Date: 2019-04-10Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Decision (EU) 2019/563 of 8 April 2019 on the conclusion, on behalf of the Union, of Amendment 1 to Memorandum of Cooperation NAT-I-9406 between the United States of America and the European Union
Executive Summary:
This Council Decision approves Amendment 1 to Memorandum of Cooperation NATI9406 between the United States of America and the European Union on air traffic management modernisation, civil aviation research and development and global interoperability. The amendment extends cooperation to all phases of air traffic management modernisation and modifies the structure and governance of the Memorandum. The Decision establishes procedural arrangements for the Union's participation in the executive management of the Memorandum. This decision entered into force on April 8, 2019.
Key Points / Main Content:
Approval of Amendment 1:
* Amendment 1 to Memorandum of Cooperation NATI9406 between the United States and the European Union is approved on behalf of the Union.
Notification of Consent:
* The President of the Council is responsible for notifying the United States of the Union's consent to be bound by Amendment 1.
Union's Position in Executive Management:
* The Commission, after consulting a special committee designated by the Council, will determine the Union's position in the executive management of Memorandum of Cooperation NATI9406A, specifically regarding:
* Adoption of additional annexes and appendices.
* Adoption of amendments to existing annexes and appendices.
Commission's Authority:
* The Commission may take appropriate action under Articles III, IV, V, VII, and VIII of Memorandum of Cooperation NATI9406A, without prejudice to Article 3 of this Decision.
Representation in Consultations:
* The Commission will represent the Union in consultations under Article XI of Memorandum of Cooperation NATI9406A.
Reporting Requirements:
* The Commission must inform the Council of the implementation of Memorandum of Cooperation NATI9406A whenever necessary, and at least once a year.
Impact Analysis:
European Commission:
* Impact: The Commission is responsible for determining the Union's position in the executive management of the Memorandum, taking appropriate actions under specified articles, representing the Union in consultations, and informing the Council on the implementation of the Memorandum.
* Action Required: Consult with the special committee designated by the Council to determine the Union's position and take necessary actions as outlined in the Decision.
Council of the European Union:
* Impact: The Council's President is responsible for providing notification of the Union's consent, and a special committee designated by the Council will be consulted by the Commission.
* Action Required: The President must provide notification of the Union's consent. Designate a special committee for consultation with the Commission.
Member States of the European Union:
* Impact: Member states are indirectly impacted through the implementation of the amended Memorandum of Cooperation, which aims to improve air traffic management and interoperability.
* Action Required: Stay informed about the implementation of the Memorandum through the Council and the Commission.
United States of America:
* Impact: The United States is a party to the Memorandum of Cooperation and will benefit from the extended scope of cooperation and the updated governance structure.
* Action Required: No direct action is required based on this decision; however, the United States will work with the European Union under the framework of the amended Memorandum.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
United States of America: A country primarily located in North America.
Council Decision EU 2019/563: Council Decision of 8 April 2019 on the conclusion of Amendment 1 to Memorandum of Cooperation NATI9406.
Memorandum of Cooperation NATI9406: A Memorandum of Cooperation between the United States of America and the European Union.
Amendment 1 to Memorandum of Cooperation NATI9406: An amendment to the Memorandum of Cooperation NATI9406 between the United States of America and the European Union.
Memorandum of Cooperation NATI9406A: A Memorandum of Cooperation between the United States of America and the European Union on air traffic management modernisation.
European Parliament: The parliamentary body of the European Union.
Luxembourg: City in Luxembourg, where the decision was made.
10.4.2019 EN Official Journal of the European Union L 99/1
II
(Non-legislative acts)
INTERNATIONAL AGREEMENTS
COUNCIL DECISION (EU) 2019/563
of 8 April 2019
on the conclusion, on behalf of the Union, of Amendment 1 to Memorandum of Cooperation
NAT-I-9406 between the United States of America and the European Union
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2), in conjunction
with point (a) of the second subparagraph of Article 218(6) and Article 218(7) thereof,
Having regard to the proposal from the European Commission,
Having regard to the consent of the European Parliament (1),
Whereas:
(1) In accordance with Council Decision 2018/538 (2), Amendment 1 to Memorandum of Cooperation NAT-I-9406
between the United States of America and the European Union (‘Memorandum of Cooperation NAT-I-9406’) was
signed on 13 December 2017, subject to its conclusion at a later date.
(2) Amendment 1 to Memorandum of Cooperation NAT-I-9406 extends the scope of cooperation between the
Parties to all phases of air traffic management modernisation, including deployment activities, with the goal of
ensuring global interoperability. It also modifies the structure and governance of Memorandum of Cooperation
NAT-I-9406 so as to optimise the implementation and management of the cooperative activities carried out
thereunder.
(3) It is necessary to lay down procedural arrangements for the participation of the Union in the executive
management of Memorandum of Cooperation NAT-I-9406A between the United States of America and the
European Union on air traffic management modernisation, civil aviation research and development and
global interoperability (‘Memorandum of Cooperation NAT-I-9406A’), which is set out in the addendum to
Amendment 1 and replaces Memorandum of Cooperation NAT-I-9406.
(4) Therefore, Amendment 1 to Memorandum of Cooperation NAT-I-9406 should be approved on behalf of the
Union,
HAS ADOPTED THIS DECISION:
Article 1
Amendment 1 to Memorandum of Cooperation NAT-I-9406 between the United States of America and the European
Union is hereby approved on behalf of the Union (3).
(1) Consent of 12 September 2018 (not yet published in the Official Journal).
(2) Council Decision (EU) 2018/538 of 7 December 2017 on the signing, on behalf of the Union, and provisional application of
Amendment 1 to Memorandum of Cooperation NAT-I-9406 between the United States of America and the European Union (OJ L 90,
6.4.2018, p. 1).
(3) The text of Amendment 1 to Memorandum of Cooperation NAT-I-9406 between the United States of America and the European Union
has been published in OJ L 90, 6.4.2018, p. 3, together with the decision on signature.L 99/2 EN Official Journal of the European Union 10.4.2019
Article 2
The President of the Council shall, on behalf of the Union, give the notification provided for in Article II.B of
Amendment 1 to Memorandum of Cooperation NAT I 9406, in order to express the consent of the Union to be bound
by Amendment 1 to Memorandum of Cooperation NAT I 9406 (4).
Article 3
The Commission, after consultation with a special committee designated by the Council, shall determine the position to
be taken by the Union in the executive management of Memorandum of Cooperation NAT-I-9406A and the Annexes
thereto, as referred to in Article III of Memorandum of Cooperation NAT-I-9406A, with respect to:
(a) the adoption of additional annexes to Memorandum of Cooperation NAT-I-9406A and appendices to the Annexes
to Memorandum of Cooperation NAT-I-9406A; and
(b) the adoption of amendments to the Annexes to Memorandum of Cooperation NAT-I-9406A and to the Appendices
to those Annexes.
Article 4
Without prejudice to Article 3 of this Decision, the Commission may take any appropriate action under Articles III, IV,
V, VII and VIII of Memorandum of Cooperation NAT-I-9406A.
Article 5
The Commission shall represent the Union in consultations under Article XI of Memorandum of Cooperation
NAT-I-9406A.
Article 6
The Commission shall inform the Council of the implementation of Memorandum of Cooperation NAT-I-9406A
whenever necessary and at least once a year.
Article 7
This Decision shall enter into force on the day of its adoption.
Done at Luxembourg, 8 April, 2019.
For the Council
The President
F. MOGHERINI
(4) The date of entry into force of Amendment 1 to Memorandum of Cooperation NAT I 9406 will be published in the Official Journal of the
European Union by the General Secretariat of the Council.