Explanatory Memorandum to SEC(2011)1449 - EU position in the EEA Joint Committeeconcerning an amendment to Annex XIII (Transport)

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dossier SEC(2011)1449 - EU position in the EEA Joint Committeeconcerning an amendment to Annex XIII (Transport).
source SEC(2011)1449 EN
date 01-12-2011


1. CONTEXT OF THE PROPOSAL

In order to ensure the requisite legal security and homogeneity of the Internal Market, the EEA Joint Committee is to integrate all the relevant Community legislation into the EEA Agreement as soon as possible after its adoption.

2. RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

The draft Decision of the EEA Joint Committee (annexed to the proposed Council Decision) aims to amend Annex XIII (transport) by adding new Community acquis in this field. This concerns Commission Regulation (EU) No 255/2010 of 25 March 2010 laying down common rules on air traffic flow management which is to be incorporated into the Agreement. A derogation is proposed for Liechtenstein, considering that the country’s particular situation concerning civil aviation (i.e. very limited activities, only one heliport) has to be taken into due account. Based on a bilateral agreement, Switzerland is taking care of the Liechtenstein airspace as regards air control issues.

3. LEGAL ELEMENTS OF THE PROPOSAL

Article 1(3) of Council Regulation (EC) No 2894/94 concerning arrangements for implementing the EEA Agreement provides that the Council establishes the position to be adopted on the Union’s behalf on such Decisions, on a proposal from the Commission.

The Commission submits the Draft Decision of the EEA Joint Committee for adoption by the Council as the Union’s position. The Commission would hope to be able to present it in the EEA Joint Committee at the earliest possible opportunity.