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            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:

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            

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            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:

3.   Romania may refuse, revoke, suspend or limit the authorisations or permissions of an air carrier designated by a Member State where:

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

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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