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
Date: 2003-12-11
Institutions: European Commission
Subjects: European Community, Switzerland, agreement (EU), air transport

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 11.12.2003
COM(2003) 769 final

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)

EN

  EN

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.

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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 Agreement1 between the European Community  and the Swiss Confederation
on Air Transport, and in particular Article 23 thereof,

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 Commission2,

Whereas:

(1)

(2)

(3)

(4)

(5)

1

2

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.

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

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

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

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.

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.
OJ C […] […], p. […]

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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

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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

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

of 2003

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

5

 
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

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