This document is an excerpt from the EUR-Lex website
Document 22021A1012(01)
Agreement between the European Union and the Republic of Korea on certain aspects of air services
Agreement between the European Union and the Republic of Korea on certain aspects of air services
Agreement between the European Union and the Republic of Korea on certain aspects of air services
ST/15082/2019/INIT
OJ L 363, 12.10.2021, p. 3–14
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
ELI: http://data.europa.eu/eli/agree_internation/2021/1790/oj
|
12.10.2021 |
EN |
Official Journal of the European Union |
L 363/3 |
AGREEMENT
between the European Union and the Republic of Korea on certain aspects of air services
THE EUROPEAN UNION,
of the one part, and
THE REPUBLIC OF KOREA,
of the other part,
hereinafter jointly referred to as "the Contracting Parties",
NOTING that the Court of Justice of the European Union has found that certain provisions of bilateral air services agreements entered into by several Member States of the European Union with third countries are incompatible with the law of the European Union,
NOTING that a number of bilateral air services agreements have been concluded between several Member States of the European Union and the Republic of Korea containing similar provisions and that there is an obligation for Member States of the European Union to take all appropriate steps to eliminate incompatibilities between such agreements and the EU Treaties,
NOTING that the European Union has exclusive competence with respect to a number of aspects that may be included in bilateral air services agreements between the Member States of the European Union and third countries,
NOTING that, under the law of the European Union, European Union air carriers established in a Member State of the European Union have the right to non-discriminatory access to air routes between the Member States of the European Union and third countries,
HAVING REGARD to the agreements between the European Union 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 the law of the European Union,
RECOGNISING that consistency between the law of the European Union and provisions of the bilateral air service agreements between Member States of the European Union and the Republic of Korea will provide a sound legal basis for air services between the European Union and the Republic of Korea and preserve the continuity of such air services,
NOTING that provisions of the bilateral air services agreements between Member States of the European Union and the Republic of Korea which are not inconsistent with the law of the European Union do not need to be amended or replaced,
NOTING that amendments to the bilateral air services agreements between Member States of the European Union and the Republic of Korea would confirm the excellent relationship between the European Union and the Republic of Korea in the field of air transport, and
NOTING that it is not a purpose of the European Union in this Agreement to increase the total volume of air traffic between the European Union and the Republic of Korea, to affect the balance between European Union air carriers and air carriers of the Republic of Korea, or to prevail over the interpretation of 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:
|
(a) |
"Member States" means Member States of the European Union; |
|
(b) |
"EU Treaties" means the Treaty on European Union and the Treaty on the Functioning of the European Union; |
|
(c) |
"Contracting Party" means a contracting party to this Agreement; |
|
(d) |
"party" means the contracting party to the relevant bilateral air services agreement; |
|
(e) |
"air carrier" also means airline. |
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 Union.
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. 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, the authorisations and permissions granted to it by the Republic of Korea, and the refusal, revocation, suspension or limitation of such authorisations or permissions, respectively.
2. 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 Republic of Korea, the authorisations and permissions granted to it by the Member State concerned, and the refusal, revocation, suspension or limitation of such authorisations or permissions of the air carrier, respectively.
3. On receipt of a designation as referred to in paragraphs 1 and 2 of this Article, and of applications from the designated air carrier(s), in the form and manner prescribed for operating authorisations and technical permissions, each party shall, subject to paragraphs 4 and 5 of this Article, 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 Republic of Korea:
|
|
(c) |
the designated airline fulfils the conditions prescribed under the laws and regulations normally applied to the operation of international air services by the party considering the application or applications. |
4. Either party may refuse, revoke, suspend or limit the operating authorisations 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 the Republic of Korea:
|
|
(c) |
the designated airline fails to fulfil the conditions prescribed under the laws and regulations normally applied to the operation of international air services by the party granting those rights. |
5. In exercising its rights under paragraph 4 of this Article, and without prejudice to its rights under paragraph 4(a)(v) and (vi) of this Article, the Republic of Korea shall not discriminate between air carriers of Member States on the grounds of nationality.
Article 3
Rights with regard to regulatory control
1. Paragraph 2 of this Article shall complement the corresponding provisions in the articles listed in Annex II(c).
2. Where a Member State (the "first Member State") has designated an air carrier whose regulatory control is exercised and maintained by a second Member State, the rights of the Republic of Korea under the safety provisions of the agreement between the first Member State and the Republic of Korea shall apply equally in respect of the adoption, exercise or maintenance of safety standards by that second Member State and in respect of the operating authorisation of that air carrier.
Article 4
Taxation of aviation fuel
1. 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 provisions 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 Republic of Korea 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
Compatibility with competition rules
1. Notwithstanding any other provision to the contrary, nothing in each of the agreements listed in Annex I shall:
|
(a) |
favour the adoption of agreements between undertakings, decisions by associations of undertakings or concerted practices that prevent, distort or restrict competition; |
|
(b) |
reinforce the effects of an agreement, decision or concerted practice as referred to in subparagraph (a); or |
|
(c) |
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 6
Annexes to the Agreement
The Annexes to this Agreement shall form an integral part hereof.
Article 7
Revision or amendment
The Contracting Parties may, at any time, revise or amend this Agreement by mutual written consent.
Article 8
Entry into force
1. This Agreement shall enter into force on the first day of the month following the later date on which the Contracting Parties have notified each other in writing that their respective internal procedures necessary for its entry into force have been completed.
2. Agreements and other arrangements between Member States and the Republic of Korea 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.
Article 9
Termination
1. In the event that an agreement listed in Annex I is terminated, all provisions of this Agreement that relate to that agreement shall terminate at the same time.
2. In the event that all agreements listed in Annex I are terminated, this Agreement shall terminate on the date of the termination of the last of those agreements.
IN WITNESS WHEREOF, the undersigned, being duly authorised, have signed this Agreement.
Done at Brussels, in duplicate, on 25 June 2020, in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Korean languages, all texts being equally authentic.
ANNEX I
LIST OF AGREEMENTS REFERRED TO IN ARTICLE 1 OF THIS AGREEMENT
|
(a) |
Air services agreements between the Republic of Korea and Member States of the European Union, as they may have been amended, modified or supplemented, which, at the date of the signature of this Agreement, have been signed and entered into force:
|
|
(b) |
Air services agreements and other arrangements initialled or signed between the Republic of Korea and Member States of the European Union, as they may have been amended, modified or supplemented, which, at the date of signature of this Agreement, have not yet entered into force:
|
ANNEX II
LIST OF ARTICLES IN THE AGREEMENTS LISTED IN ANNEX I AND REFERRED TO IN ARTICLES 2 TO 4 OF THIS AGREEMENT
|
(a) |
Designation:
|
|
(b) |
Refusal, revocation, suspension or limitation of authorisations or permissions:
|
|
(c) |
Regulatory control:
|
|
(d) |
Taxation of aviation fuel:
|
ANNEX III
LIST OF OTHER STATES REFERRED TO IN ARTICLE 2 OF THIS AGREEMENT
|
(a) |
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). |