Proposal for a Council Decision on the conclusion of the Agreement between the European Community and the Government of Australia on certain aspects of air services
Date: 2005-06-21
Institutions: European Commission
Subjects: Australia, agreement (EU), air transport, common transport policy, ratification of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 21.06.2005 
COM(2005) 264 final 

2005/0112 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the signature and provisional application of the Agreement between the European 
Community and the Government of Australia on certain aspects of air services 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Community and the 
Government of Australia 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 traditionally 
been  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 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  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 Australia that replaces certain provisions in the 
existing bilateral air services agreements between Member States and Australia. 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. Article 4 
(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 
Government  of  Australia  on  certain  aspects  of  air  services  and  to  designate  the  persons 
authorised 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 Government of Australia 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(2),  in  conjunction  with  the  first  sentence  of  the  first  subparagraph  of  Article  300  (2) 
thereof, 

Having regard to the proposal from the Commission2, 

Whereas: 

(1) 

(2) 

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; 

On behalf of the Community, the Commission has negotiated an Agreement with the 
Government  of  Australia  on  certain  aspects  of  air  services  in  accordance  with  the 
mechanisms  and  directives  in  the  Annex  to  the  Council  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  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 Government 
of Australia 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 7(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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2005/0112 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Community and the 
Government of Australia 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(2) in conjunction with the first sentence of the first subparagraph of Article 300 (2) and the 
first subparagraph of Article 300 (3) thereof, 

Having regard to the proposal from the Commission3, 

Having regard to the opinion of the European Parliament4, 

Whereas: 

(1) 

(2) 

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; 

On behalf of the Community, the Commission has negotiated an Agreement with the 
Government  of  Australia  on  certain  aspects  of  air  services  in  accordance  with  the 
mechanisms  and  directives  in  the  Annex  to  the  Council  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) 

The  Agreement  was  signed  on  behalf  of  the  Community  on  subject  to  its  possible 
conclusion at a later date, in conformity with Decision …/…/EC of the Council on 5;  

(4) 

The Agreement should be approved, 

HAS DECIDED AS FOLLOWS:  

Article 1  

The Agreement between the European Community and the Government of Australia 
on certain aspects of air services is approved on behalf of the Community. 

OJ C […] […], p. […] 
OJ C […] […], p. […] 
OJ C […] […], p. […] 

1. 

3 
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 7(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 Australia  

on certain aspects of air services 

THE EUROPEAN COMMUNITY  

of the one part, and  

THE GOVERNMENT OF AUSTRALIA  

of the other part 

(hereinafter referred to as ‘the Contracting Parties’) 

NOTING  that  the  European  Court  of  Justice  has  found  that  certain  provisions  of  bilateral 
agreements entered into by several Member States with third countries are incompatible with 
Community law, 

NOTING  that  a  number  of  bilateral  air  services  agreements  have  been  concluded  between 
several  Member  States  of  the  European  Community  and  Australia  containing  similar 
provisions  and  that  there  is  an  obligation  on  Member  States  to  take  all  appropriate  steps  to 
eliminate incompatibilities between such agreements and the EC Treaty, 

NOTING that the European Community has exclusive competence with respect to a number 
of 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  consistency  between  European  Community  law  and  provisions  of 
bilateral  air  service  agreements  between  Member  States  of  the  European  Community  and 
Australia will provide a sound legal basis for air services between the European Community 
and Australia and preserve the continuity of such air services, 

NOTING  that provisions of the bilateral air services  agreements between  Member States of 
the  European  Community  and  Australia,  which  are  not  inconsistent  with  European 
Community law, do not need to be amended or replaced, 

NOTING that it is not a purpose of the European Community in this Agreement to increase 
the total volume of air traffic between the European Community and Australia, to affect the 
balance  between  Community  air  carriers  and  air  carriers  of  Australia,  or  to  prevail  over  the 

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interpretation of the provisions of existing bilateral air service agreements concerning traffic 
rights, 

HAVE AGREED AS FOLLOWS:  

ARTICLE 1 

General Provisions 

1. 

2. 

3. 

1. 

2. 

3. 

For the purposes of this Agreement, ‘Member States’ shall mean Member States of 
the European Community; ‘Contracting Party’ shall mean a contracting party to this 
Agreement;  ‘party’  shall  mean  the  contracting  party  to  the  relevant  bilateral  air 
services  agreement;  ‘air  carrier’  shall  also  mean  airline;  ‘territory  of  the  European 
Community’  shall  mean  territories  of  the  Member  States  to  which  the  Treaty 
establishing the European Community applies. 

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, Authorisation and Revocation  

The  provisions  in  paragraphs  3  and  4  of  this  Article  shall  prevail  over  the 
corresponding provisions in the articles listed in Annex 2 (a) and (b) respectively, in 
relation  to  the  designation  of  air  carriers  by  the  Member  State  concerned,  its 
authorisations  and  permissions  granted  by  Australia,  and  the  refusal,  revocation, 
suspension  or  limitation  of  the  authorisations  or  permissions  of  the  air  carrier, 
respectively. 

The  provisions  in  paragraphs  3  and  4  of  this  Article  shall  prevail  over  the 
corresponding provisions in the articles listed in Annex 2 (a) and (b) respectively, in 
relation  to  the  designation  of  air  carriers  by  Australia,  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. 

On  receipt  of  such  a  designation,  and  of  applications  from  the  designated  air 
carrier(s),  in  the  form  and  manner  prescribed  for  operating  authorisations  and 
technical  permissions,  each  party  shall,  subject  to  paragraphs  4  and  5  grant  the 
appropriate  authorisations  and  permissions  with  minimum  procedural  delay, 
provided that:  

a. 

in the case of an air carrier designated by a Member State: 

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(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  from  a  Member  State  in  accordance  with 
European Community law; and 

(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  has  its  principal  place  of  business  in  the  territory  of  the 
Member  State  from  which  it  has  received  the  valid  Operating  Licence; 
and 

(iv.)  the  air  carrier  is  owned  directly  or  through  majority  ownership  and  is 
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. 

b. 

in the case of an air carrier designated by Australia: 

(i.)  Australia has and maintains effective regulatory control of the air carrier; 

and 

ii.) 

it has its principal place of business in Australia.  

4. 

Either  party  may  refuse,  revoke,  suspend  or  limit  the  operating  authorisation  or 
technical permissions of an air carrier designated by the other party where: 

(a) 

in the case of an air carrier designated by a Member State: 

(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  from  a  Member  State  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 does not have its principal place of business in the territory 
of the Member State from which it has received its Operating Licence; or 

(iv.)  the air carrier is not owned directly or through majority ownership and 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; or 

(v.) 

the air carrier is already authorised to operate under a bilateral agreement 
between  Australia  and  another  Member  State  and  Australia  can 
demonstrate that, by exercising traffic rights under this Agreement on a 

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route  that  includes  a  point  in  that  other  Member  State,  it  would  be 
circumventing  restrictions  on  the  third  or  fourth  or  fifth  freedom  traffic 
rights imposed by that other agreement; or 

(vi.)  the  air  carrier  holds  an  Air  Operators  Certificate  issued  by  a  Member 
State  and  there  is  no  bilateral  air  services  agreement  between  Australia 
and that Member State and Australia can demonstrate that the necessary 
traffic  rights  to  conduct  the  proposed  operation  are  not  reciprocally 
available to the designated air carrier(s) of Australia; 

(b) 

in the case of an air carrier designated by Australia: 

(i.)  Australia is not maintaining effective regulatory control of the air carrier; 

or 

ii.) 

it does not have its principal place of business in Australia. 

In  exercising  its  right  under  paragraph  4,  and  without  prejudice  to  its  rights  under 
paragraph 4(a) (v) and (vi) of this Article, Australia shall not discriminate between 
air carriers of Member States on the grounds of nationality. 

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 (the first Member State) has designated an air carrier whose 
regulatory control is exercised and maintained by a second Member State, the rights 
of Australia under the safety provisions of the agreement between the first Member 
State that has designated the air carrier and Australia shall apply equally in respect of 
the  adoption,  exercise  or  maintenance  of  safety  standards  by  that  second  Member 
State and in respect of the operating authorisation of that air carrier. 

ARTICLE 4 

Tariffs for carriage within the European Community 

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

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

5. 

1. 

2. 

1. 

2. 

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ARTICLE 5 

Annexes to the Agreement 

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

ARTICLE 6 

Revision or amendment 

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

ARTICLE 7 

Entry into force  

This Agreement shall enter in force when the Contracting 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 Australia 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 8 

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. 

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, and Swedish languages. In case of divergence 
the English text shall prevail over the other language texts. 

FOR THE EUROPEAN COMMUNITY: 

FOR THE GOVERNMENT OF AUSTRALIA: 

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List of agreements referred to in Article 1 of this Agreement 

(a) 

Air services agreements between the Commonwealth of Australia 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  

Annex 1  

–  Agreement between the Austrian Federal Government and the Government of the 
Commonwealth of Australia relating to Air Services done at Vienna on 22 March 
1967, as amended; hereinafter referred to as “Australia-Austria Agreement”; 

Amended  by  the  Memorandum  of  Understanding  signed  at  Vienna  on  25 

March 1999. 

–  Air  Services  Agreement  between  the  Government  of  the  Kingdom  of  Denmark 
and  the  Government  of  Australia  initialled  at  Canberra  on  16  October  1998; 
hereinafter referred to as “Draft Australia-Denmark Agreement” ;  

Supplemented  by  the  Memorandum  of  Understanding  on  the  co-operation 
between  the  Scandinavian  countries  regarding  Scandinavian  Airlines 
System (SAS) initialled at Canberra on 16 October 1998; 

Supplemented by the Agreed Minutes dated 16 October 1998. 

–  Agreement  between  the  Government  of  the  Republic  of  Finland  and  the 
Government of the Commonwealth of Australia relating to Air Services initialled 
on 15 June 1999; hereinafter referred to as “Draft Australia-Finland Agreement”; 

Supplemented by the Memorandum of Understanding signed at Helsinki on 15 

June 1999. 

–  Agreement between the Government of the Commonwealth of Australia and  the 
Government  of  the  French  Republic  and  relating  to  Air  Transport  done  at 
to  as ”Australia-France 
Canberra  on  13  April  1965;  hereinafter  referred 
Agreement” ; 

Modified by Exchange of Letters signed in Paris on 22 December 1970 and 7 

January 1971.  

–  Agreement between the Federal Republic of Germany and the Commonwealth of 
Australia  relating  to  Air  Transport  done  at  Bonn  on  22  May  1957,  as  amended; 
hereinafter referred to as “Australia-Germany Agreement”. 

–  Agreement  between  the  Government  of  the  Kingdom  of  Greece  and  the 
Government  of  the  Commonwealth  of  Australia  relating  to  Air  Services done  at 
Athens on 10 June 1971, as amended; hereinafter referred to as “Australia-Greece 
Agreement”. 

–  Agreement  between 

the 
Government  of  Australia  relating  to  Air  Services initialled  at  Athens  on  11 
November  1997  and  attached  to  the  Memorandum  of  Understanding  signed  at 

the  Hellenic  Republic  and 

the  Government  of 

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Athens on 11 November 1997; hereinafter referred to as “Draft Revised Australia-
Greece Agreement”. 

–  Air  Transport  Agreement  between  Ireland  and  Australia  concluded  by  exchange 
of notes dated 26 November 1957 and 30 December 1957; hereinafter referred to 
as “Australia-Ireland Agreement”. 

–  Agreement between the Government of the Commonwealth of Australia and  the 
Government of the Republic of Italy relating to Air Services done at Rome on 10 
November  1960,  as  amended,  hereinafter  referred 
to  as  “Australia-Italy 
Agreement”. 

–  Agreement  between  the  Government  of  Australia  and  the  Government  of  the 
Grand-Duchy of Luxembourg on Air Services as annexed to the Memorandum of 
Understanding done at Luxembourg on 3 September 1997; hereinafter referred to 
as “Draft Australia-Luxembourg Agreement”. 

–  Agreement  between  the  Government  of  Malta  and  the  Government  of  Australia 
relating  to  Air  Services,  done  at  Canberra  on  11  September  1996;  hereinafter 
referred to as “Australia-Malta Agreement”; 

Amended by exchange of letters on 1 December 2003. 

–  Agreement between the Government of the Kingdom of the Netherlands and the 
Government  of  the  Commonwealth  of  Australia  for  the  establishment  of  air 
services,  done  at  Canberra  on  25  September  1951;  hereinafter  referred  to  as 
“Australia-Netherlands Agreement”. 

–  Agreement  between  the  Government  of  the  Republic  of  Poland  and  the 
Government  of  Australia  relating  to  Air  Services,  done  in  Warsaw  on  28  April 
2004; hereinafter referred to as “Australia-Poland Agreement”. 

–  Air Services Agreement between the Government of the Kingdom of Sweden and 
the  Government  of  Australia  initialled  at  Canberra  on  16  October  1998; 
hereinafter referred to as “Draft Australia-Sweden Agreement”; 

Supplemented  by  the  Memorandum  of  Understanding  on  the  co-operation 
between  the  Scandinavian  countries  regarding  Scandinavian  Airlines 
System (SAS) initialled at Canberra on 16 October 1998; 

Supplemented by the Agreed Minutes dated 16 October 1998. 

–  Agreement between the Government of the United Kingdom of Great Britain and 
Northern Ireland and the Government of the Commonwealth of Australia for Air 
Services  between  and  beyond  their  respective  territories,  done  at  London  on  7 
February 1958; hereinafter referred to as “Australia-United Kingdom Agreement”.  

–  Revised  Agreement  between  the  Government  of  the  United  Kingdom  of  Great 
Britain  and  Northern  Ireland  and  the  Government  of  Australia  concerning  Air 
Services as provided for in the Memorandum of Understanding signed at London 
on 14 November 1996; hereinafter referred to as “Draft Revised Australia-United 
Kingdom Agreement”; 

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Amended by the Agreed Minute signed at Canberra on 11 February 1999; 

Amended by the Agreed Record signed at London on 28 October 1999. 

(b) 

Air  services  agreements  and  other  arrangements  initialled  or  signed  between 
the  Commonwealth  of  Australia  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  

[Annex 1b is 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 

(a) 

Designation by a Member State: 

Annex 2 

–  Article 4 of the Australia-Austria Agreement; 

–  Article 3 of the Draft Australia-Denmark Agreement; 

–  Article 3 of the Australia-Germany Agreement; 

–  Article 4 of the Australia-Greece Agreement; 

–  Article 4 of the Draft Australia-Greece Agreement; 

–  Article 3 of the Draft Australia-Luxembourg Agreement; 

–  Article 4 of the Australia-Ireland Agreement; 

–  Article 4 of the Australia-Italy Agreement; 

–  Article 4 of the Australia-Malta Agreement; 

–  Article 3 of the Australia-Netherlands Agreement; 

–  Article 2 of the Australia-Poland Agreement; 

–  Article 3 of the Draft Australia-Sweden Agreement; 

–  Article 3 of the Draft Revised Australia-United Kingdom Agreement. 

(b) 

Refusal, Revocation, Suspension or Limitation of Authorisations or Permissions: 

–  Article 7 of the Australia-Austria Agreement; 

–  Article 4 of the Draft Australia-Denmark Agreement; 

–  Article 5 of the Draft Australia-Finland Agreement; 

–  Article 8 of the Australia-France Agreement; 

–  Article 4 of the Australia-Germany Agreement; 

–  Article 5 of the Australia-Greece Agreement; 

–  Article 5 of the Draft Australia-Greece Agreement; 

–  Article 7 of the Australia-Ireland Agreement; 

–  Article 5 of the Australia-Italy Agreement; 

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–  Article 4 of the Draft Australia-Luxembourg Agreement; 

–  Article 5 of the Australia-Malta Agreement; 

–  Article 6 of the Australia-Netherlands Agreement; 

–  Article 2 of the Australia-Poland Agreement; 

–  Article 4 of the Draft Australia-Sweden Agreement; 

–  Article 3 of the Draft Revised Australia-United Kingdom Agreement. 

(c) 

Regulatory control: 

–  Article 10 of the Australia-Austria Agreement; 

–  Article 17 of the Draft Australia-Denmark Agreement; 

–  Article 8 of the Draft Australia-Finland Agreement; 

–  Attachment  C  to  the  Memorandum  of  Understanding  between  the  aeronautical 
authorities  of  the  Government  of  Australia  and  the  Government  of  the  Federal 
Republic  of  Germany,  signed  at  Canberra  on  12  June  1998  –  as  applied 
provisionally in the framework of the Australia – Germany Agreement;  

–  Article 8 of the Draft Australia-Greece Agreement; 

–  Article 7 of the Draft Australia-Luxembourg Agreement; 

–  Article 8 of the Australia-Malta Agreement; 

–  Attachment  C  to  the  Memorandum  of  Understanding  between  the  aeronautical 
authorities of the Government of Australia and the Government of the Kingdom 
of  the  Netherlands,  signed  at  The  Hague  on  4  September  1997  –  as  applied 
provisionally in the framework of the Australia-Netherlands Agreement 

–  Article 5 of the Australia-Poland Agreement; 

–  Article 17 of the Draft Australia-Sweden Agreement; 

–  Article 11 of the Draft Revised Australia-United Kingdom Agreement. 

(d) 

Tariffs for carriage within the European Community: 

–  Article 11 of the Australia-Austria Agreement;  

–  Article 13 of the Draft Australia-Denmark Agreement; 

–  Article10 of the Australia-France Agreement; 

–  Article 9 of the Australia-Germany Agreement; 

–  Article 9 of the Australia-Greece Agreement; 

EN 

17 

   EN 

 
–  Article 14 of the Draft Australia-Greece Agreement; 

–  Article 9 of the Australia-Ireland Agreement; 

–  Article 9 of the Australia-Italy Agreement; 

–  Article 11 of the Draft Australia-Luxembourg Agreement;  

–  Article 14 of the Australia-Malta Agreement; 

–  Section IV of the Annex to the Australia-Netherlands Agreement; 

–  Article 10 of the Australia-Poland Agreement; 

–  Article 13 of the Draft Australia-Sweden Agreement; 

–  Article 7 of the Draft Revised Australia-United Kingdom Agreement. 

EN 

18 

   EN 

 
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). 

EN 

19 

   EN