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Summary of Treaty


GENERAL DATA
Official Title Agreement between the European Community and the Swiss Confederationon<br>Air Transport
Type of Agreement Bilateral
Place of Signature Luxembourg
Date of Signature 21/06/1999
Date of Entry Into Force 01/06/2002
Duration Definite
Agreement Suspension Justification  
Objective of Agreement

To set out rules for the Contracting Parties in the field of civil
aviation: (i) reciprocal freedom of establishment (Article 4); (ii)
granting of safeguard measures following consultations in relation to
agreements with third countries and international organisations
(Article 24); (iii) reciprocal liberalisation of air traffic rights
between any point in Switzerland and any point in the Community for
carriers registered in either party.

Remarks

The provisions of the Agreement are
without prejudice to those contained in the EC Treaty and in
particular to existing Community competences under the competition
rules and the regulations of application of such rules, as well as
under all relevant Community legislation listed in the Annex to this
Agreement. For this purpose, the provisions laid down in this
Agreement as well as in the regulations and directives specified in
the Annex shall apply under the condition set out hereafter. Insofar
as they are identical in substance to corresponding rules of the EC
Treaty and to acts adopted in application of that Treaty, those
provisions shall, in their implementation and application, be
interpreted in conformity with the relevant rulings and decisions of
the Court of Justice and the Commission of the European Communities
given prior to the date of signature of this Agreement. The rulings
and decisions given after the date of signature of this Agreement
shall be communicated to Switzerland. At the request of one of the
Contracting Parties, the implications of such latter rulings and
decisions shall be determined by the Joint Committee in view of
ensuring the proper functioning of this Agreement. In addition to
granting rights to Swiss carriers on Switzerland-EC routes, the
Agreement grants Swiss air carriers traffic rights between points in
different EC Member States as from two years after its entry into
force. A sunset clause provides for negotiations to be opened on the
possible extension of the scope of Article 15. There is also a clause
for adjustment to the evolution of the acquis communautaire:
acceptance by Switzerland of the competence of the Community
institutions as regards the application of Community rules by
Switzerland (Articles 11, 18, 19 and 20). The arrangement laid down in
Article 18(2) however allows the Joint Committee to decide whether
measures taken by Switzerland on environmental grounds under either
Article 8(2) or 9 of Council Regulation (EEC) No 2408/92 are in
conformity with this Agreement. Following rejection by Switzerland of
the EEA Agreement in a referendum, the only way of mitigating the
impact of the no vote was the conclusion of bilateral agreements.
Seven sectoral agreements were adopted simultaneously guaranteeing a
package of mutual interest based on a sound balance of advantages for
both sides. To protect against the elimination of any of the seven
agreements by referendum, they were adopted by the “Package approach”.
Each one of them contain a common clause stipulating simultaneous
entry into force and application in their entirety. All seven
agreements cease to apply in the event of non-renewal following the
initial 7-year period or termination.


See into the section of Other Treaty
Relevant Information the Decision No 1/2015 of the Joint European
Union/Switzerland Air Transport Committee set up under the Agreement
between the European Community and the Swiss Confederation on Air
Transport of 20 August 2015 replacing the Annex to the Agreement
between the European Community and the Swiss Confederation on Air
Transport [2015/1481]; OJ L226 of 29/08/2015, p.12

OJ Reference L114, 30/04/2002, p. 73
Nature of Agreement Transport agreement
Depositary Council of the European Union
Contracting Parties European Atomic Energy Community, European Community, Switzerland
Authentic Texts Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish
Subject Matters Switzerland
Transport
Management Community/Switzerland Air Transport Committee
EU PARTICIPATION
Ratification Status NOT
Conclusion Decision Decision of the Council and of the Commission concerning the scientific and technological cooperation Agreement of 4 April 2002 relating to the conclusion of seven agreements with the Swiss Confederation; OJ L 114 of 30/04/2002, p.1
Competence Exclusive
Legal Basis Treaty EC: Article 310



Last Update :   31/08/2015