Amended proposal for a COUNCIL DECISION on the conclusion, on behalf of the Union, of the Air Transport Agreement between the European Community and its Member States, of the one part, and Canada, of the other part.
Date: 2018-01-10
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: Canada, EU Member State, agreement (EU), air safety, air space, air traffic control, air transport, bilateral agreement, revision of an agreement

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   EUROPEAN COMMISSION  Brussels, 10.1.2018  COM(2018) 4 final 2009/0018 (NLE)  Amended proposal for a COUNCIL DECISION on the conclusion, on behalf of the Union, of the Air Transport Agreement between the European Community and its Member States, of the one part, and Canada, of the other part.  
 
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

The  Commission  has  negotiated,  on  behalf  of  the  European  Community  and  its  Member 
States  an  Air  Transport  Agreement  with  Canada  (hereinafter  the  Agreement)  in  accordance 
with the Council Decision authorising the Commission to open negotiations.  On 17 and 18 
December  2009,  the  European  Community  and  its  Member  States,  of  the  one  part,  and 
Canada, of the other part, signed the Agreement that 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 all Member States on 25 October 2016, except 
for  the  Republic  of  Croatia.  It  is  intended  that  the  Republic  of  Croatia  will  accede  to  the 
Agreement in accordance with the procedure provided for in the Act of accession annexed to 
the Treaty of Accession of 5 December 2011. 

With  a  view  notably  to  take  account  of  the  entry  into  force  of  the  Treaty  of  Lisbon,  and 
following the judgement of the European Court of Justice of 28 April 2015 in Case C-28/12, 
this  proposal  modifies  the  intial  proposal  of  the  Commission  (under  COM(2009)62  final), 
which was adopted on 17 February 2009 and subsequently submitted to the Council. In order 
to  ease  the  examination  by  the  Council,  the  whole  of  the  relevant  text  is  submitted  as  an 
amended proposal. 

2. 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Not applicable 

3. 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Not applicable 

4. 

BUDGETARY IMPLICATIONS 

Not applicable 

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

Not applicable 

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2009/0018 (NLE) 

Amended proposal for a 

COUNCIL DECISION 

on the conclusion, on behalf of the Union, of the Air Transport Agreement between the 
European Community and its Member States, of the one part, and Canada, 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 opinion consent of the European Parliament1,  

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

The  Commission  has  negotiated  on  behalf  of  the  European  Community  and  its  
Member  States,  an  Agreement  on  Air  Transport  with  Canada  (hereinafter,  the 
"Agreement")  in  accordance  with the Council Decision authorising the  Commission 
to open negotiations. 

The Agreement was signed on 17 and 18 December  2009, subject to its conclusion at 
a  later  date,  in  accordance  with  Decision  2010/417/EC  of  the  Council  and  of  the 
Representatives  of  the  Member  States  of  the  European  Union  meeting  within  the 
Council.2  

The  Agreement  has  been  ratified  by  all  Member  States,  except  for  the  Republic  of 
Croatia.  It  is  intended  that  the  Republic  of  Croatia  will  accede  to  the  Agreement  in 
accordance  with  Article  6(2)  of  the  Act  of  Accession  annexed  to  the  Treaty  of 
accession of 5 December 2011. 

The Agreement should now be approved on behalf of the Union. 

Articles 3 and 4 of Decision 2010/417/EC contain provisions on decision making and 
representation with regard to various matters set out in the agreement. In view of the 
judgement  of  the  European  Court  of  Justice  of  28  April  2015  in  case  C-28/12,  the 
application of those provisions should be discontinued. Having regard to the Treaties, 
new provisions on those matters are not necessary, nor are provisions on information 
obligations  of  the  Member  States,  such  as  those  set  out  in  Article  5  of  Decision 
2010/417/EC.  Consequently,  Articles  3,  4  and  5  of  Decision  2010/417/EUC  should 
cease to apply at the date of entry into force of this Decision. 

1 
2 

OJ C , , p. . 
OJ L 207, 6.8.2010, p. 30. 

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HAS ADOPTED THIS DECISION:  

Article 1 

The Air  Transport Agreement between the European  Community and its Member States,  of 
the one part, and Canada, of the other part, (hereinafter, the "Agreement")  is hereby approved 
on behalf of the Union. 

Article 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 23 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".' 

Articles 3, 4 and 5 of Decision 2010/47/EC shall cease to apply at the date of entry into force 
of this Decision.  

Article 3 

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

Article 4 

Done at Brussels, 

For the Council 
The President 

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