CELEX: 52019PC0568
Language: en
Date: 2019-11-05
Title: 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

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 Council
                  1
               . 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 2015
                  2
               .
            
            
               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 final
                  3
               ), 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 OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
            
            
               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 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.
            
            
               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 Parliament
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               ,
            
            
               Whereas:
            
            
               (1)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 Moldova
                  5
               .
            
            
               (2)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 2015
                  6
               .
            
            
               (3)The Agreement should be approved on behalf of the Union.
            
            
               (4)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. 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 Union
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               . 
            
            
               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.
            
            
               Article 3
            
            
               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 4
            
            
               This Decision shall enter into force on the day of its adoption. 
            
            
               Done at Brussels,
            
            
               
                     For the Council
               
            
         
         
            
               
                     The President
               
               
                     […]
               
            
         
         
            
                  
                     (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
                  
               
               
                  
                     (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
               
               
                  
                     (7)
                  
                        The Agreement has been published in OJ L292, 20.10.2012, p.3 together with the decision on signature.