2006/728/EC: Decision No 2/2006 of the Community/Switzerland Air Transport Committee of 18 October 2006 amending the Annex to the Agreement between the European Community and the Swiss Confederation on Air Transport
Date: 2006-10-18
Institutions: European Union, Joint Committee, Switzerland
Subjects: Switzerland, agreement (EU), air safety, air space, air traffic, air transport, revision of an agreement

27.10.2006

EN

Official Journal of the European Union

L 298/25

DECISION No 2/2006 OF THE COMMUNITY/SWITZERLAND AIR TRANSPORT COMMITTEE

of 18 October 2006

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

(2006/728/EC)

THE COMMUNITY/SWITZERLAND AIR TRANSPORT COMMITTEE,

The following shall be inserted after the inclusion referred

2.
to in Article 2(1) of the present Decision:

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:

‘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).

Article 1

1.
The following shall be inserted after the end of point 5
(Aviation Security) of the Annex to the Agreement, as inserted
by Article 1(1) of Decision No 1/2005 of the Community/Swit-
zerland Air Transport Committee of 12 July 2005 (1):

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:

‘6. Air Traffic Management’

The numbering of point 6 (Others) of the Annex to the

2.
Agreement shall be changed to 7.

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

(a) Article 3 shall be amended as follows:

Article 2

(b) Article 7 shall be amended as follows:

The following shall be inserted after the inclusion referred

1.
to in Article 1(1) of the present Decision:

‘No 549/2004

In paragraph 1 and paragraph 6, the words “and Swit-
“the
zerland”
Community”.

the words

inserted

shall

after

be

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).

(c) Article 8 shall be amended as follows:

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

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

(d) Article 10 shall be amended as follows:

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 (EC) No 549/2004 or
in the
provisions of Decision 1999/468/EC mentioned in that
provision shall not be understood to apply to Switzerland.’.

(1) OJ L 210, 12.8.2005, p. 46.

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.” ’.

L 298/26

EN

Official Journal of the European Union

27.10.2006

The following shall be inserted after the inclusion referred

3.
to in Article 2(2) of the present Decision:

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

‘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 towards Switzerland the powers
granted to it according to Article 2, 3(5) and 10.’.

The following shall be inserted after the inclusion referred

4.
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 inter-
operability Regulation).

The Commission shall enjoy towards 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,
inserted after the words “the Community”.

the words “or Switzerland” shall be

The following shall be inserted after the inclusion referred

6.
to in Article 2(5) of the present Decision:

‘No 2150/2005

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

Article 3

In point 3 (Technical Harmonisation) of the Annex to the

1.
Agreement, the following shall be deleted:

‘No 93/65

Council Directive 93/65/EEC of 19 July 1993 on the defi-
nition 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 97/15

standards

Commission Directive 97/15/EC of 25 March 1997 adopting
and amending Council Directive
Eurocontrol
93/65/EEC on the definition and use of
compatible
technical specifications for the procurement of air traffic
management equipment and systems.

(b) Article 7 shall be amended as follows:

In paragraph 4,
inserted after the words “the Community”.

the words “or Switzerland” shall be

(Articles 1-4, 6)’

Article 4

(c) Annex III shall be amended as follows:

In section 3, second and last indent, the words “or Swit-
“the
zerland”
shall
Community” ’.

the words

inserted

after

be

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.

The following shall be inserted after the inclusion referred

5.
to in Article 2(4) of the present Decision:

Done at Brussels, 18 October 2006.

For the Joint Committee

‘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 Head of the Community
Delegation

The Head of the Swiss
Delegation

Daniel CALLEJA CRESPO

Raymond CRON