Amended proposal for a COUNCIL DECISION on the conclusion 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
Date: 2015-10-13
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: United States, aeronautical industry, agreement (EU), air transport, bilateral agreement, revision of an agreement

EUROPEAN 
COMMISSION 

Brussels, 13.10.2015  
COM(2015) 491 final 

2006/0058 (CNS) 

Amended proposal for a 

COUNCIL DECISION 

on the conclusion 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 

EN 

   EN 

 
 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

On 25 and 30 April 2007, the European Community and its Member States, of the one part, 
and the United States of America, of the other part, signed an Air Transport Agreement (‘the 
EU/USA Air Transport Agreement’). That agreement was intended, inter alia, to facilitate the 
expansion  of  international  air  transport  opportunities  by  opening  access  to  markets  and 
maximising  benefits  for  consumers,  airlines,  workers  and  communities  on  both  sides  of  the 
Atlantic ocean. 

As regards the EU side, both the Union and its Member States are Parties to this Agreement. 
The ratification process has been completed by the Member States in 2014. The Republic of 
Croatia  will  accede  to  the  Agreement  in  accordance  with  the  procedure  provided  for  in  the 
Act concerning the conditions of accession of Croatia to the EU. 
The  proposal  at  issue  modifies  the  initial  proposal  of  the  Commission  (2006/0058  (CNS))1, 
with a view notably to take account of the entry into force of the Treaty of Lisbon. In order to 
ease  examination  by  the  Council,  the  whole  of  the  relevant  text  is  submitted  as  amended 
proposal. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS  

Not applicable 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

Not applicable 

4. 

BUDGETARY IMPLICATION  

Not applicable 

1 

http://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1427727730466&uri=CELEX:52006PC0169(02) 

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2 

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2006/0058 (CNS) 

Amended proposal for a 

COUNCIL DECISION 

on the conclusion 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 

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(6)(a) thereof, 

Having regard to the proposal from the European Commission, 
Having regard to the consent of the European Parliament2,  

Whereas: 

(1) 

The  Commission  has  negotiated  on  behalf  of  the  European  Community  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 signed on 25 and 30 April 2007. It should be approved on behalf 
of the Union. 

HAS ADOPTED THIS DECISION:  

1. 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 Union. 

Article 1 

2. The President of the Council shall designate the person(s) empowered to deposit, on behalf 
of  the  European  Union,  the  instrument  of  approval  provided  for  in  Article  26  of  the 
Agreement in order to express the consent of the Union to be bound by the Agreement and 
shall make the following notification:  

'As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, 
the European Union has replaced and succeeded the European Community and from that date 
exercises  all  rights  and  assumes  all  obligations  of  the  European  Community.  Therefore, 
references to "the European Community” in the text of the Agreement are, where appropriate, 
to be read as to “the European Union".' 

2 

OJ C 81 E/01 of 15.03.2011. 

EN 

Article 2 

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1. The Union shall be represented in the Joint Committee established under Article 18 of the 
Agreement by the Commission. 

2. The position to be taken by the Union within the Joint Committee as regards matters falling 
within Articles 14 and 20 of the Agreement shall be adopted by the Commission, following 
consultation with a Special Committee appointed by the Council. 

This Decision shall enter into force on the date of its adoption. 

Article 3 

Done at Brussels, 

For the Council 
The President 

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