(1)

The Commission has negotiated on behalf of the European Community and its Member States, the Air Transport Agreement between the European Community and its Member States, of the one part, and Canada, of the other part (the ‘Agreement’) in accordance with the Council Decision authorising the Commission to open negotiations.

(2)

The Agreement was signed on 17 and 18 December 2009, subject to its conclusion at a later date, in accordance with Decision 2010/417/EC of the Council and the Representatives of the Governments of the Member States of the European Union meeting within the Council (2).

(3)

The Agreement has been ratified by all Member States, except for the Republic of Croatia. It is intended that the Republic of Croatia will accede to the Agreement in accordance with Article 6(2) of the 2011 Act of Accession.

(4)

The Agreement should now be approved on behalf of the Union.

(5)

Articles 3 and 4 of Decision 2010/417/EC contain provisions on decision making and representation with regard to various matters set out in the Agreement. In view of the judgment of the Court of Justice of the European Union 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, such as those set out in Article 5 of Decision 2010/417/EC. Consequently, Articles 3, 4 and 5 of Decision 2010/417/EC should cease to apply at the date of entry into force of this Decision,

(1)

On 14 September 2012, the Council authorised the Commission to open negotiations, on behalf of the Union, its Member States and the Republic of Croatia, to conclude a Protocol amending the Agreement on Air Transport between Canada and the European Community and its Member States (1), to take account of the accession to the European Union of the Republic of Croatia (‘the Protocol’).

(2)

Those negotiations were successfully completed on 16 October 2013.

(3)

The Protocol should be signed on behalf of the Union and its Member States, subject to its conclusion at a later date,

(1)

In accordance with Council Decision (EU) 2019/703 (2), the Protocol amending the Agreement on Air Transport between Canada and the European Community and its Member States (3), to take account of the accession to the European Union of the Republic of Croatia (‘the Protocol’) has been signed, subject to its conclusion.

(2)

The Protocol should be approved,

(1)

In order to ensure uniform application of the Combined Nomenclature annexed to Council Regulation (EEC) No 2658/87 (2), it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.

(2)

Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific provisions of the Union, with a view to the application of tariff and other measures relating to trade in goods.

(3)

Pursuant to those general rules, the goods described in column (1) of the table set out in the Annex should be classified under the CN code indicated in column (2), by virtue of the reasons set out in column (3) of that table.

(4)

It is appropriate to provide that binding tariff information issued in respect of the goods concerned by this Regulation which does not conform to this Regulation may, for a certain period, continue to be invoked by the holder in accordance with Article 34(9) of Regulation (EU) No 952/2013. That period should be set at three months.

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

(1)

Commission Directive 2008/44/EC (2) included carvone as an active substance in Annex I to Council Directive 91/414/EEC (3).

(2)

Active substances included in Annex I to Directive 91/414/EEC are deemed to have been approved under Regulation (EC) No 1107/2009 and are listed in Part A of the Annex to Commission Implementing Regulation (EU) No 540/2011 (4).

(3)

The approval of the active substance carvone, as set out in Part A of the Annex to Implementing Regulation (EU) No 540/2011, expires on 31 July 2019.

(4)

An application for the renewal of the approval of the active substance carvone was submitted in accordance with Article 1 of Commission Implementing Regulation (EU) No 844/2012 (5) within the time period provided for in that Article.

(5)

The applicant submitted the supplementary dossiers required in accordance with Article 6 of Implementing Regulation (EU) No 844/2012. The application was found to be complete by the rapporteur Member State.

(6)

The rapporteur Member State prepared a renewal assessment report in consultation with the co-rapporteur Member State and submitted it to the European Food Safety Authority (‘the Authority’) and the Commission on 31 May 2017.

(7)

The Authority communicated the renewal assessment report to the applicant and to the Member States for comments and forwarded the comments received to the Commission. The Authority also made the supplementary summary dossier available to the public.

(8)

On 12 July 2018 the Authority communicated to the Commission its conclusion (6) on whether carvone can be expected to meet the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009. The Commission presented an initial draft renewal report for carvone to the Standing Committee on Plants, Animals, Food and Feed on 24 January 2019.

(9)

The applicant was given the opportunity to submit comments on the draft renewal report.

(10)

As regards the new criteria to identify endocrine disrupting properties introduced by Commission Regulation (EU) 2018/605 (7), the conclusion of the Authority indicates that it is highly unlikely that carvone is an endocrine disrupter via the estrogenic, androgenic, thyroidogenic and steroidogenic modalities. Furthermore, the available data and the scientific risk assessment performed by the Authority indicate that carvone is unlikely to have endocrine disruptive effects. Thus, the Commission considers that carvone is not to be considered as having endocrine disrupting properties.

(11)

It has been established with respect to one or more representative uses of at least one plant protection product containing the active substance carvone that the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009 are satisfied.

(12)

The risk assessment for the renewal of the approval of carvone is based on a limited number of representative uses, which however do not restrict the uses for which plant protection products containing carvone may be authorised. It is therefore appropriate not to maintain the restriction to use as a plant growth regulator. It is therefore appropriate to renew the approval of carvone.

(13)

Implementing Regulation (EU) No 540/2011 should therefore be amended accordingly.

(14)

This Regulation should apply from the day after the date of expiry of the approval of the active substance carvone.

(15)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

(1)

Part A of the Annex to Commission Implementing Regulation (EU) No 540/2011 (2) sets out the active substances deemed to have been approved under Regulation (EC) No 1107/2009.

(2)

The approval periods of the active substances famoxadone, flumioxazine and metalaxyl-m were extended until 30 June 2019 by Commission Implementing Regulation (EU) 2018/917 (3). Applications for the renewal of the inclusion of the active substances famoxadone, flumioxazin and metalaxyl-m in Annex I to Council Directive 91/414/EEC (4) were submitted in accordance with Article 4 of Commission Regulation (EU) No 1141/2010 (5).

(3)

The approval periods of the active substances alpha-cypermethrin, beflubutamid, benalaxyl, benthiavalicarb, bifenazate, boscalid, bromoxynil, captan, cyazofamid, desmedipham, dimethoate, dimethomorph, ethephon, etoxazole, fenamiphos, fluoxastrobin, folpet, foramsulfuron, formetanate, methiocarb, metribuzin, milbemectin, Paecilomyces lilacinus strain 251, phenmedipham, phosmet, pirimiphos-methyl, propamocarb, prothioconazole and s-metolachlor were extended until 31 July 2019 by Implementing Regulation (EU) 2018/917.

(4)

The approval period of the active substance diuron was extended until 30 September 2019 by Commission Implementing Regulation (EU) 2018/1262 (6).

(5)

The approval period of the active substance tebuconazole will expire on 31 August 2019 (7).

(6)

Applications for the renewal of the approvals of the substances referred to in recitals 3 to 5 were submitted in accordance with Commission Implementing Regulation (EU) No 844/2012 (8).

(7)

Due to the fact that the assessment of the substances has been delayed for reasons beyond the control of the applicants, the approvals of those active substances are likely to expire before a decision has been taken on their renewal. It is therefore necessary to extend their approval periods.

(8)

In view of the aim of the first paragraph of Article 17 of Regulation (EC) No 1107/2009, as regards cases where the Commission is to adopt a Regulation providing that the approval of an active substance referred to in the Annex to this Regulation is not renewed because the approval criteria are not satisfied, the Commission is to set the expiry date at the same date as before this Regulation or at the date of the entry into force of the Regulation providing that the approval of the active substance is not renewed, whichever date is later. As regards cases where the Commission is to adopt a Regulation providing for the renewal of an active substance referred to in the Annex to this Regulation, the Commission will endeavour to set, as appropriate under the circumstances, the earliest possible application date.

(9)

Implementing Regulation (EU) No 540/2011 should therefore be amended accordingly.

(10)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

(1)

Directive 2003/87/EC provides that auctioning of greenhouse gas emission allowances is the basic principle within the scope of the system for greenhouse gas emission allowance trading within the Union (EU ETS).

(2)

The European Council of October 2014 considered that free allocation should not expire and that existing measures should continue after 2020 to prevent the risk of carbon leakage due to climate policy, as long as no comparable efforts are undertaken in other major economies. To preserve the environmental benefit of emission reductions in the Union while measures by third countries do not provide industry with comparable incentives to reduce emissions, transitional free allocation should continue to installations in sectors and subsectors at risk of carbon leakage.

(3)

Experience gathered during the operation of the EU ETS has confirmed that sectors and subsectors are at risk of carbon leakage to varying degrees, and that free allocation has prevented carbon leakage. While some sectors and subsectors can be deemed to be at a higher risk of carbon leakage, others are able to pass on a considerable share of the costs of allowances to cover their emissions in product prices without losing market share, and only bear the remaining part of the costs so that they are at a low risk of carbon leakage. To address the risk of carbon leakage, paragraph 5 of Article 10b of Directive 2003/87/EC provides that the Commission is to determine a list of sectors and subsectors deemed to be at risk of carbon leakage list. Those sectors and subsectors are to receive free allowances at 100 % of the quantity determined pursuant to Article 10a of Directive 2003/87/EC.

(4)

By its Decision 2014/746/EU (2), the Commission determined a carbon leakage list for the period 2015 to 2019. By Directive (EU) 2018/410 of the European Parliament and of the Council (3), the validity of the carbon leakage list was extended until 31 December 2020.

(5)

Article 10b of Directive 2003/87/EC sets out the criteria for the assessment based on data from the three most recent calendar years available. In this regard, the Commission used data from the years 2013, 2014 and 2015 since, at the time of the assessment, data from 2016 were only available for some of the parameters.

(6)

In order to establish the carbon leakage list for 2021-2030, the Commission assessed the risk of carbon leakage of sectors and subsectors at NACE-4 level of the statistical classification of economic activities in the Union in accordance with Regulation (EC) No 1893/2006 of the European Parliament and of the Council (4). NACE-4 is the level with optimal data availability defining sectors precisely. A sector is denoted at a 4-digit level of the NACE classification, and a subsector is denoted at Prodcom-6 or 8-digit level, that is, the classification of goods used for statistics on industrial production in the Union, following directly from the NACE classification.

(7)

The carbon leakage assessment was carried out in two steps. For the quantitative first-level assessment at NACE-4 level, a sector is deemed to be at risk of carbon leakage if the ‘carbon leakage indicator’ exceeds the 0,2 threshold set out in Article 10b(1) of Directive 2003/87/EC. For a limited number of cases meeting clearly established eligibility criteria specified in paragraphs 2 and 3 of Article 10b of Directive 2003/87/EC, a ‘second-level assessment’ was carried out, either as a qualitative assessment with specified criteria or as a quantitative assessment at a disaggregated level.

(8)

In accordance with Article 10b of Directive 2003/87/EC, the carbon leakage indicator was calculated by multiplying the sector's intensity of trade with third countries by the sector's emission intensity.

(9)

In accordance with Article 10b of Directive 2003/87/EC, intensity of trade with third countries was calculated as the ratio between total value of exports to third countries plus the value of imports from third countries and the total market size for the European Economic Area (annual turnover plus total imports from third countries). The Commission assessed the trade intensity for each sector and subsector on the basis of data reported by Eurostat in the Comext database. The Commission considers this to be the most complete and reliable data on the total values of exports to third countries and imports from third countries as well as on the total annual turnover in the Union.

(10)

Emission intensity was calculated as the sum of direct and indirect emissions for the sector concerned, divided by the gross value added and is measured in kg CO2 divided by euros. The Commission considers the European Union Transaction Log to be the most accurate and transparent source of CO2 emissions data at installation level and have therefore been used to calculate the direct emissions for sectors. Installations have been attributed to sectors at NACE-4 level based on installation-level information provided by Member States in the national implementation measures submitted pursuant to Article 11 of Directive 2003/87/EC and Commission Decision 2011/278/EU (5). Regarding the estimation of gross value added at sectoral level, data from the Eurostat structural business statistics have been used as it is considered to be the most accurate source.

(11)

In order to determine indirect emissions, data on electricity consumption collected directly from Member States is considered to be the most reliable source due to unavailability of data at EU-28 level. The electricity emission factor is used to convert electricity consumption into indirect emissions. The Commission used the average EU electricity generation mix as the reference value. This is based on the Union overall annual amount of emissions from the power sector accounting for all generation sources for electricity in Europe divided by the corresponding amount of electricity generation. The electricity emission factor has been updated to take into account decarbonisation of the electricity system and the increasing share of renewables. The new value should be referenced to 2015 which is aligned with the data for the three most recent calendar years available (2013-2015). The updated value is 376 grams of carbon dioxide per kWh.

(12)

Articles 10b(2) and (3) of Directive 2003/87/EC provide detailed rules for eligibility of specific sectors and subsectors for a second assessment, in case they fail to meet the main carbon leakage criterion for inclusion on the carbon leakage list. In cases where the carbon leakage indicator was between 0,15 and 0,2, a qualitative assessment may have been requested by a sector to be carried out according to the criteria outlined in Article 10b(2) of that Directive. In accordance with Article 10b(3) sectors and subsectors with an emission intensity exceeding 1,5 were eligible to apply for either a qualitative assessment or a quantitative assessment at disaggregated level (Prodcom-6 or 8-digit level). Sectors and subsectors for which free allocation is calculated on the basis of the refineries benchmarks were also eligible to apply for both types of assessments. Those sectors and subsectors which are listed in point 1.2 of the Annex to Decision 2014/746/EU were eligible to submit applications for a quantitative assessment at a disaggregated level.

(13)

An online consultation was conducted from November 2017 to February 2018, during which stakeholders were invited to provide views on the methodological choices for determining the carbon leakage list. Respondents were generally in favour of second-level assessments that would be as robust, fair and transparent as the first-level quantitative assessments, and expressed support for a uniform assessment framework that involves stakeholders. Four meetings took place to prepare the carbon leakage list and further work regarding the assessments to be carried out with Member States and with stakeholders between February and May 2018.

(14)

An impact assessment was conducted (6) to ensure that first-level assessments and second-level assessments for the carbon leakage list 2021-2030 are carried out in a comparable manner, i.e. that both assessments ensure that only sectors at risk of carbon leakage are identified. The impact assessment focused on the operational options related to the second-level assessment framework.

(15)

A preliminary carbon leakage list for 2021-2030 (7) was published on 8 May 2018, together with Commission framework guidance documents for qualitative and disaggregated quantitative assessments (8).

(16)

Assessments based on the criteria set out in Articles 10b(2) and (3) of Directive 2003/87/EC have been carried out on a number of sectors that were not deemed to be at risk of carbon leakage based on the quantitative criteria set out in Article 10b(1).

(17)

The Commission assessed a total of 245 industrial sectors classified under the ‘Mining and quarrying’ and ‘Manufacturing’ divisions of the NACE classification. The sectors and subsectors listed in point 1 of the Annex to this Decision meet the criteria set out in Article 10b(1) of Directive 2003/87/EC and should be deemed to be at risk of carbon leakage.

(18)

Qualitative assessments, based on the criteria set out in Article 10b(2) and 10b(3) of Directive 2003/87/EC have been carried out on a number of sectors. In the case of the sectors: ‘Extraction of salt’ (NACE code 0893), ‘Finishing of textiles’ (NACE code 1330), ‘Manufacture of basic pharmaceutical products’ (NACE code 2110), ‘Manufacture of ceramic household and ornamental articles’ (NACE code 2341), ‘Manufacture of ceramic sanitary fixtures’ (NACE code 2342) and ‘Manufacture of bricks, tiles and construction products, in baked clay’ (NACE code 2332) it was concluded that the addition of those sectors to the carbon leakage list is justified. Those sectors should therefore be deemed to be at risk of carbon leakage for the period 2021-2030.

(19)

In the case of the sector ‘Mining of lignite’ (NACE code 0520), the qualitative assessment that was carried out identified a number of shortcomings, including the fact that the sector cannot be considered to be impacted by direct emission costs and doubts concerning the link made between intra-Union competition from other fuel sources and carbon leakage. Some regional competition from extra-Union lignite power plants was demonstrated, although the Union wide assessment confirms the extremely limited exposure to external competition. It was therefore concluded that the addition of this sector to the list of sectors and subsectors deemed to be exposed to a risk of carbon leakage is not justified.

(20)

Three applications were received from sectors not included in the preliminary carbon leakage list: ‘Extraction of natural gas’ (NACE code 0620), ‘Manufacture of plaster products for construction purposes’ (NACE code 2362) and ‘Casting of light metals’ (NACE code 2453). The assessment of these applications focused on their eligibility to be on the carbon leakage list based on a quantitative first-level assessment at NACE-4 level. The official data used to carry out the first-level assessments were communicated to stakeholders, and were considered as sufficiently robust for the publication of the preliminary carbon leakage list. The Commission has examined the additional information provided by the three sectors in their applications and does not consider that this justifies changing the initial position. Those sectors continue not to be deemed to be at risk of carbon leakage, as the relevant carbon leakage indicators do not exceed the 0,2 threshold set out in Article 10b(1) of Directive 2003/87/EC. Furthermore, these sectors continue not to meet the eligibility criteria for further assessments as set out in Article 10b(2) and 10b(3) of Directive 2003/87/EC.

(21)

Quantitative disaggregated assessments based on the criteria set out in Article 10b(1) and (3) of Directive 2003/87/EC have been carried on a number of subsectors. In the case of the sub sectors: ‘Kaolin and other kaolinic clays’ (Prodcom code 08.12.21), ‘Frozen potatoes, prepared or preserved (including potatoes cooked or partly cooked in oil and then frozen; excluding by vinegar or acetic acid)’ (Prodcom code 10.31.11.30), ‘Dried potatoes in the form of flour, meal, flakes, granules and pellets’ (Prodcom code 10.31.13.00), ‘Concentrated tomato puree and paste’ (Prodcom code 10.39.17.25), ‘Skimmed milk powder’ (Prodcom code 10.51.21), ‘Whole milk powder’ (Prodcom code 10.51.22), ‘Casein’ (Prodcom code 10.51.53), ‘Lactose and lactose syrup’ (Prodcom code 10.51.54), ‘Whey and modified whey in powder, granules or other solid forms, whether or not concentrated or containing added sweetening matter’ (Prodcom code 10.51.55.30), ‘Bakers' yeast’ (Prodcom code 10.89.13.34), ‘Vitrifiable enamels and glazes, engobes (slips) and similar preparations for ceramics, enamelling or glass’ (Prodcom code 20.30.21.50), ‘Liquid lustres and similar preparations; glass frit and other glass in powder; granules or flakes’ (Prodcom code 20.30.21.70) and ‘Open die forged ferrous parts for transmission shafts, camshafts, crankshafts and cranks etc.’ (Prodcom code 25.50.11.34) it was concluded that the addition of those subsectors to the carbon leakage list is justified. Those subsectors should therefore be deemed to be exposed to a risk of carbon leakage for the period 2021-2030.

(22)

In the case of the subsectors ‘Cocoa paste, whether or not defatted’ (Prodcom code 10.82.11), ‘Cocoa butter, fat and oil’ (Prodcom code 10.82.12) and ‘Cocoa powder, not containing added sugar or other sweetening matter’ (Prodcom code 10.82.13), the quantitative disaggregated assessments that were carried out identified a number of deviations from the harmonised methodology leading to risks of significantly overestimating the carbon leakage indicator. It was therefore concluded that the addition of those subsectors to the carbon leakage list is not justified.

(23)

As the carbon leakage list is to be valid for the period 2021-2030, this Decision should apply from 1 January 2021,

(1)

In accordance with Article 6(6) of Regulation (EC) No 551/2004, Member States entrusted Eurocontrol with the performance of air traffic flow management, through the implementation of the Central Flow Management Unit (CFMU).

(2)

By its Decision C(2011) 4130 final of 7 July 2011, the Commission appointed Eurocontrol as Network Manager to perform the tasks necessary for the execution of the ATM network functions of the single European sky between July 2011 and December 2019.

(3)

The Commission regularly reviewed the effectiveness of the manner in which Eurocontrol performed those tasks in the period between 2011 and 2016. The Commission concluded that Eurocontrol had done so in a manner, which is satisfactory from an operational perspective.

(4)

In 2017, the Commission reviewed the governance, financial arrangements, and cost-base and cost-efficiency aspects of the ATM network functions and concluded that the Network Manager should benefit from greater management autonomy. The Director-General of Eurocontrol granted the Director Network Manager, which performs the tasks of the Network Manager at Eurocontrol, such autonomy by Decision No XI/91 (2017) of 1 November 2017 (2).

(5)

The Commission also concluded that the ATM network functions should be performed in an enhanced and more cost-efficient manner than in the 2011-2016 period, in particular by avoiding any duplication of effort, thus requiring fewer, or at least not more, financial and human resources for performing those functions in the Member States.

(6)

Considering the overall positive assessment of the performance in a cost-efficient manner of the tasks of the Network Manager by Eurocontrol in the first and second reference period of the performance scheme as set out in Article 8 of Commission Implementing Regulation (EU) No 390/2013 (3), as well as the need to ensure business continuity in the performance of the ATM network functions, the Commission invited, on 17 July 2018, Eurocontrol to put forward a proposal. The Commission requested Eurocontrol to specify its willingness and ability to be again appointed as Network Manager, in accordance with the criteria provided for in Article 6(2) of Regulation (EC) No 551/2004. In that respect, it also requested Eurocontrol to describe how it would meet the conditions set in Article 4(3) of Commission Implementing Regulation (EU) 2019/123 (4), and to outline how, once appointed, it would meet the requirements as defined in Article 4(4) of that Regulation.

(7)

In its proposal submitted on 17 December 2018, Eurocontrol submitted information regarding the requirements set out in Article 4(3) and 4(4) of Implementing Regulation (EU) 2019/123.

(8)

Following a subsequent request made by the Commission, Eurocontrol provided additional clarifications.

(9)

The Commission has assessed the elements presented by Eurocontrol and found that the requirements set out in Article 4(3) of Implementing Regulation (EU) 2019/123 are met.

(10)

In its proposal, referring notably to the results it had achieved in its capacity as Network Manager during the first and second reference periods, Eurocontrol addresses the issues referred to in point (a) of Article 4(3) of Implementing Regulation (EU) 2019/123. The proposal demonstrates its competence and ability to perform the tasks set out in Article 7 of that Regulation.

(11)

In accordance with Article 4(3)(b) of Implementing Regulation (EU) 2019/123, Eurocontrol described in its proposal in a qualitative and quantitative manner the main objectives it plans to achieve with regard to the management of network functions and how it will ensure a good quality of the services it provides to operational stakeholders.

(12)

In accordance with Article 4(3)(c) of Implementing Regulation (EU) 2019/123, referring, inter alia, to the lessons learnt of the first and second reference period, Eurocontrol described the approach and means it plans to use to act as Network Manager.

(13)

Where the Network Manager also performs activities other than those relevant to the execution of the network functions, Article 4(3)(d) of Implementing Regulation (EU) 2019/123 requires it to demonstrate that those other activities will be carried out independently from the Network Manager's tasks set out in Article 7. In its proposal, Eurocontrol indicated that the tasks of the Network Manager relevant to the execution of the network functions would be performed by its Network Manager Directorate and that the activities of that part of its organisation would be adequately separated from other activities.

(14)

In addition to fulfilling the requirements of Article 4(3), Eurocontrol proposed to continue improving the cost-efficiency in performing the tasks of the Network Manager over the period of its appointment.

(15)

Eurocontrol should therefore be appointed as Network Manager.

(16)

That appointment should cover both the third and the fourth reference periods, specified in Article 7 of Commission Implementing Regulation (EU) 2019/317 (5), given the investments needed for the deployment of a state-of-art system to support the performance of the ATM network functions and the need to ensure stability and continuity of network operations.

(17)

In accordance with Article 4(4)(a) of Implementing Regulation (EU) 2019/123 the Network Manager should be certified by the European Union Aviation Safety Agency before the start of the third reference period.

(18)

In order to ensure the autonomy of the Network Manager it is important that there is an adequate separation of activities within the organisation appointed as Network Manager. In accordance with point (d) of Article 4(3) of Implementing Regulation (EU) 2019/123, Eurocontrol should therefore carry out its activities as Network Manager independently from any other activity, including in respect of activities related to the work of international organisations.

(19)

In order to ensure fairness in respect of Member States and third countries to whom the Network Manager provides its services, the Network Manager should have appropriate funding and spending arrangements and respect dedicated rules on account management,

(1)

In accordance with Article 323(1) of the Agreement, the Association Committee meeting in Trade configuration (the ‘Trade Committee’) is to, no later than six months from the entry into force of the Agreement, establish a list of individuals who are willing and able to serve as arbitrators.

(2)

The Union has proposed five individuals willing and able to serve as arbitrators, while Ukraine has proposed four. The Union and Ukraine have agreed on five individuals that are not nationals of either Party who are to serve as chairpersons to an arbitration panel.

(3)

In order to avoid further delays in the establishment of the list of individuals willing and able to serve as arbitrators and thereby ensure the proper functioning of the Agreement, in particular of Chapter 14 of Title IV thereof, the Trade Committee should approve that list on the basis of the submitted proposals.

(4)

Ukraine should submit its proposal for a fifth candidate to the Trade Committee as soon as possible,