Introductory text

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 Article 218(6)(a) thereof,

Having regard to the proposal from the European Commission,

Having regard to the consent of the European Parliament^f1,

Whereas:

The Commission has negotiated on behalf of the European Community and its Member States, the Air Transport Agreement between the European Community and its Member States, of the one part, and Canada, of the other part (the ‘Agreement’) in accordance with the Council Decision authorising the Commission to open negotiations.

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 and the Representatives of the Governments of the Member States of the European Union meeting within the Council^f2.

The Agreement has been ratified by all Member States, except for the Republic of Croatia. It is intended that the Republic of Croatia will accede to the Agreement in accordance with Article 6(2) of the 2011 Act of Accession.

The Agreement should now be approved on behalf of the Union.

Articles 3 and 4 of Decision 2010/417/EC contain provisions on decision making and representation with regard to various matters set out in the Agreement. In view of the judgment of the Court of Justice of the European Union of 28 April 2015 in case C-28/12, the application of those provisions should be discontinued. 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 this Decision,

HAS ADOPTED THIS DECISION: