Amended proposal for a COUNCIL DECISION on the conclusion of the Common Aviation Area Agreement between the European Union and its Member States, of the one part, and the Republic of Moldova, of the other part
Date: 2019-11-05
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: Moldova, agreement (EU), air space, air transport, freedom of the skies, ratification of an agreement

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   EUROPEAN COMMISSION  Brussels, 5.11.2019  COM(2019) 568 final 2012/0006 (NLE)  Amended proposal for a COUNCIL DECISION on the conclusion of the Common Aviation Area Agreement between the European Union and its Member States, of the one part, and the Republic of Moldova, of the other part  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

The Common Aviation Area Agreement between the European Union and its Member States, 
of  the  one  part,  and  the  Republic  of  Moldova,  of  the  other  part  has  been  negotiated  by  the 
Commission, as authorised by the Council in June 2011. 

The  Agreement  was  signed  on  26  June  2012,  subject  to  its  conclusion  at  a  later  date,  in 
accordance  with  Decision  2012/639/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 22 July 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/2012/020 final3), 
which was adopted on 27 January 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 

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. 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

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 of the Council and of the Representatives of the Governments of the Member States, meeting 
within  the  Council  of  7  June  2012  on  the  signing,  on  behalf  of  the  Union,  and  provisional  application  of  the 
Common  Aviation  Area  Agreement  between  the  European  Union  and  its  Member  States  and  the  Republic  of 
Moldova (2012/639/EU) OJ L 292, 20.10.2012, p. 1–2 
2 
Council  Decision  (EU)  2015/1389  of  7  May  2015  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  and  the  Republic  of  Moldova,  to  take  account  of  the 
accession to the European Union of the Republic of Croatia OJ L 215, 14.8.2015, p. 1. 
3 

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52012PC0020&from=EN 

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

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2012/0006 (NLE) 

Amended proposal for a 

COUNCIL DECISION 

on the conclusion of the Common Aviation Area Agreement between the European 
Union and its Member States, of the one part, and the Republic of Moldova, 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 
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) 

The Common Aviation Area Agreement between the European Union and its Member 
States  and  the  Republic  of  Moldova  was  signed  on  26  June  2012,  subject  to  its 
conclusion  at  a  later  date,  in  accordance  with  Decision  2012/639/EU  of  the  Council 
and of the Representatives of the Governments of the Member States, meeting within 
the  Council  of  7  June  2012  on  the  signing,  on  behalf  of  the  Union,  and  provisional 
application  of  the  Common  Aviation  Area  Agreement  between  the  European  Union 
and its Member States and the Republic of Moldova5. 

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 Agreements has been signed on 22 July 20156. 

The Agreement should be approved on behalf of the Union. 

Articles 4 and 5 of Decision 2012/639/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  6  of  the  Decision. 

4 
Consent [date] (not yet published in the Official Journal). 
5 
Decision of the Council and of the Representatives of the Governments of the Member States, meeting 
within  the  Council  of  7  June  2012  on  the  signing,  on  behalf  of  the  Union,  and  provisional  application  of  the 
Common  Aviation  Area  Agreement  between  the  European  Union  and  its  Member  States  and  the  Republic  of 
Moldova (2012/639/EU) OJ L 292, 20.10.2012, p. 1–2 
6 
Council  Decision  (EU)  2015/1389  of  7  May  2015  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  and  the  Republic  of  Moldova,  to  take  account  of  the 
accession to the European Union of the Republic of Croatia OJ L_2015_215_R_0001 

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Consequently, Articles 4, 5 and 6 of Decision 2012/639/EU should cease to apply at 
the date of entry into force of this Decision. 

HAS ADOPTED THIS DECISION:  

Article 1 

The Common Aviation Area Agreement between the European Union and its Member States, 
of the one part, and the Republic of Moldova, 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 
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 4, 5 and 6 of Decision 2012/639/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 

[…] 

7 

The Agreement has been published in OJ L292, 20.10.2012, p.3 together with the decision on signature. 

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