http://www.legislation.gov.uk/id/eudn/2011/780

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,

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 Area1, and in particular Article 1(3) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)

Annex XIII to the Agreement on the European Economic Area (hereinafter ‘the Agreement’) contains specific provisions and arrangements concerning transport.

(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 establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC2 has as its principal objective to establish and maintain a high uniform level of civil aviation safety within the Union.

(3)

The activities of the European Aviation Safety Agency may affect the level of civil aviation safety within the European Economic Area.

(4)

Regulation (EC) No 216/2008 should therefore be incorporated into the Agreement in order to allow for the full participation of the EFTA States in the European Aviation Safety Agency.

(5)

Since Regulation (EC) No 216/2008 repeals Regulation (EC) No 1592/20023, which is incorporated into the Agreement, Regulation (EC) No 1592/2002 should consequently be repealed under the Agreement.

(6)

Annex XIII to the Agreement should be amended accordingly.

(7)

The Union should therefore take the position set out in the attached draft Decision within the EEA Joint Committee,

HAS ADOPTED THIS DECISION: