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COUNCIL DECISION

of 5 May 2006

on the signing and provisional application of the Agreement between the European Community and the Government of the Republic of Singapore on certain aspects of air services

(2006/592/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:

HAS DECIDED AS FOLLOWS:

Article 1

The signing of the Agreement between the European Community and the Government of the Republic of Singapore 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 7(2) of the Agreement.

Done at Brussels, 5 May 2006.

For the Council

The President

K.-H. GRASSER

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AGREEMENT

between the European Community and the Government of the Republic of Singapore on certain aspects of air services

THE EUROPEAN COMMUNITY

of the one part, and

THE GOVERNMENT OF THE REPUBLIC OF SINGAPORE (hereinafter referred to as Singapore)

of the other part

(hereinafter referred to as the Contracting Parties)

NOTING that the European Court of Justice has found that certain provisions of bilateral agreements entered into by several Member States with third countries are incompatible with European Community law,

NOTING that a number of bilateral air services agreements have been concluded between several Member States of the European Community and Singapore containing similar provisions and that there is an obligation on Member States to take all appropriate steps to eliminate incompatibilities between such agreements and the EC Treaty,

NOTING that the European Community has exclusive competence with respect to a number of 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 that Member State 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 consistency between European Community law and provisions of bilateral air service agreements between Member States of the European Community and Singapore will provide a viable means to ensure continuity and development of air services between the European Community and Singapore,

NOTING that provisions of the bilateral air services agreements between Member States of the European Community and Singapore, which are not inconsistent with European Community law, do not need to be affected by this Agreement,

NOTING that it is not a purpose of the European Community in this Agreement to increase the total volume of air traffic between the European Community and Singapore, to affect the balance between Community air carriers and air carriers of Singapore, 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, ‘Member States’ shall mean Member States of the European Community; ‘Contracting Party’ shall mean a contracting party to this Agreement; ‘party’ shall mean the contracting party to the relevant bilateral air services agreement; ‘air carrier’ shall also mean airline; ‘territory of the European Community’ shall mean territories of the Member States to which the Treaty establishing the European Community applies.

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, authorisation and revocation

1.   The provisions in 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 air carriers by the Member State concerned, its authorisations and permissions granted by Singapore, and the refusal, revocation, suspension or limitation of the authorisations or permissions of the air carrier, respectively.

2.   The provisions in 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 air carriers by Singapore, its authorisations and permissions granted by the Member State concerned, and the refusal, revocation, suspension or limitation of the authorisations or permissions of the air carrier, respectively, if the relevant Member State affirms the application of the provisions in paragraphs 3 and 4 of this Article.

3.   On receipt of such a designation, 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 grant the appropriate authorisations and permissions with minimum procedural delay, provided that:

4.   Either party may refuse, revoke, suspend or limit the operating authorisation or technical permissions of an air carrier designated by the other party where:

5.   In exercising its right under paragraph 4, and without prejudice to its rights under paragraph 4(a)(v) and (vi) of this Article, Singapore shall not discriminate between air carriers of Member States 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 (the first Member State) has designated an air carrier whose regulatory control is exercised and maintained by a second Member State, the rights of Singapore under the safety provisions of the agreement between the first Member State that has designated the air carrier and Singapore 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

Tariffs for carriage within the European Community

1.   The provisions in paragraph 2 of this Article shall complement the articles listed in Annex II(d).

2.   The tariffs to be charged by the air carrier(s) designated by Singapore under an Agreement listed in Annex I containing a provision listed in Annex II(d) for carriage wholly within the European Community shall be subject to European Community law. European Community law is applied on a non-discriminatory basis.

Article 5

Annexes to the Agreement

The Annexes to this Agreement shall form an integral part thereof.

Article 6

Revision or amendment

The Contracting Parties may, at any time, revise or amend this Agreement by mutual consent.

Article 7

Entry into force

1.   This Agreement shall enter into force when the Contracting Parties have notified each other in writing that their respective internal procedures necessary for its entry into force have been completed.

2.   Notwithstanding paragraph 1, the Contracting Parties agree to provisionally apply this Agreement from the first day of the month following the date on which the Contracting Parties have notified each other of the completion of the procedures necessary for this purpose.

3.   Agreements and other arrangements between Member States and Singapore 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 8

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 duplicate, on this ninth day of June 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, and Swedish languages. In case of any dispute the English text shall prevail over the other language texts.

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

Por el Gobierno de la República de Singapur

Za vládu Singapurské republiky

For Republikken Singapores regering

Für die Regierung der Republik Singapur

Singapuri Vabariigi valitsuse nimel

Για την κυβέρνηση της Δημοκρατίας της Σιγκαπούρης

For the Government of the Republic of Singapore

Pour le gouvernement de la République de Singapour

Per il governo della Repubblica di Singapore

Singapūras Republikas valdības vārdā

Singapūro Respublikos Vyriausybės vardu

A Szingapúri Köztársaság Kormánya részéről

Għall-Gvern tar-Repubblika ta' Singapor

Voor de regering van de Republiek Singapore

W imieniu Rządu Republiki Singapuru

Pelo Governo da República de Singapura

Za vládu Singapurskej republiky

Za vlado Singapurske republike

Singaporen tasavallan hallituksen puolesta

För Republiken Singapores regering

ANNEX I

List of agreements referred to in Article 1 of this Agreement

ANNEX II

List of Articles in the agreements listed in Annex I and referred to in Articles 2 to 5 of this Agreement

ANNEX III

List of other States referred to in Article 2 of this Agreement

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