Proposal for a COUNCIL DECISION on the conclusion of the Agreement providing a general framework for enhanced cooperation between the European Union and the European Organisation for the Safety of Air Navigation
Date: 2012-08-02
Institutions: European Commission
Subjects: Eurocontrol, air safety, cooperation agreement (EU), interim agreement (EU)

EUROPEAN COMMISSION 

Brussels, 2.8.2012  
COM(2012) 439 final 

2012/0213 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement providing a general framework for enhanced 
cooperation between the European Union and the European Organisation for the Safety 
of Air Navigation 

(Text with EEA relevance) 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

On 6 October 2011, the Council granted a mandate to the Commission authorising it to open 
negotiations with the European Organisation for the Safety of Air Navigation (Eurocontrol) in 
order  to  conclude  a  cooperation  agreement  between  the  European  Union  (EU)  and 
Eurocontrol. The Agreement should acknowledge the principles of the Single European Sky 
(SES),  notably  the  role  of  the  EU  as  the  single  regulator  for  air  traffic  management  (ATM) 
and  the  use  of  the  technical  expertise  of  Eurocontrol  to  help  the  EU  to  deliver  ATM 
improvements in Europe in accordance with the SES legal framework and to support the EU 
in the implementation and development of the SES and other related policies (environment, 
climate  change  and  research).  The  Agreement  should  also  facilitate  further  institutional 
reform  of  Eurocontrol,  for  example,  in  establishing  a  new  relationship  between  Eurocontrol 
and the European Aviation Safety Agency (EASA), and provide a framework for potentially 
sensitive issues such as pan-European civil-military cooperation. 

Based  on  the  negotiating  directives  of  the  mandate,  a  draft  Agreement  was  initialled  by  the 
two parties on 24 April 2012. 

The  proposed  draft  Agreement  defines  the  terms  and  conditions  of  enhanced  cooperation 
between the EU and Eurocontrol to support the EU in the implementation and development of 
ATM  in  accordance  with  the  SES  legal  framework  and  related  EU  policies.  The  objectives 
are: to contribute to timely and consistent implementation of the SES within the EU and with 
States that agree to be bound by the SES; to facilitate the necessary civil-military cooperation 
on  ATM  in  the  SES  and  the  use  of  Eurocontrol  expertise  in  these  areas;  to  facilitate  the 
involvement of non-EU Member States in the SES. In addition, the draft Agreement aims to 
ensure synergies and avoid duplication of EASA’s work  in safety-related  ATM  matters  and 
environmental issues and to consider Eurocontrol’s pan-European dimension. 

The proposed draft Agreement lists the areas of cooperation concerning the implementation of 
SES, SESAR and other related EU policies that will be defined further in separate annexes to 
the Agreement. 

The  proposed  draft  Agreement  defines  the  forms  and  mechanisms  of  cooperation  and 
coordination  between  the  parties  including  the  stakeholder  consultation  processes.  A  Joint 
Committee set up by the Agreement will be responsible for its management and functioning. 
In addition, the funding of the activities is defined in accordance with the rules applicable to 
the parties’ respective budgets. 

The Commission proposes to the Council to adopt: 

• 

• 

a  decision  authorising  signature  of  the  Agreement  and  its  provisional  application 
before entry into force; 

once  this  first  decision  has  been  adopted,  a  further  decision  to  conclude  the 
Agreement with a view to its entry into force based on the consent of the European 
Parliament. 

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2. 

LEGAL ELEMENTS OF THE PROPOSAL 

The proposed Council Decisions are both based on Article 100, paragraph 2 of the Treaty on 
the  Functioning  of  the  European  Union  (TFEU).  In  addition  the  Council  Decision  on  the 
signing and provisional application of the Agreement is based on Article 218, paragraph 5 of 
the TFEU, while the Council Decision on the conclusion is based on Article 218, paragraph 6. 

The  Agreement  on  enhanced  cooperation  between  the  EU  and  Eurocontrol  is  an  efficient 
binding legal instrument that fosters technical cooperation between both parties. It establishes 
a general framework that allows cooperative activities to be set up in the field of ATM and 
related  policies.  The  proposed  agreement  does  not  impose  any  additional  administrative  or 
financial burden on Member States’ authorities. 

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2012/0213 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement providing a general framework for enhanced 
cooperation between the European Union and the European Organisation for the Safety 
of Air Navigation 

(Text with EEA relevance) 

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 point (a) of Article 218(6) thereof, 

Having regard to the proposal from the European Commission, 

Having regard to the consent of the European Parliament1, 

Whereas: 

(1) 

The  European  Commission  has  negotiated  on  behalf  of  the  Union  the  Agreement 
providing a general framework for enhanced cooperation between the European Union 
and  the  European  Organisation  for  the  Safety  of  Air  Navigation  (hereinafter  ‘the 
Agreement’). 

(2) 

The Agreement was signed on (…) subject to its conclusion at a later date. 

(3) 

The Agreement should be approved by the Union. 

(4) 

It is necessary to lay down procedural arrangements for the participation of the Union 
in the Joint Committee established by the Agreement, 

HAS ADOPTED THIS DECISION: 

Article 1 

The  Agreement  providing  a  general  framework  for  enhanced  cooperation  between  the 
European  Union  and  the  European  Organisation  for  the  Safety  of  Air  Navigation  is  hereby 
approved on behalf of the Union. 

1 

OJ C , , p. . 

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The text of the Agreement is attached to this Decision. 

Article 2 

The President of the Council shall designate the person(s) empowered to make, on behalf of 
the Union, the notification provided for in Article 13, 2 of the Agreement, in order to express 
the consent of the Union to be bound by the Agreement. 

The Union shall be represented by the Commission in the Joint Committee established under 
Article 7 of the Agreement. 

Article 3 

Article 4 

1. The Commission, after consultation with the Special Committee appointed by the Council, 
shall determine the position to be taken by the Union in the Joint Committee, including with 
respect to the adoption of Annexes to the Agreement and amendments of such Annexes.. 

.  

2. The Commission may take any appropriate action under Articles 5, 6, 8, 9, 10 and 11 of the 
Agreement. 

The Commission shall regularly inform the Council of the implementation of the Agreement. 

Article 5 

Article 6 

This Decision shall enter into force on the day following that of its publication in the Official 
Journal of the European Union. 

Done at Brussels,  

For the Council 
The President 

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