Proposal for a COUNCIL DECISION on the position to be taken by the European Union in the EEA Joint Committeeconcerning an amendment to Annex XIII (Transport)
Date: 2011-06-22
Institutions: European Commission
Subjects: EEA Joint Committee, Iceland, Norway, air transport, transport regulations

EUROPEAN COMMISSION 

Brussels, 22.6.2011 
COM(2011) 378 final 

2011/0165 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken by the European Union in the EEA Joint Committee 
concerning an amendment to Annex XIII (Transport) 

 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

In  order  to  ensure  the  requisite  legal  security  and  homogeneity  of  the  Internal  Market,  the 
EEA  Joint  Committee  is  to  integrate  all  the  relevant  Community  legislation  into  the  EEA 
Agreement as soon as possible after its adoption. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

The draft Decision of the EEA Joint Committee (annexed to the proposed Council Decision) 
aims to amend Annex XIII (Transport) by adding new Community acquis in this field. This 
concerns Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 
September 2008 on common rules for the operation of air services in the Community (Recast) 
which is to be incorporated into the Agreement. This decision aims to transpose the common 
rules on the operation of air services while allowing for EEA-wide licences to be granted by 
EFTA States under the condition that the respective third country agreement is approved by 
the  EEA  Joint  Committee.  This  decision  is  also  providing  a  5  year  time  limit  for  public 
service  obligations  for  regional  airports  in  Iceland  and  the  four  northernmost  counties  in 
Norway the same way as the outermost regions referred to in Article 349 TFEU because these 
areas generally hold route areas that can be considered as equally peripheral to the outermost 
regions of the EU. 

Council  Regulation  (EC)  No  1008/2008  repeals  Council  Regulations  (EEC)  Numbers 
2407/92,  2408/92  and  2409/92,  which  are  incorporated  into  the  Agreement  and  which  are 
consequently to be repealed under the Agreement. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

Article  1(3)  of  Council  Regulation  (EC)  No  2894/94  concerning  arrangements  for 
implementing  the  EEA  Agreement  provides  that  the  Council  establishes  the  position  to  be 
adopted on the Union’s behalf on such Decisions, on a proposal from the Commission. 

The Commission submits the Draft Decision of the EEA Joint Committee for adoption by the 
Council as the Union’s position. The Commission would hope to be able to present it in the 
EEA Joint Committee at the earliest possible opportunity. 

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2011/0165 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken by the European Union in the EEA Joint Committee 
concerning an amendment to Annex XIII (Transport) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Articles 100 (2) and 218 (9) thereof, 

Having  regard  to  Council  Regulation  (EC)  No  2894/94  of  28  November  1994  concerning 
arrangements  for  implementing  the  Agreement  on  the  European  Economic  Area1,  and  in 
particular Article 1(3) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

Annex XIII to the Agreement on the European Economic Area, (hereinafter referred to 
as  "the  EEA  Agreement")  contains  specific  provisions  and  arrangements  concerning 
transport. 

It is appropriate to incorporate into the Agreement Regulation (EC) No 1008/2008 of 
the European Parliament and of the Council of 24 September 2008 on common rules 
for the operation of air services in the Community (Recast)2. It is also appropriate to 
repeal Council Regulations (EEC) Numbers 2407/923, 2408/924 and 2409/925, which 
are currently incorporated into the Agreement and have been repealed by Regulation 
(EC) No 1008/2008. 

(3) 

Annex XIII to the EEA Agreement should therefore be amended accordingly. 

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OJ L 305, 30.11.1994, p. 6.  
OJ L 293, 31.10.2008, p. 3. 
OJ L 240, 24.8.1992, p. 1. 
OJ L 240, 24.8.1992, p. 8. 
OJ L 240, 24.8.1992, p. 15. 

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HAS ADOPTED THIS DECISION:  

Sole Article 

The  position  to  be  taken  by  the  Union  in  the  EEA  Joint  Committee  on  an  envisaged 
amendment to Annex XIII to the EEA Agreement is laid down in the Annex to this Decision. 

Done at …, 

For the Council 
The President

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ANNEX 

Draft 

DECISION OF THE EEA JOINT COMMITTEE  
No  

amending Annex XIII (Transport) to the EEA Agreement 

of  

THE EEA JOINT COMMITTEE, 

Having regard to the Agreement on the European Economic Area, as amended by the Protocol 
adjusting  the  Agreement  on  the  European  Economic  Area,  hereinafter  referred  to  as  ‘the 
Agreement’, and in particular Article 98 thereof, 

Whereas: 

(1)  Annex  XIII  to  the  Agreement  was  amended  by  Decision  of  the  EEA  Joint 

Committee No …/… of …6. 

(2)  Regulation (EC) No 1008/2008 of the European Parliament and of the Council 
of 24 September 2008 on common rules for the operation of air services in the 
Community (Recast)7 is to be incorporated into the Agreement. 

(3)  Regulation  (EC)  No  1008/2008  repeals  Regulations  (EEC)  Nos  2407/928, 
2408/929 and 2409/9210, which are incorporated into the Agreement and which 
are consequently to be repealed under the Agreement, 

HAS DECIDED AS FOLLOWS: 

Annex XIII to the Agreement shall be amended as follows: 

Article 1 

1. 

The text of point 64a (Council Regulation (EEC) No 2408/92) shall be replaced by 
the following: 

‘32008 R 1008: Regulation (EC) No 1008/2008 of the European Parliament and of 
the Council of 24 September 2008 on common rules for the operation of air services 
in the Community (Recast) (OJ L 293, 31.10.2008, p. 3). 

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OJ L … 
OJ L 293, 31.10.2008, p. 3. 
OJ L 240, 24.8.1992, p. 1. 
OJ L 240, 24.8.1992, p. 8. 
OJ L 240, 24.8.1992, p. 15. 

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The provisions of the Regulation shall, for the purposes of this Agreement, be read 
with the following adaptations: 

(a) 

In Article 4(f) the words “, except as provided for in an agreement with a third 
country  to  which  the  Community  is  a  party;”  shall  be  replaced  by  the 
following: 

“. However, operating licenses with legal effects in the entire EEA can be granted on 
the  basis  of  exceptions  to  this  requirement  provided  for  in  agreements  with  third 
countries to which the Community or one or more EFTA States are parties, provided 
the EEA Joint Committee adopts a decision to that effect.” 

(b)  The following shall be added at the end of Article 16(9), second subparagraph: 

“,  as  well  as  regional  airports  in  Iceland  and  the  four  northernmost  counties  in 
Norway.”’ 

2. 

The  text  of  points  65  (Council  Regulation  (EEC)  No  2409/92)  and  66b  (Council 
Regulation (EEC) No 2407/92) shall be deleted. 

Article 2 

The texts of Regulation (EC) No 1008/2008 in the Icelandic and Norwegian languages, to be 
published  in  the  EEA  Supplement  to  the  Official  Journal  of  the  European  Union,  shall  be 
authentic. 

This  Decision  shall  enter  into  force  on  ,  provided  that  all  the  notifications  under  Article 
103(1) of the Agreement have been made to the EEA Joint Committee∗. 

Article 3 

Article 4 

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the 
Official Journal of the European Union. 

Done at Brussels, . 

For the EEA Joint Committee 

The President 

The Secretaries 
to the EEA Joint Committee 

∗ 

[No constitutional requirements indicated.] [Constitutional requirements indicated.] 

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