28.6.2012 Official Journal of the European Union L 168/1 II (Non-legislative acts) INTERNATIONAL AGREEMENTS COUNCIL DECISION of 25 June 2012 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 (2012/341/EV) THE COUNCIL OF THE EUROPEAN UNION, Association (Vaduz Convention) (°), the same regime has also been established between Switzerland and the EEA EFTA States for Swiss and EEA EFTA air carriers. 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, (4)  Annex XIII to the EEA Agreement should therefore be amended to grant Swiss air carriers the right to operate Having regard to Council Regulation (EC) No 2894/94 of air services from a Member State of the Union to an EEA 28 November 1994 concerning arrangements for implementing EFTA State and vice versa. the Agreement on the European Economic Area ('), and in particular Article 1(3) thereof, (5)  The position of the Union in the EEA Joint Committee should be based on the attached draft Decision, Having regard to the proposal from the European Commission, HAS ADOPTED THIS DECISION: Whereas: . Atticle 1 (1)  Annex XIII to the Agreement on the European Economic The position to be taken by the European Union within the Area (%) (the ‘EEA Agreement’) was amended by Decision EEA Joint Committee on the proposed amendment to Annex of the EEA Joint Committee No 90/2011 of 19 July XII (Transport) to the EEA Agreement shall be based on the 2011 (}), by virtue of which Regulation (EC) No draft Decision of the EEA Joint Committee attached to this 1008/2008 of the European Parliament and of the Decision. Council of 24 September 2008 on common rules for the operation of air services in the Community (*) was Article 2 incorporated into the EEA Agreement. This Decision shall enter into force on the day of its adoption. (2)  Through the inclusion of Regulation (EC) No 1008/2008 into the Air Transport Agreement between the European Community and the Swiss Confederation, the same Done at Brussels, 25 June 2012. regime has been established between the Union and Swit- zerland for Swiss and Community air carriers (3). For the Council or the Counci (3)  Through the inclusion of Regulation (EC) No 1008/2008 The President into the Convention establishing the European Free Trade C. ASHTON ! L 305, 30.11.1994, p. 6. ) 0 ) OJ L1, 3.1.1994, p. 3. () O] L 262, 6.10.2011, p. 62. ( OJ L 293, 31.10.2008, p. 3. (°) Decision No 1/2010 of the Joint Community/Switzerland Air - Transport Committee of 7 April 2010 (OJ L 106, 28.4.2010, p. 20). (°) Decision of the EFTA Council No 1/2012 of 22 March 2012.