COUNCIL DECISION (EU) 2020/963

of 26 June 2020

on the conclusion 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 Bulgaria and Romania

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2) thereof in conjunction with Article 218(6)(a) and the first subparagraph of Article 218(8) thereof,

Having regard to the Act of Accession of the Republic of Bulgaria and Romania to the European Union, and in particular Article 6(2) thereof,

Having regard to the proposal from the European Commission,

Having regard to the consent of the European Parliament (1),

Whereas:

(1) On 5 December 2004, the Council authorised the Commission to negotiate a Euro-Mediterranean Aviation Agreement between the European Community and its Member States and the Kingdom of Morocco.

(2) 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 (2) (‘the Agreement’) was signed in Brussels on 12 December 2006.

(3) The Treaty concerning the Accession of the Republic of Bulgaria and Romania to the European Union was signed in Luxembourg on 25 April 2005 and entered into force on 1 January 2007.

(4) A Protocol amending the Agreement is necessary in order to take account of the accession of the Republic of Bulgaria and Romania to the European Union.

(5) The Protocol was signed on 18 June 2012.

(6) As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community.

(7) The Protocol should be approved,

HAS ADOPTED THIS DECISION:

Article 1 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 to the European Union of the Republic of Bulgaria and Romania (‘the Protocol’) is hereby approved on behalf of the European Union and its Member States (3).

Article 2 The President of the Council shall, on behalf of the Union and its Member States, give the notification provided for in Article 4 of the Protocol (4), and make the following declaration: ‘As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community and from that date exercises all rights and assumes all obligations of the European Community. Therefore, references to “the European Community” or to “the Community” in the text of the Agreement and the Protocol are, where appropriate, to be read as to “the European Union” or to “the Union”.’.

Article 3 This Decision shall enter into force on the date of its adoption.

Done at Brussels, 26 June 2020. For the Council The President A. METELKO-ZGOMBIĆ

(1) Consent of 17 June 2020 (not yet published in the Official Journal).

(2) OJ L 386, 29.12.2006, p. 57.

(3) The text of the Protocol has been published in OJ L 200, 27.7.2012, p. 25, together with the decision on the signing and provisional application.

(4) The date of entry into force of the Protocol will be published in the Official Journal of the European Union by the General Secretariat of the Council.