HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"EN
28.6.2012 Official
Journal
of
the
European
Union L
168/1
II
(Non-legislative acts)
INTERNATIONAL AGREEMENTS
COUNCIL DECISION
of 25 June 2012
on the position to be taken by the European Union in the EEA Joint Committee concerning an
amendment to Annex XIII (Transport) to the EEA Agreement
(2012/341/EU)
THE COUNCIL OF THE EUROPEAN UNION,
Association (Vaduz Convention) ( 6 ), the same regime has
also been established between Switzerland and the EEA
Having regard to the Treaty on the Functioning of the European
EFTA States for Swiss and EEA EFTA air carriers.
Union, and in particular Article 100(2), in conjunction with
Article 218(9) thereof,
(4) Annex
XIII
to
the
EEA
Agreement
should
therefore
be
amended to grant Swiss air carriers the right to operate
Having regard to Council Regulation (EC) No 2894/94 of
air services from a Member State of the Union to an EEA
28 November 1994 concerning arrangements for implementing
EFTA State and vice versa.
the Agreement on the European Economic Area ( 1 ), and in
particular Article 1(3) thereof,
(5) The
position
of
the
Union
in
the
EEA
Joint
Committee
should be based on the attached draft Decision,
Having regard to the proposal from the European Commission,
HAS ADOPTED THIS DECISION:
Whereas:
Article 1
(1) Annex
XIII
to
the
Agreement
on
the
European
Economic The position to be taken by the European Union within the
Area ( 2 ) (the ‘EEA Agreement’) was amended by Decision
EEA Joint Committee on the proposed amendment to Annex
of the EEA Joint Committee No 90/2011 of 19 July
XIII (Transport) to the EEA Agreement shall be based on the
2011 ( 3 ), by virtue of which Regulation (EC) No
draft Decision of the EEA Joint Committee attached to this
1008/2008 of the European Parliament and of the
Decision.
Council of 24 September 2008 on common rules for
the operation of air services in the Community ( 4 ) was
Article 2
incorporated into the EEA Agreement.
This Decision shall enter into force on the day of its adoption.
(2)
Through the inclusion of Regulation (EC) No 1008/2008
into the Air Transport Agreement between the European
Community and the Swiss Confederation, the same
Done at Brussels, 25 June 2012.
regime has been established between the Union and Swit
zerland for Swiss and Community air carriers ( 5 ).
For the Council
(3)
Through the inclusion of Regulation (EC) No 1008/2008
The President
into the Convention establishing the European Free Trade
C. ASHTON
( 1 ) OJ L 305, 30.11.1994, p. 6.
( 2 ) OJ L 1, 3.1.1994, p. 3.
( 3 ) OJ L 262, 6.10.2011, p. 62.
( 4 ) OJ L 293, 31.10.2008, p. 3.
( 5 ) Decision No 1/2010 of the Joint Community/Switzerland Air
Transport Committee of 7 April 2010 (OJ L 106, 28.4.2010, p. 20).
( 6 ) Decision of the EFTA Council No 1/2012 of 22 March 2012.

---

L 168/2
EN
Official Journal of the European Union
28.6.2012
DRAFT
DECISION No …/2012 OF THE EEA JOINT COMMITTEE
of
amending Annex XIII (Transport) to the EEA Agreement
THE EEA JOINT COMMITTEE,
entitled to operate air services from Member States of
the European Union to EEA EFTA States and vice versa.
Having regard to the Agreement on the European Economic
This shall be subject to the condition that, on the one
Area, as amended by the Protocol adjusting the Agreement
hand, the Community and Switzerland grant EEA EFTA
on the European Economic Area (‘the EEA Agreement’), and
air carriers the right to operate air services from
in particular Article 98 thereof,
Member States of the European Union to Switzerland
Whereas:
and vice versa, and, on the other hand, that Switzerland
and the EEA EFTA States grant Community air carriers
(1) Annex
XIII
to
the
EEA
Agreement
was
amended
by
the right to operate air services from Switzerland to EEA
Decision of the EEA Joint Committee No … of … ( 1 ).
EFTA States and vice versa.
(2) Annex
XIII
to
the
EEA
Agreement
was
amended
by
Any restrictions on this arrangement arising from
Decision of the EEA Joint Committee No 90/2011 of
existing bilateral or multilateral agreements binding the
19 July 2011 ( 2 ), which incorporates into the EEA
Community, on the one hand, and the EEA EFTA States,
Agreement Regulation (EC) No 1008/2008 of the
on the other hand, are hereby superseded.”.’.
European Parliament and of the Council of 24 September
2008 on common rules for the operation of air services
Article 2
in the Community ( 3 ).
This Decision shall enter into force on …, provided that all the
(3) The
Contracting
Parties
aim
at
ensuring
that
EEA
EFTA notifications under Article 103(1) of the EEA Agreement have
air carriers are entitled to operate air services from
been made to the EEA Joint Committee (*), or on the date of
Member States of the Union to Switzerland and vice
entry into force of the agreement between the European Union
versa.
and Switzerland granting EEA EFTA air carriers the right to
operate air services from Member States of the European
(4) The Contracting Parties also aim at ensuring that
Union to Switzerland and vice versa, on the one hand, or of
Community air carriers are entitled to operate air
the agreement between the EEA EFTA States and Switzerland
services from an EEA EFTA State to Switzerland and
granting Community air carriers the right to operate air services
vice versa.
from Switzerland to EEA EFTA States and vice versa, on the
(5)
To this end, the EEA Joint Committee is to grant, subject
other hand, whichever is the latest.
to the condition of reciprocity, Swiss air carriers the right
Article 3
to operate from Member States of the Union to an EEA
EFTA State and vice versa.
The President of the EEA Joint Committee shall notify Swit
zerland of the adoption of this Decision and of the last notifi
(6) Annex
XIII
to
the
EEA
Agreement
should
therefore
be cation to the EEA Joint Committee under Article 103(1) of the
amended accordingly,
EEA Agreement, if any.
HAS ADOPTED THIS DECISION:
Article 4
Article 1
This Decision shall be published in the EEA Section of, and in
Point 64a (Regulation (EC) No 1008/2008 of the European
the EEA Supplement to, the Official Journal of the European
Parliament and of the Council) of Annex XIII to the EEA
Union.
Agreement shall be amended as follows:
1. The current adaptation (b) shall be renumbered as adaptation
Done at Brussels,
(c).
2. The following adaptation shall be inserted after adaptation
(a):
For the EEA Joint Committee
‘(b) The following paragraph shall be added in Article 15:
“6. Under
the
same
conditions
as
Community
and
The Secretaries
EEA EFTA air carriers, Swiss air carriers shall be
The President
to the EEA Joint Committee
( 1 ) OJ L …
( 2 ) OJ L 262, 6.10.2011, p. 62.
(*) [No constitutional requirements indicated.] [Constitutional
( 3 ) OJ L 293, 31.10.2008, p. 3.
requirements indicated.]

---

Document Outline

• �

---