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19.10.2011 Official
Journal
of
the
European
Union
L
273/1
II
(Non-legislative acts)
INTERNATIONAL AGREEMENTS
COUNCIL DECISION
of 26 September 2011
on the conclusion of an Agreement between the European Union and the Government of the
Federative Republic of Brazil on civil aviation safety
(2011/694/EU)
THE COUNCIL OF THE EUROPEAN UNION,
HAS ADOPTED THIS DECISION:
Having regard to the Treaty on the Functioning of the European
Article 1
Union, and in particular Article 100(2) and the first
subparagraph of Article 207(4), in conjunction with
1. The
Agreement
between
the
European
Union
and
the
Article 218(6)(a) and Article 218(7) and the first subparagraph
Government of the Federative Republic of Brazil on civil
of Article 218(8), thereof,
aviation safety (‘the Agreement’) is hereby approved on behalf
of the Union.
Having regard to the proposal from the European Commission,
2. The text of the Agreement is attached to this Decision.
Having regard to the consent of the European Parliament,
Article 2
Whereas:
The President of the Council is hereby authorised to designate
the person(s) empowered to make the notification provided in
(1) The
Commission
has
negotiated,
on
behalf
of
the
European Union, an Agreement on civil aviation safety
Article 16(1) of the Agreement.
with the Government of the Federative Republic of Brazil
in accordance with the Council Decision authorising the
Article 3
Commission to open negotiations.
1. The
Union
shall
be
represented
in
the
Joint
Committee
of
the Parties established in Article 9 of the Agreement by the
(2) The
Agreement
between
the
European
Union
and
the
Government of the Federative Republic of Brazil on
European Commission assisted by the European Aviation
civil aviation safety (‘the Agreement’) was signed on
Safety Agency and accompanied by the Aviation Authorities
14 July 2010, subject to its conclusion in accordance
as representatives of the Member States.
with Council Decision 2010/489/EU ( 1 ).
2. The
Union
shall
be
represented
in
the
Joint
Sectorial
(3) The
Agreement
should
be
approved.
Committee on Certification provided for in paragraph 2.1.1 of
Annex A to the Agreement and in the Joint Sectorial
Committee on Maintenance provided in paragraph 4.1.1 of
(4) It
is
necessary
to
lay
down
procedural
arrangements
for
the participation of the Union in the joint bodies estab
Annex B to the Agreement by the European Aviation Safety
lished by the Agreement, as well as for the adoption of
Agency assisted by the Aviation authorities directly concerned
certain decisions concerning, in particular, the
by the agenda of each meeting.
amendment of the Agreement and its Annexes, the
addition of new annexes, the termination of individual
Article 4
annexes, consultations and dispute resolution and the
adoption of safeguard measures.
1. The
Commission,
after
consultation
with
the
special
committee appointed by the Council, shall determine the
position to be taken by the Union in the Joint Committee of
(5) The
Member
States
should
take
the
necessary
measures
in
order to ensure that their bilateral agreements with Brazil
the Parties with respect to the following matters:
on the same subject are terminated as of the date of the
entry into force of the Agreement,
— the adoption or amendment of the rules of procedure of the
Joint Committee of the Parties provided for in Article 9 of
( 1 ) OJ L 243, 16.9.2010, p. 1.
the Agreement.

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L 273/2
EN
Official Journal of the European Union
19.10.2011
2. The
Commission,
after
consultation
with
the
special — any other action to be taken by a Party as provided for in
committee referred to in paragraph 1 and taking full account
the Agreement, subject to paragraph 3 of this Article and
of its opinion, may take the following action:
EU law.
— adopt safeguard measures in accordance with Article 6 of
3. The
Council
shall
decide,
acting
by
qualified
majority,
on
a
the Agreement,
proposal from the Commission and in accordance with the
provisions of the Treaty, with respect to any other amendments
— request consultations in accordance with Article 15 of the
to the Agreement not falling within the scope of paragraph 2 of
Agreement,
this Article.
— take measures for suspension in accordance with Article 10
of the Agreement,
Article 5
This Decision shall enter into force on the day of its adoption.
— provided that the Commission has submitted a thorough
factual analysis of the effects and feasibility of the
intended modifications, amend annexes to the Agreement
in accordance with Article 16(5) of the Agreement in so
Done at Brussels, 26 September 2011.
far as such amendments are consistent with, and do not
entail any modification of, relevant Union legal acts,
For the Council
— remove individual annexes in accordance with Article 16(3)
The President
and (5) of the Agreement,
M. KOROLEC

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