EUROPEAN COMMISSION
Brussels, 14.11.2019
COM(2019) 587 final
2019/0260(NLE)
Proposal for a
COUNCIL DECISION
on the position to be taken on behalf of the European Union in the Joint Committee established by the Agreement on Air Transport between Canada and the European Community and its Member States
EXPLANATORY MEMORANDUM
1.Subject-matter of the proposal
This proposal concerns the decision establishing the position to be taken on the Union's behalf in the Joint Committee established by the Agreement on Air Transport between Canada and the European Community and its Member States (‘the Agreement’) 1 .
2.Context of the proposal
2.1.The Agreement on Air Transport between Canada and the European Community and its Member States
The Agreement represents a comprehensive agreement that supersedes the relevant provisions of the existing bilateral agreements concluded by Member States with Canada. The Agreement removes all existing restrictions on the rights of both Union air carriers and Canadian air carriers to operate between points in the European Union and points in Canada. In this respect, the Agreement removes the obstacles to the ability of Union air carriers to benefit from the right of establishment within the Union, including the right to non-discriminatory market access, in relation to the provision of air services to and from Canada.
The Agreement entered into force on 16 May 2019.
2.2.The Joint Committee
The Joint Committee is set up by Article 17 of the Agreement. Its main tasks are to foster cooperation between the Parties and consider any matter related to the operation or implementation of this Agreement, including, but not limited to: (a) reviewing market conditions affecting air services under this Agreement; (b) exchanging information, including advising as to changes to domestic law and policies, which affect the Agreement; (c) considering potential areas for the further development of the Agreement, including the recommendation of amendments to the Agreement; (d) recommending conditions, procedures, and amendments required for new Member States to become Parties to this Agreement; and (e) discussing issues related to investment, ownership and control, and confirming when the conditions for the progressive opening of traffic rights as set out in Annex 2 to this Agreement are met. The Joint Committee shall also develop cooperation and foster expert-level exchanges on new legislative or regulatory initiatives.
The Joint Committee shall adopt decisions where expressly provided by the Agreement and all decisions shall be made by consensus. The Joint Committee shall adopt, by decision, its rules of procedure.
2.3.The envisaged act of the Joint Committee
During its first meeting, the Joint Committee is to adopt a decision regarding the adoption of the Rules of procedure of the Joint Committee (‘the envisaged act’).
The purpose of the envisaged act is to adopt, in accordance with Article 17(8) of the Agreement, the Rules of procedure underpinning the organisation of the Joint Committee to allow for the implementation of the Agreement.
3.Position to be taken on behalf of the Union
The position to be adopted on behalf of the Union should aim at the adoption of the Rules of procedure of the Canada – EU Joint Committee. The position should be based on the draft decision of the Joint Committee.
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’.
4.1.2.Application to the present case
The Joint Committee is a body set up by an agreement, namely the Agreement on Air Transport between Canada and the European Community and its Member States.
The act which the Joint Committee is called upon to adopt is an act having legal effects, since it imposes obligations under international law on the Parties.
The envisaged act does not supplement or amend the institutional framework of the Agreement.
In the light of that, 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.
4.2.2.Application to the present case
The main objective and content of the envisaged act relate to air 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 act of the Joint Committee will set out its Rules of procedure, it is appropriate to publish it in the Official Journal of the European Union after its adoption.
2019/0260 (NLE)
Proposal for a
COUNCIL DECISION
on the position to be taken on behalf of the European Union in the Joint Committee established by the Agreement on Air Transport between Canada and the European Community and its Member States
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 Agreement on Air Transport between Canada and the European Community and its Member States (‘the Agreement’) was concluded by the Union by Council Decision (EU) 2019/702 2 and entered into force on 16 May 2019.
(2)Article 17 of the Agreement establishes a Joint Committee to ensure the proper functioning and implementation of the Agreement.
(3)Article 17(8) of the Agreement provides that the Joint Committee is to adopt its Rules of procedure.
(4)In order to ensure the effective implementation of the Agreement, the Joint Committee’s Rules of procedure should be adopted.
(5)The position of the Union within the Joint Committee should therefore be based on the attached draft Joint Committee Decision.
HAS ADOPTED THIS DECISION:
Article 1
The position to be taken on behalf of the Union in the first meeting of the Joint Committee set up by Article 17 of the Agreement on Air Transport between Canada and the European Community and its Member States, in relation to the adoption of the Rules of procedure of the Joint Committee, shall be based on the draft Decision of the 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, 14.11.2019
COM(2019) 587 final
ANNEX
to the
Proposal for a Council Decision
on the position to be taken on behalf of the European Union in the Joint Committee established by the Agreement on Air Transport between Canada and the European Community and its Member States
ANNEX
Draft
Decision No 1/2019 of the Canada/EU Joint Committee set up under the Agreement on Air Transport between Canada and European Community and its Member States
of [date]
adopting its rules of procedure
THE CANADA - EU JOINT COMMITTEE,
Having regard to the Agreement on Air Transport between Canada and European Community and its Member States, (‘the Agreement’), and in particular Article 17 thereof,
HAS DECIDED AS FOLLOWS:
Sole Article
The Rules of procedure of the Joint Committee annexed to this Decision are hereby adopted.
Done at,
For the Joint Committee,
The Head of the European Union Delegation
[name]
The Head of the Canada Delegation
[name]
Rules of Procedure
THE JOINT COMMITTEE
Having regard to the Agreement on Air Transport between Canada and the European Community and its Member States, and in particular to Article 17 thereof,
HAS ADOPTED THE FOLLOWING RULES OF PROCEDURE
Article 1
Heads of Delegation
1. The Joint Committee will be composed of representatives of the Parties.
2. The Joint Committee will be jointly chaired by the Heads of delegation of the Parties.
Article 2
Meetings
1. The Joint Committee will meet at least once a year, with responsibility for hosting alternating between the Parties. In addition, either Party may request the convening of a meeting of the Joint Committee pursuant to Article 17, paragraph 3, of the Agreement.
2. The Joint Committee may hold meetings face-to-face or via other means (conference calls or video conferences).
Article 3
Delegations
1. Prior to a meeting, the Heads of delegation will inform each other of the intended composition of their delegations for that meeting.
2. Air transport industry stakeholder representatives may be invited to attend meetings as observers, if the Joint Committee so agrees.
3. The Joint Committee may agree to invite other interested parties or experts to attend meetings in order to provide information on particular subjects.
Article 4
Secretariat
An official of the European Commission and an official of the Government of Canada will act jointly as secretaries of the Joint Committee.
Article 5
Agenda of the meetings
1. The Heads of delegation will establish the provisional agenda of each meeting by mutual agreement. To facilitate distribution to, and consultation with, members of each delegation, and to the extent possible, this provisional agenda will be established at the latest fifteen days before the date of the meeting.
2. The agenda shall be adopted by the Joint Committee at the beginning of each meeting. Items other than those appearing on the provisional agenda may be included in the agenda if the Joint Committee so agrees.
3. The Heads of delegation may shorten the time limit specified in paragraph 1 in order to take into account the urgent nature of a particular matter.
Article 6
Record of Meeting
1. A draft Record of Meeting of each Joint Committee meeting will be drawn up at the end of each meeting. It will indicate the items discussed and any joint conclusions reached, including any recommendations and decisions adopted.
2. The Record of Meeting will be approved in writing by the Heads of delegation within 30 days of the date of the meeting or by any other date decided by the Parties to the Agreement.
3. When approved, the Record of Meeting will be signed by the Heads of delegation and one original copy will be filed by each of the Parties. The Parties may decide that signing and exchanging electronic copies satisfies this requirement.
4. Except as otherwise agreed, the meetings of the Joint Committee will not be public. The Records of Meeting and exchanges of correspondence, as the case may be, will be public unless otherwise requested by one of the Parties. If necessary, the Joint Committee may agree to recommend the issuance of a joint press release.
Article 7
Written procedure
Where necessary, and duly motivated, decisions and recommendations of the Joint Committee may be adopted through written procedure. To that end, the Heads of delegation will exchange the draft measures on which the opinion of the Joint Committee is asked, which then may be confirmed by exchange of correspondence.
Article 8
Deliberations
1. The Joint Committee will take its decisions and formulate recommendations on the basis of consensus.
2. The decisions and recommendations of the Joint Committee will be entitled "Decision" and “Recommendation” and followed by a serial number, by the date of their adoption and by a description of their subject.
3. The decisions and recommendations of the Joint Committee will be signed by the Heads of delegation and attached to the Record of Meeting.
4. Any decision taken by the Joint Committee will be implemented by the Parties in accordance with their own internal procedures.
Article 9
Working Groups
1. The Joint Committee may agree to set up working groups to study specific matters of relevance to the Agreement. Terms of reference for a working group will be approved by the Joint Committee and included in the appropriate Record of Meeting.
2. The membership of the working groups will be determined by the Joint Committee.
3. The working groups will report to the Joint Committee. They can not make decisions but may make recommendations to the Joint Committee.
4. The Joint Committee may at any time agree to abolish any existing working groups, modify their terms of reference or establish new working groups to assist it in carrying out its duties.
Article 10
Expenses
1. Members of each delegation will defray their expenses related to their participation in a meeting or a working group.
2. Any other expenditure relating to the material organisation of meetings shall be borne by the Party hosting the meeting.
Article11
Amendments to the Rules of Procedure
The Joint Committee can, at any time, amend these Rules of procedure, by decision taken in accordance with Article 8.