Council Decision (EU) 2019/3
of 19 December 2018
on the position to be taken on behalf of the European Union within the Regional Steering Committee of the Transport Community as regards certain budgetary matters in relation to the implementation of the Treaty establishing the Transport Community
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91 and Article 100(2), in conjunction with Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1)
The Treaty establishing the Transport Community (‘the TCT’) was signed by the Union in accordance with Council Decision (EU) 2017/1937 .
(2)
In accordance with Article 41(3) of the TCT, the TCT has applied provisionally since 9 October 2017. It currently applies provisionally among the Contracting Parties, namely the Union, the Republic of Albania, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, Kosovo , Montenegro and the Republic of Serbia.
(3)
The Regional Steering Committee of the Transport Community (‘the Steering Committee’) is to adopt the budget of the Transport Community for the year 2019 in order to ensure the proper implementation of the TCT.
(4)
It is appropriate to establish the position to be taken on the Union's behalf in the Steering Committee as regards its Decision on certain budgetary matters, as such a Decision is necessary for the initiation of the work of the Permanent Secretariat of the Transport Community, and will have legal effects vis-à-vis the Union.
(5)
The empowerment of the Commission to provisionally implement the budget of the Transport Community does not alter the essential character of the powers conferred on that institution by the Treaty on European Union and the Treaty on the Functioning of the European Union,
HAS ADOPTED THIS DECISION:
Council Decision (EU) 2017/1937 of 11 July 2017 on the signing, on behalf of the European Union, and provisional application of the Treaty establishing the Transport Community (OJ L 278, 27.10.2017, p. 1).
This designation is without prejudice to positions on status, and is in line with UNSCR 1244 (1999) and the ICJ Opinion on the Kosovo declaration of independence.