Amended proposal for a COUNCIL DECISION on the conclusion, on behalf of the Union, of the Common Aviation Area Agreement between the European Union and its Member States, of the one part, and Georgia, of the other part.
Date: 2018-06-28
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: Georgia, agreement (EU), air space, air traffic, air traffic control, ratification of an agreement

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   EUROPEAN COMMISSION  Brussels, 28.6.2018  COM(2018) 495 final 2010/0186 (NLE)  Amended proposal for a COUNCIL DECISION on the conclusion, on behalf of the Union, of the Common Aviation Area Agreement between the European Union and its Member States, of the one part, and Georgia, of the other part.  
 
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

The Commission has negotiated, on behalf of the European Union and its Member States the 
Common Aviation Area Agreement (hereinafter the Agreement) with Georgia in accordance 
with the Council Decision authorising the Commission to open negotiations.   

It  is  part  of  the  EU  neighbourhood  policy  to  replace  this  network  of  bilateral  agreements 
through the establishment of a Common Aviation  Area  between  the EU and its neighbours. 
The Agreement aims at gradual market opening in terms of access to routes and capacity on a 
reciprocal basis; non-discrimination and level playing field for economic operators based on 
the  principles  of  the  EU  Treaties;  as  well  as  alignment  of  the  Georgian  aviation  legislation 
with EU legislation on issues such as safety, security and air traffic management. 

The  Agreement  has  beeen  signed  on  2  December  20101.  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 9 February 2017, except for the Republic of Croatia.  

The Republic of Croatia accedes 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 and the 
relevant Protocol of accession of the Republic of Croatia to this Agreements has been signed 
in November 20142. 

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 initial proposal of the Commission (under COM(2010)339 final3), 
which was adopted on 28 June 2010 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 

 Article 100(2) TFEU in conjunction with Article 218(6)(a) (v) TFEU. 

3. 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Not applicable 

4. 

BUDGETARY IMPLICATIONS 

Not applicable 

1 
Decision 2012/708/EU of the Council and of the Representatives of the Governments of the Member 
States,  meeting  within  the  Council  of  15  October  2010  on  the  signature  and  provisional  application  of  the 
Common  Aviation  Area Agreement  between  the  European  Union  and  its  Member  States,  of  the  one part,  and 
Georgia, of the other part, OJ L 321, 20.11.2012, p.1. 
2 
Council  Decision  2014/928/UE  of  8  October  2014  on  the  signing,  on  behalf  of  the  Union  and  its 
Member  States,  and  provisional  application  of  a  Protocol  amending  the  Common  Aviation  Area  Agreement 
between  the  European  Union  and  its  Member  States,  of  the  one  part,  and  Georgia,  of  the  other  part,  to  take 
account of the accession to the European Union of the Republic of Croatia, OJ L 365, 19.12.2014, p.1. 
3 
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52010PC0339&from=EN  

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5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

Not applicable 

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2010/0186 (NLE) 

Amended proposal for a 

COUNCIL DECISION 

on the conclusion, on behalf of the Union, of the Common Aviation Area Agreement 
between the European Union and its Member States, of the one part, and Georgia, 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) (v) thereof 

Having regard to the proposal from the European Commission, 
Having regard to the consent of the European Parliament4,  

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

The  Commission  has  negotiated  on  behalf  of  the  European  Union  and  its  Member 
States,  the  Common  Aviation  Area  Agreement  with  Georgia  (hereinafter,  the 
"Agreement")  in  accordance  with the Council Decision authorising the Commission 
to open negotiations. 

The  Agreement  was  signed  on  2  December  2010,  subject  to  its  conclusion  at  a  later 
date,  in  accordance  with  Decision  2012/708/EU  of  the  Council  and  of  the 
Representatives  of  the  Member  States  of  the  European  Union  meeting  within  the 
Council.5  

The  Agreement  has  been  ratified  by  all  Member  States,  except  for  the  Republic  of 
Croatia.  The  Republic  of  Croatia  accedes  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  and  the  relevant  Protocol  of  accession  of  the  Republic  of  Croatia to 
this Agreements has been signed in November 2014. 

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

Articles 3 and 4 of Decision 2012/708/EU 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.  Consequently,  Articles  3,  4  and  5  of  Decision 
2012/708/EU should cease to apply at the date of entry into force of this Decision. 

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OJ C , , p. . 
OJ L 321 of 20.11.2012. 

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HAS ADOPTED THIS DECISION:  

Article 1 

The Common Aviation Area Agreement between the European Union and its Member States, 
of  the  one  part,  and  Georgia,  of  the  other  part,  (hereinafter,  the  "Agreement")  is  hereby 
approved on behalf of the Union. 

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 of the Agreement 
in order to express the consent of the Union to be bound by the Agreement.  

Article 2 

Article 3 

The  position  to  be  taken  by  the  Union  as  regards  decisions  of  the  Joint  Committee  under 
Article 22 of the Agreement regarding merely the inclusion of Union legislation into Annex 
III (Rules applicable to civil aviation) to the Agreement, subject to any technical adjustments 
needed,  shall  be  adopted  by  the  Commission,  after  consultation  of  a  Special  Committee 
appointed by the Council. 

Articles 3, 4 and 5 of Decision 2012/708/EU shall cease to apply at the date of entry into force 
of this Decision.  

Article 4 

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

Article 5 

Done at Brussels, 

For the Council 
The President 

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