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 aviation
Date: 1993-06-09
Institutions: European Commission
Subjects: Norway, Sweden, agreement (EU), civil aviation, competition

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 

- 7 -

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. 

- I I-

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 

- / I Y-

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