Legal provisions of COM(2012)19 - Signature and provisional application of the Common Aviation Area Agreement with Moldova

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dossier COM(2012)19 - Signature and provisional application of the Common Aviation Area Agreement with Moldova.
document COM(2012)19 EN
date June  7, 2012

Contents

Article 1 - Signature

The signing of the Common Aviation Area Agreement between the European Union and its Member States and the Republic of Moldova is hereby authorised on behalf of the Union, subject to the conclusion of the said Agreement.

The text of the Agreement is attached to this Decision.

Article 2 - Empowerment to sign

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.

Article 3 - Provisional application

Pending its entry into force, the Agreement shall be applied on a provisional basis by the Union and by the Member States, in accordance with their internal procedures and/or domestic legislation as applicable, from the date of signature of the Agreement (1).

Article 4 - Joint Committee

1. The Union and the Member States shall be represented in the Joint Committee established under Article 22 of the Agreement by representatives of the Commission and of the Member States, respectively.

2. The position to be taken by the Union and supported by its Member States within the Joint Committee with respect to matters of exclusive Union competence that do not require the adoption of a decision having legal effect shall be established by the Commission and shall be notified in advance to the Council and the Member States.

3. The position to be taken by the Union and its Member States within the Joint Committee with respect to matters other than those referred to in paragraph 2 that do not require the adoption of a decision having legal effects shall be established jointly by the Commission and the Member States.

4. For Joint Committee decisions having legal effect concerning matters that fall within the exclusive competence of the Union, the position to be taken by the Union and supported by its Member States shall be adopted by the Council, acting by qualified majority on a proposal from the Commission, unless the applicable voting procedures set down in the Treaty on European Union and the Treaty on the Functioning of the European Union provide otherwise.

5. For Joint Committee decisions having legal effect, other than those referred to in paragraph 4, the position to be taken by the Union and its Member States shall be adopted by the Council, acting by qualified majority, on a proposal by the Commission, unless the applicable voting procedures set down in the Treaty on European Union and the Treaty on the Functioning of the European Union provide otherwise, and by the Member States.

Article 5 - Settlement of Disputes

1. The Commission shall represent the Union in dispute settlement proceedings under Article 23 of the Agreement.

2. The decision to suspend the application of benefits pursuant to Article 23(5) of the Agreement shall be taken by the Council, by qualified majority, on the basis of a Commission proposal.

3. Any other appropriate action to be taken under Article 23 of the Agreement on matters which fall within Union competence shall be decided upon by the Commission, in consultation with a Special Committee of representatives of the Member States appointed by the Council.

Article 6 - Information to the Commission

1. Member States shall promptly inform the Commission of any decision to refuse, revoke, suspend or limit the authorisation of an airline of the Republic of Moldova that they intend to adopt under Article 5 of the Agreement.

2. Member States shall promptly inform the Commission of any requests or notifications made or received by them under Article 14 (Aviation Safety) of the Agreement.

3. Member States shall promptly inform the Commission of any requests or notifications made or received by them under Article 15 (Aviation security) of the Agreement.

Article 7 - Entry into force

This Decision shall enter into force on the date of its adoption.