Proposal for a Council Decision on a Community Position regarding Decision No. [2/2006] 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: 2006-05-19
Institutions: European Commission
Subjects: Switzerland, agreement (EU), air transport, joint committee (EU), operation of the Institutions

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 19.5.2006 
COM(2006) 218 final 

Proposal for a 

COUNCIL DECISION 

on a Community Position regarding Decision No. [2/2006] 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) 

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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 in 1999, a range of new legislation has been introduced within 
the Community in the sector of air traffic management. On the occasion of the fourth meeting of the 
Community/Switzerland  Air  Transport  Committee,  which  was  held  in  Brussels  on  25  November 
2005, it was agreed in principle that Switzerland would incorporate the acquis related to the Single 
European Sky (SES): Regulation 549/2004 (the framework Regulation), Regulation 550/2004 (the 
service  provision  Regulation),  Regulation  551/2004  (the  airspace  Regulation)  and  Regulation 
552/2004 (the interoperability Regulation), as well as the first SES implementing acts: Regulation 
2096/2005  (common  requirements  for  the  provision  of  air  navigation  services)  and  Regulation 
2150/2005 (flexible use of airspace). 

Because  Switzerland  accepted  that  in  relation  to  the  SES  legislation  Community  Institutions  will 
have  direct  authority  on  its  territory  (“single  pillar  approach”)  Switzerland  can  participate,  as  an 
observer,  in  the  Single  European  Sky  Committee,  through  a  unilateral  Declaration  of  the  Council 
(similar to the unilateral declaration adopted by the Council in 2002 on Swiss participation in the 
aviation  competition  Committee  and  in  the  market  access  Committee,  and  similar  to  the  solution 
found for the EASA Regulation 1592/2002).  

COMMUNITY POSITION ON DECISION 2/2006 

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 Commission1. 

1 

See, for an earlier example, Decision No 1/2004 of the Community/Switzerland Air transport Committee of 6 
April  2004  amending  the  Annex  to  the  Agreement  between  the  European  Community  and  the  Swiss 
Confederation on Air Transport, OJ L 151, 30.04.2004, p. 1, with corrigendum, OJ L 208, 10.06.2004, p. 1. 

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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 Commission2.  

As the solution which has been found cannot be defined as mere technical adjustments, it is for the 
Council to adopt the Community position on this Joint Aviation Committee Decision, on the basis 
of this Commission Proposal. 

Once  this  Community  Position  is  adopted,  the  Community/Switzerland  Air  Transport  Committee 
will  adopt  the  Joint  Committee  Decision  through  the  written  procedure  which  is  foreseen  in  its 
Rules of Procedure. 

The Council is invited to adopt the attached Decision. 

2 

See, for an earlier example, Decision No 3/2004 of the Community/Switzerland Air transport Committee of 22 
April  2004  amending  the  Annex  to  the  Agreement  between  the  European  Community  and  the  Swiss 
Confederation on Air Transport, OJ L 151, 30.04.2004, p. 9, with corrigendum, OJ L 208, 10.06.2004, p. 7. 

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Proposal for a 

COUNCIL DECISION 

on a Community Position regarding Decision No. [2/2006] 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 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, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

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  with 
the 
Community/Switzerland  Air  Transport  Committee  not  mentioned  in  Paragraph  2  thereof 
(incorporation of new acquis subject to mere technical adjustments) shall be adopted by the 
Council,  acting  by  qualified  majority,  on  a  proposal  from  the  Commission.  As  the 
adaptations  with  which  the  new  legislation  will  be  incorporated  into  the  Agreement  go 
beyond mere technical adjustments, it is for the Council to adopt the Community’s position 
on this draft Joint Committee Decision 

the  adoption  of  decisions  by 

regard 

to 

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HAS DECIDED AS FOLLOWS: 

Article 1 

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. 

Article 2 

The  Declaration  on  Swiss  attendance  of  committees  contained  in  the  Final  Act  of  the  Agreement 
between  the  European  Community  and  the  Swiss  Confederation  signed  on  21  June  1999  and 
adopted by the Council on 4 April 2002, is supplemented by a Declaration on Swiss participation in 
the  Single  Sky  Committee.  This  Declaration  will  be  published  together  with  the  Joint  Committee 
Decision in the annex to this decision. 

Done at Brussels,  

For the Council 
The President 

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Proposal for a 

COUNCIL DECLARATION 

Accompanying the adoption of the Community Position regarding Decision No. [2/2006] 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 agrees that the Declaration on Swiss attendance of committees, 
contained  in  the  final  act  of  the  Agreement  between  the  European  Community  and  the  Swiss 
Confederation  on  Air  Transport,  signed  on  21  June  1999  and  adopted  by  the  Council  on  4  April 
2002,  can  henceforth  be  read  as  containing  an  additional  indent  stating  “ -  The  Committee 
established under Regulation 549/2004 (the Single European Sky Committee)”  

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ANNEX  

DECISION OF THE COMMUNITY/SWITZERLAND AIR TRANSPORT COMMITTEE 

No [2/2006] 

of […] 2006 

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

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 inserted after the end of point 5 (Aviation Security) of the Annex to 
the  Agreement,  as 
the 
Community/Switzerland Air Transport Committee of 12 July 20053: 

inserted  by  Article  1(1)  of  Decision  No  1/2005  of 

“6. Air Traffic Management” 

2. 

The numbering of point 6 (Others) of the Annex to the Agreement shall be changed to 7. 

Article 2 

1. 

The following shall be inserted after the inclusion referred to in Article 1(1) of the present 
Decision: 

“No 549/2004 

Regulation  (EC)  No  549/2004  of  the  European  Parliament  and  of  the  Council  of  10  March  2004 
laying down the framework for the creation of the single European sky (the framework Regulation) 

The Commission shall enjoy in Switzerland the powers granted to it according to Article 6, 8 (1), 
10, 11 and 12. 

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OJ L 210, 12.08.2005, p. 46. 

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Notwithstanding  the  horizontal  adaptation  provided  in  the  first  indent  of  the  Annex  to  the 
Agreement  between  the  European  Community  and  the  Swiss  Confederation  on  Air  transport,  the 
references to the “Member States” made in article 5 of Regulation 549/2004 or in the provisions of 
Decision  1999/468/EC  mentioned  in  that  provision  shall  not  be  understood  to  apply  to 
Switzerland.” 

2. 

The following shall be inserted after the inclusion referred to in Article 2(1) of the present 
Decision: 

“No 550/2004 

Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 2004 on 
the  provision  of  air  navigation  services  in  the  single  European  sky  (the  service  provision 
Regulation) 

The Commission shall enjoy towards Switzerland the powers granted to it according to Article 16 
as modified hereinafter. 

The  text  of  the  Regulation  shall,  for  the  purposes  of  the  Agreement,  be  read  with  the  following 
adaptations 

a) 

Article 3 shall be amended as follows: 

In paragraph 2, the words "and Switzerland" shall be inserted after the words "the Community". 

b) 

Article 7 shall be amended as follows: 

In paragraph 1 and paragraph 6, the words "and Switzerland" shall be inserted after the words "the 
Community". 

c) 

Article 8 shall be amended as follows: 

In paragraph 1, the words "and Switzerland" shall be inserted after the words "the Community". 

d) 

Article 10 shall be amended as follows: 

In paragraph 1, the words "and Switzerland" shall be inserted after the words "the Community". 

e) 

Article 16 paragraph 3 shall be replaced by the following wording: 

“3. The Commission shall address its decision to the Member States and inform the service provider 
thereof, in so far as it is legally concerned.“ 

3. 

The following shall be inserted after the inclusion referred to in Article 2(2) of the present 
Decision: 

“No 551/2004 

Regulation (EC) No 551/2004 of the European Parliament and of the Council of 10 March 2004 on 
the organisation and use of the airspace in the single European sky (the airspace Regulation)” 

The Commission shall enjoy in Switzerland the powers granted to it according to Article 2, 3(5) and 
10.” 

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4. 

The following shall be inserted after the inclusion referred to in Article 2(3) of the present 
Decision: 

“No 552/2004 

Regulation (EC) No 552/2004 of the European Parliament and of the Council of 10 March 2004 on 
the  interoperability  of  the  European  Air  Traffic  Management  network  (the  interoperability 
Regulation” 

The Commission shall enjoy in Switzerland the powers granted to it according to Article 4, 7 and 
10(3). 

The  text  of  the  Regulation  shall,  for  the  purposes  of  the  Agreement,  be  read  with  the  following 
adaptations 

a) 

Article 5 shall be amended as follows: 

In paragraph 2, the words "or Switzerland" shall be inserted after the words "the Community". 

b) 

Article 7 shall be amended as follows: 

In paragraph 4, the words "or Switzerland" shall be inserted after the words "the Community". 

c) 

Annex III shall be amended as follows: 

In  section  3,  second  and  last  indent,  the  words  "or  Switzerland"  shall  be  inserted  after  the  words 
"the Community".” 

5. 

The following shall be inserted after the inclusion referred to in Article 2(4) of the present 
Decision: 

“No 2096/2005 

Commission  Regulation  (EC)  No  2096/2005  of  20  December  2005  laying  down  common 
requirements for the provision of air navigation services” 

The Commission shall enjoy in Switzerland the powers granted to it according to Article 9.” 

6. 

The following shall be inserted after the inclusion referred to in Article 2(5) of the present 
Decision: 

“No 2150/2005 

Commission  Regulation  (EC)  No  2150/2005  of  23  December  laying  down  common  rules  for  the 
flexible use of airspace.” 

1. 

In point 3 (Technical Harmonisation) of the Annex to the Agreement, the following shall 
be deleted: 

Article 3 

“No 65/93 

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Council  Directive  (EC)  No  65/93  of  19  July  1993  on  the  definition  and  the  use  of  compatible 
technical and operating specifications for the procurement of air traffic management equipment and 
systems 

(Articles 1-5, 7-10) 

No 15/97 

Commission  Directive  (EC)  of  25  March  1997  adopting  Eurocontrol  standards  and  amending 
Council  Directive  93/65  on  the  definition  and  use  of  compatible  technical  specifications  for  the 
procurement of air traffic management equipment and systems 

(Articles 1-4, 6)” 

Article 4 

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, 

For the Joint Committee 
The Head of the Community Delegation 

The Head of the Swiss Delegation 

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