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Document 32006D0529
2006/529/EC: Council Decision of 29 November 2005 on the signature of the Agreement between the European Community and Ukraine on certain aspects of air services
2006/529/EC: Council Decision of 29 November 2005 on the signature of the Agreement between the European Community and Ukraine on certain aspects of air services
2006/529/EC: Council Decision of 29 November 2005 on the signature of the Agreement between the European Community and Ukraine on certain aspects of air services
OJ L 211, 1.8.2006, p. 23–23
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV) This document has been published in a special edition(s)
(BG, RO, HR)
OJ L 76M, 16.3.2007, p. 173–173
(MT)
In force
ELI: http://data.europa.eu/eli/dec/2006/529/oj
1.8.2006 |
EN |
Official Journal of the European Union |
L 211/23 |
COUNCIL DECISION
of 29 November 2005
on the signature of the Agreement between the European Community and Ukraine on certain aspects of air services
(2006/529/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) |
On 5 June 2003 the Council authorised the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement. |
(2) |
The Commission has negotiated, on behalf of the Community, an agreement with Ukraine on certain aspects of air services in accordance with the mechanisms and directives in the Annex to the Council’s authorisation of 5 June 2003. |
(3) |
Subject to its possible conclusion at a later date, the agreement negotiated by the Commission should be signed, |
HAS DECIDED AS FOLLOWS:
Sole Article
1. The President of the Council is hereby authorised to designate the person(s) empowered to sign on behalf of the Community the Agreement between the European Community and Ukraine on certain aspects of air services, subject to its conclusion at a later date.
2. The text of the agreement is attached to this Decision.
Done at Brussels, 29 November 2005.
For the Council
The President
A. JOHNSON
AGREEMENT
between the European Community and Ukraine on certain aspects of air services
THE EUROPEAN COMMUNITY
of the one part, and
UKRAINE
of the other part
(hereinafter referred to as the Parties),
NOTING that bilateral air service agreements have been concluded between all Member States of the European Community and Ukraine containing provisions contrary to Community law,
NOTING that the European Community has exclusive competence with respect to several aspects that may be included in bilateral air service agreements between Member States of the European Community and third countries,
NOTING that under European Community law Community air carriers established on the territory of a Member State have the right to non-discriminatory access to 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 certain provisions of the bilateral air service agreements between the Member States of the European Community and Ukraine, which are contrary to European Community law, must be brought into conformity with it in order to establish a sound legal basis for air services between the Member States of the European Community and Ukraine and to preserve the continuity of such air services,
NOTING that it is not a purpose of the European Community, as part of these negotiations, to increase the total volume of air traffic between the Member States of the European Community and Ukraine, to affect the balance between Community air carriers and air carriers of Ukraine, or to negotiate amendments to the provisions of existing bilateral air service agreements concerning traffic rights,
HAVE AGREED AS FOLLOWS:
Article 1
General provisions
1. For the purposes of this Agreement, unless the context otherwise requires, definitions are listed in Annex IV.
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 of the Member State that is a party to that agreement shall be understood as referring to air carriers designated by that Member State.
Article 2
Designation by a Member State
1. The provisions in paragraph 2 of shall supersede the corresponding provisions in the articles listed in Annex II(a), in relation to the designation of an air carrier by the Member State concerned, its authorisations and permissions granted by Ukraine.
2. On receipt of a designation by a Member State, Ukraine shall grant the appropriate authorisations and permissions with minimum procedural delay, provided that:
(i) |
the air carrier is established, under the Treaty establishing the European Community, in the territory of the designating Member State and has a valid Operating Licence in accordance with European Community law; |
(ii) |
effective regulatory control of the air carrier is exercised and maintained by the Member State responsible for issuing its Air Operators Certificate and the relevant aeronautical authority is clearly identified in the designation; and |
(iii) |
the air carrier is owned, directly or through majority ownership, and it is effectively controlled by Member States and/or nationals of Member States, and/or by other states listed in Annex III and/or nationals of such other states. |
Article 3
Refusal, revocation, suspension or limitation by Ukraine
1. The provisions in paragraph 2 shall supersede the corresponding provisions in the articles listed in Annex III(b), in relation to the refusal, revocation, suspension or limitation of the authorisations or permissions of an air carrier designated by a Member State.
2. Ukraine may refuse, revoke, suspend or limit the authorisations or permissions of an air carrier designated by a Member State where:
(i) |
the air carrier is not established, under the Treaty establishing the European Community, in the territory of the designating Member State or does not have a valid Operating Licence in accordance with European Community law; |
(ii) |
effective regulatory control of the air carrier is not exercised or not maintained by the Member State responsible for issuing its Air Operators Certificate, or the relevant aeronautical authority is not clearly identified in the designation; or |
(iii) |
the air carrier is not owned, directly or through majority ownership, or it is not effectively controlled by Member States and/or nationals of Member States, and/or by other states listed in Annex III and/or nationals of such other states. |
In exercising its right under this paragraph, Ukraine shall not discriminate between Community air carriers on the grounds of nationality.
Article 4
Safety
1. The provisions in paragraph 2 shall complement the articles listed in Annex II(c).
2. Where a Member State has designated an air carrier whose effective regulatory control is exercised and maintained by another Member State, the rights of Ukraine under the safety provisions of the agreement between the Member State that has designated the air carrier and Ukraine 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 5
Taxation of aviation fuel
1. The provisions in paragraph 2 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 Ukraine 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.
Article 6
Tariffs for carriage
1. The provisions in paragraph 2 shall complement the articles listed in Annex II(e).
2. The tariffs to be charged by the air carrier(s) designated by Ukraine 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.
Article 7
Annexes
The Annexes to this Agreement shall form an integral part thereof.
Article 8
Revision or amendment
The Parties may, at any time, revise or amend this Agreement by mutual consent.
Article 9
Entry into force
1. This Agreement shall enter in force on the date of the receipt of the latest written notification of the Parties on the completion of their internal procedures necessary for the entry into force of this Agreement.
2. This Agreement shall apply to all Agreements listed in Annex I(b) upon their entry into force.
Article 10
Termination
1. Should an agreement listed in Annex I be terminated, all provisions of this Agreement that relate to the agreement listed in Annex I concerned shall terminate at the same time.
2. Should all agreements listed in Annex I be terminated, this Agreement shall terminate at the same time.
Article 11
Registration
This Agreement and amendments thereto shall be registered with the International Civil Aviation Organisation.
IN WITNESS WHEREOF, the undersigned, being duly authorised, have signed this Agreement.
Hecho en Kiev, el uno de diciembre de dos mil cinco.
V Kyjevě dne prvního prosince dva tisíce pět.
Udfærdiget i Kiev den første december to tusind og fem.
Geschehen zu Kiew am ersten Dezember zweitausendundfünf.
Kahe tuhande viienda aasta detsembrikuu esimesel päeval Kiievis.
Κίεβο, μiα Δεκεμβρίου δύο χιλιάδες πέντε.
Done at Kiev, on the first day of December, in the year two thousand and five.
Fait à Kiev, le premier décembre deux mille cinq.
Fatto a Kiev, addì primo dicembre duemilacinque.
Kijevā, divtūkstoš piektā gada pirmajā decembrī.
Priimta du tūstančiai penktų metų gruodžio pirmą dieną Kijeve.
Kelt Kievben, a kettőezerötödik év december első napján.
Magħmul f' Kiev, fl-ewwel jum ta' Diċembru tas-sena elfejn u ħamsa.
Gedaan te Kiev, de eerste december tweeduizend vijf.
Sporządzono w Kijowie dnia pierwszego grudnia roku dwutysięcznego piątego.
Feito em Kiev, em um de Dezembro de dois mil e cinco.
V Kyjeve dňa prvého decembra dvetisícpät'.
V Kijevu, prevega decembra leta dva tisoč pet.
Tehty Kiovassa ensimmäisenä päivänä joulukuuta vuonna kaksituhattaviisi.
Som skedde i Kiev den första december tjugohundrafem.
Pour le Royaume de Belgique
Voor het Koninkrijk België
Für das Königreich Belgien
Za Českou republiku
På Kongeriget Danmarks vegne
Für die Bundesrepublik Deutschland
Eesti Vabariigi nimel
Για την Ελληνική Δημοκρατία
Por el Reino de España
Pour la République française
Thar cheann Na hÉireann
For Ireland
Per la Repubblica italiana
Για την Κυπριακή Δημοκρατία
Latvijas Republikas vārdā
Lietuvos Respublikos vardu
Pour le Grand-Duché de Luxembourg
A Magyar Köztársaság részéről
Għar-Repubblika ta' Malta
Voor het Koninkrijk der Nederlanden
Für die Republik Österreich
W imieniu Rzeczypospolitej Polskiej
Pela República Portuguesa
Za Republiko Slovenijo
Za Slovenskú republiku
Suomen tasavallan puolesta
För Republiken Finland
För Konungariket Sverige
For the United Kingdom of Great Britain and Northern Ireland
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
Za Európske spoločenstvo
Za Evropsko skupnost
Euroopan yhteisön puolesta
På Europeiska gemenskapens vägnar
ANNEX I
List of agreements referred to in Article 1 of this Agreement
(a) |
Air services agreements between Ukraine and Member States of the European Community which, at the date of signature of this Agreement, have entered into force or have been signed; and other arrangements between Ukraine and Member States that are being applied provisionally:
|
(b) |
Air service agreements between Ukraine and Member States of the European Community which, at the date of signature of this Agreement, have been initialled:
|
ANNEX II
List of articles in the Agreements listed in Annex I and referred to in Articles 2 to 6 of this Agreement
(a) |
Designation by a Member State:
|
(b) |
Refusal, revocation, suspension or limitation of authorisations or permissions:
|
(c) |
Safety:
|
(d) |
Taxation of aviation fuel:
|
(e) |
Tariffs for carriage:
|
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); |
(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). |
ANNEX IV
Definitions
The expression ‘Member State’ means any Member State of the European Community.
The expression ‘Establishment of a Community air carrier (airline) on the territory of a Member State’ implies the effective and real exercise of air transport activity through stable arrangements. The legal form of such an establishment, whether a branch or a subsidiary with legal personality, should not be the determining factor in this respect.
The expression ‘Operating licence’ means an authorisation granted by the Member State responsible to an undertaking, permitting it to carry out carriage by air of passengers, mail and/or cargo, as stated in the operating licence, for remuneration and/or hire.
The expression ‘Air operator’s certificate’ means a document issued to an undertaking or a group of undertakings by the competent authorities which affirms that the operator in question has the professional ability and organisation to secure the safe operation of aircraft for the aviation activities specified in the certificate.
Evidence of ‘effective regulatory control’ is predicated upon but is not limited to: the air carrier holds a valid Operating Licence issued by the competent authorities, and meets the criteria for the operation of international air services established by the competent authorities, such as proof of financial fitness, ability to meet, where relevant, public interest requirement, obligations for assurance of service etc., and the licensing Member State has and maintains aviation safety and security oversight programmes in compliance with standards of the International Civil Aviation Organisation at least.