CELEX: 52012PC0570
Language: en
Date: 2012-10-04
Title: 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

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		52012PC0570
		
			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 /* COM/2012/0570 final - 2012/0275 (NLE) */
			
				
		
		
			
			   	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 Agreement[1],
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 Agreement[2], 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 EFTA[4] 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)           The operation of air services by
an EFTA air carrier from an EU Member State to Switzerland and vice versa;
(ii)          The operation of air services by
a Swiss air carrier from an EU Member State to an EFTA State and vice versa;
(iii)          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.
(ii)          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.
(iii)          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.
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)       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[5] was incorporated into the
Agreement between the European Community and the Swiss Confederation on Air
Transport[6]
by Joint Committee Decision No 1-2010[7].
(2)       Through the inclusion of
Regulation (EC) No 1008/2008 into the Agreement on the European Economic Area[8], the same regime has been
established between all EEA States for EEA air carriers.
(3)       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.
(4)       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.
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
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 1-2010[11].
(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:
Article 1
Annex to the Agreement shall be amended as
follows:
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:
6.       Under the same conditions as European
Union and Swiss air carriers, EEA 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.
Article 3
The Head of the EU Delegation shall notify
the President of the EEA Joint Committee of the adoption of this Decision.
Done at Brussels, on …
For the Joint Committee
The Head of the European Union Delegation
Matthew Baldwin
The Head of the Swiss Delegation
Peter Müller
[1]               Joint Committee Decision No 1/2010 of 7.04.2010, OJ
L106, 28.4.2010, p. 20.
[2]               EEA Joint Committee Decision No 90/2011 of 19.07.2011,
OJ L262, 6.10.2011, p. 62.
[3]               Decision of the EFTA Council No 1 of 2012 of 22 March
2012 amending the Appendix to Annex Q to the Convention (Air Transport).
[4]               The references to “EFTA” are here in accordance with
Article 2(b) of the EEA Agreement, to be read as references to “EEA EFTA”.”’
[5]               OJ L 293, 31.10.2008, p. 3.
[6]               OJ L 114, 30.4.2002, p. 73.
[7]               OJ L 106, 28.4.2010, p. 20.
[8]               EEA Joint Committee Decision No 90/2011 of 19.07.2011,
OJ L262, 6.10.2011, p. 62.
[9]               Decision of the EFTA Council No 1/2012 of 22.03.2012.
[10]             OJ L 293, 31.10.2008, p. 3.
[11]             OJ L 106, 28.4.2010, p. 20.