EUROPEAN COMMISSION Brussels, 11.12.2020 COM(2020) 794 final 2020/0352(NLE) Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union within the Joint Committee established by 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



EXPLANATORY MEMORANDUM 1.Subject-matter of the proposal This proposal concerns a decision establishing the position to be taken on the Union's behalf in the Joint Committee established by 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 (‘the Agreement’). 2.Context of the proposal 2.1.The Euro-Mediteraanean Aviation Agreement between the European Community and its Member States, of the one part, and the Kingdom of Morocco of the other part The Agreement aims at favouring a gradual opening of market access and harmonising legislations in order to come closer to the EU rules, including in the areas of safety, air traffic management, economic regulation, consumer protection and the environment. The rules should be based on the relevant legislation in force within the European Union, as laid down in Annex VI to this Agreement. The Agreement entered into force on 19 March 2018. 2.2.The Joint Committee A Joint Committee is set up by Article 22 of the Agreement. The Joint Committee shall be responsible for the administration of the Agreement and shall ensure its proper implementation. For this purpose it shall cooperate in a range of areas and shall make recommendations and take decisions where expressly provided by the Agreement. Its main tasks are to cooperate by: (a) fostering expert-level exchanges on new legislative or regulatory initiatives and developments, including in the fields of security, safety, the environment, aviation infrastructure (including slots), and consumer protection; (b) regularly examining the social effects of the Agreement as it is implemented, notably in the area of employment and developing appropriate responses to concerns found to be legitimate; (c) considering potential areas for the further development of the Agreement, including the recommendation of amendments to the Agreement. Additionally, in accordance with Article 5 (Investment) of the Agreement, the Joint Committee shall examine questions relating to bilateral investments of majority ownership, or changes in the effective control of air carriers of the Parties. Under Article 22(6) of the Agreement, the Joint Committee shall adopt, by decision, its rules of procedure. 2.3.The envisaged act of the Joint Committee During its first meeting, the Joint Committee is to adopt a decision regarding the adoption of the rules of procedure of the Joint Committee (‘the envisaged act’). The purpose of the envisaged act is to adopt, in accordance with Article 22(6) of the Agreement, the rules of procedure underpinning the organisation and functionning of the Joint Committee to allow for the proper implementation of the Agreement. 3.Position to be taken on behalf of the Union The position to be adopted on behalf of the Union should be to support the adoption of the rules of procedure of the Joint Committee established by the Agreement. The position should be based on the draft decision of the Joint Committee annexed to the proposed Council decision. 4.Legal basis

4.1.Procedural legal basis 4.1.1.Principles Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by an agreement, when that body is called upon to adopt acts having legal effects, with the exception of acts supplementing or amending the institutional framework of the agreement.’ The concept of ‘acts having legal effects’ includes acts that have legal effects by virtue of the rules of international law governing the body in question. It also includes instruments that do not have a binding effect under international law, but that are ‘capable of decisively influencing the content of the legislation adopted by the EU legislature’. 4.1.2.Application to the present case The Joint Committee is a body set up by an agreement, namely in this case 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. The act which the Joint Committee is called upon to adopt is an act having legal effects, since it will be binding under international law on the Parties. The envisaged act does not supplement or amend the institutional framework of the Agreement. In the light of that, the procedural legal basis for the proposed decision is Article 218(9) TFEU. 4.2.Substantive legal basis 4.2.1.Principles The substantive legal basis for a decision under Article 218(9) TFEU depends primarily on the objective and content of the envisaged act in respect of which a position is taken on the Union's behalf. If the envisaged act pursues two aims or has two components and if one of those aims or components is identifiable as the main one, whereas the other is merely incidental, the decision under Article 218(9) TFEU must be founded on a single substantive legal basis, namely that required by the main or predominant aim or component. 4.2.2.Application to the present case The main objective and content of the envisaged act relate to air transport. Therefore, the substantive legal basis of the proposed decision is Article 100(2) TFEU. 4.3.Conclusion The legal basis of the proposed decision should be Article 100(2) TFEU, in conjunction with Article 218(9) TFEU. 5.publication of the envisaged act As the act of the Joint Committee will set out its rules of procedure, it is appropriate to publish it in the Official Journal of the European Union after its adoption.





2020/0352 (NLE) Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union within the Joint Committee established by 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 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(9) thereof, Having regard to the proposal from the European Commission, Whereas: (1)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 (‘the Agreement’) was concluded by the Union by means of Council Decision (EU) 2018/146 and entered into force on 19 March 2018. (2)Article 22 of the Agreement establishes a Joint Committee to ensure the administration and proper implementation of the Agreement. (3)Article 22(6) of the Agreement provides that the Joint Committee shall adopt its rules of procedure. (4)In order to ensure the proper implementation of the Agreement, the Joint Committee’s rules of procedure should be adopted. (5)It is appropriate to establish the position to be taken on the Union’s behalf in the Joint Committee, since the decision of the Joint Committee adopting its rules of procedure will be binding on the Union. The position of the Union within the Joint Committee should be based on the draft Joint Committee Decision attached to this Decision. HAS ADOPTED THIS DECISION: Article 1 The position to be taken on behalf of the Union in the first meeting of the Joint Committee set up by Article 22 of 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, in relation to the adoption of the rules of procedure of the Joint Committee, shall be based on the draft Decision of the Joint Committee attached to this Decision. Minor changes to the draft Decision of the Joint Committee may be agreed to by the representatives of the Union within the Joint Committee without a further Council Decision. Article 2 This Decision is addressed to the Commission.