8.1.2004 Official Journal of the European Union L 413 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 5 December 2003 on a procedure relating to the application of Article 18(2), first sentence, of the Agreement between the European Community and the Swiss Confederation on air transport and Council Regulation (EEC) No 2408/92 (Case TREN/AMA/11/03 — German measures relating to the approaches to Zurich airport) (notified under document number C(2003) 4472) (Only the German text is authentic) (2004/12/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Agreement between the European Com- munity and the Swiss Confederation on air transport () of 21 June 1999, and in particular Articles 15 and 18(2) thereof, Having regard to Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Com- munity air routes (), and in particular Article 8(3) thereof, After consulting the Advisory Committee established by Regu- lation (EEC) No 2408/92, Whereas: BACKGROUND (1) Zurich airport is situated at Kloten, north-east of the city of Zurich and about 15 km south-east of the border between Switzerland and Germany. Zurich airport has three runways: one west-east (10/28), one north-south (16/34) crossing the west-east runway, and one north- west-south-east (14/32) which is independent of the two others. These runways have traditionally been used according to the following scheme: most take-offs during the day take place from the west-east runway towards the west, while in the early morning and late evening most take-offs use the north-south runway in the north direction. Incoming flight overwhelmingly use the north- west-south-east runway coming from the north-east. () OJ L 114, 30.4.2002, p. 73. () OJ L 240, 24.8.1992, p. 8. Given the proximity to the German border, all flights landing in Zurich from the north or north-west must use German airspace while landing. The use of German airspace for approaching and leaving Zurich airport had been governed by a bilateral agree- ment between Switzerland and Germany of 17 September 1984 which was terminated by Germany on 22 March 2000 with effect from 31 May 2001, following implementation problems. Germany and Swit- zerland subsequently signed a new agreement on 18 October 2001, which has however not been ratified. In Switzerland, the Nationalrat voted against ratification on 19 June 2002 while the Standerat sent it back to the transport commission on 12 December 2002. In Germany, the Bundestag approved the agreement on 17 May 2002, but the Bundesrat opposed it on 12 July 2002. It has not been taken up since. On 15 January 2003, the German Federal Aviation Authority published the 213th regulation for the imple- mentation of German air traffic regulations establishing procedures for instrument-guided landings and take-offs at Zurich airport. This regulation sets out a number of limitations for the approach to Zurich airport as of 18 January 2003. In particular: — it imposes minimum waiting levels of 6 000 feet above the waiting areas SAFFA and EKRIT, and 13 000 feet above the waiting area RILAX,