This document is an excerpt from the EUR-Lex website
Document 32011D0094
2011/94/EU: Council Decision of 25 May 2010 on the signing of the Agreement on certain aspects of air services between the European Union and the United Mexican States
2011/94/EU: Council Decision of 25 May 2010 on the signing of the Agreement on certain aspects of air services between the European Union and the United Mexican States
2011/94/EU: Council Decision of 25 May 2010 on the signing of the Agreement on certain aspects of air services between the European Union and the United Mexican States
OJ L 38, 12.2.2011, p. 33–33
(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/2011/94(1)/oj
12.2.2011 |
EN |
Official Journal of the European Union |
L 38/33 |
COUNCIL DECISION
of 25 May 2010
on the signing of the Agreement on certain aspects of air services between the European Union and the United Mexican States
(2011/94/EU)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2) in conjunction with Article 218(5) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) |
By its Decision of 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 an agreement at Union level. |
(2) |
On behalf of the Union, the Commission has negotiated an Agreement on certain aspects of air services (hereinafter ‘the Agreement’) with the United Mexican States in accordance with the mechanisms and directives in the Annex to the Council Decision of 5 June 2003. |
(3) |
The Agreement negotiated by the Commission should be signed, subject to its conclusion at a later date, |
HAS ADOPTED THIS DECISION:
Article 1
The signing of the Agreement on certain aspects of air services between the European Union and the United Mexican States is hereby approved on behalf of the Union, subject to the conclusion of the 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 Union subject to its conclusion.
Article 3
This Decision shall enter into force on the date of its adoption.
Article 4
This Decision shall be published in the Official Journal of the European Union.
Done at Brussels, 25 May 2010.
For the Council
The President
M. SEBASTIÁN
AGREEMENT
on certain aspects of air services between the European Union and the United Mexican States
THE EUROPEAN UNION,
of the one part, and
THE UNITED MEXICAN STATES,
of the other part,
(hereinafter referred to as ‘the Parties’), in conformity with their respective competences;
HAVING REGARD TO the provisions of the bilateral air service agreements between various Member States of the European Union and the United Mexican States,
NOTING that on 5 June 2003, the Member States of the European Union authorised the European Commission to amend certain provisions of their bilateral air service agreements in an agreement between the European Union and third countries,
NOTING that the European Union has exclusive competence with respect to several aspects that may be included in bilateral air service agreements which Member States of the European Union enter into or have entered into with third countries,
RECOGNISING the importance of updating the relationship between Member States of the European Union and the United Mexican States as regards air services, so as to provide a solid legal basis for air services between the European Union and the United Mexican States and to ensure the continuity of such air services,
UNDERLINING their interest in promoting free competition in the field of air services, and avoiding airlines entering into agreements the purpose of which is to hinder, restrict or distort competition,
NOTING that it is not the purpose of the European Union to affect the balance between European Union air carriers and air carriers of the United Mexican States, nor to amend the provisions of existing bilateral air service agreements concerning traffic rights,
HAVE AGREED AS FOLLOWS:
Article 1
General provisions
1. References to nationals of a Member State of the European Union that is a Party to any of the bilateral agreements listed in Annex I shall be understood as references to nationals of the Member States of the European Union.
2. References to air carriers from a Member State of the European Union that is a Party to each of the bilateral agreements listed in Annex I shall be understood as references to air carriers designated by that Member State of the European Union.
3. This Agreement modifies certain provisions of existing bilateral air service agreements listed in Annex I, without affecting existing traffic rights.
Article 2
Designation by a Member State of the European Union
1. The provisions of paragraphs 2 and 3 of this Article shall supersede the corresponding provisions of the Articles listed in points (a) and (b) respectively of Annex II, as regards the designation of an air carrier by a Member State of the European Union, the authorisations and permissions granted by the United Mexican States, and the refusal, revocation, suspension or limitation of the authorisations or permissions of the air carrier, respectively.
2. Upon receipt of a designation by a Member State of the European Union, the United Mexican States shall grant the relevant authorisations and permissions without delay, provided that:
(a) |
the air carrier is established in the territory of the designating Member State of the European Union under the Treaty on the European Union and the Treaty on the Functioning of the European Union and has a valid operating licence in accordance with the law of the European Union; and |
(b) |
effective regulatory control of the air carrier is exercised and maintained by the Member State of the European Union responsible for issuing its Air Operator’s Certificate and the relevant aeronautical authority is clearly identified in the designation; and |
(c) |
the air carrier is owned, directly or through majority ownership, and is effectively controlled by Member States of the European Union or nationals of such countries or by the countries listed in Annex III or nationals of those other countries. |
3. The United Mexican States may refuse, revoke, suspend or limit the authorisations or permissions granted to an air carrier designated by a Member State of the European Union where one of the conditions mentioned in paragraph 2 is not met.
In exercising the rights under this paragraph, the United Mexican States shall not discriminate between air carriers from the European Union on the grounds of nationality.
Article 3
Safety
1. The provisions of paragraph 2 of this Article shall complement the Articles listed in Annex II, point (c).
2. Where a Member State of the European Union has designated an air carrier whose regulatory control is exercised and maintained by another Member State of the European Union, the rights of the United Mexican States under the safety provisions of the agreement between the Member State of the European Union that has designated the air carrier and the United Mexican States shall apply equally in respect of the adoption, exercise and maintenance of safety standards by that other Member State of the European Union and in respect of the operating authorisation for that air carrier.
Article 4
Compatibility with competition rules
1. None of the bilateral agreements between the United Mexican States and Member States of the European Union may:
(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 any such agreement, decision or concerted practice; or |
(c) |
delegate to private economic operators the responsibility for taking measures that prevent, distort or restrict competition. |
2. Any provisions contained in the bilateral agreements listed in Annex I that are incompatible with paragraph 1 shall not apply.
Article 5
Annexes to the Agreement
The Annexes to this Agreement shall form an integral part thereof.
Article 6
Revision and amendment
The Parties may, at any time, revise or amend this Agreement by mutual consent, in writing. Those modifications shall enter into force in accordance with the procedure set out in Article 7(1) of this Agreement.
Article 7
Entry into force
1. This Agreement shall enter into force thirty (30) days after the date of the last note with which the Parties provide written notification, via diplomatic channels, that their respective internal procedures necessary for that effect have been concluded.
2. This Agreement shall apply to the bilateral agreements listed in Annex I, point (b) once the latter have entered into force.
3. This Agreement shall prevail in the event of a difference between the provisions of this Agreement and the bilateral agreements listed in Annex I.
Article 8
Termination
1. In the event of the termination of any of the bilateral agreements listed in Annex I, all provisions of this Agreement relating to the said agreement shall terminate simultaneously.
2. In the event of the termination of all of the bilateral agreements listed in Annex I, this Agreement shall terminate at the same time as the last of those agreements.
IN WITNESS WHEREOF the undersigned, being duly authorised thereto, have signed this Agreement.
DONE in duplicate at Brussels, on the fifteenth day of December in the year two thousand and ten, in the Bulgarian, Spanish, Czech, Danish, German, Estonian, Greek, English, French, Italian, Latvian, Lithuanian, Hungarian, Maltese, Dutch, Polish, Portuguese, Romanian, Slovak, Slovenian, Finnish and Swedish languages, each text being authentic. In the case of divergence, the Spanish text shall take precedence.
За Европейския съюз
Por la Unión Europea
Za Evropskou unii
For Den Europæiske Union
Für die Europäische Union
Euroopa Liidu nimel
Για την Ευρωπαϊκή Ένωση
For the European Union
Pour l'Union européenne
Per l'Unione europea
Eiropas Savienības vārdā –
Europos Sąjungos vardu
Az Európai Unió részéről
Għall-Unjoni Ewropea
Voor de Europese Unie
W imieniu Unii Europejskiej
Pela União Europeia
Pentru Uniunea Europeană
Za Európsku úniu
Za Evropsko unijo
Euroopan unionin puolesta
För Europeiska unionen
За Съединените мексикански щати
Por los Estados Unidos Mexicanos
Za Spojené státy mexické
For De Forenede Mexicanske Stater
Für die Vereinigten Mexikanischen Staaten
Mehhiko Ühendriikide nimel
Για τις Ηνωμένες Πολιτείες του Μεξικού
For the United Mexican States
Pour les Etats-Unis mexicains
Per gli Stati Uniti messicani
Meksikas Savienoto Valstu vārdā –
Meksikos Jungtinių Valstijų vardu
A Mexikói Egyesült Államok részéről
Għall-Istati Uniti Messikani
Voor de Verenigde Mexicaanse Staten
W imieniu Meksykańskich Stanów Zjednoczonych
Pelos Estados Unidos Mexicanos
Pentru Statele Unite Mexicane
Za Spojené štáty mexické
Za Združene države mehike
Meksikon yhdysvaltojen puolesta
För Mexikos förenta stater
ANNEX I
LIST OF BILATERAL AGREEMENTS REFERRED TO IN ARTICLE 1 OF THIS AGREEMENT
(a) |
Air service agreements between the United Mexican States and Member States of the European Union which, at the date of signature of this Agreement, have been concluded and/or signed:
|
(b) |
Air service agreements between the United Mexican States and Member States of the European Union 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 AND 3 OF THIS AGREEMENT
(a) |
Designation by a Member State:
|
(b) |
Refusal, revocation, suspension or limitation of authorisations or permissions:
|
(c) |
Safety:
|
ANNEX III
LIST OF OTHER COUNTRIES 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). |