HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 194/4
EN
Official Journal of the European Union
26.7.2011
COUNCIL DECISION
of 19 July 2011
on the position to be taken by the European Union within the EEA Joint Committee concerning an
amendment to Annex XIII (Transport) to the EEA Agreement
(2011/458/EU)
THE COUNCIL OF THE EUROPEAN UNION,
(4) Annex
XIII
to
the
EEA
Agreement
should
therefore
be
amended accordingly.
Having regard to the Treaty on the Functioning of the European
Union, and in particular Articles 100(2) and 218(9) thereof,
(5) The
position
of
the
Union
within
the
EEA
Joint
Committee should be based on the attached draft
Decision,
Having regard to the proposal from the European Commission,
Whereas:
HAS ADOPTED THIS DECISION:
(1) Annex
XIII
to
the
Agreement
on
the
European
Economic
Article 1
Area ( 1 ) (‘the EEA Agreement’) contains specific
The position to be taken by the European Union within the
provisions and arrangements concerning transport.
EEA Joint Committee on the proposed amendment to Annex
XIII to the EEA Agreement shall be based on the draft Decision
(2) Regulation
(EC)
No
1008/2008
of
the
European of the EEA Joint Committee attached to this Decision.
Parliament and of the Council of 24 September 2008
on common rules for the operation of air services in
the Community
(
Article 2

2 ) should be incorporated in the
EEA Agreement.
This Decision shall enter into force on the day of its adoption.
(3) Regulation
(EC)
No
1008/2008
has
repealed
Council Done at Brussels, 19 July 2011.
Regulations (EEC) No 2407/92 of 23 July 1992 on
licensing of air carriers
( 3 ), (EEC) No
2408/92 of
23 July 1992 on access for Community air carriers to
For the Council
intra-Community air routes ( 4 ) and (EEC) No 2409/92 of
23 July 1992 on fares and rates for air services (
The President

5 ), which
are currently incorporated in the EEA Agreement.
M. SAWICKI
( 1 ) OJ L 1, 3.1.1994, p. 3.
( 2 ) OJ L 293, 31.10.2008, p. 3.
( 3 ) OJ L 240, 24.8.1992, p. 1.
( 4 ) OJ L 240, 24.8.1992, p. 8.
( 5 ) OJ L 240, 24.8.1992, p. 15.

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EN
26.7.2011 Official
Journal
of
the
European
Union L
194/5
DRAFT
DECISION No …/2011 OF THE EEA JOINT COMMITTEE
of …
amending Annex XIII (Transport) to the EEA Agreement
THE EEA JOINT COMMITTEE,
“. However, operating licenses with legal effects in the
entire EEA can be granted on the basis of exceptions to
Having regard to the Agreement on the European Economic
this requirement provided for in agreements with third
Area, as amended by the Protocol adjusting the Agreement
countries to which the Community or one or more
on the European Economic Area (‘the Agreement’), and in
EFTA States are parties, provided the EEA Joint
particular Article 98 thereof,
Committee adopts a decision to that effect.”;
Whereas:
(b) the following is added to Article 16(9), second
(1) Annex
XIII
to
the
Agreement
was
amended
by
Decision
subparagraph:
of the EEA Joint Committee No …/… of … ( 1 ).
“, as well as regional airports in Iceland and the four
(2) Regulation
(EC)
No
1008/2008
of
the
European
northernmost counties in Norway.”.’;
Parliament and of the Council of 24 September 2008
on common rules for the operation of air services in
the Community ( 2 ) should be incorporated into the
(2) point 65 is deleted;
Agreement.
(3) Regulation
(EC)
No
1008/2008
has
repealed
Council (3) point 66b is deleted.
Regulations (EEC) No 2407/92 of 23 July 1992 on
licensing of air carriers
( 3 ), (EEC) No
2408/92 of
Article 2
23 July 1992 on access for Community air carriers to
intra-Community air routes ( 4 ) and (EEC) No 2409/92 of
The text of Regulation (EC) No 1008/2008 in the Icelandic and
23 July 1992 on fares and rates for air services ( 5 ), which
Norwegian languages, to be published in the EEA Supplement
are incorporated in the Agreement.
to the Official Journal of the European Union, shall be authentic.
(4) Annex
XIII
to
the
Agreement
should
be
amended
accordingly,
Article 3
This Decision shall enter into force on …, provided that all the
HAS ADOPTED THIS DECISION:
notifications pursuant to Article 103(1) of the Agreement have
been made to the EEA Joint Committee (*).
Article 1
Annex XIII to the Agreement is hereby amended as follows:
Article 4
(1) point 64a is replaced by the following:
This Decision shall be published in the EEA Section of, and in
the EEA Supplement to, the Official Journal of the European
‘64a 32008 R 1008: Regulation (EC) No 1008/2008 of the
Union.
European Parliament and of the Council of
24 September 2008 on common rules for the
operation of air services in the Community (Recast)
(OJ L 293, 31.10.2008, p. 3).
Done at …, …
The provisions of the Regulation shall, for the purposes of
this Agreement, be read with the following adaptations:
(a) in Article 4(f) the words “, except as provided for in an
For the EEA Joint Committee
agreement with a third country to which the
Community is a party;” shall be replaced by the
The Secretaries
following:
The President
to the EEA Joint Committee
( 1 ) OJ L ….
( 2 ) OJ L 293, 31.10.2008, p. 3.
( 3 ) OJ L 240, 24.8.1992, p. 1.
( 4 ) OJ L 240, 24.8.1992, p. 8.
(*) [No constitutional requirements indicated.] [Constitutional
( 5 ) OJ L 240, 24.8.1992, p. 15.
requirements indicated.]

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