EN Official Journal of the European Union L 90/9

COUNCIL DECISION

of 15 September 2008

on the signing of the Agreement between the European Community and the State of Israel on certain aspects of air services

(2009/305/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 State of Israel on certain aspects of air services in accordance with the mechanisms and directives in the Annex to the Council Decision of 5 June 2003 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 possible conclusion at a later date, the Agreement negotiated by the Commission should be signed,

HAS DECIDED AS FOLLOWS:

Article 1

The signing of the Agreement between the European Community and the State of Israel 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

The President of the Council is hereby authorised to make the notification provided for in Article 8(1) of the Agreement.

Done at Brussels, 15 September 2008. For the Council The President B. KOUCHNER

EN Official Journal of the European Union L 90/10

AGREEMENT

between the European Community and the State of Israel on certain aspects of air services

THE EUROPEAN COMMUNITY

of the one part, and

THE STATE OF ISRAEL (hereinafter referred to as Israel)

of the other part

(hereinafter referred to as the Parties)

Following notification by the European Community that:

Bilateral air service agreements have been concluded between several Member States of the European Community and Israel containing provisions that currently are not in accordance with Community law,

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, including Israel,

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,

Certain provisions of the bilateral air service agreements between Member States of the European Community and Israel, must be brought into conformity with European Community law in order to establish a sound legal basis for air services between the European Community and Israel and to preserve the continuity of such air services,

Under European Community law air carriers may not in principle conclude agreements which may affect trade between Member States of the European Community and which have as their object or effect the prevention, restriction or distortion of competition,

Provisions in bilateral air service agreements concluded between Member States of the European Community and Israel which (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 (ii) reinforce the effects of any such agreement, decision or concerted practice; or (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 competition rules applicable to undertakings,

It is not a purpose of the European Community, under this Agreement, to increase the total volume of air traffic between the European Community and Israel, to affect the balance between Community air carriers and air carriers of Israel, or to negotiate amendments to the provisions of existing bilateral air service agreements concerning traffic rights,

THE PARTIES 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 Israel, 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, Israel shall grant the appropriate authorisations and permissions with minimum procedural delay, provided that:

(i) the air carrier is established in the territory of the designating Member State under the Treaty establishing the European Community 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. Israel 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 in the territory of the designating Member State under the Treaty establishing the European Community 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; or

(iv) the air carrier is already authorised to operate under a bilateral agreement between Israel and another Member State, and Israel can demonstrate that by exercising traffic rights under this Agreement on a route that includes a point in that other Member State, the air carrier would be circumventing restrictions on traffic rights imposed by the bilateral agreement between Israel and that other Member State.

In exercising its right under this paragraph, Israel 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 corresponding provisions in 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 Israel under the safety provisions of the agreement between the Member State that has designated the air carrier and Israel 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

Tariffs for carriage within the European Community

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

2. The tariffs to be charged by the air carrier(s) designated by Israel 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.

Article 5

Compatibility with competition rules

1. Notwithstanding any other provision to the contrary, nothing in each of the agreements listed in Annex I shall (i) require or favour the adoption of agreements between undertakings, decisions by associations of undertakings or concerted practices that prevent or distort competition; (ii) reinforce the effects of any such agreement, decision or concerted practice; or (iii) delegate to private economic operators the responsibility for taking measures that prevent, distort or restrict competition.

2. The provisions contained in the agreements listed in Annex I that are incompatible with paragraph 1 of this Article shall not be applied.

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, according to the provisions of Article 8, by mutual consent.

Article 8

Entry into force

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

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 Brussels in duplicate, on the ninth day of December in the year two thousand and eight, which corresponds to the twelfth day of Kislev in the year five thousand seven hundred and sixty nine in the Hebrew calendar, 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 Hebrew languages. За Европейската общнoст 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 държавата Израел Por el Estado de Israel Za Stát Izrael For Staten Israel Für den Staat Israel Iisraeli Riigi nimel Για το Κράτος του Ισραήλ For the State of Israel Pour l'État d'Israël Per lo Stato d'Israele Izraēlas Valsts vārdā Izraelio Valstybės vardu Izrael Állam részéről Għall-Istat ta' l-Iżrael Voor de Staat Israël W imieniu Państwa Izrael Pelo Estado de Israel Pentru Statul Israel Za Izraelský štát Za Državo Izrael Israelin valtion puolesta För Staten Israel

ANNEX I

List of agreements referred to in Article 1 of this Agreement

Air service agreements between Israel and Member States of the European Community as modified or amended which, at the date of signature of this Agreement, have been concluded, signed and/or are being applied provisionally:

— Air Transport Agreement between the Austrian Federal Government and the Government of the State of Israel, done at Jerusalem on 2 August 1963, hereinafter referred to ‘Israel – Austria Agreement’ in Annex II,

— Agreement between the Belgian Government and the Government of Israel for Air Services between and beyond their respective Territories, done at Hakirya on 30 June 1952, hereinafter referred to ‘Israel – Belgium Agreement’ in Annex II,

— Air Transport Agreement between the Government of the Republic of Bulgaria and the Government of the State of Israel for air services between and beyond their respective territories, done at Sofia on 25 March 1991, hereinafter referred to ‘Israel – Bulgaria Agreement’ in Annex II,

— Air Services Agreement between the Government of the Republic of Cyprus and the Government of the State of Israel, done at Jerusalem on 21 December 1993, hereinafter referred to ‘Israel – Cyprus Agreement’ in Annex II,

— Air Transport Agreement between the Government of the Czech and Slovak Federal Republic and the Government of the State of Israel, in respect of which the Czech Republic declared that it considers itself to be bound by the provisions thereof, done at Jerusalem on 24 April 1991, hereinafter referred to ‘Israel – Czech Republic Agreement’ in Annex II,

— Agreement between the Government of the Kingdom of Denmark and the Government of the State of Israel relating to Air Services, done in Jerusalem on 18 April 1977, hereinafter referred to ‘Israel - Denmark Agreement’ in Annex II,

— Air Services Agreement between the Government of the Republic of Finland and the Government of the State of Israel, done at Helsinki on 24 June 1997, hereinafter referred to ‘Israel – Finland Agreement’ in Annex II,

— Air Transport Agreement between the Government of the Republic of France and the Government of the State of Israel, done at Tel Aviv on 29 April 1952, hereinafter referred to ‘Israel – France Agreement’ in Annex II,

— Air Transport Agreement between the Federal Republic of Germany and the State of Israel, done at Bonn on 12 February 1971, hereinafter referred to ‘Israel – Germany Agreement’ in Annex II,

— Agreement between the Royal Hellenic Government and the Government of the State of Israel on air services between their respective territories, done at Athens on 15 July 1952, hereinafter referred to ‘Israel – Greece Agreement’ in Annex II,

— Air Transport Agreement between the Government of the Hungarian People's Republic and the Government of the State of Israel, done at Jerusalem on 1 March 1989, hereinafter referred to ‘Israel – Hungary Agreement’ in Annex II,

— Air Transport Agreement between the Government of the State of Israel and the Government of Ireland, done at Jerusalem on 19 October 1993, hereinafter referred to ‘Israel – Ireland Agreement’ in Annex II,

— Agreement between the Italian Republic and the State of Israel on air services between their respective territories, done at Rome on 18 May 1979, hereinafter referred to ‘Israel – Italy Agreement’ in Annex II,

— Air Transport Agreement between the Government of the Republic of Latvia and the Government of the State of Israel, done at Jerusalem on 3 November 1993, hereinafter referred to ‘Israel – Latvia Agreement’ in Annex II,

— Air Services Agreement between the Government of the State of Israel and the Government of the Republic of Lithuania, initialled and attached to the Agreed Minutes done at Jerusalem on 20 November 1997, hereinafter referred to ‘Israel – Lithuania Agreement’ in Annex II,

— Air Transport Agreement between the Government of the Grand Duchy of Luxembourg and the Government of the State of Israel, done at Luxembourg on 14 June 1994, hereinafter referred to ‘Israel – Luxembourg Agreement’ in Annex II,

— Air Transport Agreement between the Government of the State of Israel and the Government of Malta, done at Jerusalem on 20 February 1995, hereinafter referred to ‘Israel – Malta Agreement’, in Annex II,

— Air Transport Agreement between the Government of the Netherlands and the Government of Israel, done at Jerusalem on 23 October 1950, hereinafter referred to ‘Israel – Netherlands Agreement’ in Annex II,

— Air Transport Agreement between the Government of the Republic of Poland and the Government of the State of Israel, done at Warsaw on 27 February 1990, hereinafter referred to ‘Israel – Poland Agreement’ in Annex II,

— Air Transport Agreement between the Republic of Portugal and the State of Israel, done at Lisbon on 8 May 1997, hereinafter referred to ‘Israel – Portugal Agreement’ in Annex II,

— Air Transport Agreement between the Government of the Socialist Republic of Romania and the Government of the State of Israel, done in Israel on 19 December 1967, hereinafter referred to ‘Israel – Romania Agreement’ in Annex II,

— Air Transport Agreement between the Government of the Slovak Republic and the Government of the State of Israel, done at Bratislava on 22 August 1994, hereinafter referred to ‘Israel – Slovak Republic Agreement’ in Annex II,

— Air Transport Agreement between the Republic of Slovenia and the State of Israel, done at Ljubljana on 16 June 1993, hereinafter referred to ‘Israel – Slovenia Agreement’ in Annex II,

— Air Transport Agreement between the Kingdom of Spain and the State of Israel, done at Jerusalem on 31 July 1989, hereinafter referred to ‘Israel – Spain Agreement’ in Annex II,

— Agreement between the Government of the Kingdom of Sweden and the Government of the State of Israel relating to Air Services, done at Stockholm on 9 November 1977, hereinafter referred to ‘Israel – Sweden Agreement’ in Annex II,

— Agreement between the State of Israel and the United Kingdom of Great Britain and Northern Ireland concerning air services, signed at London on 24 September 1975, hereinafter referred to as ‘Israel – UK 1975 Agreement’,

— Agreement between the Government of the State of Israel and the Government of the United Kingdom of Great Britain and Northern Ireland concerning air services, done at Tel Aviv on 6 December 2001, hereinafter referred to as ‘Israel – UK 2001 Agreement’.

ANNEX II

List of Articles in the agreements listed in Annex Ι and referred to in Articles 2 to 4 of this Agreement

(a) Designation by a Member State: — Article 3 of the Israel – Austria Agreement, — Article 3 of the Israel – Belgium Agreement, — Article III of the Israel – Bulgaria Agreement, — Article 4 of the Israel-Cyprus Agreement, — Article III of the Israel – Czech Republic Agreement, — Article 4 of the Israel – Denmark Agreement, — Article 3 of the Israel –Finland Agreement, — Article XIII of the Israel – France Agreement, — Article 3 of the Israel – Germany Agreement, — Article IV of the Israel – Greece Agreement, — Article III of the Israel – Hungary Agreement, — Article III of the Israel – Ireland Agreement, — Article 4 of the Israel – Italy Agreement, — Article 3 of the Israel – Latvia Agreement, — Article III of the Israel – Lithuania Agreement, — Article III of the Israel – Luxembourg Agreement, — Article III of the Israel – Malta Agreement, — Article II of the Israel – The Netherlands Agreement, — Article III of the Israel – Poland Agreement, — Article 3 of the Israel – Portugal Agreement, — Article 3 of the Israel – Romania Agreement, — Article 3 of the Israel – Slovak Republic Agreement, — Article III of the Israel – Slovenia Agreement, — Article III of the Israel – Spain Agreement, — Article 4 of the Israel – Sweden Agreement, — Article 4 of the Israel – UK 1975 Agreement, — Article 4 of the Israel – UK 2001 Agreement.

(b) Refusal, revocation, suspension or limitation of authorisations or permissions: — Article 5 of the Israel – Austria Agreement, — Article 4 of the Israel – Belgium Agreement, — Article IV of the Israel – Bulgaria Agreement, — Article 5 of the Israel - Cyprus Agreement, — Article IV of the Israel – Czech Republic Agreement, — Article 4 of the Israel – Denmark Agreement, — Article 4 of the Israel – Finland Agreement, — Article VIII of the Israel – France Agreement, — Article 4 of the Israel – Germany Agreement, — Article IV of the Israel – Greece Agreement, — Article IV of the Israel – Hungary Agreement, — Article IV of the Israel - Ireland Agreement, — Article 5 of the Israel – Italy Agreement, — Article 4 of the Israel – Latvia Agreement, — Article IV of the Israel – Lithuania Agreement, — Article IV of the Israel - Luxembourg Agreement, — Article IV of the Israel - Malta Agreement, — Article VI of the Israel – The Netherlands Agreement, — Article IV of the Israel – Poland Agreement, — Article 4 of the Israel-Portugal Agreement, — Article 4 of the Israel – Romania Agreement, — Article 4 of the Israel – Slovak Republic Agreement, — Article IV of the Israel – Slovenia Agreement, — Article IV of the Israel – Spain Agreement, — Article 4 of the Israel – Sweden Agreement, — Article 4 of the Israel – UK 1975 Agreement, — Article 5 of the Israel – UK 2001 Agreement.

(c) Safety: — Article XIV of the Israel – Bulgaria Agreement, — Article 13 of the Israel – Cyprus Agreement, — Article IX of the Israel – Czech Republic Agreement, — Article 8 of the Israel – Denmark Agreement, — Article 11 of the Israel – Finland Agreement, — Article VIII of the Israel – Greece Agreement, — Article IX of the Israel – Hungary Agreement, — Article IX of the Israel – Ireland Agreement, — Article 12 of the Israel – Italy Agreement, — Article 9 of the Israel – Latvia Agreement, — Article IX of the Israel – Lithuania Agreement, — Article IX of the Israel – Luxembourg Agreement, — Article IX of the Israel – Malta Agreement, — Article IV of the Israel – The Netherlands Agreement, — Article 8 of the Israel - Portugal Agreement, — Article 9 of the Israel – Slovak Republic Agreement, — Article IX of the Israel – Slovenia Agreement, — Article X of the Israel – Spain Agreement, — Article 8 of the Israel – Sweden Agreement, — Article 12 of the Israel – UK 2001 Agreement.

(d) Tariffs for carriage within the European Community: — Article 8 of the Israel – Austria Agreement, — Article 8 of the Israel – Belgium Agreement, — Article IX of the Israel – Bulgaria Agreement, — Article 17 of the Israel – Cyprus Agreement, — Article VI of the Israel – Czech Republic Agreement, — Article 10 of the Israel – Denmark Agreement, — Article 10 of the Israel – Finland Agreement, — Article XVII of the Israel – France Agreement, — Article 9 of the Israel – Germany Agreement, — Article VI of the Israel – Greece Agreement, — Article VI of the Israel – Hungary Agreement, — Article VI of the Israel – Ireland Agreement, — Article 8 of the Israel – Italy Agreement, — Article 6 of the Israel – Latvia Agreement, — Article VI of the Israel – Lithuania Agreement, — Article VI of the Israel – Luxembourg Agreement, — Article VI of the Israel – Malta Agreement, — Paragraph 7 of the Annex to the Israel – The Netherlands Agreement, — Article VI of the Israel – Poland Agreement, — Article 16 of the Israel – Portugal Agreement, — Article 7 of the Israel – Romania Agreement, — Article 6 of the Israel – Slovak Republic Agreement, — Article VI of the Israel – Slovenia Agreement, — Article VI of the Israel – Spain Agreement, — Article 10 of the Israel – Sweden Agreement, — Article 8 of the Israel – UK 1975 Agreement, — Article 8 of the Israel – UK 2001 Agreement.

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);