HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 121/16
EN
Official Journal of the European Union
8.5.2012
II
(Non-legislative acts)
INTERNATIONAL AGREEMENTS
COUNCIL DECISION
of 8 March 2012
on the conclusion of a Memorandum of Cooperation between the European Union and the
International Civil Aviation Organization providing a framework for enhanced cooperation, and
laying down procedural arrangements related thereto
(2012/243/EU)
THE COUNCIL OF THE EUROPEAN UNION,
HAS ADOPTED THIS DECISION:
Article 1
Having regard to the Treaty on the Functioning of the European
The Memorandum of Cooperation between the European Union
Union, and in particular Article 100(2), in conjunction with
and the International Civil Aviation Organization providing a
Article 218(6)(a), Article 218(7) and the first subparagraph of
framework for enhanced cooperation is hereby approved on
Article 218(8) thereof,
behalf of the Union ( 1 ).
Article 2
Having regard to the proposal from the European Commission,
The President of the Council is hereby authorised to designate
the person(s) empowered to make the notification provided for
Having regard to the consent of the European Parliament,
in paragraph 9.2 of the Memorandum of Cooperation.
Article 3
Whereas:
The Council shall determine the position to be taken by the
Union in the Joint Committee established under paragraph 7.1
of the Memorandum of Cooperation (the ‘Joint Committee’) as
(1) The
Commission
has
negotiated
a
Memorandum
of regards the adoption of new Annexes to the Memorandum and
Cooperation between the European Union and the Inter
amendments thereto, as referred to in point (c) of paragraph 7.3
national Civil Aviation Organization providing a
of the Memorandum.
framework for enhanced cooperation (the ‘Memorandum
of Cooperation’), in accordance with the mandate
Article 4
adopted by the Council on 17 December 2009 auth
orising the Commission to open negotiations.
1. The
Commission,
after
consultation
with
a
Special

Committee appointed by the Council and taking full account
of its opinion, shall determine the position to be taken by the
Union in the Joint Committee with respect to the decisions
(2)
The Memorandum of Cooperation was signed on behalf
referred to in points (a), (b) and (c) of paragraph 7.3 of the
of the Union on 4 May 2011 and has been provisionally
Memorandum of Cooperation with regard to working arrange
applied from that date, subject to its possible conclusion
ments, and the decisions referred to in points (d) and (e) of
at a later date.
paragraph 7.3 of the Memorandum of Cooperation.
2. The
Commission,
after
consultation
with
the
Special
(3) The
Memorandum
of
Cooperation
should
be
concluded Committee referred to in paragraph 1, may take any appropriate
on behalf of the Union.
action under Articles 4 and 5 of the Memorandum of Cooper
ation.
(4) It
is
necessary
to
lay
down
procedural
arrangements
for 3. The
Union
shall
be
represented
in
the
Joint
Committee
by
the participation of the Union in the Joint Committee
the Commission, assisted by representatives of the Member
established by the Memorandum of Cooperation, the
States.
resolution of disputes, the adoption of additional
Annexes, as well as the amendment of Annexes to the
( 1 ) The Memorandum of Cooperation has been published in OJ L 232,
Memorandum,
9.9.2011, p. 2 together with the decision on signature.

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EN
8.5.2012 Official
Journal
of
the
European
Union L
121/17
4. The Commission shall represent the Union in consultations under Article 8 of the Memorandum of
Cooperation.
Article 5
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 8 March 2012.
For the Council
The President
M. BDSKOV

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