Amended proposal for a COUNCIL DECISION on the conclusion, on behalf of the Union, of the Protocol to amend the Air Transport Agreement between the United States of America, of the one part, and the European Community and its Member States, of the other part.
Date: 2021-01-22
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: United States, agreement (EU), air transport, protocol to an agreement, ratification of an agreement, revision of an agreement

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   EUROPEAN COMMISSION  Brussels, 22.1.2021  COM(2021) 13 final 2010/0112 (NLE)  Amended proposal for a COUNCIL DECISION on the conclusion, on behalf of the Union, of the Protocol to amend the Air Transport Agreement between the United States of America, of the one part, and the European Community and its Member States, of the other part.  
 
EXPLANATORY MEMORANDUM 

CONTEXT OF THE PROPOSAL 

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Reasons for and objectives of the proposal 

On  3  May  2010  the  Commission  adopted  and  subsequently  submitted  to  the  Council  a 
proposal  for  a  decision  on  the  conclusion  of  the  Protocol  to  amend  the  Air  Transport 
Agreement  between  the  United  States  of  America,  of  the  one  part,  and  the  European 
Community and its Member States, of the other part (COM(2010) 208 final).  

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.  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 

Not applicable.  

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2010/0112 (NLE) 

Amended proposal for a 

COUNCIL DECISION 

on the conclusion, on behalf of the Union, of the Protocol to amend the Air Transport 
Agreement between the United States of America, of the one part, and the European 
Community and its Member States, 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 consent of the European Parliament. 

Whereas: 

(1) 

(2) 

(3) 

(4) 

In accordance with Decision 2010/465/EU1 the Protocol to amend the Agreement on 
Air Transport between the United States of America, of the one part, and the European 
Community and its Member States, of the other part (‘the Protocol’), was signed on 24 
June 2010, subject to its conclusion at a later date.  

The  Protocol  has  been  ratified  by  all  Member  States,  except  for  the  Republic  of 
Croatia.  The  Republic  of  Croatia  should  accede  to  the  Protocol  in  accordance  with 
Article 6(2) of the Act of Accession annexed the Treaty of accession of 5 December 
20112.  

The Protocol should be approved on behalf of the Union. 

Articles  2,  3  and  4  of  Decision  2010/465/EU  contain  provisions  on  decision  making 
and representation with regard to various matters set out in the Agreement as amended 
by the Protocol. 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 2010/465/EU. Consequently, Articles 2, 3, 4 and 5 of Decision 
2010/465/EU should cease to apply at the date of entry into force of this Decision. 

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2 

Decision  2010/465/EU  of  the  Council  and  the  Representatives  of  the  Governments  of  the  Member 
States  of  the  European  Union,  meeting  within  the  Council  of  24  June  2010  on  the  signing  and 
provisional  application  of  the  Protocol  to  Amend  the  Air  Transport  Agreement  between  the  United 
States of America, of the one part, and the European Community and its Member States, of the other 
part (OJ L 223, 25.8.2010, p. 1). 
OJ L 112, 24.4.2012, p. 21. 

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HAS ADOPTED THIS DECISION:  

Article 1 

The Protocol to amend the Air Transport Agreement between the United States of America, of 
the  one  part,  and  the  European  Community  and  its  Member  States,  of  the  other  part 
(hereinafter, the “Protocol”), is hereby approved on behalf of the Union. 

The text of the Protocol is attached to Council Decision 2010/465/EU. 

The President of the Council shall designate the person empowered to proceed, on behalf of 
the Union, to the exchange of diplomatic notes provided for in Article 10 of the Protocol, in 
order to express the consent of the Union to be bound by the Protocol. 

Article 2  

Articles 2, 3, 4 and 5 of Decision 2010/465/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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