25.8.2010 Official Journal of the European Union L 2231 (Non-legislative acts) INTERNATIONAL AGREEMENTS DECISION OF THE COUNCIL AND THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION, MEETING WITHIN THE COUNCIL of 24 June 2010 on the signing and provisional application of the Protocol to Amend the Air Transport Agreement between the United States of America, of the one part, and the European Community and its Member States, of the other part (2010/465/EU) THE COUNCIL OF THE EUROPEAN UNION AND THE REPRESEN- TATIVES OF THE GOVERNMENTS OF THE MEMBER STATES, MEETING WITHIN THE COUNCIL, Having regard to the Treaty on the Functioning of the European Union and in particular Article 100(2), in conjunction with Article 218(5) and the first subparagraph of Article 218(8) thereof, Having regard to the proposal from the European Commission, Whereas: (1) The Air Transport Agreement between the United States of America, of the one part, and the European Community and its Member States, of the other part, signed on 25 and 30 April 2007 (hereinafter, the ‘Agreement)), included an obligation on both Parties to enter into second stage negotiations. (2)  As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community. (3)  The Commission has negotiated on behalf of the Union and of the Member States a protocol to amend the Agreement (hereinafter, the ‘Protocol) in accordance with Article 21 of that Agreement. (4 The Protocol was initialled on 25 March 2010. (5)  The Protocol is fully consistent with the Union legis- lation, particularly with the EU Emissions Trading System. (6)  The Protocol negotiated by the Commission should be signed and applied provisionally by the Union and the Member States, to the extent permitted under domestic law, subject to its possible conclusion at a later date. (7) It is necessary to lay down procedural arrangements for deciding, if appropriate, how to discontinue the provi- sional application of the Protocol and how to take measures pursuant to Article 21(5) of the Agreement as amended by the Protocol. It is also necessary to lay down procedural arrangements for the suspension of the reciprocal recognition of regulatory determinations with regard to airline fitness and citizenship pursuant to Article 6 bis(2) of the Agreement as amended by the Protocol and for implementing certain provisions of the Agreement, including those concerning the environment pursuant to Article 15(5) of the Agreement as amended by the Protocol, HAVE ADOPTED THIS DECISION: Atticle 1 Signing and provisional application 1.  The signing of the Protocol to Amend the Air Transport Agreement between the United States of America, of the one part, and the European Community and its Member States, of the other part (hereinafter the ‘Protocol) is hereby approved on behalf of the Union, subject to the conclusion of the said Protocol. The text of the Protocol is attached to this Decision. 2. The President of the Council is hereby authorised to designate the person(s) empowered to sign the Protocol on behalf of the Union, subject to its conclusion. 3. Pending its entry into force, the Protocol shall be applied on a provisional basis by the Union and its Member States, to the extent permitted under domestic law, from the date of signing.