EN Official Journal of the European Union L 332/136

COUNCIL DECISION (EU) 2015/2394

of 8 December 2015

on the position to be taken by the Member States on behalf of the European Union, concerning the decisions to be adopted by the Permanent Commission of Eurocontrol, with regard to the roles and tasks of Eurocontrol and on centralised services

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2) and Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) The Permanent Commission of Eurocontrol (‘the Permanent Commission’), by its Decision No 123 of 4 December 2013, established a Study Group to investigate in what manner the Eurocontrol International Convention relating to Cooperation for the Safety of Air Navigation of 13 December 1960 (‘the Eurocontrol Convention’) may require amendment in order to reflect the evolving air traffic management landscape in Europe.

(2) On 19 October 2015 the Study Group tasked the Eurocontrol Agency with preparing a draft Permanent Commission Act defining the future roles and tasks of Eurocontrol.

(3) A draft decision of the Permanent Commission regarding the roles and tasks of Eurocontrol will be on its agenda for approval at its meeting on 8 and 9 December 2015.

(4) Once adopted, that decision will have legal effects. According to the applicable institutional framework, set out in the Eurocontrol Convention, as amended by the Protocol signed at Brussels on 12 February 1981 (‘the Amended Convention’), the Permanent Commission is in charge of formulating Eurocontrol's general policy. The definition of the roles and tasks will govern Eurocontrol's future action and will necessarily reflect what Eurocontrol considers as legitimate activity. It will be binding on all Eurocontrol Members, including Member States of the Union.

(5) The definition of the roles and tasks of Eurocontrol may have consequences with regard to the application of Union law and, in particular, the integrity of Union competences, given that Union legislation covers important areas in which Eurocontrol is active. In some cases, Eurocontrol's role and activity depend on decisions taken at Union level.

(6) It is therefore important to ensure that the definition of Eurocontrol's roles and tasks does not conflict with Union law, in particular Union competences, and that it does not prejudge future Union action.

(7) At its meeting on 8 and 9 December 2015, the Permanent Commission may also adopt a decision on centralised services. The Union is not currently in possession of sufficient information to evaluate the substance of such a decision, which may prejudge future activity conducted by Eurocontrol and in a manner that may be detrimental to the Union's activity in this field, in particular as regards Single European Sky Air Traffic Management Research (SESAR). A decision on this matter should thus be postponed.

(8) The position to be taken on the Union's behalf within the Permanent Commission should therefore be established,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken by the Member States on behalf of the European Union in the Permanent Commission of Eurocontrol concerning the roles and tasks of Eurocontrol and centralised services shall be in accordance with the Annex.

The Member States shall act jointly in the interest of the Union.

Article 2

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

Done at Brussels, 8 December 2015. For the Council The President P. GRAMEGNA