Proposal for a COUNCIL DECISION on a Community Position regarding Decision No. 3/2003 of the Community/Switzerland Air Transport Committee established under the Agreement between the European Community and the Swiss Confederation on Air Transport, amending the Annex to the Agreement

(presented by the Commission)

EXPLANATORY MEMORANDUM

On 1 June 2002 the Agreement between the European Community and the Swiss Confederation on Air Transport entered into force. Article 21 of the Agreement establishes a Community/Switzerland Air Transport Committee which is responsible for the administration and proper implementation of the Agreement.

New Community legislation to be included in the Annex to the Agreement

Article 1, Paragraph 2 of the Agreement provides for the application in Switzerland of Community legislation specified in the Annex to the Agreement. Article 23, paragraph 4 of the Agreement stipulates that the Community/Switzerland Air Transport Committee shall either adopt a decision revising the Annex or, if necessary, propose a revision of the provisions of the Agreement, so as to integrate therein, if necessary on a basis of reciprocity, the amendments made to the legislation in question.

Since the signature of the Agreement Community legislation amending or repealing several directives and regulations listed in the Annex has been adopted. Furthermore, Community legislation on new subjects has been introduced. The amendment of the Annex, with a view to bring it in conformity with relevant Community legislation presently in force, is thus necessary.

At the first meeting of the Community/Switzerland Air Transport Committee on 16 December 2002 Switzerland stated that when incorporating new acquis, it would ask for a transitional period for its implementation equal to the periods that had been laid down by the relevant legislative acts when the Member States had to implement them. The exact scope of this principal Swiss demand was the subject of detailed negotiations between Commission and Swiss experts. These discussions have led to a list of amendments to the Annex to the Agreement for which Switzerland does ask for an implementation period, and which is the subject of the Decision annexed, and a list of amendments to the Annex to the Agreement for which Switzerland does not ask for any implementation period (the subject of a separate decision of the Community/Switzerland Air Transport Committee, No 2/2003).

Community Position on Decision 3/2003

Decision (2002/309/EC, Euratom) of the Council, and of the Commission as regards the Agreement on Scientific and Technological Cooperation, of 4 April 2002 on the conclusion of seven Agreements with the Swiss Confederation provides in its Article 3 that the position to be taken by the Community as regards decisions of the Community/Switzerland Air Transport Committee which simply extend acts of Community legislation to Switzerland, subject to any technical adjustment needed, shall be adopted by the Commission. For other Community/Switzerland Air Transport Committee decisions, the Community's position shall be adopted by the Council, acting by qualified majority, on a proposal from the Commission.

Since the transitional periods to be granted to Switzerland are no mere technical adjustments, it is for the Council to approve the Community position on the adoption of Decision 3/2003 of the Community/Switzerland Air Transport Committee, regarding the amendment of the Annex to the Agreement by introducing new Community legislation where Switzerland shall be granted transitional periods equal to those that had been laid down for the Member States.

The Council is invited to adopt the attached Decision.

Proposal for a COUNCIL DECISION on a Community Position regarding Decision No. 3/2003 of the Community/Switzerland Air Transport Committee established under the Agreement between the European Community and the Swiss Confederation on Air Transport, amending the Annex to the Agreement

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the Agreement [1] between the European Community and the Swiss Confederation on Air Transport, and in particular Article 23 thereof,

[1] Decision of the Council, and of the Commission as regards the Agreement on Scientific and Technological Cooperation, of April 2002 on the conclusion of seven Agreements with the Swiss Confederation (2002/309/EC, Euratom), OJ L 114, 30.4..2002, p.1.

Having regard to the Decision of the Council, and of the Commission as regards the Agreement on Scientific and Technological Cooperation, of 4 April 2002 on the conclusion of seven Agreements with the Swiss Confederation (2002/309/EC, Euratom), and in particular Article 3 thereof,

Having regard to the proposal from the Commission [2],

[2] OJ C [...] [...], p. [...]

Whereas:

(1) The Agreement between the European Community and the Swiss Confederation on Air Transport (hereinafter referred as "The Agreement") entered into force on 1 June 2002.

(2) Article 21 of the Agreement creates a Community/Switzerland Air Transport Committee with responsibility for the administration and proper implementation of the Agreement.

(3) New Community legislation relevant to the implementation of the Agreement has been adopted since the signature of the Agreement.

(4) Article 23, Paragraph 4 of the Agreement requires the Community/Switzerland Air Transport Committee to adopt decisions revising the Annex to the Agreement.

(5) Article 3, Paragraph 3 of the Decision of the Council, and of the Commission as regards the Agreement on Scientific and Technological Cooperation, of 4 April 2002 on the conclusion of seven Agreements with the Swiss Confederation (2002/309/EC, Euratom) provides that the Community's position for decisions of the Community/Switzerland Air Transport Committee not mentioned in Paragraph 2 thereof shall be adopted by the Council, acting by qualified majority, on a proposal from the Commission.

HAS DECIDED AS FOLLOWS:

Sole Article

The position of the European Community in the Community/Switzerland Air Transport Committee created by Article 21 of the Agreement between the European Community and the Swiss Confederation on Air Transport with regard to the amendment of the annex to the Agreement shall be based on the annex to this decision.

Done at Brussels,

For the Council

The President

ANNEX Draft Decision No 3/2003 of the Community/Switzerland Air Transport Committee amending the Annex to the Agreement between the European Community and the Swiss Confederation on Air Transport

DECISION OF THE COMMUNITY/SWITZERLAND AIR TRANSPORT COMMITTEE No 3/2003

of 2003

amending the Annex to the Agreement between the European Community and the Swiss Confederation on Air Transport

THE COMMUNITY/SWITZERLAND AIR TRANSPORT COMMITTEE,

Having regard to the Agreement between the European Community and the Swiss Confederation on Air Transport, hereinafter referred to as 'the Agreement', and in particular Article 23(4) thereof,

HAS DECIDED AS FOLLOWS:

Article 1

1. The following shall be added to point 1 (Third aviation package of liberalisation and other civil aviation rules) of the Annex to the Agreement, after the reference to Council Regulation (EEC) No 2299/89:

'2002/30 Directive of the European Parliament and of the Council of 26 March 2002 on the establishment of rules and procedures with regard to the introduction of noise-related operating restrictions at Community airports.

(Articles 1-12, 14-18) The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptation: Switzerland shall apply the Directive after a transitional period of the same length as the implementation period laid down in the Directive for the Member States of the Community.'

2. The following shall be added to point 1 (Third aviation package of liberalisation and other civil aviation rules) of the Annex to the Agreement, after the inclusion referred to in article 1.1 of the present Decision:

'2000/79 Council Directive of 27 November 2000 concerning the European Agreement on the Organisation of Working Time of Mobile Workers in Civil Aviation concluded by the Association of European Airlines (AEA), the European Transport Workers' Federation (ETF), the European Cockpit Association (ECA), the European Regions Airline Association (ERA) and the International Air Carrier Association (IACA). The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptation: Switzerland shall apply the Directive after a transitional period of the same length as the implementation period laid down in the Directive for the Member States of the Community.'

3. The following shall be added to point 1 (Third aviation package of liberalisation and other civil aviation rules) of the Annex to the Agreement, after the inclusion referred to in article 1.2 of the present Decision: '93/104 Council Directive of 23 November 1993 concerning certain aspects of the organization of working time as amended by Directive 2000/34/EC of 22 June 2000. The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptation: Switzerland shall apply the Directive after a transitional period of the same length as the implementation period laid down in the Directive for the Member States of the Community.'

Article 2

The following shall be added to the reference to Commission Regulation 1617/93 in point 2 (Competition rules) of the Annex to the Agreement:

', and by Commission Regulation (EC) No 1105/2002 of 25 June 2002.

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

Switzerland shall apply the Regulation after a transitional period of the same length as the implementation period laid down in the Regulation for the Member States of the Community.'

Article 3

This Decision shall be published in the Official Journal of the European Union, and the Official Compendium of Swiss Federal Law. It will enter into force on the first day of the second month following its adoption.

Done at Brussels, ... 2003.

For the Joint Committee

The Head of the Community Delegation

The Head of the Swiss Delegation