# EUR-Lex - 52011PC0677 - EN

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# 52011PC0677

**Proposal for a COUNCIL DECISION on the position to be taken by the European Union in the EEA Joint Committee concerning an amendment to Annex XIII (Transport) to the EEA Agreement. /* COM/2011/0677 final - 2011/0292 (NLE) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

In order to ensure the requisite legal
security and homogeneity of the Internal Market, the EEA Joint Committee is to
integrate all the relevant Community legislation into the EEA Agreement as soon
as possible after its adoption.

2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

The draft Decision of the EEA Joint
Committee (annexed to the proposed Council Decision) aims to amend Annex XIII
(Transport) to the EEA Agreement in order to incorporate into the Agreement Regulation
(EC) No 216/2008 of the European Parliament and of the Council of 20 February
2008 on common rules in the field of civil aviation and establishing a European
Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation
(EC) No 1592/2002 and Directive 2004/36/EC.

The EEA/EFTA states issue a declaration
attached to the Joint Committee Decision which states that “Regulation (EC) No
216/2008 of the European Parliament and of the Council deals among other things
with the authority to impose fines and periodic penalty payments in the area of
aviation safety. The incorporation of this Regulation is without prejudice to
the institutional solutions with regard to future acts conferring powers to impose
sanctions.”

3.           LEGAL ELEMENTS OF THE
PROPOSAL

Article 1(3) of Council Regulation (EC) No
2894/94 concerning arrangements for implementing the EEA Agreement provides
that the Council establishes the position to be adopted on the Union’s behalf
on such Decisions, on a proposal from the Commission.

The Commission submits the Draft Decision
of the EEA Joint Committee for adoption by the Council as the Union’s position.
The Commission would hope to be able to present it in the EEA Joint Committee
at the earliest possible opportunity.

2011/0292 (NLE)

Proposal for a

COUNCIL DECISION

on the position to be taken by the
European Union in the EEA Joint Committee
concerning an amendment to Annex XIII (Transport) to the EEA Agreement.

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning
of the European Union, and in particular Articles 100(2) and 218 (9) thereof,

Having regard to Council Regulation (EC) No
2894/94 of 28 November 1994 concerning arrangements for implementing the
Agreement on the European Economic Area[1],
and in particular Article 1(3) thereof,

Having regard to the proposal from the
European Commission,

Whereas:

(1)
Annex XIII to the Agreement on the European
Economic Area, (hereinafter referred to as "the EEA Agreement")
contains specific provisions and arrangements concerning transport.

(2)
Regulation (EC) No 216/2008 of the European
Parliament and of the Council of 20 February 2008 on common rules in the field
of civil aviation and establishing a European Aviation Safety Agency, and
repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and
Directive 2004/36/EC[2]
has as its principal objective to establish and maintain a high uniform level
of civil aviation safety within the Community.

(3)
The activities of the European Aviation Safety
Agency may affect the level of civil aviation safety within the European
Economic Area.

(4)
Regulation (EC) No 216/2008 is therefore to be
incorporated into the Agreement in order to allow for the full participation of
the EFTA States in the European Aviation Safety Agency.

(5)
Regulation (EC) No 216/2008 repeals Regulation
(EC) No 1592/2002[3]
of the European Parliament and of the Council, which is incorporated into the
Agreement and which is consequently to be repealed under the Agreement,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken by the Union in
the EEA Joint Committee on an envisaged amendment to Annex XIII (Transport) to
the EEA Agreement shall be based on the draft Decision of the EEA Joint
Committee attached to this Decision.

Article 2

This Decision shall enter into force on the
day of its adoption.

Done at Brussels,

For
the Council

The
President

ANNEX

Draft

DECISION
OF THE EEA JOINT COMMITTEE
No

of

amending
Annex XIII (Transport) to the EEA Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the
European Economic Area, as amended by the Protocol adjusting the Agreement on
the European Economic Area, hereinafter referred to as ‘the Agreement’, and in
particular Article 98 thereof,

Whereas:

(1)
Annex XIII to the Agreement was amended by
Decision of the EEA Joint Committee No .../... of ...[4].

(2)
Regulation (EC) No 216/2008 of the European
Parliament and of the Council of 20 February 2008 on common rules in the field
of civil aviation and establishing a European Aviation Safety Agency, and
repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and
Directive 2004/36/EC[5] has as its principal objective to establish and maintain a high
uniform level of civil aviation safety within the Community.

(3)
The activities of the European Aviation Safety
Agency may affect the level of civil aviation safety within the European
Economic Area.

(4)
Regulation (EC) No 216/2008 is therefore to be
incorporated into the Agreement in order to allow for the full participation of
the EFTA States in the European Aviation Safety Agency.

(5)
Regulation (EC) No 216/2008 repeals Regulation
(EC) No 1592/2002[6]
of the European Parliament and of the Council, which is incorporated into the
Agreement and which is consequently to be repealed under the Agreement,

HAS ADOPTED THIS DECISION:

Article 1

Annex XIII to the Agreement shall be
amended as specified in the Annex to this Decision.

Article 2

The texts of Regulation (EC) No 216/2008 in
the Icelandic and Norwegian languages, to be published in the EEA Supplement to
the Official Journal of the European Union, shall be authentic.

Article 3

This Decision shall enter into force on ,
provided that all the notifications under Article 103(1) of the Agreement have
been made to the EEA Joint Committee*.

Article 4

This Decision shall be published in the EEA
Section of, and in the EEA Supplement to, the Official Journal of the
European Union.

Done at Brussels,

For
the EEA Joint Committee

The
President
           
           
           
            The Secretaries
            to the EEA Joint Committee

Declaration by the EFTA States

to Decision No [...] incorporating
Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20
February 2008 on common rules in the field of civil aviation and establishing a
European Aviation Safety Agency, and repealing Council Directive 91/670/EEC,
Regulation (EC) No 1592/2002 and Directive 2004/36/EC into the Agreement

‘Regulation (EC) No 216/2008 of the European
Parliament and of the Council deals among other things with the authority to
impose fines and periodic penalty payments in the area of aviation safety. The
incorporation of this Regulation is without prejudice to the institutional
solutions with regard to future acts conferring powers to impose sanctions.

ANNEX

to
Decision of the EEA Joint Committee No

Annex XIII to the Agreement shall be
amended as follows:

1.           The following indent shall be
added in points 66a (Council Regulation (EEC) No 3922/91) and 66r (Directive
2004/36/EC of the European Parliament and of the Council):

‘-       32008 R 0216: Regulation (EC)
No 216/2008 of the European Parliament and of the Council of 20 February 2008
(OJ L 79, 19.3.2008, p. 1).’

2.           The following shall be added in
point 68a (Council Directive 91/670/EEC):

‘, as amended by:

-        32008 R 0216: Regulation (EC)
No 216/2008 of the European Parliament and of the Council of 20 February 2008
(OJ L 79, 19.3.2008, p. 1).’

3.           The text of point 66n (Regulation
(EC) No 1592/2002 of the European Parliament and of the Council) shall be
replaced by the following:

‘32008 R 0216: Regulation (EC) No 216/2008
of the European Parliament and of the Council of 20 February 2008 on common
rules in the field of civil aviation and establishing a European Aviation
Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No
1592/2002 and Directive 2004/36/EC (OJ L 79, 19.3.2008, p. 1).

The provisions of the Regulation shall, for the
purposes of this Agreement, be read with the following adaptations:

(a)     Unless otherwise stipulated below, and
notwithstanding the provisions of Protocol 1 to the Agreement, the term “Member
State(s)” contained in the Regulation shall be understood to include, in
addition to its meaning in the Regulation, the EFTA States. Paragraph 11 of
Protocol 1 shall apply.

(b)     As regards the EFTA States, the Agency
shall, as and when appropriate, assist the EFTA Surveillance Authority or the
Standing Committee, as the case may be, in the performance of their respective
tasks. The Agency and the EFTA Surveillance Authority or the Standing
Committee, as the case may be, shall cooperate and exchange information as and
when appropriate.

(c)     Nothing in the present Regulation
shall be construed so as to transfer to the Agency authority to act on behalf
of the EFTA States under international agreements for other purposes than to
assist in the performance of their obligations pursuant to such agreements.

(d)     Article 12 shall be amended as
follows:

(i)      In paragraph 1, the words “or an EFTA
State” shall be inserted after the words “the Community”.

(ii)     Paragraph 2 shall be replaced by the
following:

“Whenever the Community negotiates with a third
country in order to conclude an agreement providing that a Member State or the
Agency may issue certificates on the basis of certificates issue by the
aeronautical authorities of that third country, it shall endeavour to obtain
for the EFTA States an offer of a similar agreement with the third country in
question. The EFTA States shall, in turn, endeavour to conclude with third
countries agreements corresponding to those of the Community.”

(e)     The following subparagraph shall be
added in Article 14(7):

“Without
prejudice to paragraph 4(d) of Protocol 1 to the EEA Agreement, when the
Commission and the EFTA Surveillance Authority exchange information on a
decision taken pursuant to this paragraph, the Commission shall communicate the
information received from the EFTA Surveillance Authority to the EU Member
States and the EFTA Surveillance Authority shall communicate the information
received from the Commission to the EFTA States.”

(f)     The following paragraph shall be added
to Article 15:

“5.     Regulation (EC) No 1049/2001 of the
European Parliament and of the Council of 30 May 2001 regarding public access
to European Parliament, Council and Commission documents shall, for the
application of the Regulation, apply to any documents of the Agency regarding
the EFTA States as well.”

(g)     The following shall be added in
Article 17(2)(b):

“The Agency shall also assist the EFTA
Surveillance Authority and provide it with the same support, where such
measures and tasks fall within the competence of the Authority pursuant to the
Agreement.”

(h)     Article 17(2)(e) shall be replaced by
the following:

“in its field of competence carry out functions
and tasks ascribed to the Contracting Parties by applicable international
Conventions, in particular the Chicago Convention. The national aviation
authorities of the EFTA States shall perform such functions and tasks only as
foreseen in the present Regulation.”

(i)      The first sentence of Article 20
shall be replaced by the following:

“With regard to products, parts and appliances
referred to in Article 4(1)(a) and (b), the Agency shall, where applicable and
as specified in the Chicago Convention or its annexes, carry out the functions
and tasks of the State of design, manufacture or registry when related to
design approval. The national aviation authorities of the EFTA States shall
perform such functions and tasks only as ascribed to them pursuant to the
present Article.”

(j)      Article 24 shall be amended as
follows:

(i)      The following shall be added in
paragraph 1:

“The Agency shall report to the EFTA
Surveillance Authority on standardisation inspections in an EFTA State.”

(ii)     The following shall be added in
paragraph 4:

“As regards the EFTA States, the Agency shall
be consulted by the EFTA Surveillance Authority.”

(k)     The following shall be added in
Article 25(1):

“The power to impose fines and periodic penalty
payments on the persons and undertakings to which the Agency has issued a
certificate shall in the case where such persons or undertakings are
established in an EFTA State be vested in the EFTA Surveillance Authority.”

(l)      In Article 25(4) the words “The Court
of Justice of the European Communities” shall be replaced by “The EFTA Court”
and the word “Commission” shall be replaced by “EFTA Surveillance Authority”
with regards to the EFTA States.

(m)    The following paragraph shall be added
to Article 29:

“4.     By way of derogation from Article
12(2)(a) of the Conditions of employment of other servants of the European
Communities, nationals of the EFTA States enjoying their full rights as
citizens may be engaged under contract by the Executive Director of the
Agency.”

(n)     The following shall be added in
Article 30:

“EFTA States shall apply to the Agency and to
its staff the Protocol of Privileges and Immunities of the European Communities
and applicable rules adopted pursuant to the Protocol.”

(o)     The following shall be inserted after
the word “Community” in Article 32(1):

“, Icelandic and Norwegian:”

(p)     The following shall be inserted after Article
33(2)(c):

“(ca)  The annual general report and the
Agency’s programme of work, pursuant to paragraphs (b) and (c) respectively,
shall be forwarded to the EFTA Surveillance Authority.”

(q)     The following paragraph shall be added
to Article 34:

“4.     The EFTA States shall participate
fully in the Management Board and shall within it have the same rights and
obligations as EU Member States, except for the right to vote.”

(r)      The following paragraph shall be
added to Article 41:

“6.     Nationals of the EFTA States shall be
eligible as members, including Chairpersons, of the Boards of Appeal. When the
Commission draws up the list of persons referred to in paragraph 3, it shall
also consider suitable persons of EFTA States’ nationalities.”

(s)     The following shall be inserted at the
end of Article 54(1):

“As regards the EFTA States, the Agency shall
assist the EFTA Surveillance Authority in the performance of the aforesaid
tasks.”

(t)      In Article 58(3), the following words
shall be added after the word “Treaty”:

“or in Icelandic or Norwegian”.

(u)     The following paragraph shall be added
to Article 59:

“12.   The EFTA States shall participate in
the financial contribution from the Community referred to in paragraph 1(a).
For this purpose, the procedures laid down in Article 82(1)(a) of and Protocol
32 to the Agreement shall apply mutatis mutandis.”

(v)     The following paragraphs shall be
added to Article 65:

“8.     The EFTA States shall participate
fully in the committee established pursuant to paragraph 1 and shall within it have
the same rights and obligations as EC Member States, except for the right to
vote.

9.       Where, in the absence of an agreement
between the Commission and the committee, the Council may take a decision on
the matter in question, the EFTA States may raise the issue in the EEA Joint
Committee in conformity with Article 5 of the Agreement.”

(w)    Where applicable, and unless otherwise
provided, the above adaptations shall apply mutatis mutandis to other
Community legislation conferring powers on the Agency and incorporated into
this Agreement.’

[1]               OJ L 305, 30.11.1994, p. 6.

[2]               OJ L 79, 19.3.2008, p. 1.

[3]               OJ L 240, 7.9.2002, p. 1.

[4]               OJ L ...

[5]               OJ L 79, 19.3.2008, p. 1.

[6]               OJ L 240, 7.9.2002, p. 1.

*               [No constitutional requirements indicated.]
[Constitutional requirements indicated.]