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: 2011-12-01
Institutions: European Commission
Subjects: European Economic Area, air safety, air space, air traffic, air traffic control, revision of an agreement

EUROPEAN COMMISSION 

Brussels, 1.12.2011 
SEC(2011) 1449 final 

2011/0395 (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 Commission Regulation (EU) No 255/2010 of 25 March 2010 laying down common 
rules  on  air  traffic  flow  management  which  is  to  be  incorporated  into  the  Agreement.  A 
derogation  is  proposed  for  Liechtenstein,  considering  that  the  country’s  particular  situation 
concerning civil aviation (i.e. very limited activities, only one heliport) has to be taken into 
due account. Based on a bilateral agreement, Switzerland is taking care of the Liechtenstein 
airspace as regards air control issues.  

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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2011/0395 (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 the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

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

Commission Regulation (EU) No 255/2010 of 25 March 2010 laying down common 
rules on air traffic flow management1 should be incorporated in the EEA Agreement. 

(3) 

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

(4) 

The  position  of  the  Union  within  the  EEA  Joint  Committee  should  be  based  on  the 
attached draft Decision 

1 

OJ L 80, 26.3.2010, p. 10 

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HAS ADOPTED THIS DECISION:  

Article1 

The  position  to  be  taken  by  the  Union  withn  the  EEA  Joint  Committee  on  the  proposed 
amendment to Annex XIII 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 …, 

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) 

(2) 

Annex XIII to the Agreement was amended by Decision of the EEA Joint Committee 
No …/… of …1. 

Commission Regulation (EU) No 255/2010 of 25 March 2010 laying down common 
rules on air traffic flow management2 is to be incorporated into the Agreement, 

HAS ADOPTED THIS DECISION: 

Article 1 

The  following  point  shall  be  inserted  after  point  66wh  (Commission  Regulation  (EC)  No 
262/2009) of Annex XIII to the Agreement: 

‘66wi.  32010 R 0255: Commission Regulation (EU) No 255/2010 of 25 March 2010 laying 

down common rules on air traffic flow management (OJ L 80, 26.3.2010, p. 10). 

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

This Regulation shall not apply to Liechtenstein.’ 

Article 2 

The texts of Regulation (EU) No 255/2010 in the Icelandic and Norwegian languages, to be 
published  in  the  EEA  Supplement  to  the  Official  Journal  of  the  European  Union,  shall  be 
authentic. 

1 
2 

OJ L … 
OJ L 80, 26.3.2010, p. 10. 

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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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