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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(6), point (a), thereof,Having regard to the proposal from the European Commission,Having regard to the consent of the European Parliamentnote,Whereas:
(1)The Air Transport Agreement between the European Community and its Member States, of the one part, and the United States of America, of the other partnote (the ‘Air Transport Agreement’) was signed on 25 and 30 April 2007, further to the adoption of Decision 2007/339/EC of the Council and the Representatives of the Governments of the Member States of the European Union, meeting within the Councilnote. It has been applied provisionally since 30 March 2008 and was concluded by means of Council Decision (EU) 2020/1110note. It entered into force on 29 June 2020. It was amended by the Protocol to amend the Air Transport Agreement between the United States of America and the European Community and its Member States, signed on 25 and 30 April 2007note (the ‘Protocol’), of 24 June 2010, which entered into force on 5 May 2022. The Protocol provides for the accession of third countries to the Air Transport Agreement.
(2)Iceland and Norway are fully integrated members of the single European aviation market through the Agreement on the European Economic Areanote. They formally requested accession to the Air Transport Agreement in 2007. In accordance with Article 18(5) of the Air Transport Agreement, the Joint Committee established thereunder proposed, in its meeting of 16 November 2010, an Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part (the ‘Accession Agreement’).
(3)The Commission negotiated an Ancillary Agreement between the European Union and its Member States, of the first part, Iceland, of the second part, and the Kingdom of Norway, of the third part, on the application of the Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part (the ‘Ancillary Agreement’).
(4)Both the Accession Agreement and the Ancillary Agreement were signed on 21 June 2011, in accordance with Decision 2011/708/EU of the Council and the Representatives of the Governments of the Member States of the European Union, meeting within the Councilnote, and applied provisionally since the date of their signature.
(5)In its judgment of 28 April 2015 in Case C-28/12, Commission v Councilnote (the ‘judgment’), the Court of Justice annulled Decision 2011/708/EU on the grounds that the Council could not legally authorise the signing and the provisional application of the Accession Agreement and the Ancillary Agreement in an act adopted together with the representatives of the Governments of the Member States meeting within the Council. The Court maintained the effects of Decision 2011/708/EU until the entry into force, within a reasonable period from the delivery of the judgment, of a new decision to be adopted by the Council pursuant to Article 218(5) and (8) of the Treaty on the Functioning of the European Union.
(6)In order to comply with the judgment, the Council adopted Decision (EU) 2023/684note on the signing and provisional application of the Accession Agreement and the Ancillary Agreement.
(7)The Accession Agreement and the Ancillary Agreement have been ratified by all Member States, except for the Republic of Croatia. It is intended that the Republic of Croatia will accede to the Accession Agreement and the Ancillary Agreement in accordance with Article 6(2) of the 2011 Act of Accession.
(8)The Accession Agreement and the Ancillary Agreement should be approved,
HAS ADOPTED THIS DECISION:
Article 1#
The Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part (the ‘Accession Agreement’) is hereby approved on behalf of the Unionnote.
Article 2#
The Ancillary Agreement between the European Union and its Member States, of the first part, Iceland, of the second part, and the Kingdom of Norway, of the third part, on the application of the Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part (the ‘Ancillary Agreement’) is hereby approved on behalf of the Unionnote.
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