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Document 52020PC0763
Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union within the Joint Committee established by the Common Aviation Area Agreement between the European Union and its Member States and the Republic of Moldova
Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union within the Joint Committee established by the Common Aviation Area Agreement between the European Union and its Member States and the Republic of Moldova
Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union within the Joint Committee established by the Common Aviation Area Agreement between the European Union and its Member States and the Republic of Moldova
COM/2020/763 final
EUROPEAN COMMISSION
Brussels, 27.11.2020
COM(2020) 763 final
2020/0337(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 Common Aviation Area Agreement between the European Union and its Member States and the Republic of Moldova
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 Common Aviation Area Agreement between the European Union and its Member States and the Republic of Moldova (‘the Agreement’) 1 .
2.Context of the proposal
2.1.The Common Aviation Area Agreement between the European Union and its Member States and the Republic of Moldova
The Agreement aims at creating a Common Aviation Area (CAA) based on opening access to markets of the Parties, with equal conditions of competition, and respect of the same rules, including in the areas of safety, security, air traffic management, social aspects and the environment. The CAA rules should be based on the relevant legislation in force within the European Union, as laid down in Annex III to this Agreement in particular as regards safety, security and air traffic management.
The Agreement entered into force on 2 August 2020.
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.
Its main tasks are to cooperate by: (a) reviewing market conditions affecting air services under the Agreement; (b) addressing and as far as possible effectively resolve ‘doing business’ issues that may, inter alia, hamper market access and smooth operation of services under this Agreement as a means to ensure a level playing field, regulatory convergence and minimising the regulatory burden of commercial operators; (c) 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), competitive environment and consumer protection; (d) 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; (e) considering potential areas for the further development of the Agreement, including the recommendation of amendments to the Agreement; (f) agreeing, on the basis of consensus, on proposals, approaches or documents of a procedural nature directly related to the functioning of the Agreement; (g) considering and developing technical assistance in the areas covered by the Agreement; and (h) fostering cooperation in relevant international fora.
Additionally, in accordance with Article 6 (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 (3) 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(3) of the Agreement, the rules of procedure underpinning the organisation and functioning 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 aim at 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.
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 the Common Aviation Area Agreement between the European Union and its Member States and the Republic of Moldova.
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.
2020/0337 (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 Common Aviation Area Agreement between the European Union and its Member States and the Republic of Moldova
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 Common Aviation Area Agreement between the European Union and its Member States and the Republic of Moldova (‘the Agreement’) was concluded by the Union by means of Council Decision (EU) 2020/951 2 and entered into force on 2 August 2020.
(2)Article 22 of the Agreement establishes a Joint Committee to ensure the administration and proper implementation of the Agreement.
(3)Article 22(3) 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 attached draft Joint Committee 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 Common Aviation Area Agreement between the European Union and its Member States and the Republic of Moldova, 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
EUROPEAN COMMISSION
Brussels, 27.11.2020
COM(2020) 763 final
ANNEX
to the
Proposal for a Council Decison
on the position to be taken by European Union within the Joint Committee established by the Common Aviation Area Agreement between the European Union and its Member States and the Republic of Moldova
DECISION No 1/ [year] OF THE EU-MOLDOVA JOINT COMMITTEE ESTABLISHED BY THE COMMON AVIATION AREA AGREEMENT BETWEEN THE EUROPEAN UNION AND ITS MEMBER STATES AND THE REPUBLIC OF MOLDOVA
of …
adopting its rules of procedure
THE EU-MOLDOVA JOINT COMMITTEE,
Having regard to the Common Aviation Area Agreement between the European Union and its Member States and the Republic of Moldova (‘the Agreement’), and in particular Article 22, paragraph 3, thereof,
HAS DECIDED AS FOLLOWS:
Sole Article
The rules of procedure of the Joint Committee annexed to this Decision are hereby adopted.
Done at …,
For the Joint Committee,
The Head of the European Union Delegation
[name]
The Head of the Republic of Moldova Delegation
[name]
Annex
Rules of Procedure of the Joint Committee
Article 1
Heads of delegation
1. As provided for in Article 22, paragraph1, of the Agreement, the Joint Committee shall be composed of representatives of the Parties.
2. The Joint Committee shall be chaired jointly by the Heads of Delegation of the Parties.
Article 2
Meetings
1. Pursuant to Article 22, paragraph 4, of the Agreement, the Joint Committee shall meet as and when necessary. Either Party may request the convening of a meeting.
2. The Joint Committee shall hold meetings face-to-face, or, exceptionally, via other means (e.g. conference calls or video conferences).
3. Meetings shall take place, as much as possible, in an alternated way between a place in a European Union Member State and the Republic of Moldova, unless agreed otherwise by the Parties.
4. The working language shall be English.
5. Once the date and the place of the meetings have been agreed between the Parties, meetings shall be convened by the European Commission for the European Union and its Member States and by the Ministry in charge of air transport for the Republic of Moldova.
6. Except as otherwise agreed by the Parties, the meetings of the Joint Committee shall not be public. If necessary, 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 delegations for the meeting.
2. Air transport industry stakeholder representatives may be invited to attend meetings as observers, if the Joint Committee so agrees.
3. The Joint Committee may invite, if so agreed, other interested parties or experts to attend its meetings in order to provide information on particular subjects.
Article 4
Secretariat
An official of the European Commission and an official of the Ministry in charge of air transport of the Republic of Moldova shall act jointly as secretaries of the Joint Committee.
Article 5
Agenda of the meetings
1. The Heads of Delegation shall establish the provisional agenda of each meeting by mutual agreement. This provisional agenda shall be transmitted by the secretaries to the members of the delegations at the latest fifteen 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 may be included in the agenda if the Joint Committee so agrees.
3. The Heads of Delegation may shorten the time limit specified in paragraph 1 of this Article in order to take account of the requirements or urgency of a particular matter.
Article 6
Minutes
1. Draft Minutes of each Joint Committee meeting shall be drawn up after each meeting. They shall indicate the items discussed and any recommendations made and decisions adopted.
2. Within one month following the meeting, the draft Minutes shall be submitted by the hosting Head of Delegation to the other Head of Delegation, via the Joint Committee secretaries, for approval by written procedure.
3. When 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 the Joint Committee meetings shall not be public unless otherwise requested by one of the Parties.
Article 7
Written procedure
Where necessary and duly motivated, decisions and recommendations of the Joint Committee may be adopted through written procedure. To that end, the Heads of Delegation shall exchange the draft measures on which the opinion of the Joint Committee is requested, which may then be confirmed by exchange of correspondence. Any Party may however request that the Joint Committee be convened to discuss the matter.
Article 8
Deliberations
1. The Joint Committee shall make its recommendations and take decisions on the basis of consensus.
2. 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.
3. The decisions and recommendations of the Joint Committee shall be signed by the Heads of Delegation and attached to the Minutes.
4. The decisions adopted by the Joint Committee shall be implemented by the Parties in accordance with their own internal procedures.
5. The decisions adopted by the Joint Committee may 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 original copy of the decisions and recommendations shall be filed by each of the Parties.
Article 9
Working Groups
1. The Joint Committee may set up working groups to assist the Joint Committee in carrying out its duties. Terms of reference for a working group shall be approved by the Joint Committee and be included in an Annex to the decision setting up the working group.
2. The working groups shall be composed of representatives of the Parties.
3. The 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 at any time decide to abolish existing working groups, modify their terms of reference or establish new working groups to assist it in carrying out its duties.
Article 10
Expenses
1. The Parties shall each defray the expenses related to their participation in the meetings of the Joint Committee and of working groups, both in respect of staff, travelling and subsistence expenditure and of postal and telecommunications costs.
2. Any other expenditure relating to the material organisation of meetings shall be borne by the Party hosting the meeting.
Article11
Amendments of 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.