2004/636/EC: Council Decision of 29 April 2004 on the conclusion by the European Community of the Protocol on the accession of the European Community to the European Organisation for the Safety of Air Navigation
Date: 2004-04-29
Institutions: Council of the European Union
Subjects: Eurocontrol, European Union, accession to an agreement, protocol to an agreement

30.9.2004

EN

Official Journal of the European Union

L 304/209

COUNCIL DECISION

of 29 April 2004

on the conclusion by the European Community of the Protocol on the accession of the European
Community to the European Organisation for the Safety of Air Navigation

(2004/636/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 80(2) thereof, in conjunction
with the first sentence of the first subparagraph of Article
300(2) and the second subparagraph of Article 300(3) thereof,

Having regard to the proposal from the Commission,

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

Whereas:

(1)

(2)

(3)

(4)

(5)

The congestion of airspace and the forthcoming imple-
mentation of the Single European Sky call for urgent
measures to be undertaken at Community level and
within the framework of the European Organisation for
the Safety of Air Navigation (Eurocontrol).

The Community has exclusive competence or compe-
tence shared with its Member States in certain areas
covered by the Eurocontrol
International convention
relating to Cooperation for the Safety of Air Navigation
of 13 December 1960, as variously amended, and as
consolidated by the Protocol opened for signature on 27
June 1997 (the revised Convention). The accession of
the Community to Eurocontrol for the purpose of exer-
cising such competence is permitted under Article 40 of
the revised Convention.

The Commission has negotiated with the Contracting
Parties to Eurocontrol on behalf of the Community a
Protocol on the accession of the European Community
to Eurocontrol (the Protocol).

The Protocol was signed in Brussels on 8 October 2002
on behalf of the Community, subject to its conclusion.

In keeping with the mutual cooperation obligations of
the Community and the Member States, the Community
and the Member States which are members of Eurocon-
trol should simultaneously ratify the Protocol and the

revised Convention in order to ensure the full, uniform
application of the provisions thereof within the Com-
munity.

(6)

The Protocol should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Protocol on the accession of the European Community to
the European Organisation for the Safety of Air Navigation is
hereby approved on behalf of the Community.

The text of the Protocol is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate
the person(s) empowered to deposit the instrument of ratifica-
tion with the Government of the Kingdom of Belgium on
behalf of the Community, in accordance with Article 9(2) of
the Protocol,
together with the declaration of competence
attached to this Decision.

The instrument of ratification of the Protocol by the Com-
munity shall be deposited simultaneously with the instruments
of ratification of the Protocol and of the revised Convention by
all the Member States.

Done at Luxembourg, 29 April 2004.

For the Council

The President

M. McDOWELL

(1) Opinion delivered on 20 April 2004 (not yet published in the Offi-

cial Journal).