Amended proposal for a COUNCIL DECISION on the conclusion of the Euro Mediterranean Aviation Agreement between the European Union and its Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part
Date: 2019-11-05
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: Jordan, Mediterranean region (EU), Union for the Mediterranean, agreement (EU), air transport, ratification of an agreement

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   EUROPEAN COMMISSION  Brussels, 5.11.2019  COM(2019) 574 final 2010/0180 (NLE)  Amended proposal for a COUNCIL DECISION on the conclusion of the Euro Mediterranean Aviation Agreement between the European Union and its Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

The Euro Mediterranean Aviation Agreement between the European Union and its Member 
States,  of  the  one  part,  and  the  Hashemite  Kingdom  of  Jordan,  of  the  other  part  has  been 
negotiated under an authorisation received from the Council in June 2007.  

The Agreement was signed on 15 December 2010, subject to its conclusion at a later date, in 
accordance  with  Decision  2012/750/EU  of  the  Council  and  the  Representatives  of  the 
Governments  of  the  Member  States,  meeting  within  the  Council1.  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, 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 on the accession of the Republic of Croatia to this Agreement was 
signed on 3 May 20162. 

With  a  view  notably  to  take  account  of  the  entry  into  force  of  the  Treaty  of  Lisbon,  and 
following the judgment 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)332 final3), 
which was adopted on 24 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 

The  legal  basis  for  the  proposal  is  Article  100  (2)  of  the  Treaty  on  the  Functioning  of  the 
European Union, in conjunction with Article 218 (6) (a)(v) and Article 218 (7) thereof.  

3. 

RESULT 
EX-POST 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EVALUATIONS, 

OF 

STAKEHOLDARE 

Not applicable. 

4. 

BUDGETARY IMPLICATIONS 

The proposal has no implication for the budget of the Union. 

5. 

OTHER ELEMENTS 

  Summary of the proposed agreement 

1 
Decision 2012/750/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 Euro-
Mediterranean  Aviation  Agreement  between  the  European  Union  and  its  Member  States,  of  the  one  part,  and 
The Hashemite Kingdom of Jordan, of the other part (OJ L 334, 6.12.2012, p.1) 
2 
Council Decision (EU) 2016/803 of 7 May 2015 on the signing, on behalf of the Union and its Member 
States, and provisional application of a Protocol amending the Euro-Mediterranean Aviation Agreement between 
the European Union and its Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other 
part, to take account of the accession to the European Union of the Republic of Croatia (OJ L 132, 25.05.2016, 
p.79) 
3 

https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1561651763204&uri=CELEX:52010PC0332   

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The  Agreement  consists  of  the  main  body  including  the  main  principles,  and  four 
annexes:  Annex  I  on  agreed  services  and  specified  routes,  Annex  II  on  transitional 
provisions, Annex III including list of civil aviation rules, and Annex IV with a list of 
other states referred to in Articles 3 and 4, and Annex I. 

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2010/0180 (NLE) 

Amended proposal for a 

COUNCIL DECISION 

on the conclusion of the Euro Mediterranean Aviation Agreement between the 
European Union and its Member States, of the one part, and the Hashemite Kingdom of 
Jordan, 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) and Article 218 (7) thereof, 

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

Whereas: 

(1) 

(2) 

(3) 

(4) 

The  Euro  Mediterranian  Aviation  Agreement  between  the  European  Union  and  its 
Member States, of the one part,  and the Hashemite Kingdom  of Jordan,  of the other 
part  was  signed  on  15  December  2010,  subject  to  its  conclusion  at  a  later  date,  in 
accordance with Decision 2012/750/EU of the Council and the Representatives of the 
Governments of the Member States, 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 on the accession of the Republic of Croatia 
to this Agreement was signed on 3 May 20166. 

The Agreement should be approved on behalf of the Union . 

Articles 3 and 4 of Decision 2012/750/EU contain provisions on decision making and 
representation with regard to various matters set out in the Agreement. In view of the 
judgment  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,  contained  in  Article  5  of  the  Decision. 

4 
Consent of [date] (not yet published in the Official Journal). 
5 
Decision 2012/750/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 Euro-
Mediterranean  Aviation  Agreement  between  the  European  Union  and  its  Member  States,  of  the  one  part,  and 
The Hashemite Kingdom of Jordan, of the other part (OJ L 334, 6.12.2012, p.1) 
6 
Council Decision (EU) 2016/803 of 7 May 2015 on the signing, on behalf of the Union and its Member 
States, and provisional application of a Protocol amending the Euro-Mediterranean Aviation Agreement between 
the European Union and its Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other 
part, to take account of the accession to the European Union of the Republic of Croatia (OJ L 132, 25.05.2016, 
p.79) 

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Consequently, Articles 3, 4 and 5 of Decision 2012/750/EU should cease to apply at 
the date of entry into force of this Decision. . 

HAS ADOPTED THIS DECISION:  

The Euro Mediterranean Aviation Agreement between the European Union and its Member 
States,  of  the  one  part,  and  the  Hashemite  Kingdom  of  Jordan,  of  the  other  part,  is  hereby 
approved on behalf of the Union7.  

Article 1 

Article 2 

The  position  to  be  taken  by  the  Union  as  regards  decisions  of  the  Joint  Committee  under 
Article 21 of the Agreement regarding merely the inclusion of Union legislation into Annex 
III (List of civil avaition rules) 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 2012/750/EU shall cease to apply at the date of entry into force 
of this Decision. 

Article 3 

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

Article 4 

Done at Brussels, 

For the Council 

The President 
[…] 

7 

The Agreement has been published in OJ L 334, 6.12.2012, p.3 together with the decision on signature. 

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