Proposal for a Council Decision on the signature and provisional application of the Agreement between the European Community and New Zealand on certain aspects of air services
Date: 2005-06-22
Institutions: European Commission
Subjects: New Zealand, agreement (EU), air transport, common transport policy, signature of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 22.06.2005 
COM(2005)267 final 

2005/0113(CNS) 

Proposal for a 

COUNCIL DECISION 

on the signature and provisional application of the Agreement between 
the European Community and New Zealand on certain aspects of air services 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Community and 
New Zealand 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 New Zealand that replaces certain provisions 
in  the  existing  bilateral  air  services  agreements  between  Member  States  and  New  Zealand. 
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 New Zealand 
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 New Zealand 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 New 
Zealand  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. 

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 New Zealand 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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2005/0113(CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Community and 
New Zealand 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 New 
Zealand  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  New  Zealand  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 8(1) of the Agreement. 

Done at Brussels, 

For the Council 
The President 

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ANNEX 

AGREEMENT 

between the European Community and New Zealand 

on certain aspects of air services 

THE EUROPEAN COMMUNITY  

of the one part, and  

NEW ZEALAND  

of the other part 

(hereinafter referred to as ‘the Contracting Parties’) 

NOTING that bilateral air service agreements have been concluded between several Member 
States  of  the  European  Community  and  New  Zealand  containing  provisions  that  have  been 
found 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 that Member 
State and third countries, 

HAVING REGARD to the agreements between the European Community and specified 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  New  Zealand,  which  have  been  found  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 New Zealand and to 
preserve the continuity of such air services, 

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 New Zealand, to affect 
the balance between Community air carriers and air carriers of New Zealand, or to amend the 
provisions of existing bilateral air service agreements concerning traffic rights, 

HAVE AGREED AS FOLLOWS: 

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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  an  air  carrier  by  the  Member  State  concerned,  its 
authorisations and permissions granted by New Zealand, and the refusal, revocation, 
suspension  or  limitation  of  the  authorisations  or  permissions  of  the  air  carrier, 
respectively. 

The  provisions  in  paragraph  3  and  4  of  this  Article  shall  prevail  over  the 
corresponding  provisions  in  the  articles  listed  in  Annex  2  (a)  and  (b)  to  this 
Agreement respectively, in relation to the designation of air carriers by New Zealand, 
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, the other 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: 

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 

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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 Operating Licence; and 

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

b) 

in the case of an air carrier designated by New Zealand: 

i. New Zealand has and maintains effective regulatory control of the air carrier; and 

ii. it has its principal place of business and place of incorporation in New Zealand.  

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

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

4. 

a) 

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; 

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 the Operating Licence; or 

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

v. the air carrier is already authorised to operate under a bilateral agreement between 
New Zealand and another Member State and New Zealand can demonstrate that, by 
exercising traffic rights under this Agreement on a route that includes a point in that 
other  Member  State,  it  would  be  circumventing  restrictions  on  the  traffic  rights 
imposed by that other agreement; or 

vi. the air carrier designated holds an Air Operators Certificate issued by a Member 
State and there is no bilateral air services agreement between New Zealand and that 
Member  State  and  that  Member  State  has  denied  traffic  rights  to  the  air  carrier 
designated by New Zealand; or  

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b) 

in the case of an air carrier designated by New Zealand: 

5. 

1. 

2. 

1. 

2. 

i. New Zealand is not maintaining effective regulatory control of the air carrier; or 

ii. it does not have its principal place of business and place of incorporation in New 
Zealand. 

In  exercising  its  right  under  paragraph  4,  and  without  prejudice  to  its  rights  under 
paragraph  4(a)  (v)  and  (vi)  of  this  Article,  New  Zealand  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  has  designated  an  air  carrier  whose  regulatory  control  is 
exercised and maintained by another Member State, the rights of New Zealand under 
the safety provisions of the agreement between the Member State that has designated 
the  air  carrier  and  New  Zealand  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 Member States or New Zealand from 
imposing on a non-discriminatory basis taxes, levies, duties, fees or charges on fuel 
supplied in their respective territories for use in an aircraft of a designated air carrier 
of  a  Member  State  or  New  Zealand  that  operates  between  two  points  within  the 
respective territories of the Contracting Parties.  

ARTICLE 5 

Tariffs  

1. 

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

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2. 

3. 

The tariffs to be  charged by the  air carrier(s) designated by New  Zealand 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. European Community law is applied on a non-discriminatory basis. 

The tariffs to be charged by the air carriers designated by Member States  under an 
agreement listed in Annex 1 containing a provision listed in Annex 2 (e) for carriage 
wholly within New Zealand shall be subject to New Zealand law. New Zealand law 
is applied on a non-discriminatory basis. 

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  

1. 

2. 

3. 

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

Once  the  institutions  of  the  European  Union  will  be  bound  to  publish  all  official  acts  in 
Maltese in the Official Journal of the European Union, the agreement will also be drawn up in 
duplicate in Maltese. 

FOR THE EUROPEAN COMMUNITY: 

FOR NEW ZEALAND: 

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ANNEX 1 

List of agreements referred to in Article 1 of this Agreement 

(a) 

Air  services  agreements  between  New  Zealand  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  New  Zealand  done  at  Vienna  on  14  March  2002;  hereinafter 
referred to as “New Zealand-Austria Agreement”. 

–  Agreement  between  the  Government  of  the  Kingdom  of  Belgium  and  the 
Government of New Zealand relating to Air services done at Wellington on 4 June 
1999; hereinafter referred to as “New Zealand- Belgium Agreement”. 

–  Air  Services  Agreement  between  the  Kingdom  of  Denmark  and  New  Zealand 
done at Wellington on 7 February 2001; hereinafter referred to as “New Zealand-
Denmark Agreement” ; 

Supplemented  by 

the  Agreement  on 

the 
Scandinavian  Countries  regarding  Scandinavian  Airlines  System  (SAS), 
signed at Wellington on 7 February 2001. 

the  Co-operation  between 

–  Agreement between the Government of the French Republic and the Government 
of  New  Zealand  relating  to  Air  Services  done  at  Paris  on  9  November  1967; 
hereinafter referred to as “New Zealand-France Agreement”;  

Last modified by Exchange of Notes both dated 9 August 1971. 

–  Air  Transport  Agreement  between  the  Federal  Republic  of  Germany  and 
New  Zealand  signed  at  Bonn  on  2  November  1987  as  amended;  hereinafter 
referred to as “New Zealand-Germany Agreement”. 

–  Air  Services  Agreement  between  the  Government  of  Ireland  and  the 
Government  of  New  Zealand  done  at  Dublin  on  27  May  1999;  hereinafter 
referred to as “New Zealand-Ireland Agreement”.  

–  Agreement between the Government of New Zealand and the Government of 
the  Italian  Republic  concerning  Air  Services  signed  at  Rome  in  September 
2001; hereinafter referred to as “New Zealand-Italy Agreement”. 

–  Agreement  between  the  Government  of  the  Grand-Duchy  of  Luxembourg 
and the Government of New Zealand on Air Services; done at Wellington on 2 
November  1992;  hereinafter 
to  as  “New  Zealand-Luxembourg 
Agreement”.  

referred 

–  Draft  Agreement  between  the  Government  of  New  Zealand  and  the 
Government of the Kingdom of the Netherlands for Air Services between and 
beyond  their  respective  territories  as  annexed  to  the  Memorandum  of 

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Understanding  signed  at  the  Hague  on  11  May  1999;  hereinafter  referred  to  as 
“Draft New Zealand-Netherlands Agreement”; 

–  Air Transport Agreement between the Kingdom of Spain and New Zealand 
done  at  Madrid  on  6  May  2002;  hereinafter  referred  to  as  “New  Zealand-Spain 
Agreement”. 

–  Air Services Agreement between the Kingdom of Sweden and New Zealand; 
done at Wellington on 7 February 2001; hereinafter referred to as “New Zealand-
Sweden Agreement”; 

Supplemented  by 

the  Agreement  on 

the 
Scandinavian  Countries  regarding  Scandinavian  Airlines  System  (SAS), 
signed at Wellington on 7 February 2001. 

the  Co-operation  between 

–  Agreement between the Government of the United Kingdom of Great Britain 
and  Northern  Ireland  and  the  Government  of  New  Zealand  concerning  Air 
Services done at London on 4 October 1982, as amended; hereinafter referred to 
as “New Zealand-United Kingdom Agreement”. 

(b) 

Air  services  agreements  and  other  arrangements  initialled  or  signed  between 
New  Zealand  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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ANNEX 2 

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

(a) 

Designation by a Member State: 

–  Article 3 of the New Zealand-Austria Agreement; 

–  Article 4 of the New Zealand-Belgium Agreement; 

–  Article 3 of the New Zealand-Denmark Agreement; 

–  Article 3 of the New Zealand-Germany Agreement; 

–  Article 3 of the New Zealand-Ireland Agreement;  

–  Article 4 of the New Zealand-Italy Agreement; 

–  Article 3 of the New Zealand-Luxembourg Agreement;  

–  Article 4 of the Draft New Zealand-Netherlands Agreement;  

–  Article 3 of the New Zealand-Spain Agreement; 

–  Article 3 of the New Zealand-Sweden Agreement; 

–  Article 4 of the New Zealand-United Kingdom Agreement. 

(b) 

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

–  Article 4 of the New Zealand-Austria Agreement;  

–  Article 5 of the New Zealand-Belgium Agreement;  

–  Article 4 of the New Zealand-Denmark Agreement; 

–  Article 8 of the New Zealand-France Agreement; 

–  Article 4 of the New Zealand-Germany Agreement; 

–  Article 4 of the New Zealand-Ireland Agreement;  

–  Article 5 of the New Zealand-Italy Agreement; 

–  Article 4 of the New Zealand-Luxembourg Agreement;  

–  Article 5 of the Draft New Zealand-Netherlands Agreement;  

–  Article 4 of the New Zealand-Spain Agreement; 

–  Article 4 of the New Zealand-Sweden Agreement; 

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–  Article 5 of the New Zealand-United Kingdom Agreement. 

(c) 

Regulatory Control: 

–  Article 6 of the New-Zealand-Austria Agreement; 

–  Article 7 of the New Zealand-Belgium Agreement; 

–  Article 13 of the New Zealand-Denmark Agreement; 

–  Article 11a of the New Zealand-Germany Agreement; 

–  Article 6 of the New Zealand - Ireland Agreement;  

–  Article 11 of the New Zealand-Italy Agreement; 

–  Article 6 of the New Zealand-Luxembourg Agreement; 

–  Article 12 of the Draft New Zealand-Netherlands Agreement; 

–  Article 11 of the New Zealand-Spain Agreement; 

–  Article 13 of the New Zealand-Sweden Agreement. 

(d) 

Taxation of aviation fuel: 

–  Article 7 of the New Zealand-Austria Agreement; 

–  Article 10 of the New Zealand-Belgium Agreement; 

–  Article 5 of the New Zealand-Denmark Agreement; 

–  Article 6 of the New Zealand-France Agreement; 

–  Article 6 of the New Zealand-Germany Agreement; 

–  Article 9 of the New Zealand-Ireland Agreement;  

–  Article 6 of the New Zealand-Italy Agreement; 

–  Article 8 of the New Zealand-Luxembourg Agreement; 

–  Article 10 of the Draft New Zealand-Netherlands Agreement; 

–  Article 5 of the New Zealand-Spain Agreement; 

–  Article 5 of the New Zealand-Sweden Agreement; 

–  Article 8 of the New Zealand – United Kingdom Agreement. 

(e) 

Tariffs for carriage within the European Community: 

–  Article 11 of the New Zealand-Austria Agreement; 

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–  Article 13 of the New Zealand-Belgium Agreement; 

–  Article 9 of the New Zealand-Denmark Agreement; 

–  Article 10 of the New Zealand-France Agreement; 

–  Article 10 of the New Zealand-Germany Agreement; 

–  Article 12 of the New Zealand – Ireland Agreement;  

–  Article 8 of the New Zealand-Italy Agreement; 

–  Article 10 of the New Zealand-Luxembourg Agreement;  

–  Article 6 of the Draft New Zealand-Netherlands Agreement; 

–  Article 7 of the New Zealand-Spain Agreement; 

–  Article 9 of the New Zealand-Sweden Agreement; 

–  Article 7 of the New Zealand-United Kingdom Agreement and provisions relating to tariffs 
as provided for in Paragraphs 4 and 5 of the confidential Memorandum of Understanding 
signed at London on 22 October 1989 and as amended by Paragraph 10 the Memorandum 
of Understanding signed at London on 7 August 1997. 

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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) 

EN 

18 

   EN