# Official Journal L 245/2019

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 245 |
| | |
| English edition | Legislation | Volume 6225 September 2019 |

ISSN 1977-0677

Official Journal

of the European Union

L 245

English edition

Legislation

Volume 6225 September 2019

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| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | INTERNATIONAL AGREEMENTS |
| | * | Council Decision (EU) 2019/1580 of 18 July 2019 on the signing, on behalf of the European Union, and the provisional application of the Agreement with Respect to Time Limitations on Arrangements for the Provision of Aircraft with Crew between the European Union, the United States of America, Iceland, and the Kingdom of Norway | 1 |
| | | Agreement with Respect to Time Limitations on Arrangements for the Provision of Aircraft with Crew | 3 |
| | | DECISIONS |
| | * | Council Decision (EU) 2019/1581 of 16 September 2019 on the submission, on behalf of the European Union, of proposals to amend Appendices I and II to the Convention on the Conservation of Migratory Species of Wild Animals (CMS) with a view to the thirteenth meeting of the Conference of the Parties | 7 |

Contents

II   Non-legislative acts

page

INTERNATIONAL AGREEMENTS

*

Council Decision (EU) 2019/1580 of 18 July 2019 on the signing, on behalf of the European Union, and the provisional application of the Agreement with Respect to Time Limitations on Arrangements for the Provision of Aircraft with Crew between the European Union, the United States of America, Iceland, and the Kingdom of Norway

1

Agreement with Respect to Time Limitations on Arrangements for the Provision of Aircraft with Crew

3

DECISIONS

*

Council Decision (EU) 2019/1581 of 16 September 2019 on the submission, on behalf of the European Union, of proposals to amend Appendices I and II to the Convention on the Conservation of Migratory Species of Wild Animals (CMS) with a view to the thirteenth meeting of the Conference of the Parties

7

| | | Corrigenda |
| --- | --- | --- |
| | * | Corrigendum to Council Directive (EU) 2017/2455 of 5 December 2017 amending Directive 2006/112/EC and Directive 2009/132/EC as regards certain value added tax obligations for supplies of services and distance sales of goods ( OJ L 348, 29.12.2017 ) | 9 |

Corrigenda

*

Corrigendum to Council Directive (EU) 2017/2455 of 5 December 2017 amending Directive 2006/112/EC and Directive 2009/132/EC as regards certain value added tax obligations for supplies of services and distance sales of goods ( OJ L 348, 29.12.2017 )

( OJ L 348, 29.12.2017 )

9

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

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II Non-legislative acts

INTERNATIONAL AGREEMENTS

| 25.9.2019 | EN | Official Journal of the European Union | L 245/1 |
| --- | --- | --- | --- |

25.9.2019

EN

Official Journal of the European Union

L 245/1

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COUNCIL DECISION (EU) 2019/1580

of 18 July 2019

on the signing, on behalf of the European Union, and the provisional application of the Agreement with Respect to Time Limitations on Arrangements for the Provision of Aircraft with Crew between the European Union, the United States of America, Iceland, and the Kingdom of Norway

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 proposal from the European Commission,

Whereas:

| (1) | On 11 May 2017, the Council authorised the Commission to open negotiations with the United States of America, Iceland and the Kingdom of Norway on an Agreement with Respect to Time Limitations on Arrangements for the Provision of Aircraft with Crew (‘the Agreement’). The negotiations were successfully concluded by the initialling of the Agreement on 8 March 2019. |
| --- | --- |

(1)

On 11 May 2017, the Council authorised the Commission to open negotiations with the United States of America, Iceland and the Kingdom of Norway on an Agreement with Respect to Time Limitations on Arrangements for the Provision of Aircraft with Crew (‘the Agreement’). The negotiations were successfully concluded by the initialling of the Agreement on 8 March 2019.

| (2) | The Agreement should be signed and applied on a provisional basis, pending the completion of the procedures necessary for its entry into force, |
| --- | --- |

(2)

The Agreement should be signed and applied on a provisional basis, pending the completion of the procedures necessary for its entry into force,

HAS ADOPTED THIS DECISION:

Article 1

The signing, on behalf of the Union, of the Agreement with Respect to Time Limitations on Arrangements for the Provision of Aircraft with Crew between the European Union, the United States of America, Iceland, and the Kingdom of Norway, as well as of the Joint Declaration forming an integral part thereof, is hereby authorised, subject to the conclusion of the said Agreement.

The text of the Agreement, together with the Memorandum of Consultations, is attached to this Decision.

Article 2

The Agreement shall be signed in English. Pursuant to Union law, the Agreement is also drawn up by the Union in Bulgarian, Croatian, Czech, Danish, Dutch, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages. These additional language versions should be authenticated by an exchange of letters between the Parties. All authenticated versions shall be of equal value.

Article 3

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.

Article 4

The Agreement shall be applied on a provisional basis as from the date of the signature thereof (1), pending the completion of the procedures necessary for its entry into force.

Article 5

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

Done at Brussels, 18 July 2019.

For the Council

The President

T. TUPPURAINEN

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(1)  The date from which the Agreement will be provisionally applied will be published in the Official Journal of the European Union by the General Secretariat of the Council.

1

Official Journal of the European Union

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| 25.9.2019 | EN | Official Journal of the European Union | L 245/3 |
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25.9.2019

EN

Official Journal of the European Union

L 245/3

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AGREEMENT

with Respect to Time Limitations on Arrangements for the Provision of Aircraft with Crew

THE UNITED STATES OF AMERICA (hereinafter, ‘the United States’), THE EUROPEAN UNION, ICELAND, and THE KINGDOM OF NORWAY (hereinafter, ‘Norway’),

RECOGNIZING the benefit of promoting flexibility and fair and equal opportunities with respect to operating arrangements entered into by airlines pursuant to Article 10(9) 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, 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 June 24, 2010 (hereinafter, the ‘U.S.-EU ATA’) and applied pursuant to the Air Transport Agreement among the United States of America, the European Union and its Member States, Iceland, and the Kingdom of Norway, signed on June 16 and 21, 2011 (hereinafter, the ‘Four Part ATA’);

RECOGNIZING the comprehensive aviation relationship among the parties, established by the U.S.-EU ATA and the Four Part ATA and the close cooperation among the parties developed in the context of these Agreements;

REAFFIRMING the common objective of the Parties to ensure the highest degree of safety and security in international air transportation, as is reflected in their similar regulatory frameworks;

ACKNOWLEDGING the existence of comparable social and economic conditions among the Parties with respect to international air transportation; and

RESOLVING to promote flexibility in operating arrangements between airlines to lease aircraft with crew as provided for by the U.S.-EU ATA, including as applied by the Four Part ATA, by reciprocally removing time limits on such arrangements, without otherwise affecting the application of those Agreements;

HAVE AGREED AS FOLLOWS:

Article 1

Definitions

For purposes of this Agreement, the term:

| 1. | ‘European airlines’ means airlines of the European Union and its Member States, Iceland, and Norway that are authorized to provide international air transportation pursuant to Article 4 of the U.S.-EU ATA, including as applied by the Four Part ATA. |
| --- | --- |

1.

‘European airlines’ means airlines of the European Union and its Member States, Iceland, and Norway that are authorized to provide international air transportation pursuant to Article 4 of the U.S.-EU ATA, including as applied by the Four Part ATA.

| 2. | ‘Party’ means the United States, the European Union, Iceland, or Norway. |
| --- | --- |

2.

‘Party’ means the United States, the European Union, Iceland, or Norway.

| 3. | ‘U.S. airlines’ means airlines of the United States authorized to provide international air transportation pursuant to Article 4 of the U.S.-EU ATA, including as applied by the Four Part ATA. |
| --- | --- |

3.

‘U.S. airlines’ means airlines of the United States authorized to provide international air transportation pursuant to Article 4 of the U.S.-EU ATA, including as applied by the Four Part ATA.

| 4. | ‘Wet lease’ means any arrangement between two airlines for the provision of aircraft with crew for international air transportation. |
| --- | --- |

4.

‘Wet lease’ means any arrangement between two airlines for the provision of aircraft with crew for international air transportation.

Article 2

Time Limitations

1.   No Party shall impose, including by statute or regulation, time limitations on the operation of any wet lease pursuant to Article 10(9) of the U.S.-EU ATA, including as applied by the Four Part ATA, provided that such wet lease complies with all terms and conditions of said Article 10(9).

2.   Nothing in paragraph 1 shall be understood to limit the right of a Party to otherwise apply its statutes and regulations with respect to wet leasing arrangements involving its airlines and those of countries that are not party to this Agreement.

Article 3

Consultations

Any Party may, at any time, request consultations with any other Party or Parties regarding any matter relating to this Agreement. Such consultations shall begin at the earliest possible date, but no later than 60 days from the date the other Party receives the request or, as appropriate, from the date all other Parties have received the request, unless otherwise agreed. Such consultations may be held in connection with a meeting of the Joint Committee referenced in Article 18 of the U.S.-EU ATA.

Article 4

Review

The Parties shall review, as appropriate, the implementation of this Agreement. Such review may be held in connection with a meeting of the Joint Committee referenced in Article 18 of the U.S.-EU ATA.

Article 5

Dispute Resolution

1.   Any dispute arising under this Agreement that is not resolved by consultations under Article 3 may be referred to a person or body for decision by agreement of the parties to the dispute. If the parties to the dispute do not so agree, the dispute shall, at the request of one of the parties to the dispute, be submitted to arbitration using the procedures provided for in Article 19(2)-(8) of the U.S.-EU ATA, except as provided herein.

2.   In the case of a dispute involving:

| (a) | two Parties to this Agreement, the term ‘Party’ or ‘Parties’ in Article 19(2)-(8) of the U.S.-EU ATA shall, when applied to such a dispute under this Agreement, mean a party or parties to a dispute under this Agreement. |
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(a)

two Parties to this Agreement, the term ‘Party’ or ‘Parties’ in Article 19(2)-(8) of the U.S.-EU ATA shall, when applied to such a dispute under this Agreement, mean a party or parties to a dispute under this Agreement.

| (b) | more than two Parties to this Agreement, one or both sides may include multiple Parties for purposes of participation in a proceeding described in this Article. In the case of such a dispute under this Agreement, all references to a ‘Party’ in Articles 19(2)-(8) of the U.S.-EU ATA shall, when applied to that dispute, mean one side to the dispute under this Agreement, and all references to ‘Parties’ shall, when applied to that dispute, mean the two sides to the dispute under this Agreement. |
| --- | --- |

(b)

more than two Parties to this Agreement, one or both sides may include multiple Parties for purposes of participation in a proceeding described in this Article. In the case of such a dispute under this Agreement, all references to a ‘Party’ in Articles 19(2)-(8) of the U.S.-EU ATA shall, when applied to that dispute, mean one side to the dispute under this Agreement, and all references to ‘Parties’ shall, when applied to that dispute, mean the two sides to the dispute under this Agreement.

3.   The term ‘this Agreement’ in Article 19(3) and (7) of the U.S.-EU ATA shall, when applied to a dispute under this Agreement, mean this Agreement with Respect to Time Limitations on Arrangements for the Provision of Aircraft with Crew among the United States of America, the European Union, Iceland, and the Kingdom of Norway.

4.   The reference to ‘Member State’ in Article 19(2) of the U.S.-EU ATA shall, when applied to a dispute under this Agreement, include Iceland and Norway.

Article 6

Registration with the International Civil Aviation Organization (ICAO)

This Agreement and any amendments thereto shall be registered with ICAO by the General Secretariat of the Council of the European Union.

Article 7

Entry into Force, Provisional Application, and Termination

1.   This Agreement shall enter into force 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 Agreement have been completed.

2.   Pending its entry into force, the Parties agree that this Agreement shall be applied provisionally by the United States and the European Union commencing upon signature by the United States and the European Union, and by Norway and Iceland commencing upon the later of the date of provisional application by the United States and the European Union and that State's signature of this Agreement.

3.   Either the United States or the European Union may, at any time, give notice in writing through diplomatic channels to the other Parties of its decision to terminate this Agreement or to end provisional application of this Agreement under paragraph 2 of this Article. A copy of the notice shall be sent simultaneously to ICAO. This Agreement shall terminate, or provisional application of this Agreement shall end, at midnight GMT 90 days following the date of the written notification, unless the notice is withdrawn by agreement of the United States and the European Union before the end of this period.

4.   Either Iceland or Norway may, at any time, give notice in writing through diplomatic channels to the other Parties of its decision to withdraw from this Agreement or to end its provisional application of this Agreement under paragraph 2 of this Article. A copy of the notice shall be sent simultaneously to ICAO. Such withdrawal or cessation of provisional application shall be effective at midnight GMT 90 days following the date of written notification, unless the notice is withdrawn by agreement of the Party giving written notice, the United States, and the European Union before the end of this period.

5.   Notwithstanding any other provision of this Article, if the U.S.-EU ATA is terminated or the parties to that agreement cease to provisionally apply it, this Agreement shall terminate simultaneously.

6.   Notwithstanding any other provision of this Article, if the Four Part ATA is terminated pursuant to Article 3(1) of that agreement, or the parties to that agreement cease to provisionally apply it, or if that agreement is terminated with respect to Norway or Iceland pursuant to Article 3(3), this Agreement shall terminate with respect to Norway and/or Iceland on the same date that cessation or termination becomes effective for that Party or Parties.

7.   Notwithstanding any other provision of this Article, if Norway and/or Iceland withdraws from the Four Part ATA pursuant to Article 3(2) of that agreement, this Agreement shall terminate as to the Party or Parties withdrawing from the Four Part ATA on the same date withdrawal from the Four Part ATA becomes effective for that Party or Parties.

IN WITNESS WHEREOF the undersigned, being duly authorized, have signed this Agreement.

Done at Brussels in quadruplicate, in the English language, on the twenty-seventh day of August in the year two thousand and nineteen.

For the United States of America:

Image 1

For the European Union:

Image 2

For Iceland:

Image 3

For the Kingdom of Norway:

Image 4

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JOINT DECLARATION

Representatives of the United States, the European Union, Iceland, and Norway confirmed that the Agreement with Respect to Time Limitations on Arrangements for the Provision of Aircraft with Crew, to be signed in English only, is to be authenticated in other languages, as provided by an exchange of letters among the Parties.

This Joint Declaration is an integral part of the Agreement.

For the United States of America:

Image 5

For the European Union:

Image 6

For Iceland:

Image 7

For the Kingdom of Norway:

Image 8

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DECISIONS

| 25.9.2019 | EN | Official Journal of the European Union | L 245/7 |
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25.9.2019

EN

Official Journal of the European Union

L 245/7

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COUNCIL DECISION (EU) 2019/1581

of 16 September 2019

on the submission, on behalf of the European Union, of proposals to amend Appendices I and II to the Convention on the Conservation of Migratory Species of Wild Animals (CMS) with a view to the thirteenth meeting of the Conference of the Parties

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1), in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | The Convention on the Conservation of Migratory Species of Wild Animals (‘the Convention’) was concluded by the Union by means of Council Decision 82/461/EEC (1) and entered into force on 1 November 1983. |
| --- | --- |

(1)

The Convention on the Conservation of Migratory Species of Wild Animals (‘the Convention’) was concluded by the Union by means of Council Decision 82/461/EEC (1) and entered into force on 1 November 1983.

| (2) | Pursuant to Article XI of the Convention, the Conference of the Parties can adopt amendments to Appendices I and II to the Convention. |
| --- | --- |

(2)

Pursuant to Article XI of the Convention, the Conference of the Parties can adopt amendments to Appendices I and II to the Convention.

| (3) | The Conference of the Parties, during its thirteenth meeting, which will take place from 15 to 22 February 2020, may adopt such amendments. The Secretariat of the Convention has informed the Parties to the Convention that any proposals for amendment are to be communicated, in accordance with Article XI(3) of the Convention, by 19 September 2019. The Union may, as a Party to the Convention, make such proposals. |
| --- | --- |

(3)

The Conference of the Parties, during its thirteenth meeting, which will take place from 15 to 22 February 2020, may adopt such amendments. The Secretariat of the Convention has informed the Parties to the Convention that any proposals for amendment are to be communicated, in accordance with Article XI(3) of the Convention, by 19 September 2019. The Union may, as a Party to the Convention, make such proposals.

| (4) | The inclusion of the species Tetrax tetrax in Appendix I to the Convention and the species Tetrax tetrax, Galeorhinus galeus and Sphyrna zygaena in Appendix II to the Convention would be scientifically sound and in line with Union law as well as the Union's commitment to international cooperation for the protection of biodiversity. |
| --- | --- |

(4)

The inclusion of the species Tetrax tetrax in Appendix I to the Convention and the species Tetrax tetrax, Galeorhinus galeus and Sphyrna zygaena in Appendix II to the Convention would be scientifically sound and in line with Union law as well as the Union's commitment to international cooperation for the protection of biodiversity.

| (5) | The Union should therefore submit those proposals to amend Appendices I and II to the Convention. The Commission should communicate the proposals to the Secretariat of the Convention, |
| --- | --- |

(5)

The Union should therefore submit those proposals to amend Appendices I and II to the Convention. The Commission should communicate the proposals to the Secretariat of the Convention,

HAS ADOPTED THIS DECISION:

Article 1

1.   With a view to the thirteenth meeting of the Conference of the Parties to the Convention on the Conservation of Migratory Species of Wild Animals, the Union shall submit the following proposals:

| (a) | amend Appendix I to the Convention to include the species Tetrax tetrax; |
| --- | --- |

(a)

amend Appendix I to the Convention to include the species Tetrax tetrax;

| (b) | amend Appendix II to the Convention to include the species Tetrax tetrax, Galeorhinus galeus and Sphyrna zygaena. |
| --- | --- |

(b)

amend Appendix II to the Convention to include the species Tetrax tetrax, Galeorhinus galeus and Sphyrna zygaena.

2.   The Commission, on behalf of the Union, shall communicate the proposals referred to in paragraph 1 to the Secretariat of the Convention.

Article 2

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

Done at Brussels, 16 September 2019.

For the Council

The President

T. TUPPURAINEN

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(1)  Council Decision 82/461/EEC of 24 June 1982 on the conclusion of the Convention on the conservation of migratory species of wild animals (OJ L 210, 19.7.1982, p. 10).

1

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Corrigenda

| 25.9.2019 | EN | Official Journal of the European Union | L 245/9 |
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25.9.2019

EN

Official Journal of the European Union

L 245/9

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Corrigendum to Council Directive (EU) 2017/2455 of 5 December 2017 amending Directive 2006/112/EC and Directive 2009/132/EC as regards certain value added tax obligations for supplies of services and distance sales of goods

(
  Official Journal of the European Union L 348 of 29 December 2017
  )

On page 13, in point (10) of Article 2:

for:

| ‘(10) | ...






  “(2) | supplies of goods as referred to in Article 33 except where a taxable person is making use of the special scheme in Section 3 of Chapter 6 of Title XII;”’, |
| --- | --- | --- |

‘(10)

“(2)

read:

| ‘(10) | ...






  “(2) | supplies of goods as referred to in point (a) of Article 33 except where a taxable person is making use of the special scheme in Section 3 of Chapter 6 of Title XII;”’. |
| --- | --- | --- |

‘(10)

“(2)

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