CELEX: 52011SC1449
Language: en
Date: 2011-12-01
Title: 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)

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)
 ---pagebreak---                                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.
EN                                                1                                                 EN
 ---pagebreak---                                                         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)    Annex XIII to the Agreement on the European Economic Area, ("the EEA
          Agreement") contains specific provisions and arrangements concerning transport.
   (2)    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
EN                                               2                                           EN
 ---pagebreak---    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
EN                                                 3                                        EN
 ---pagebreak---                                               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)      Annex XIII to the Agreement was amended by Decision of the EEA Joint Committee
            No …/… of …1.
   (2)      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
           OJ L …
   2
           OJ L 80, 26.3.2010, p. 10.
EN                                                4                                             EN
 ---pagebreak---                                                      Article 3
   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 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.]
EN                                                        5                                       EN