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Document 32010D0144
Council Decision of 30 March 2009 on the signing and provisional application of the Agreement between the European Community and the West African Economic and Monetary Union on certain aspects of air services
Council Decision of 30 March 2009 on the signing and provisional application of the Agreement between the European Community and the West African Economic and Monetary Union on certain aspects of air services
Council Decision of 30 March 2009 on the signing and provisional application of the Agreement between the European Community and the West African Economic and Monetary Union on certain aspects of air services
SL L 56, 6.3.2010, p. 15–15
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
ELI: http://data.europa.eu/eli/dec/2010/144/oj
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6.3.2010 |
EN |
Official Journal of the European Union |
L 56/15 |
COUNCIL DECISION
of 30 March 2009
on the signing and provisional application of the Agreement between the European Community and the West African Economic and Monetary Union on certain aspects of air services
(2010/144/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:
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(1) |
On 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 a Community agreement. |
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(2) |
On behalf of the Community, the Commission has negotiated an Agreement with the West African Economic and Monetary Union on certain aspects of air services 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. |
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(3) |
Subject to its possible conclusion at a later date, the Agreement should be signed and provisionally applied, |
HAS DECIDED AS FOLLOWS:
Article 1
The signature of the Agreement between the European Community and the West African Economic and Monetary Union on certain aspects of air services is hereby approved on behalf of the Community, subject to its conclusion at a later date.
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 at a later date.
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 for in Article 9(2) of the Agreement.
Done at Brussels, 30 March 2009.
For the Council
The President
P. BENDL
AGREEMENT
between the European Community and the West African Economic and Monetary Union on certain aspects of air services
THE EUROPEAN COMMUNITY
of the one part, and
THE WEST AFRICAN ECONOMIC AND MONETARY UNION
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 of the West African Economic and Monetary Union (WAEM), respectively which contain provisions contrary to Community law, as noted in the decisions of the Court of Justice of the European Communities in November 2002,
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 and WAEMU 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 certain provisions governing designation contained in the bilateral air service agreements between Member States of the European Community and of the WAEMU respectively, which are contrary to Community law, must be brought into line with it in order to establish a sound legal basis for air services between the European Community and the WAEMU and to preserve the continuity of such services,
NOTING that under European Community law and WAEMU law air carriers may not, in principle, conclude agreements which may affect trade between Member States of the European Community and WAEMU respectively, which have as their object or effect the prevention, restriction or distortion of competition,
RECOGNISING that provisions contained in bilateral air service agreements concluded between Member States of the European Community and of the WAEMU respectively, which:
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(i) |
require or favour the adoption of agreements between undertakings, decisions by associations of undertakings or concerted practices that prevent, distort or restrict competition between air carriers on the relevant routes; or |
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(ii) |
reinforce the effects of any such agreement, decision or concerted practice; or |
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(iii) |
delegate to air carriers or other private economic operators the responsibility for taking measures that prevent, distort or restrict competition between air carriers on the relevant routes, |
may render ineffective the application of the competition rules applicable to undertakings,
NOTING that it is not an aim of the Parties, as part of these negotiations, to increase the total volume of air traffic between the European Community and the WAEMU, to affect the balance between Community air carriers and air carriers of the WAEMU, or to negotiate amendments to the provisions of existing bilateral air service agreements concerning traffic rights,
NOTING that air links between the Member States of WAEMU and those of the European Community represent more than 80 % of their international air routes, links which have been traditionally governed by bilateral air agreements,
WHEREAS Decision No 08/2002/CM/WAEMU of 27 June 2002 adopted the Joint Air Transport Programme of the Member States and WAEMU,
WHEREAS Directive No 08/2006/CM/WAEMU of 16 December 2006, granted the Commission of the WAEMU, assisted by the representatives of the Member States of WAEMU, a mandate to open and lead negotiations with the European Commission with a view to introducing a Community designation clause in air agreements between Member States of the European Community and Member States of the WAEMU,
NOTING the European Commission’s proposal to use the opportunity offered to it under European legislation and the provisions of the West African Economic and Monetary Union Treaty to carry out group-with-group negotiations on the introduction of a Community designation clause into air agreements signed between Member States of the WAEMU and those of the European Community,
HAVE AGREED ON THE FOLLOWING PROVISIONS:
Article 1
General provisions
1. For the purposes of this Agreement, the terms and expressions below shall mean the following:
(i) WAEMU: West African Economic and Monetary Union;
(ii) EC: European Community.
2. For the purposes of this Agreement, ‘EC Member States’ shall mean the Member States of the European Community, ‘WAEMU Member States’ shall mean the Member States of the West African Economic and Monetary Union and ‘African States’ shall mean the Member States of the African Union and Morocco, respectively.
3. In each of the bilateral agreements listed in Part A of the Annexes to this Agreement, the references made to nationals of the EC Member State and nationals of the WAEMU Member State shall be understood to mean nationals of the EC Member States or WAEMU Member States.
4. In each of the bilateral agreements listed in Part A of the Annexes to this Agreement, the references made to carriers or airlines of the EC Member State and of the WAEMU Member State which are parties to this Agreement shall be understood to be references to carriers or airlines designated by these States.
Article 2
Designation and authorisation
1. The provisions set out in paragraph 2 of this Article shall supersede the corresponding provisions in the articles listed in point (a) of Part B of the Annexes to this Agreement, in relation to the designation of an air carrier, and the licences and permits granted to it.
2. On receipt of a designation by a Member State of one of the Parties, the State of the other Party shall grant the appropriate licences and permits with minimum procedural delay, provided that:
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(a) |
in the case of an air carrier designated by an EC Member State:
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(b) |
in the case of an air carrier designated by a WAEMU Member State:
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Article 3
Refusal, revocation, suspension or limitation
1. The provisions set out in paragraph 2 of this Article shall supersede the corresponding provisions in the articles listed in point (b) of Part B of the Annexes to this Agreement, in relation to the refusal, revocation, suspension or limitation of the licences or permits of an air carrier.
2. Each Member State may refuse, revoke, suspend or limit the licences or permits of an air carrier designated by a Member State of the other Party where one of the following conditions is fulfilled:
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(a) |
in the case of an air carrier designated by an EC Member State:
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(b) |
in the case of an air carrier designated by a WAEMU Member State:
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3. In exercising its rights under this Article, the Member State concerned shall not discriminate between air carriers of the other Party on grounds of nationality.
Article 4
Rights with regard to effective regulatory control
1. The provisions set out in paragraphs 2 and 3 of this Article shall complement the Articles listed in point (c) of Part B of the Annexes to this Agreement.
2. Where an EC Member State has designated an air carrier whose effective regulatory control is exercised and maintained by another EC Member State, the rights of the WAEMU Member State concerned under the safety provisions of the agreement between the EC Member State that has designated the air carrier and the WAEMU Member State shall apply equally in respect of the adoption, exercise or maintenance of safety standards by that other EC Member State and in respect of the operating licence of that air carrier.
3. Where a WAEMU Member State has designated an air carrier whose effective regulatory control is exercised and maintained by another WAEMU Member State, the rights of the EC Member State concerned under the safety provisions of the agreement between the WAEMU Member State that has designated the air carrier and the EC Member State concerned shall apply equally in respect of the adoption, exercise or maintenance of safety standards by that other WAEMU Member State and in respect of the Operating Licence of that air carrier.
4. For the purposes of this Agreement, the Parties agree that effective regulatory control implies at the very least that the Member State which has issued the Operating Licence or approval effectively and continuously maintains the aviation safety and security monitoring programmes by, as a minimum, applying the International Civil Aviation Organization (ICAO) standards, and ensures that the air carrier meets the criteria established by the competent authorities for the operation of international air services and operates in accordance with all applicable ICAO standards.
Article 5
Taxation of aviation fuel
1. The provisions set out in paragraphs 2 and 3 of this Article shall complement the corresponding provisions in point (d) of Part B of the Annexes to this Agreement.
2. Notwithstanding any other provision to the contrary, nothing in each of the bilateral agreements listed in point (d) of Part B of the Annexes to this Agreement shall prevent an EC 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 a WAEMU Member State that operates between a point in the territory of that EC Member State and a point in the territory of another EC Member State.
3. Notwithstanding any other provision to the contrary, nothing in each of the bilateral agreements listed in point (d) of Part B of the Annexes to this Agreement shall prevent a WAEMU 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 an EC Member State that operates between a point in the territory of that WAEMU Member State and a point in the territory of another WAEMU Member State.
4. If a plan is drawn up to introduce a fuel tax in accordance with this Article, the Parties agree to meet without delay to discuss the matter.
Article 6
Compatibility with competition rules
1. Notwithstanding any other provision to the contrary, nothing in each of the bilateral agreements listed in Part A of the Annexes to this Agreement shall:
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(i) |
favour the adoption of agreements between undertakings, decisions by associations of undertakings or concerted practices that prevent, distort or restrict competition; |
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(ii) |
reinforce the effects of any such agreement, decision or concerted practice; or |
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(iii) |
delegate to private economic operators the responsibility for taking measures that prevent, distort or restrict competition. |
2. The provisions contained in the bilateral agreements listed in Part A of the Annexes to this Agreement that are incompatible with paragraph 1 of this Article shall not be applied.
Article 7
Annexes to the Agreement
The Annexes attached to the Agreement shall form an integral part of this Agreement.
Article 8
Amendment
1. Either of the Parties may, at any time, request consultations with the other Party for the purposes of amending this Agreement. These consultations shall begin within sixty (60) days from the date of receipt of the request.
2. Any amendments made in this way shall enter into force when the Parties have notified each other in writing that their respective internal procedures necessary for their entry into force have been completed.
Article 9
Entry into force and provisional application
1. This Agreement will enter into force on the date of receipt of the last of the two notifications sent by the Parties to inform each other in writing that their respective internal procedures necessary for its entry into force have been completed.
2. Notwithstanding paragraph 1, the Parties agree to provisionally 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 procedures.
3. The bilateral agreements and other arrangements between EC Member States and WAEMU Member States which, at the date of signature of this Agreement, have not yet entered into force and are not being applied provisionally are listed in Part A of the Annexes to this Agreement. This Agreement shall apply to all such bilateral agreements and arrangements upon their entry into force or provisional application.
Article 10
Termination
1. In the event that one of the bilateral agreements listed in Part A of the Annexes to this Agreement 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 the bilateral agreements listed in Part A of the Annexes to this Agreement are terminated, this Agreement shall terminate at the same time.
IN WITNESS WHEREOF the undersigned, being duly authorised, have signed this Agreement.
Done in duplicate at Brussels, this thirtieth day of November 2009 in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovene, Spanish and Swedish languages, all texts being authentic. In case of divergent interpretation, the French text shall prevail.
За Европейската общност
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
Pentru Comunitatea Europeană
Za Európske spoločenstvo
za Evropsko skupnost
Euroopan yhteisön puolesta
För Europeiska gemenskapen
За Западноафриканския икономически и валутен съюз
Por la Unión Económica y Monetaria del África Occidental
Za Západoafrickou hospodářskou a měnovou unii
For den Vestafrikanske Økonomiske og Monetære Union
Für die Westafrikanische Wirtschafts- und Währungsunion
Lääne-Aafrika majandus- ja rahaliidu nimel
Για τη Δυτικοαφρικανική Οικονομική και Νομισματική Ένωση
For the West African Economic and Monetary Union
Pour l'Union économique et monétaire Ouest-africaine
Per l'Unione economica e monetaria dell'Africa occidentale
Rietumāfrikas Ekonomiskās un monetārās savienības vārdā
Vakarų Afrikos Ekonominės ir pinigų sajungos vardu
A Nyugat-afrikai Gazdasági és Monetáris Unió részéről
Għall-Unjoni Ekonomika u Monetarja tal-Afrika tal-Punent
Voor de West-Afrikaanse Economische en Montaire Unie
W imieniu Unii Gospodarczej i Walutowej Afryki Zachodniej
Pela União Económica e Monetária da África Ocidental
Pentru Uniunea Economică și Monetară a Africii de Vest
Za Západoafrickú hospodársku a menovú úniu
Za Ekonomsko in monetarno unijo Zahodne Afrike
Länsi-Afrikan talous- ja rahaliiton puolesta
För Västafrikanska ekonomiska och monetära unionen
ANNEX I
BENIN
PART A
List of agreements referred to in Article 1 of this Agreement
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(a) |
Bilateral air service agreements between the People’s Republic of Benin 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:
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(b) |
Air service agreements and other arrangements initialled or signed between the People’s Republic of Benin 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:
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PART B
List of articles in the agreements listed in Part A and referred to in Articles 2 to 5 of this Agreement
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(a) |
Designation by a Member State
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(b) |
Refusal, revocation, suspension or limitation of licences and permits
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(c) |
Regulatory control
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(d) |
Taxation of aviation fuel
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ANNEX II
BURKINA FASO
PART A
List of agreements referred to in Article 1 of this Agreement
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(a) |
Bilateral air service agreements between Burkina Faso 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:
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(b) |
Air service agreements and other arrangements initialled or signed between Burkina Faso 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. |
PART B
List of articles in the agreements listed in Annex I and referred to in Part A and in Articles 2 to 5 of this Agreement
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(a) |
Designation by a Member State
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(b) |
Refusal, revocation, suspension or limitation of licences or permits
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(c) |
Regulatory control
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(d) |
Taxation of aviation fuel
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ANNEX III
GUINEA-BISSAU
PART A
List of agreements referred to in Article 1 of this Agreement
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(a) |
Bilateral air service agreements between the Republic of Guinea-Bissau 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:
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(b) |
Air service agreements and other arrangements initialled or signed between the Republic of Guinea-Bissau 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. |
PART B
List of articles in the agreements listed in Part A and referred to in Articles 2 to 5 of this Agreement
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(a) |
Designation by a Member State Article 3 of the Guinea-Bissau-Portugal Agreement |
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(b) |
Refusal, revocation, suspension or limitation of licences or permits Article 4 of the Guinea-Bissau-Portugal Agreement |
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(c) |
Regulatory control Article 15 of the Guinea-Bissau-Portugal Agreement |
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(d) |
Taxation of aviation fuel Article 6 of the Guinea-Bissau-Portugal Agreement |
ANNEX IV
IVORY COAST
PART A
List of agreements referred to in Article 1 of this Agreement
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(a) |
Bilateral air service agreements between the Republic of the Ivory Coast 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:
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(b) |
Air service agreements and other arrangements initialled or signed between the Republic of the Ivory Coast 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:
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PART B
List of articles in the agreements listed in Part A and referred to in Articles 2 to 5 of this Agreement
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(a) |
Designation by a Member State
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(b) |
Refusal, revocation, suspension or limitation of licences or permits
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(c) |
Regulatory control
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(d) |
Taxation of aviation fuel
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ANNEX V
MALI
PART A
List of agreements referred to in Article 1 of this Agreement
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(a) |
Bilateral air service agreements between the Republic of Mali 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:
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(b) |
Air service agreements and other arrangements initialled or signed between the Republic of Mali 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. |
PART B
List of articles in the agreements listed in Part A and referred to in Articles 2 to 5 of this Agreement
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(a) |
Designation by a Member State
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(b) |
Refusal, revocation, suspension or limitation of licences or permits
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(c) |
Regulatory control
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(d) |
Taxation of aviation fuel
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ANNEX VI
NIGER
PART A
List of agreements referred to in Article 1 of this Agreement
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(a) |
Bilateral air service agreements between the Republic of Niger 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:
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(b) |
Air service agreements and other arrangements initialled or signed between the Republic of Niger 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. |
PART B
List of articles in the agreements listed in Part A and referred to in Articles 2 to 5 of this Agreement
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(a) |
Designation by a Member State
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(b) |
Refusal, revocation, suspension or limitation of licences or permits
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(c) |
Regulatory control
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(d) |
Taxation of aviation fuel
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ANNEX VII
SENEGAL
PART A
List of agreements referred to in Article 1 of this Agreement
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(a) |
Bilateral air service agreements between the Republic of Senegal 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:
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(b) |
Air service agreements and other arrangements initialled or signed between the Republic of Senegal 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:
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PART B
List of articles in the agreements listed in Annex I and referred to in Articles 2 to 5 of this Agreement
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(a) |
Designation by a Member State
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(b) |
Refusal, revocation, suspension or limitation of licences or permits
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(c) |
Regulatory control
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(d) |
Taxation of aviation fuel
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ANNEX VIII
TOGO
PART A
List of agreements referred to in Article 1 of this Agreement
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(a) |
Bilateral air service agreements between the Republic of Togo 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:
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(b) |
Air service agreements and other arrangements initialled or signed between the Republic of Togo 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:
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PART B
List of articles in the agreements listed in Part A and referred to in Articles 2 to 5 of this Agreement
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(a) |
Designation by a Member State
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(b) |
Refusal, revocation, suspension or limitation of licences or permits
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(c) |
Regulatory control
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(d) |
Taxation of aviation fuel
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