1Council Decision (EU) 2026/1133 of 18 May 2026 on the conclusion, on behalf of the Union, of the Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part; and on the conclusion, on behalf of the Union, of the Ancillary Agreement between the European Union and its Member States, of the first part, Iceland, of the second part, and the Kingdom of Norway, of the third part, on the application of the Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part

Council Decision (EU) 2026/1133 of 18 May 2026 on the conclusion, on behalf of the Union, of the Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part; and on the conclusion, on behalf of the Union, of the Ancillary Agreement between the European Union and its Member States, of the first part, Iceland, of the second part, and the Kingdom of Norway, of the third part, on the application of the Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part 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), point (a), thereof, Having regard to the proposal from the European Commission, Having regard to the consent of the European Parliament Consent of 29 April 2026 (not yet published in the Official Journal). , Whereas: (1) The Air Transport Agreement between the European Community and its Member States, of the one part, and the United States of America, of the other part OJ L 134, 25.5.2007, p. 4. (the Air Transport Agreement) was signed on 25 and 30 April 2007, further to the adoption of Decision 2007/339/EC of the Council and the Representatives of the Governments of the Member States of the European Union, meeting within the Council Decision 2007/339/EC of the Council and the Representatives of the Governments of the Member States of the European Union, meeting within the Council of 25 April 2007 on the signature and provisional application of the Air Transport Agreement between the European Community and its Member States, on the one hand, and the United States of America, on the other hand (OJ L 134, 25.5.2007, p. 1, ELI: http://data.europa.eu/eli/dec/2007/339/oj). . It has been applied provisionally since 30 March 2008 and was concluded by means of Council Decision (EU) 2020/1110 Council Decision (EU) 2020/1110 of 23 January 2018 on the conclusion on behalf of the European Union of the Air Transport Agreement between the European Community and its Member States, of the one part, and the United States of America, of the other part (OJ L 244, 29.7.2020, p. 6, ELI: http://data.europa.eu/eli/dec/2020/1110/oj). . It entered into force on 29 June 2020. It was amended by the Protocol to amend the Air Transport Agreement between the United States of America and the European Community and its Member States, signed on 25 and 30 April 2007 OJ L 223, 25.8.2010, p. 3, ELI: http://data.europa.eu/eli/prot/2010/465/oj. (the Protocol), of 24 June 2010, which entered into force on 5 May 2022. The Protocol provides for the accession of third countries to the Air Transport Agreement. (2) Iceland and Norway are fully integrated members of the single European aviation market through the Agreement on the European Economic Area

OJ L 1, 3.1.1994, p. 3, ELI: http://data.europa.eu/eli/agree_internation/1994/1/oj. . They formally requested accession to the Air Transport Agreement in 2007. In accordance with Article 18(5) of the Air Transport Agreement, the Joint Committee established thereunder proposed, in its meeting of 16 November 2010, an Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part (the Accession Agreement). (3) The Commission negotiated an Ancillary Agreement between the European Union and its Member States, of the first part, Iceland, of the second part, and the Kingdom of Norway, of the third part, on the application of the Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part (the Ancillary Agreement). (4) Both the Accession Agreement and the Ancillary Agreement were signed on 21 June 2011, in accordance with Decision 2011/708/EU of the Council and the Representatives of the Governments of the Member States of the European Union, meeting within the Council Decision 2011/708/EU of the Council and of the Representatives of the Governments of the Member States of the European Union, meeting within the Council of 16 June 2011 on the signing, on behalf of the Union, and provisional application of the Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part; and on the signing, on behalf of the Union, and provisional application of the Ancillary Agreement between the European Union and its Member States, of the first part, Iceland, of the second part, and the Kingdom of Norway, of the third part, on the application of the Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part (OJ L 283, 29.10.2011, p. 1, ELI: http://data.europa.eu/eli/dec/2011/708/oj). , and applied provisionally since the date of their signature. (5) In its judgment of 28 April 2015 in Case C-28/12, Commission v Council Judgment of the Court of Justice (Grand Chamber) of 28 April 2015, European Commission v Council of the European Union, C-28/12, ECLI:EU:C:2015:282. (the judgment), the Court of Justice annulled Decision 2011/708/EU on the grounds that the Council could not legally authorise the signing and the provisional application of the Accession Agreement and the Ancillary Agreement in an act adopted together with the representatives of the Governments of the Member States meeting within the Council. The Court maintained the effects of Decision 2011/708/EU until the entry into force, within a reasonable period from the delivery of the judgment, of a new decision to be adopted by the Council pursuant to Article 218(5) and (8) of the Treaty on the Functioning of the European Union.

(6) In order to comply with the judgment, the Council adopted Decision (EU) 2023/684 Council Decision (EU) 2023/684 of 20 March 2023 on the signing, on behalf of the Union, and provisional application of the Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part, and on the signing, on behalf of the Union, and provisional application of the Ancillary Agreement between the European Union and its Member States, of the first part, Iceland, of the second part, and the Kingdom of Norway, of the third part, on the application of the Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part (OJ L 89, 27.3.2023, p. 3, ELI: http://data.europa.eu/eli/dec/2023/684/oj). on the signing and provisional application of the Accession Agreement and the Ancillary Agreement. (7) The Accession Agreement and the Ancillary Agreement have been ratified by all Member States, except for the Republic of Croatia. It is intended that the Republic of Croatia will accede to the Accession Agreement and the Ancillary Agreement in accordance with Article 6(2) of the 2011 Act of Accession. (8) The Accession Agreement and the Ancillary Agreement should be approved, HAS ADOPTED THIS DECISION:

Article 1

The Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part (the Accession Agreement) is hereby approved on behalf of the Union The text of the Accession Agreement is published in OJ L 283, 29.10.2011, p. 3. .

Article 2

The Ancillary Agreement between the European Union and its Member States, of the first part, Iceland, of the second part, and the Kingdom of Norway, of the third part, on the application of the Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part (the Ancillary Agreement) is hereby approved on behalf of the Union The text of the Ancillary Agreement is published in OJ L 283, 29.10.2011, p. 16. .

Article 3

This Decision shall enter into force on the date of its adoption. Done at Brussels, 18 May 2026. For the Council The President K. Kallas