Proposal for a Council Decision on the signature and provisional application of the Agreement between the European Community and the Republic of Bulgaria on certain aspects of air services
Date: 2005-04-22
Institutions: European Commission
Subjects: Bulgaria, agreement (EU), air transport, common transport policy, signature of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 22.4.2005 
COM(2005) 158 final 

2005/0060 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the signature and provisional application of the Agreement between the European 
Community and the Republic of Bulgaria 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 Bulgaria 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 Bulgaria that replaces certain 
provisions  in  the  existing  bilateral  air  services  agreements  between  Member  States  and  the 
Republic of Bulgaria. 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 Bulgaria 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 Bulgaria 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  Bulgaria  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. 

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 Bulgaria on certain aspects of air services. 

2 

OJ C , , p. . 

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2. 

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 
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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2005/0060 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Community and the Republic 
of Bulgaria 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) 

(3) 

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  Bulgaria  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; 

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 on 
……….5  

(4) 

This agreement should be approved. 

HAS DECIDED AS FOLLOWS:  

Article 1 

The  agreement between the European  Community and the Republic of Bulgaria 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 
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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 Republic of Bulgaria 
on certain aspects of air services 

THE EUROPEAN COMMUNITY  

of the one part, and  

THE REPUBLIC OF BULGARIA  

(hereinafter referred to as ‘Bulgaria’) 

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 Bulgaria 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 Bulgaria, 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 Bulgaria and to preserve the continuity of such air services, 

NOTING  that  it  is  not  a  purpose  of  the  European  Community,  as  part  of  these  negotiations,  to 
increase the total volume of air traffic between the European Community and Bulgaria, to affect the 
balance between Community air carriers and air carriers of Bulgaria, 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.  

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2. 

3. 

1. 

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 

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  Bulgaria,  and  the  refusal,  revocation,  suspension  or  limitation  of 
the  authorisations  or  permissions  of  the  air  carrier,  respectively.  The  provisions  in 
paragraphs  4  and  5  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  Bulgaria,  its  authorisations  and  permissions  granted  by  the  Member  State 
concerned,  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,  Bulgaria  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  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 
iii. 
ownership by Member States and/or nationals of Member States, 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. 

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

the  air  carrier  is  not  established  in  the  territory  of  the  designating  Member  State 
i. 
under the Treaty establishing the European Community or does not have a valid Operating 
Licence in accordance with European Community law; 

effective regulatory control of the air carrier is not exercised or not maintained by the 
ii. 
Member  State  responsible  for  issuing  its  Air  Operators  Certificate,  or  the  relevant 
aeronautical authority is not clearly identified in the designation; or 

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

In  exercising  its  right  under  this  paragraph,  Bulgaria  shall  not  discriminate  between 
Community air carriers on the grounds of nationality. 

4. 

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

the  air  carrier  has  a  valid  Operating  Licence  issued  in  accordance  with  Bulgarian 

i 
law; 

effective regulatory control of the air carrier is exercised and maintained by Bulgaria 

ii 
which is responsible for issuing its Air Operators Certificate; and 

the air carrier is owned and shall continue to be owned directly or through majority 
iii 
ownership  by  Bulgaria  and/or  its  natural  person  or  legal  entity,  and  shall  at  all  times  be 
effectively controlled by Bulgaria and/or its natural person or legal entity. 

5. 

A Member State may refuse, revoke, suspend or limit the authorisations or permissions of 
an air carrier designated by Bulgaria where: 

the  air  carrier  does  not  have  a  valid  Operating  Licence  issued  in  accordance  with 

i 
Bulgarian law; 

effective  regulatory  control  of  the  air  carrier  is  not  exercised  or  not  maintained  by 

ii 
Bulgaria which is responsible for issuing its Air Operators Certificate; or 

the  air  carrier  is  not  owned  and  effectively  controlled  directly  or  through  majority 

iii 
ownership by Bulgaria and/or its natural person or legal entity. 

Article 3 
Rights with regard to regulatory control 

1. 

2. 

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 Bulgaria under the safety provisions 
of the agreement between the Member State that has designated the air carrier and Bulgaria 
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). 

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2. 

1. 

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 
Bulgaria  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 

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 Bulgaria 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 

1. 

2. 

3. 

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  Bulgaria  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. 

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Article 9 
Termination 

1. 

2. 

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. 

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

Done at Brussels in duplicate, on this 24 day of January 2005 in the Czech, Danish, Dutch, English, 
Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, 
Portuguese, Slovak, Slovene, Spanish, Swedish and Bulgarian languages. In case of divergence the 
English text shall prevail over the other language texts. 

FOR THE EUROPEAN COMMUNITY: 

FOR THE REPUBLIC OF BULGARIA: 

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Annex 1 

List of agreements referred to in Article 1 of this Agreement 

(a) Air service agreements between Bulgaria 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  Republic  of  Bulgaria  signed  at  Sofia  on  4  November  1997, 
hereinafter referred to “Bulgaria - Austria Agreement” in Annex 2; 

To be read together with the Memorandum of Understanding done at Vienna on 28 June 1996. 

–  Agreement  between  the  Government  of  the  Kingdom  of  Belgium  and  the 
Government of the People’s Republic of Bulgaria relating to Air Transport signed at 
Sofia  on  14  May  1957,  hereinafter  referred  to  “Bulgaria  -  Belgium  Agreement”  in 
Annex 2. 

–  Agreement  between  the  Government  of  the  Republic  of  Cyprus  and  the  People’s 
Republic  of  Bulgaria  on  commercial  Scheduled  Air  Services  signed  at  Nicosia  on  8 
May 1965, hereinafter referred to “Bulgaria - Cyprus Agreement” in Annex 2. 

–  Air  Transport  Agreement  between  the  Government  of  the  Czechoslovak  Socialistic 
Republic  and  the  Government  of  the  Republic  of  Bulgaria  signed  at  Sofia  on  25 
September 1967, in respect of which the Czech Republic declared that it considers itself 
to  be  bound  by  the  provisions  thereof,  hereinafter  referred  to  “Bulgaria  –  Czech 
Republic Agreement” in Annex 2. 

–  Agreement  between  the  Government  of  the  Kingdom  of  Denmark  and  the 
Government  of  the  People’s  Republic  of  Bulgaria  relating  to  Civil  Air  Transport 
signed  at  Sofia  on  24  May  1958,  hereinafter  referred  to  “Bulgaria  -  Denmark 
Agreement” in Annex 2; 

Last supplemented by the Exchange of Letters dated 24 May 1958. 

–  Agreement  between  the  Government  of  the  Republic  of  Finland  and  the 
Government  of  the  People’s  Republic  of  Bulgaria  for  air  services  between  and 
beyond  their  respective  territories  signed  at  Helsinki  on  19  March  1970,  hereinafter 
referred to “Bulgaria - Finland Agreement” in Annex 2. 

–  Air Transport Agreement between the Government of the French Republic and the 
Government of the People’s Republic of Bulgaria relating to Air Transport signed at 
Paris on 4 August 1965, hereinafter referred to “Bulgaria - France Agreement” in Annex 
2; 

Supplemented by the Exchange of Letters dated 4 August 1965; 

Modified by the Exchange of Letters dated 12 June and 10 July 1969; 

Last modified by the Memorandum of Understanding done at Sofia on 26 January 2000. 

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–  Agreement between the Federal Republic of Germany and the Republic of Bulgaria 
relating to Air Service between and beyond their respective territories signed at Sofia on 
11 June 1993, hereinafter referred to “Bulgaria - Germany Agreement” in Annex 2; 

Supplemented by the Memorandum of Understanding done at Sofia on 1 October 2001; 

To be read together with Notes dated 15 August 2002 and 20 April 2004. 

–  Agreement between the Government of the Hellenic Republic and the Government 
of  the  Republic  of  Bulgaria  concerning  Air  Services  between  and  beyond  their 
respective  territories  signed  at  Athens  on  1  November  2002,  hereinafter  referred  to 
“Bulgaria – Greece Agreement” in Annex 2; 

To be read together with the Memorandum of Understanding done at Athens on 23 February 2000. 

–  Agreement  between  the  Government  of  the  Hungarian  People’s  Republic  and  the 
Government of the People’s Republic of Bulgaria concerning Air Transport signed at 
Sofia  on  29  August  1969,  hereinafter  referred  to  “Bulgaria  –  Hungary  Agreement”  in 
Annex 2. 

–  Air Services Agreement between the Government of Ireland and the Government of 
the  Republic  of  Bulgaria  signed  at  Dublin  on  27  July  1995,  hereinafter  referred  to 
“Bulgaria - Ireland Agreement” in Annex 2; 

–  Agreement between the Government of the Republic of Italy and the Government 
of the People’s Republic of Bulgaria relating to Civil Air Transport signed at Sofia on 
27 May 1974, hereinafter referred to “Bulgaria - Italy Agreement” in Annex 2; 

To be read together with the Agreed Record done at Rome on 4 April 1974; 

Last modified by the Memorandum of Understanding done at Rome on 25 July 1997. 

–  Agreement between the Government of the Republic of Latvia and the Government 
of  the  Republic  of  Bulgaria  concerning  Air  Services  between  and  beyond  their 
respective  territories  signed  at  Warsaw  on  19  May  1999,  hereinafter  referred  to 
“Bulgaria - Latvia Agreement” in Annex 2. 

–  Air  Transport  Agreement  between  the  Government  of  the  Grand-Duchy  of 
Luxembourg  and  the  Government  of  the  People’s  Republic  of  Bulgaria  signed  at 
Sofia  on  8  May  1965,  hereinafter  referred  to  “Bulgaria  -  Luxembourg  Agreement”  in 
Annex 2. 

–  Agreement between the Government of the Republic of Malta and the Government 
of  the  People’s  Republic  of  Bulgaria  for  Air  Services  between  and  beyond  their 
respective territories signed at Varna on 23 July 1982, hereinafter referred to “Bulgaria - 
Malta Agreement” in Annex 2; 

To be read together with the Memorandum of Understanding done at Malta on 12 April 1982. 

–  Agreement  between  the  Government  of  the  Kingdom  of  the  Netherlands  and  the 
Government of the People’s Republic of Bulgaria relating to Air Transport signed at 

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Sofia on 7 February 1958, hereinafter referred to “Bulgaria - Netherlands Agreement” 
in Annex 2; 

Last supplemented by the Memorandum of Understanding done at The Hague on 6 August 2002. 

–  Air  Transport  Agreement  between  the  Government  of  the  Polish  Republic  and  the 
Government  of  the  People’s  Republic  of  Bulgaria  signed  at  Warsaw  on  16  May 
1949, hereinafter referred to “Bulgaria - Poland Agreement” in Annex 2. 

–  Air Transport Agreement between the Government of Portugal and the Government 
of the People’s Republic of Bulgaria signed at Lisbon on 22 October 1975, hereinafter 
referred to “Bulgaria - Portugal Agreement” in Annex 2. 

–  Air  Transport  Agreement  between the  Government  of  the  Slovak  Republic  and  the 
Government  of  the  Republic  of  Bulgaria  signed  at  Sofia  on  8  December  1995, 
hereinafter referred to “Bulgaria – Slovakia Agreement” in Annex 2. 

–  Air Services Agreement between the Government of Spain and the Government of 
the  People’s  Republic  of  Bulgaria  signed  at  Sofia  on  6  November  1971,  hereinafter 
referred to “Bulgaria – Spain Agreement” in Annex 2; 

Last modified by the Agreed Minutes done at Sofia on 21 October 1978. 

–  Agreement  between  the  Government  of  the  Kingdom  of  Sweden  and  the 
Government  of  the  People’s  Republic  of  Bulgaria  relating  to  Civil  Air  Transport 
signed  at  Sofia  on  17  April  1957,  hereinafter  referred  to  “Bulgaria  -  Sweden 
Agreement” in Annex 2. 

–  Agreement  between  the  Government  of  the  United  Kingdom  of  Great  Britain  and 
Northern Ireland and the Government of the People’s Republic of Bulgaria for Air 
Services  between  and  beyond  their  respective  territories  signed  at  London  on  28  May 
1970, hereinafter referred to “Bulgaria – UK Agreement” in Annex 2; 

Amended by an Exhange of Notes of 23 august 1973. 

To be read together with the Memorandum of Understanding done at London on 15 January 1998. 

(b) Air service agreements and other arrangements initialled or signed between Bulgaria 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] 

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

Annex 2 

(a) Designation by a Member State: 

–  Article 3 of the Bulgaria – Austria Agreement; 

–  Article 2 of the Bulgaria – Belgium Agreement; 

–  Article 3 of the Bulgaria – Cyprus Agreement; 

–  Article 2 of the Bulgaria – Czech Republic Agreement; 

–  Article 2 of the Bulgaria – Denmark Agreement; 

–  Article 3 of the Bulgaria – Finland Agreement; 

–  Article 3 of the Bulgaria – France Agreement; 

–  Article 3 of the Bulgaria – Germany Agreement; 

–  Article 3 of the Bulgaria – Greece Agreement; 

–  Article 3 of the Bulgaria – Hungary Agreement; 

–  Article 3 of the Bulgaria – Ireland Agreement; 

–  Article 3 of the Bulgaria – Italy Agreement; 

–  Article 3 of the Bulgaria – Latvia Agreement; 

–  Article 3 of the Bulgaria – Luxembourg Agreement; 

–  Article 3 of the Bulgaria – Malta Agreement; 

–  Article 2 of the Bulgaria – Netherlands Agreement; 

–  Article 2 of the Bulgaria – Poland Agreement; 

–  Article 3 of the Bulgaria – Portugal Agreement; 

–  Article 3 of the Bulgaria – Slovakia Agreement; 

–  Article 4 of the Bulgaria – Spain Agreement; 

–  Article 2 of the Bulgaria – Sweden Agreement; 

–  Article 3 of the Bulgaria – UK Agreement. 

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(b) Refusal, Revocation, Suspension or Limitation of Authorisations or Permissions: 

–  Article 4 of the Bulgaria – Austria Agreement; 

–  Article 2 of the Bulgaria – Belgium Agreement; 

–  Article 4 of the Bulgaria – Cyprus Agreement; 

–  Article 2 of the Bulgaria – Denmark Agreement; 

–  Article 3.4 of the Bulgaria – Finland Agreement; 

–  Article 3 of the Bulgaria – France Agreement; 

–  Article 4 of the Bulgaria – Germany Agreement; 

–  Article 4 of the Bulgaria – Greece Agreement; 

–  Article 4 of the Bulgaria – Hungary Agreement; 

–  Article 3 of the Bulgaria – Ireland Agreement; 

–  Article 4 of the Bulgaria – Italy Agreement; 

–  Articles 4 of the Bulgaria – Latvia Agreement; 

–  Article 4 of the Bulgaria – Luxembourg Agreement; 

–  Article 4 of the Bulgaria – Malta Agreement; 

–  Article 2 of the Bulgaria – Netherlands Agreement; 

–  Article 6 of the Bulgaria – Poland Agreement; 

–  Article 5 of the Bulgaria – Portugal Agreement; 

–  Article 4 of the Bulgaria – Slovakia Agreement; 

–  Article 4 of the Bulgaria – Spain Agreement; 

–  Article 2 of the Bulgaria – Sweden Agreement; 

–  Article 4 of the Bulgaria – UK Agreement. 

(c) Regulatory control: 

–  Article 7 of the Bulgaria – Greece Agreement; 

–  Article 11a of the Bulgaria – Germany Agreement; 

–  Article 12 bis of the Bulgaria – France Agreement; 

–  Article 9 ter of the Bulgaria – Italy Agreement. 

EN 

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   EN 

 
(d) Taxation of Aviation Fuel: 

–  Article 7 of the Bulgaria – Austria Agreement; 

–  Article 5 of the Bulgaria – Belgium Agreement; 

–  Article 8 of the Bulgaria – Cyprus Agreement; 

–  Article 4 of the Bulgaria – Czech Republic Agreement; 

–  Article 5 of the Bulgaria – Denmark Agreement; 

–  Article 6 of the Bulgaria – Finland Agreement; 

–  Article 10 of the Bulgaria – France Agreement; 

–  Article 7 of the Bulgaria – Germany Agreement; 

–  Article 10 of the Bulgaria – Greece Agreement; 

–  Article 12 of the Bulgaria – Hungary Agreement; 

–  Article 11 of the Bulgaria – Ireland Agreement; 

–  Article 8 of the Bulgaria – Italy Agreement; 

–  Article 7 of the Bulgaria – Latvia Agreement; 

–  Article 7 of the Bulgaria – Luxembourg Agreement; 

–  Article 6 of the Bulgaria – Malta Agreement; 

–  Article 4 of the Bulgaria – Netherlands Agreement; 

–  Article 3 of the Bulgaria – Poland Agreement; 

–  Article 7 of the Bulgaria – Portugal Agreement; 

–  Article 8 of the Bulgaria – Slovakia Agreement; 

–  Article 11 of the Bulgaria – Spain Agreement; 

–  Article 5 of the Bulgaria – Sweden Agreement; 

–  Article 5 of the Bulgaria – UK Agreement. 

(e) Tariffs for Carriage within the European Community: 

–  Article 11 of the Bulgaria – Austria Agreement; 

–  Article 4 of the Bulgaria – Belgium Agreement; 

–  Article 6 of the Bulgaria – Cyprus Agreement; 

EN 

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   EN 

 
–  Article 10 of the Bulgaria – Czech Republic Agreement; 

–  Article 6 of the Bulgaria – Denmark Agreement; 

–  Article 8 of the Bulgaria – Finland Agreement; 

–  Article 13 of the Bulgaria – France Agreement; 

–  Article 8 of the Bulgaria – Germany Agreement; 

–  Article 13 of the Bulgaria – Greece Agreement; 

–  Article 6 of the Bulgaria – Hungary Agreement; 

–  Article 6 of the Bulgaria – Ireland Agreement; 

–  Article 7 of the Bulgaria – Italy Agreement; 

–  Article 9 of the Bulgaria – Latvia Agreement; 

–  Article 5 of the Bulgaria – Luxembourg Agreement; 

–  Article 9 of the Bulgaria – Malta Agreement; 

–  Article 3 of the Bulgaria – Netherlands Agreement; 

–  Article 4 of the Annex to the Bulgaria – Poland Agreement; 

–  Article 10 of the Bulgaria – Portugal Agreement; 

–  Article 10 of the Bulgaria – Slovakia Agreement; 

–  Article 6 of the Bulgaria – Spain Agreement; 

–  Article 6 of the Bulgaria – Sweden Agreement; 

–  Article 9 of the Bulgaria – UK Agreement. 

EN 

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   EN 

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

ANNEX 3 

(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 

19 

   EN