HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"EN
20.10.2012 Official
Journal
of
the
European
Union
L
292/1
II
(Non-legislative acts)
INTERNATIONAL AGREEMENTS
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 REPRESEN
(5) The
rules
envisaged
to
ensure
such
close
cooperation
and
TATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF
unity should include clear guidance for representation ‘on
THE EUROPEAN UNION, MEETING WITHIN THE COUNCIL,
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
Having regard to the Treaty on the Functioning of the European
Union position and the representation of the Union
Union, and in particular Article 100(2), in conjunction with
within the Joint Committee,
Article 218(5), and Article 218(8), first paragraph thereof,
HAVE ADOPTED THIS DECISION:
Having regard to the proposal from the European Commission,
Article 1
Whereas:
Signature
The signing of the Common Aviation Area Agreement between
the European Union and its Member States and the Republic of
(1) The
Commission
has
negotiated
on
behalf
of
the
Union Moldova is hereby authorised on behalf of the Union, subject to
and of the Member States a Common Aviation Area
the conclusion of the said Agreement.
Agreement between the European Union and its
Member States and the Republic of Moldova (the ‘Agree
ment’) in accordance with the Decision of the Council
The text of the Agreement is attached to this Decision.
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
Article 2
Commission to open negotiations.
Empowerment to sign
The President of the Council is hereby authorised to designate
the person(s) empowered to sign the Agreement on behalf of
(2) The
Agreement
was
initialled
on
26
October
2011.
the Union.
Article 3
(3) The
Agreement
should
be
signed
and
provisionally
applied, subject to its conclusion.
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
(4) Since
the
Agreement
contains
elements
of
both
Union accordance with their internal procedures and/or domestic legis
and Member States’ competence, in order to ensure close
lation as applicable, from the date of signature of the Agree
cooperation and unity in international relations, this
ment ( 1 ).
Decision should be adopted jointly by the Council and
the Member States. In addition, this Decision also aims to
( 1 ) The date of signature of the Agreement will be published in the
ensure a uniform application in respect of the Joint
Official Journal of the European Union by the General Secretariat of the
Committee set up under Article 22 of the Agreement.
Council.

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L 292/2
EN
Official Journal of the European Union
20.10.2012
Article 4
2. The
decision
to
suspend
the
application
of
benefits
pursuant to Article 23(5) of the Agreement shall be taken by
Joint Committee
the Council, by qualified majority, on the basis of a
1. The
Union
and
the
Member
States
shall
be
represented
in Commission proposal.
the Joint Committee established under Article 22 of the
Agreement by representatives of the Commission and of the
Member States, respectively.
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
2. The
position
to
be
taken
by
the
Union
and
supported
by consultation with a Special Committee of representatives of
its Member States within the Joint Committee with respect to
the Member States appointed by the Council.
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
Article 6
and the Member States.
Information to the Commission
3. The
position
to
be
taken
by
the
Union
and
its
Member 1. Member
States
shall
promptly
inform
the
Commission
of
States within the Joint Committee with respect to matters other
any decision to refuse, revoke, suspend or limit the authori
than those referred to in paragraph 2 that do not require the
sation of an airline of the Republic of Moldova that they
adoption of a decision having legal effects shall be established
intend to adopt under Article 5 of the Agreement.
jointly by the Commission and the Member States.
4. For Joint Committee decisions having legal effect 2. Member
States
shall
promptly
inform
the
Commission
of
concerning matters that fall within the exclusive competence
any requests or notifications made or received by them under
of the Union, the position to be taken by the Union and
Article 14 (Aviation Safety) of the Agreement.
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
3. Member
States
shall
promptly
inform
the
Commission
of
in the Treaty on European Union and the Treaty on the Func
any requests or notifications made or received by them under
tioning of the European Union provide otherwise.
Article 15 (Aviation security) of the Agreement.
5. For
Joint
Committee
decisions
having
legal
effect,
other
Article 7
than those referred to in paragraph 4, the position to be taken
by the Union and its Member States shall be adopted by the
Entry into force
Council, acting by qualified majority, on a proposal by the
This Decision shall enter into force on the date of its adoption.
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.
Done at Luxembourg, 7 June 2012.
Article 5
Settlement of Disputes
For the Council
1. The
Commission
shall
represent
the
Union
in
dispute
The President
settlement proceedings under Article 23 of the Agreement.
H. D. KRISTENSEN

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