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) to the EEA Agreement.
Date: 2011-10-25
Institutions: European Commission
Subjects: European Aviation Safety Agency, European Economic Area, air safety, civil aviation, revision of an agreement, transport regulations

EUROPEAN COMMISSION 

Brussels, 25.10.2011 
COM(2011) 677 final 

2011/0292 (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) to the EEA Agreement. 

 
 
  
 
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) to the EEA Agreement in order to incorporate into the 
Agreement Regulation (EC) No 216/2008 of the European Parliament and of the Council of 
20 February 2008 on common rules in the field of civil aviation and establishing a European 
Aviation  Safety  Agency,  and  repealing  Council  Directive  91/670/EEC,  Regulation  (EC)  No 
1592/2002 and Directive 2004/36/EC. 

The  EEA/EFTA  states  issue  a  declaration  attached  to  the  Joint  Committee  Decision  which 
states  that  “Regulation  (EC)  No  216/2008  of  the  European  Parliament  and  of  the  Council 
deals among other things with the authority to impose fines and periodic penalty payments in 
the  area  of  aviation  safety.  The  incorporation  of  this  Regulation  is  without  prejudice  to  the 
institutional solutions with regard to future acts conferring powers to impose sanctions.” 

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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2011/0292 (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) to the EEA Agreement. 

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) 

(3) 

(4) 

(5) 

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

Regulation  (EC)  No  216/2008  of  the  European  Parliament  and  of  the  Council  of  20 
February  2008  on  common  rules  in  the  field  of  civil  aviation  and  establishing  a 
European  Aviation  Safety  Agency,  and  repealing  Council  Directive  91/670/EEC, 
Regulation  (EC)  No  1592/2002  and  Directive  2004/36/EC2  has  as  its  principal 
objective to establish and maintain a high uniform level of civil aviation safety within 
the Community. 

The  activities  of  the  European  Aviation  Safety  Agency  may  affect  the  level  of  civil 
aviation safety within the European Economic Area. 

Regulation  (EC)  No  216/2008  is  therefore  to  be  incorporated  into  the  Agreement  in 
order to allow for the full participation of the EFTA States in the European Aviation 
Safety Agency. 

Regulation  (EC)  No  216/2008  repeals  Regulation  (EC)  No  1592/20023  of  the 
European  Parliament  and  of  the  Council,  which  is  incorporated  into  the  Agreement 
and which is consequently to be repealed under the Agreement, 

1 
2 
3 

OJ L 305, 30.11.1994, p. 6.  
OJ L 79, 19.3.2008, p. 1. 
OJ L 240, 7.9.2002, p. 1. 

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HAS ADOPTED THIS DECISION:  

Article 1 

The  position  to  be  taken  by  the  Union  in  the  EEA  Joint  Committee  on  an  envisaged 
amendment  to  Annex  XIII  (Transport)  to  the  EEA  Agreement  shall  be  based  on  the  draft 
Decision of the EEA Joint Committee attached to this Decision. 

Article 2 

This Decision shall enter into force on the day of its adoption. 

Done at Brussels, 

For the Council 
The President 

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ANNEX  

Draft 

DECISION OF THE EEA JOINT COMMITTEE  
No 

of 

amending Annex XIII (Transport) to the EEA Agreement 

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) 

(2) 

(3) 

(4) 

(5) 

Annex XIII to the Agreement was amended by Decision of the EEA Joint Committee 
No …/… of …4. 

Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 
February  2008  on  common  rules  in  the  field  of  civil  aviation  and  establishing  a 
European  Aviation  Safety  Agency,  and  repealing  Council  Directive  91/670/EEC, 
Regulation  (EC)  No  1592/2002  and  Directive  2004/36/EC5  has  as  its  principal 
objective  to  establish  and  maintain  a  high  uniform  level  of  civil  aviation  safety 
within the Community. 

The activities of the European Aviation Safety Agency may affect the level of civil 
aviation safety within the European Economic Area. 

Regulation (EC) No 216/2008 is therefore to be incorporated into the Agreement in 
order to allow for the full participation of the EFTA States in the European Aviation 
Safety Agency. 

Regulation  (EC)  No  216/2008  repeals  Regulation  (EC)  No  1592/20026  of  the 
European Parliament and of the Council, which is incorporated into the Agreement 
and which is consequently to be repealed under the Agreement, 

HAS ADOPTED THIS DECISION: 

Annex XIII to the Agreement shall be amended as specified in the Annex to this Decision. 

Article 1 

4 
5 
6 

OJ L … 
OJ L 79, 19.3.2008, p. 1. 
OJ L 240, 7.9.2002, p. 1. 

EN 

5 

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Article 2 

The texts of Regulation (EC) No 216/2008 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 

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

Article 4 

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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Declaration by the EFTA States 

to Decision No […] incorporating Regulation (EC) No 216/2008 of the European 
Parliament and of the Council of 20 February 2008 on common rules in the field of civil 
aviation and establishing a European Aviation Safety Agency, and repealing Council 
Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC into the 
Agreement 

‘Regulation (EC) No 216/2008 of the European Parliament and of the Council deals among 
other things with the authority to impose fines and periodic penalty payments in the area of 
aviation safety. The incorporation of this Regulation is without prejudice to the institutional 
solutions with regard to future acts conferring powers to impose sanctions. 

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ANNEX 

to Decision of the EEA Joint Committee No 

Annex XIII to the Agreement shall be amended as follows: 

1. 

The  following  indent  shall  be  added  in  points  66a  (Council  Regulation  (EEC)  No 
3922/91)  and  66r  (Directive  2004/36/EC  of  the  European  Parliament  and  of  the 
Council): 

‘- 

32008 R 0216: Regulation (EC) No 216/2008 of the European Parliament and 
of the Council of 20 February 2008 (OJ L 79, 19.3.2008, p. 1).’ 

2. 

The following shall be added in point 68a (Council Directive 91/670/EEC): 

‘, as amended by: 

- 

32008 R 0216: Regulation (EC) No 216/2008 of the European Parliament and 
of the Council of 20 February 2008 (OJ L 79, 19.3.2008, p. 1).’ 

3. 

The  text  of  point  66n  (Regulation  (EC)  No  1592/2002  of  the  European  Parliament 
and of the Council) shall be replaced by the following: 

‘32008 R 0216: Regulation (EC) No 216/2008 of the European Parliament and of the 
Council  of  20  February  2008  on  common  rules  in  the  field  of  civil  aviation  and 
establishing  a  European  Aviation  Safety  Agency,  and  repealing  Council  Directive 
91/670/EEC,  Regulation  (EC)  No  1592/2002  and  Directive  2004/36/EC  (OJ  L  79, 
19.3.2008, p. 1). 

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

(a)  Unless  otherwise  stipulated  below,  and  notwithstanding  the  provisions  of 
Protocol  1  to  the  Agreement,  the  term  “Member  State(s)”  contained  in  the 
Regulation  shall  be  understood  to  include,  in  addition  to  its  meaning  in  the 
Regulation, the EFTA States. Paragraph 11 of Protocol 1 shall apply. 

(b)  As regards the EFTA States, the Agency shall, as and when appropriate, assist 
the EFTA Surveillance Authority or the Standing Committee, as the case may 
be,  in  the  performance  of  their  respective  tasks.  The  Agency  and  the  EFTA 
Surveillance  Authority  or  the  Standing  Committee,  as  the  case  may  be,  shall 
cooperate and exchange information as and when appropriate. 

(c)  Nothing  in  the  present  Regulation  shall  be  construed  so  as  to  transfer  to  the 
Agency  authority  to  act  on  behalf  of  the  EFTA  States  under  international 
agreements  for  other  purposes  than  to  assist  in  the  performance  of  their 
obligations pursuant to such agreements. 

(d)  Article 12 shall be amended as follows: 

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(i) 

In paragraph 1, the words “or an EFTA State” shall be inserted after the 
words “the Community”. 

(ii)  Paragraph 2 shall be replaced by the following: 

“Whenever  the  Community  negotiates  with  a third  country  in  order  to  conclude  an 
agreement providing that a Member State or the Agency may issue certificates on the 
basis of certificates issue by the aeronautical authorities of that third country, it shall 
endeavour  to  obtain  for  the  EFTA  States  an  offer  of  a  similar  agreement  with  the 
third country in question. The EFTA States shall, in turn, endeavour to conclude with 
third countries agreements corresponding to those of the Community.” 

(e)  The following subparagraph shall be added in Article 14(7): 

“Without prejudice to paragraph 4(d) of Protocol 1 to the EEA Agreement, when the 
Commission  and  the  EFTA  Surveillance  Authority  exchange  information  on  a 
decision  taken  pursuant  to  this  paragraph,  the  Commission  shall  communicate  the 
information  received  from  the  EFTA  Surveillance  Authority  to  the  EU  Member 
States  and  the  EFTA  Surveillance  Authority  shall  communicate  the  information 
received from the Commission to the EFTA States.” 

(f)  The following paragraph shall be added to Article 15: 

“5.  Regulation  (EC)  No  1049/2001  of  the  European  Parliament  and  of  the 
Council of 30 May 2001 regarding public access to European Parliament, 
Council  and  Commission  documents  shall,  for  the  application  of  the 
Regulation, apply to any documents of the Agency regarding the EFTA 
States as well.” 

(g)  The following shall be added in Article 17(2)(b): 

“The Agency shall also assist the EFTA Surveillance Authority and provide it with 
the same support, where such measures and tasks fall within the competence of the 
Authority pursuant to the Agreement.” 

(h)  Article 17(2)(e) shall be replaced by the following: 

“in its field of competence carry out functions and tasks ascribed to the Contracting 
the  Chicago 
Parties  by  applicable 
Convention. The national aviation authorities of the EFTA States shall perform such 
functions and tasks only as foreseen in the present Regulation.” 

international  Conventions, 

in  particular 

(i)  The first sentence of Article 20 shall be replaced by the following: 

“With regard to products, parts and appliances referred to in Article 4(1)(a) and (b), 
the Agency shall, where applicable and as specified in the Chicago Convention or its 
annexes,  carry  out  the  functions  and  tasks  of  the  State  of  design,  manufacture  or 
registry  when  related  to  design  approval.  The  national  aviation  authorities  of  the 
EFTA  States  shall  perform  such  functions  and  tasks  only  as  ascribed  to  them 
pursuant to the present Article.” 

(j)  Article 24 shall be amended as follows: 

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(i)  The following shall be added in paragraph 1: 

“The  Agency  shall  report  to  the  EFTA  Surveillance  Authority  on  standardisation 
inspections in an EFTA State.” 

(ii)  The following shall be added in paragraph 4: 

“As  regards  the  EFTA  States,  the  Agency  shall  be  consulted  by  the  EFTA 
Surveillance Authority.” 

(k)  The following shall be added in Article 25(1): 

“The  power  to  impose  fines  and  periodic  penalty  payments  on  the  persons  and 
undertakings  to  which  the  Agency  has  issued  a  certificate  shall  in  the  case  where 
such  persons  or  undertakings  are  established  in  an  EFTA  State  be  vested  in  the 
EFTA Surveillance Authority.” 

(l) 

In  Article  25(4)  the  words  “The  Court  of  Justice  of  the  European 
Communities”  shall  be  replaced  by  “The  EFTA  Court”  and  the  word 
“Commission”  shall  be  replaced  by  “EFTA  Surveillance  Authority”  with 
regards to the EFTA States. 

(m)  The following paragraph shall be added to Article 29: 

“4.  By  way  of  derogation  from  Article  12(2)(a)  of  the  Conditions  of 
employment of other servants of the European Communities, nationals of 
the  EFTA  States  enjoying  their  full  rights  as  citizens  may  be  engaged 
under contract by the Executive Director of the Agency.” 

(n)  The following shall be added in Article 30: 

“EFTA States shall apply to the Agency and to its staff the Protocol of Privileges and 
Immunities  of  the  European  Communities  and  applicable  rules  adopted  pursuant  to 
the Protocol.” 

(o)  The following shall be inserted after the word “Community” in Article 32(1): 

“, Icelandic and Norwegian:” 

(p)  The following shall be inserted after Article 33(2)(c): 

“(ca)  The  annual  general  report  and  the  Agency’s  programme  of  work, 
pursuant to paragraphs (b) and (c) respectively, shall be forwarded to the 
EFTA Surveillance Authority.” 

(q)  The following paragraph shall be added to Article 34: 

“4.  The  EFTA  States  shall  participate  fully  in  the  Management  Board  and 
shall within it have the same rights and obligations as EU Member States, 
except for the right to vote.” 

(r)  The following paragraph shall be added to Article 41: 

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“6.  Nationals  of  the  EFTA  States  shall  be  eligible  as  members,  including 
Chairpersons, of the Boards of Appeal. When the Commission draws up 
the  list  of  persons  referred  to  in  paragraph  3,  it  shall  also  consider 
suitable persons of EFTA States’ nationalities.” 

(s)  The following shall be inserted at the end of Article 54(1): 

“As  regards  the  EFTA  States,  the  Agency  shall  assist  the  EFTA  Surveillance 
Authority in the performance of the aforesaid tasks.” 

(t) 

In Article 58(3), the following words shall be added after the word “Treaty”: 

“or in Icelandic or Norwegian”. 

(u)  The following paragraph shall be added to Article 59: 

“12.  The EFTA States shall participate in the financial contribution from the 
Community  referred  to  in  paragraph  1(a).  For  this  purpose,  the 
procedures  laid  down  in  Article  82(1)(a)  of  and  Protocol  32  to  the 
Agreement shall apply mutatis mutandis.” 

(v)  The following paragraphs shall be added to Article 65: 

“8.  The  EFTA  States  shall  participate  fully  in  the  committee  established 
pursuant  to  paragraph  1  and  shall  within  it  have  the  same  rights  and 
obligations as EC Member States, except for the right to vote. 

9.  Where, in the absence of an agreement between the Commission and the 
committee, the Council may take a decision on the matter in question, the 
EFTA  States  may  raise  the  issue  in  the  EEA  Joint  Committee  in 
conformity with Article 5 of the Agreement.” 

(w)  Where  applicable,  and  unless  otherwise  provided,  the  above  adaptations  shall 
apply  mutatis  mutandis  to  other  Community  legislation  conferring  powers  on 
the Agency and incorporated into this Agreement.’ 

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