2012/639/: Decision of the Council and of the Representatives of the Governments of the Member States, meeting within the Council of 7 June 2012 on the signing and provisional application of the Common Aviation Area Agreement with Moldova - Main contents
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official title
2012/639/: Decision of the Council and of the Representatives of the Governments of the Member States, meeting within the Council of 7 June 2012 on the signing, on behalf of the Union, and provisional application of the Common Aviation Area Agreement between the European Union and its Member States and the Republic of Moldova| Legal instrument | Decision |
|---|---|
| Original proposal | COM(2012)19  |
| CELEX number i | 42012D0639 |
| Document | 07-06-2012 |
|---|---|
| Publication in Official Journal | 20-10-2012; OJ L 292, 20.10.2012,Special edition in Croatian: Chapter 07 Volume 025 |
| Effect | 07-06-2012; Entry into force Date of document See Art 7 |
| End of validity | 31-12-9999 |
20.10.2012 |
EN |
Official Journal of the European Union |
L 292/1 |
DECISION OF THE COUNCIL AND OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES, MEETING WITHIN THE COUNCIL
of 7 June 2012
on the signing, on behalf of the Union, and provisional application of the Common Aviation Area Agreement between the European Union and its Member States and the Republic of Moldova
(2012/639/EU)
THE COUNCIL OF THE EUROPEAN UNION AND THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION, 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 Article 218(8), first paragraph thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) |
The Commission has negotiated on behalf of the Union and of the Member States a Common Aviation Area Agreement between the European Union and its Member States and the Republic of Moldova (the ‘Agreement’) in accordance with the Decision of the Council and of the Representatives of the Governments of the Member States of the European Union, meeting within the Council of 16 June 2011 authorising the Commission to open negotiations. |
(2) |
The Agreement was initialled on 26 October 2011. |
(3) |
The Agreement should be signed and provisionally applied, subject to its conclusion. |
(4) |
Since the Agreement contains elements of both Union and Member States’ competence, in order to ensure close cooperation and unity in international relations, this Decision should be adopted jointly by the Council and the Member States. In addition, this Decision also aims to ensure a uniform application in respect of the Joint Committee set up under Article 22 of the Agreement. |
(5) |
The rules envisaged to ensure such close cooperation and unity should include clear guidance for representation ‘on the spot’, inter alia, by confirming the necessity of a joint and common approach. In the context of a mixed agreement, these rules should still fully respect Union procedures also as regards the establishment of the Union position and the representation of the Union within the Joint Committee, |
HAVE ADOPTED THIS DECISION:
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
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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.
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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.
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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...
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