Explanatory Memorandum to COM(2023)239 - Conclusion of a Protocol amending the Euro-Mediterranean Aviation Agreement with Morocco to take account of the accession to the EU of Croatia

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dossier COM(2023)239 - Conclusion of a Protocol amending the Euro-Mediterranean Aviation Agreement with Morocco to take account of the accession to ...
source COM(2023)239
date 08-05-2023


1. CONTEXT OF THE PROPOSAL

• Reasons for and objectives of the proposal

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 organisation 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.

Pursuant to the above-mentioned Article 6(2) and also Article 100(2) and Article 218(5) of the Treaty on the Functioning of the European Union, the signature of the Protocol has been approved by means of a decision of [date] and the Protocol was signed on [date].

The objective of the present proposal is to obtain a Council decision, on the basis of Article 100(2) and Article 218(6)(a) of the Treaty on the Functioning of the European Union (the ‘TFEU’), in conjunction with Article 6(2) of the Act of Accession, on the conclusion of the Protocol on behalf of the Union and the Member States.

• 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 the other Member States currently do.

2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

• Legal basis

Article 100(2) in conjunction with Article 218(6)(a) of the Treaty on the Functioning of the European Union, and the second subparagraph of 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 has been signed at Union level and should also be concluded 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 conclude 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 records the approval of the Protocol on behalf of the Union and its Member States.

Article 2 specifies the procedure for notifying Morocco of the achievement by the Union and its Member States of their internal approval formalities.