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Document 32006D0345
2006/345/EC: Council Decision of 27 March 2006 on the signing and provisional application of the Agreement between the European Community and the Republic of Moldova on certain aspects of air services
2006/345/EC: Council Decision of 27 March 2006 on the signing and provisional application of the Agreement between the European Community and the Republic of Moldova on certain aspects of air services
2006/345/EC: Council Decision of 27 March 2006 on the signing and provisional application of the Agreement between the European Community and the Republic of Moldova on certain aspects of air services
IO L 126, 13.5.2006, p. 23–23
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV) Foilsíodh an doiciméad seo in eagrán speisialta
(BG, RO, HR)
IO L 294M, 25.10.2006, p. 72–72
(MT)
In force
ELI: http://data.europa.eu/eli/dec/2006/345/oj
13.5.2006 |
EN |
Official Journal of the European Union |
L 126/23 |
COUNCIL DECISION
of 27 March 2006
on the signing and provisional application of the Agreement between the European Community and the Republic of Moldova on certain aspects of air services
(2006/345/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 the Republic of Moldova 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) |
Subject to its conclusion at a later date, the Agreement should be signed and provisionally applied, |
HAS DECIDED AS FOLLOWS:
Article 1
The signing of the Agreement between the European Community and the Republic of Moldova 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, 27 March 2006.
For the Council
The President
H. GORBACH
AGREEMENT
between the European Community and the Republic of Moldova on certain aspects of air services
THE EUROPEAN COMMUNITY,
of the one part, and
THE REPUBLIC OF MOLDOVA, (hereinafter referred to as Moldova)
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 Moldova containing provisions contrary to European 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 provisions of the bilateral air service agreements between Member States of the European Community and Moldova, 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 Moldova 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 Moldova, to affect the balance between Community air carriers and air carriers of Moldova, 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, definitions are listed in Annex IV.
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 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 Moldova, 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, Moldova 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, directly or through majority ownership, and it is effectively controlled 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. |
3. Moldova 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, directly or through majority ownership, or it is not effectively controlled 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, Moldova shall not discriminate between Community air carriers on the grounds of nationality.
Article 3
Safety
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 Moldova under the safety provisions of the Agreement between the Member State that has designated the air carrier and Moldova 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 Moldova 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 articles listed in Annex II(e).
2. The tariffs to be charged by the air carrier(s) designated by Moldova 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.
Article 8
Entry into force and provisional application
1. This Agreement shall enter in force on the date of the receipt of the latest written notification of the Parties on the completion of their internal procedures necessary for the entry into force of this Agreement.
2. Pending its entry into force in accordance with paragraph 1, the Parties shall 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 necessary internal procedures to that effect.
3. Agreements and other arrangements between Member States and Moldova 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 Luxembourg in two original copies, on this eleventh day of April 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 Moldavian languages.
Por Ia 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 Europeanā
Por la República de Moldavia
Za Moldavskou republiku
For Republikken Moldova
Für die Republik Moldau
Moldova Vabariigi nimel
Για τη Δημοκρατία της Μολδαβίας
For the Republic of Moldova
Pour la République de Moldavie
Per Ia Repubblica moldova
Moldovas Republikas vārdā
Moldovos Respublikos vardu
A Moldovai Köztársaság részéről
Għar-Repubblika tal-Moldovja
Voor de Republiek Moldavië
W imieniu Republiki Mołdowy
Pela República da Moldávia
Za Moldavskú republiku
Za Republiko Moldavijo
Moldovan tasavallan puolesta
För Republiken Moldavien
Pentru Republica Moldova
ANNEX I
List of agreements referred to in Article 1 of this Agreement
(a) |
Air service agreements between Republic of Moldova 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 Moldova 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) |
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). |
ANNEX IV
Definitions
The expression ‘Member State’ means any Member State of the European Community.
The expression ‘Establishment of a Community air carrier (airline) on the territory of a Member State’ implies the effective and real exercise of air transport activity through stable arrangements. The legal form of such an establishment should not be the determining factor in this respect, whether it is a branch or a subsidiary with legal personality. When an undertaking is established on the territory of several Member States, as defined by the Treaty, it should ensure, in order to avoid any circumvention of national law, that each of the establishments fulfils the obligations which may, in accordance with Community law, be imposed by the national law applicable to its activities (1).
The expression ‘Operating licence’ means an authorisation granted by the Member State responsible to an undertaking, permitting it to carry out carriage by air of passengers, mail and/or cargo, as stated in the operating licence, for remuneration and/or hire.
The expression ‘Air operator's certificate’ means a document issued to an undertaking or a group of undertakings by the competent authorities which affirms that the operator in question has the professional ability and organisation to secure the safe operation of aircraft for the aviation activities specified in the certificate.
Evidence of ‘effective regulatory control’ is predicated upon but is not limited to: the air carrier holds a valid Operating Licence issued by the competent authorities, and meets the criteria for the operation of international air services established by the competent authorities, such as proof of financial fitness, ability to meet, where relevant, public interest requirement, obligations for assurance of service etc., and the licensing Member State has and maintains aviation safety and security oversight programmes in compliance with standards of the International Civil Aviation Organisation at least.
(1) Regulation (EC) No 847/2004 of the European Parliament and of the Council of 29 April 2004 on the negotiation and implementation of air service agreements between Member States and third countries (OJ L 157, 30.4.2004, p. 7). Corrected version in OJ L 195, 2.6.2004, p. 3.