EC/Canada agreement: air transport

The draft Council Decision concerns the approval, on behalf of the Union, of the Air Transport Agreement between the European Community and its Member States, of the one part, and Canada, of the other part.

The European Parliament has been consulted again for the approval on the draft decision to conclude the Agreement on behalf of the Union.

The Agreement was signed on 17 and 18 December 2009, subject to its conclusion at a later date, in accordance with Decision 2010/417/EC of the Council. It was ratified by all Member States, except for the Republic of Croatia.

It is intended that Croatia will accede to the Agreement in accordance with Article 6(2) of the 2011 Act of Accession.

According to the Council’s draft, the provisions on decision making and representation with regard to various matters set out in the Agreement should be discontinued in view of the judgement of the Court of Justice of the European Union of 28 April 2015 in case C-28/12.

Having regard to the Treaties, new provisions on those matters are not necessary, nor are provisions on information obligations of the Member States, such as those set out in Article 5 of Decision 2010/417/EC.

Consequently, Articles 3, 4 and 5 of Decision 2010/417/EC should cease to apply at the date of entry into force of the proposed Decision.