Commission Decision (EU) 2022/220 of 15 February 2022 on the position to be taken by the European Union in the Joint Committee established under the Memorandum of Cooperation between the European Union and the International Civil Aviation Organization providing a framework for enhanced cooperation, on the adoption of a Working Arrangement regarding the cooperation in the area of accident and incident reporting in civil aviation, and appointing a chairperson of the European Union in the Joint Committee

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to the Council Decision (2012/243/EU) of 8 March 2012 on the conclusion of a Memorandum of Cooperation between the European Union and the International Civil Aviation Organization providing a framework for enhanced cooperation, and laying down procedural arrangements related thereto⁽¹⁾, and in particular Article 4(1) thereof,

Whereas:

1. The Memorandum of Cooperation between the European Union and the International Civil Aviation Organization providing a framework for enhanced cooperation was signed at Montreal and Brussels on 28 April and 4 May 2011. The Memorandum of Cooperation was applied provisionally from the date of the latter signature, pending its entry into force.

2. The Memorandum of Cooperation was approved on behalf of the Union by Decision (2012/243/EU). The Memorandum of Cooperation entered into force on 8 March 2012.

3. Pursuant to Article 3.3 of the Memorandum of Cooperation the Parties may establish working arrangements specifying the mutually agreed mechanisms and procedures necessary to effectively implement cooperation activities established in the Annexes to the Memorandum of Cooperation.

4. Article 7.1 of the Memorandum of Cooperation establishes a Joint Committee, composed of representatives of each Party. Under Article 7.3 (c) the Joint Committee shall be responsible for adopting Annexes to the Memorandum of Cooperation and working arrangements within the scope of the Annexes.

5. On the basis of a Working Arrangement of 21 September 2011 the Parties have cooperated successfully in the area of accident and incident reporting in civil aviation. In the light of developments in that area, and in particular that the European Union Aviation Safety Agency has taken over the relevant functions of the Joint Research Centre, it is considered necessary to replace the Working Arrangement of 21 September 2011 with a new Working Arrangement between the Parties regarding the cooperation in the area of accident and incident reporting in civil aviation. The new Working Arrangement is envisaged to be adopted at a forthcoming meeting of the Joint Committee.

6. In accordance with Article 4(1) of the Council Decision on the conclusion of the Memorandum of Cooperation, the Commission, after consultation with a Special Committee appointed by the Council and taking full account of its opinion, shall determine the position to be taken by the Union in the Joint Committee with respect to decisions regarding working arrangements.

7. The Special Committee was consulted on 25 January 2022.

8. The position to be taken by the Union in the Joint Committee on the adoption of a Working Arrangement regarding the cooperation in the area of accident and incident reporting in civil aviation should therefore be adopted.

9. Under Article 7.1 of the Memorandum of Cooperation the Joint Committee shall be co-chaired by one representative of each Party. Pursuant to Article 7.4 the Joint Committee shall operate on the basis of agreement between the chairperson of each Party.

10. A chairperson of the Union in the Joint Committee should therefore be appointed.

HAS DECIDED AS FOLLOWS: