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EU/Israel Euro-Mediterranean Aviation Agreement

2012/0324(NLE)

PURPOSE: conclusion of the Euro-Mediterranean Aviation Agreement between the European Union and its Member States, of the one part, and the government of the State of Israel, of the other part.

PROPOSED ACT: Council Decision.

BACKGROUND: the Euro-Mediterranean Aviation Agreement between the European Union and its Member States, of the one part, and the State of Israel, of the other part, was signed on 10 June 2013, subject to its conclusion, in accordance with Decision 2013/398/EU of the Council and the Representatives of the Governments of the Member States, meeting within the Council.

The Agreement was ratified by all Member States, except for Croatia, which accedes to the Agreement in accordance with the 2012 Act of Accession. The Protocol amending the Euro-Mediterranean Aviation Agreement between the European Union and its Member States, of the one part, and Israel, of the other part, to take account of the accession to the European Union of Croatia was signed on 19 February 2015.

It is now necessary to approve the Agreement on behalf of the Union. The draft Council decision takes account of the entry into force of the Treaty of Lisbon and the judgment of the Court of Justice of 28 April 2015 in case C-28/12.

CONTENT: the draft Council Decision concerns the approval, on behalf of the Union, of the Euro-Mediterranean Aviation Agreement between the European Union and its Member States, on the one hand, and the State of Israel, on the other hand. The Agreement shall be implemented in accordance with the Union's position that the territories which came under Israeli administration in June 1967 do not belong to the territory of the State of Israel.

The proposed decision provides that the position to be taken by the Union with regard to decisions taken by the Joint Committee under the Agreement on the inclusion of Union legislation in Annex IV to the Agreement, subject to the necessary technical adaptations, shall be expressed by the Commission, after it has submitted it for consultation to the Council or its preparatory bodies, as decided by the Council.

The Council draft also terminates the application of Articles 4 and 5 of Decision 2013/398/EC, which contain decision-making and representation provisions on various issues contained in the Agreement, in the light of the judgment of the Court of Justice of the European Union of 28 April 2015 in Case C-28/12.