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Document 32008D0087
2008/87/EC: Council Decision of 30 October 2007 on the signing and provisional application of the Agreement between the European Community and the United Arab Emirates on certain aspects of air services
2008/87/EC: Council Decision of 30 October 2007 on the signing and provisional application of the Agreement between the European Community and the United Arab Emirates on certain aspects of air services
2008/87/EC: Council Decision of 30 October 2007 on the signing and provisional application of the Agreement between the European Community and the United Arab Emirates on certain aspects of air services
OJ L 28, 1.2.2008, p. 20–20
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV) This document has been published in a special edition(s)
(HR)
In force
ELI: http://data.europa.eu/eli/dec/2008/87(1)/oj
Language
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Official Journal
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1.2.2008 |
EN |
Official Journal of the European Union |
L 28/20 |
COUNCIL DECISION
of 30 October 2007
on the signing and provisional application of the Agreement between the European Community and the United Arab Emirates on certain aspects of air services
(2008/87/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 80(2) in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
Having regard to the proposal from the Commission,
Whereas:
|
(1) |
The Council authorised the Commission on 5 June 2003 to open negotiations with third countries on the replacement of certain provisions in existing bilateral Agreements with a Community Agreement. |
|
(2) |
On behalf of the Community, the Commission has negotiated an Agreement with the United Arab Emirates on certain aspects of air services in accordance with the mechanisms and directives in the Annex to the Council Decision authorising the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral Agreements with a Community Agreement. |
|
(3) |
The Agreement should be signed and provisionally applied, subject to its conclusion at a later date, |
HAS DECIDED AS FOLLOWS:
Article 1
The signing of the Agreement between the European Community and the United Arab Emirates on certain aspects of air services is hereby approved on behalf of the Community, subject to the conclusion of the said Agreement.
The text of the Agreement is attached to this Decision.
Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Community subject to its conclusion.
Article 3
Pending its entry into force, the Agreement shall be applied provisionally from the first day of the first month following the date on which the Contracting Parties have notified each other of the completion of the necessary procedures for this purpose.
Article 4
The President of the Council is hereby authorised to make the notification provided for in Article 9(2) of the Agreement.
Done at Luxembourg, 30 October 2007.
For the Council
The President
F. NUNES CORREIA
AGREEMENT
between the European Community and the United Arab Emirates on certain aspects of air services
THE EUROPEAN COMMUNITY
of the one part, and
THE UNITED ARAB EMIRATES
of the other part
(hereinafter referred to as the Contracting Parties)
NOTING that the European Court of Justice has found that certain provisions of bilateral agreements entered into by several Member States with third countries are incompatible with European Community law,
NOTING that a number of bilateral air services agreements have been concluded between several Member States of the European Community and the United Arab Emirates containing similar provisions and that there is an obligation on Member States to take all appropriate steps to eliminate incompatibilities between such agreements and the Treaty establishing the European Community,
NOTING that the European Community has exclusive competence with respect to several aspects that may be included in bilateral air services agreements between Member States of the European Community and third countries,
NOTING that under European Community law Community air carriers established in a Member State have the right to non-discriminatory access to agreed air routes between the Member States of the European Community and third countries,
HAVING REGARD to the agreements between the European Community and certain third countries providing for the possibility for the nationals of such third countries to acquire ownership in air carriers licensed in accordance with European Community law,
RECOGNISING that consistency between European Community law and provisions of bilateral air services agreements between Member States of the European Community and the United Arab Emirates will provide a sound legal basis for air services between the European Community and the United Arab Emirates and preserve the continuity and development of such air services,
NOTING that under European Community law air carriers may not, in principle, conclude agreements which may affect trade between Member States of the European Community and which have as their object or effect the prevention, restriction or distortion of competition,
RECOGNISING that provisions in bilateral air services agreements concluded between Member States of the European Community and the United Arab Emirates which (i) require or favour the adoption of agreements between undertakings, decisions by associations of undertakings or concerted practices that prevent, distort or restrict competition between air carriers on the relevant routes; or (ii) reinforce the effects of any such agreement, decision or concerted practice; or (iii) delegate to air carriers or other private economic operators the responsibility for taking measures that prevent, distort or restrict competition between air carriers on the relevant routes may render ineffective the competition rules applicable to undertakings,
NOTING that it is not a purpose of the European Community, as part of this Agreement, to increase the total volume of air traffic between the European Community and the United Arab Emirates, to affect the balance between Community air carriers and air carriers of the United Arab Emirates, or to prevail over the interpretation of the provisions of existing bilateral air services agreements concerning traffic rights,
HAVE AGREED AS FOLLOWS:
Article 1
General provisions
1. For the purposes of this Agreement, ‘Member States’ shall mean Member States of the European Community, ‘Contracting Party’ shall mean a contracting Party to this Agreement; ‘Party’ shall mean the party to the relevant bilateral air services agreement.
2. References in each of the agreements listed in Annex I to nationals of the Member State that is a party to that agreement shall be understood as referring to nationals of the Member States of the European Community.
3. References in each of the agreements listed in Annex I to air carriers or airlines of the Member State that is a party to that agreement shall be understood as referring to air carriers or airlines designated by that Member State.
Article 2
Designation
1. The provisions in paragraphs 2 and 3 of this Article shall supersede the corresponding provisions in the articles listed in Annex II(a) and (b) respectively, in relation to the designation of an air carrier by the Party concerned, its authorisations and permissions granted by the other Party, and the refusal, revocation, suspension or limitation of the authorisations or permissions of the air carrier, respectively.
2. On receipt of such a designation, and of applications from the designated air carrier(s), in the form and manner prescribed for operating authorisations and technical permissions, each Party shall grant the appropriate authorisations and permissions with minimum procedural delay, provided that:
|
(a) |
in the case of an air carrier designated by a Member State:
|
|
(b) |
in the case of an air carrier designated by the United Arab Emirates:
|
3. Either Party may refuse, revoke, suspend or limit the operating authorisations or technical permissions of an air carrier designated by the other Party where:
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(a) |
in the case of an air carrier designated by a Member State:
|
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(b) |
in the case of an air carrier designated by the United Arab Emirates:
|
In exercising its right under this paragraph, and without prejudice to its rights under paragraph 3(a)(v) and (vi) of this Article, the United Arab Emirates shall not discriminate between Community air carriers on the grounds of nationality.
Article 3
Safety
1. The provisions in paragraph 2 of this Article shall complement the corresponding provisions in the articles listed in Annex II(c).
2. Where a Member State has designated an air carrier whose regulatory control is exercised and maintained by another Member State, the rights of the United Arab Emirates under the safety provisions of the agreement between the Member State that has designated the air carrier and the United Arab Emirates shall apply equally in respect of the adoption, exercise or maintenance of safety standards by that other Member State and in respect of the operating authorisation of that air carrier.
Article 4
Taxation of aviation fuel
1. The provisions in paragraph 2 of this Article shall complement the corresponding provisions in the articles listed in Annex II(d).
2. Notwithstanding any other provision to the contrary, nothing in each of the agreements listed in Annex II(d) shall prevent a Member State from imposing, on a non-discriminatory basis, taxes, levies, duties, fees or charges on fuel supplied in its territory for use in an aircraft of a designated air carrier of the United Arab Emirates that operates between a point in the territory of that Member State and another point in the territory of that Member State or in the territory of another Member State. In such case, the United Arab Emirates would have a similar right to reciprocate without discrimination the imposition of similar taxes, levies, duties, fees or charges on fuel supplied in their territory.
Article 5
Tariffs for carriage within the European Community
1. The provisions in paragraph 2 of this Article shall complement the corresponding provisions in the articles listed in Annex II(e).
2. The tariffs to be charged by the air carrier(s) designated by the United Arab Emirates under an agreement listed in Annex I containing a provision listed in Annex II(e) for carriage wholly within the European Community shall be subject to European Community law.
3. Notwithstanding the provisions in paragraph 2, the air carrier(s) designated by the United Arab Emirates shall be allowed to match existing prices charged by other airlines for carriage wholly within the European Community.
Article 6
Compatibility with competition rules
1. Notwithstanding any other provision to the contrary, nothing in each of the agreements listed in Annex I shall (i) favour the adoption of agreements between undertakings, decisions by associations of undertakings or concerted practices that prevent or distort competition; (ii) reinforce the effects of any such agreement, decision or concerted practice; or (iii) delegate to private economic operators the responsibility for taking measures that prevent, distort or restrict competition.
2. The provisions contained in the agreements listed in Annex I that are incompatible with paragraph 1 of this Article shall not be applied.
Article 7
Annexes to the Agreement
The Annexes to this Agreement shall form an integral part thereof.
Article 8
Revision or amendment
The Contracting Parties may, at any time, revise or amend this Agreement by mutual consent.
Article 9
Entry into force and provisional application
1. This Agreement shall enter into force when the Contracting Parties have notified each other in writing that their respective internal procedures necessary for its entry into force have been completed.
2. Notwithstanding paragraph 1, the Contracting Parties agree to provisionally apply this Agreement from the first day of the month following the date on which the Contracting Parties have notified each other of the completion of the procedures necessary for this purpose.
3. Agreements and other arrangements between Member States and the United Arab Emirates which, at the date of the signature of this Agreement, have not yet entered into force and are not being applied provisionally are listed in Annex I(b). This Agreement shall apply to all such Agreements and arrangements upon their entry into force or provisional application.
Article 10
Termination
1. In the event that an agreement listed in Annex I is terminated, all provisions of this Agreement that relate to the agreement listed in Annex I concerned shall terminate at the same time.
2. In the event that all the agreements listed in Annex I are terminated, this Agreement shall terminate at the same time.
IN WITNESS WHEREOF, the undersigned, being duly authorised, have signed this Agreement.
Done at Brussels in duplicate, on the thirtieth day of November in the year two thousand and seven in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Arabic languages.
За Европейската общност
Por la Comunidad Europea
Za Evropské společenství
For Det Europæiske Fællesskab
Für die Europäische Gemeinschaft
Euroopa Ühenduse nimel
Για την Ευρωπαϊκή Κοινότητα
For the European Community
Pour la Communauté européenne
Per la Comunità europea
Eiropas Kopienas vārdā
Europos bendrijos vardu
Az Európai Közösség részéről
Għall-Komunità Ewropea
Voor de Europese Gemeenschap
W imieniu Wspólnoty Europejskiej
Pela Comunidade Europeia
Pentru Comunitatea Europeană
Za Európske spoločenstvo
Za Evropsko skupnost
Euroopan yhteisön puolesta
För Europeiska gemenskapen
За Обединените арабски емирства
Por los Emiratos Árabes Unidos
Za Spojené arabeské emiráty
For De Forenede Arabiske Emirater
Für die Vereinigten Arabischen Emirate
Araabia Ühendemiraatide nimel
Για τα Ενωμένα Αραβικά Εμιράτα
For the United Arab Emirates
Pour les Émirats arabes unis
Per gli Emirati arabi uniti
Apvienoto Arābu Emirātu vārdā
Jungtinių Arabų Emyratų vardu
Az Egyesült Arab Emirségek részéről
Għall-Emirati Gharab Maghquda
Voor de Verenigde Arabische Emiraten
W imieniu Zjednoczonych Emiratów Arabskieh
Pelos Emirados Árabes Unidos
Pentru Emiratele Arabe Unite
Za Spojené arabské emiráty
Za Združene arabske emirate
Yhdistyneiden Arabiemiirikuntien puolesta
För Förenade Arabemiraten
ANNEX I
LIST OF AGREEMENTS REFERRED TO IN ARTICLE 1 OF THIS AGREEMENT
|
(a) |
Air services agreements between the United Arab Emirates and Member States of the European Community which, at the date of signature of this Agreement, have been concluded, signed and/or are being applied provisionally.
|
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(b) |
Air services agreements and other arrangements initialled or signed between the United Arab Emirates and Member States of the European Community which, at the date of signature of this Agreement, have not yet entered into force and are not being applied provisionally.
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ANNEX II
LIST OF ARTICLES IN THE AGREEMENTS LISTED IN ANNEX I AND REFERRED TO IN ARTICLES 2 TO 6 OF THIS AGREEMENT
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(a) |
Designation:
|
|
(b) |
Refusal, revocation, suspension or limitation of authorisations or permissions:
|
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(c) |
Safety:
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(d) |
Taxation of aviation fuel:
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(e) |
Tariffs for carriage within the European Community:
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ANNEX III
LIST OF OTHER STATES REFERRED TO IN ARTICLE 2 OF THIS AGREEMENT
|
(a) |
The Republic of Iceland (under the Agreement on the European Economic Area); |
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(b) |
The Principality of Liechtenstein (under the Agreement on the European Economic Area); |
|
(c) |
The Kingdom of Norway (under the Agreement on the European Economic Area); |
|
(d) |
The Swiss Confederation (under the Agreement between the European Community and the Swiss Confederation on Air Transport). |