Introductory text

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2), in conjunction with Article 218(9) thereof,

Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area^f1, and in particular Article 1(3) thereof,

Having regard to the proposal from the European Commission,

Whereas:

Annex XIII to the Agreement on the European Economic Area^f2 (the ‘EEA Agreement’) was amended by Decision of the EEA Joint Committee No 90/2011 of 19 July 2011^f3, by virtue of which Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community^f4 was incorporated into the EEA Agreement.

Through the inclusion of Regulation (EC) No 1008/2008 into the Air Transport Agreement between the European Community and the Swiss Confederation, the same regime has been established between the Union and Switzerland for Swiss and Community air carriers^f5.

Through the inclusion of Regulation (EC) No 1008/2008 into the Convention establishing the European Free Trade Association (Vaduz Convention)^f6, the same regime has also been established between Switzerland and the EEA EFTA States for Swiss and EEA EFTA air carriers.

Annex XIII to the EEA Agreement should therefore be amended to grant Swiss air carriers the right to operate air services from a Member State of the Union to an EEA EFTA State and vice versa.

The position of the Union in the EEA Joint Committee should be based on the attached draft Decision,

HAS ADOPTED THIS DECISION: