Decision 2010/465 - 2010/465/EU: Decision of the Council and the Representatives of the Governments of the Member States of the EU, meeting within the Council of 24 June 2010 on the signing and provisional application of the Protocol to Amend the Air Transport Agreement with the USA

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1.

Current status

This decision has been published on August 25, 2010 and entered into force on June 24, 2010.

2.

Key information

official title

2010/465/EU: Decision of the Council and the Representatives of the Governments of the Member States of the European Union, meeting within the Council of 24 June 2010 on the signing and provisional application of the Protocol to Amend the Air Transport Agreement between the United States of America, of the one part, and the European Community and its Member States, of the other part
 
Legal instrument Decision
Number legal act Decision 2010/465
Original proposal COM(2010)209 EN
CELEX number i 32010D0465

3.

Key dates

Document 24-06-2010
Publication in Official Journal 25-08-2010; Special edition in Croatian: Chapter 11 Volume 117,OJ L 223, 25.8.2010
Effect 01-01-1001; Application Provisional application See Art 1
24-06-2010; Entry into force Date of document
End of validity 31-12-9999

4.

Legislative text

25.8.2010   

EN

Official Journal of the European Union

L 223/1

 

DECISION OF THE COUNCIL AND THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION, MEETING WITHIN THE COUNCIL

of 24 June 2010

on the signing and provisional application of the Protocol to Amend the Air Transport Agreement between the United States of America, of the one part, and the European Community and its Member States, of the other part

(2010/465/EU)

THE COUNCIL OF THE EUROPEAN UNION AND THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES, MEETING WITHIN THE COUNCIL,

Having regard to the Treaty on the Functioning of the European Union and in particular Article 100(2), in conjunction with Article 218(5) and the first subparagraph of Article 218(8) thereof,

Having regard to the proposal from the European Commission,

Whereas:

 

(1)

The Air Transport Agreement between the United States of America, of the one part, and the European Community and its Member States, of the other part, signed on 25 and 30 April 2007 (hereinafter, the ‘Agreement’), included an obligation on both Parties to enter into second stage negotiations.

 

(2)

As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community.

 

(3)

The Commission has negotiated on behalf of the Union and of the Member States a protocol to amend the Agreement (hereinafter, the ‘Protocol’) in accordance with Article 21 of that Agreement.

 

(4)

The Protocol was initialled on 25 March 2010.

 

(5)

The Protocol is fully consistent with the Union legislation, particularly with the EU Emissions Trading System.

 

(6)

The Protocol negotiated by the Commission should be signed and applied provisionally by the Union and the Member States, to the extent permitted under domestic law, subject to its possible conclusion at a later date.

 

(7)

It is necessary to lay down procedural arrangements for deciding, if appropriate, how to discontinue the provisional application of the Protocol and how to take measures pursuant to Article 21(5) of the Agreement as amended by the Protocol. It is also necessary to lay down procedural arrangements for the suspension of the reciprocal recognition of regulatory determinations with regard to airline fitness and citizenship pursuant to Article 6 bis(2) of the Agreement as amended by the Protocol and for implementing certain provisions of the Agreement, including those concerning the environment pursuant to Article 15(5) of the Agreement as amended by the Protocol,

HAVE ADOPTED THIS DECISION:

Article 1

Signing and provisional application

  • 1. 
    The signing of the Protocol to Amend the Air Transport Agreement between the United States of America, of the one part, and the European Community and its Member States, of the other part (hereinafter the ‘Protocol’) is hereby approved on behalf of the Union, subject to the conclusion of the said Protocol.

The text of the Protocol is attached to this Decision.

  • 2. 
    The President of the Council is hereby authorised to designate the person(s) empowered to sign the Protocol on behalf of the Union, subject to its conclusion.
  • 3. 
    Pending its entry into force, the Protocol shall be applied on a provisional basis by the Union and its Member States, to the extent permitted under domestic law, from the date of signing.
  • 4. 
    A decision to discontinue the provisional application of the Protocol and to give notice thereof to the United States of America in accordance with Article 9(2) of the Protocol, and a decision to withdraw such notice, shall be taken by the Council, on behalf of the Union and of the Member States, acting unanimously in accordance with the relevant Treaty...

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This text has been adopted from EUR-Lex.

5.

Original proposal

 

6.

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