Proposal for a COUNCIL DECISION on the position to be taken by the European Union in the Joint EU/Switzerland Air Transport Committee set up under the Agreement between the European Community and the Swiss Confederation on Air Transport concerning an amendment to the Annex thereto
Date: 2012-10-04
Institutions: European Commission
Subjects: Switzerland, air transport, joint committee (EU), transport regulations

EUROPEAN 
COMMISSION 

Brussels, 4.10.2012  
COM(2012) 570 final 

2012/0275 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken by the European Union in the Joint EU/Switzerland Air 
Transport Committee set up under the Agreement between the European Community 
and the Swiss Confederation on Air Transport concerning an amendment to the Annex 
thereto 

EN 

   EN 

 
 
 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

With the incorporation of Regulation (EC) No 1008/2008 on common rules for the operation 
of  air  services  in  the  Community  into  the  EC-Switzerland  Air  Transport  Agreement1,  a 
common regime was established between the EU and Switzerland, allowing air carriers from 
all EU Member States and Switzerland to operate air services within the whole area of the EU 
and Switzerland. 

The same regime has been established between the European Economic Area (EEA) States, 
with the inclusion of Regulation (EC) No 1008/2008 into the EEA Agreement2, for air carriers 
from all EEA States. 

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 EFTA4 States for Swiss and 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: 

(i) 

(ii) 

(iii) 

The  operation  of  air  services  by  an  EFTA  air  carrier  from  an  EU  Member  State  to 
Switzerland and vice versa; 

The operation of air services by a Swiss air carrier from an EU Member State to an 
EFTA State and vice versa; 

The operation of air services by an EU air carrier from Switzerland to an EFTA State 
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. EFTA air carriers with respect to 
the  EC-Switzerland  Air  Transport  Agreement,  Swiss  air  carriers  with  respect  to  the  EEA 
Agreement and EU air carriers with respect to the Vaduz Convention). 

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

(i) 

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

1 
2 
3 

4 

Joint Committee Decision No 1/2010 of 7.04.2010, OJ L106, 28.4.2010, p. 20. 
EEA Joint Committee Decision No 90/2011 of 19.07.2011, OJ L262, 6.10.2011, p. 62. 
Decision of the EFTA Council No 1 of 2012 of 22 March 2012 amending the Appendix to Annex Q to 
the Convention (Air Transport). 
The references to “EFTA” are here in accordance with Article 2(b) of the EEA Agreement, to be read as 
references to “EEA EFTA”.”’ 

EN 

2 

   EN 

 
                                                 
(ii) 

(iii) 

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

The  Vaduz  Convention  should  be  amended  to  grant  EU  air  carriers  the  right  to 
operate air services from Switzerland to an EFTA State 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 an EU air carrier can be operated from Switzerland 
to  EFTA  States  and  vice  versa.  The  envisaged  amendments  to  the  three  Agreements  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 States and Switzerland agree with this proposal. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

The  proposed  amendments  to  the  Annex  of  the  Community-Switzerland  Air  Transport 
Agreement are included in the annex to the draft proposal for a Council Decision. 

They consist on the addition of an adaptation text under the reference to Regulation (EC) No 
1008/2008, adding a new paragraph at the end of Article 15 of the said Regulation 1008/2008 
as incorporated into the Agreement, according to which EFTA air carriers will be entitled to 
operate air services from an EU Member State to Switzerland and vice versa under the same 
conditions as EU and Swiss air carriers. 

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

4. 

BUDGETARY IMPLICATION 

The proposal does not have implications for the EU budget. 

EN 

3 

   EN 

 
2012/0275 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken by the European Union in the Joint EU/Switzerland Air 
Transport Committee set up under the Agreement between the European Community 
and the Swiss Confederation on Air Transport concerning an amendment to the Annex 
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  the  Decision  of  the  Council,  and  of  the  Commission  as  regards  the 
Agreement on Scientific and Technological Cooperation, of 4 April 2002, on the conclusion 
of seven Agreements with the Swiss Confederation (2002/309/EC, Euratom), and in particular 
Article 3(3) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

5 
6 
7 
8 
9 

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 Community5 
was incorporated into the Agreement between the European Community and the Swiss 
Confederation on Air Transport6 by Joint Committee Decision No 1-20107. 

Through  the  inclusion  of  Regulation  (EC)  No  1008/2008  into  the  Agreement  on  the 
European  Economic  Area8,  the  same  regime  has  been  established  between  all  EEA 
States for EEA air carriers. 

Through  the  inclusion  of  Regulation  (EC)  No  1008/2008  into  the  Convention 
establishing  the  European  Free  Trade  Association  (Vaduz  Convention)9,  the  same 
regime has also been established between Switzerland and the EEA EFTA States for 
Swiss and EEA EFTA air carriers. 

Annex  to  the  Air  transport  Agreement  between  the  European  Community  and  the 
Swiss Confederation should therefore be amended to grant the EEA EFTA air carriers 
the  right  to  operate  air  services  from  an  EU  Member  State  to  Switzerland  and  vice 
versa. 

OJ L 293, 31.10.2008, p. 3. 
OJ L 114, 30.4.2002, p. 73. 
OJ L 106, 28.4.2010, p. 20. 
EEA Joint Committee Decision No 90/2011 of 19.07.2011, OJ L262, 6.10.2011, p. 62. 
Decision of the EFTA Council No 1/2012 of 22.03.2012. 

EN 

4 

   EN 

 
                                                 
HAS ADOPTED THIS DECISION:  

Article 1 

The position to be taken by the European Union within the European Union/Switzerland Joint 
Committee on the proposed amendment to the Annex to the Agreement between the European 
Community  and  the  Swiss  Confederation  on  Air  Transport  shall  be  based  on  the  draft 
Decision of the EU/Switzerland 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 

EN 

5 

   EN 

 
 
 
ANNEX 

Draft 

DECISION 

of the Joint European Union/Switzerland Air Transport Committee set up under the 
Agreement between the European Community and the Swiss Confederation on Air 
Transport 

No […] of (…), 

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

THE EUROPEAN UNION/SWITZERLAND AIR TRANSPORT COMMITTEE, 

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, 

Whereas: 

(1)  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)10  was  incorporated  into  the  Agreement  by  Joint 
Committee Decision No 1-201011. 

(2)  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. 

(3)  The Contracting Parties also aim at ensuring that EU air carriers are entitled to 

operate air services from an EEA EFTA State to Switzerland and vice versa. 

(4)  To  this  end,  the  European  Union/Switzerland  Joint  Committee  is  to  grant, 
subject  to  the  condition  of  reciprocity,  EEA  EFTA  air  carriers  the  right  to 
operate from an EU Member State to Switzerland and vice versa. 

(5)  Annex to the Agreement should therefore be amended accordingly, 

HAS DECIDED AS FOLLOWS: 

10 
11 

OJ L 293, 31.10.2008, p. 3. 
OJ L 106, 28.4.2010, p. 20. 

EN 

6 

   EN 

 
                                                 
Annex to the Agreement shall be amended as follows: 

Article 1 

The following adaptation text shall be added under reference No 1008/2008, Regulation of the 
European  Parliament  and  of  the  Council  of  24  September  2008  on  common  rules  for  the 
operation of air services in the Community: 

"The  text  of  the  Regulation  shall,  for  the  purposes  of  this  Agreement,  be  read  with  the 
following adaptation: 

(a) In Article 15 the following paragraph is added: 

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

Article 2 

This  Decision  shall  enter  into  force  on  the  twentieth  day  following  its  publication  in  the 
Official  Journal  of  the  European  Union,  or  on  the  date  of  entry  into  force  of  the  decision 
amending  the  EEA  Agreement  granting  Swiss  air  carriers  the  right  to  operate  air  services 
from an EU Member State to an EEA EFTA State and vice versa, on the one hand, or of the 
decision amending the Convention establishing the European Free Trade Association (Vaduz 
Convention) granting EU air carriers the right to operate air services from Switzerland to an 
EEA EFTA State and vice versa, on the other hand, whichever is the latest. 

The Head of the EU Delegation shall notify the President of the EEA Joint Committee of the 
adoption of this Decision. 

Article 3 

Done at Brussels, on … 

For the Joint Committee 

The Head of the European Union Delegation 

Matthew Baldwin 

EN 

7 

   EN 

 
The Head of the Swiss Delegation 

Peter Müller 

EN 

8 

   EN