EUROPEAN COMMISSION

Brussels, 14.11.2019

COM(2019) 588 final

2019/0261(NLE)

Proposal for a

COUNCIL DECISION

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

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

Under Article 6 (2) of the Act of Accession, Croatia has undertaken to accede to the agreements concluded or signed by the Union and the Member States with third countries. Among those agreements is the Air Transport Agreement between the United States of America, the European Union and its Member States, Iceland and Norway (“the Four Part Agreement”), which extends the scope of the Air Transport Agreement between the United States and the European Community and its Member States (“the EU-US ATA”) to those countries.

That provision further provides that the accession of Croatia to those agreements shall be agreed by the conclusion of a protocol to the agreements between the Council, acting unanimously on behalf of the Member States, and the third countries concerned. Moreover, the Commission shall negotiate those protocols on behalf of the Member States.

The Commission has accordingly negotiated a protocol amending the Four Part Agreement to provide for the accession of Croatia to that agreement.

The objective of the present proposal is to obtain a Council decision, based on Article 218 (6) (a) of the Treaty on the Functioning of the European Union (“the TFEU”) and Article 6 (2) of the Act of Accession, on the conclusion of the protocol on behalf of the Union and the Member States, subsequent to its signing.

•General context

The undertaking by Croatia under Article 6 (2) of the Act of Accession applies also to the EU-US ATA and to the Ancillary Agreement between the European Union and its Member States, Iceland and Norway, which governs the relationship between those parties under the Four Part Agreement.

The Commission has consequently negotiated protocols amending also those agreements to provide for the accession of Croatia to them. Proposals for Council decisions on the signing and provisional application as well as for the conclusion of those peotocols are presented in parallel with the present proposal, as is the proposal for the Council decision on the signing and provisional application of the protocol amending the Four Part Agreement.

•Consistency with existing policy provisions in the policy area

The EU-US ATA was the first comprehensive air transport agreement with a key aviation partner of the Union. It is the most important air transport agreement in the world, providing more than 80 million seats per year, and as such a cornerstone of the EU’s external aviation policy. Its importance has increased by its extension to Iceland and Norway through the Four Part Agreement. The protocol will enable Croatia to benefit from that agreement.

•Consistency with existing provisions in the area of the proposal

The protocol enables Croatia to fulfil its obligation under Article 6 (2) of the Act of Accession to accede to the Four Part Agreement.

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•Legal basis

Article 100 (2) in conjunction with Article 218 (6) (a) of the TFEU, and Article 6 (2), second subparagraph, of the Act of Accession.

•Subsidiarity (for non-exclusive competence)

The protocol will allow Croatia to benefit from the Four Part Agreement, which creates equal and uniform conditions for market access and serves as a basis for new arrangements for regulatory co-operation and convergence in fields essential for the safe, secure, and efficient operation of air services. These arrangements can only be achieved at Union level.

•Proportionality

The protocol is limited to dealing with the issue at stake, namely the accession of Croatia to the Four Part Agreement, and does not address other matters.

•Choice of the instrument

International agreement.

3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

•Ex-post evaluations/fitness checks of existing legislation

Not applicable.

•Stakeholder consultations

Not applicable.

•Collection and use of expertise

Not applicable.

•Impact assessment

Not applicable.

•Regulatory fitness and simplification

Not applicable.

•Fundamental rights

Not applicable.

4.BUDGETARY IMPLICATIONS

The proposal has no implication for the budget of the Union.

5.OTHER ELEMENTS

•Summary of the proposed agreement

The Protocol consists of a main body providing for the accession of Croatia to the Four Part Agreement and the consequential amendments to that agreement, and a Joint Declaration on the authentication of additional language versions.

2019/0261 (NLE)

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 (6) (a) 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,

Having regard to the consent of the European Parliament,

Whereas:

(1)In accordance with Council decision [ ] 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”) was signed on [ ], subject to its conclusion at a later date.

(2)The Protocol should be approved on behalf of the Union and its Member States.

HAS ADOPTED THIS DECISION:

Article 1

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 approved on behalf of the Union and its Member States.

Article 2

The President of the Council shall designate the person empowered to proceed, on behalf of the Union and its Member States, to the exchange of diplomatic notes provided for in Article 5 of the Protocol, in order to express the consent of the Union and its Member States to be bound by the Protocol.

Article 3

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

Done at Brussels,

For the Council

The President

EUROPEAN COMMISSION

Brussels, 14.11.2019

COM(2019) 588 final

ANNEXES

to the

Proposal for a Council Decision

on the conclusion, on behalf of the European Union and its Member States, 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.

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 ________, 2019 (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 ________, 2019; 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 …………. 2019.

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 ______, 2019 (“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: