(1)

In accordance with Council Decision (EU) 2015/1389 (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,

(1)

The Commission has negotiated, on behalf of the European Union and its Member States, the Common Aviation Area Agreement with Georgia (the ‘Agreement’) in accordance with the Council Decision authorising the Commission to open negotiations.

(2)

The Agreement was signed on 2 December 2010, subject to its conclusion at a later date, in accordance with Decision 2012/708/EU of the Council and of the Representatives of the Member States of the European Union meeting within the Council (2).

(3)

The Agreement has been ratified by all Member States except for the Republic of Croatia. The Republic of Croatia accedes to the Agreement in accordance with the procedure provided for in the Act of Accession annexed to the Treaty of Accession of 5 December 2011. The relevant Protocol of Accession of the Republic of Croatia was signed in November 2014.

(4)

The Agreement should be approved on behalf of the Union.

(5)

Articles 3 and 4 of Decision 2012/708/EU contain provisions on decision making and representation with regard to various matters set out in the Agreement. In light of the judgement of the European Court of Justice of 28 April 2015 in case C-28/12 (3), the application of some those provisions should be discontinued. Having regard to the Treaties, neither new provisions on those matters nor provisions on information obligations of the Member States are necessary. Consequently, paragraphs 2 to 5 of Article 3 and Articles 4 and 5 of Decision 2012/708/EU should cease to apply on the date of entry into force of this Decision,

(1)

In accordance with Council Decision 2014/928/EU (2), the Protocol amending the Common Aviation Area Agreement between the European Union and its Member States, of the one part, and Georgia, of the other part (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,

(1)

In accordance with Council Decision (EU) 2015/372 (2), the Protocol amending the Euro-Mediterranean Aviation Agreement between the European Union and its Member States, of the one part and the government of the State of Israel, of the other part (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,

(1)

The Common Aviation Area Agreement between the European Union and its Member States and the Republic of Moldova (2) (the ‘Agreement’) was signed on 26 June 2012, subject to its conclusion, in accordance with Decision 2012/639/EU of the Council and of the Representatives of the Governments of the Member States, meeting within the Council (3).

(2)

The Agreement has been ratified by all Member States except for the Republic of Croatia, which accedes to the Agreement in accordance with the 2012 Act of Accession. 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 (4) was signed on 22 July 2015 in accordance with Council Decision (EU) 2015/1389 (5).

(3)

The Agreement should be approved on behalf of the Union.

(4)

Articles 4 and 5 of Decision 2012/639/EU contain provisions on decision-making and representation with regard to various matters set out in the Agreement. In view of the judgment of the Court of Justice of 28 April 2015 in Case C-28/12 (6), Commission v Council, the application of those provisions should be discontinued. Having regard to the Treaties, new provisions on those matters are not necessary and the provisions concerning the provision of information to the Commission set out in Article 6 of Decision 2012/639/EU are no longer necessary. Consequently, paragraphs 2 to 5 of Article 4 and Articles 5 and 6 of Decision 2012/639/EU should cease to apply on the date of entry into force of this Decision,

(1)

The Euro-Mediterranean Aviation Agreement between the European Union and its Member States, of the one part, and the government of the State of Israel, of the other part, (2) (the "Agreement") was signed on 10 June 2013, subject to its conclusion, in accordance with Decision 2013/398/EU of the Council and the Representatives of the Governments of the Member States, meeting within the Council (3).

(2)

The Agreement has been ratified by all Member States, except for the Republic of Croatia, which accedes to the Agreement in accordance with the 2012 Act of Accession. The Protocol amending the Euro-Mediterranean Aviation Agreement between the European Union and its Member States, of the one part, and the government of the State of Israel, of the other part, to take account of the accession to the European Union of the Republic of Croatia (4) was signed on 19 February 2015 in accordance with Council Decision (EU) 2015/372 (5).

(3)

The Agreement should be approved on behalf of the Union.

(4)

The Agreement should be implemented in accordance with the Union's position that the territories which came under Israeli administration in June 1967 are not part of the territory of the State of Israel.

(5)

Articles 4 and 5 of Decision 2013/398/EU contain provisions on decision-making and representation with regard to various matters set out in the Agreement. In view of the judgment of the Court of Justice of 28 April 2015 in Case C-28/12 (6), Commission v Council, the application of those provisions should be discontinued. Having regard to the Treaties, new provisions on those matters are not necessary and the provisions concerning the provision of information to the Commission set out in Article 6 of Decision 2013/398/EU are no longer necessary. Consequently, paragraphs 2 to 5 of Article 4 and Articles 5 and 6 of Decision 2013/398/EU should cease to apply on the date of entry into force of this Decision,

(1)

The Euro-Mediterranean Aviation Agreement between the European Union and its Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part (2) (the ‘Agreement’), was signed on 15 December 2010, subject to its conclusion at a later date, in accordance with Decision 2012/750/EU of the Council and the Representatives of the Governments of the Member States, meeting within the Council (3).

(2)

The Agreement has been ratified by all Member States, except for the Republic of Croatia, which accedes to the Agreement in accordance with the 2012 Act of accession. The Protocol amending the Euro-Mediterranean Aviation Agreement between the European Union and its Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part, to take account of the accession to the European Union of the Republic of Croatia (4) was signed on 3 May 2016 in accordance with Council Decision (EU) 2016/803 (5).

(3)

The Agreement should be approved on behalf of the Union.

(4)

Articles 3 and 4 of Decision 2012/750/EU contain provisions on decision-making and representation with regard to various matters set out in the Agreement. In view of the judgment of the Court of Justice of 28 April 2015 in Case C-28/12 (6), Commission v Council, the application of those provisions should be discontinued. Having regard to the Treaties, new provisions on those matters are not necessary and the provisions concerning the provision of information to the Commission set out in Article 5 of Decision 2012/750/EU are no longer necessary. Consequently, paragraphs 2 to 5 of Article 3 and Articles 4 and 5 of Decision 2012/750/EU should cease to apply on the date of entry into force of this Decision,

(1)

The Chicago Convention on International Civil Aviation (‘the Chicago Convention’) entered into force on 4 April 1947. It established the International Civil Aviation Organization (ICAO) and aims to regulate international air transport.

(2)

All Member States of the Union are contracting States of the Chicago Convention and members of the ICAO, whereas the Union has observer status in certain ICAO bodies.

(3)

In December 2015, the 21st Conference of the Parties to the United Nations Framework Convention on Climate Change adopted the Paris Agreement (1). The objectives of the Paris Agreement include holding the increase in the global average temperature to well below 2 °C above pre-industrial levels and pursuing efforts to limit temperature increase to 1,5 °C above pre-industrial levels. All sectors of the economy should contribute to achieving emission reductions, including international aviation.

(4)

In 2016, by means of its Resolution A39-3, the 39th ICAO Assembly decided to implement a global market-based measure scheme in the form of the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) to limit greenhouse gas emissions from international aviation at their 2020 levels. The Union position in respect of the elaboration and adoption of that scheme and its various detailed elements has been established by Council Decision (EU) 2016/915 (2).

(5)

On 27 June 2018, at the tenth meeting of its 214th session, the ICAO Council adopted the First Edition of Annex 16, Volume IV to the Chicago Convention: Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) (‘Annex 16, Volume IV’).

(6)

In 2017, Regulation (EU) 2017/2392 of the European Parliament and of the Council (3) amended Directive 2003/87/EC of the European Parliament and of the Council (4). One of the purposes of that Regulation was to prepare for the implementation of CORSIA from 2021, to lay down requirements under Union law for the monitoring, reporting and verification for the purpose of CORSIA, and reporting on and the review of the implementation of CORSIA.

(7)

The rules contained in Annex 16, Volume IV are to become binding in accordance with, and within the limits set out in, the Chicago Convention. Those rules are also to become binding upon the Union and its Member States under existing international air transport agreements.

(8)

In order for ICAO to take full account of the current legal framework at Union level, differences have been notified by the Member States in accordance with Council Decision (EU) 2018/2027 (5). Under Decision (EU) 2018/2027, Directive 2003/87/EC, as it currently stands, applies irrespective of the nationality of the aeroplane operator and in principle covers flights which depart from or arrive in an aerodrome situated in the territory of a Member State to which the Treaty on the Functioning of the European Union (‘TFEU’) applies. Directive 2003/87/EC applies without distinction to flights within and between Member States and/or European Economic Area countries. At this stage, those rules apply both to monitoring, reporting and verification (MRV) requirements and offsetting requirements.

(9)

Subject to the differences notified in accordance with Decision (EU) 2018/2027, the MRV requirements which are set out in Annex 16, Volume IV and applicable as from 1 January 2019 have been incorporated into Union law by means of Commission Implementing Regulations (EU) 2018/2066 (6) and (EU) 2018/2067 (7) and Commission Delegated Regulation (EU) 2019/1603 (8). Under those Regulations, emissions data will be collected and transmitted to the ICAO Secretariat in respect of emissions during the pilot phase.

(10)

Pursuant to paragraphs 3.1.3 and 3.2.1 of Chapter 3 of Part II and Appendix 1 of Annex 16, Volume IV, contracting States are required to notify ICAO of their decision to voluntarily participate or to discontinue the voluntary participation in CORSIA from 1 January 2021. Contracting States are also required to notify ICAO of which option they have selected for calculating aeroplane operators’ offsetting requirements during the 2021-2023 period. They are required to submit those notifications by 30 June 2020.

(11)

It follows from those provisions that certain legal effects of Annex 16, Volume IV depend on the submission of and the terms of relevant notifications to ICAO. Therefore, the adoption of a Union position in respect of such notifications falls within the scope of Article 218(9) TFEU.

(12)

In this respect, it is appropriate to establish the position to be taken on the Union’s behalf within the ICAO, having regard to the notification requirements under Annex 16, Volume IV, in particular because the voluntary participation in CORSIA and the choice of the option under paragraph 3.2.1 of Annex 16, Volume IV may decisively influence rights and obligations in an area covered by Union law, notably Directive 2003/87/EC and, to a certain extent, Directive (EU) 2018/2001 of the European Parliament and of the Council (9).

(13)

The Union and the Member States have repeatedly declared (10) that they are willing to participate in CORSIA from 1 January 2021.

(14)

Voluntary participation in CORSIA implies that, in accordance with paragraph 3.2.1 of Annex 16, Volume IV, an option must be selected for calculating aeroplane operators’ offsetting requirements during the 2021-2023 period. In this respect, it is appropriate to base the calculations on the emissions during 2021, 2022 and 2023, respectively. That option is likely to entail a greater environmental and international transport benefit than the other option available, which is to base the calculations on the emissions during 2020, since the emissions from international aviation are expected to be higher during 2021, 2022 and 2023 than during 2020 thus leading to greater offsetting requirements. It would also ensure greater continuity, bearing in mind that, for the years from 2024, paragraph 3.2.2 of Annex 16, Volume IV equally provides for a calculation based on the respective year.

(15)

The selection of emissions during 2021, 2022 and 2023, respectively, for the calculation of aeroplane operators’ offsetting requirements would apply during the 2021-2023 period to all aeroplane operators that have been attributed to the Member State concerned in line with the latest edition of the ICAO document ‘CORSIA Aeroplane Operator to State Attributions’ (11).

(16)

The framework of Directive 2003/87/EC currently differs from Annex 16, Volume IV in certain ways. Under Article 28b(2) of Directive 2003/87/EC, within 12 months of the adoption by ICAO of the relevant instruments and before CORSIA becomes operational, the Commission is to present a report to the European Parliament and to the Council in which it is to consider ways for those instruments to be implemented in Union law through a revision of Directive 2003/87/EC and in which it is to examine, amongst other things, the ambition and overall environmental integrity of CORSIA, including its general ambition in relation to targets under the Paris Agreement, the level of participation, its enforceability, transparency, the penalties for non-compliance, the processes for public input, the quality of offset credits, monitoring, reporting and verification of emissions, registries, accountability as well as rules on the use of biofuels. Under Article 28b(3) of Directive 2003/87/EC, where appropriate, the Commission is to accompany the report with a proposal to the European Parliament and to the Council to amend, delete, extend or replace the derogations provided for in Article 28a of that Directive, that is consistent with the Union economy-wide greenhouse gas emission reduction commitment for 2030 with the aim of preserving the environmental integrity and effectiveness of Union climate action.

(17)

The Commission has not yet presented the report. There is therefore an urgent need for the Commission to present the report referred to Article 28b(2) of Directive 2003/87/EC, accompanied by the corresponding proposal to the European Parliament and to the Council, as soon as possible and before the end of 2020.

(18)

In this context, it is necessary to ensure that current and possible future differences between Union law and Annex 16, Volume IV be taken into account effectively, with a view to preserving the Union legal framework as necessary, including the legislator’s latitude to decide on the future Union scheme applicable to the area concerned.

(19)

The relevant notifications to ICAO should therefore include a reference to the difference notified in accordance with Decision (EU) 2018/2027, which applies to the matters covered by the voluntary participation. Since such difference, insofar as still relevant, merely concerns the attribution of competence of States vis-à-vis the different operators, the relevant notifications to ICAO should also reserve the possibility to notify additional differences.

(20)

The positions to be taken on the Union’s behalf within the ICAO should be expressed by each Member State of the Union that is a member of the ICAO,

(1)

On 25 November 2005, the Council adopted Joint Action 2005/889/CFSP (1), which established a European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah).

(2)

On 28 June 2019, the Council adopted Decision (CFSP) 2019/1115 (2), which amended Joint Action 2005/889/CFSP and extended it until 30 June 2020.

(3)

On 16 April 2020, the Political and Security Committee (‘PSC’) agreed that, due to the COVID-19 pandemic, EU BAM Rafah should be extended with the same mandate for a further period of 12 months, until 30 June 2021, with the understanding that the Mission will be subject to a Strategic Review as soon as circumstances allow.

(4)

EU BAM Rafah should be granted a financial reference amount for this new one‐year period.

(5)

Joint Action 2005/889/CFSP should be amended accordingly.

(6)

EU BAM Rafah will be conducted in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union’s external action as set out in Article 21 of the Treaty,

1.

2.

3.

4.

‘(b)

create an obligation to pay variable remuneration or discretionary pension benefits or pay variable remuneration if the obligation to pay was created at a time when the institution failed to meet the combined buffer requirements; or’,

‘(b)

create an obligation to pay variable remuneration or discretionary pension benefits or pay variable remuneration if the obligation to pay was created at a time when the institution failed to meet the combined buffer requirement; or’.

5.

‘(d)

where the Common Equity Tier 1 capital maintained by the institution which is not used to meet the own funds requirements set out in points (b) and (c) of Article 92(1) of Regulation (EU) No 575/2013 and …’,

‘(d)

where the Common Equity Tier 1 capital maintained by the institution which is not used to meet the own funds requirements set out in points (a), (b) and (c) of Article 92(1) of Regulation (EU) No 575/2013 and …’.

6.

‘(b)

create an obligation to pay variable remuneration or discretionary pension benefits or pay variable remuneration if the obligation to pay was created at a time when the institution failed to meet the combined buffer requirements; or’,

‘(b)

create an obligation to pay variable remuneration or discretionary pension benefits or pay variable remuneration if the obligation to pay was created at a time when the institution failed to meet the leverage ratio buffer requirement; or’.