Proposal for a COUNCIL DECISION on the position to be taken by the European Union in the Joint Committee established under the Agreement on the European Economic Area concerning an amendment to Annex XIII (Transport) thereto
Date: 2012-04-26
Institutions: European Commission
Subjects: European Economic Area, air transport, revision of an agreement

EUROPEAN COMMISSION 

Brussels, 26.4.2012  
COM(2012) 187 final 

2012/0094 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken by the European Union in the Joint Committee established 
under the Agreement on the European Economic Area concerning an amendment to 
Annex XIII (Transport) thereto 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

With the incorporation of Regulation (EC) No 1008/2008 into the European Economic Area 
(EEA) Agreement (see point 64a in Annex XIII to the EEA Agreement1), a common regime 
was established between the Contracting Parties to the EEA Agreement, allowing air carriers 
from all EEA States to operate air services within the whole area of the EEA. 

The same regime has been established between the EU and Switzerland with the inclusion of 
Regulation (EC) No 1008/2008 into the EU-Switzerland Air Transport Agreement, for Swiss 
and Community air carriers2. 

Through  inclusion  of  Regulation  (EC)  No  1008/2008  into  the  Convention  establishing  the 
European  Free  Trade  Association  (Vaduz  Convention)3,  the  same  regime  has  also  been 
established  between  Switzerland  and  the  EEA  EFTA  States  for  Swiss  and  EEA  EFTA  air 
carriers. 

The EFTA States have raised the concern that despite this, three kinds of air services remain, 
however, problematic according to the present regimes: 

The  operation of  air  services by  a  Swiss air carrier from an EU Member State to an 

(i) 
EEA EFTA State and vice versa. 

The operation of air services by an EU air carrier from Switzerland to an EEA EFTA 

(ii) 
State and vice versa. 

The operation of air services by an EEA EFTA air carrier from an EU Member State 

(iii) 
to Switzerland and vice versa. 

In order to remove these legal restrictions so as to link the aviation markets established by the 
three Agreements mentioned above, it is necessary to grant air carriers from a State which is 
not  a  Party  to  the  respective  agreement  the  same  right  to  operate  air  services  as  air  carriers 
from a Contracting Party to the respective agreement (i.e. Swiss air carriers with respect to the 
EEA  Agreement,  EU  air  carriers  with  respect  to  the  Vaduz Convention  and  EEA  EFTA  air 
carriers with respect to the EU-Switzerland Air Transport Agreement). 

Switzerland and the EEA EFTA States therefore agreed to suggest the amendment of the three 
above mentioned Agreements as follows: 

The EEA Agreement should be amended to grant Swiss air carriers the right to operate 

(i) 
air services from an EU Member State to an EEA EFTA State and vice versa. 

The Vaduz Convention should be amended to grant EU air carriers the right to operate 

(ii) 
air services from Switzerland to an EEA EFTA State and vice versa. 

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EEA Joint Committee Decision No 90/2011 of 19.07.2011, OJ L262, 6.10.2011, p. 62. 
Joint Committee Decision No 1/2010 of 7.04.2010, OJ L106, 28.4.2010, p. 20. 
Decision of the EFTA Council No 1 of 2012 of 22 March 2012 amending the Appendix to Annex Q to 
the Convention (Air Transport). 

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(iii) 
The  EU-Switzerland  Air  Transport  Agreement  should  be  amended  to  grant  EEA 
EFTA air carriers the right to operate air services from an EU Member State to Switzerland 
and vice versa. 

The decisions foreseeing these amendments to the three Agreements should be linked to each 
other by a reciprocity clause to ensure that the decisions enter into force simultaneously. 

It is in the EU interest that air services by a EU air carrier can be operated from Switzerland to 
an EEA EFTA State and vice versa. The  envisaged amendments to the  EEA  Agreement, to 
the  EU-Switzerland  Air  Transport  Agreement  and  to  the  Vaduz  Convention  will  create  an 
integrated market for aviation services covering the whole EEA and Switzerland, on the basis 
of Regulation (EC) No 1008/2008. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

The EEA EFTA States and Switzerland agree with this proposal. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

The proposed amendments to Annex XIII of the EEA Agreement are included in the annex to 
the draft proposal for a Council Decision. 

They consist on the addition of a new paragraph between the current paragraphs (a) and (b) of 
point  64(a),  adding  a  new  paragraph  at  the  end  of  Article  15  of  Regulation  (EC)  No 
1008/2008 as incorporated into the EEA according to which Swiss air carriers will be entitled 
to  operate  air  services  from  an  European  Union  Member  State  to  an  EEA  EFTA  State  and 
vice versa under the same conditions as European Union and EEA EFTA air carriers. 

This  will  be  subject  to  the  condition  that,  on  the  one  hand,  the  European  Union  and 
Switzerland  grant  EEA  EFTA  air  carriers  the  right  to  operate  air  services  from  a  European 
Union Member State to Switzerland and vice versa, and, on the other hand, that Switzerland 
and the EEA EFTA States grant European Union air carriers the right to operate air services 
from Switzerland to an EEA EFTA State and vice versa. 

To  that  end,  the  entry  into  force  of  the  Joint  Committee  decision  will  be  dependent  on  the 
entry into force of the necessary amendments to the EU-Switzerland Air Transport Agreement 
and to the Vaduz Convention. 

4. 

BUDGETARY IMPLICATION 

The proposal does not have implications for the EU budget. 

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2012/0094 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken by the European Union in the Joint Committee established 
under the Agreement on the European Economic Area concerning an amendment to 
Annex XIII (Transport) thereto 

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 Area4, and in 
particular Article 1(3) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

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Annex XIII to the Agreement was amended by Decision of the EEA Joint Committee 
No 90/2011 of 19.07.20115, by virtue of which 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 Community6 was incorporated into the Agreement. 

Through  inclusion  of  Regulation  (EC)  No  1008/2008  into  the  Air  Transport 
Agreement between the European Community and the Swiss Confederation, the same 
regime has been established between EU and Switzerland for Swiss and Community 
air carriers7. 

Through inclusion of Regulation (EC) No 1008/2008 into the Convention establishing 
the European Free Trade Association (Vaduz Convention)8, the same regime has also 
been established between Switzerland and the EEA EFTA States for Swiss and EEA 
EFTA air carriers. 

Annex  XIII  to  the  EEA  Agreement  should  therefore  be  amended  to  grant  Swiss  air 
carriers the right to operate air services from an EU Member State to an EEA EFTA 
State and vice versa. 

OJ L 305, 30.11.1994, p. 6. 
OJ L262, 6.10.2011, p. 62. 
OJ L 293, 31.10.2008, p. 3. 
Joint Committee Decision No 1/2010 of 7.04.2010, OJ L106, 28.4.2010, p. 20. 
Decision of the EFTA Council No 1/2012 of 22.03.2012. 

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HAS ADOPTED THIS DECISION: 

Article1 

The  position  to  be  taken  by  the  Union  within  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 Brussels, 

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) 

(3) 

(4) 

(5) 

Annex XIII to the Agreement was amended by Decision of the EEA Joint Committee 
No ... of …9. 

Annex XIII to the Agreement was amended by Decision of the EEA Joint Committee 
No  90/2011  of  19  July  201110,  which  incorporates  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)11. 

The  Contracting  Parties  aim  at  ensuring  that  EEA  EFTA  air  carriers  are  entitled  to 
operate air services from an EU Member State to Switzerland and vice versa. 

The Contracting Parties also aim at ensuring that Community air carriers are entitled 
to operate air services from an EEA EFTA State to Switzerland and vice versa. 

To  this  end,  the  EEA  Joint  Committee  is  to  grant,  subject  to  the  condition  of 
reciprocity,  Swiss  air  carriers  the  right  to  operate  from  an  EU  Member  State  to  an 
EEA EFTA State and vice versa. 

(6) 

Annex XIII to the Agreement should therefore be amended accordingly, 

HAS ADOPTED THIS DECISION: 

Article 1 

Point 64a (Regulation (EC) No 1008/2008 of the European Parliament and of the Council) of 
Annex XIII to the Agreement shall be amended as follows: 

1. 

The current adaptation (b) shall be renumbered as adaptation (c). 

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OJ L …  
OJ L262, 6.10.2011, p. 62. 
OJ L 293, 31.10.2008, p. 3. 

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2. 

The following adaptation shall be inserted after adaptation (a): 

‘(b)  The following paragraph shall be added in Article 15: 

“6.  Under  the  same  conditions  as  European  Union  and  EEA  EFTA  air 
carriers, Swiss air carriers shall be entitled to operate air services from an 
European  Union  Member  State  to  an  EEA  EFTA  State  and  vice  versa. 
This shall be subject to the condition that, on the one hand, the European 
Union and Switzerland grant EEA EFTA air carriers the right to operate 
air  services  from  a  European  Union  Member  State  to  Switzerland  and 
vice versa, and, on the other hand, that Switzerland and the EEA EFTA 
States grant European Union air carriers the right to operate air services 
from Switzerland to an EEA EFTA State and vice versa. 

Any  restrictions  on  this  arrangement  arising  from  existing  bilateral  or  multilateral 
agreements  binding  the  European  Union,  on  the  one  hand,  and  the  EEA  EFTA 
States, on the other hand, are hereby superseded.”’ 

Article 2 

This  Decision  shall  enter  into  force  on  the  twentieth  day  following  the  day  of  its  adoption, 
provided that all the notifications under Article 103(1) of the Agreement have been made to 
the EEA Joint Committee∗, or on the date of entry into force of the agreement between the EU 
and Switzerland granting EEA EFTA air carriers the right to operate air services from an EU 
Member State to Switzerland and vice versa, on the one hand, or of the agreement between 
the EEA EFTA States  and Switzerland  granting Community air carriers the right to operate 
air  services  from  Switzerland  to  an  EEA  EFTA  State  and  vice  versa,  on  the  other  hand, 
whatever is the latest. 

Article 3 

The  President  of  the  EEA  Joint  Committee  shall  notify  Switzerland  of  the  adoption  of  this 
Decision and of the last notification to the EEA Joint Committee under Article 103(1) of the 
Agreement, if any. 

∗ 

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

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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 

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