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Document JOL_2006_169_R_0025_01
2006/424/EC: Council Decision of 27 March 2006 on the signing of the Agreement between the European Community and Romania on certain aspects of air services#Agreement between the European Community and Romania on certain aspects of air services
2006/424/EC: Council Decision of 27 March 2006 on the signing of the Agreement between the European Community and Romania on certain aspects of air services
Agreement between the European Community and Romania on certain aspects of air services
2006/424/EC: Council Decision of 27 March 2006 on the signing of the Agreement between the European Community and Romania on certain aspects of air services
Agreement between the European Community and Romania on certain aspects of air services
OJ L 169, 22.6.2006, p. 25–35
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
OJ L 294M, 25.10.2006, p. 235–245
(MT)
22.6.2006 |
EN |
Official Journal of the European Union |
L 169/25 |
COUNCIL DECISION
of 27 March 2006
on the signing of the Agreement between the European Community and Romania on certain aspects of air services
(2006/424/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 Romania 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'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) |
The Agreement should be signed, subject to its conclusion at a later date, |
HAS DECIDED AS FOLLOWS:
Article 1
The signing of the Agreement between the European Community and Romania 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.
Done at Brussels, 27 March 2006.
For the Council
The President
H. GORBACH
AGREEMENT
between the European Community and Romania on certain aspects of air services
THE EUROPEAN COMMUNITY,
of the one part, and
ROMANIA,
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 Romania containing provisions which have been found to be contrary to European Community law,
NOTING that the European Community has exclusive competence under the Treaty establishing the European Community 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 provisions of the bilateral air service agreements between Member States of the European Community and Romania, which have been found to be 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 Romania 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 Romania, to affect the balance between Community air carriers and air carriers of Romania, or to negotiate 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. For the purposes of this Agreement, ‘national’ of a State shall mean any natural or legal person who has the nationality of that State in accordance with the laws of that State.
3. 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.
4. 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.
5. The granting of traffic rights continues to be carried out through bilateral arrangements and shall not be affected by the provisions of this Agreement.
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 Romania, 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, Romania 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 Operator's 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. Romania 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 Operator's 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, Romania shall not discriminate between Community air carriers 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 Romania under the safety provisions of the Agreement between the Member State that has designated the air carrier and Romania 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 Romania 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.
3. Notwithstanding any other provision to the contrary, nothing in each of the Agreements listed in Annex II(d) shall prevent Romania from imposing taxes, levies, duties, fees or charges, on the basis of reciprocity and without discrimination, on fuel supplied in its territory for use in an aircraft of a designated air carrier of a Member State that operates between points on the territory of Romania.
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 Romania 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. The amendments shall enter into force in accordance with Article 8.
Article 8
Entry into force
1. This Agreement shall enter in 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. Agreements and other arrangements between Member States and Romania 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, Slovenian, Spanish, Swedish and Romanian 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
Pentru Comunitatea Europeană
Por Rumanía
Za Rumunsko
For Rumænien
Für Rumänien
Rumeenia nimel
Για τη Ρουμανία
For Romania
Pour la Roumanie
Per la Romania
Rumānijas vārdā
Rumunijos vardu
Románia részéről
Għar-Rumanija
Voor Roemenië
W imieniu Rumunii
Pela Roménia
Za Rumunsko
Za Romunijo
Romanian puolesta
För Rumänien
Pentru România
ANNEX I
List of Agreements referred to in Article 1 of this Agreement
(a) |
Air service Agreements between Romania 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 Romania 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). |