Proposal for a Council Decision on the signature and provisional application of the Agreement between the European Community and Serbia and Montenegro on certain aspects of air services
Date: 2005-07-29
Institutions: European Commission
Subjects: European Community, Serbia and Montenegro, air transport, signature of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 29.07.2005 
COM(2005) 353 final 

2005/0141 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the signature and provisional application of the Agreement between the European 
Community and Serbia and Montenegro on certain aspects of air services 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Community and Serbia and 
Montenegro 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  Serbia  and  Montenegro  that  replaces  certain 
provisions in the existing bilateral air services agreements between Member States and Serbia 
and Montenegro. 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  Serbia  and 
Montenegro 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 Serbia and Montenegro 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 
Serbia  and  Montenegro  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  Serbia  and 
Montenegro 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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2005/0141 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Community and Serbia and 
Montenegro 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 
Serbia  and  Montenegro  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  Serbia  and  Montenegro  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 Serbia and Montenegro 
on certain aspects of air services 

THE EUROPEAN COMMUNITY  

of the one part, and  

SERBIA AND MONTENEGRO 

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  Serbia  and  Montenegro  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  certain  provisions  of  the  bilateral  air  service  agreements  between 
Member States of the European Community and Serbia and Montenegro, which are contrary 
to European Community law, must be brought into conformity with it in order to establish a 
sound  legal  basis  for  air  services  between  the  European  Community  and  Serbia  and 
Montenegro 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  Serbia  and 
Montenegro, to affect the balance between Community air carriers and air carriers of Serbia 
and Montenegro, 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. 

2. 

References in each of the agreements listed in Annex 1 to nationals of the Member 
State that is a party to that agreement shall be understood as referring to nationals of 
the Member States of the European Community. 

References in each of the agreements listed in Annex 1 to air carriers or airlines of 
the Member State that is a party to that agreement shall be understood as referring to 
air carriers or airlines designated by that Member State. 

Article 2 
Designation by a Member State 

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

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

i. 

ii. 

iii. 

the  air  carrier  is  established  in  the  territory  of  the  designating  Member  State 
under  the  Treaty  establishing  the  European  Community  and  has  a  valid 
Operating Licence in accordance with European Community law;  

effective regulatory control of the air carrier is exercised and maintained by the 
Member  State  responsible  for  issuing  its  Air  Operator’s  Certificate  and  the 
relevant aeronautical authority is clearly identified in the designation; and 

the  air  carrier  is  owned,  directly  or  through  majority  ownership,  and  it  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. 

3. 

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

i. 

ii. 

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

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

iii. 

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

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

1. 

2. 

1. 

2. 

1. 

2. 

Article 3 
Rights with regard to regulatory control 

The  provisions  in  paragraph  2  of  this  Article  shall  complement  the  corresponding 
provisions in 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  Serbia  and 
Montenegro under the safety provisions of the agreement between the Member State 
that has designated the air carrier and Serbia and Montenegro shall apply equally in 
respect  of  the  adoption,  exercise  or  maintenance  of  safety  standards  by  that  other 
Member State and in respect of the operating authorisation of that air carrier. 

Article 4 
Taxation of aviation fuel 

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

Notwithstanding  any  other  provision  to  the  contrary,  nothing  in  each  of  the 
agreements  listed  in  Annex  2  (d)  shall  prevent  a  Member  State  or  Serbia  and 
Montenegro from imposing, on a non-discriminatory basis, taxes, levies, duties, fees 
or  charges  on  fuel  supplied  in  its  territory  for  use  in  an  aircraft  of  a  designated  air 
carrier  of  a  Member  State  or  of  Serbia  and  Montenegro  that  operates  between  two 
points within the respective territories of the Contracting Parties. 

Article 5 
Tariffs for carriage within the European Community 

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

The tariffs to be charged by the air carrier(s) designated by Serbia and Montenegro 
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. 

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Article 7 
Revision or amendment  

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

Article 8 
Entry into force and provisional application  

This  Agreement  shall  enter  in  force  when  the  Parties  have  notified  each  other  in 
writing  that  their  respective  internal  procedures  necessary  for  its  entry  into  force 
have been completed. 

Notwithstanding paragraph 1, the Parties agree to provisionally apply this Agreement 
from the first day of the month following the date on which the Parties have notified 
each other of the completion of the procedures necessary for this purpose. 

Agreements  and  other  arrangements  between  Member  States  and  Serbia  and 
Montenegro which, at the date of signature of this Agreement, have not yet entered 
into  force  and  are  not  being  applied  provisionally  are  listed  in  Annex  1  (b).  This 
Agreement  shall  apply  to  all  such  Agreements  and  arrangements  upon  their  entry 
into force or provisional application. 

Article 9 
Termination 

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

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

1. 

2. 

3. 

1. 

2. 

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

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

FOR THE EUROPEAN COMMUNITY: 

FOR SERBIA AND MONTENEGRO: 

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Annex 1 

List of Agreements referred to in Article 1 of this Agreement 

(a) Air  service  agreements  between  Serbia  and  Montenegro  and  Member  States  of  the 
European  Community  which,  at  the  date  of  signature  of  this  Agreement,  have  been 
concluded, signed and/or are being applied provisionally 

–  Agreement relating to Air Services between the Republic of Austria and the Federative 
People's  Republic  of  Yugoslavia,  signed  at  Vienna  on  11  November  1953,  hereinafter 
referred to “Serbia and Montenegro-Austria 1953 Agreement” in Annex 2; 

To  be  read  together  with  the  Memorandum  of  Understanding  done  in  Vienna  on 
12 October 1994. 

–  Agreement between the Kingdom of Belgium and the Federative People's Republic of 
Yugoslavia relating to air services, signed at Belgrade on 24 September 1957, hereinafter 
referred to “Serbia and Montenegro-Belgium Agreement” in Annex 2; 

–  Air Transport Agreement between the Government of the Republic of Cyprus and the 
Government  of  the  Socialist  Federal  Republic  of  Yugoslavia,  signed  at  Nicosia  on 
27 February  1976,  hereinafter  referred 
to  “Serbia  and  Montenegro-Cyprus  1976 
Agreement” in Annex 2; 

–  Air  Transport  Agreement  between  the  Czechoslovak  Republic  and  the  Federative 
People's  Republic  of  Yugoslavia,  signed  at  Belgrade  on  28  February  1956,  hereinafter 
referred to “Serbia and Montenegro-Czech Republic Agreement” in Annex 2; 

–  Agreement  relating  to  air  services  between  the  French  Republic  and  the  Socialist 
Federal  Republic  of  Yugoslavia,  signed  at  Belgrade  on  23  March  1967,  hereinafter 
referred to “Serbia and Montenegro-France Agreement” in Annex 2; 

–  Agreement  between  the  Republic  of  Finland  and  the  Socialist  Federal  Republic  of 
Yugoslavia  concerning  air  services,  signed  at  Belgrade  on  18  January  1968,  hereinafter 
referred to “Serbia and Montenegro-Finland Agreement” in Annex 2; 

–  Air Services Agreement between the Federal Republic of Germany and the Federative 
People's  Republic  of  Yugoslavia,  signed  at  Belgrade  on  10  April  1957,  hereinafter 
referred to “Serbia and Montenegro-Germany 1957 Agreement” in Annex 2; 

–  Air Services Agreement between the Government of the Federal Republic of Germany 
and  the  Federal  Government  of  the  Federal  Republic  of  Yugoslavia,  initialled  and 
provisionally applied by the Protocol of 31 May 2001, hereinafter referred to “Serbia and 
Montenegro-Germany 2001 Agreement” in Annex 2; 

–  Air  Services  Agreement  between  the  Government  of  the  Hellenic  Republic  and  the 
Federal  Government  of  the  Federal  Republic  of  Yugoslavia,  signed  at  Belgrade  on 
9 May 2002, hereinafter referred to “Serbia and Montenegro-Greece Agreement” in Annex 
2; 

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–  Air Transport Agreement between the People's Republic of Hungary and the Federative 
People's Republic of Yugoslavia, signed at Belgrade on 21 July 1956, hereinafter referred 
to “Serbia and Montenegro-Hungary Agreement” in Annex 2; 

Amended by a note done at Budapest on 30 May 1964, 

Last amended by a Memorandum of Understanding signed at Belgrade on 9 February 1995. 

–  Agreement  between  the  Grand  Duchy  of  Luxembourg  and  the  Federative  People's 
Republic  of  Yugoslavia  relating  to  Air  Transport,  signed  at  Belgrade  on  9  April  1960, 
hereinafter referred to “Serbia and Montenegro-Luxembourg Agreement” in Annex 2; 

–  Air Transport Agreement between the Government of Malta and the Government of the 
Socialist  Federal  Republic  of  Yugoslavia,  signed  at  Rome  on  5  February  1975, 
hereinafter referred to “Serbia and Montenegro-Malta Agreement” in Annex 2; 

–  Agreement  between  the  Kingdom  of  the  Netherlands  and  the  Federative  People's 
Republic  of  Yugoslavia  relating  to  scheduled  air  services,  signed  at  Belgrade  on 
13 March 1957,  hereinafter  referred  to  “Serbia  and  Montenegro-Netherlands  Agreement” 
in Annex 2; 

–  Air  Services  Agreement  between  People's  Republic  of  Poland  and  the  Federative 
People's  Republic  of  Yugoslavia,  signed  at  Warsaw  on  14  November  1955,  hereinafter 
referred to “Serbia and Montenegro-Poland 1955 Agreement” in Annex 2; 

–  Air Transport Agreement between the Government of Portugal and the Government of 
the  Socialist  Federal  Republic  of  Yugoslavia,  signed  at  Belgrade  on  3  June  1976, 
hereinafter referred to “Serbia and Montenegro-Portugal Agreement” in Annex 2; 

–  Air Services Agreement between the Government of the Republic of Slovakia and the 
Federal  Government  of  the  Federal  Republic  of  Yugoslavia,  signed  at  Bratislava  on 
3 October  1996,  hereinafter  referred  to  “Serbia  and  Montenegro-Slovakia  Agreement”  in 
Annex 2; 

–  Agreement between the Kingdom of Sweden and the Federative People's Republic of 
Yugoslavia,  signed  at  Belgrade  on  18  April  1958,  hereinafter  referred  to  “Serbia  and 
Montenegro-Sweden Agreement” in Annex 2; 

–  Air Services Agreement between the Government of the United Kingdom of the Great 
Britain and Northern Ireland and the Federal Government of the Federal Republic of 
Yugoslavia, initialled at London on 17 December 2002, hereinafter referred to “Serbia and 
Montenegro-United Kingdom Agreement” in Annex 2. 

(b) Air service agreements  and  other arrangements initialled or signed between Serbia 
and Montenegro 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 

–  Air  Services  Agreement  between  the  Austrian  Government  and  the  Federal 
Government  of  the  Federal  Republic  of  Yugoslavia,  initialled  at  Vienna  on 
14 November  2001,  hereinafter  referred  to  “Serbia  and  Montenegro-Austria  2001 
Agreement” in Annex 2; 

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–  Air  Services  Agreement  between  the  Government  of  the  Republic  of  Cyprus  and  the 
Federal  Government  of  the  Federal  Republic  of  Yugoslavia,  initialled  at  Nicosia  on 
18 June 2002, hereinafter referred to “Serbia and Montenegro-Cyprus 2002 Agreement” in 
Annex 2; 

–  Air  Services  Agreement  between  the  Government  of  Poland  and  the  Federal 
Government  of  the  Federal  Republic  of  Yugoslavia,  initialled  at  Warsaw  on 
17 May 2002, hereinafter referred to “Serbia and Montenegro-Poland 2002 Agreement” in 
Annex 2; 

–  Air Services Agreement between the Government of the Republic of Slovenia and the 
Federal  Government  of  the  Federal  Republic  of  Yugoslavia,  initialled  at  Belgrade  on 
12 October 2001, hereinafter referred to “Serbia and Montenegro-Slovenia Agreement” in 
Annex 2. 

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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 2 of the Serbia and Montenegro-Austria 1953 Agreement; 

Article 3 of the Serbia and Montenegro-Austria 2001 Agreement; 

Article 3, paragraph 1 of the Serbia and Montenegro-France Agreement; 

Article 4 of the Serbia and Montenegro-Germany 1957 Agreement; 

Article 3 of the Serbia and Montenegro-Germany 2001 Agreement; 

Article 3 of the Serbia and Montenegro-Greece Agreement; 

Article 1 of the Appendix to the Serbia and Montenegro-Hungary Agreement; 

Article 2 of the Serbia and Montenegro-Luxemburg Agreement; 

Article 3 of the Serbia and Montenegro-Malta Agreement; 

Article 2 of the Serbia and Montenegro-Poland 1955 Agreement; 

Article 3 of the Serbia and Montenegro-Poland 2002 Agreement; 

Article 3 of the Serbia and Montenegro-Slovak Republic Agreement; 

Article 3 of the Serbia and Montenegro-Slovenia Agreement; 

Article 4 of the Serbia and Montenegro-United Kingdom Agreement. 

(b) 

Refusal, revocation, suspension or limitation of authorisations or permissions: 

– 

– 

– 

– 

– 

– 

– 

– 

Article 8 of the Serbia and Montenegro-Austria 1953 Agreement; 

Article 4 of the Serbia and Montenegro-Austria 2001 Agreement; 

Article 3 of the Serbia and Montenegro-Belgium Agreement; 

Article 6 of the Serbia and Montenegro-Cyprus 1976 Agreement; 

Article 5 of the Serbia and Montenegro-Cyprus 2002 Agreement; 

Article 4 of the Serbia and Montenegro-Finland Agreement;  

Article 3, paragraph 3 of the Serbia and Montenegro-France Agreement; 

Article 5 of the Serbia and Montenegro-Germany 1957 Agreement; 

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– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

Article 4 of the Serbia and Montenegro-Germany 2001 Agreement; 

Article 4, paragraph 2 of the Serbia and Montenegro-Greece Agreement; 

Article 3 of the Serbia and Montenegro-Luxembourg Agreement; 

Article 4 of the Serbia and Montenegro-Malta Agreement; 

Article 3, paragraph 1 of the Serbia and Montenegro-Netherlands Agreement; 

Article 4 of the Serbia and Montenegro-Poland 2002 Agreement; 

Article 5 of the Serbia and Montenegro-Portugal Agreement;  

Article 4 of the Serbia and Montenegro-Slovak Republic Agreement; 

Article 4 of the Serbia and Montenegro-Slovenia Agreement; 

Article 3 of the Serbia and Montenegro-Sweden Agreement; 

Article 5 of the Serbia and Montenegro-United Kingdom Agreement. 

(c) 

Safety: 

– 

– 

– 

– 

– 

– 

– 

Article 8 of the Serbia and Montenegro-Austria 2001 Agreement; 

Article 15 of the Serbia and Montenegro-Cyprus 2002 Agreement; 

Article 13 of the Serbia and Montenegro-Germany 2001 Agreement; 

Article 7 of the Serbia and Montenegro-Greece Agreement; 

Article 15 of the Serbia and Montenegro-Poland 2002 Agreement; 

Article 9 of the Serbia and Montenegro-Slovenia Agreement; 

Article 9 of the Serbia and Montenegro-United Kingdom Agreement. 

(d) 

Taxation on aviation fuel: 

– 

– 

– 

– 

– 

– 

– 

Article 5 of the Serbia and Montenegro-Austria 1953 Agreement; 

Article 8 of the Serbia and Montenegro- Austria 2001 Agreement; 

Article 8 of the Serbia and Montenegro-Belgium Agreement; 

Article 7 of the Serbia and Montenegro-Cyprus 1976 Agreement; 

Article 7 of the Serbia and Montenegro-Cyprus 2002 Agreement; 

Article 6 of the Serbia and Montenegro-Czech Republic Agreement; 

Article 5 of the Serbia and Montenegro-Finland Agreement; 

EN 

15 

   EN 

 
– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

Article 11 of the Serbia and Montenegro-France Agreement; 

Article 13 of the Serbia and Montenegro-Germany 1957 Agreement; 

Article 6 of the Serbia and Montenegro-Germany 2001 Agreement; 

Article 10 of the Serbia and Montenegro-Greece Agreement; 

Article 6 of the Serbia and Montenegro-Hungary Agreement; 

Article 8 of the Serbia and Montenegro-Luxembourg Agreement; 

Article 5 of the Serbia and Montenegro-Malta Agreement; 

Article 9 of the Serbia and Montenegro-Netherlands Agreement; 

Article 6 of the Serbia and Montenegro-Poland 1955 Agreement; 

Article 7 of the Serbia and Montenegro-Poland 2002 Agreement; 

Article 6 of the Serbia and Montenegro-Portugal Agreement; 

Article 8 of the Serbia and Montenegro-Slovak Republic Agreement; 

Article 6 of the Serbia and Montenegro-Slovenia Agreement; 

Article 8 of the Serbia and Montenegro-Sweden Agreement; 

Article 11 of the Serbia and Montenegro-United Kingdom Agreement. 

(e) 

Tariffs for carriage within the European Community: 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

Article 4 of the Serbia and Montenegro-Austria 1953 Agreement;(e) 

Article 4 of the Serbia and Montenegro-Austria 2001 Agreement; 

Article 7 of the Serbia and Montenegro-Belgium Agreement; 

Article 10 of the Serbia and Montenegro-Cyprus 1976 Agreement; 

Article 17 of the Serbia and Montenegro-Cyprus 2002 Agreement; 

Article 7 of the Serbia and Montenegro-Czech Republic Agreement; 

Article 7 of the Serbia and Montenegro-Finland Agreement; 

Article 9 of the Serbia and Montenegro-France Agreement; 

Article 14 of the Serbia and Montenegro-Germany 1957 Agreement; 

Article 10 of the Serbia and Montenegro-Germany 2001 Agreement; 

Article 13 of the Serbia and Montenegro-Greece Agreement; 

EN 

16 

   EN 

 
– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

Article 7 of the Serbia and Montenegro-Luxembourg Agreement; 

Article 9 of the Serbia and Montenegro-Malta Agreement; 

Article 7, paragraph 2 of the Serbia and Montenegro-Netherlands Agreement; 

Article 7 of the Serbia and Montenegro-Poland 1955 Agreement; 

Article 10 of the Serbia and Montenegro-Poland 2002 Agreement; 

Article 9 of the Serbia and Montenegro-Portugal Agreement; 

Article 12 of the Serbia and Montenegro-Slovak Republic Agreement; 

Article 13 of the Serbia and Montenegro-Slovenia Agreement; 

Article 7 of the Serbia and Montenegro-Sweden Agreement; 

Article 14 of the Serbia and Montenegro- United Kingdom Agreement. 

EN 

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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