COUNCIL DECISION
of 6 April 2009
on the accession of the European Community to the Convention on international interests in mobile equipment and its Protocol on matters specific to aircraft equipment, adopted jointly in Cape Town on 16 November 2001
(2009/370/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 61(c) in conjunction with the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,
Having regard to the proposal from the Commission,
Having regard to the Opinion of the European Parliament (1),
Whereas:
(1)
The Community is working towards the establishment of a common judicial area based on the principle of mutual recognition of judicial decisions.
(2)
The Convention on international interests in mobile equipment (hereinafter referred to as the ‘Cape Town Convention’) and its Protocol on matters specific to aircraft equipment (hereinafter referred to as the ‘Aircraft Protocol’), adopted jointly in Cape Town on 16 November 2001, make a useful contribution to regulation at the international level in their respective areas. It is therefore desirable that the provisions of the two instruments which concern matters falling within the exclusive competence of the Community should be applied as soon as possible.
(3)
The Commission negotiated the Cape Town Convention and the Aircraft Protocol on behalf of the Community, for the parts falling within the exclusive competence of the Community.
(4)
Regional economic integration organisations which have competence over certain matters governed by the Cape Town Convention and the Aircraft Protocol may accede to the said Convention and the said Protocol after their entry into force.
(5)
Some of the matters governed by Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (2), Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings (3) and Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (4) are also dealt with in the Cape Town Convention and the Aircraft Protocol.
(6)
The Community has exclusive competence over some of the matters governed by the Cape Town Convention and the Aircraft Protocol, while the Member States have competence over other matters governed by these two instruments.
(7)
The Community should therefore accede to the Cape Town Convention and the Aircraft Protocol.
(8)
Article 48 of the Cape Town Convention and Article XXVII of the Aircraft Protocol provide that, at the time of accession, a regional economic integration organisation shall make a declaration specifying the matters governed by the said Convention and the said Protocol in respect of which competence has been transferred to that organisation by its Member States. The Community should therefore make such a declaration at the time of accession to the two instruments.
(9)
Article 55 of the Cape Town Convention provides that a Contracting State may declare that it will not apply the provisions of Article 13 or Article 43, or both, wholly or in part. At the time of accession to the said Convention, the Community should make such a declaration.
(10)
Articles X, XI and XII of the Aircraft Protocol apply only where a Contracting State has made a declaration to that effect pursuant to Article XXX of the said Protocol and under the conditions specified by that declaration. At the time of accession to the Aircraft Protocol, the Community should declare that it will not apply Article XII and that it will not be making any declaration pursuant to Article XXX(2) and (3). The competence of the Member States concerning the rules of substantive law as regards insolvency will not be affected.
(11)
The application of Article VIII of the Aircraft Protocol on choice of law is also subject to a declaration which may be made by any Contracting State pursuant to Article XXX(1). At the time of accession to the Aircraft Protocol, the Community should declare that it will not apply Article VIII.
(12)
The United Kingdom will remain bound by the 1980 Rome Convention on the law applicable to contractual obligations (5) until such time as it may be bound by the rules of Regulation (EC) No 593/2008. It is assumed that the United Kingdom, if it accedes to the Aircraft Protocol before such time, at the time of accession will make a declaration pursuant to Article XXX(1), which will not prejudice the application of the rules of the said Regulation.
(13)
The United Kingdom and Ireland are taking part in the adoption and application of this Decision.
(14)
In accordance with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not take part in the adoption of this Decision and is not bound by it or subject to its application,
HAS DECIDED AS FOLLOWS:
Article 1
1. The Convention on international interests in mobile equipment (hereinafter referred to as the ‘Cape Town Convention’) and the Protocol on matters specific to aircraft equipment (hereinafter referred to as the ‘Aircraft Protocol’), adopted jointly in Cape Town on 16 November 2001, are hereby approved on behalf of the European Community.
The texts of the Cape Town Convention and of the Aircraft Protocol are attached to this Decision.
2. In this Decision, ‘Member State’ shall mean all the Member States with the exception of Denmark.
Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to deposit, on behalf of the Community, the instruments referred to in Article 47(4) of the Cape Town Convention and in Article XXVI(4) of the Aircraft Protocol.
Article 3
1. At the time of accession to the Cape Town Convention, the Community shall make the declarations set out in points I of Annexes I and II.
2. At the time of accession to the Aircraft Protocol, the Community shall make the declarations set out in points II of Annexes I and II.
Done at Luxembourg, 6 April 2009.