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27.7.2011 Official
Journal
of
the
European
Union L
195/5
COUNCIL DECISION
of 19 July 2011
on the conclusion of an Agreement on civil aviation safety between the European Community and
Canada
(2011/466/EU)
THE COUNCIL OF THE EUROPEAN UNION,
(6) The
Member
States
should
take
the
necessary
measures
in
order to ensure that their bilateral agreements with
Canada on the same subject are terminated as of the
date of entry into force of the Agreement,
Having regard to the Treaty on the Functioning of the European

Union, and in particular Article 100(2) and the first
subparagraph of Article 207(4), in conjunction with
Article 218(6)(a) and Article 218(7) and the first subparagraph
HAS ADOPTED THIS DECISION:
of Article 218(8), thereof,
Article 1
Having regard to the proposal from the European Commission,
The Agreement on civil aviation safety between the European
Community and Canada (‘the Agreement’) is hereby approved
on behalf of the Union.
Having regard to the consent of the European Parliament ( 1 ),
The text of the Agreement ( 4 ) is attached to this Decision.
Whereas:
Article 2
(1) The
Commission
has
negotiated
on
behalf
of
the
Union
an Agreement on civil aviation safety between the
The President of the Council is hereby authorised to designate
European Community and Canada (
the person(s) empowered to make the notification provided in

2 ) (‘the Agreement’)
in accordance with the Council Decision authorising
Article 16(1) of the Agreement and make the following notifi
the Commission to open negotiations.
cation:
(2) The
Agreement
was
signed
on
6
May
2009
on
behalf
of
‘As a consequence of the entry into force of the Treaty of
the Union subject to its possible conclusion at a later
Lisbon on 1 December 2009, the European Union has
date, in conformity with Council Decision
replaced and succeeded the European Community and from
2009/469/EC (
that date exercises all rights and assumes all obligations of

3 ).
the European Community. Therefore, references to the
“European Community” in the text of the Agreement are,
where appropriate, to be read as the “European Union”.’.
(3)
Following the entry into force of the Treaty of Lisbon on
1 December 2009, the European Union should make a
notification to Canada as regards the succession of the
European Community by the European Union.
Article 3
1. The
Union
shall
be
represented
in
the
Joint
Committee
of
the Parties established in Article 9 of the Agreement by the
(4) The
Agreement
should
be
approved.
European Commission assisted by the European Aviation
Safety Agency and accompanied by the Aviation Authorities
as representatives of the Member States.
(5) It
is
necessary
to
lay
down
procedural
arrangements
for
the participation of the Union in the joint bodies estab
lished by the Agreement, as well as for the adoption of
2. The
Union
shall
be
represented
in
the
Joint
Sectorial
certain decisions concerning in particular the amendment
Committee on Certification provided for in paragraph 2 of
of the Agreement and its Annexes, the addition of new
Annex A to the Agreement and in the Joint Sectorial
annexes, the termination of individual annexes, consul
Committee on Maintenance provided in paragraph 4 of
tations and dispute resolution and the adoption of
Annex B to the Agreement by the European Aviation Safety
safeguard measures.
Agency assisted by the Aviation Authorities directly concerned
by the agenda of each meeting.
( 1 ) Consent of 23 June 2011.
( 2 ) OJ L 153, 17.6.2009, p. 11.
( 4 ) The text of the Agreement has been published in OJ L 153,
( 3 ) OJ L 153, 17.6.2009, p. 10.
17.6.2009, p. 11 together with the decision on signature.

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L 195/6
EN
Official Journal of the European Union
27.7.2011
Article 4
in accordance with Article 16(5) of the Agreement in so
far as such amendments are consistent with, and do not
1. The
Commission,
after
consultation
with
the
special
entail any modification of, relevant Union legal acts,
committee appointed by the Council, shall determine the
position to be taken by the Union in the Joint Committee of
the Parties with respect to the following matters:
— remove individual annexes in accordance with Article 16(3)
and (5) of the Agreement,
— the adoption or amendment of the rules of procedures of
the Joint Committee of the Parties provided for in
— any other action to be taken by a Party as provided for in
Article 9(3) of the Agreement.
the Agreement, subject to paragraph 3 of this Article and
EU law.
2. The
Commission,
after
consultation
with
the
special
committee referred to in paragraph 1 and taking full account
3. The
Council
shall
decide,
acting
by
qualified
majority,
on
a
of its opinion, may take the following action:
proposal from the Commission and in accordance with the
provisions of the Treaty, with respect to any other amendments
— adopt safeguard measures in accordance with Article 6 of
to the Agreement not falling within the scope of paragraph 2 of
the Agreement,
this Article.
— request consultations in accordance with Article 15 of the
Article 5
Agreement,
This Decision shall enter into force on the day of its adoption.
— take measures for suspension in accordance with Article 10
Done at Brussels, 19 July 2011.
of the Agreement,
For the Council
— provided that the Commission has submitted a thorough
factual analysis of the effects and feasibility of the
The President
intended modifications, amend annexes to the Agreement
M. SAWICKI

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