Explanatory Memorandum to COM(2023)238 - Signing and provisional application of a Protocol amending the Euro-Mediterranean Aviation Agreement with Morocco to take account of the accession to the EU of Croatia - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2023)238 - Signing and provisional application of a Protocol amending the Euro-Mediterranean Aviation Agreement with Morocco to take ... |
|---|---|
| source | COM(2023)238 |
| date | 08-05-2023 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
The Euro-Mediterranean Aviation Agreement between the European Community and its Member States, of the one part, and the Kingdom of Morocco, of the other part, was negotiated on the basis of an authorisation to negotiate granted by the Council on 5 December 2004; the Agreement was signed on 12 December 2006.
The Republic of Croatia acceded to the European Union on 1 July 2013. Pursuant to Article 6(2) of the Act concerning the Conditions of Accession, Croatia undertook to accede to the agreements concluded or signed by the Member States and the Union with one or more third countries or an international organisation, including the Euro-Mediterranean Aviation Agreement with Morocco.
According to the provisions of the above-mentioned Article 6(2), ‘the accession of Croatia to such agreements shall be agreed by the conclusion of a protocol to such agreements between the Council, acting unanimously on behalf of the Member States, and the third country or countries or international organisations concerned. The Commission [...] shall negotiate these protocols on behalf of the Member States [...]’.
The Commission has negotiated the Protocol amending the Euro-Mediterranean Aviation Agreement between the European Community and its Member States, of the one part, and the Kingdom of Morocco, of the other part.
The Protocol provides for the necessary linguistic adaptations of the Agreement that ensue from the accession of Croatia.
The objective of the present proposal is to obtain a Council decision, based on Article 218(5) of the Treaty on the Functioning of the European Union and Article 6(2) of the Act concerning the Conditions of Accession, authorising the signing of the Protocol on behalf of the Union and the Member States and its provisional application by the Union and the Member States in accordance with Article 4(2) thereof, subject to its conclusion at a later date.
• Consistency with existing policy provisions in the policy area
The provisions of the Protocol supplement the provisions of the Euro-Mediterranean Aviation Agreement between the European Community and its Member States, of the one part, and the Kingdom of Morocco, of the other part, to take account of the accession of Croatia to the European Union. That Protocol allows Croatia to honour its obligations under Article 6(2) of the Act concerning the Conditions of Accession
• Consistency with other Union policies
The Agreement with Morocco was the first comprehensive air transport agreement signed with a non-EU partner of the Union. That Agreement is an important element of the Union’s external aviation policy and is one of several Euro-Mediterranean aviation agreements, which the Union has since signed also with Israel and Jordan. The Aviation Agreement with Morocco has made it possible to nearly triple, in absolute terms, connectivity between that country and the Union. This Protocol will enable Croatia to enjoy these benefits in the same way as other Member States currently do.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
Article 100(2) and Article 218(5) of the Treaty on the Functioning of the European Union, in conjunction with Article 6(2) of the Act of Accession.
• Subsidiarity (for non-exclusive competence)
The Protocol amends an agreement between the European Union (and its Member States) and a third country. It must therefore be signed at Union level.
• Proportionality
This is the standard procedure for recording the accession of a new Member State to an agreement concluded by the Union (and its Member States). The scope of the Protocol is strictly limited to the question of Croatia’s accession to the Aviation Agreement with Morocco.
• Choice of the instrument
International agreement.
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• Ex-post evaluations/fitness checks of existing legislation
Not applicable
• Stakeholder consultations
Not applicable
• Collection and use of expertise
Not applicable
• Impact assessment
Not applicable
• Regulatory fitness and simplification
Not applicable
• Fundamental rights
Not applicable
4. BUDGETARY IMPLICATIONS
The proposal has no impact on the Union budget.
5. OTHER ELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
Not applicable
• Explanatory documents (for directives)
Not applicable
• Detailed explanation of the specific provisions of the proposal
The Council is invited to approve the Protocol amending the Euro-Mediterranean Aviation Agreement between the European Community and its Member States, of the one part, and the Kingdom of Morocco, of the other part.
Article 1 authorises the signature of the Agreement on behalf of the Union and its Member States.
Article 2 specifies the procedure for designating the person(s) authorised to sign the Agreement.
Article 3 provides for the provisional application of the Protocol.