**Summary:**
EEA Joint Committee Decision No. 106/2019, adopted on April 11, 2019, amends Annex XIII (Transport) to the EEA Agreement to incorporate Regulation (EU) 2019/502. This regulation addresses common rules ensuring basic air connectivity concerning the withdrawal of the United Kingdom from the European Union.
The incorporation of Regulation (EU) 2019/502 into the EEA Agreement is considered an exceptional measure to ensure the proper functioning of the internal market in the event of a no-deal Brexit. The application of these contingency measures is limited to a short period following the UK's withdrawal and does not establish a precedent for future EU measures affecting third countries.
Article 1 of the Decision inserts point 64d, referencing Regulation (EU) 2019/502 (OJ L 85I, 27.3.2019, p. 49), after point 64c of Council Directive 96/67/EC in Annex XIII. Adaptations to the Regulation's application within the EFTA States include: Article 4(3) not applying to EFTA states; and the addition of a paragraph to Article 15, stipulating that EFTA States will fully participate in the established committee with the same rights and obligations as EU Member States, except for voting rights.
Article 2 states that the authentic texts of Regulation (EU) 2019/502 in Icelandic and Norwegian will be published in the EEA Supplement to the Official Journal of the European Union. The decision entered into force on April 11, 2019, or the day following the last notification under Article 103(1) of the EEA Agreement, whichever is later (Article 3). Article 4 mandates the publication of the Decision in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.
Key Entities Referenced
EEA Joint Committee: The decision-making body responsible for amending Annex XIII to the EEA Agreement.
EEA Agreement: Agreement on the European Economic Area.
Annex XIII Transport to the EEA Agreement: An annex to the EEA Agreement specifically concerning transport regulations.
Regulation EU 2019/502: Regulation of the European Parliament and of the Council on common rules ensuring basic air connectivity with regard to the withdrawal of the United Kingdom from the Union.
European Parliament: One of the legislative bodies of the European Union.
Council of the European Union: A legislative body of the European Union, composed of government ministers from each member state.
United Kingdom of Great Britain and Northern Ireland: The country whose withdrawal from the EU prompted the contingency measures.
Brussels: The city where the decision was made.
L 192/62 EN Official Journal of the European Union 18.7.2019
DECISION OF THE EEA JOINT COMMITTEE No 106/2019
of 11 April 2019
amending Annex XIII (Transport) to the EEA Agreement [2019/1236]
THE EEA JOINT COMMITTEE,
Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98
thereof,
Whereas:
(1) Regulation (EU) 2019/502 of the European Parliament and of the Council of 25 March 2019 on common rules
ensuring basic air connectivity with regard to the withdrawal of the United Kingdom of Great Britain and
Northern Ireland from the Union (1) is to be incorporated into the EEA Agreement.
(2) This decision relates to the incorporation, into the EEA Agreement, of EU unilateral contingency measures
adopted in order to ensure the good functioning of the internal market in case of withdrawal of the UK from the
EU without an agreement (no deal scenario). The EEA Agreement is not designed to address the relations
between the EEA States and the UK, as a third State. Therefore, the incorporation is accepted on an exceptional
basis and under condition that the application of the contingency measures is limited to the very short period of
time after the withdrawal. The incorporation cannot be used as a precedent in the future and in other cases
related to the EU measures affecting third countries.
(3) Annexes XIII to the EEA Agreement should therefore be amended accordingly,
HAS ADOPTED THIS DECISION:
Article 1
The following is inserted after point 64c (Council Directive 96/67/EC) of Annex XIII to the EEA Agreement:
‘64d. 32019 R 0502: Regulation (EU) 2019/502 of the European Parliament and of the Council of 25 March 2019
on common rules ensuring basic air connectivity with regard to the withdrawal of the United Kingdom of
Great Britain and Northern Ireland from the Union (OJ L 85I, 27.3.2019, p. 49).
The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following
adaptations:
(a) As regards the EFTA States, Article 4(3) shall not apply.
(b) The following paragraph shall be added to Article 15:
“4. The EFTA States shall participate fully in the committee established pursuant to paragraph 1 and
shall within it have the same rights and obligations as EU Member States, except for the right to vote.”’
Article 2
The text of Regulation (EU) 2019/502 in the Icelandic and Norwegian languages, to be published in the EEA
Supplement to the Official Journal of the European Union, shall be authentic.
Article 3
This Decision shall enter into force on 11 April 2019, or on the day following the last notification under Article 103(1)
of the EEA Agreement (*), whichever is the later.
(1) OJ L 85I, 27.3.2019, p. 49.
(*) No constitutional requirements indicated.18.7.2019 EN Official Journal of the European Union L 192/63
Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European
Union.
Done at Brussels, 11 April 2019.
For the EEA Joint Committee
The President
Claude MAERTEN