CELEX: 52018PC0164
Language: en
Date: 2018-04-05
Title: Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the Joint Committee established by the European Common Aviation Agreement (ECAA) as regards its internal rules of procedure

EUROPEAN COMMISSION
            Brussels, 5.4.2018
            COM(2018) 164 final
            2018/0077(NLE)
            Proposal for a
            COUNCIL DECISION
            on the position to be taken on behalf of the European Union in the Joint Committee established by the European Common Aviation Agreement (ECAA) as regards its internal rules of procedure
            
               
         
         
            
               EXPLANATORY MEMORANDUM
            
            
               1.Subject-matter of the proposal
            
            
               The present proposal concerns the decision establishing the position to be taken on the Union's behalf in the Joint Committee set up by the agreement establishing the European Common Aviation Area in connection with the envisaged adoption of its internal rules of procedure.
            
            
               2.Context of the proposal
            
            
               2.1.The multilateral agreement on the establishment of a European Common Aviation Area (ECAA)
            
            
               The multilateral agreement between the European Community and its Member States, the Republic of Albania, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, the Republic of Iceland, the Republic of Montenegro, the Kingdom of Norway,  the Republic of Serbia and the United nations Interim Administration Mission in Kosovo
                  1
                on the establishment of a European Common Aviation Area  (‘the ECAA Agreement’) aims to create a European Common Aviation Area based on a free market access, freedom of establishment, equal conditions of competition and common rules including in the areas of safety, security, air traffic management, social and environment. The ECAA Agreement entered into force on 1 December 2017.
            
            
               The European Union is a party to the ECAA Agreement
                  2
               . 
            
            
               2.2.The Joint Committee
            
            
               The Joint Committee established in Article 18 of the ECAA Agreement is responsible for the administration of the Agreement and shall ensure its proper implementation, through recommendations and decisions in the cases provided for in the Agreement. The Joint Committee shall act by unanimity. However, it may decide to lay down a majority voting procedure for certain specific issues. The European Commission shall chair the Joint Committee, with the participation of the Member States.
            
            
               2.3.The envisaged acts of the Joint Committee
            
            
               During its first meeting, the Joint Committee is to adopt its internal rules of procedure. 
            
            
               The envisaged act will be adopted in accordance with Article 18(5) of the ECAA Agreement, which provides that the Joint Committee "shall adopt its rules of procedure". 
            
            
               3.Position to be TAKEN ON the Union's behalf
            
            
               The Council is requested to establish the position on the Union's behalf as regards the internal rules of procedure in order to allow the Joint Committee to function properly in accordance with Article 18(5) of the ECAA Agreement.
            
            
               As a Party to the Agreement, the Union has to present its position to ECAA partners during the Joint Committee, allowing proper implementation of the Agreement and fulfilling its commitments.
            
            
               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.’
            
         
         
            
               4.1.2.Application to the present case
            
            
               The Joint Committee is a body set up by an agreement, namely the ECAA Agreement.
            
            
               The act which the Joint Committee is called upon to adopt constitutes an act having legal effects. The envisaged act will be binding under international law in accordance with Article 19 of the ECAA Agreement. 
            
            
               The envisaged act does not supplement or amend the institutional framework of the ECAA Agreement.
            
            
               Therefore, 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
            
            
               Following Article 19 of the ECAA Agreement the decisions of the Joint Committee shall be published in the Official Journal of the European Union after their adoption.
            
            
               
            
            
            
               2018/0077 (NLE)
            
            
               Proposal for a
            
         
         
            
               COUNCIL DECISION
            
            
               on the position to be taken on behalf of the European Union in the Joint Committee established by the European Common Aviation Agreement (ECAA) as regards its internal rules of procedure
            
            
               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 Commission,
            
            
               Whereas:
            
            
               (1)The Multilateral agreement on the establishment of a European Common Aviation Area (‘the ECAA Agreement’) was concluded by the Union by Council Decision 2018/145
                  3
                and entered into force on 1 December 2017. 
            
            
               (2)Pursuant to Article 18(5) of the ECAA Agreement, the Joint Committee shall adopt its rules of procedure.
            
            
               (3)The Joint Committee, during its first meeting scheduled on 3 May 2018, is to adopt the internal rules of procedure in order to allow the Joint Committee to function properly in accordance with Article 18(5) of the ECAA Agreement.
            
            
               (4)It is appropriate to establish the position to be adopted on behalf of the Union in the Joint Committee, as the act to be adopted by the Joint Committee will be legally binding.
            
            
               (5)Pursuant to Article 19(2) of the ECAA agreement, the decisions of the Joint Committee are to be published in the Official Journal of the European Union,
            
            
               HAS ADOPTED THIS DECISION:
            
            
               Article 1
            
            
               The position to be taken on the Union's behalf in the first meeting of the Joint Committee shall be the following:
            
            
               - accept the Joint Committee internal rules of procedure attached in the Annex to this Decision; 
            
            
               Minor changes to the draft Decision of the Joint Committee may be agreed to by the representatives of the Union in the Joint Committee without further decision of the Council.
            
            
               Article 2
            
            
               After its adoption, the acts of the Joint Committee shall be published in the Official Journal of the European Union.
            
            
               Article 3
            
            
               This Decision is addressed to the Commission.
            
         
         
            
               Done at Brussels,
            
            
               
                     For the Council
               
               
                     The President
               
            
         
         
            
                  
                     (1)
                  
                        Pursuant to UN Security Council Resolution 1244 of 10 June 1999
               
               
                  
                     (2)
                  
                        OJ L 26, 31.1.2018, p. 1
               
               
                  
                     (3)
                  
                        OJ L 26, 31.1.2018, p. 1.
               
            
      
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               EUROPEAN COMMISSION
            Brussels,5.4.2018
            COM(2018) 164 final
            ANNEX
            to the
            Proposal for a Council Decision
            on the position to be taken on behalf of the European Union in the Joint Committee established by the European Common Aviation Agreement (ECAA) as regards its internal rules of procedure
            
               
         
         
            
               ANNEX
            
            
               Decision No 1/2018 
            
            
               OF THE ECAA JOINT COMMITTEE 
            
            
               THE ECAA JOINT COMMITTEE,
            
            
               Having regard to the multilateral agreement between the European Community and its Member States, the Republic of Albania, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, the Republic of Iceland, the Republic of Montenegro, the Kingdom of Norway, the Republic of Serbia and the United nations Interim Administration Mission in Kosovo
                  1
                on the establishment of a European Common Aviation Area (‘the ECAA Agreement’), and in particular Article 18 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 Brussels, on … 2018.
            
            
               For the Joint Committee, the Chair
            
            
                  
                     
                     
                     
            
            
                  
                     
                     
                     Carlos Bermejo Acosta
               
            
            
            
               ANNEX
            
            
               RULES OF PROCEDURE OF THE ECAA JOINT COMMITTEE
            
            
            
               Article 1
            
         
         
            
               General provisions
            
            
               1. The ECAA Joint Committee is established in accordance with Article 18 of the Multilateral Agreement between the European Community and its Member States, the Republic of Albania, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, the Republic of Iceland, the Republic of Montenegro, the Kingdom of Norway, the Republic of Serbia and the United nations Interim Administration Mission in Kosovo
                  2
                on the establishment of a European Common Aviation Area (‘the ECAA Agreement’).
            
            
               2. It shall be responsible for the administration of the Agreement and shall ensure its proper implementation.
            
            
               3. In accordance with Article 18(2), the Joint Committee shall consist of representatives of the Contracting Parties.
            
            
               4. In accordance with Article 18(3) the Joint Committee shall act by unanimity. However, the Joint Committee may decide to lay down a majority voting procedure for certain specific issues.
            
            
            
               Article 2
            
            
               Chairmanship
            
            
            
               The Joint Committee shall be chaired alternately by an ECAA Partner and the European Union and its Member States. When chairing a Joint Committee meeting, the European Union and its Member States shall be represented by the European Commission. 
            
            
            
               Article 3
            
            
               Meetings
            
            
            
               1.
                     The Joint Committee shall meet at least once a year and when circumstances require, unless otherwise agreed by the Parties. 
            
            
               2. Each meeting of the Joint Committee shall be held at a date agreed by the Parties.
            
            
               3. If the Parties so agree, the meetings of the Joint Committee may be held by any agreed technological means such as videoconference.
            
            
            
               Article 4
            
            
               Delegations
            
         
         
            
            
               1.
                     Prior to each meeting, the Parties shall be informed through the Secretariat of the Joint Committee of the intended composition of the delegations attending the meeting.
            
            
               2.
                     The Joint Committee may invite non-members to attend its meetings in order to provide information on particular subjects.
            
            
            
               Article 5
            
            
               Secretariat
            
            
            
               An official of the European Commission shall act as Secretary of the Joint Committee.
            
            
            
               Article 6
            
            
               Correspondence
            
            
            
               All correspondence to and from the Chair of the Joint Committee shall be forwarded also to the Secretary. The Secretary shall ensure that correspondence is transmitted to the Parties.
            
            
            
               Article 7
            
            
               Confidentiality
            
            
            
               The Committee's deliberations shall be confidential. When a Party submits information designated as confidential to the Joint Committee, the other Parties shall treat that information as such.
            
            
            
               Article 8
            
         
         
            
               Agenda of the meetings
            
            
            
               1.
                     A provisional agenda for each meeting of the Joint Committee shall be drawn up by the Secretariat on the basis of the proposals made by the Parties. Agenda items shall be supported by relevant documents and submitted no later than 21 calendar days before the meeting.
            
            
               2.
                     The provisional agenda shall be circulated to all Parties no later than 15 calendar days before the meeting.
            
            
            
               3.
                     The agenda shall be adopted by the Joint Committee at the beginning of each meeting.  Any item other than those featuring on the provisional agenda may be added on the agenda if the Parties so agree.
            
            
            
               4.
                     The Chair may shorten the time limit specified in paragraph 1 in order to take account of the requirements or urgency of a particular matter.
            
            
            
               Article 9
            
            
               Minutes and operational conclusions
            
            
            
               1.
                     Draft minutes of each Joint Committee meeting shall be drawn up by the Secretary. They shall indicate the decisions and recommendations taken and the conclusions adopted. 
            
            
            
               2.
                     Within one month following the meeting, the draft minutes shall be submitted to the Joint Committee for approval by written procedure. The minutes may also be adopted by the Committee at its next meeting.
            
            
            
               3.
                     When approved, the minutes shall be signed by the Chair and the Secretary and one copy shall be transmitted to each of the Parties.
            
            
            
               Article 10
            
            
               Decisions and recommendations
            
         
         
            
            
               1.
                     The Joint Committee shall take its decisions and formulate its recommendations by unanimity. However, decisions and recommendations within the meaning of Articles 16, 20 and 28(3) of the ECAA Agreement shall require simple majority.
            
            
               2.
                     The Joint Committee shall be considered as meeting the required quorum only if four South East European Parties and the European Union are represented.
            
            
               3.
                     During the inter-session period, the Joint Committee may take decisions or make recommendations by written procedure. Any Party may request however that the Joint Committee be convened to discuss the matter. The Party which proposes use of the written procedure shall submit the draft instrument to the Secretary who shall transmit it to all Parties. Each Party shall inform the Chair and the Secretary within 15 working days from the receipt of the draft instrument indicating whether or not it accepts the draft, whether it proposes any changes to the draft, or whether it considers that the Joint Committee should be convened to discuss the matter. If the draft is adopted, the Chair shall finalise the decision or the recommendation in accordance with paragraphs 5 and 6 below.
            
            
               4.
                     Abstention by a Party shall not prevent the Joint Committee from taking action provided that there is quorum as required by paragraph 2 of this Section.
            
            
            
               5.
                     The decisions and recommendations of the Joint Committee shall be entitled respectively "Decision" and "Recommendation" and followed by a serial number, by the date of their adoption and by a description of their subject.
            
            
               6.
                     The decisions and recommendations of the Joint Committee shall be signed by the Chair and authenticated by the Secretary.
            
            
               7.
                     The decisions taken by the Joint Committee shall be published by the Parties in their respective official publications. Each Party may decide on the publication of any other act adopted by the Joint Committee. One copy of the decisions and recommendations shall be transmitted to each of the Parties.
            
            
            
            
               Article 11
            
            
               Languages
            
            
            
               1.
                     The official languages of the Joint Committee shall be the official languages of the Parties. However, the Parties shall endeavour, for the sake of efficiency, to use the English language at Joint Committee meetings, for correspondence and for preparing documentation.
            
            
            
               2.
                     The decisions and recommendations of the Joint Committee shall be written in English.
            
            
            
               Article 12
            
            
               Expenses
            
         
         
            
            
               1.
                     Each Party shall bear any expenses it incurs relating to its participation in the meetings of the Joint Committee and of the working parties or groups of experts.
            
            
               2.
                     The Joint Committee shall agree on the breakdown of expenses relating to any missions assigned to experts.
            
            
            
               Article 13
            
            
               Amendment of Rules of Procedure
            
            
            
               These Rules of procedure may be amended in accordance with Article 10.
            
            
            
               Article 14
            
            
               Working Parties
            
            
            
               1.
                     The composition and functioning of the working parties or groups of experts set up in accordance with Article 18(8) of the Agreement shall be agreed, mutatis mutandis, in accordance with the rules applicable to the Joint Committee.
            
            
               2.
                     The working parties or groups of experts shall work under the authority of the Joint Committee, to which they shall report after each of their meetings. They are not authorised to take decisions but may make recommendations for the Committee's attention.
            
            
               3.
                     The Joint Committee may decide to terminate or to amend the mandate of the working parties or groups of experts. 
            
         
         
            
                  
                     (1)
                  
                        Pursuant to UN Security Council Resolution 1244 of 10 June 1999
               
               
                  
                     (2)
                  
                        Pursuant to UN Security Council Resolution 1244 of 10 June 1999