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9.11.2011 Official
Journal
of
the
European
Union L
291/1
II
(Non-legislative acts)
INTERNATIONAL AGREEMENTS
COUNCIL DECISION
of 7 March 2011
concerning the conclusion of the Agreement between the United States of America and the
European Community on cooperation in the regulation of civil aviation safety
(2011/719/EU)
THE COUNCIL OF THE EUROPEAN UNION,
(6) Member
States
should
take
the
necessary
measures
in
order to ensure that their bilateral agreements with the
United States on the same subject are either amended or
Having regard to the Treaty on the Functioning of the European
terminated, as appropriate, as of the date of entry into
Union, and in particular Article 100(2) and the first
force of the Agreement,
subparagraph of Article 207(4) in conjunction with
Article 218(6)(a), 218(7), the first subparagraph of
Article 218(8) and Article 218(9) thereof,
HAS ADOPTED THIS DECISION:
Having regard to the proposal from the European Commission,
Article 1
Having regard to the consent of the European Parliament,
1. The
Agreement
between
the
United
States
of
America
and
the European Community on cooperation in the regulation of
Whereas:
civil aviation safety is hereby approved on behalf of the Union.
(1) The
Commission
has
negotiated
on
behalf
of
the
Union
an Agreement between the United States of America and
2. The text of the Agreement is attached to this Decision.
the European Community on cooperation in the regu
lation of civil aviation safety (hereinafter referred to as
‘the Agreement’), in accordance with the Council
Article 2
Decision authorising the Commission to open
negotiations.
The President of the Council is authorised to designate the
person empowered to make the notification provided for in
Article 19.A of the Agreement and to make the following
(2)
The Agreement was signed on 30 June 2008 on behalf
notification:
of the Union subject to its possible conclusion at a later
date.
‘As a consequence of the entry into force of the Treaty of
(3)
Following the entry into force of the Treaty of Lisbon on
Lisbon on 1 December 2009, the European Union has
1 December 2009, the European Union has replaced and
replaced and succeeded the European Community and from
succeeded the European Community.
that date exercises all rights and assumes all obligations of
the European Community. Therefore, references to “the
European Community” in the text of the Agreement are,
(4) The
Agreement
should
be
approved.
where appropriate, to be read as “the European Union”.’
(5) It
is
necessary
to
lay
down
procedural
arrangements
for
the participation of the Union in the joint bodies
Article 3
established by the Agreement, as well as for the
adoption of certain decisions concerning in particular
1. The
Union
shall
be
represented
in
the
Bilateral
Oversight
the amendment of the Agreement and its Annexes, the
Board established under Article 3 of the Agreement by the
addition of new annexes, the termination of individual
European Commission assisted by the European Aviation
annexes, consultations and dispute resolution and the
Safety Agency and accompanied by the Aviation Authorities
adoption of safeguard measures.
as representatives of the Member States.

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L 291/2
EN
Official Journal of the European Union
9.11.2011
2. The
Union
shall
be
represented
in
the
Certification (c) suspend the acceptance of findings and rescind such
Oversight Board provided for in paragraph 2.1.1 of Annex 1
suspension in accordance with Article 18 of the Agreement.
to the Agreement and in the Joint Maintenance Coordination
Board provided for in paragraph 3.1.1 of Annex 2 to the
Agreement by the European Aviation Safety Agency assisted
3. The
Council,
acting
by
qualified
majority,
on
a
proposal
by the Aviation Authorities directly affected by the agenda of
from the Commission, shall establish the position to be taken
each meeting.
by the Union in the Bilateral Oversight Board, with respect to
the adoption of additional Annexes in accordance with
Article 4
Article 3.C.7 and Article 19.C of the Agreement.
1. The
Commission,
after
consulting
the
special
committee
appointed by the Council, shall determine the position to be
4. The
Council,
acting
by
qualified
majority,
on
a
proposal
taken by the Union in the Bilateral Oversight Board with respect
from the Commission, and in accordance with the provisions of
to the following matters:
the Treaty, shall decide with respect to any other amendments
to the Agreement not falling within the scope of paragraphs 1
(a) the adoption or amendment of the internal governing
and 3, including the termination of individual Annexes in
procedures of the Bilateral Oversight Board provided for
accordance with Article 19.E of the Agreement.
in Article 3.B of the Agreement;
Article 5
(b) any amendments to the Annexes to the Agreement made in
accordance with Article 19.B of the Agreement that are
Member States shall take all necessary measures to ensure that
consistent with, and do not entail any modification of,
their bilateral agreements with the United States, listed in
relevant Union legal acts.
Attachment 1 to the Agreement, are amended or terminated,
as appropriate, upon entry into force of the Agreement.
2. The
Commission,
after
consulting
the
special
committee
referred to in paragraph 1, may take the following action:
Done at Brussels, 7 March 2011.
(a) adopt safeguard measures in accordance with Article 15.B of
the Agreement;
For the Council
(b) request consultations in accordance with Article 17.A of the
The President
Agreement;
CZOMBA S.

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