EUROPEAN COMMISSION 
Brussels, 1.12.2011 
SEC(2011) 1449 final 
2011/0395 (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) 
 
 
EN 1   EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  PROPOSAL 
In order to ensure the requisite legal securi ty and homogeneity of the Internal Market, the 
EEA Joint Committee is to integrate all the re levant Community legislation into the EEA 
Agreement as soon as possi ble after its adoption. 
2. RESULTS  OF CONSULTATIONS  WITH  THE  INTERESTED  PARTIES  AND  
IMPACT  ASSESSMENTS 
The draft Decision of the EEA Joint Committ ee (annexed to the proposed Council Decision) 
aims to amend Annex XIII (transport) by adding  new Community acquis in this field. This 
concerns Commission Regulation (EU) No 255/2010 of 25 March 2010 laying down common 
rules on air traffic flow manage ment which is to be incorporated into the Agreement. A 
derogation is proposed for Liechtenstein, consider ing that the country’s particular situation 
concerning civil aviation (i.e. ve ry limited activities, only one heliport) has to be taken into 
due account. Based on a bilateral agreement, Swit zerland is taking care of the Liechtenstein 
airspace as regards air control issues.  
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 Deci sions, 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 woul d hope to be able to present it in the 
EEA Joint Committee at the ea rliest possible opportunity. 
 
EN 2   EN 2011/0395 (NLE) 
Proposal for a 
COUNCIL DECISION 
on the position to be taken by the Eu ropean Union in the EEA Joint Committee 
concerning an amendment to  Annex XIII (Transport) 
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 the proposal from the European Commission, 
Whereas: (1) Annex XIII to the Agreement on the European Economic Area, ("the EEA 
Agreement") contains specific provisions  and arrangements concerning transport. 
(2) Commission Regulation (EU) No 255/2010 of 25 March 2010 laying down common 
rules on air traffic flow management
1 should be incorporated in the EEA Agreement. 
(3) Annex XIII to the EEA Agreement should therefore be amended accordingly. (4) The position of the Uni on within the EEA Joint Committee should be based on the 
attached draft Decision 
                                                
 
1 OJ L 80, 26.3.2010, p. 10 
 
EN 3   EN HAS ADOPTED THIS DECISION:  
Article1 
The position to be taken by the Union wit hn the EEA Joint Committee on the proposed 
amendment to Annex XIII 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 fo rce on the day of its adoption. 
Done at …, 
 For the Council 
 The President
 
EN 4   EN 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 amende d by Decision of the EEA Joint Committee 
No …/… of …
1. 
(2) Commission Regulation (EU)  No 255/2010 of 25 March 2010 laying down common 
rules on air traffic flow management2 is to be incorporated into the Agreement, 
HAS ADOPTED THIS DECISION: 
Article 1 
The following point shall be inserted afte r point 66wh (Commission Regulation (EC) No 
262/2009) of Annex XIII to the Agreement: 
‘66wi. 32010 R 0255 : Commission Regulation (EU) No 255/2010 of 25 March 2010 laying 
down common rules on air traffic flow  management (OJ L 80, 26.3.2010, p. 10). 
The provisions of the Regulation shall, for the purposes of this Agreement, be read 
with the following adaptations: 
This Regulation shall not apply to Liechtenstein.’ 
Article 2 
The texts of Regulation (EU) No 255/2010 in th e Icelandic and Norweg ian languages, to be 
published in the EEA Supplement to the Official Journal of  the European Union , shall be 
authentic. 
                                                 
1 OJ L … 
2 OJ L 80, 26.3.2010, p. 10. 
 
EN 5   EN Article 3 
This Decision shall enter into force on […], pr ovided that all the notif ications 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 S ection 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   
 
                                                
 
∗ [No constitutional requirements indicated.]  [Constitutional requirements indicated.]