Proposal for a Council Decision on a Community Position regarding Decision No. 1/2003 of the Community/Switzerland Air Transport Committee established under the Agreement between the European Community and the Swiss Confederation on Air Transport, adopting its rules of procedure
Date: 2003-12-11
Institutions: European Commission
Subjects: European Community, Switzerland, agreement (EU), air transport, joint committee (EU), rules of procedure

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 11.12.2003
COM(2003) 768 final

Proposal for a

COUNCIL DECISION

on a Community Position regarding Decision No. 1/2003 of the Community/Switzerland
Air Transport Committee established under the Agreement between the European
Community and the Swiss Confederation on Air Transport, adopting its rules of
procedure

(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.

RULES OF PROCEDURE OF THE COMMUNITY/ SWITZERLAND AIR TRANSPORT COMMITTEE

Article  21,  Paragraph  3  of  the  Agreement  stipulates  that  the  Community/Switzerland  Air
Transport  Committee  shall  adopt,  by  a  decision,  its  rules  of  procedure  which  shall  include,
among other provisions, the procedures for convening meetings, appointing the Chairman and
laying down the latter’s terms of reference.

At the first meeting of the Community/Switzerland Air Transport Committee on 16 December
2002 the two delegations agreed to apply the draft rules of procedure on a provisional basis
until their formal adoption at the second meeting of the Committee.

These draft rules of procedure had been drafted by Commission and Swiss experts, with the
close involvement of the Member States.

COMMUNITY POSITION ON DECISION 1/2003

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
the  Commission.  For  other
technical  adjustment  needed,  shall  be  adopted  by 
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  adoption  of  the  rules  of  procedure  of  the  Community/Switzerland  Air  Transport
Committee is no mere technical adjustment, it is for the Council to approve the Community
position  on  the  adoption  of  Decision  1/2003  of  the  Community/Switzerland  Air  Transport
Committee, regarding the adoption of the rules of procedure of that Committee.

The Council is invited to adopt the attached Decision.

2

 
Proposal for a

COUNCIL DECISION

on a Community Position regarding Decision No. 1/2003 of the Community/Switzerland
Air Transport Committee established under the Agreement between the European
Community and the Swiss Confederation on Air Transport, adopting its rules of
procedure

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having  regard  to  the  Agreement  between  the  European  Community  and  the  Swiss
Confederation on Air Transport1, and in particular Article 21 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)

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.

Article  21,  Paragraph  3  of  the  Agreement  requires  the  Community/Switzerland  Air
Transport Committee to adopt its rules of procedure.

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 
the
the  Community’s  position 
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.

for  decisions  of 

that 

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, 30.04.2002, p. 1.
OJ C […] […], p. […]

3

 
                                                
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 rules of procedure of this Committee
shall be based on the annex to this decision.

Done at Brussels,

For the Council
The President

4

 
ANNEX

Draft Decision No 1/2003
of the Community/Switzerland Air Transport Committee adopting its rules of
procedure

DECISION OF THE COMMUNITY/SWITZERLAND AIR TRANSPORT
COMMITTEE
No 1/2003

of 2003

adopting its rules of procedure

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 21(3) thereof,

HAS DECIDED AS FOLLOWS:

Sole Article

The rules of procedure of the Joint Committee annexed to this decision are hereby adopted.

Done at Brussels, … 2003

For the Joint Committee
The Head of the Community Delegation

The Head of the Swiss Delegation

5

 
Rules of procedure of the Community/Switzerland Air Transport Committee

ANNEX

Article 1
Chair

The Chair of the Committee shall be held in turn for a period of one calendar year by
a representative of the Commission of the European Communities, on behalf of the
European  Community,  hereinafter  referred  to  as  "the  Community",  and  by  a
representative of the Swiss Confederation. It shall be held by Switzerland during the
year of entry into force of the Agreement.

The head of delegation of the party which holds the Chair or, where appropriate, his
or her alternate, shall be Chair of the Committee.

Article 2
Delegations

Before each meeting, the heads of delegation shall inform the Chair of the intended
composition of their delegation.

The Parties shall appoint the heads of delegation who, outside the meetings, are to be
the contact persons for all matters relating to the Agreement.

The Chair, in agreement with the other head of delegation, may invite persons who
are  not  members  of  the  delegations  to  take  part  in  a  meeting  of  the  Committee  in
order to provide information on specific subjects.

The  parties  shall  inform  each  other,  at  least  one  week  before  the  meeting,  of  the
composition of their delegation.

Article 3
Secretariat

A representative of the Commission and a representative of the Swiss Confederation
shall  jointly  provide  the  Secretariat  for  the  Committee.  The  Secretaries  shall  be
designated by their respective head of delegation and shall continue to perform their
duties until a new Secretary is appointed. Each party shall send the name and address
of its Secretary to the other party.

The  Secretaries  shall  be  responsible  for  communication  between  the  delegations,
including the transmission of documents, and shall supervise the duties performed by
the Secretariat.

The  Secretariat  to  the  Committee  shall  be  under  the  direction  of  the  party  which
holds the Chair.

1.

2.

1.

2.

3.

4.

1.

2.

3.

6

 
1.

2.

3.

4.

5.

6.

7.

1.

2.

3.

1.

2.

Article 4
Meetings of the Committee

The Committee shall meet at least once a year. It shall be convened by the Chair. The
Chair  may  also  convene  the  Committee  at  the  request  of  the  head  of  the  other
delegation.

The Chair shall draw up the draft agenda and fix the date and place of the meeting in
agreement with the head of the other delegation.

The  Chair  shall  send  the  notice  of  meeting,  together  with  the  draft  agenda  and  the
documents  for  the  meeting,  to  the  head  of  the  other  delegation  no  later  than
15 working days before the meeting.

One of the two heads of delegation may ask the Chair to shorten the period indicated
in paragraph 3 in order to take account of the urgency of a particular matter.

Meetings  of  the  Committee  shall  not  be  public,  unless  decided  otherwise  by  the
Chair, with the agreement of the other head of delegation.

Depending on who holds the Chair, the Committee shall meet in Brussels or Berne,
unless the parties agree on another meeting place.

By joint agreement between the Chair and the other head of delegation, the meeting
may also be held by telephone or video  conference. In this case, the instruments of
the  Committee  shall  be  adopted  by  written  procedure,  in  accordance  with
Article 7(5), mutatis mutandis.

Article 5
Agenda

The Chair shall draw up the provisional agenda for each meeting.

The heads of delegation may propose one or more additional items to be included in
the agenda at the latest 24 hours before the meeting is due to begin. Any request for
additional items to be included in the agenda must be duly substantiated and sent in
writing to the Chair or to the head of the other delegation.

At  the  beginning  of  the  meeting,  the  Chair  and  the  other  head  of  delegation  shall
approve the agenda.

Article 6
Working parties

The composition and functioning of the working parties or groups of experts set up
in accordance with Article 21(5) of the Agreement shall be agreed, mutatis mutandis,
in accordance with the rules applicable to the Committee.

The  working  parties  or  groups  of  experts  shall  work  under  the  authority  of  the
Committee,  to  which  they  shall  report  after  each  of  their  meetings.  They  are  not

7

 
3.

1.

2.

3.

4.

5.

1.

2.

authorised  to  take  decisions  but  may  make  recommendations  for  the  Committee's
attention.

The  Committee  may  decide  to  terminate  or  to  amend  the  mandate  of  the  working
parties or groups of experts.

Article 7
Adoption of instruments

The  recommendations  and  decisions  of  the  Committee  within  the  meaning  of
Article 21(1)  of  the  Agreement  shall  be  adopted  by  consensus  between  the  two
delegations.  They  shall  be  entitled  "recommendation"  or  "decision",  followed  by  a
sequential number, the date of adoption and an indication as to the subject.

The  decisions  and  recommendations  of  the  Committee  shall  be  covered  by  the
signature of the Chair and the head of delegation of the party which does not hold the
Chair. An original copy shall be kept by each of the parties.

Each party may decide to publish any instrument adopted by the Committee.

The instruments  of the Committee  may be  adopted by written procedure if the  two
heads of delegation so agree.

The  party  which  proposes  use  of  the  written  procedure  shall  submit  the  draft
instrument to the other party. The other party shall reply indicating whether or not it
accepts  the  draft,  whether  it  proposes  any  changes  to  the  draft,  and  whether  it
requests additional time to consider it. If the draft is adopted, the Chair shall finalise
the decision or the recommendation in accordance with paragraphs 1 and 2 above.

Article 8
Minutes

The Secretariat shall draw up draft minutes of each meeting. The draft shall indicate
the  decisions  taken,  the  recommendations  made  and  the  conclusions  adopted.  The
minutes  shall  be  signed  by  the  Chair  and  by  the  head  of  the  other  delegation.  An
original copy shall be held by each party.

The  draft  minutes  shall  be  drawn  up  within  ten  working  days  of  the  end  of  the
meeting  and  shall  be  submitted  for  the  approval  of  the  Chair  and  the  head  of  the
other delegation by written procedure. If this procedure is not completed, the minutes
shall be adopted by the Committee at its next meeting.

Article 9
Confidentiality

The Committee's deliberations shall be confidential.

8

 
Article 10
Expenses

1.

2.

Each  party  shall  bear  any  expenses  it  incurs  relating  to  its  participation  in  the
meetings of the Committee and of the working parties or groups of experts.

The Committee  shall  agree  on  the  breakdown  of  expenses  relating  to  any  missions
assigned to experts.

Article 11
Correspondence

All correspondence to or from the Chair of the Committee shall be sent to the Secretariat of
the  Committee.  The  Secretariat  shall  send  a  copy  of  all  correspondence  concerning  the
Agreement to the heads of delegation and to the Swiss Mission to the European Communities.

9