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2.12.2011 Official
Journal
of
the
European
Union L
319/1
II
(Non-legislative acts)
INTERNATIONAL AGREEMENTS
COUNCIL DECISION
of 28 November 2011
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
(2011/780/EU)
THE COUNCIL OF THE EUROPEAN UNION,
(4) Regulation
(EC)
No
216/2008
should
therefore
be
incor
porated into the Agreement in order to allow for the full
participation of the EFTA States in the European Aviation
Having regard to the Treaty on the Functioning of the European
Safety Agency.
Union, and in particular Article 100(2) in conjunction with

Article 218(9) thereof,
(5) Since
Regulation
(EC)
No
216/2008
repeals
Regulation
(EC) No 1592/2002 ( 3 ), which is incorporated into the
Having regard to Council Regulation (EC) No 2894/94 of
Agreement, Regulation (EC) No 1592/2002 should
28 November 1994 concerning arrangements for implementing
consequently be repealed under the Agreement.
the Agreement on the European Economic Area ( 1 ), and in
particular Article 1(3) thereof,
(6) Annex
XIII
to
the
Agreement
should
be
amended
accordingly.
Having regard to the proposal from the European Commission,
(7) The
Union
should
therefore
take
the
position
set
out
in
the attached draft Decision within the EEA Joint
Committee,
Whereas:
HAS ADOPTED THIS DECISION:
(1) Annex
XIII
to
the
Agreement
on
the
European
Economic
Article 1
Area (hereinafter ‘the Agreement’) contains specific
provisions and arrangements concerning transport.
The position to be taken by the European Union in the EEA
Joint Committee on the envisaged amendment to Annex XIII
(Transport) to the Agreement shall be based on the draft
(2) Regulation
(EC)
No
216/2008
of
the
European Decision of the EEA Joint Committee attached to this Decision.
Parliament and of the Council of 20 February 2008 on
common rules in the field of civil aviation and estab
Article 2
lishing a European Aviation Safety Agency, and
repealing Council Directive 91/670/EEC, Regulation
This Decision shall enter into force on the day of its adoption.
(EC) No 1592/2002 and Directive 2004/36/EC ( 2 ) has
as its principal objective to establish and maintain a
high uniform level of civil aviation safety within the
Done at Brussels, 28 November 2011.
Union.
For the Council
(3) The
activities
of
the
European
Aviation
Safety
Agency
may affect the level of civil aviation safety within the
The President
European Economic Area.
K. SZUMILAS
( 3 ) Regulation (EC) No 1592/2002 of the European Parliament and of
the Council of 15 July 2002 on common rules in the field of civil
( 1 ) OJ L 305, 30.11.1994, p. 6.
aviation and establishing a European Aviation Safety Agency
( 2 ) OJ L 79, 19.3.2008, p. 1.
(OJ L 240, 7.9.2002, p. 1).

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L 319/2
EN
Official Journal of the European Union
2.12.2011
DRAFT
DECISION No …/2011 OF THE EEA JOINT COMMITTEE
of …
amending Annex XIII (Transport) to the EEA Agreement
THE EEA JOINT COMMITTEE,
HAS ADOPTED THIS DECISION:
Having regard to the Agreement on the European Economic
Area, as amended by the Protocol adjusting the Agreement
Article 1
on the European Economic Area (hereinafter ‘the Agreement’),
Annex XIII to the Agreement shall be amended as specified in
and in particular Article 98 thereof,
the Annex to this Decision.
Whereas:
Article 2
(1) Annex
XIII
to
the
Agreement
was
amended
by
Decision The text of Regulation (EC) No 216/2008 in the Icelandic and
of the EEA Joint Committee No …/… of … ( 1 ).
Norwegian languages, to be published in the EEA Supplement
to the Official Journal of the European Union, shall be authentic.
(2) Regulation
(EC)
No
216/2008
of
the
European
Parliament and of the Council of 20 February 2008 on
common rules in the field of civil aviation and estab
Article 3
lishing a European Aviation Safety Agency, and
This Decision shall enter into force on …, provided that all the
repealing Council Directive 91/670/EEC, Regulation
notifications under Article 103(1) of the Agreement have been
(EC) No 1592/2002 and Directive 2004/36/EC ( 2 ) has
made to the EEA Joint Committee (*).
as its principal objective to establish and maintain a
high uniform level of civil aviation safety within the
Union.
Article 4
(3) The
activities
of
the
European
Aviation
Safety
Agency This Decision shall be published in the EEA Section of, and in
may affect the level of civil aviation safety within the
the EEA Supplement to, the Official Journal of the European
European Economic Area.
Union.
(4) Regulation
(EC)
No
216/2008
should
therefore
be
incor
porated into the Agreement in order to allow for the full
Done at Brussels, …
participation of the EFTA States in the European Aviation
Safety Agency.
(5)
Regulation (EC) No 216/2008 repeals Regulation (EC) No
1592/2002 of the European Parliament and of the
For the EEA Joint Committee
Council ( 3 ), which is incorporated into the Agreement
and which should consequently be repealed under the
The Secretaries
Agreement,
The President
to the EEA Joint Committee
( 1 ) OJ L ….
( 2 ) OJ L 79, 19.3.2008, p. 1.
(*) [No constitutional requirements indicated.] [Constitutional
( 3 ) OJ L 240, 7.9.2002, p. 1.
requirements indicated.]

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EN
2.12.2011 Official
Journal
of
the
European
Union L
319/3
Declaration by the EFTA States to Decision of the EEA Joint Committee No … incorporating
Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February
2008 on common rules in the field of civil aviation and establishing a European Aviation Safety
Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive
2004/36/EC into the Agreement
‘Regulation (EC) No 216/2008 of the European Parliament and of the Council deals among other things
with the authority to impose fines and periodic penalty payments in the area of aviation safety. The
incorporation of this Regulation is without prejudice to the institutional solutions with regard to future
acts conferring powers to impose sanctions.’

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L 319/4
EN
Official Journal of the European Union
2.12.2011
ANNEX
To Decision of the EEA Joint Committee No …
Annex XIII to the Agreement shall be amended as follows:
(1) the following indent shall be added to points 66a (Council Regulation (EEC) No 3922/91) and 66r (Directive
2004/36/EC of the European Parliament and of the Council):
‘— 32008 R 0216: Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February
2008 (OJ L 79, 19.3.2008, p. 1).’;
(2) the following shall be added to point 68a (Council Directive 91/670/EEC):
‘, as amended by:
— 32008 R 0216: Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February
2008 (OJ L 79, 19.3.2008, p. 1).’;
(3) the text of point 66n (Regulation (EC) No 1592/2002 of the European Parliament and of the Council) shall be
replaced by the following:
‘32008 R 0216: Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008
on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing
Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC (OJ L 79, 19.3.2008, p. 1).
The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations:
(a) unless otherwise stipulated below, and notwithstanding the provisions of Protocol 1 to the Agreement, the term
“Member State(s)” contained in the Regulation shall be understood to include, in addition to its meaning in the
Regulation, the EFTA States. Paragraph 11 of Protocol 1 shall apply;
(b) as regards the EFTA States, the Agency shall, as and when appropriate, assist the EFTA Surveillance Authority or
the Standing Committee, as the case may be, in the performance of their respective tasks. The Agency and the
EFTA Surveillance Authority or the Standing Committee, as the case may be, shall cooperate and exchange
information as and when appropriate;
(c) nothing in this Regulation shall be construed so as to transfer to the Agency authority to act on behalf of the
EFTA States under international agreements for other purposes than to assist in the performance of their
obligations pursuant to such agreements;
(d) Article 12 shall be amended as follows:
(i) in paragraph 1, the words “or an EFTA State” shall be inserted after the words “the Community”;
(ii) paragraph 2 shall be replaced by the following:
“Whenever the Union negotiates with a third country in order to conclude an agreement providing that a
Member State or the Agency may issue certificates on the basis of certificates issue by the aeronautical
authorities of that third country, it shall endeavour to obtain for the EFTA States an offer of a similar
agreement with the third country in question. The EFTA States shall, in turn, endeavour to conclude with
third countries agreements corresponding to those of the Union.”;

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EN
2.12.2011 Official
Journal
of
the
European
Union L
319/5
(e) the following subparagraph shall be added to Article 14(7):
“Without prejudice to paragraph 4(d) of Protocol 1 to the EEA Agreement, when the Commission and the EFTA
Surveillance Authority exchange information on a decision taken pursuant to this paragraph, the Commission
shall communicate the information received from the EFTA Surveillance Authority to the EU Member States and
the EFTA Surveillance Authority shall communicate the information received from the Commission to the EFTA
States.”;
(f) the following paragraph shall be added to Article 15:
“5. Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding
public access to European Parliament, Council and Commission documents shall, for the application of the
Regulation, apply to any documents of the Agency regarding the EFTA States as well.”;
(g) the following shall be added to Article 17(2)(b):
“The Agency shall also assist the EFTA Surveillance Authority and provide it with the same support, where such
measures and tasks fall within the competence of the Authority pursuant to the Agreement.”;
(h) Article 17(2)(e) shall be replaced by the following:
“in its field of competence carry out functions and tasks ascribed to the Contracting Parties by applicable
international conventions, in particular the Chicago Convention. The national aviation authorities of the EFTA
States shall perform such functions and tasks only as foreseen in this Regulation.”;
(i) the first sentence of Article 20 shall be replaced by the following:
“With regard to products, parts and appliances referred to in Article 4(1)(a) and (b), the Agency shall, where
applicable and as specified in the Chicago Convention or its Annexes, carry out the functions and tasks of the
state of design, manufacture or registry when related to design approval. The national aviation authorities of the
EFTA States shall perform such functions and tasks only as ascribed to them pursuant to the present Article.”;
(j) Article
24
shall
be
amended
as
follows:
(i) the following shall be added to paragraph 1:
“The Agency shall report to the EFTA Surveillance Authority on standardisation inspections in an EFTA
State.”;
(ii) the following shall be added to paragraph 4:
“As regards the EFTA States, the Agency shall be consulted by the EFTA Surveillance Authority.”;
(k) the following shall be added to Article 25(1):
“The power to impose fines and periodic penalty payments on the persons and undertakings to which the
Agency has issued a certificate shall in the case where such persons or undertakings are established in an EFTA
State be vested in the EFTA Surveillance Authority.”;
(l) in Article 25(4) the words “The Court of Justice of the European Communities” shall be replaced by “The EFTA
Court” and the word “Commission” shall be replaced by “EFTA Surveillance Authority” with regard to the EFTA
States;

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L 319/6
EN
Official Journal of the European Union
2.12.2011
(m) the following paragraph shall be added to Article 29:
“4. By way of derogation from Article 12(2)(a) of the Conditions of employment of other servants of the
European Union, nationals of the EFTA States enjoying their full rights as citizens may be engaged under contract
by the Executive Director of the Agency.”;
(n) the following shall be added to Article 30:
“The EFTA States shall apply to the Agency and to its staff the Protocol of Privileges and Immunities of the
European Union and applicable rules adopted pursuant to that Protocol.”;
(o) the following words shall be inserted after the word “Community” in Article 32(1):
“, Icelandic and Norwegian”;
(p) the following shall be inserted after Article 33(2)(c):
“(ca) the annual general report and the Agency’s programme of work, pursuant to paragraphs (b) and (c)
respectively, shall be forwarded to the EFTA Surveillance Authority;”;
(q) the following paragraph shall be added to Article 34:
“4. The EFTA States shall participate fully in the Management Board and shall within it have the same rights
and obligations as EU Member States, except for the right to vote.”;
(r) the following paragraph shall be added to Article 41:
“6. Nationals of the EFTA States shall be eligible as members, including Chairpersons, of the Boards of Appeal.
When the Commission draws up the list of persons referred to in paragraph 3, it shall also consider suitable
persons of EFTA States’ nationalities.”;
(s) the following shall be inserted at the end of Article 54(1):
“As regards the EFTA States, the Agency shall assist the EFTA Surveillance Authority in the performance of the
aforesaid tasks.”;
(t) the following words shall be inserted after the word “Treaty” in the first sentence of Article 58(3):
“or in Icelandic or Norwegian”;
(u) the following paragraph shall be added to Article 59:
“12. The
EFTA
States
shall
participate
in
the
financial
contribution
from
the
Community
referred
to
in
paragraph 1(a). For this purpose, the procedures laid down in Article 82(1)(a) of, and Protocol 32 to, the
Agreement shall apply mutatis mutandis.”;

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EN
2.12.2011 Official
Journal
of
the
European
Union L
319/7
(v) the following paragraphs shall be added to Article 65:
“8. The
EFTA
States
shall
participate
fully
in
the
committee
established
pursuant
to
paragraph
1
and
shall
within it have the same rights and obligations as EU Member States, except for the right to vote.
9. Where, in the absence of an agreement between the Commission and the committee, the Council may take
a decision on the matter in question, the EFTA States may raise the issue in the EEA Joint Committee in
conformity with Article 5 of the Agreement.”;
(w) where applicable, and unless otherwise provided, the above adaptations shall apply mutatis mutandis to other
Union legislation conferring powers on the Agency and incorporated into this Agreement.’.

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