COMMISSION OF THE EUROPEAN COMVIUNITIES 
C0M(93) 265 final 
Brussels, 9 June 1993 
Recommendation for a 
COUNCIL DECISION 
The opening of negotiations between the EEC 
the Kingdom of Norway and the Kingdom of Sweden 
on a modification of their Agreement on civil aviation 
Proposal for a 
COUNCIL DECISION 
Concerning the amendment of the Agreement between the European Economic 
Community, the Kingdom of Norway and the Kingdom of Sweden on civil 
aviat ion 
(presented by the Commission) 
-A -
Recommendation for a Council Decision 
The opening of negotiations between the EEC 
the Kingdom of Norway and the Kingdom of Sweden 
on a modification of their Agreement on civil aviation 
- >1A -
1. In Council Decision 92/384/EEC concerning the conclusion of an 
Agreement between the European Economic Community, the Kingdom of 
Norway and the Kingdom of Sweden the Community has approved the 
Agreement between these three Parties on civil aviation. The 
Agreement creates a uniform system of rules governing civil aviation 
by extending the scope of all relevant Community legislation to 
Norway and Sweden. 
Since this agreement should not prejudge the outcome of the 
negotiations between the Community and the EFTA countries on the 
European Economic Area (EEA agreement) it was agreed that the 
Agreement shall be terminated on the date on which the EEA agreement 
enters into force. 
According to the Agreement new legislation adopted in each 
Contracting Party should be integrated in the Agreement. Since the 
conclusion of the negotiations on the Agreement, the Community has 
adopted new legislation among which the so-called third package of 
air transport policy creating the internal market for civil aviation 
in the Community. 
The Agreement contains in Article 12 the principle that new 
(Community) legislation is to be integrated in the Agreement. This is 
of particular importance for Community air carriers, because it 
allows them to operate under one regulatory regime in the Community, 
Norway and Sweden. The decision in this respect by the Joint 
Committee requires confirmation by the Council. 
" A Vr-
5. However, the entry into force of the EEA agreement could give rise to 
a backwards change in the arrangement between EC and Norway and 
Sweden by virtue of the present Agreement, since the new legislation 
mentioned above will not immediately be part of the EEA agreement but 
will become applicable in the EFTA States only when the necessary 
procedures to supplement the legislation in the EEA agreement have 
been completed. 
In these exceptional circumstances it is in the interest of all three 
Parties to make the necessary provision which allows application of 
the new legislation in Norway and Sweden after the entry into force 
of the EEA agreement until the necessary procedures have been 
completed. 
7. The Council is therefore asked to decide: 
- to authorize the Commission to open negotiations with the Kingdom 
of Norway and the Kingdom of Sweden with a view to amend the 
Agreement between these parties and the Community on civil 
aviation so as to ensure: 
* integration of new legislation in the Agreement 
* application of this legislation in Norway and Sweden after 
the entry into force of the EEA agreement until the necessary 
procedures to supplement the legislation in the EEA agreement 
have been completed. 
, /| c -
Proposal for a Council Decision 
Concerning the amendment of the Agreement between the European Economic 
Community, the Kingdom of Norway and the Kingdom of Sweden on civil 
aviat ion. 
2 -
Explanatory Memorandum 
In Council Decision 92/384/EEC concerning the conclusion of an 
Agreement between the European Economic Community, the Kingdom of 
Norway and the Kingdom of Sweden the Community has approved the 
Agreement between these three Parties on civil aviation. The 
Agreement creates a uniform system of rules governing civil aviation 
by extending the scope of all relevant Community legislation to 
Norway and Sweden. It entered into force 6 July 1992. 
According to the Agreement new legislation adopted in each 
Contracting Party should be integrated in the Agreement. Since the 
conclusion of the negotiations on the Agreement, the Community has 
adopted new Regulations and Directives among which the so-called 
third package of air transport policy creating the internal market 
for civil aviation in the Community. 
3. Integration of this new Community legislation in the Agreement is of 
particular importance for Community air carriers, because it allows 
them to operate under one regulatory regime in the Community, Norway 
and Sweden. The Joint Committee established by the Agreement has 
decided on 26 March 1993 to integrate eight Regulations and one 
Decision in the Agreement, subject, of course, to approval or 
ratification by each contracting party. In the Commuity the decision 
of the Joint Committee requires confirmation by the Council. It is 
envisaged that the decision enters into force on 1 July 1993, or on 
the date on which the last instrument of ratification has been 
deposited, whichever date is the later. 
4. The Agreement between the Community, Norway and Sweden has a direct 
relationship with the agreement negotiated between the Community and 
EFTA countries on the European Economic Area (EEA agreement). It wi I 
cease to be in force on the date on which the EEA agreement enters 
into force. 
3 -
5. However, the new legislation to be integrated in the Agreement can 
only become applicable under the EEA agreement after its entry into 
force and when the procedures for inclusion of new legislation in the 
EEA agreement have been completed. 
It is, therefore, in the interest of all Contracting Party's to 
ensure that the objectives of the Agreement, a uniform system of 
rules throughout the Community, Norway and Sweden, will be met also 
after the entry into force of the EEA agreement. It is, therefore, 
important that the Agreement remains in force for a limited period of 
time, until the procedures to supplement the legislation in the EEA 
agreement have been completed. 
7. A decision to continue the application of the Agreement for a limited 
period of time after the entry into force of the EEA agreement is 
Justified in this exceptional situation, but does not prejudice in 
any way the provisions of the EEA agreement. However, unless the 
Joint Committee decides otherwise, the Agreement shall cease to be in 
force two years after the entry into force of the EEA agreement. 
8. The Council is therefore asked to : 
confirm the incorporation of relevant new Community legislation 
in the Agreement between the EEC, the Kingdom of Norway and the 
Kingdom of Sweden on civil aviation, 
adopt the annexed proposal for a Council Decision to amend the 
text of the Agreement as approved by Council Decision 92/384/EEC 
concerning the conclusion of an Agreement between the EEC, the 
Kingdom of Norway and the Kingdom of Sweden. 
Proposal for a Council Decision 
Concerning the amendment of the Agreement between the European Economic 
Community, the Kingdom of Norway and the Kingdom of Sweden on civil 
av iat ion. 
THE COUNCIL OF THE EUROPEAN COMMUNITIES 
Having regard to the Treaty establishing that the European Economic 
Community and in particular Article 113 thereof, 
Having regard to the proposal from the Commission, 
Whereas Council Decision 92/384/EEC concerning the conclusion of an 
Agreement between the European Economic Community, the Kingdom of Norway 
and the Kingdom of Sweden on civil aviation establishes a uniform system 
of rules concerning market access, airline capacity as well as price 
setting in the field of civil aviation, 
Whereas since the conclusion of this Agreement new legislation in the 
field of civil aviation has been adopted in the Community and whereas 
Article 12 of the agreement provides for the integration in the Agreement 
of amendments made to the legislation of each Party, 
Whereas in these exceptional circumstances it is appropriate to amend 
Article 19 of the agreement to ensure that the objective of the 
Agreement, a uniform system of rules throughout the Community, Norway and 
Sweden, will be met also after the entry into force of an Agreement 
between the Community and EFTA countries on the European Economic Area, 
- s -
Whereas the Council has decided at its meeting of that these 
modifications should be made and has authorized the Commission to open 
negotiations with Norway and Sweden with a view to make the necessary 
amendments to the Agreement. 
Whereas the Commission has conducted the negotiations in coordination and 
close cooperation with the Member States throughout the negotiating 
process. 
HAS DECIDED AS FOLLOWS : 
Article 1 
The decision of the Joint Committee to integrate in the Agreement between 
the European Economic Community, the Kingdom of Norway and the Kingdom of 
Sweden on civil aviation legislation adopted in the Community after the 
negotiations of that agreement is hereby approved on behalf of the 
Commun i t y. 
The decision of the Joint Committee is attached to this decision. 
Article 2 
The Agreement between the European Economic Community, the Kingdom of 
Norway and the Kingdom of Sweden to modify article 19.3 of the Agreement 
between ttie European Economic Community, the Kingdom of Norway and the 
Kingdom of Sweden on civil aviation is hereby approved on behalf of the 
Commun i t y. 
The text of the Agreement is attached to this decision. 
6 -
Article 3 
The President of the Council shall carry out the necessary formalities as 
provided for in Article 23 of the agreement. 
Article 4 
This decision shall enter into force on the day following its' 
publication in the Official Journal of the European Communities 
Done at Brussels, 
For the CounciI 
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AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY, THE KINGDOM OF NORWAY 
AND THE KINGDOM OF SWEDEN ON CIVIL AVIATION 
DECISION OF THE JOINT COMMITTEE 26 MARCH 1993 
Pursuant to article 12.3 in the Agreement between the European Economic 
Community, the Kingdom of Norway and the Kingdom of Sweden on civil 
aviation the Joint Committee has decided that the foi lowing regulations 
and Directive shall be integrated into the Agreement and be added to the 
list in Annex I. 
21. 2407/92 
Council Regulation of 23 July 1992 on licensing of air carriers 
Articles 1-18 
22. 2408/92 
Council Regulation of 23 July 1992 on access for Community air 
carriers to intra-Community air routes 
Articles 1-15 
The list of category 1 airports set out in Annex I of the 
Regulation shall be supplemented as follows : 
Norway : Oslo Airport System 
Sweden : Stockholm Airport System 
The list of airport systems set out in Annex II of the 
Regulation shall be supplemented as follows : 
Norway : Oslo - Fornebu/Gardermoen 
Sweden : Stockholm - Arlanda/Bromma 
23 2409/92 
Council Regulation of 23 July 1992 on fares and rates for air 
carr iers 
Art icles 1-11 
24 1284/91 
Council Regulation of 14 May 1991 amending Regulation No. 3975/87 
laying down the procedure for the application of the rules on 
competition to undertakings in the air transport sector 
Article 1 
Any reference to Articles 85 and 86 in this Regulation shall 
be understood to mean Articles 4 or 5 of this Agreement 
respect ively. 
25. 2410/92 
Council Regulation of 23 July 1992 amending Regulation No. 
3975/87 laying down the procedure for the application of the 
rules on competition to undertakings in the air transport sector 
- 9 
Art icle 1 
Any reference to Articles 85 or 86 in this Regulation shall be 
understood to mean Articles 4 or 5 of this Agreement respectively 
26. 2411/92 
Council Regulation of 23 July 1992 amending Regulation No. 
3976/87 on the application of Article 85(3) of the Treaty to 
certain categories of agreements and concerted practices in the 
air transport sector 
Art icle 1 
Any reference to Articles 85 or 86 in this Regulation shall be 
understood to mean Articles 4 or 5 of this Agreement respectively 
27. 3922/91 
Council Regulation of 16 December 1991 on the harmonization of 
technical requirements and administrative procedures in the field 
of civil aviat ion 
Articles 1-3, 5-11, 13 
28. 91/670 
Council Directive of 16 December 1991 on mutual acceptance of 
personnel licences for the exercise of functions in civil 
aviat ion 
Articles 1-7 
- 10 -
29. 95/93 
Council Regulation of 18 January 1993 on common rules for the 
allocation of slots at Community airports 
Articles 1-13 
The territory of Svalbard shall be exempted from the application of the 
Regulations and Directive listed above. 
-II-
In order to safeguard the proper functioning of the Agreement, the 
Joint Committee in accordance with Article 12.3 recommends the 
Contracting Parties to amend the Agreement as set out in the Annex to 
this decision. 
- I I I -
Pursuant to Article 14.3 of the Agreement, the decision in I above is 
subject to approval or ratification by the Contracting Parties in 
accordance with their own procedures. 
This decision shall enter into force on 1 July 1993 or on the date on 
which the last instrument of ratification has been deposited in 
accordance with Article 23.3 of the Agreement whichever date is the 
later. 
For the European For the Kingdom For the Kingdom 
Economic Community of Norway of Sweden 
- 11 -
Annex 
AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY, THE 
KINGDOM OF NORWAY AND THE KINGDOM OF SWEDEN 
Whereas the Agreement between the European Economic Community, the 
Kingdom of Norway and the kingdom of Sweden on civil aviation, 
hereinafter referred to as the Agreement, entered into force on 6 July 
1992; 
Whereas the Agreement establishes a uniform system of rules in the field 
of civil av iat ion; 
Whereas since the conclusion of this Agreement new legislation in the 
field of civil aviation has been adopted in the Community and whereas 
Article 12 of the Agreement provides for the integration in the Agreement 
of amendments made to the legislation of each Party; 
Whereas the Joint Committee, in accordance with Article 12 of the 
Agreement, decided on 26 March 1993 to integrate this new legislation in 
the Agreement ; 
Whereas this new legislation anticipates legislation that will be 
applicable under the EEA Agreement at the moment the internal procedures 
for its inclusion in the EEA Agreement are completed; 
Whereas Article 19.3 of the Agreement provides that the Agreement shall 
cease to be in force from the date an agreement between the Community and 
EFTA countries on the European Economic Area enters into force; 
Whereas, in order to ensure that the objective of the Agreement, a 
uniform sytem of rules throughout the Commmunity, Norway and Sweden, will 
be met also after the entry into force of the EEA agreement for the time 
required to complete the procedures to supplement the legislation in the 
EEA Agreement, it is important that the Agreement remains in force for a 
limited period of time; 
- 12 -
Whereas in view of these exceptional circumstances this agreement does 
not prejudice in any way the provisions of the EEA agreement and in 
particular not tho aplication of article K'O of the LLA agreement; 
HAVE AGREED AS FOLLOWS : 
ARTICLE 1 
Article 19.3 of the Agreement will be replaced by the following : 
This Agreement shall cease to be in force from the date an agreement 
between the EC and EFTA countries on the European Economic Area 
enters into force. 
However, as far as legislation mentioned in Annex 1 and adopted in 
accordance with Article 12.3 is concerned, this Agreement shall 
continue to apply to the extent that the same subject matter is not 
governed by the EEA agreement. 
If this Agreement has continued to apply in part for 18 months after 
the entry into force of the EEA agreement, the Joint Committee shall 
meet to decide upon the continued application of this Agreement. If 
the Joint Committee does not decide otherwise, this Agreement shall 
cease to be in force two years after the entry into force of the EEA 
agreement. 
In a case where the application of the. Article conflicts with 
provisions of the EEA agreement, the latter shall prevail. 
- 13 
ARTICLE 2 
This agreement shall be subject to approval or ratification in accordance 
with the Contracting parties' own procedures and the Parties shall notify 
each other of the completion of the procedures necessary for that 
purpose. 
This Agreement shall enter into force on the date on which the last 
instrument of ratification has been deposited. It shall be published in 
the Official Journal of the European Communities. 
This Agreement and the instuments of ratification shall be deposited in 
the archives of the Secretariat of the Council of the European 
Communities, which shall deliver a certified copy thereof to each 
Contracting Party. 
ARTICLE 3 
This agreement is drawn up in all the official languages : Danish, Dutch 
English, French, German, Greek, Italian, Portuguese, Spanish of the 
Community as well as in the Norwegian and Swedish languages, all texts 
beings equally authentic. 
For the European For the Kingdom For the kingdom 
Economic Community of Norway of Sweden 
-/IY-
KSN 0254-1475 
COM (93) 265 final 
DOCUMENTS 
EN 11 07 
Catalogue number : CB-CO-93-295-EN-C 
ISBN 92-77-56549-7 
OfBcc for Official Publications of the Europeaa Communities 
ls2985 Luxembourg