Proposal for a Council Decision on the signature and provisional application of the Agreement between the European Community and the Republic of Azerbaijan on certain aspects of air services
Date: 2005-02-25
Institutions: European Commission
Subjects: Azerbaijan, EU relations, air transport, signature of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 25.2.2005 
COM(2005) 60 final 

2005/0011 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the signature and provisional application of the Agreement between the European 
Community and the Republic of Azerbaijan on certain aspects of air services 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Community and the Republic 
of Azerbaijan on certain aspects of air services 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

International  aviation  relations  between  Member  States  and  third  countries  have  been 
traditionally governed by bilateral air services agreements between Member States and third 
countries, their Annexes and other related bilateral or multilateral arrangements. 

Following the judgements of the Court of Justice of the European Communities in the cases 
C-466/98, C-467/98, C-468/98, C-471/98, C-472/98, C-475/98 and C-476/98, the Community 
has exclusive competence with respect to various aspects of external aviation. The Court of 
Justice  also  clarified  the  right  of  Community  air  carriers  to  benefit  from  the  right  of 
establishment within the Community, including the right to non-discriminatory market access. 

Traditional  designation  clauses  in  Member  States’  bilateral  air  services  agreements  infringe 
Community law. They allow a third country to reject, withdraw or suspend the permissions or 
authorisations  of  an  air  carrier  that  has  been  designated  by  a  Member  State  but  that  is  not 
substantially owned and effectively controlled by that Member State or its nationals. This has 
been found to constitute discrimination against Community carriers established in the territory 
of  a  Member  State  but  owned  and  controlled  by  nationals  of  other  Member  States.  This  is 
contrary to Article 43 of the Treaty which guarantees nationals of Member States who have 
exercised their freedom of establishment the same treatment in the host Member State as that 
accorded to nationals of that Member State. 

Following  the  Court  of  Justice  judgements,  the  Council  authorised  the  Commission  in  June 
2003  to  open  negotiations  with  third  countries  on  the  replacement  of  certain  provisions  in 
existing bilateral agreements with a Community agreement.1  

In  accordance  with  the  mechanisms  and  directives  in  the  Annex  to  the  Council’s  decision 
authorising the Commission to open negotiations with third countries on the replacement of 
certain  provisions  in  existing  bilateral  agreements  with  a  Community  agreement,  the 
Commission  has  negotiated  an  agreement  with  the  Republic  of  Azerbaijan  that  replaces 
certain provisions in the existing bilateral air services agreements between Member States and 
the  Republic  of  Azerbaijan.  Article  2  of  the  Agreement  replaces  the  traditional  designation 
clauses  with  a  Community  designation  clause,  permitting  all  Community  carriers  to  benefit 
from  the  right  of  establishment.  Articles  4  and  5  of  the  Agreement  address  two  types  of 
clauses  concerning  matters  of  Community  competence.  Article  4  deals  with  the  taxation  of 
aviation  fuel,  a  matter  which  has  been  harmonised  by  Council  Directive  2003/96/EC 
restructuring  the  Community  framework  for  the  taxation  of  energy  products  and  electricity, 
particularly Article 14 paragraph 2 thereof. Article 5 (Pricing) resolves conflicts between the 
existing  bilateral  air  services  agreements  and  Council  Regulation  No.  2409/92  on  fares  and 
rates  for  air  services  which  prohibits  third  country  carriers  from  being  price  leaders  on  air 
services for carriage wholly within the Community. 

The  Council  is  asked  to  approve  the  decisions  on  the  signature  and  provisional  application 
and on the conclusion of the agreement between the European Community and the Republic 
of Azerbaijan on certain aspects of air services and to designate the persons authorized to sign 
the agreement on behalf of the Community.  

1 

Council decision 11323/03 of 5 June 2003 (restricted document) 

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Proposal for a 

COUNCIL DECISION 

on the signature and provisional application of the Agreement between the European 
Community and the Republic of Azerbaijan on certain aspects of air services 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
80,  paragraph  2,  in  conjunction  with  Article  300,  paragraph  2,  first  sentence  of  the  first 
subparagraph thereof, 

Having regard to the proposal from the Commission2, 

Whereas: 

(1) 

(2) 

The Council has 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; 

The  Commission  has  negotiated  on  behalf  of  the  Community  an  agreement  with  the 
Republic  of  Azerbaijan  on  certain  aspects  of  air  services  in  accordance  with  the 
mechanisms  and  directives  in  the  Annex  to  the  Council’s  decision  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:  

Sole Article  

1. 

2. 

Subject  to  its  subsequent  conclusion  at  a  later  date,  the  President  of  the  Council  is 
hereby authorised to designate the person or persons empowered to sign on behalf of 
the Community the agreement between the European Community and the Republic 
of Azerbaijan on certain aspects of air services. 

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. The President 

2 

OJ C , , p. . 

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of the Council is hereby authorised to make the notification provided in Article 8.2 of 
the agreement. 

3. 

The text of the agreement is annexed to this decision. 

Done at Brussels,  

For the Council 
The President 

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2005/0011 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Community and the Republic 
of Azerbaijan on certain aspects of air services 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
80,  paragraph  2,  in  conjunction  with  Article  300,  paragraph  2,  first  sentence  of  the  first 
subparagraph thereof and Article 300, paragraph 3, first subparagraph, 

Having regard to the proposal from the Commission3, 

Having regard to the opinion of the European Parliament4, 

Whereas: 

(1) 

(2) 

The Council has 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; 

The  Commission  has  negotiated  on  behalf  of  the  Community  an  agreement  with  the 
Republic  of  Azerbaijan  on  certain  aspects  of  air  services  in  accordance  with  the 
mechanisms  and  directives  in  the  Annex  to  the  Council’s  decision  authorising  the 
Commission  to  open  negotiations  with  third  countries  on  the  replacement  of  certain 
provisions in existing bilateral agreements with a Community agreement; 

(3) 

This agreement has been signed on behalf of the Community on subject to its possible 
conclusion at a later date, in conformity with the decision …/…/EC of the Council of 5 

(4) 

This agreement should be approved. 

HAS DECIDED AS FOLLOWS:  

Article 1  

The agreement between the European Community and the Republic of Azerbaijan on 
certain aspects of air services is approved on behalf of the Community. 

OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 

1. 

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4 
5 

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2. 

The text of the agreement is annexed to this decision. 

Article 2 

The  president  of  the  Council  is  authorised  to  designate  the  person  empowered  to  make  the 
notification provided in Article 8.1 of the Agreement. 

Done at Brussels,  

For the Council 
The President 

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ANNEX 

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. 

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HAVE AGREED AS FOLLOWS:  

Article 1 
General Provisions 

1. 

2. 

3. 

1. 

2. 

For the purposes of this Agreement, ‘Member States’ shall mean Member States of 
the European Community.  

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. 

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. 

Article 2 
Designation by a Member State 

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  Republic  of  Azerbaijan,  and  the 
refusal,  revocation,  suspension  or  limitation  of  the  authorisations  or  permissions  of 
the air carrier, respectively. 

On  receipt  of  a  designation  by  a  Member  State,  the  Republic  of  Azerbaijan  shall 
grant  the  appropriate  authorisations  and  permissions  with  minimum  procedural 
delay, provided that: 

i. 

ii. 

iii. 

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;  

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 

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  3  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 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; 

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ii. 

iii. 

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 

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 3 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. 

1. 

2. 

1. 

2. 

3. 

Article 3 
Rights with regard to regulatory control 

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

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 

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

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 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. 

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

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Article 5 
Tariffs for carriage within the European Community 

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

The  tariffs  to  be  charged  by  the  air  carrier(s)  designated  by  the  Republic  of 
Azerbaijan  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 
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. 

Article 8 
Entry into force and provisional application  

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. 

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. 

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  1  (b).  This 
Agreement  shall  apply  to  all  such  Agreements  and  arrangements  upon  their  entry 
into force or provisional application. 

Article 9 
Termination 

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.  

In  the  event  that  all  agreements  listed  in  Annex  1  are  terminated,  this  Agreement 
shall terminate at the same time.  

1. 

2. 

1. 

2. 

3. 

1. 

2. 

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IN  WITNESS  WHEREOF,  the  undersigned,  being  duly  authorised,  have  signed  this 
Agreement. 

Done at [….] in duplicate, on this […] day of […, …] in the Czech, Danish, Dutch, English, 
Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, 
Polish,  Portuguese,  Slovak,  Slovene,  Spanish,  Swedish  and  Azeri  languages.  In  case  of 
divergence the English text shall prevail over the other language texts. 

FOR THE EUROPEAN COMMUNITY: 

FOR THE REPUBLIC OF AZERBAIJAN: 

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Annex 1 

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  04  July  2000, 
hereinafter referred to “Azerbaijan – Austria Agreement” in Annex 2  

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 2; 

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  27.04.2000,  hereinafter  referred  to  “Azerbaijan  –  Denmark 
Agreement” in Annex 2  

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 Republic of Azerbaijan done at Baku at 28 July 
1995, hereinafter referred to “Azerbaijan – Germany Agreement” in Annex 2; 

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 2  

Agreement between the Government of the Republic of Finland and the Government 
of the Republic of Azerbaijan relating to Air Services done at Baku on 29 September 
2000, hereinafter referred to “Azerbaijan – Finland Agreement” in Annex 2  

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 2 ; 

Agreement between the Government of the Italian Republic and the Government of 
the Republic of Azerbaijan relating to Air Services done at Rome on 24 September 
1997, hereinafter referred to “Azerbaijan – Italy Agreement” in Annex 2  

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– 

– 

– 

– 

– 

– 

– 

(b) 

– 

– 

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 2  

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 2  

Agreement between the Government of the Republic of Poland and the Government 
of the Republic of Azerbaijan concerning Civil Air Transport done at Warsaw on 26 
August 1997, hereinafter referred to “Azerbaijan – Poland Agreement” in Annex 2  

Agreement between the Government of the Slovak Republic and the Government of 
the Republic of Azerbaijan relating to Air Services initialled at Baku on 27.10.2000, 
hereinafter referred to “Azerbaijan – Slovak Republic Agreement” in Annex 2  

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 2  

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 
27.04.2000, hereinafter referred to “Azerbaijan – Sweden Agreement” in Annex 2  

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 2  

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 

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 

Agreement between the Government of the Czech Republic and the Government 
of  the  Republic  of  Azerbaijan  relating  to  Air  Services  initialled  at  Prague  on  3 
December 1998, hereinafter referred to “Azerbaijan – Czech Republic Agreement” in 
Annex 2 

Agreement  between  the  Government  of  the  Republic  of  Estonia  and  the 
Government  of  the  Republic  of  Azerbaijan  relating  to  Air  Services  initialled  in 
Tallinn  on  8.11.2002,  hereinafter  referred  to  “Azerbaijan  –  Estonia  Agreement”  in 
Annex 2 

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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, Paragraph 5 of the Azerbaijan – Austria 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 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 (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; 

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– 

– 

– 

– 

– 

– 

– 

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 5, Paragraph 1 (a) of the Azerbaijan – Slovak Republic Agreement; 

Article 4, Paragraph 1(a) of the Azerbaijan – Sweden Agreement; 

Article 4, 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; 

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 8 of the Azerbaijan – Czech Republic Agreement; 

Article 6 of the Azerbaijan – Denmark Agreement  

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– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

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 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 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; 

EN 

16 

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– 

– 

– 

Article 8 of the Azerbaijan – Slovak Republic Agreement; 

Article 10 of the Azerbaijan – Sweden Agreement; 

Article 7 of the Azerbaijan – United Kingdom Agreement. 

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ANNEX 3 

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

(a) 

(b) 

(c) 

(d) 

The Republic of Iceland (under the Agreement on the European Economic Area); 

The Principality of Liechtenstein (under the Agreement on the European Economic 
Area); 

The Kingdom of Norway (under the Agreement on the European Economic Area); 

The Swiss Confederation (under the Agreement between the European Community 
and the Swiss Confederation on Air Transport) 

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