Amended proposal for a COUNCIL DECISION on the conclusion of the Multilateral Agreement between the European Community and its Member States, the Republic of Albania, Bosnia and Herzegovina, the Republic of Bulgaria, the Republic of Croatia, the former Yugoslav Republic of Macedonia, the Republic of Iceland, the Republic of Montenegro, the Kingdom of Norway, Romania, the Republic of Serbia and the United Nations Interim Administration Mission in Kosovo on the establishment of a European Common Aviation Area (ECAA)
Date: 2015-11-23
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: European cooperation, Iceland, Norway, Western Balkans, air space, air transport, multilateral agreement, ratification of an agreement

EUROPEAN 
COMMISSION 

Brussels, 23.11.2015  
COM(2015) 575 final 

2006/0036 (NLE) 

Amended proposal for a 

COUNCIL DECISION 

on the conclusion of the Multilateral Agreement between the European Community and 
its Member States, the Republic of Albania, Bosnia and Herzegovina, the Republic of 
Bulgaria, the Republic of Croatia, the former Yugoslav Republic of Macedonia, the 
Republic of Iceland, the Republic of Montenegro, the Kingdom of Norway, Romania, 
the Republic of Serbia and the United Nations Interim Administration Mission in 
Kosovo1 on the establishment of a European Common Aviation Area (ECAA)  

1 

Pursuant to UN Security Council Resolution 1244 of 10 June 1999. 

EN 

   EN 

 
 
 
  
                                                 
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

The  Commission  has  negotiated,  on  behalf  of  the  Union,  a  Multilateral  Agreement  on  the 
establishment  of  a  European  Common  Aviation  Area  (ECAA)  between  the  European 
Community and its Member States and  the Republic of Albania, Bosnia and Herzegovina, the 
Republic of Bulgaria, the Republic of Croatia, the former Yugoslav Republic of Macedonia, 
the Republic of Iceland, the Republic of Montenegro, the Kingdom of Norway, Romania, the 
Republic  of  Serbia  and  the  United  Nations  Interim  Administration  Mission  in  Kosovo1, 
pursuant to a decision of the Council authorising the opening of negotiations on 10 December 
2004. 

The ECAA Agreement was signed on behalf of the Community on 9 June 2006, subject to its 
conclusion at a later date, in accordance with Decision 2006/682/EC of the Council and of the 
Representatives  of  the  Member  States  of  the  European  Union  meeting  within  the  Council2, 
which authorized its signature and provisional application. 

As regards the EU side, both the Union and its Member States are Parties to this Agreement. 
The ratification process has been completed by all Member States on 23 January 2014. 

The proposal at issue modifies the initial proposal of the Commission (under COM (2006)113 
Final), which was adopted on 14 March 2006 and subsequently submitted to the Council, 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 
2 

Pursuant to UN Security Council Resolution 1244 of 10 June 1999. 
OJ L 285 of 16.10.2006, p. 1. 

EN 

2 

   EN 

                                                 
2006/0036 (NLE) 

Amended proposal for a 

COUNCIL DECISION 

on the conclusion of the Multilateral Agreement between the European Community and 
its Member States, the Republic of Albania, Bosnia and Herzegovina, the Republic of 
Bulgaria, the Republic of Croatia, the former Yugoslav Republic of Macedonia, the 
Republic of Iceland, the Republic of Montenegro, the Kingdom of Norway, Romania, 
the Republic of Serbia and the United Nations Interim Administration Mission in 
Kosovo3 on the establishment of a European Common Aviation Area (ECAA)  

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 Parliament4,  

Whereas: 

(1) 

(2) 

The Commission has negotiated on behalf of the European Community a Multilateral 
Agreement between the European Community and its Member States, the Republic of 
Albania, Bosnia and Herzegovina, the Republic of Bulgaria, the Republic of Croatia, 
the former Yugoslav Republic of Macedonia, the Republic of Iceland, the Republic of 
Montenegro,  the  Kingdom  of  Norway,  Romania,  the  Republic  of  Serbia  and  the 
United Nations Interim Administration Mission in Kosovo5 on the establishment of a 
European Common Aviation Area (ECAA). 

This Agreement was signed on behalf of the Community on 9 June 2006, subject to its 
conclusion  at  a  later  date,  in  accordance  with  Decision  2006/682/EC  of  the  Council 
and  of  the  Representatives  of  the  Member  States  of  the  European  Union  meeting 
within the Council6, 

(3)  With  their  respective  accession  and  in  accordance  with  Article  31  (2)  of  the 
Agreement,  the  Republic  of  Bulgaria,  Romania,  as  well  as  the  Republic  of  Croatia 
have become EU Member States and therefore ceased to be Associated Parties under 
this Agreement, 

(4) 

This Agreement should be approved on behalf of the Union, 

3 
4 
5 
6 

Pursuant to UN Security Council Resolution 1244 of 10 June 1999. 
OJ C 81 E/01 of 15.03.2011. 
Pursuant to UN Security Council Resolution 1244 of 10 June 1999. 
OJ L 285 of 16.10.2006, p. 1. 

EN 

3 

   EN 

                                                 
HAS ADOPTED THIS DECISION:  

Article 1 

1. The Multilateral Agreement between the European Community and its Member States, the 
Republic  of  Albania,  Bosnia  and  Herzegovina,  the  Republic  of  Bulgaria,  the  Republic  of 
Croatia, the former Yugoslav Republic of Macedonia, the Republic of Iceland, the Republic 
of  Montenegro,  the  Kingdom  of  Norway,  Romania,  the  Republic  of  Serbia  and  the  United 
Nations  Interim  Administration  Mission  in  Kosovo  on  the  establishment  of  a  European 
Common Aviation Area (ECAA), hereinafter 'the Agreement', is hereby approved on behalf 
of the Union. 

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  29  (2)  of  the 
Agreement in order to express the consent of the Union to be bound by the Agreement and 
shall make the following notification:  

‘1. 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.  With  their  respective  accession  and  in  accordance  with  Article  31  (2)  of  the 
Agreement, the Republic of Bulgaria, Romania, as well the Republic of Croatia have become 
European Union Member States and ceased to be Associated Parties under this Agreement”. 

Article 2 

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

2. The position to be taken by the Union  as regards  decisions  of  the  Joint  Committee  under 
Article 17 of the Agreement regarding merely the inclusion of Union legislation into Annex I 
subject  to  any  technical  adjustments  needed,  shall  be  adopted  by  the 
to the Agreement,  
Commission. 

Article 3 

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

EN 

4 

   EN 

 
 
 
 
 
Done at Brussels, 

For the Council 
The President 

EN 

5 

   EN