CELEX: 52019PC0586
Language: en
Date: 2019-11-14
Title: Proposal for a COUNCIL DECISION on the signing, on behalf of the European Union and its Member States, of the Protocol amending the Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland of the third part, and the Kingdom of Norway, of the fourth part, signed on June 16 and 21, 2011, to take account of the accession to the European Union of the Republic of Croatia

EUROPEAN COMMISSION
            Brussels, 14.11.2019
            COM(2019) 586 final
            2019/0259(NLE)
            Proposal for a
            COUNCIL DECISION 
            on the signing, on behalf of the European Union and its Member States, of the Protocol amending the Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland of the third part, and the Kingdom of Norway, of the fourth part, signed on June 16 and 21, 2011, to take account of the accession to the European Union of the Republic of Croatia
            
               
         
         
            
               EXPLANATORY MEMORANDUM
            
            
               1.CONTEXT OF THE PROPOSAL
            
            
               •Reasons for and objectives of the proposal
            
            
               
                  Under Article 6 (2) of the Act of Accession, Croatia has undertaken to accede to the agreements concluded or signed by the Union and the Member States with third countries. Among those agreements is the Air Transport Agreement between the United States of America, the European Union and its Member States, Iceland and Norway (“the Four Part Agreement”), which extends the scope of the Air Transport Agreement between the United States and the European Community and its Member States (“the EU-US ATA”) to those two countries.
               
               
                  That provision further provides that the accession of Croatia to those agreements shall be agreed by the conclusion of a protocol to the agreements between the Council, acting unanimously on behalf of the Member States, and the third countries concerned. Moreover, the Commission shall negotiate those protocols on behalf of the Member States.
               
               
                  The Commission has accordingly negotiated a protocol amending the Four Part Agreement to provide for the accession of Croatia to that agreement.
               
               
                  The objective of the present proposal is to obtain a Council decision, based on Article 218 (5) of the Treaty on the Functioning of the European Union (“the TFEU”) and Article 6 (2) of the Act of Accession, authorising the signing of the protocol on behalf of the Union and the Member States and its provisional application by them in accordance with Article 6 thereof, subject to its conclusion at a later date.
               
            
            
                
            
            
               •General context
            
            
               The undertaking by Croatia  under Article 6 (2) of the Act of Accession applies also to the EU-US ATA and to the Ancillary Agreement between the European Union and its Member states, Iceland and Norway, which governs the relationship between those parties under the Four Part Agreement.
            
            
               The Commission has consequently negotiated protocols amending also those agreements to provide for the accession of Croatia to them. Proposals for Council decisions on the signing and provisional application as well as for the conclusion of those protocols are presented in parallel with the present proposal, as is a proposal for a Council decision on the conclusion of the protocol amending the Four Part Agreement. 
            
            
            
               •Consistency with existing policy provisions in the policy area
            
            
               The EU-US ATA was the first comprehensive air transport agreement with a key aviation partner of the Union. It is the most important air transport agreement in the world, providing more than 80 million seats per year, and as such a cornerstone of the EU’s external aviation policy. Its importance has increased by its extension to Iceland and Norway through the Four Part Agreement. The protocol will enable Croatia to benefit from that agreement.
            
            
               •Consistency with existing provisions in the area of the proposal
            
            
               The protocol enables Croatia to fulfil its obligation under Article 6 (2) of the Act of Accession to accede to the Four Part Agreement. 
            
            
               2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
            
            
               •Legal basis
            
            
               Article 100 (2) in conjunction with Article 218 (5) of the TFEU, and Article 6 (2), second subparagraph, of the Act of Accession. 
            
         
         
            
               •Subsidiarity (for non-exclusive competence) 
            
            
                The Protocol will allow Croatia to benefit from the Four Part Agreement, which creates equal and uniform conditions for market access and serves as a basis for new arrangements for regulatory co-operation and convergence in fields essential for the safe, secure, and efficient operation of air services. These arrangements can only be achieved at Union level.
            
            
               •Proportionality
            
            
               
                  The Protocol is limited to dealing with the issue at stake, namely the accession of Croatia to the Four Part Agreement and does not address other matters. 
               
            
            
               •Choice of the instrument
            
            
               
                  International agreement.
               
            
            
               3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
            
            
               •Ex-post evaluations/fitness checks of existing legislation
            
            
               
                  Not applicable.
               
            
            
               •Stakeholder consultations
            
            
               
                  Not applicable.
               
            
            
               •Collection and use of expertise
            
            
               
                  Not applicable.
               
            
            
               •Impact assessment
            
            
               
                  Not applicable.
               
            
            
               •Regulatory fitness and simplification
            
            
               
                  Not applicable.
               
            
            
               •Fundamental rights
            
            
               
                  Not applicable.
               
            
            
               4.BUDGETARY IMPLICATIONS
            
         
         
            
               
                  The proposal has no implication for the budget of the Union.
               
            
            
               5.OTHER ELEMENTS
            
            
               •Summary of the proposed agreement  
            
            
               
                  The Protocol consists of a main body providing for the accession of Croatia to the Four Part Agreement and the consequential amendments to that agreement, and a Joint Declaration on the authentication of additional language versions.
               
            
            
               2019/0259 (NLE)
            
            
               Proposal for a
            
            
               COUNCIL DECISION
            
            
               on the signing, on behalf of the European Union and its Member States, of the Protocol amending the Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland of the third part, and the Kingdom of Norway, of the fourth part, signed on June 16 and 21, 2011, to take account of the accession to the European Union of the Republic of Croatia
            
            
               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 (5) thereof,
            
            
               Having regard to the Act of Accession of Croatia, and in particular Article 6 (2), second subparagraph, thereof,
            
            
               Having regard to the proposal from the European Commission,
            
            
               Whereas:
            
            
               (1)The Commission has negotiated a Protocol amending the Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland of the third part, and the Kingdom of Norway, of the fourth part, signed on June 16 and 21, 2011, to take account of the accession to the European Union of the Republic of Croatia (“the Protocol”), in accordance with Council Decision 13351/12 of 14 September 2012 authorising the Commission to open negotiations.
            
            
               (2)The negotiations were successfully concluded by the initialling of the Protocol on 8 March 2019.
            
            
               (3)The Protocol should be signed and applied provisionally by the Union and its Member States in accordance with Article 6 thereof, subject to its conclusion at a later date.
            
            
               HAS ADOPTED THIS DECISION: 
            
            
               Article 1
               
            
               The signing of the Protocol amending the Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland of the third part, and the Kingdom of Norway, of the fourth part, signed on June 16 and 21, 2011, to take account of the accession to the European Union of the Republic of Croatia (“the Protocol”), is hereby authorised on behalf of the Union and its Member States, subject to the conclusion of the Protocol.
            
            
               The text of the Protocol is attached to this Decision.
            
         
         
            
               Article 2 
            
            
               The President of the Council is hereby authorised to designate the person(s) empowered to sign the Protocol on behalf of the Union and its Member States.
            
            
               Article 3
            
            
               Pending its entry into force, the Protocol shall be provisionally applied by the Union and its Member States in accordance with Article 6 thereof.
            
            
            
               Article 4
            
            
               This Decision shall enter into force on the day of its adoption. 
            
            
               Done at Brussels,
            
            
               
                     For the Council
               
               
                     The President
               
            
         
         
      
    ---documentbreak--- 
      
         
               EUROPEAN COMMISSION
            Brussels, 14.11.2019
            COM(2019) 586 final
            ANNEXES
            to the 
            Proposal for a Council Decision
            on the signing, on behalf of the European Union and its Member States, of the Protocol amending the Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland of the third part, and the Kingdom of Norway, of the fourth part, signed on June 16 and 21, 2011, to take account of the accession to the European Union of the Republic of Croatia
            
               
         
         
            
            
               Annex 1
            
            
               PROTOCOL
            
            
               Amending the Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part, signed on June 16 and 21, 2011, to take account of the accession to the European Union of the Republic of Croatia
            
            
            
               THE UNITED STATES OF AMERICA (hereinafter, ‘the United States’), 
            
            
               of the first part; 
            
            
               THE REPUBLIC OF AUSTRIA,
            
            
               THE KINGDOM OF BELGIUM, 
            
            
               THE REPUBLIC OF BULGARIA, 
            
            
               THE REPUBLIC OF CROATIA,
            
            
               THE REPUBLIC OF CYPRUS,
            
            
               THE CZECH REPUBLIC, 
            
            
               THE KINGDOM OF DENMARK, 
            
            
               THE REPUBLIC OF ESTONIA, 
            
            
               THE REPUBLIC OF FINLAND,
            
            
               THE FRENCH REPUBLIC,
            
            
               THE FEDERAL REPUBLIC OF GERMANY, 
            
            
               THE HELLENIC REPUBLIC, 
            
         
         
            
               HUNGARY,
            
            
               IRELAND,
            
            
               THE ITALIAN REPUBLIC, 
            
            
               THE REPUBLIC OF LATVIA, 
            
            
               THE REPUBLIC OF LITHUANIA, 
            
            
               THE GRAND DUCHY OF LUXEMBOURG, 
            
            
               MALTA, 
            
            
               THE KINGDOM OF THE NETHERLANDS, 
            
            
               THE REPUBLIC OF POLAND, 
            
            
               THE PORTUGUESE REPUBLIC, 
            
            
               ROMANIA, 
            
            
               THE SLOVAK REPUBLIC,
            
            
               THE REPUBLIC OF SLOVENIA, 
            
            
               THE KINGDOM OF SPAIN,
            
            
               THE KINGDOM OF SWEDEN, 
            
            
               THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, 
            
            
               being parties to the Treaty on European Union and the Treaty on the Functioning of the European Union and being Member States of the European Union (hereinafter, ‘the Member States’), 
            
            
               and 
            
            
               THE EUROPEAN UNION, 
            
            
               of the second part; 
            
         
         
            
               ICELAND, 
            
            
               of the third part; and 
            
            
               THE KINGDOM OF NORWAY (hereinafter, ‘Norway’), 
            
            
               of the fourth part;
            
            
               Having regard to the accession of the Republic of Croatia to the European Union on 1 July 2013,
            
            
               HAVE AGREED AS FOLLOWS: 
            
            
               Article 1 
            
            
               The Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part, signed on June 16 and 21, 2011 (hereinafter, ‘the 2011 Agreement’) shall apply to the Republic of Croatia as a Member State of the European Union.
            
            
            
               Article 2
            
            
               Article 2 of the 2011 Agreement shall be deleted in its entirety and replaced by the following:
            
            
               “ARTICLE 2
            
            
               Application of the Air Transport Agreement as amended by the Protocols 
            
            
               and the Annex to this Agreement
            
            
            
               The provisions of the Air Transport Agreement between the United States of America and the European Community and its Member States, signed on April 25 and 30, 2007 (hereinafter, "the Air Transport Agreement"), as amended by the Protocol to amend the Air Transport Agreement between the United States of America and the European Community and its Member States, signed on April 25 and 30, 2007, signed by the United States of America and the European Union and its Member States on June 24, 2010, and as further amended by the Protocol Amending the Air Transport Agreement between the United States of America and the European Community and its Member States, signed on April 25 and 30, 2007, as amended by the Protocol to amend the Air Transport Agreement between the United States of America and the European Community and its Member States, signed on April 25 and 30 2007, signed by the United States of America and the European Union and its Member States on June 24, 2010, to take account of the accession to the European Union of the Republic of Croatia, signed on ________, 2019 (hereinafter, "the Protocols"), which are hereby incorporated by reference, shall apply to all Parties to this Agreement, subject to the Annex to this Agreement.  The provisions of the Air Transport Agreement, as amended by the Protocols, shall apply to Iceland and Norway as though they were Member States of the European Union, so that Iceland and Norway shall have all of the rights and obligations of Member States under that agreement. The provisions of the Annex to this Agreement form an integral part of this Agreement.”
            
            
                
            
            
               Article 3
            
            
               All references to “the Protocol” in the Annex to the 2011 Agreement shall be replaced by references to “the Protocols”.  
            
            
         
         
            
               Article 4
            
            
               Paragraph 6 of the Annex to the 2011 Agreement shall be deleted in its entirety and replaced by the following:
            
            
               “6. The text of Section 3 of Annex I of the Air Transport Agreement as amended by the Protocols, shall read as follows:
            
            
            
               ‘Notwithstanding Article 3 of this Agreement, U.S. airlines shall not have the right to provide all‑cargo services, that are not part of a service that serves the United States, to or from points in the Member States, except to or from points in the Republic of Croatia, the Czech Republic, the French Republic, the Federal Republic of Germany, the Grand Duchy of Luxembourg, Malta, the Republic of Poland, the Portuguese Republic, the Slovak Republic, Iceland, and the Kingdom of Norway.’”
            
            
            
               Article 5
            
            
               This Protocol shall enter into force on the later of:
            
            
               1. the date of entry into force of the 2011 Agreement; 
            
            
               2. the date of entry into force of the Protocol Amending the Air Transport Agreement between the United States of America and the European Community and its Member States, signed on April 25 and 30, 2007, as amended by the Protocol to amend the Air Transport Agreement between the United States of America and the European Community and its Member States, signed on April 25 and 30, 2007, signed by the United States of America and the European Union and its Member States on June 24, 2010, to take account of the accession to the European Union of the Republic of Croatia, signed on ________, 2019; and 
            
            
               3. one month after the date of the last note of the exchanges of diplomatic notes among the Parties confirming that all necessary procedures for entry into force of this Protocol have been completed.
            
            
            
               Article 6
            
            
               Pending its entry into force, the Parties agree to provisionally apply this Protocol, to the extent permitted under applicable domestic law, from the date of signature. 
            
            
               Done at …………, in quadruplicate, on …………. 2019.
            
            
            
            
               For the United States of America:
            
            
            
               For the Republic of Austria,
            
         
         
            
               the Kingdom of Belgium, 
            
            
               the Republic of Bulgaria, 
            
            
               the Republic of Croatia,
            
            
               the Republic of Cyprus,
                     
            
            
               the Czech Republic, 
            
            
               the Kingdom of Denmark, 
            
            
               the Republic of Estonia, 
            
            
               the Republic of Finland,
            
            
               the French Republic,
            
            
               the Federal Republic of Germany, 
            
            
               the Hellenic Republic, 
            
            
               Hungary,
            
            
               Ireland,
            
            
               the Italian Republic, 
            
            
               the Republic of Latvia, 
            
            
               the Republic of Lithuania, 
            
            
               the Grand Duchy of Luxembourg, 
            
            
               Malta, 
            
            
               the Kingdom of the Netherlands, 
            
            
               the Republic of Poland, 
            
         
         
            
               the Portuguese Republic, 
            
            
               Romania, 
            
            
               the Slovak Republic,
            
            
               the Republic of Slovenia, 
            
            
               the Kingdom of Spain,
            
            
               the Kingdom of Sweden, 
            
            
               the United Kingdom of Great Britain and Northern Ireland, and
            
            
               the European Union:
            
            
            
               For Iceland:
            
            
            
            
               For the Kingdom of Norway:
            
            
               
            
               Annex 2
            
            
               Joint Declaration
            
            
            
               Representatives of the United States of America, the European Union and its Member States, Iceland and the Kingdom of Norway confirmed that the text of the Protocol Amending the Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part, signed on June 16 and 21, 2011, to take account of the accession to the European Union of the Republic of Croatia, signed on ______, 2019 (“the Protocol”) is to be authenticated in other languages as provided either by exchange of letters, before signature of the Protocol, or by decision of the Joint Committee, after signature of the Protocol.
            
            
                
            
            
               The Representatives also confirmed that the term "other languages" in the Joint Declaration forming part of the Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part, signed on June 16 and 21, 2011, includes the languages of Member States acceding to the European Union.
            
         
         
            
                
            
            
               This Joint Declaration is an integral part of the Protocol.
            
            
            
            
            
               For the United States of America:
                     
                     
                     For the European Union 
            
            
               and its Member States:
            
            
            
            
            
               For Iceland: 
                     
                     
                     
                     
                     
                     For the Kingdom of Norway: