52023PC0238

EUROPEAN COMMISSION

Brussels, 8.5.2023

COM(2023) 238 final

2023/0141(NLE)

Proposal for a

COUNCIL DECISION

on the signing, on behalf of the European Union and its Member States, and provisional application of a Protocol amending the Euro-Mediterranean Aviation Agreement between the European Community and its Member States, of the one part, and the Kingdom of Morocco, of the other part, 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

The Euro-Mediterranean Aviation Agreement between the European Community and its Member States, of the one part, and the Kingdom of Morocco, of the other part, was negotiated on the basis of an authorisation to negotiate granted by the Council on 5 December 2004; the Agreement was signed on 12 December 2006.

The Republic of Croatia acceded to the European Union on 1 July 2013. Pursuant to Article 6(2) of the Act concerning the Conditions of Accession, Croatia undertook to accede to the agreements concluded or signed by the Member States and the Union with one or more third countries or an international organisation, including the Euro-Mediterranean Aviation Agreement with Morocco.

According to the provisions of the above-mentioned Article 6(2), ‘the accession of Croatia to such agreements shall be agreed by the conclusion of a protocol to such agreements between the Council, acting unanimously on behalf of the Member States, and the third country or countries or international organisations concerned. The Commission [...] shall negotiate these protocols on behalf of the Member States [...]’.

The Commission has negotiated the Protocol amending the Euro-Mediterranean Aviation Agreement between the European Community and its Member States, of the one part, and the Kingdom of Morocco, of the other part.

The Protocol provides for the necessary linguistic adaptations of the Agreement that ensue from the accession of Croatia.

The objective of the present proposal is to obtain a Council decision, based on Article 218(5) of the Treaty on the Functioning of the European Union and Article 6(2) of the Act concerning the Conditions of Accession, authorising the signing of the Protocol on behalf of the Union and the Member States and its provisional application by the Union and the Member States in accordance with Article 4(2) thereof, subject to its conclusion at a later date.

•Consistency with existing policy provisions in the policy area

The provisions of the Protocol supplement the provisions of the Euro-Mediterranean Aviation Agreement between the European Community and its Member States, of the one part, and the Kingdom of Morocco, of the other part, to take account of the accession of Croatia to the European Union. That Protocol allows Croatia to honour its obligations under Article 6(2) of the Act concerning the Conditions of Accession

•Consistency with other Union policies

The Agreement with Morocco was the first comprehensive air transport agreement signed with a non-EU partner of the Union. That Agreement is an important element of the Union’s external aviation policy and is one of several Euro-Mediterranean aviation agreements, which the Union has since signed also with Israel and Jordan. The Aviation Agreement with Morocco has made it possible to nearly triple, in absolute terms, connectivity between that country and the Union. This Protocol will enable Croatia to enjoy these benefits in the same way as other Member States currently do.

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•Legal basis

Article 100(2) and Article 218(5) of the Treaty on the Functioning of the European Union, in conjunction with Article 6(2) of the Act of Accession.

•Subsidiarity (for non-exclusive competence)

The Protocol amends an agreement between the European Union (and its Member States) and a third country. It must therefore be signed at Union level.

•Proportionality

This is the standard procedure for recording the accession of a new Member State to an agreement concluded by the Union (and its Member States). The scope of the Protocol is strictly limited to the question of Croatia’s accession to the Aviation Agreement with Morocco.

•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 impact on the Union budget.

5.OTHER ELEMENTS

•Implementation plans and monitoring, evaluation and reporting arrangements

Not applicable

•Explanatory documents (for directives)

Not applicable

•Detailed explanation of the specific provisions of the proposal

The Council is invited to approve the Protocol amending the Euro-Mediterranean Aviation Agreement between the European Community and its Member States, of the one part, and the Kingdom of Morocco, of the other part.

Article 1 authorises the signature of the Agreement on behalf of the Union and its Member States.

Article 2 specifies the procedure for designating the person(s) authorised to sign the Agreement.

Article 3 provides for the provisional application of the Protocol.

2023/0141 (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(5) 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,

Whereas:

(1)The Commission has negotiated a Protocol amending the Euro-Mediterranean Aviation Agreement between the European Community and its Member States, of the one part, and the Kingdom of Morocco, of the other part, to take account of the accession of the Republic of Croatia to the European Union (the ‘Protocol’), so as to ensure that the above-mentioned Agreement is extended to also cover the Republic of Croatia.

(2)The negotiations on the Protocol were successfully concluded and the Protocol was initialled by both parties on 23 December 2022.

(3)The Protocol should therefore be signed on behalf of the Union and its Member States, subject to its conclusion at a later date.

(4)In accordance with Article 4(2) thereof, the Protocol should apply on a provisional basis,

HAS ADOPTED THIS DECISION:

Article 1

The signing of the Protocol amending the Euro-Mediterranean Aviation Agreement between the European Community and its Member States, of the one part, and the Kingdom of Morocco, of the other part, to take account of the accession of the Republic of Croatia to the European Union (the ‘Protocol’) is hereby authorised on behalf of the Union and its Member States, subject to the conclusion of the said Protocol.

The text of the Protocol is attached to this Decision.

Article 2

The General Secretariat of the Council shall establish the instrument of full powers to sign the Protocol, subject to its conclusion, for the person(s) indicated by the Commission.

Article 3

The Protocol shall apply provisionally, in accordance with Article 4(2) thereof, from the date of signature by the parties.

Article 4

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

Done at Brussels,

For the Council

The President

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EUROPEAN COMMISSION

Brussels, 8.5.2023

COM(2023) 238 final

ANNEX

to the

Proposal for a Council Decision

ANNEX

PROTOCOL

amending the Euro-Mediterranean Aviation Agreement

between the European Community and its Member States, of the one part,

and the Kingdom of Morocco, of the other part, to take account of the accession to the European Union of the Republic of Croatia

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,

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 one part,

and

THE KINGDOM OF MOROCCO,

of the other 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 Republic of Croatia is a Party to the Euro-Mediterranean Aviation Agreement signed by the European Community and its Member States and the Kingdom of Morocco on 12 December 2006 (hereinafter ‘the Agreement’), as amended by the Protocol signed on 18 June 2012 to take account of the accession to the European Union of the Republic of Bulgaria and Romania (hereinafter ‘the Protocol’).

Article 2

1. The following provision is added to Annex II (‘Bilateral Agreements between Morocco and the Member States of the European Community’) to the Agreement, as amended by the Protocol.

After the second indent concerning Bulgaria:

‘— Air Transport Agreement between the Government of the Republic of Croatia and the Government of the Kingdom of Morocco signed in Rabat on 7 July 1999;’.

2. The following provisions are added to the first paragraph of Annex III (‘Procedures for operating authorisations and technical permissions: competent authorities’) to the Agreement, as amended by the Protocol.

After the section on Bulgaria:

‘Croatia:

Croatian Civil Aviation Agency (CCAA)’.

Article 3

The text of the Agreement in the Croatian language, which is attached to this Protocol, shall become authentic under the same conditions as the other language versions.

Article 4

1. This Protocol shall be approved by the Parties in accordance with their own procedures. It shall enter into force on the same day the Agreement enters into force. However, should this Protocol be approved by the Contracting Parties after the date of entry into force of the Agreement, it would then enter into force, in accordance with Article 30(2) of the Agreement, one month after the date on which the Parties notify each other of the completion of their internal approval formalities.

2. This Protocol shall be an integral part of the Agreement and shall be applied on a provisional basis as from the signing thereof by the Parties.

This Protocol is drawn up at ……….., on ………, in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, Gaelic, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Arabic languages, each of these texts being equally authentic

FOR THE MEMBER STATES FOR THE KINGDOM OF MOROCCO

FOR THE EUROPEAN UNION

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