on the signing, on behalf of the European Union and its Member States, of the Protocol amending 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 April 25 and 30, 2007, signed by the United States of America and the European Union and its Member States on 24 June 2010, to take account of the accession to the European Union of the Republic of Croatia

EXPLANATORY MEMORANDUM

On 14 November 2019 the Commission presented a proposal for a Council decision, based on Article 218 (5) of the Treaty on the Functioning of the European Union and Article 6 (2), second subparagraph, of the Act of Accession, authorising the signing of a protocol amending the air transport agreement between the United States of America and the European Community and its Member States to take account of the accession to the European Union of the Republic of Croatia.

The end of the transition period for the withdrawal of the United Kingdom from the Union on 31 December 2020 required amendments to the protocol in order to remove from it the references to the United Kingdom. The Commission has therefore negotiated with the United States the necessary amendments to that effect. The delegations representing the Commission and the United States have agreed on the amendments.

It is furthermore necessary to amend Article 2 of the proposed Council decision in order to ensure compliance with the attribution of powers among the institutions under the Treaties, and in particular the Commission’s prerogative under Article 17 of the Treaty on European Union to represent the Union externally.

For these reasons the Commission submits the present amended proposal for the Council decision authorising the signing of the protocol.

2019/0257 (NLE)

Amended proposal for a

COUNCIL DECISION

on the signing, on behalf of the European

Union and its Member States, of the Protocol amending 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 April 25 and 30, 2007, signed by the United States of America and the European Union and its Member States on 24 June 2010, to take account of the accession to the European Union of the Republic of Croatia

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 Act of Accession of Croatia, and in particular Article 6 (2), second subparagraph, thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)The Commission has negotiated a Protocol amending 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 April 25 and 30, 2007, signed by the United States of America and the European Union and its Member States on 24 June 2010, to take account of the accession to the European Union of the Republic of Croatia (“the Protocol”), in accordance with Council Decision 13351/12 of 14 September 2012 authorising the Commission to open negotiations.

(2)The negotiations were successfully concluded by the initialling of the Protocol on 8 March 2019.

(3)The Protocol should be signed and applied provisionally by the Union and its Member States in accordance with Article 4 thereof, subject to its conclusion at a later date.

HAS ADOPTED THIS DECISION:

Article 1