(1)

The Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Iraq, of the other part (‘the Agreement’) was concluded by the Union by Council Decision (EU) 2018/1107 (1) and entered into force on 1 August 2018.

(2)

Pursuant to Article 111(1) of the Agreement, a Cooperation Council was established to supervise the implementation of the Agreement. Pursuant to Article 112(2) of the Agreement, the Cooperation Council may decide to set up any specialised sub-committee or body that can assist it in carrying out its duties. The Cooperation Council determines the composition and duties of such committees or bodies and how they are to function.

(3)

The Union and Iraq have both expressed interest in setting up a specialised Sub-Committee on Development Cooperation in order to facilitate a dedicated dialogue on all aspects of Union-Iraq development cooperation and to promote the effective implementation of Union development cooperation programmes in Iraq.

(4)

The Cooperation Council is to adopt a decision on the setting up of a specialised Sub-Committee on Development Cooperation and on the adoption of its terms of reference during the third session of the Cooperation Council, or, if appropriate, by written procedure beforehand or afterwards, in accordance with Article 10(1) of its Rules of Procedure (2).

(5)

It is appropriate to establish the position to be adopted on the Union’s behalf within the Cooperation Council, as the Decision of the Cooperation Council will be binding on the Union,

(1)

The Air Transport Agreement between the European Community and its Member States, of the one part, and the United States of America, of the other part (1) (‘the EU-US Air Transport Agreement’) was signed on 25 and 30 April 2007 further to the adoption of Decision 2007/339/EC of the Council and the Representatives of the Governments of the Member States of the European Union, meeting within the Council (2). It has been applied provisionally since 30 March 2008 and was concluded by means of Council Decision (EU) 2020/1110 (3). It entered into force on 29 June 2020. It was 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 25 and 30 April 2007 (4) (‘the Protocol’), of 24 June 2010, which entered into force on 5 May 2022. The Protocol provides for the accession of third countries to the EU-US Air Transport Agreement.

(2)

Iceland and Norway are fully integrated members of the single European aviation market through the Agreement on the European Economic Area. They formally requested accession to the EU-US Air Transport Agreement in 2007. In accordance with Article 18(5) of the EU-US Air Transport Agreement, the Joint Committee established thereunder proposed, in its meeting of 16 November 2010, an 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 (‘the Accession Agreement’).

(3)

The Commission negotiated an Ancillary Agreement between the European Union and its Member States, of the first part, Iceland, of the second part, and the Kingdom of Norway, of the third part, on the application 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 (‘the Ancillary Agreement’).

(4)

On 2 May 2011, the Commission adopted a proposal for a Council decision on the signing, on behalf of the Union, and provisional application of the Accession Agreement and the Ancillary Agreement.

(5)

On 16 June 2011, the Council and the Representatives of the Governments of the Member States of the European Union, meeting within the Council, adopted Decision 2011/708/EU (5) on the signing, on behalf of the Union, and provisional applicationof the Accession Agreement (6) and the Ancillary Agreement (7). Article 3 of that Decision provided for the provisional application of both the Accession Agreement and the Ancillary Agreement from the date of signature which took place on 21 June 2011. Since that date the two agreements are applied provisionally.

(6)

In its judgment of 28 April 2015 in case C-28/12, Commission v Council (8) (‘the judgment’), the Court of Justice annulled Decision 2011/708/EU on the grounds that the Council could not legally authorise the signing and the provisional application of the Accession Agreement and the Ancillary Agreement in an act adopted together with the representatives of the Governments of the Member States meeting within the Council. The Court maintained the effects of Decision 2011/708/EU until the entry into force, within a reasonable period from the delivery of the judgment, of a new decision to be adopted by the Council pursuant to Article 218(5) and (8) of the Treaty on the Functioning of the European Union.

(7)

In order to comply with the judgment, the Council should adopt a new decision on the signing and provisional application of the Accession Agreement and the Ancillary Agreement, subject to their conclusion at a later date,