Decision 2009/97 - 2009/97/EC: Council Decision of 24 July 2008 on the signing and provisional application of a Memorandum of Cooperation with the International Civil Aviation Organisation regarding security audits/inspections and related matters - Main contents
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official title
2009/97/EC: Council Decision of 24 July 2008 on the signing and provisional application of a Memorandum of Cooperation between the International Civil Aviation Organisation and the European Community regarding security audits/inspections and related matters| Legal instrument | Decision |
|---|---|
| Number legal act | Decision 2009/97 |
| Original proposal | COM(2008)335  |
| CELEX number i | 32009D0097 |
| Document | 24-07-2008 |
|---|---|
| Publication in Official Journal | 05-02-2009; OJ L 36, 5.2.2009,Special edition in Croatian: Chapter 07 Volume 026 |
| Effect | 24-07-2008; Entry into force Date of document |
| End of validity | 31-12-9999 |
5.2.2009 |
EN |
Official Journal of the European Union |
L 36/18 |
COUNCIL DECISION
of 24 July 2008
on the signing and provisional application of a Memorandum of Cooperation between the International Civil Aviation Organisation and the European Community regarding security audits/inspections and related matters
(2009/97/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 80(2), in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) |
The Council authorised the Commission on 30 November 2007 to open negotiations on an agreement regarding aviation security audits/inspections and related matters between the European Community and the International Civil Aviation Organisation (ICAO). |
(2) |
On behalf of the Community, the Commission has negotiated a Memorandum of Cooperation with ICAO regarding security audits/inspections and related matters in accordance with the directives set out in Annex I, and the ad hoc procedure set out in Annex II, of the Council Decision authorising the Commission to open negotiations. |
(3) |
Subject to its possible conclusion at a later date, the Memorandum should be signed and provisionally applied, |
HAS DECIDED AS FOLLOWS:
Article 1
The signing of the Memorandum of Cooperation between the International Civil Aviation Organisation and the European Community regarding security audits/inspections and related matters is hereby approved on behalf of the Community, subject to the Council Decision concerning the conclusion of the said Memorandum.
The text of the Memorandum is attached to this Decision.
Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Memorandum on behalf of the Community subject to its conclusion.
Article 3
Subject to reciprocity, the Memorandum shall be applied on a provisional basis as from the signature thereof, pending the completion of the procedures for its formal conclusion.
Done at Brussels, 24 July 2008.
For the Council
The President
-
B.HORTEFEUX
MEMORANDUM OF COOPERATION
between the European Communuty and the International Civil Aviation Organisation regarding security audits/inspections and related matters
THE INTERNATIONAL CIVIL AVIATION ORGANISATION (ICAO),
and
THE EUROPEAN COMMUNITY (EC),
hereinafter referred to as ‘the Parties’,
RECALLING the Convention on International Civil Aviation signed at Chicago on 7 December 1944 (hereinafter referred to as the Chicago Convention) and in particular Annex 17 thereto (hereinafter referred to as Annex 17),
BEARING IN MIND ICAO Assembly Resolution A35-9, which directed the Secretary General to continue the ICAO Universal Security Audit Programme (USAP), comprising regular, mandatory, systematic and harmonised security audits of all Contracting States to the Chicago Convention (hereinafter referred to as the Contracting States),
RECALLING Regulation (EC) No 2320/2002 of the European Parliament and of the Council of 16 December 2002 establishing common rules in the field of civil aviation security (1), (hereinafter referred to as Regulation (EC) No 2320/2002), and Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 (2), (hereinafter referred to as Regulation (EC) No 300/2008) which will replace Regulation (EC) No 2320/2002 upon the adoption of the necessary implementing measures,
NOTING Commission Regulation (EC) No 1486/2003 of 22 August 2003 laying down procedures for conducting Commission inspections in the field of civil aviation security (3), and in particular Article 16 thereof establishing that the European...
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