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Document 32006D0466
2006/466/EC: Council Decision of 5 May 2006 on the signing and provisional application of the Agreement between the European Community and New Zealand on certain aspects of air services
2006/466/EC: Council Decision of 5 May 2006 on the signing and provisional application of the Agreement between the European Community and New Zealand on certain aspects of air services
2006/466/EC: Council Decision of 5 May 2006 on the signing and provisional application of the Agreement between the European Community and New Zealand on certain aspects of air services
OJ L 184, 6.7.2006, p. 25–25
(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. 7–7
(MT)
In force
ELI: http://data.europa.eu/eli/dec/2006/466/oj
6.7.2006 |
EN |
Official Journal of the European Union |
L 184/25 |
COUNCIL DECISION
of 5 May 2006
on the signing and provisional application of the Agreement between the European Community and New Zealand on certain aspects of air services
(2006/466/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) |
On behalf of the Community, the Commission has negotiated an Agreement with New Zealand on certain aspects of air services hereinafter referred to as ‘the Agreement’ 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 possible conclusion at a later date, |
HAS DECIDED AS FOLLOWS:
Article 1
The signing of the Agreement between the European Community and New Zealand 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, 5 May 2006.
For the Council
The President
K.-H. GRASSER
AGREEMENT
between the European Community and New Zealand on certain aspects of air services
THE EUROPEAN COMMUNITY,
of the one part, and
NEW ZEALAND,
of the other part,
(hereinafter referred to as the Contracting Parties)
NOTING that bilateral air service agreements have been concluded between several Member States of the European Community and New Zealand containing provisions that have been found 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 that Member State and third countries,
HAVING REGARD to the agreements between the European Community and specified 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 provisions of the bilateral air service agreements between Member States of the European Community and New Zealand, which have been found contrary to European Community law, must be brought into full conformity with it in order to establish a sound legal basis for air services between the European Community and New Zealand and to preserve the continuity of such air services,
NOTING that it is not a purpose of the European Community in this Agreement to increase the total volume of air traffic between the European Community and New Zealand, to affect the balance between Community air carriers and air carriers of New Zealand, or to amend 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; ‘Contracting Party’ shall mean a contracting party to this Agreement; ‘party’ shall mean the contracting party to the relevant bilateral air services agreement; ‘air carrier’ shall also mean airline; ‘territory of the European Community’ shall mean territories of the Member States to which the Treaty establishing the European Community applies.
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 prevail over 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 New Zealand, and the refusal, revocation, suspension or limitation of the authorisations or permissions of the air carrier, respectively.
2. The provisions in paragraph 3 and 4 of this Article shall prevail over the corresponding provisions in the Articles listed in Annex II(a) and (b) to this Agreement respectively, in relation to the designation of air carriers by New Zealand, 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 operating authorisations and technical 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 New Zealand:
|
4. Either party may refuse, revoke, suspend or limit the operating authorisation or technical 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 New Zealand:
|
5. In exercising its right under paragraph 4, and without prejudice to its rights under paragraph 4(a)(v) and (vi) of this Article, New Zealand shall not discriminate between air carriers of Member States on the grounds of nationality.
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 New Zealand under the safety provisions of the agreement between the Member State that has designated the air carrier and New Zealand 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 Member States or New Zealand from imposing on a non-discriminatory basis taxes, levies, duties, fees or charges on fuel supplied in their respective territories for use in an aircraft of a designated air carrier of a Member State or New Zealand that operates between two points within the respective territories of the Contracting Parties.
Article 5
Tariffs
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 New Zealand 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. European Community law is applied on a non-discriminatory basis.
3. The tariffs to be charged by the air carriers designated by Member States under an Agreement listed in Annex 1 containing a provision listed in Annex II(e) for carriage wholly within New Zealand shall be subject to New Zealand law. New Zealand law is applied on a non discriminatory basis.
Article 6
Annexes to the Agreement
The Annexes to this Agreement shall form an integral part thereof.
Article 7
Revision or amendment
The Contracting Parties may, at any time, revise or amend this Agreement by mutual consent.
Article 8
Entry into force
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 apply this Agreement provisionally 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 New Zealand 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 Brussels in duplicate, on this twenty-first day of June 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, Slovenian, Spanish, and Swedish languages. In the case of divergence the English text shall prevail over the other language texts.
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
Por Nueva Zelanda
Za Nový Zéland
For New Zealand
Für Neuseeland
Uus-Meremaa nimel
Για τη Νέα Ζηλανδíα
For New Zealand
Pour la Nouvelle-Zélande
Per la Nuova Zelanda
Jaunzēlandes vārdā
Naujosios Zelandijos vardu
Új-Zéland részéről
Għan-New Zealand
Voor Nieuw-Zeeland
W imieniu Nowej Zelandii
Pela Nova Zelândia
Za Nový Zéland
Za Novo Zelandijo
Uuden-Seelannin puolesta
För Nya Zeeland
ANNEX I
List of Agreements referred to in Article 1 of this Agreement
(a) |
Air services agreements between New Zealand 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 services agreements and other arrangements initialled or signed between New Zealand 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 authorisation or permissions:
|
(c) |
Regulatory control:
|
(d) |
Taxation of aviation fuel:
|
(e) |
Tariffs for carriage within the European Community:
|
(*1) Article 2(2) of this Agreement does not apply to these provisions.
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). |