EN Official Journal of the European Union L 68/14

COUNCIL DECISION

of 25 June 2007

on the signing and provisional application of the Agreement between the European Community and the Hashemite Kingdom of Jordan on certain aspects of air services

(2008/216/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 Hashemite Kingdom of Jordan 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 and provisionally applied,

HAS DECIDED AS FOLLOWS:

Article 1

The signing of the Agreement between the European Community and the Hashemite Kingdom of Jordan 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 9(2) of the Agreement.

Done at Luxembourg, 25 June 2007. For the Council The President A. SCHAVAN

EN Official Journal of the European Union L 68/15

AGREEMENT

between the European Community and the Hashemite Kingdom of Jordan on certain aspects of air services

THE EUROPEAN COMMUNITY,

of the one part, and

THE HASHEMITE KINGDOM OF JORDAN,

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 Hashemite Kingdom of Jordan 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 Hashemite Kingdom of Jordan, 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 Hashemite Kingdom of Jordan and to preserve the continuity of such air services,

NOTING that 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,

RECOGNISING that provisions in bilateral air service agreements concluded between Member States of the European Community and the Hashemite Kingdom of Jordan 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,

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 Hashemite Kingdom of Jordan, to affect the balance between Community air carriers and air carriers of the Hashemite Kingdom of Jordan, 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 1 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 1 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.

4. The granting of traffic rights shall continue to be carried out through bilateral arrangements between the Hashemite Kingdom of Jordan and Member States.

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 2(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 Hashemite Kingdom of Jordan, 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, the Hashemite Kingdom of Jordan shall grant the appropriate authorisations 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 aeronautical authority is clearly identified in the designation; and

(iii) the air carrier is owned directly or through majority ownership and effectively controlled by Member States and/or nationals of Member States, and/or by other States listed in Annex 3 and/or nationals of such other States.

3. The Hashemite Kingdom of Jordan 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 establishing 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; or

(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 aeronautical authority is not clearly identified in the designation; or

(iii) the air carrier is not owned and effectively controlled directly or through majority ownership by Member States and/or nationals of Member States, and/or by other States listed in Annex 3 and/or nationals of such other States; or

(iv) the air carrier is already authorised to operate under a bilateral agreement between the Hashemite Kingdom of Jordan and another Member State and by exercising traffic rights under this Agreement on a route that includes a point in that other Member State, it would be circumventing restrictions on traffic rights imposed by the bilateral agreement between the Hashemite Kingdom of Jordan and that other Member State; or

(v) the air carrier designated holds an Air Operators Certificate issued by a Member State and there is no bilateral air services agreement between the Hashemite Kingdom of Jordan and that Member State and that Member State has denied traffic rights to the air carrier designated by the Hashemite Kingdom of Jordan.

In exercising its right under this paragraph, the Hashemite Kingdom of Jordan 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 2(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 Hashemite Kingdom of Jordan under the safety provisions of the agreement between the Member State that has designated the air carrier and the Hashemite Kingdom of Jordan 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 2(d).

2. Notwithstanding any other provision to the contrary, nothing in each of the agreements listed in Annex 2(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 the Hashemite Kingdom of Jordan 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.

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 2(e).

2. The tariffs to be charged by the air carrier(s) designated by the Hashemite Kingdom of Jordan under an agreement listed in Annex 1 containing a provision listed in Annex 2(e) for carriage wholly within the European Community shall be subject to European Community law.

Article 6

Compatibility with competition rules

1. Notwithstanding any other provision to the contrary, nothing in each of the agreements listed in Annex 1 shall (i) 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 1 that are incompatible with paragraph 1 of this Article shall not be applied.

Article 7

Annexes to the Agreement

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

Article 8

Revision or amendment

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

Article 9

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 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 procedures necessary for this purpose.

3. Agreements and other arrangements between Member States and the Hashemite Kingdom of Jordan 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 1(b). This Agreement shall apply to all such Agreements and arrangements upon their entry into force or provisional application.

Article 10

Termination

1. In the event that an agreement listed in Annex 1 is terminated, all provisions of this Agreement that relate to the agreement listed in Annex 1 concerned shall terminate at the same time.

2. In the event that all agreements listed in Annex 1 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 twenty-fifth day of February in the year two thousand and eight, 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 Arabic languages. 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 Хашемитското кралство Йордания Por el Reino Hachemí de Jordania Za Jordánské hášimovské království For Det Hashemitiske Kongerige Jordan Für das Haschemitische Königreich Jordanien Jordaania Hašimiidi Kuningriigi nimel Για το Χασεμιτικό Βασίλειο της Ιορδανίας For the Hashemite Kingdom of Jordan Pour le Royaume hachémite de Jordanie Per il Regno Hashemita di Giordania Jordānijas Hāšimītu Karalistes vārdā Jordanijos Hašimitų Karalystės vardu A Jordán Hasimita Királyság részéről Għar-Renju Haxemit tal-Ġordan Voor het Hasjemitisch Koninkrijk Jordanië W imieniu Jordańskiego Królestwa Haszymidzkiego Pelo Reino Hachemita da Jordânia Pentru Regatul Hașemit al Iordaniei Za Jordánske hašimovské královstvo Za Hašemitsko kraljevino Jordanijo Jordanian hašemiittisen kuningaskunnan puolesta För Hashemitiska konungariket Jordanien

ANNEX 1

List of agreements referred to in Article 1 of this Agreement

(a) Air service agreements between the Hashemite Kingdom of Jordan 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 — Air Transport Agreement between the Austrian Federal Government and the Government of the Hashemite Kingdom of Jordan signed at Vienna on 16 June 1976, hereinafter referred to as ‘Jordan – Austria Agreement’ in Annex 2; Amended by the Exchange of Notes dated 23 May and 8 July 1993; Supplemented by the Confidential Memorandum of Understanding done at Amman on 29 October 1997. — Agreement between the Government of the Kingdom of Belgium and the Government of the Hashemite Kingdom of Jordan for the establishment of scheduled air services between and beyond their respective territories, signed at Amman on 19 October 1960, hereinafter referred to as ‘Jordan – Belgium Agreement’ in Annex 2; Supplemented by the Confidential Memorandum of Understanding done at Amman on 15 September 1994. — Agreement between the Government of the Republic of Bulgaria and the Government of the Hashemite Kingdom of Jordan for air services between and beyond their respective territories, signed at Sofia on 25 August 2001, hereinafter referred to as ‘Jordan – Bulgaria Agreement’ in Annex 2. — Agreement between the Republic of Cyprus and the Hashemite Kingdom of Jordan on commercial scheduled air transport, signed at Amman on 23 April 1967, hereinafter referred to as ‘Jordan – Cyprus Agreement’ in Annex 2. — Agreement between the Government of the Czech Republic and the Government of the Hashemite Kingdom of Jordan concerning Air Services, signed at Amman on 20 September 1997, hereinafter referred to as ‘Jordan – Czech Republic Agreement’ in Annex 2. — Agreement between the Government of the Kingdom of Denmark and the Government of the Hashemite Kingdom of Jordan for the establishment of scheduled air services between and beyond their respective territories, signed at Amman on 7 December 1961, hereinafter referred to as ‘Jordan – Denmark Agreement’ in Annex 2. — Agreement between the Government of the Republic of Finland and the Government of the Hashemite Kingdom of Jordan for air services between their respective territories, signed at Helsinki on 11 April 1978, hereinafter referred to as ‘Jordan – Finland Agreement’ in Annex 2. — Agreement between the French Republic and the Hashemite Kingdom of Jordan relating to Air Services, signed at Amman on 30 April 1966, hereinafter referred to as ‘Jordan – France Agreement’ in Annex 2; Supplemented by the Memorandum of Understanding done at Paris on 16 November 2000. — Air Transport Agreement between the Federal Republic of Germany and the Hashemite Kingdom of Jordan, signed at Bonn on 29 January 1970, as amended, hereinafter referred to as ‘Jordan – Germany Agreement’ in Annex 2. — Agreement between the Government of the Kingdom of Greece and the Government of the Hashemite Kingdom of Jordan on commercial scheduled Air Services, signed at Athens on 17 April 1967, hereinafter referred to as ‘Jordan – Greece Agreement’ in Annex 2. — Agreement between the Government of Ireland and the Government of the Hashemite Kingdom of Jordan on Air Transport, initialled on 19 March 1998, hereinafter referred to as ‘Jordan – Ireland Agreement’ in Annex 2. — Agreement between the Government of the Italian Republic and the Government of the Hashemite Kingdom of Jordan for the establishment and operation of scheduled air services, signed at Rome on 28 March 1980, hereinafter referred to as ‘Jordan – Italy Agreement’ in Annex 2; To be read together with the Confidential Memorandum of Understanding of 25 June 1978; Amended by the Exchange of Notes dated 12 July and 11 September 1996. — Agreement between the Government of the Grand Duchy of Luxembourg and the Government of the Hashemite Kingdom of Jordan for the establishment and operation of scheduled Air Services between and beyond their respective Territories, signed at Amman on 9 April 1962, hereinafter referred to as ‘Jordan – Luxembourg Agreement’ in Annex 2. — Draft Agreement between the Government of Malta and the Government of the Hashemite Kingdom of Jordan for air services between and beyond their respective territories, initialled and attached, in the form of Attachment C, to the Memorandum of Understanding done at Amman on 28 September 1999, hereinafter referred to as ‘Draft Jordan – Malta Agreement’ in Annex 2. — Agreement between the Government of the Kingdom of the Netherlands and the Government of the Hashemite Kingdom of Jordan for the establishment and operation of scheduled air services between and beyond their respective territories, signed at Amman on 24 August 1961, hereinafter referred to as ‘Jordan – Netherlands Agreement’ in Annex 2. — Agreement between the Government of the Republic of Poland and the Government of the Hashemite Kingdom of Jordan concerning Air Services signed at Amman on 22 November 1993, hereinafter referred to as ‘Jordan – Poland Agreement’ in Annex 2. — Air Transport Agreement between the Government of Portugal and the Government of the Hashemite Kingdom of Jordan, initialled and attached to the Memorandum of Understanding signed at Lisbon on 29 January 1982, hereinafter referred to as ‘Draft Jordan – Portugal Agreement’ in Annex 2. — Agreement between the Government of the Socialist Republic of Romania and the Government of the Hashemite Kingdom of Jordan relating to civil air transport, signed at Bucharest on 17 September 1975, hereinafter referred to as ‘Jordan – Romania Agreement’ in Annex 2. — Air Transport Agreement between the Government of the Kingdom of Spain and the Government of the Hashemite Kingdom of Jordan, signed at Madrid on 18 May 1977, hereinafter referred to as ‘Jordan – Spain Agreement’ in Annex 2. — Agreement between the Government of the Kingdom of Sweden and the Government of the Hashemite Kingdom of Jordan for the establishment of scheduled air services between and beyond their respective territories, signed at Amman on 9 January 1961, hereinafter referred to as ‘Jordan – Sweden Agreement’ in Annex 2. — Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Hashemite Kingdom of Jordan for air services between and beyond their respective territories, signed at Amman on 9 August 1969, hereinafter referred to as ‘Jordan – UK Agreement’ in Annex 2. — Draft Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Hashemite Kingdom of Jordan concerning Air Services, initialled and attached, in the form of Annex B, to the Memorandum of Understanding done at Amman on 13 July 1995, hereinafter referred to as ‘Draft Revised Jordan – UK Agreement’ in Annex 2.

(b) Air service agreements and other arrangements initialled or signed between Jordan 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 [intentionally left blank]

ANNEX 2

List of articles in the agreements listed in Annex 1 and referred to in Articles 2 to 5 of this Agreement

(a) Designation by a Member State: — Article 3 of the Jordan – Austria Agreement; — Article 2 of the Jordan – Belgium Agreement; — Article 3 of the Jordan – Bulgaria Agreement; — Article 3 of the Jordan – Cyprus Agreement; — Article 3 of the Jordan – Czech Republic Agreement; — Article 2 of the Jordan – Denmark Agreement; — Article 3 of the Jordan – Finland Agreement; — Article 3 of the Jordan – Germany Agreement; — Article 3 of the Jordan – Greece Agreement; — Article 3 of the Jordan – Ireland Agreement; — Article 3 of the Jordan – Italy Agreement; — Article 3 of the Draft Jordan – Malta Agreement; — Article 2 of the Jordan – Netherlands Agreement; — Article 3 of the Jordan – Poland Agreement; — Article 3 of the Draft Jordan – Portugal Agreement; — Article 3 of the Jordan – Romania Agreement; — Article 3 of the Jordan – Spain Agreement; — Article 2 of the Jordan – Sweden Agreement; — Article 3 of the Jordan – UK Agreement; — Article 4 of the Draft Revised Jordan – UK Agreement.

(b) Refusal, revocation, suspension or limitation of authorisations or permissions: — Article 4 of the Jordan – Austria Agreement; — Article 5 of the Jordan – Belgium Agreement; — Article 3 of the Jordan – Bulgaria Agreement; — Article 6 of the Jordan – Cyprus Agreement; — Article 3 of the Jordan – Czech Republic Agreement; — Article 3 of the Jordan – Denmark Agreement; — Article 3 and 4 of the Jordan – Finland Agreement; — Article 6 of the Jordan – France Agreement; — Article 4 of the Jordan – Germany Agreement; — Article 6 of the Jordan – Greece Agreement; — Article 3 of the Jordan – Ireland Agreement; — Article 3 of the Jordan – Italy Agreement; — Article 5 of the Jordan – Luxembourg Agreement; — Article 4 of the Draft Jordan – Malta Agreement; — Article 5 of the Jordan – Netherlands Agreement; — Article 3 of the Jordan – Poland Agreement; — Article 3 and 4 of the Draft Jordan – Portugal Agreement; — Article 4 of the Jordan – Romania Agreement; — Article 4 of the Jordan – Spain Agreement; — Article 3 of the Jordan – Sweden Agreement; — Article 4 of the Jordan – UK Agreement; — Article 5 of the Draft Revised Jordan – UK Agreement.

(c) Regulatory control: — Article 7 of the Draft Jordan – Malta Agreement.

(d) Taxation of aviation fuel: — Article 8 of the Jordan – Austria Agreement; — Article 3 of the Jordan – Belgium Agreement; — Article 9 of the Jordan – Bulgaria Agreement; — Article 7 of the Jordan – Cyprus Agreement; — Article 8 of the Jordan – Czech Republic Agreement; — Article 4 of the Jordan – Denmark Agreement; — Article 5 of the Jordan – Finland Agreement; — Article 3 of the Jordan – France Agreement; — Article 6 of the Jordan – Germany Agreement; — Article 7 of the Jordan – Greece Agreement; — Article 13 of the Jordan – Ireland Agreement; — Article 5 of the Jordan – Italy Agreement; — Article 3 of the Jordan – Luxembourg Agreement; — Article 5 of the Draft Jordan – Malta Agreement; — Article 3 of the Jordan – Netherlands Agreement; — Article 8 of the Jordan – Poland Agreement; — Article 6 of the Draft Jordan – Portugal Agreement; — Article 8 of the Jordan – Romania Agreement; — Article 5 of the Jordan – Spain Agreement; — Article 4 of the Jordan – Sweden Agreement; — Article 5 of the Jordan – UK Agreement; — Article 8 of the Draft Revised Jordan – UK Agreement.

(e) Tariffs for Carriage within the European Community: — Article 10 of the Jordan – Austria Agreement; — Article 6 of the Jordan – Belgium Agreement; — Article 11 of the Jordan – Bulgaria Agreement; — Article 10 of the Jordan – Cyprus Agreement; — Article 10 of the Jordan – Czech Republic Agreement; — Article 7 of the Jordan – Denmark Agreement; — Article 8 of the Jordan – Finland Agreement; — Article 16 of the Jordan – France Agreement; — Article 9 of the Jordan – Germany Agreement; — Article 9 of the Jordan – Greece Agreement; — Article 7 of the Jordan – Ireland Agreement; — Article 8 of the Jordan – Italy Agreement; — Article 6 of the Jordan – Luxembourg Agreement; — Article 10 of the Draft Jordan – Malta Agreement; — Article 6 of the Jordan – Netherlands Agreement; — Article 10 of the Jordan – Poland Agreement; — Article 9 of the Draft Jordan – Portugal Agreement; — Article 7 of the Jordan – Romania Agreement; — Article 11 of the Jordan – Spain Agreement; — Article 7 of the Jordan – Sweden Agreement; — Article 8 of the Jordan – UK Agreement; — Article 7 of the Draft Revised Jordan – UK Agreement.

ANNEX 3

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);