CELEX: 51993PC0265(01)
Language: en
Date: 1993-06-09 00:00:00
Title: Recommendation for a COUNCIL DECISION: The opening of negotiations between the EEC the Kingdom of Norway and the Kingdom of Sweden on a modification of their Agreement on civil aviation

COMMISSION OF THE EUROPEAN COMVIUNITIES
                                                 C0M(93) 265 final
                                                 Brussels, 9 June 1993
                            Recommendation for a
                              COUNCIL DECISION
                The opening of negotiations between the EEC
              the Kingdom of Norway and the Kingdom of Sweden
          on a modification of their Agreement on civil aviation
                               Proposal for a
                              COUNCIL DECISION
  Concerning the amendment of the Agreement between the European Economic
  Community, the Kingdom of Norway and the Kingdom of Sweden on civil
  aviat ion
                       (presented by the Commission)
 ---pagebreak---                           -A -
         Recommendation for a Council Decision
      The opening of negotiations between the EEC
    the Kingdom of Norway and the Kingdom of Sweden
on a modification of their Agreement on civil aviation
 ---pagebreak---                                 - >1A -
1.  In Council Decision 92/384/EEC concerning the conclusion of an
   Agreement between the European Economic Community, the Kingdom of
   Norway and the Kingdom of Sweden the Community has approved the
   Agreement between these three Parties on civil aviation. The
   Agreement creates a uniform system of rules governing civil aviation
   by extending the scope of all relevant Community legislation to
   Norway and Sweden.
   Since this agreement should not prejudge the outcome of the
   negotiations between the Community and the EFTA countries on the
   European Economic Area (EEA agreement) it was agreed that the
   Agreement shall be terminated on the date on which the EEA agreement
   enters into force.
   According to the Agreement new legislation adopted in each
   Contracting Party should be integrated in the Agreement. Since the
   conclusion of the negotiations on the Agreement, the Community has
   adopted new legislation among which the so-called third package of
   air transport policy creating the internal market for civil aviation
    in the Community.
   The Agreement contains in Article 12 the principle that new
   (Community) legislation is to be integrated in the Agreement. This is
   of particular importance for Community air carriers, because it
   allows them to operate under one regulatory regime in the Community,
   Norway and Sweden. The decision in this respect by the Joint
   Committee requires confirmation by the Council.
 ---pagebreak---                                    "    A  Vr-
5. However, the entry into force of the EEA agreement could give rise to
   a backwards change in the arrangement between EC and Norway and
   Sweden by virtue of the present Agreement, since the new legislation
   mentioned above will not immediately be part of the EEA agreement but
   will become applicable in the EFTA States only when the necessary
   procedures to supplement the legislation in the EEA agreement have
   been completed.
    In these exceptional circumstances it is in the interest of all three
   Parties to make the necessary provision which allows application of
   the new legislation in Norway and Sweden after the entry into force
   of the EEA agreement until the necessary procedures have been
   completed.
7. The Council   is therefore asked to decide:
   -    to authorize the Commission to open negotiations with the Kingdom
        of Norway and the Kingdom of Sweden with a view to amend the
        Agreement between these parties and the Community on civil
        aviation so as to ensure:
        *    integration of new legislation in the Agreement
        *   application of this legislation in Norway and Sweden after
            the entry into force of the EEA agreement until the necessary
            procedures to supplement the legislation in the EEA agreement
            have been completed.
 ---pagebreak---                          , /| c -
                     Proposal for a Council Decision
Concerning the amendment of the Agreement between the European Economic
Community, the Kingdom of Norway and the Kingdom of Sweden on civil
aviat ion.
 ---pagebreak---                                      2 -
                           Explanatory Memorandum
     In Council Decision 92/384/EEC concerning the conclusion of an
    Agreement between the European Economic Community, the Kingdom of
    Norway and the Kingdom of Sweden the Community has approved the
    Agreement between these three Parties on civil aviation. The
    Agreement creates a uniform system of rules governing civil aviation
    by extending the scope of all relevant Community legislation to
    Norway and Sweden. It entered into force 6 July 1992.
    According to the Agreement new legislation adopted in each
    Contracting Party should be integrated in the Agreement. Since the
    conclusion of the negotiations on the Agreement, the Community has
    adopted new Regulations and Directives among which the so-called
    third package of air transport policy creating the internal market
    for civil aviation in the Community.
3.  Integration of this new Community legislation in the Agreement is of
    particular importance for Community air carriers, because it allows
    them to operate under one regulatory regime in the Community, Norway
    and Sweden. The Joint Committee established by the Agreement has
   decided on 26 March 1993 to integrate eight Regulations and one
   Decision in the Agreement, subject, of course, to approval or
   ratification by each contracting party. In the Commuity the decision
   of the Joint Committee requires confirmation by the Council. It is
   envisaged that the decision enters into force on 1 July 1993, or on
   the date on which the last instrument of ratification has been
   deposited, whichever date is the later.
4. The Agreement between the Community, Norway and Sweden has a direct
   relationship with the agreement negotiated between the Community and
   EFTA countries on the European Economic Area (EEA agreement). It wi I
   cease to be in force on the date on which the EEA agreement enters
   into force.
 ---pagebreak---                                     3 -
5. However, the new legislation to be integrated in the Agreement can
   only become applicable under the EEA agreement after its entry into
   force and when the procedures for inclusion of new legislation in the
   EEA agreement have been completed.
    It is, therefore, in the interest of all Contracting Party's to
   ensure that the objectives of the Agreement, a uniform system of
   rules throughout the Community, Norway and Sweden, will be met also
   after the entry into force of the EEA agreement. It is, therefore,
   important that the Agreement remains in force for a limited period of
   time, until the procedures to supplement the legislation in the EEA
   agreement have been completed.
7. A decision to continue the application of the Agreement for a limited
   period of time after the entry into force of the EEA agreement is
   Justified in this exceptional situation, but does not prejudice in
   any way the provisions of the EEA agreement. However, unless the
   Joint Committee decides otherwise, the Agreement shall cease to be in
   force two years after the entry into force of the EEA agreement.
8. The Council is therefore asked to :
       confirm the incorporation of relevant new Community legislation
        in the Agreement between the EEC, the Kingdom of Norway and the
       Kingdom of Sweden on civil aviation,
       adopt the annexed proposal for a Council Decision to amend the
       text of the Agreement as approved by Council Decision 92/384/EEC
       concerning the conclusion of an Agreement between the EEC, the
       Kingdom of Norway and the Kingdom of Sweden.
 ---pagebreak---                       Proposal for a Council Decision
Concerning the amendment of the Agreement between the European Economic
Community, the Kingdom of Norway and the Kingdom of Sweden on civil
av iat ion.
                  THE COUNCIL OF THE EUROPEAN COMMUNITIES
Having regard to the Treaty establishing that the European Economic
Community and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas Council Decision 92/384/EEC concerning the conclusion of an
Agreement between the European Economic Community, the Kingdom of Norway
and the Kingdom of Sweden on civil aviation establishes a uniform system
of rules concerning market access, airline capacity as well as price
setting in the field of civil aviation,
Whereas since the conclusion of this Agreement new legislation in the
field of civil aviation has been adopted in the Community and whereas
Article 12 of the agreement provides for the integration in the Agreement
of amendments made to the legislation of each Party,
Whereas in these exceptional circumstances it is appropriate to amend
Article 19 of the agreement to ensure that the objective of the
Agreement, a uniform system of rules throughout the Community, Norway and
Sweden, will be met also after the entry into force of an Agreement
between the Community and EFTA countries on the European Economic Area,
 ---pagebreak---                                    -s -
 Whereas the Council has decided at its meeting of           that these
 modifications should be made and has authorized the Commission to open
 negotiations with Norway and Sweden with a view to make the necessary
 amendments to the Agreement.
Whereas the Commission has conducted the negotiations in coordination and
 close cooperation with the Member States throughout the negotiating
 process.
HAS DECIDED AS FOLLOWS :
                                 Article 1
The decision of the Joint Committee to integrate in the Agreement between
the European Economic Community, the Kingdom of Norway and the Kingdom of
Sweden on civil aviation legislation adopted in the Community after the
negotiations of that agreement is hereby approved on behalf of the
Commun i t y.
The decision of the Joint Committee is attached to this decision.
                                 Article 2
The Agreement between the European Economic Community, the Kingdom of
Norway and the Kingdom of Sweden to modify article 19.3 of the Agreement
between ttie European Economic Community, the Kingdom of Norway and the
Kingdom of Sweden on civil aviation is hereby approved on behalf of the
Commun i t y.
The text of the Agreement is attached to this decision.
 ---pagebreak---                                    6 -
                                Article 3
The President of the Council shall carry out the necessary formalities as
provided for in Article 23 of the agreement.
                                Article 4
This decision shall enter into force on the day following its'
publication in the Official Journal of the European Communities
Done at Brussels,
                                       For the CounciI
 ---pagebreak---                                   - 7 -
AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY, THE KINGDOM OF NORWAY
AND THE KINGDOM OF SWEDEN ON CIVIL AVIATION
DECISION OF THE JOINT COMMITTEE 26 MARCH 1993
Pursuant to article 12.3 in the Agreement between the European Economic
Community, the Kingdom of Norway and the Kingdom of Sweden on civil
aviation the Joint Committee has decided that the foi lowing regulations
and Directive shall be integrated into the Agreement   and be added to the
list in Annex I.
21.     2407/92
        Council Regulation of 23 July 1992 on licensing of air carriers
        Articles 1-18
22.     2408/92
        Council Regulation of 23 July 1992 on access for Community air
        carriers to intra-Community air routes
        Articles 1-15
        The list of category 1 airports set out in Annex I of the
        Regulation shall be supplemented as follows :
        Norway : Oslo Airport System
        Sweden : Stockholm Airport System
 ---pagebreak---      The list of airport systems set out  in Annex II of the
     Regulation shall be supplemented as follows :
     Norway : Oslo - Fornebu/Gardermoen
     Sweden : Stockholm - Arlanda/Bromma
 23  2409/92
     Council Regulation of 23 July 1992 on fares and rates for air
     carr iers
    Art icles 1-11
24   1284/91
    Council Regulation of 14 May 1991 amending Regulation No. 3975/87
     laying down the procedure for the application of the rules on
    competition to undertakings in the air transport sector
    Article 1
    Any reference to Articles 85 and 86 in this Regulation shall
    be understood to mean Articles 4 or 5 of this Agreement
    respect ively.
25. 2410/92
    Council Regulation of 23 July 1992 amending Regulation No.
    3975/87 laying down the procedure for the application of the
    rules on competition to undertakings in the air transport sector
 ---pagebreak---                               - 9
     Art icle 1
     Any reference to Articles 85 or 86 in this Regulation shall be
     understood to mean Articles 4 or 5 of this Agreement respectively
26.  2411/92
     Council Regulation of 23 July 1992 amending Regulation No.
     3976/87 on the application of Article 85(3) of the Treaty to
     certain categories of agreements and concerted practices in the
     air transport sector
     Art icle 1
    Any reference to Articles 85 or 86 in this Regulation shall be
    understood to mean Articles 4 or 5 of this Agreement  respectively
27.  3922/91
    Council Regulation of 16 December 1991 on the harmonization of
    technical requirements and administrative procedures in the field
    of civil aviat ion
    Articles 1-3, 5-11, 13
28. 91/670
    Council Directive of 16 December 1991 on mutual acceptance of
    personnel licences for the exercise of functions in civil
    aviat ion
    Articles 1-7
 ---pagebreak---                                   - 10 -
 29.     95/93
         Council Regulation of 18 January 1993 on common rules for the
         allocation of slots at Community airports
         Articles 1-13
 The territory of Svalbard shall be exempted from the application of the
Regulations and Directive listed above.
                                 -II-
 In order to safeguard the proper functioning of the Agreement, the
Joint Committee in accordance with Article 12.3 recommends the
Contracting Parties to amend the Agreement as set out in the Annex to
this decision.
                                - I I I -
Pursuant to Article 14.3 of the Agreement, the decision in I above is
subject to approval or ratification by the Contracting Parties in
accordance with their own procedures.
This decision shall enter into force on 1 July 1993 or on the date on
which the last instrument of ratification has been deposited in
accordance with Article 23.3 of the Agreement whichever date is the
later.
For the European            For the Kingdom           For the Kingdom
Economic Community          of Norway                 of Sweden
 ---pagebreak---                                   - 11 -
                                                         Annex
 AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY, THE
 KINGDOM OF NORWAY AND THE KINGDOM OF SWEDEN
 Whereas the Agreement between the European Economic Community, the
 Kingdom of Norway and the kingdom of Sweden on civil aviation,
 hereinafter referred to as the Agreement, entered into force on 6 July
 1992;
Whereas the Agreement establishes a uniform system of rules in the field
of civil av iat ion;
Whereas since the conclusion of this Agreement new legislation in the
 field of civil aviation has been adopted in the Community and whereas
Article 12 of the Agreement provides for the integration in the Agreement
of amendments made to the legislation of each Party;
Whereas the Joint Committee, in accordance with Article 12 of the
Agreement, decided on 26 March 1993 to integrate this new legislation in
 the Agreement ;
Whereas this new legislation anticipates legislation that will be
applicable under the EEA Agreement at the moment the internal procedures
for its inclusion in the EEA Agreement are completed;
Whereas Article 19.3 of the Agreement provides that the Agreement shall
cease to be in force from the date an agreement between the Community and
EFTA countries on the European Economic Area enters into force;
Whereas, in order to ensure that the objective of the Agreement, a
uniform sytem of rules throughout the Commmunity, Norway and Sweden, will
be met also after the entry into force of the EEA agreement for the time
required to complete the procedures to supplement the legislation in the
EEA Agreement, it is important that the Agreement remains in force for a
limited period of time;
 ---pagebreak---                                   - 12 -
Whereas in view of these exceptional circumstances this agreement does
not prejudice in any way the provisions of the EEA agreement and in
particular not tho aplication of article K'O of the LLA agreement;
HAVE AGREED AS FOLLOWS :
                              ARTICLE 1
Article 19.3 of the Agreement will be replaced by the following :
    This Agreement shall cease to be in force from the date an agreement
    between the EC and EFTA countries on the European Economic Area
    enters into force.
    However, as far as legislation mentioned in Annex 1 and adopted in
    accordance with Article 12.3 is concerned, this Agreement shall
    continue to apply to the extent that the same subject matter is not
    governed by the EEA agreement.
     If this Agreement has continued to apply in part for 18 months after
    the entry into force of the EEA agreement, the Joint Committee shall
    meet to decide upon the continued application of this Agreement.   If
    the Joint Committee does not decide otherwise, this Agreement shall
    cease to be in force two years after the entry into force of the EEA
    agreement.
    In   a case where the application of the. Article conflicts with
    provisions of the EEA agreement, the latter shall prevail.
 ---pagebreak---                                    - 13
                              ARTICLE 2
This agreement shall be subject to approval or ratification in accordance
with the Contracting parties' own procedures and the Parties shall notify
each other of the completion of the procedures necessary for that
purpose.
This Agreement shall enter into force on the date on which the last
 instrument of ratification has been deposited.  It shall be published in
the Official Journal of the European Communities.
This Agreement and the instuments of ratification shall be deposited in
the archives of the Secretariat of the Council of the European
Communities, which shall deliver a certified copy thereof to each
Contracting Party.
                           ARTICLE 3
This agreement is drawn up in all the official languages : Danish, Dutch
English, French, German, Greek, Italian, Portuguese, Spanish of the
Community as well as in the Norwegian and Swedish languages, all texts
beings equally authentic.
For the European             For the Kingdom          For the kingdom
Economic Community           of Norway                of Sweden
 ---pagebreak---                                          - / I Y -
                                                                    KSN 0254-1475
                                                             COM (93) 265 final
                                                     DOCUMENTS
EN                                                                       11 07
                                Catalogue number : CB-CO-93-295-EN-C
                                                            ISBN 92-77-56549-7
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