Draft DECISION OF THE EEA JOINT COMMITTEE amending Annex XIII (Transport) to the EEA Agreement - Draft common position of the Community - (presented by the Commission)

EXPLANATORY MEMORANDUM

1. Chapter VI, Civil Aviation, of Annex XIII to the EEA Agreement lays down a transitional period expiring on 1 January 2000, subject to a review by the EEA Joint Committee. In the course of this review Liechtenstein has requested an extension to the transitional period.

2. The circumstances that justified this transitional period have not changed. Full application of Community legislation in this area would open the negligible Liechtenstein market to Community's carriers, but operators establishing in Liechtenstein would gain access to virtually all routes in the EEA. Therefore the only negative consequences of the transitional period are for Liechtenstein.

3. The EEA Joint Committee should therefore adopt the attached decision to amend Annex XIII to the EEA Agreement.

4. Article 1(3)(b) of Council Regulation (EC) No 2894/94 concerning the arrangements for implementing the EEA Agreement envisages that the Council establishes the Community position for decisions extending Community legislation with substantial changes.

5. The Council is therefore requested to agree to the attached draft Community position for adoption as an EEA Joint Committee Decision.

Draft

DECISION OF THE EEA JOINT COMMITTEE

amending Annex XIII (Transport) to the EEA Agreement

THE EEA JOINT COMMITTEE,

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

Whereas Decision of the EEA Council No 1/95 of 10 March 1995 on the entry into force of the Agreement on the European Economic Area for the Principality of Liechtenstein [1] provided that Liechtenstein shall implement the acts referred to in Chapter VI (Civil Aviation) of Annex XIII to the Agreement from 1 January 2000 subject to review by the EEA Joint Committee during 1999;

[1] OJ L 86, 20.4.1995, p. 58.

Whereas the review conducted by the Joint Committee according to Chapter VI, Civil Aviation, of Annex XIII to the Agreement, has concluded that the specific circumstances in Liechtenstein that justified the transitional period have not changed;

Whereas it is appropriate to extend the transitional period on this basis until 1 January 2002;

HAS DECIDED AS FOLLOWS:

Article 1

The text in Annex XIII, Chapter VI, Civil Aviation, between the chapter heading and the subheading '(I) Competition rules' shall be replaced by the following:

'Liechtenstein shall implement the provisions of the acts referred to under subheading (ii) to (vi) from 1 January 2002 subject to review by the Joint Committee during 2001.'

Article 2

This Decision shall enter into force on [1 January 2000], provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee.

Article 3

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

Done at Brussels, ...... 1999.

For the EEA Joint Committee The President

N. v. Liechtenstein

The Secretaries to the EEA Joint Committee