# EUR-Lex - 52012PC0439 - EN

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# 52012PC0439

**Proposal for a COUNCIL DECISION on the conclusion of the Agreement providing a general framework for enhanced cooperation between the European Union and the European Organisation for the Safety of Air Navigation /* COM/2012/0439 final - 2012/0213 (NLE) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

On 6 October 2011, the Council granted a
mandate to the Commission authorising it to open negotiations with the European
Organisation for the Safety of Air Navigation (Eurocontrol) in order to
conclude a cooperation agreement between the European Union (EU) and
Eurocontrol. The Agreement should acknowledge the principles of the Single
European Sky (SES), notably the role of the EU as the single regulator for air traffic
management (ATM) and the use of the technical expertise of Eurocontrol to help the
EU to deliver ATM improvements in Europe in accordance with the SES legal
framework and to support the EU in the implementation and development of the
SES and other related policies (environment, climate change and research). The Agreement
should also facilitate further institutional reform of Eurocontrol, for
example, in establishing a new relationship between Eurocontrol and the
European Aviation Safety Agency (EASA), and provide a framework for potentially
sensitive issues such as pan-European civil-military cooperation.

Based on the negotiating directives of the
mandate, a draft Agreement was initialled by the two parties on 24 April 2012.

The proposed draft Agreement defines the
terms and conditions of enhanced cooperation between the EU and Eurocontrol to
support the EU in the implementation and development of ATM in accordance with
the SES legal framework and related EU policies. The objectives are: to
contribute to timely and consistent implementation of the SES within the EU and
with States that agree to be bound by the SES; to facilitate the necessary
civil-military cooperation on ATM in the SES and the use of Eurocontrol
expertise in these areas; to facilitate the involvement of non-EU Member States
in the SES. In addition, the draft Agreement aims to ensure synergies and avoid
duplication of EASA’s work in safety-related ATM matters and environmental
issues and to consider Eurocontrol’s pan-European dimension.

The proposed draft Agreement lists the areas
of cooperation concerning the implementation of SES, SESAR and other related EU
policies that will be defined further in separate annexes to the Agreement.

The proposed draft Agreement defines the
forms and mechanisms of cooperation and coordination between the parties
including the stakeholder consultation processes. A Joint Committee set up by
the Agreement will be responsible for its management and functioning. In
addition, the funding of the activities is defined in accordance with the rules
applicable to the parties’ respective budgets.

The Commission proposes to the Council to
adopt:

·
a decision authorising signature of the Agreement
and its provisional application before entry into force;

·
once this first decision has been adopted, a
further decision to conclude the Agreement with a view to its entry into force
based on the consent of the European Parliament.

2.           LEGAL ELEMENTS OF THE PROPOSAL

The proposed Council Decisions are both
based on Article 100, paragraph 2 of the Treaty on the Functioning of the
European Union (TFEU). In addition the Council Decision on the signing and
provisional application of the Agreement is based on Article 218, paragraph 5
of the TFEU, while the Council Decision on the conclusion is based on Article
218, paragraph 6.

The Agreement on enhanced cooperation
between the EU and Eurocontrol is an efficient binding legal instrument that
fosters technical cooperation between both parties. It establishes a general
framework that allows cooperative activities to be set up in the field of ATM
and related policies. The proposed agreement does not impose any additional
administrative or financial burden on Member States’ authorities.

2012/0213 (NLE)

Proposal for a

COUNCIL DECISION

on the conclusion of the Agreement
providing a general framework for enhanced cooperation between the European
Union and the European Organisation for the Safety of Air Navigation

(Text with EEA relevance)

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 point (a) of Article 218(6) thereof,

Having regard to the proposal from the
European Commission,

Having regard to the consent of the
European Parliament[1],

Whereas:

(1)       The European Commission
has negotiated on behalf of the Union the Agreement providing a general
framework for enhanced cooperation between the European Union and the European
Organisation for the Safety of Air Navigation (hereinafter ‘the Agreement’).

(2)       The Agreement was signed
on (...) subject to its conclusion at a later date.

(3)       The Agreement should be
approved by the Union.

(4)       It is necessary to lay
down procedural arrangements for the participation of the Union in the Joint
Committee established by the Agreement,

HAS ADOPTED THIS DECISION:

Article 1

The Agreement providing a general framework
for enhanced cooperation between the European Union and the European
Organisation for the Safety of Air Navigation is hereby approved on behalf of
the Union.

The text of the Agreement is attached to
this Decision.

Article 2

The President of the Council shall designate
the person(s) empowered to make, on behalf of the Union, the notification
provided for in Article 13, 2 of the Agreement, in order to express the consent
of the Union to be bound by the Agreement.

Article 3

The Union shall be represented by the
Commission in the Joint Committee established under Article 7 of the Agreement.

Article 4

1. The Commission, after consultation with
the Special Committee appointed by the Council, shall determine the position to
be taken by the Union in the Joint Committee, including with respect to the
adoption of Annexes to the Agreement and amendments of such Annexes..

.

2. The Commission may take any appropriate
action under Articles 5, 6, 8, 9, 10 and 11 of the Agreement.

Article 5

The Commission shall regularly inform the
Council of the implementation of the Agreement.

Article 6

This
Decision shall enter into force on the day following that of its publication in
the Official Journal of the European Union.

Done at Brussels,

For
the Council

The
President

[1]               OJ C , , p. .