AGREEMENT  
between the European Community and the Government of the Republic of Azerbaijan on certain 
aspects of air services  
THE EUROPEAN COMMUNITY,  
of the one part, and  
THE GOVERNMENT OF THE REPUBLIC OF AZERBAIJAN,  
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 the Republic of Azerbaijan containing provisions contrary to 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 the Republic of Azerbaijan, which are 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 the 
Republic of Azerbaijan and to preserve the continuity of such air services;  
NOTING that provisions of the bilateral air service agreements between Member States of the European Community and 
the Republic of Azerbaijan, which are not contrary to European Community law, do not need to be amended or replaced;  
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 the Republic of Azerbaijan, to affect the balance between Community 
air carriers and air carriers of the Republic of Azerbaijan, 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. 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 the Republic of Azerbaijan, and the 
refusal, revocation, suspension or limitation of the authori ­
sations or permissions of the air carrier, respectively.EN 9.10.2009 Official Journal of the European Union L 265/25
2. On receipt of a designation by a Member State, the 
Republic of Azerbaijan shall grant the appropriate authori ­
sations 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 operators certificate and the relevant aero ­
nautical 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. The Republic of Azerbaijan 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 estab ­
lishing 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 operators certificate, or the relevant aero ­
nautical authority is not clearly identified in the desig ­
nation; 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, the Republic of 
Azerbaijan 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 the Republic of Azerbaijan under 
the safety provisions of the Agreement between the Member 
State that has designated the air carrier and the Republic of 
Azerbaijan 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 the 
Republic of Azerbaijan 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 the Republic of Azerbaijan 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 a Member State that operates between a point in the 
territory of the Republic of Azerbaijan and another point in the 
territory of the Republic of Azerbaijan.  
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 
the Republic of Azerbaijan 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.EN L 265/26 Official Journal of the European Union 9.10.2009
Article 8  
Entry into force and provisional application  
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. Notwithstanding paragraph 1, the Parties agree to provi ­
sionally 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 procedures necessary for this purpose.  
3. Agreements and other arrangements between Member 
States and the Republic of Azerbaijan 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 appli ­
cation.  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 Strasbourg in duplicate, on 7 July 2009 in the 
Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, 
French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, 
Maltese, Polish, Portuguese, Romanian, Slovak, Slovene, Spanish, 
Swedish and Azerbaijani languages.EN 9.10.2009 Official Journal of the European Union L 265/27
За Европейската  общност  
Por la Comunidad Europea  
Za Evropské spole čenství  
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 v ārd ā 
Europos bendrijos vardu  
Az Európai Közösség részér ől 
Għall-Komunitá Ewropea  
Voor de Europese Gemeenschap  
W imieniu Wspólnoty Europejskiej  
Pela Comunidade Europeia  
Pentru Comunitatea European ă 
Za Európske spolo čenstvo  
Za Evropsko skupnost  
Euroopan yhteisön puolesta  
För Europeiska gemenskapen
  
За правителството  на Република  Азербайджан  
Por el Gobierno de la República de Azerbaiyán  
Za vládu Ázerbájdžánskou republiky  
For Republikken Aserbajdsjans regering  
Für die Regierung der Republik Aserbaidschan  
Aserbaidžaani Vabariigi valitsuse nimel  
Για την Κυβέρνηση  της Δημοκρατίας  του Αζερμπαϊτζάν  
For the Government of the Republic of Azerbaijan  
Pour le gouvernement de la République d'Azerbaïdjan  
Per il governo della Repubblica dell'Azerbaigian  
Azerbaidž ānas Republikas vald ības v ārd ā 
Azerbaidžano Vyriausyb ės Respublikos vardu  
Az Azerbajdzsáni Köztársaság Kormánya részér ől 
Għall-Gvern tar-Repubblika tal-A żerbaj ġan 
Voor de regering van de Republiek Azerbeidzjan  
W imieniu Rz ądu Republiki Azerbejd żańskiej  
Pelo Governo da República do Azerbaijão  
Pentru Guvernul Republicii Azerbaidjan  
Za vládu Azerbajdžanskej republiky  
Za vlado Azerbajdžanske republike  
Azerbaidžanin tasavallan hallituksen puolesta  
För Republiken Azerbajdzjans regering
EN L 265/28 Official Journal of the European Union 9.10.2009
ANNEX I  
List of Agreements referred to in Article 1 of this Agreement  
(a) Air service agreements between the Government of the Republic of Azerbaijan 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:  
— Agreement between the Government of Austria and the Government of the Republic of Azerbaijan relating to Air 
Services done at Vienna on 4 July 2000, hereinafter referred to ‘Azerbaijan — Austria Agreement’ in Annex II,  
— Agreement between the Government of the Kingdom of Belgium and the Government of the Republic of 
Azerbaijan relating to Air Services done at Baku on 13 April 1998, hereinafter referred to ‘Azerbaijan — 
Belgium Agreement’ in Annex II,  
— Agreement between the Government of the Republic of Bulgaria and the Government of the Republic of 
Azerbaijan concerning Air Services between their respective territories and beyond done at Sofia on 29 June 
1995, hereinafter referred to ‘Azerbaijan — Bulgaria Agreement’ in Annex II,  
— Agreement between the Government of the Kingdom of Denmark and the Government of the Republic of 
Azerbaijan relating to Air Services initialled at Copenhagen on 27 April 2000, hereinafter referred to ‘Azerbaijan 
— Denmark Agreement’ in Annex II.  
Last modified by Exchange of Letters 1 March 2004 and 17 December 2004,  
— Air Transport Agreement between the Government of the Federal Republic of Germany and the Government of 
the Azerbaijan Republic done at Baku at 28 July 1995, hereinafter referred to ‘Azerbaijan — Germany Agreement’ 
in Annex II.  
Last modified by Protocol Correcting and Supplementing the Air Transport Agreement of 28 July 1995 between 
the Government of the Federal Republic of Germany and the Government of the Azerbaijan Republic done at 
Baku at 29 June 1998,  
— Agreement between the Government of the French Republic and the Government of the Republic of Azerbaijan 
relating to Air Services done at Paris on 19 June 1997, hereinafter referred to ‘Azerbaijan — France Agreement’ in 
Annex II,  
— Agreement between the Government of the Hellenic Republic and the Government of the Republic of Azerbaijan 
relating to Air Services initialled at Athens on 5-6 June 1995, hereinafter referred to ‘Azerbaijan — Greece 
Agreement’ in Annex II,  
— Agreement between the Government of the Italian Republic and the Government of the Republic of Azerbaijan 
relating to Air Services done at Rome on 25 September 1997, hereinafter referred to ‘Azerbaijan — Italy 
Agreement’ in Annex II,  
— Agreement between the Government of the Grand Duchy of Luxembourg and the Government of the Republic of 
Azerbaijan relating to Air Services initialled at Baku on 3 July 2001, hereinafter referred to ‘Azerbaijan — 
Luxembourg Agreement’ in Annex II,  
— Agreement between the Kingdom of the Netherlands and the Republic of Azerbaijan relating to Air Services done 
at Baku on 11 July 1996, hereinafter referred to ‘Azerbaijan — Netherlands Agreement’ in Annex II,  
— Agreement between the Government of the Republic of Poland and the Government of the Azerbaijan Republic 
concerning Civil Air Transport done at Warsaw on 26 August 1997, hereinafter referred to ‘Azerbaijan — Poland 
Agreement’ in Annex II,  
— Agreement between the Government of Romania and the Government of the Republic of Azerbaijan concerning 
Air Services done at Baku on 27 March 1996, hereinafter referred to ‘Azerbaijan — Romania Agreement’ in 
Annex II,  
— Agreement between the Government of the Slovak Republic and the Government of the Republic of Azerbaijan 
relating to Air Services initialled at Baku on 27 October 2000, hereinafter referred to ‘Azerbaijan — Slovak 
Republic Agreement’ in Annex II,EN 9.10.2009 Official Journal of the European Union L 265/29
— Agreement between the Kingdom of Spain and Republic of Azerbaijan relating to Air Services initialled at Madrid 
on 18 November 2004, hereinafter referred to ‘Azerbaijan — Spain Agreement’ in Annex II,  
— Agreement between the Government of the Kingdom of Sweden and the Government of the Republic of 
Azerbaijan relating to Air Services initialled at Copenhagen on 27 April 2000, hereinafter referred to ‘Azerbaijan 
— Sweden Agreement’ in Annex II.  
Last modified by Exchange of Letters 1 March 2004 and 17 December 2004,  
— Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the 
Government of the Republic of Azerbaijan relating to Air Services done at London on 23 February 1994, 
hereinafter referred to ‘Azerbaijan — United Kingdom Agreement’ in Annex II.  
Amended by Exchange of Notes done at Baku on 20 June and 23 December 1996.  
Last modified by Memorandum of Understanding done at Baku on 3-4 July 2000;  
(b) Air service agreements and other arrangements initialled or signed between the Republic of Azerbaijan 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:  
— Air Transport Agreement between the Government of the Czech Republic and the Government of the Republic of 
Azerbaijan initialled at Prague on 3 December 1998, hereinafter referred to ‘Azerbaijan — Czech Republic 
Agreement’ in Annex II,  
— Air Services Agreement between the Government of the Republic of Azerbaijan and the Government of the 
Republic of Estonia initialled in Tallinn on 8 November 2002, hereinafter referred to ‘Azerbaijan — Estonia 
Agreement’ in Annex II,  
— Agreement between the Government of the Republic of Finland and the Government of the Republic of Azer ­
baijan relating to Air Services initialled at Baku on 29 September 2000, hereinafter referred to ‘Azerbaijan — 
Finland Agreement’ in Annex II.EN L 265/30 Official Journal of the European Union 9.10.2009
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:  
— Article 3, paragraph 5 of the Azerbaijan — Austria Agreement,  
— Article 3, paragraph 5 of the Azerbaijan — Bulgaria Agreement,  
— Article 3, paragraph 4 of the Azerbaijan — Czech Republic Agreement,  
— Article 3, paragraph 4 of the Azerbaijan — Denmark Agreement,  
— Article 3, paragraph 4 of the Azerbaijan — Estonia Agreement,  
— Article 3, paragraph 4, of the Azerbaijan — Germany Agreement,  
— Article 3, paragraph 4 of the Azerbaijan — Greece Agreement,  
— Article 4, paragraph 3 of the Azerbaijan — France Agreement,  
— Article 4, paragraph 4 of the Azerbaijan — Italy Agreement,  
— Article 3, paragraph 4 of the Azerbaijan — Luxembourg Agreement,  
— Article 3, paragraph 4 of the Azerbaijan — Netherlands Agreement,  
— Article 3, paragraph 4 of the Azerbaijan — Poland Agreement,  
— Article 3, paragraph 4 of the Azerbaijan — Romania Agreement,  
— Article 4, paragraph 4 of the Azerbaijan — Slovak Republic Agreement,  
— Article 3, paragraph 4 of the Azerbaijan — Sweden Agreement,  
— Article 4, paragraph 4 of the Azerbaijan — United Kingdom Agreement;  
(b) Refusal, revocation, suspension or limitation of authorisations or permissions:  
— Article 4, paragraph 1(a) of the Azerbaijan — Austria Agreement,  
— Article 5, paragraph 1(d) of the Azerbaijan — Belgium Agreement,  
— Article 4, paragraph 1(a) of the Azerbaijan — Bulgaria Agreement,  
— Article 4, paragraph 1(b) of the Azerbaijan — Czech Republic Agreement,  
— Article 4, paragraph 1(a) of the Azerbaijan — Denmark Agreement,  
— Article 4, paragraph 1(a) of the Azerbaijan — Estonia Agreement,  
— Article 4, paragraph 1(b) of the Azerbaijan — Greece Agreement,  
— Article 5, paragraph 1 of the Azerbaijan — France Agreement,  
— Article 5, paragraph 1(a) of the Azerbaijan — Finland Agreement,  
— Article 5, paragraph 1(a) of the Azerbaijan — Italy Agreement,  
— Article 4, paragraph 1(a) of the Azerbaijan — Luxembourg Agreement,  
— Article 4, paragraph 1(c) of the Azerbaijan — Netherlands Agreement,  
— Article 4, paragraph 1(a) of the Azerbaijan — Poland Agreement,  
— Article 4, paragraph 1(a) of the Azerbaijan — Romania Agreement,  
— Article 5, paragraph 1(a) of the Azerbaijan — Slovak Republic Agreement,  
— Article 4, paragraph 1(a) of the Azerbaijan — Sweden Agreement,  
— Article 5, paragraph 1(a) of the Azerbaijan — United Kingdom Agreement;  
(c) Regulatory control:  
— Article 6 of the Azerbaijan — Austria Agreement,  
— Article 7 of the Azerbaijan — Belgium Agreement,  
— Article 7 of the Azerbaijan — Czech Republic Agreement,  
— Article 14 of the Azerbaijan — Denmark Agreement,  
— Article 15 of the Azerbaijan — Estonia Agreement,  
— Article 11a of the Azerbaijan — Germany Agreement,  
— Article 6 of the Azerbaijan — Greece Agreement,  
— Article 8 of the Azerbaijan — France Agreement,  
— Article 13 of the Azerbaijan — Finland Agreement,  
— Article 10 of the Azerbaijan — Italy Agreement,EN 9.10.2009 Official Journal of the European Union L 265/31
— Article 6 of the Azerbaijan — Luxembourg Agreement,  
— Article 13 of the Azerbaijan — Netherlands Agreement,  
— Article 10 of the Azerbaijan — Slovak Republic Agreement,  
— Article 14 of the Azerbaijan — Sweden Agreement;  
(d) Taxation of aviation fuel:  
— Article 7 of the Azerbaijan — Austria Agreement,  
— Article 10 of the Azerbaijan — Belgium Agreement,  
— Article 7 of the Azerbaijan — Bulgaria Agreement,  
— Article 8 of the Azerbaijan — Czech Republic Agreement,  
— Article 6 of the Azerbaijan — Denmark Agreement,  
— Article 7 of the Azerbaijan — Estonia Agreement,  
— Article 6 of the Azerbaijan — Germany Agreement,  
— Article 9 of the Azerbaijan — Greece Agreement,  
— Article 11 of the Azerbaijan — France Agreement,  
— Article 6 of the Azerbaijan — Finland Agreement,  
— Article 6 of the Azerbaijan — Italy Agreement,  
— Article 8 of the Azerbaijan — Luxembourg Agreement,  
— Article 9 of the Azerbaijan — Netherlands Agreement,  
— Article 6 of the Azerbaijan — Poland Agreement,  
— Article 9 of the Azerbaijan — Romania Agreement,  
— Article 5 of the Azerbaijan — Spain Agreement,  
— Article 9 of the Azerbaijan — Slovak Republic Agreement,  
— Article 6 of the Azerbaijan — Sweden Agreement,  
— Article 8 of the Azerbaijan — United Kingdom Agreement;  
(e) Tariffs for carriage within the European Community:  
— Article 11 of the Azerbaijan — Austria Agreement,  
— Article 13 of the Azerbaijan — Belgium Agreement,  
— Article 9 of the Azerbaijan — Bulgaria Agreement,  
— Article 12 of the Azerbaijan — Czech Republic Agreement,  
— Article 10 of the Azerbaijan — Denmark Agreement,  
— Article 13 of the Azerbaijan — Estonia Agreement,  
— Article 10 of the Azerbaijan — Germany Agreement,  
— Article 12 of the Azerbaijan — Greece Agreement,  
— Article 17 of the Azerbaijan — France Agreement,  
— Article 10 of the Azerbaijan — Finland Agreement,  
— Article 8 of the Azerbaijan — Italy Agreement,  
— Article 10 of the Azerbaijan — Luxembourg Agreement,  
— Article 5 of the Azerbaijan — Netherlands Agreement,  
— Article 10 of the Azerbaijan — Poland Agreement,  
— Article 8 of the Azerbaijan — Romania Agreement,  
— Article 8 of the Azerbaijan — Slovak Republic Agreement,  
— Article 10 of the Azerbaijan — Sweden Agreement,  
— Article 7 of the Azerbaijan — United Kingdom Agreement.EN L 265/32 Official Journal of the European Union 9.10.2009
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).EN 9.10.2009 Official Journal of the European Union L 265/33