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 Government of the State of Israel, of the other part
Date: 2019-11-05
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: Israel, 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) 569 final 2012/0324 (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 Government of the State of Israel, 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 Government of the State of Israel, of the other part has been 
negotiated by the Commission as authorised by the Council in April 2008.  

The  Agreement  was  signed  on  10  June  2013,  subject  to  its  conclusion  at  a  later  date,  in 
accordance  with  Decision  2013/398/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 Agreements was 
signed on 19 February 20152.  

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(2012)689 final3), 
which  was  adopted  on  22  November  2012  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 

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. 

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RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

Not applicable. 

4. 

BUDGETARY IMPLICATIONS 

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

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Decision 2013/398/EU of the Council and of the Representatives of the Governments of the Member 
States,  meeting  within  the  Council  of  20  December  2012  on  the  signing,  on  behalf  of  the  European 
Union,  and  provisional  application  of  the  Euro-Mediterranean  Aviation  Agreement  between  the 
European Union and its Member States, of the one part, and the Government of the State of Israel, of 
the other part (OJ L 208, 2.8.2013, p. 1–2)  
Council  Decision  (EU)  2015/372  of  8  October  2014  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 government of 
the  State  of  Israel,  of  the  other  part,  to  take  account  of  the  accession  to  the  European  Union  of  the 
Republic of Croatia (OJ L 64, 7.3.2015, p.1-5) 
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:52012PC0689  

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5. 

• 

OTHER ELEMENTS 

Summary of the proposed agreement 

The  Agreement  consists  of  the  main  body  including  the  main  principles,  and  six  annexes: 
Annex I on agreed services and specified routes; Annex II on transitional provisions; Annex 
III with a list of the states referred to in Articles 3, 4 and 8 of the Agreement and in Annex I; 
Annex IV on rules relating to civil aviation; Annex V on agreed base frequencies on certain 
routes; and Annex VI on regulatory requirements and standards.  

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2012/0324 (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 Government of the 
State of Israel, 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 Article100 (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) 

(5) 

4 
5 

6 

The  Euro-Mediterranean  Aviation  Agreement  between  the  European  Union  and  its 
Member States, of the one part, and the Government of the State of Israel, of the other 
part was signed on 10 June 2013, subject to its conclusion at a later date, in accordance 
with  Decision  2013/398/EU  of  the  Council  and  the  Representatives  of  the 
Governments of the Member States, meeting within the Council5, 

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 19 February 20156, 

The Agreement should be approved on behalf of the Union, 

The  Agreement  should  be  implemented  in  conformity  with  the  Union's  position  that 
the territories which came under Israeli administration in June 1967 are not part of the 
territory of the State of Israel, 

Articles 4 and 5 of Decision 2013/398/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, 

OJ C , , p. . 
Decision 2013/398/EU of the Council and of the Representatives of the Governments of the Member 
States,  meeting  within  the  Council  of  20  December  2012  on  the  signing,  on  behalf  of  the  European 
Union,  and  provisional  application  of  the  Euro-Mediterranean  Aviation  Agreement  between  the 
European Union and its Member States, of the one part, and the Government of the State of Israel, of 
the other part (OJ L 208, 2.8.2013, p. 1–2) 
Council  Decision  (EU)  2015/372  of  8  October  2014  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 government of 
the  State  of  Israel,  of  the  other  part,  to  take  account  of  the  accession  to  the  European  Union  of  the 
Republic of Croatia (OJ L 64, 7.3.2015, p.1-5) 

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new provisions on those matters are not necessary, nor are provisions on information 
obligations  of  the  Member  States,  contained  in  Article  6  of  the  Decision. 
Consequently, Articles 4, 5 and 6 of Decision 2013/398/EU should cease to apply at 
the date of entry into force of this Decision. 

HAS ADOPTED THIS DECISION:  

Article 1 

The Euro-Mediterranean Aviation  Agreement between the European Union and its Member 
States, of the one part, and the Government of the State of Israel, of the other part, is hereby 
approved on behalf of the Union7. 

Article 2 

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 
IV  (Rules  relating  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 4, 5 and 6 of Decision 2013/398/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. 

Done at Brussels, 

Article 4 

For the Council 
The President 
[...] 

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The Agreement has been published in OJ L 208,  2.8.2013, p.3 together with the decision on signature. 

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