CELEX: 52020PC0794
Language: en
Date: 2020-12-11
Title: Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union within the Joint Committee established by the Euro-Mediterranean Aviation Agreement between the European Community and its Member States, of the one part, and the Kingdom of Morocco, of the other part

EUROPEAN COMMISSION
            Brussels, 11.12.2020
            COM(2020) 794 final
            2020/0352(NLE)
            Proposal for a
            COUNCIL DECISION
            on the position to be taken on behalf of the European Union within the Joint Committee established by the Euro-Mediterranean Aviation Agreement between the European Community and its Member States, of the one part, and the Kingdom of Morocco, of the other part
            
               
         
         
            
               EXPLANATORY MEMORANDUM
            
            
               1.Subject-matter of the proposal
            
            
               This proposal concerns a decision establishing the position to be taken on the Union's behalf in the Joint Committee established by the Euro-Mediterranean Aviation Agreement between the European Community and its Member States, of the one part, and the Kingdom of Morocco, of the other part  (‘the Agreement’)
                  1
               .
            
            
               2.Context of the proposal
            
            
               2.1.The Euro-Mediteraanean Aviation Agreement between  the European Community and its Member States, of the one part, and the Kingdom of Morocco of the other part
            
            
               The Agreement aims at favouring a gradual opening of market access and harmonising legislations in order to come closer to the EU rules, including in the areas of safety,  air traffic management, economic regulation, consumer protection and the environment. The rules should be based on the relevant legislation in force within the European Union, as laid down in Annex VI to this Agreement. 
            
            
               The Agreement entered into force on 19 March 2018. 
            
            
               2.2.The Joint Committee
            
            
               A Joint Committee is set up by Article 22 of the Agreement. The Joint Committee shall be responsible for the administration of the Agreement and shall ensure its proper implementation. 
            
            
               For this purpose it shall cooperate in a range of areas and shall make recommendations and take decisions where expressly provided by the Agreement. Its main tasks are to cooperate by: (a) fostering expert-level exchanges on new legislative or regulatory initiatives and developments, including in the fields of security, safety, the environment, aviation infrastructure (including slots), and consumer protection; (b) regularly examining the social effects of the Agreement as it is implemented, notably in the area of employment and developing appropriate responses to concerns found to be legitimate; (c) considering potential areas for the further development of the Agreement, including the recommendation of amendments to the Agreement. 
            
            
               Additionally, in accordance with Article 5 (Investment) of the Agreement, the Joint Committee shall examine questions relating to bilateral investments of majority ownership, or changes in the effective control of air carriers of the Parties.
            
            
               Under Article 22(6) of the Agreement, the Joint Committee shall adopt, by decision, its rules of procedure. 
            
            
            
               2.3.The envisaged act of the Joint Committee
            
            
               During its first meeting, the Joint Committee is to adopt a decision regarding the adoption of the rules of procedure of the Joint Committee (‘the envisaged act’). 
            
            
               The purpose of the envisaged act is to adopt, in accordance with Article 22(6) of the Agreement, the rules of procedure underpinning the organisation and functionning of the Joint Committee to allow for the proper implementation of the Agreement.
            
            
               3.Position to be taken on behalf of the Union
            
            
               The position to be adopted on behalf of the Union should be to support the adoption of the rules of procedure of the Joint Committee established by the Agreement. The position should be based on the draft decision of the Joint Committee annexed to the proposed Council decision.
            
            
               4.Legal basis
            
         
         
            
               4.1.Procedural legal basis
            
            
               4.1.1.Principles
            
            
               Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by an agreement, when that body is called upon to adopt acts having legal effects, with the exception of acts supplementing or amending the institutional framework of the agreement.’
            
            
               The concept of ‘acts having legal effects’ includes acts that have legal effects by virtue of the rules of international law governing the body in question. It also includes instruments that do not have a binding effect under international law, but that are ‘capable of decisively influencing the content of the legislation adopted by the EU legislature’.
            
            
               4.1.2.Application to the present case
            
            
               The Joint Committee is a body set up by an agreement, namely in this case the Euro-Mediterranean Aviation Agreement between the European Community and its Member States, of the one part, and the Kingdom of Morocco, of the other part.
            
            
               The act which the Joint Committee is called upon to adopt is an act having legal effects, since it will be binding under international law on the Parties. 
            
            
               The envisaged act does not supplement or amend the institutional framework of the Agreement.
            
            
               In the light of that, the procedural legal basis for the proposed decision is Article 218(9) TFEU.
            
            
               4.2.Substantive legal basis
            
            
               4.2.1.Principles
            
            
               The substantive legal basis for a decision under Article 218(9) TFEU depends primarily on the objective and content of the envisaged act in respect of which a position is taken on the Union's behalf. If the envisaged act pursues two aims or has two components and if one of those aims or components is identifiable as the main one, whereas the other is merely incidental, the decision under Article 218(9) TFEU must be founded on a single substantive legal basis, namely that required by the main or predominant aim or component.
            
            
               4.2.2.Application to the present case
            
            
               The main objective and content of the envisaged act relate to air transport.
            
            
               Therefore, the substantive legal basis of the proposed decision is Article 100(2) TFEU.
            
            
               4.3.Conclusion
            
            
               The legal basis of the proposed decision should be Article 100(2) TFEU, in conjunction with Article 218(9) TFEU.
            
            
               5.publication of the envisaged act
            
            
               As the act of the Joint Committee will set out its rules of procedure, it is appropriate to publish it in the Official Journal of the European Union after its adoption.
            
            
               
         
         
            
               2020/0352 (NLE)
            
            
               Proposal for a
            
            
               COUNCIL DECISION
            
            
               on the position to be taken on behalf of the European Union within the Joint Committee established by the Euro-Mediterranean Aviation Agreement between the European Community and its Member States, of the one part, and the Kingdom of Morocco, 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(9) thereof,
            
            
               Having regard to the proposal from the European Commission,
            
            
               Whereas:
            
            
               (1)The Euro-Mediterranean Aviation Agreement between the European Community and its Member States, of the one part, and the Kingdom of Morocco, of the other part (‘the Agreement’) was concluded by the Union by means of Council Decision (EU) 2018/146
                  2
                and entered into force on 19 March 2018. 
            
            
               (2)Article 22 of the Agreement establishes a Joint Committee to ensure the administration and proper implementation of the Agreement.
            
            
               (3)Article 22(6) of the Agreement provides that the Joint Committee shall adopt its rules of procedure.
            
            
               (4)In order to ensure the proper implementation of the Agreement, the Joint Committee’s rules of procedure should be adopted.
            
            
               (5)It is appropriate to establish the position to be taken on the Union’s behalf in the Joint Committee, since the decision of the Joint Committee adopting its rules of procedure will be binding on the Union. The position of the Union within the Joint Committee should be based on the draft Joint Committee Decision attached to this Decision.
            
            
               HAS ADOPTED THIS DECISION:
            
            
               Article 1
            
            
               The position to be taken on behalf of the Union in the first meeting of the Joint Committee set up by Article 22 of the Euro-Mediterranean Aviation Agreement between the European Community and its Member States, of the one part, and the Kingdom of Morocco, of the other part, in relation to the adoption of the rules of procedure of the Joint Committee, shall be based on the draft Decision of the Joint Committee attached to this Decision.
            
            
               Minor changes to the draft Decision of the Joint Committee may be agreed to by the representatives of the Union within the Joint Committee without a further Council Decision.
            
            
               Article 2
            
            
               This Decision is addressed to the Commission.
            
            
         
         
            
               Done at Brussels,
            
            
               
                     For the Council
               
               
                     The President
               
            
         
         
            
                  
                     (1)
                  
                        Council Decision (EU) 2018/146 of 22 January 2018 on the conclusion, on behalf of the Union, of the Euro-Mediterranean Aviation Agreement between the European Community and its Member States, of the one part, and the Kingdom of Morocco, of the other part (OJ L 26, 31.1.2018, p. 4.).
               
               
                  
                     (2)
                  
                  
                        Council Decision (EU) 2018/146 of 22 January 2018 on the conclusion, on behalf of the Union, of the Euro-Mediterranean Aviation Agreement between the European Community and its Member States, of the one part, and the Kingdom of Morocco, of the other part (OJ L 26/4 of 31.1.2018, p. 4.).
                  
               
            
      
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               EUROPEAN COMMISSION
            Brussels, 11.12.2020
            COM(2020) 794 final
            ANNEX
            to the
            proposal for a Council Decision
            on the position to be taken on behalf of the European Union within the Joint Committee set up by the Euro-Mediterranean Aviation Agreement between the European Community and its Member States, of the one part, and the Kingdom of Morocco, of the other part 
            
               
         
         
            
               DECISION No 1 / [year] OF THE EU-MOROCCO JOINT COMMITTEE SET UP BY THE EURO-MEDITERRANEAN AVIATION AGREEMENT BETWEEN THE COMMUNITY AND ITS MEMBER STATES, OF THE ONE PART, AND THE KINGDOM OF MOROCCO, OF THE OTHER PART 
            
            
               of...
            
            
               adopting the rules of procedure of the Joint Committee
            
            
               THE JOINT COMMITTEE UNDER THE EU-MOROCCO AGREEMENT,
            
            
               Having regard to the Euro-Mediterranean Aviation Agreement between the European Community and its Member States, of the one part, and the Kingdom of Morocco, of the other part, (the Agreement), and in particular Article 22(6) thereof,
            
            
               HAS DECIDED AS FOLLOWS:
            
            
               Sole Article
            
            
               The rules of procedure of the Joint Committee in the Annex to this Decision are hereby adopted.
            
            
            
               Done at
            
            
               For the Joint Committee, 
            
            
            
               The Head of the European Union Delegation 
            
            
               [name] 
            
            
            
               The Head of the Moroccan Delegation 
            
            
               [name] 
            
            
               
            
         
         
            
               Annex
            
            
               Rules of procedure of the Joint Committee 
            
            
            
            
               Article 1: Heads of Delegation
            
            
            
               1. As provided for in Article 22(1) of the Agreement, the Joint Committee shall be composed of the representatives of the Contracting Parties.
            
            
            
               2. The Joint Committee shall be chaired jointly by the Heads of Delegation of the Contracting Parties. 
            
            
            
               Article 2: Meetings
            
            
            
               1. Pursuant to Article 22(3) of the Agreement, the Joint Committee shall meet as and when necessary. Either Contracting Party may request the convening of a meeting. 
            
            
            
               2. The Joint Committee may hold meetings face to face or using other means (e.g. by conference call or videoconference). 
            
            
            
               3. Meetings shall as far as possible take place alternately between a Member State of the European Union and the Kingdom of Morocco, unless otherwise decided by the Contracting Parties.
            
            
            
               4. Once the date and place of meetings have been agreed between the Parties, the meetings shall be convened by the European Commission with regard to the European Union and its Member States and by the ministry responsible for civil aviation with regard to the Kingdom of Morocco.
            
            
         
         
            
               5. Except as otherwise agreed, meetings of the Joint Committee shall not be public. Where appropriate, a press release may be drafted by mutual agreement at the end of the meeting.
            
            
            
            
               Article 3: Delegations
            
            
            
               1. Prior to each meeting, the Heads of Delegation shall inform each other of the intended composition of their delegation for the meeting.
            
            
            
               2. Air transport industry representatives may be invited to participate in meetings as observers, if the Joint Committee so agrees.
            
            
            
               3. The Joint Committee may ask other interested parties or experts to attend its meetings in order to provide information on a particular subject.
            
            
            
               Article 4: Secretariat
            
            
            
               An official of the European Commission and an official of the ministry responsible for civil aviation of the Kingdom of Morocco shall act jointly as secretaries of the Joint Committee.
            
            
            
               Article 5: Agenda of meetings
            
            
            
               1. The Heads of Delegation shall draw up a provisional agenda for each meeting by mutual agreement. This provisional agenda shall be transmitted by the secretaries to the members of the delegation at the latest 15 days before the date of the meeting.
            
            
            
               2. The agenda shall be adopted by the Joint Committee at the beginning of each meeting. Items other than those appearing on the provisional agenda shall be included in the agenda if the Joint Committee so agrees.
            
         
         
            
            
               3. The Heads of Delegation may shorten the time limits specified in paragraph 1 of this Article in order to take account of the requirements or urgency of a particular case.
            
            
            
               Article 6: Minutes
            
            
            
               1. Draft minutes of each Joint Committee meeting shall be drawn up after each meeting. They shall indicate the items discussed, any recommendations made and decisions adopted.
            
            
            
               2. Within 1 month of the meeting, the draft minutes shall be submitted by the hosting Head of Delegation to the other Head of Delegation for approval by written procedure.
            
            
            
               3. Once approved, the minutes shall be signed in duplicate by the Heads of Delegation, and one original copy shall be filed by each of the Parties. The Heads of Delegation may decide that signing and exchanging electronic copies satisfies this requirement.
            
            
            
               4. The minutes of meetings of the Joint Committee shall be public, unless otherwise required by one of the Contracting Parties.
            
            
            
               Article 7: Written procedure
            
            
            
               Where necessary and justified, decisions and recommendations of the Joint Committee may be adopted by written procedure. To that end, the Heads of Delegation shall exchange the draft measures on which the opinion of the Joint Committee is requested, and the measures may then be confirmed by exchange of correspondence. Either Contracting Party may, however, request that the Joint Committee be convened to discuss the matter.
            
            
            
            
               Article 8: Decisions and recommendations 
            
            
         
         
            
               1. The Joint Committee shall make its recommendations and take its decisions on the basis of consensus. 
            
            
            
               2. Decisions and recommendations of the Joint Committee shall be entitled ‘Decision’ and ‘Recommendation’ respectively, and followed by a serial number, the date of their adoption and an indication of their subject. 
            
            
            
               3. Decisions and recommendations of the Joint Committee shall be signed by the Heads of Delegation and attached to the minutes. 
            
            
            
               4. Decisions adopted by the Joint Committee shall be implemented by the Contracting Parties in accordance with their own internal procedures.
            
            
            
               5. Decisions adopted by the Joint Committee may be published by the Contracting Parties in their respective official publication. Each Contracting Party shall decide on the publication of any other act adopted by the Joint Committee. An original copy of the decisions and recommendations shall be filed by each of the Contracting Parties.
            
            
            
            
               Article 9: Working groups
            
            
            
               1. The Joint Committee may set up working groups to assist it in its duties. The terms of reference for a working group are included in the annex to the decision establishing the working group.
            
            
            
               2. Working groups shall be composed of representatives of the Contracting Parties.
            
            
            
               3. Working groups shall work under the authority of the Joint Committee, to which they shall report after each of their meetings. They shall not take decisions but may make recommendations to the Joint Committee.
            
            
            
               4. The Joint Committee may decide at any time to abolish any existing working group, to amend their terms of reference or to establish new working groups to assist it in its duties.
            
         
         
            
            
               Article 10: Use of languages
            
            
            
               The official languages of the Joint Committee shall be the official languages of the Parties.
            
            
            
               Article 11: Expenses
            
            
            
               1. The Contracting Parties shall each defray the expenses they incur by reason of their participation in the meetings of the Joint Committee and working groups, both with regard to staff, travel and subsistence expenditure and to postal and telecommunications expenditure.
            
            
            
               2. Expenditure relating to the material organisation of meetings shall be borne by the Party hosting the meetings.
            
            
            
               Article 12: Amendments to the rules of procedure
            
            
            
               The Joint Committee may, at any time, amend these rules of procedure by a decision taken in accordance with Article 22 of the Agreement.