2007/339/EC: Decision of the Council and the Representatives of the Governments of the Member States of the European Union, meeting within the Council of 25 April 2007 on the signature and provisional application of the Air Transport Agreement between the European Community and its Member States, on the one hand, and the United States of America, on the other hand
Date: 2007-04-25
Institutions: Council of the European Union
Subjects: EU Member State, United States, agreement (EU), air law, air safety, air space, air traffic, air traffic control, air transport

25.5.2007

EN

Official Journal of the European Union

L 134/1

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)

II

DECISIONS

COUNCIL

DECISION OF THE COUNCIL AND THE REPRESENTATIVES OF THE GOVERNMENTS OF THE
MEMBER STATES OF THE EUROPEAN UNION, MEETING WITHIN THE COUNCIL

on the signature and provisional application of the Air Transport Agreement between the European
Community and its Member States, on the one hand, and the United States of America, on the other
hand

of 25 April 2007

(2007/339/EC)

THE COUNCIL OF THE EUROPEAN UNION AND THE REPRESENTA-
TIVES OF THE GOVERNMENTS OF THE MEMBER STATES MEETING
WITHIN THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission,

necessary to lay down procedural arrangements for the
participation of the Community and the Member States
in the Joint Committee set up under Article 18 of the
Agreement and in the arbitration procedures provided in
Article 19 of the Agreement, as well as for implementing
certain provisions of the Agreement, including those con-
cerning security, safety, the granting and revocation of
traffic rights and government support,

Whereas:

HAVE DECIDED AS FOLLOWS:

(1)

The Commission has negotiated, on behalf of the Com-
munity and of the Member States, an Agreement on Air
Transport with the United States of America (hereinafter,
the ‘Agreement’) in accordance with the Council Decision
authorising the Commission to open negotiations.

(2)

The Agreement was initialled on 2 March 2007.

The Agreement negotiated by the Commission should be
signed and applied provisionally by the Community and
the Member States, subject to its possible conclusion at a
later date.

(3)

(4)

Article 1

Signature and provisional application

1.
The signing of the Air Transport Agreement between the
European Community and its Member States, of the one part,
and the United States of America, of the other part, (hereinafter,
the Agreement), is hereby approved on behalf of the Commu-
nity, subject to a Council Decision concerning the conclusion of
the Agreement. The text of the Agreement is attached to this
Decision.

It is necessary to lay down procedural arrangements for
deciding, if appropriate, how to discontinue the provi-
sional application of the Agreement and suspend rights
pursuant to Article 21(3) of the Agreement. It is also

2.
The President of the Council is hereby authorised to desig-
nate the person(s) empowered to sign the Agreement on behalf
of the Community, subject to its conclusion.

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25.5.2007

Pending its entry into force, the Agreement shall be applied
3.
on a provisional basis by the Community and its Member States,
in accordance with the
law,
from 30 March 2008. This shall be confirmed on the occasion
of the signing of the Agreement with the United States of
America.

application of national

For other Joint Committee decisions concerning matters
3.
that fall within Community competence, the position to be taken
by the Community and its Member States shall be adopted by
the Council, acting by qualified majority, on a proposal from the
Commission.

4.
A decision to discontinue the provisional application of the
Agreement and give notice thereof to the United States of
America in accordance with Article 25(2) of the Agreement, and
a decision to withdraw such notice, shall be taken by the Coun-
cil, on behalf of the Community and of the Member States, act-
ing unanimously in accordance with the relevant Treaty
provisions.

Article 2

Suspension of traffic rights

1.
If no second stage agreement has been reached within 12
months of the start of the review provided in Article 21(3) of
the Agreement, any Member State may, within the following
15 days, notify to the Commission which traffic rights in rela-
tion to its territory, if any, it wishes to suspend. Such traffic rights
may not include any rights specified in the agreements men-
tioned in Annex I to the Agreement.

2.
On the basis of the notifications received from the Mem-
ber States, the Commission shall establish a list of the traffic
rights to be suspended and transmit it to the Council. The Presi-
dent of the Council, acting on behalf of the Community and its
Member States, shall then give notice to the United States of
America of the suspension of the traffic rights included in the
list in accordance with Article 21(3) of the Agreement. The Mem-
ber States concerned shall take the necessary measures in order
to suspend such rights from the first day of the International Air
Transport Association (IATA) traffic season that commences no
less than 12 months after the date on which the notice of sus-
pension is given.

3.
Notwithstanding paragraph 2 of this Article, the Council,
acting by unanimity on a proposal from the Commission, may
decide not to give notice of suspension or subsequently to with-
draw it.

Article 3

Joint Committee

The Community and the Member States shall be repre-
1.
sented in the Joint Committee established under Article 18 of the
Agreement by representatives of the Commission and of the
Member States.

2.
The position to be taken by the Community and its Mem-
ber States within the Joint Committee as regards matters falling
within Articles 14 or 20 of the Agreement or matters that do
not require the adoption of a decision having legal effects shall
be adopted by the Commission.

4.
For other Joint Committee decisions concerning matters
that fall within Member States’ competence, the position to be
taken by the Community and its Member States shall be adopted
by the Council, acting by unanimity, on a proposal from the
Commission or from Member States.

5.
The position of the Community and of the Member States
within the Joint Committee shall be presented by the Commis-
sion, except in areas that fall exclusively within Member States’
competence, in which case it shall be presented by the Presidency
of the Council or, if the Council so decides, by the Commission.

Article 4

Arbitration

The Commission shall represent the Community and the
1.
Member States in arbitration proceedings under Article 19 of the
Agreement.

The decision to suspend the application of benefits pursu-
2.
ant to Article 19(7) of the Agreement shall be taken by the Coun-
cil on the basis of a Commission proposal. The Council shall
decide by qualified majority.

3.
Any other appropriate action to be taken under Article 19
of the Agreement on matters which fall within the Community
competence shall be decided upon by the Commission, with the
assistance of a Special Committee of representatives of the Mem-
ber States appointed by the Council.

Article 5

Information to the Commission

1. Member States shall promptly inform the Commission of
any decision to refuse, revoke, suspend or limit the authorisa-
tions of an airline of the United States of America that they have
adopted under Articles 4 or 5 of the Agreement.

2. Member States shall inform the Commission immediately
of any requests or notifications made or received by them under
Article 8 of the Agreement.

3. Member States shall inform the Commission immediately
of any requests or notifications made or received by them under
Article 9 of the Agreement.

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Article 6

Government subsidies and support

2. Member States shall inform the Commission immediately
when they are contacted by the United States of America under
Article 14(3) of the Agreement.

1.
Should a Member State believe that a subsidy or support
being considered or provided by a governmental entity in the ter-
ritory of the United States of America will have the adverse com-
petitive effects referred to in Article 14(2) of the Agreement, it
shall bring the matter to the attention of the Commission, which
may approach such entity or request a meeting of the Joint Com-
mittee established under Article 18 of the Agreement.

Done at Luxembourg, 25 April 2007.

For the Council
The President
W. TIEFENSEE