Proposal for a Council Decision on the position to be taken by the European Union in the Joint Committee established under the Agreement on the European Economic Area concerning an amendment to Annex XIII (Transport)

With the incorporation of Regulation (EC) No 1008/2008 into the European Economic Area (EEA) Agreement, a common regime was established between the Contracting Parties to the EEA Agreement, allowing air carriers from all EEA States to operate air services within the whole area of the EEA.

The same regime has been established between the EU and Switzerland with the inclusion of Regulation (EC) No 1008/2008 into the EU-Switzerland Air Transport Agreement, for Swiss and Community air carriers.

Through inclusion of Regulation (EC) No 1008/2008 into the Convention establishing the European Free Trade Association (Vaduz Convention), the same regime has also been established between Switzerland and the EEA EFTA States for Swiss and EEA 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 a Swiss air carrier from an EU Member State to an EEA EFTA State and vice versa.
(ii) The operation of air services by an EU air carrier from Switzerland to an EEA EFTA State and vice versa.
(iii) The operation of air services by an EEA EFTA air carrier from an EU Member State to Switzerland 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. Swiss air carriers with respect to the EEA Agreement, EU air carriers with respect to the Vaduz Convention and EEA EFTA air carriers with respect to the EU-Switzerland Air Transport Agreement).

Switzerland and the EEA EFTA States therefore agreed to suggest the amendment of the three above mentioned Agreements.

It is in the EU interest that air services by a EU air carrier can be operated from Switzerland to an EEA EFTA State and vice versa. The envisaged amendments to the EEA Agreement, to the EU-Switzerland Air Transport Agreement and to the Vaduz Convention will create an integrated market for aviation services covering the whole EEA and Switzerland, on the basis of Regulation (EC) No 1008/2008.

• Primary Source

EUR-Lex: COM(2012)187: Follow the progress of this document through the decision-making procedure http://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2012:187:FIN

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