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Document 32009D0117
2009/117/EC: Council Decision of 7 April 2008 on the signing and provisional application of the Agreement between the European Community and the Government of Nepal on certain aspects of air services
2009/117/EC: Council Decision of 7 April 2008 on the signing and provisional application of the Agreement between the European Community and the Government of Nepal on certain aspects of air services
2009/117/EC: Council Decision of 7 April 2008 on the signing and provisional application of the Agreement between the European Community and the Government of Nepal on certain aspects of air services
OJ L 41, 12.2.2009, p. 3–4
(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/2009/117(1)/oj
Language
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Official Journal
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12.2.2009 |
EN |
Official Journal of the European Union |
L 41/3 |
COUNCIL DECISION
of 7 April 2008
on the signing and provisional application of the Agreement between the European Community and the Government of Nepal on certain aspects of air services
(2009/117/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 Nepal 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 Government of Nepal 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 parties have notified each other of the completion of the necessary procedures for this purpose (1).
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, 7 April 2008.
For the Council
The President
R. ŽERJAV
(1) The date from which the Agreement will be provisionally applied will be published in the Official Journal of the European Union by the General Secretariat of the Council.
AGREEMENT
between the European Community and the Government of Nepal on certain aspects of air services
THE EUROPEAN COMMUNITY
of the one part, and
THE GOVERNMENT OF NEPAL
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 Nepal 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 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 Nepal, 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 Nepal and to preserve the continuity of such air services,
RECOGNISING that bilateral air service agreements between Member States of the European Community and Nepal should be consistent with the laws of Nepal and the European Community and provide a viable and sound legal basis for ensuring continuity and development of air services between the European Community and Nepal,
NOTING that provisions of the bilateral air service agreements between Member States of the European Community and Nepal, which are not inconsistent with European Community law, do not need to be affected by this Agreement,
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 service agreements concluded between Member States of the European Community and Nepal 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 in 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 bring about any changes in the total volume of air traffic between the European Community and Nepal, to affect the balance between Community air carriers and air carriers of Nepal, or to make 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, ‘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, authorisation and revocation
1. The provisions in paragraphs 3 and 4 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 air carriers by the Member State concerned, its authorisations and permissions granted by Nepal, and the refusal, revocation, suspension or limitation of the authorisations or permissions of the air carrier, respectively.
2. The provisions in paragraphs 3 and 4 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 air carriers by Nepal, its authorisations and permissions granted by the Member State concerned, and the refusal, revocation, suspension or limitation of the authorisations or permissions of the air carrier, respectively.
3. On receipt of such a designation, and of applications from the designated air carrier(s), in the form and manner prescribed for authorisations and permissions, the other party shall, subject to paragraphs 4 and 5 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 Nepal:
|
4. Either party may refuse, revoke, suspend or limit the authorisation or permissions of an air carrier designated by the other party where:
|
(a) |
in the case of an air carrier designated by a Member State:
|
|
(b) |
in the case of an air carrier designated by Nepal:
|
5. In exercising its right under paragraph 4, Nepal shall not discriminate between air carriers of Member States 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 Government of Nepal under the safety provisions of the agreement between the Member State that has designated the air carrier and the Government of Nepal 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 Nepal 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 corresponding provisions in the Articles listed in Annex II(e).
2. The tariffs to be charged by the air carrier(s) designated by the Government of Nepal 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
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, distort or restrict 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 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 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.
3. Agreements and other arrangements between Member States and the Government of Nepal 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 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 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 twenty-third day of January in the year two thousand and nine in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovene, Spanish, Swedish and Nepali 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 правителството на Непал
Por el Gobierno de Nepal
Za vládu Nepálu
For Nepals regering
Für die Regierung von Nepal
Nepali valitsuse nimel
Για την Κυβέρνηση του Νεπάλ
For the Government of Nepal
Pour le gouvernement du Népal
Per il governo del Nepal
Nepālas valdības vārdā
Nepalo vyriausybės vardu
Nepál kormánya részéről
Għall-Gvern tan-Nepal
Voor de Regering van Nepal
W imieniu Rządu Nepalu
Pelo Governo do Nepal
Pentru Guvernul Nepalului
Za vládu Nepálu
Za vlado Nepala
Nepalin hallituksen puolesta
För Nepals regering
ANNEX I
LIST OF AGREEMENTS REFERRED TO IN ARTICLE 1 OF THIS AGREEMENT
|
(a) |
Air service agreements between the Government of Nepal 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 the Government of Nepal 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 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 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). |