EU-Switzerland air transport agreement

SUMMARY OF:

Agreement between the European Community and Switzerland on air transport

Decision 2002/309/EC, Euratom on the conclusion of seven agreements with the Swiss Confederation

WHAT IS THE AIM OF THE AGREEMENT AND THE DECISION?

The agreement:

• integrates Switzerland with the European Union (EU) internal aviation market as part of a package of agreements covering seven different sectors of EU activities;
• extends the application of EU aviation legislation to Switzerland — the annex to the agreement lists all the EU legislation that Switzerland applies, including applicable adaptations.

The decision approves the agreement on behalf of the EU (European Community).

KEY POINTS

Economic rules

The agreement between the EU and Switzerland grants the following rights:

• within the scope of civil aviation, the right of establishment by EU companies in Switzerland, and by Swiss companies in the EU;
• unlimited rights for Swiss carriers to fly between any point in Switzerland and any point in the EU, and between points in different EU Member States;
• unlimited rights for EU carriers to fly between any point in the EU and any point in Switzerland.

The agreement also envisages that in the future the parties negotiate the granting of the right for EU carriers to fly between points within Switzerland, and for Swiss carriers to fly between points within the EU Member States.

Regulatory alignment

• As laid down in its annex, the agreement extends the application of the EU regulatory framework for civil aviation — including the areas of market regulation, competition, aviation safety, aviation security, air traffic management, environment and noise, consumer protection and fuel taxation — to Switzerland.
• The agreement provides that the European Union Aviation Safety Agency plays the same role in Switzerland as it does in the EU.
• The agreement also contains rules on fair competition, including the prohibition of concerted practices and abuse of dominant position, as well as strict rules on State aid. Within its scope, it forbids any discrimination based on nationality.

Institutional rules

• Each party is responsible for the enforcement of the agreement in its respective territories, but has the obligation to share information and give each other assistance on possible infringements.
• A joint committee composed of representatives of both parties and meeting at least yearly is responsible for administering the agreement and ensuring its proper implementation. Within the context of the committee, the parties share information, hold consultations and take decisions, notably on the amendment of the annex to the agreement regarding EU aviation legislation. The parties also consult each other to consider coordinated action within international organisations and towards other countries outside the scope of this agreement.

DATE OF ENTRY INTO FORCE

The agreement entered into force on 1 June 2002.

BACKGROUND

See also:

• The EU’s external aviation policy — Addressing future challenges (European Commission)
• An aviation strategy for Europe (European Commission)
• External aviation policy (European Commission).

MAIN DOCUMENTS

Agreement between the European Community and the Swiss Confederation on Air Transport (OJ L 114, 30.4.2002, pp. 73-90)

Successive amendments to the Agreement have been incorporated into the original text. This consolidated version is of documentary value only.

Decision 2002/309/EC, Euratom of the Council, and of the Commission as regards the Agreement on Scientific and Technological Cooperation, of 4 April 2002 on the conclusion of seven Agreements with the Swiss Confederation (OJ L 114, 30.4.2002, pp. 1-5)

last update 01.01.2023