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2.8.2013 Official
Journal
of
the
European
Union L
208/1
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 20 December 2012
on the signing, on behalf of the European Union, and provisional application of the Euro-
Mediterranean Aviation Agreement between the European Union and its Member States, of the
one part, and the Government of the State of Israel, of the other part
(2013/398/EU)
THE COUNCIL OF THE EUROPEAN UNION AND THE REPRESEN
Member States, as well as Union procedures also as
TATIVES OF THE GOVERNMENTS OF THE MEMBER STATES,
regards the establishment of the Union position and
MEETING WITHIN THE COUNCIL
the representation of the Union within the Joint
Committee.
Having regard to the Treaty on the Functioning of the European
Union and in particular Article 100 (2), in conjunction with
(4) The
Agreement
should
be
signed
and
applied
on
a
Article 218 (5) and the first paragraph of Article 218 (8)
provisional basis, pending the completion of the
thereof,
procedures for its conclusion,
Having regard to the proposal from the European Commission,
HAVE ADOPTED THIS DECISION:
Whereas:
Article 1
Signature
(1) The
Commission
has
negotiated
on
behalf
of
the
Union
and of the Member States a Euro-Mediterranean Aviation
The signing of the Euro-Mediterranean Aviation Agreement
Agreement between the European Union and its Member
between the European Union and its Member States, of the
States of the one part and the Government of the State
one part, and the Government of the State of Israel, of the
of Israel of the other part (hereinafter, the "Agreement")
other part, is hereby authorised on behalf of the Union,
in accordance with the Decision of the Council and of
subject to the conclusion of the Agreement. The text of the
the Representatives of the Governments of the Member
Agreement is attached to this Decision.
States of the European Union, meeting within the
Council on 8 April 2008 authorising the Commission
Article 2
to open negotiations. The negotiations were successfully
concluded by the initialling of the Agreement on 30 July
Empowerment to sign
2012.
The President of the Council is hereby authorised to designate
the person(s) empowered to sign the Agreement on behalf of
(2) Since
the
Agreement
contains
elements
of
both
Union the 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
Article 3
the Member States. In addition, this Decision also aims to
Provisional application
ensure a uniform application in respect of the Joint
Committee set up under Article 22 of the Agreement.
Pending its entry into force, the Agreement shall be applied on
a provisional basis by the Union and by its Member States, in
accordance with their internal procedures and/or domestic legis
(3) The
rules
envisaged
to
ensure
such
close
cooperation
and lation as applicable, from the date of signature of the Agree
unity should include clear guidance for representation
ment ( 1 ).
"on the spot", inter alia by confirming the necessity of
a joint and common approach. In the context of a mixed
( 1 ) The date of signature of the Agreement will be published in the
agreement, these rules should still fully respect the
Official Journal of the European Union by the General Secretariat of the
division of competences between the Union and its
Council.

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L 208/2
EN
Official Journal of the European Union
2.8.2013
Article 4
2. The
decision
to
suspend
the
application
of
benefits
pursuant to Article 23(7) of the Agreement shall be taken by
Joint Committee
the Council, by qualified majority, on the basis of a
1. The
European
Union
and
its
Member
States
shall
be
repre
Commission proposal.
sented in 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 State of Israel that they intend to
adoption of a decision having legal effects shall be established
adopt under Article 4 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 13 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 14 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 day 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 Brussels, 20 December 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.
E. FLOURENTZOU

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