on the adoption of an “Annex IV on Capacity Building, Technical Assistance, and Implementation Support” to the Memorandum of Cooperation between the European Union and the International Civil Aviation Organization providing a framework for enhanced cooperation
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(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1)The Convention on International Civil Aviation (‘the Chicago Convention’) which regulates international air transport, entered into force on 4 April 1947. It established the International Civil Aviation Organization (ICAO). The Member States are Contracting States to the Chicago Convention and members of the ICAO.
(2)The Memorandum of Cooperation between the European Union and the International Civil Aviation Organization (ICAO) providing a framework for enhanced cooperation 5 (hereinafter referred to as ‘the Memorandum of Cooperation’) entered into force on 29 March 2012.
(3)Pursuant to Article 7.3(c) of the Memorandum of Cooperation, the Joint Committee established by its Article 7.1 may adopt annexes to the Memorandum of Cooperation.
(4)In its next meeting, the EU-ICAO Joint Committee is expected to adopt a decision on the adoption of an Annex IV to the Memorandum of Cooperation, on capacity building, technical assistance, and implementation support. The Annex provides for the establishment of a regular dialogue on capacity building, technical assistance, and implementation support activities, including training activities, in the areas covered by the Memorandum of Cooperation, with a view to achieve synergies and, where appropriate, to coordinate those activities.
(5)It is appropriate to establish the position to be taken on behalf of the European Union within the Joint Committee with regard to the adoption of an Annex IV on capacity building, technical assistance, and implementation support, by supporting its adoption, as the new Annex will be binding on the Union.
HAS ADOPTED THIS DECISION:
Article 1
The position to be taken by the European Union within the EU-ICAO Joint Committee, with regard to the adoption of an Annex IV on Capacity Building, Technical Assistance, and Implementation Support to the Memorandum of Cooperation, pursuant to Article 7.3(c) of the Memorandum of Cooperation between the European Union and the International Civil Aviation Organization providing a framework for enhanced cooperation (the Memorandum of Cooperation), shall be based on the draft Decision of the EU-ICAO Joint Committee, attached to this Decision.
Article 2
This Decision is addressed to the Commission.
Done at Brussels,
For the Council
The President
EUROPEAN COMMISSION
Brussels, 23.5.2024
COM(2024) 211 final
ANNEX
to the
Proposal for a Council Decision
on the position to be taken by the European Union within the EU-ICAO Joint Committee, concerning the Decision on the adoption of an "Annex IV on Capacity Building, Technical Assistance, and Implementation Support" to the Memorandum of Cooperation between the European Union and the International Civil Aviation Organization providing a framework for enhanced cooperation
ANNEX
Decision of the EU-ICAO Joint Committee
of ………
on the adoption of an Annex IV on capacity building, technical assistance and implementation support to the Memorandum of Cooperation between the European Union and the International Civil Aviation Organization providing a framework for enhanced cooperation
THE EU-ICAO JOINT COMMITTEE,
Having regard to the Memorandum of Cooperation between the European Union and the International Civil Aviation Organization providing a framework for enhanced cooperation (the Memorandum of Cooperation), which entered into force on 29 March 2012, and in particular Article 7.3(c) thereof,
Whereas it is appropriate to include an Annex on capacity building, technical assistance and implementation support in the Memorandum of Cooperation, in the areas covered by the said Memorandum of Cooperation,
HAS ADOPTED THIS DECISION:
Article 1
The Annex to this Decision is hereby adopted and shall form an integral part of the Memorandum of Cooperation.
Article 2
This Decision shall enter into force on the day of its adoption.
For the EU-ICAO Joint Committee The Chairpersons
For the European Union For the International Civil Aviation Organization
EUROPEAN COMMISSION
Brussels, 23.5.2024
COM(2024) 211 final
ANNEX
to the
Proposal for a Council Decision
on the position to be taken by the European Union within the EU-ICAO Joint Committee, concerning the Decision on the adoption of an "Annex IV on Capacity Building, Technical Assistance, and Implementation Support" to the Memorandum of Cooperation between the European Union and the International Civil Aviation Organization providing a framework for enhanced cooperation
ANNEX IV to MoC CAPACITY BUILDING, TECHNICAL ASSISTANCE AND IMPLEMENTATION SUPPORT
1.Objectives
1.1 The Parties agree to cooperate in the provision of aviation capacity building, technical assistance and implementation support, subject to the Parties’ relevant policies and decisions, with the view to support achieving the ICAO Strategic Objectives globally in the areas falling within the framework of the Memorandum of Cooperation (MOC) between the European Union (EU) and the International Civil Aviation Organization (ICAO) providing a framework for enhanced cooperation, which entered into force on 29 March 2012, and in particular Articles 5 and 7.3(c) thereof.
1.2 Recognizing the role of capacity building, technical assistance and implementation support in achieving the ICAO Strategic Objectives globally and ensuring global compliance with ICAO Standards and Recommended Practices (SARPs), the Parties agree to exchange information on their respective capacity building, technical assistance and implementation support activities with a view to identify possible synergies and cooperation activities.
2.Scope
2.1 In pursuit of the objectives specified in paragraphs 1.1 and 1.2, and in complement to the cooperation established under Annexes I, II and III to the MoC, the Parties agree to cooperate in the following areas:
·Establishment of a regular dialogue on capacity building, technical assistance and implementation support activities, including training activities, in the areas covered by the EU-ICAO MOC, with a view to achieve synergies and, where appropriate, to coordinate those activities;
·Supporting and facilitating the provision of the Parties’ activities on capacity building, technical assistance and implementation support, including:
·via the conduct, where appropriate, of joint activities on capacity building, technical assistance development and implementation support;
·via the provision of subject matter experts and any other in-kind support, as appropriate;
·via the development and delivery of capacity building, technical assistance development and implementation support products, and trainings;
·via the participation in technical projects, when deemed appropriate.
·Promotion of regional cooperation;
·Promoting the respective Parties’ activities as appropriate, including by providing information to the Parties’ relevant bodies on the activities conducted.
3.Implementation
3.1 As provided for in Articles 3.3 and 4.1(a) of the MOC, the Parties shall establish working arrangements, as required, to effectively implement cooperative activities specified in Articles 2.1.and 5 of the present Annex. These working arrangements shall be adopted by the Joint Committee pursuant to Article 7.3(c) of the MOC.
4.Dialogue
4.1 The Parties shall meet at least once a year, at the level of the ICAO Director of the Capacity Development and Implementation Support Bureau, assisted by other ICAO Directors as appropriate, and of the European Union Representative to ICAO, assisted by the EASA Representative and the relevant services of the European Commission as appropriate, and to report back on those exchanges to EU-ICAO Joint Committee meetings. Other entities may be invited to attend this dialogue as appropriate.
4.2 During the dialogue referred to in paragraph 4.1, the Parties shall exchange information their respective capacity building, technical assistance and implementation support activities in the areas covered by the EU-ICAO MOC, and identify possible synergies and, where appropriate, seek to coordinate their respective activities as detailed in Article 5.
4.3 The dialogue referred to in paragraph 4.2 shall be complemented, at least once a quarter, by an exchange at technical level at the level of points of contacts to be designated by each party.
5.Support and facilitation of activities
5.1 The Parties agree, including as a result of the Dialogue referred to in Article 4, to support and facilitate the provision of the Parties’ activities on capacity building, technical assistance development and implementation support.
5.2 Where appropriate, joint activities on capacity building, technical assistance development and implementation support may be undertaken.
5.3 This support may take the form of provision of subject matter experts with proven technical expertise in relevant fields.
5.4 This support may also take the form of the development and delivery of capacity building, technical assistance development and implementation support products, training, and participation in technical projects, when deemed appropriate.
5.5 This support shall include, as appropriate, cooperation on site between the relevant ICAO Regional Offices and the teams sent as part of the EU funded capacity building, technical assistance development or implementation support activities.
5.6 The use of the respective logos shall be considered when pertinent for the activity, subject to each party’s rules and procedures.
6.Regional cooperation
6.1 In their activities aimed at accelerating the implementation of ICAO SARPs, the Parties shall give priority to the regional approaches that offer opportunities for improved cost-efficiency, oversight and/or standardization processes.
7.Promotion of activities
7.1 The Parties shall promote their respective activities as appropriate. This may notably include providing information about the activities conducted in application of this Annex to their relevant bodies such as the ICAO Council, relevant management of the European Commission or relevant EASA bodies.
8.Review
8.1 The Parties shall review the implementation of this Annex on a regular basis and, as necessary, take into account any relevant policy or regulatory developments.
8.2 Any revision of this Annex shall be approved by the Joint Committee established pursuant to Article 7 of the MOC.
9.Entry into Force, Amendments and Termination
9.1 This Annex shall enter into force on the date of adoption by the Joint Committee and shall remain in force until terminated.
9.2 Working arrangements agreed pursuant to this Annex shall enter into force on the date of adoption by the Joint Committee.
9.3 Any amendments to, or termination of, working arrangements adopted pursuant to this Annex shall be agreed within the Joint Committee.
9.4 This Annex may be terminated at any time by either Party. Such termination shall be effective six months following receipt of written notification of termination by one party from the other party, unless the said notice of termination has been withdrawn by mutual consent of the Parties before the six-month period has expired.
9.5 Notwithstanding any other provision of this Article, if the MOC is terminated, this Annex and any working arrangement adopted pursuant to it shall terminate simultaneously.