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Document 32006D0370
2006/370/EC: Council Decision of 8 November 2005 on the signing and provisional application of the Agreement between the European Community and the Republic of Croatia on certain aspects of air services
2006/370/EC: Council Decision of 8 November 2005 on the signing and provisional application of the Agreement between the European Community and the Republic of Croatia on certain aspects of air services
2006/370/EC: Council Decision of 8 November 2005 on the signing and provisional application of the Agreement between the European Community and the Republic of Croatia on certain aspects of air services
OJ L 136, 24.5.2006, p. 31–31
(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)
OJ L 294M, 25.10.2006, p. 120–120
(MT)
In force
ELI: http://data.europa.eu/eli/dec/2006/370/oj
Language
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Official Journal
|
24.5.2006 |
EN |
Official Journal of the European Union |
L 136/31 |
COUNCIL DECISION
of 8 November 2005
on the signing and provisional application of the Agreement between the European Community and the Republic of Croatia on certain aspects of air services
(2006/370/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 Article 300(2), first sentence of the first subparagraph 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) |
The Commission has negotiated on behalf of the Community an Agreement with the Republic of Croatia on certain aspects of air services in accordance with the mechanisms and directives in the Annex to the Council's 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) |
Subject to its possible conclusion at a later date, the Agreement negotiated by the Commission should be signed and provisionally applied, |
HAS DECIDED AS FOLLOWS:
Article 1
The signing of the Agreement between the European Community and the Republic of Croatia on certain aspects of air services is hereby approved on behalf of the Community, subject to the Council Decision concerning 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 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 in Article 8(2) of the Agreement.
Done at Brussels, 8 November 2005.
For the Council
The President
G. BROWN
AGREEMENT
between the European Community and the Republic of Croatia on certain aspects of air services
THE EUROPEAN COMMUNITY,
of the one part, and
THE REPUBLIC OF CROATIA, (hereinafter referred to as Croatia),
of the other part,
(hereinafter referred to as the Parties),
NOTING that bilateral air service agreements have been concluded between several Member States of the European Community and Croatia containing provisions contrary to Community law agreed by such Member States of the European Community,
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 in 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 Member States of the European Community and Croatia, 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 European Community and Croatia 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 European Community and Croatia, to affect the balance between Community air carriers and air carriers of Croatia, or to negotiate amendments to the provisions of existing bilateral air service agreements concerning traffic rights,
NOTING that, since a majority of the bilateral air service agreements between Member States of the European Community and Croatia provide for no restrictions on capacity, the volume of traffic on both sides has the potential to increase above its current level,
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.
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 by a Member State
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 Member State concerned, its authorisations and permissions granted by Croatia, and the refusal, revocation, suspension or limitation of the authorisations or permissions of the air carrier, respectively.
2. On receipt of a designation by a Member State, Croatia 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 and shall continue to be owned directly or through majority ownership 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, and shall at all times be effectively controlled by such States and/or such nationals. |
3. Croatia 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 and effectively controlled directly or through majority ownership 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, Croatia shall not discriminate between Community air carriers on the grounds of nationality.
4. The granting of traffic rights continues to be carried out through bilateral arrangements.
Article 3
Rights with regard to regulatory control
1. The provisions in paragraph 2 of this Article shall complement 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 Croatia under the safety provisions of the Agreement between the Member State that has designated the air carrier and Croatia 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 taxes, levies, duties, fees or charges on fuel supplied in its territory for use in an aircraft of a designated air carrier of Croatia 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 5
Tariffs for carriage within the European Community
1. The provisions in paragraph 2 of this Article shall complement the Articles listed in Annex II(e).
2. The tariffs to be charged by the air carrier(s) designated by Croatia 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 6
Annexes to the Agreement
The Annexes to this Agreement shall form an integral part thereof.
Article 7
Revision or amendment
The Parties may, at any time, revise or amend this Agreement by mutual consent.
Article 8
Entry into force and provisional application
1. This Agreement shall enter into force when the 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 Parties agree to provisionally apply this Agreement from the first day of the month following the date on which the Parties have notified each other of the completion of the procedures necessary for this purpose.
2. Agreements and other arrangements between Member States and Croatia which, at the date of 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 9
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 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 Salzburg in duplicate, on this fifth day of May in the year two thousand and six, in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovene, Spanish, Swedish and Croatian languages.
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
För Europeiska gemenskapen
Za Europsku zajednicu
Por la República de Croacia
Za Chorvatskou republiku
For Republikken Kroatien
Für die Republik Kroatien
Horvaatia Vabariigi nimel
Για τη Δημοκρατία της Κροατίας
For the Republic of Croatia
Pour la République de Croatie
Per la Repubblica di Croazia
Horvātijas Republikas vārdā
Kroatijos Respublikos vardu
A Horvát Köztársaság részéről
Għar-Repubblika tal-Kroazja
Voor de Republiek Kroatië
W imieniu Republiki Chorwacji
Pela República da Croácia
Za Chorvátsku republiku
Za Republiko Hrvaško
Kroatian tasavallan puolesta
För Republiken Kroatien
Za Republiku Hrvatsku
ANNEX I
List of Agreements referred to in Article 1 of this Agreement
|
(a) |
Air service agreements between Croatia 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
|
|
(b) |
Air service agreements and other arrangements initialled or signed between Croatia 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
|
ANNEX II
List of Articles in the Agreements listed in Annex I and referred to in Articles 2 to 5 of this Agreement
|
(a) |
Designation by a Member State:
|
|
(b) |
Refusal, revocation, suspension or limitation of authorisations or permissions:
|
|
(c) |
Regulatory control:
|
|
(d) |
Taxation of Aviation Fuel:
|
|
(e) |
Tariffs for Carriage within the European Community:
|
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). |