Proposal for a Council Decision on signature of the Agreement between the European Community and Romania on certain aspects of air services
Date: 2005-08-10
Institutions: European Commission
Subjects: European Community, Romania, air transport, signature of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 10.8.2005 
COM(2005) 369 final 

2005/0148 (CNS) 

Proposal for a 

COUNCIL DECISION 

on signature of the Agreement between the European Community and Romania on 
certain aspects of air services 

Proposal for a 

COUNCIL DECISION 

on conclusion of the Agreement between the European Community and Romania 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,  the  Annexes  to  such  agreements  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 Romania that replaces certain provisions in the 
existing bilateral air services agreements between Member States and Romania. 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, and in particular Article 14(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 on the conclusion of the 
Agreement between the European Community and Romania 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 signature of the Agreement between the European Community and Romania 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. 

The  Commission  has  negotiated  on  behalf  of  the  Community  an  agreement  with 
Romania  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, 

HAS DECIDED AS FOLLOWS:  

Sole Article 

1. 

Subject  to  its  possible  conclusion  at  a  later  date,  the  President  of  the  Council  is 
hereby  authorised  to  designate  the  person(s)  empowered  to  sign  on  behalf  of  the 
Community  the  Agreement  between  the  European  Community  and  Romania  on 
certain aspects of air services. 

2 

OJ C , , p. . 

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2. 

The text of the Agreement is annexed to this decision. 

Done at Brussels,  

For the Council 
The President 

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2005/0148 (CNS) 

Proposal for a 

COUNCIL DECISION 

on conclusion of the Agreement between the European Community and Romania 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. 

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

(3) 

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

(4) 

This Agreement should be approved, 

HAS DECIDED AS FOLLOWS:  

Article 1 

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

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

1. 

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4 
5 

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2. 

The text of the Agreement is annexed to this decision. 

Article 2 

The  President  of  the  Council  is  hereby  authorised  to  designate  the  person(s)  empowered  to 
make the notification provided for 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 Romania 

on certain aspects of air services 

THE EUROPEAN COMMUNITY  

of the one part, and  

ROMANIA 

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  Romania  containing  provisions  which  have  been 
found to be contrary to Community law. 

NOTING  that  the  European  Community  has  exclusive  competence  under  the  Treaty 
establishing the European Community with respect to several aspects that may be included in 
bilateral  air  service  agreements  between  Member  States  of  the  European  Community  and 
third countries, 

NOTING  that  under  European  Community  law  Community  air  carriers  established  in  a 
Member State have the right to non-discriminatory access to air routes between the Member 
States of the European Community and third countries, 

HAVING  REGARD  to  the  agreements  between  the  European  Community  and  certain  third 
countries  providing  for  the  possibility  for  the  nationals  of  such  third  countries  to  acquire 
ownership in air carriers licensed in accordance with European Community law, 

RECOGNISING  that  provisions  of  the  bilateral  air  service  agreements  between  Member 
States  of  the  European  Community  and  Romania,  which  have  been  found  to  be  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  Romania  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  Romania,  to 
affect the balance between Community air carriers and air carriers of Romania, or to negotiate 
amendments  to  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. 

4. 

5. 

1. 

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

For  the  purposes  of  this  Agreement,  ‘national’  of  a  state shall  mean  any  natural  or 
legal person who has the nationality of that state in accordance with the laws of that 
state. 

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. 

The  granting  of  traffic  rights  continues  to  be  carried  out  through  bilateral 
arrangements and shall not be affected by the provisions of this Agreement. 

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

2. 

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

i. 

ii. 

iii. 

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

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

the  air  carrier  is  owned  and  shall  continue  to  be  owned  directly  or  through 
majority  ownership  by  Member  States  and/or  nationals  of  Member  States,  or 
by other states listed in Annex 3 and/or nationals of such other states, and shall 
at all times be effectively controlled by such states and/or such nationals. 

3. 

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

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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  Operators  Certificate,  or 
the  relevant  aeronautical  authority  is  not  clearly  identified  in  the  designation; 
or 

iii. 

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

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

1. 

2. 

1. 

2. 

3. 

Article 3 
Rights with regard to regulatory control 

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

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

Article 4 
Taxation of aviation fuel 

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

Notwithstanding  any  other  provision  to  the  contrary,  nothing  in  each  of  the 
agreements listed in Annex 2 (d) shall prevent a Member State from imposing taxes, 
levies, duties, fees or charges on fuel supplied in its territory for use in an aircraft of 
a designated air carrier of Romania that operates between a point in the territory of 
that Member State and another point in the territory of that Member State or in the 
territory of another Member State. 

Notwithstanding  any  other  provision  to  the  contrary,  nothing  in  each  of  the 
Agreements listed in Annex 2 (d) shall prevent Romania from imposing taxes, levies, 
duties, fees or charges, on the basis of reciprocity and without discrimination, on fuel 
supplied in its territory for use in an aircraft of a designated air carrier of a Member 
State that operates between points on the territory of Romania. 

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Article 5 
Tariffs for carriage within the European Community 

1. 

2. 

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

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

Article 6 
Annexes to the Agreement 

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

Article 7 
Revision or amendment 

The  Parties  may,  at  any  time,  revise  or  amend  this  Agreement  by  mutual  consent.  The 
amendments shall enter into force in accordance with article 8. 

Article 8 
Entry into force 

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. 

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

Article 9 
Termination 

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

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

1. 

2. 

1. 

2. 

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

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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 Romanian languages. In case of 
divergence the English text shall prevail over the other language texts. 

FOR THE EUROPEAN COMMUNITY: 

FOR ROMANIA: 

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Annex 1 

List of agreements referred to in Article 1 of this Agreement 

(a)  Air  service  agreements  between  Romania  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  Federal  Government  of  Austria  and  the 
Government  of  the  Socialistic  Republic  of  Romania  signed  at  Bucharest  on  14  July 
1975, hereinafter referred to “Romania – Austria Agreement” in Annex 2; 

Modified by Exchange of Notes dated 27 June 1985 

Last modified by the Exchange of Notes dated 17 November 1994. 

–  Agreement  between  the  Kingdom  of  Belgium  and  the  People’s  Republic  of  Romania 
relating to Air Transport signed at Bucharest on 4 December 1956, hereinafter referred to 
“Romania – Belgium Agreement” in Annex 2; 

Last supplemented by the Exchange of Notes dated 4 December 1956. 

–  Agreement between the Government of the Republic of Cyprus and the Government 
of  the  Socialistic  Republic  of  Romania  on  Air  transport  signed  at  Nicosia  on  13 
December 1973, hereinafter referred to “Romania – Cyprus Agreement” in Annex 2; 

–  Agreement between the Government of the Czechoslovak Socialistic Republic and the 
Government  of  the  Socialist  Republic  of  Romania  on  Civil  Air  Transport  signed  at 
Prague  on  13  March  1970,  in  respect  of  which  the  Czech  Republic  declared  that  it 
considers itself to be bound by the provisions thereof, hereinafter referred to “Romania – 
Czech Republic Agreement” in Annex 2. 

–  Air Services Agreement between the Government of the Kingdom of Denmark and the 
Government  of  Romania  signed  at  Oslo  on  26  October  1998,  hereinafter  referred  to 
“Romania – Denmark Agreement” in Annex 2. 

–  Agreement between the Government of the Republic of Finland and the Government 
of  the  Socialist  Republic  of  Romania  for  Air  Services  between  and  beyond  their 
respective territories signed at Helsinki on 30 June 1971, hereinafter referred to “Romania 
– Finland Agreement” in Annex 2; 

Supplemented by the Memorandum of Understanding done at Helsinki on 7 July 1993. 

Modified by the Exchange of Notes dated 30 January and 7 June 1996. 

–  Air  Transport  Agreement  between  the  Government  of  the  French  Republic  and  the 
Government of the People’s Republic of Romania signed at Bucharest on 18 May 1962, 
supplemented  by  the  Protocol  done  at  Paris  on  23  February  1962,  hereinafter  referred  to 
“Romania – France Agreement” in Annex 2; 

Last modified by the Agreed Minutes done at Bucharest on 27 October 1999. 

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–  Agreement  between the Government of the Kingdom of Greece and the Government 
of  the  People’s  Republic  of  Romania  relating  to  Commercial  Scheduled  Air  Transport 
signed at Athens on 2 May 1960, hereinafter referred to “Romania – Greece Agreement” in 
Annex 2; 

Last modified by the Exchange of Notes signed at Athens on 2 September 1966. 

–  Air Services Agreement between the Government of the Republic of Hungary and the 
Government of Romania signed at Bucharest on 12 September 1995, hereinafter referred 
to “Romania – Hungary Agreement” in Annex 2. 

–  Agreement  between  the  Government  of  the  Italian  Republic  and  the  Government  of 
the Socialist Republic of Romania relating to Civil Air Transport signed at Rome on 19 
December 1975, hereinafter referred to “Romania – Italy Agreement” in Annex 2; 

Last modified by the Exchange of Notes dated 9 July 1996 and 28 August 1996. 

–  Agreement  between  the  Government  of  the  Grand-Duchy  of  Luxembourg  and  the 
Government of the Socialist Republic of Romania relating to Civil Air Transport signed 
at  Luxembourg  on  27  October  1972,  hereinafter  referred  to  “Romania  –  Luxembourg 
Agreement” in Annex 2. 

–  Agreement  between  the  Government  of  Malta  and  the  Government  of  Romania  for 
Civil  Air  Services  signed  at  Valletta  on  22  November  1990,  hereinafter  referred  to 
“Romania – Malta Agreement” in Annex 2. 

–  Agreement  between  the  Government  of  the  Kingdom  of  the  Netherlands  and  the 
Government of the People’s Republic of Romania relating to Civil Air Transport signed 
at  The  Hague  on  27  August  1957,  hereinafter  referred  to  “Romania  –  Netherlands 
Agreement” in Annex 2; 

Last supplemented by the Protocol done at The Hague on 8 June 1982. 

–  Agreement between the Government of the Republic of Poland and the Government of 
Romania concerning Civil Air Transport signed at Warsaw on 19 May 1999, hereinafter 
referred to “Romania – Poland Agreement” in Annex 2. 

–  Agreement between the Government of Portugal and the Government of the Socialist 
Republic of Romania relating to Civil Air Transport signed at Lisbon on 8 February 1975, 
hereinafter referred to “Romania – Portugal Agreement” in Annex 2. 

–  Agreement  between  the  Government  of  the  Slovak  Republic  and  the  Government  of 
Romania relating to Air Services signed at Bratislava on 6 June 2000, hereinafter referred 
to “Romania – Slovakia Agreement” in Annex 2. 

–  Air Transport Agreement between the Government of Spain and the Government of the 
Socialist Republic of Romania signed at Madrid on 10 January 1980, hereinafter referred 
to “Romania – Spain Agreement” in Annex 2; 

Modified by the Memorandum of Understanding done at Madrid on 8 March 1995. 

Last modified by the Agreed Minutes done in Bucharest on 4 October 1995. 

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–  Air  Services  Agreement  between  the  Government  of  the  Kingdom  of  Sweden  and 
Romania signed at Oslo on 26 October 1998, hereinafter referred to “Romania – Sweden 
Agreement” in Annex 2. 

–  Agreement  between  the  Government  of  the  United  Kingdom  of  Great  Britain  and 
Northern  Ireland  and  the  Government  of  Romania  concerning  Air  Services  signed  at 
London on 28 March 1995, hereinafter referred to “Romania – UK Agreement” in Annex 
2. 

(b)  Air  service  agreements  and  other  arrangements  initialled  or  signed  between 
Romania  and  Member  States  of  the  European  Community  which,  at  the  date  of 
signature of this Agreement, have not yet entered into force and are not being applied 
provisionally 

–  Agreement  between  the  Government  of  the  Federal  Republic  of  Germany  and  the 
Government of Romania relating to Air Transport initialled at Bucharest on 16 December 
1994, hereinafter referred to “Romania – Germany Agreement” in Annex 2; 

Amended by the Memorandum of Understanding done at Bucharest on 8 February 1996. 

Supplemented  by  the  Memorandum  of  Understanding  done  at  Bucharest  on  2  December 
1997. 

Supplemented by Notes dated 5 May 1998 and 24 August 1998. 

Last modified by Notes dated 28 May 2001 and 15 October 2001. 

–  Agreement  between  the  Government  of  Ireland  and  the  Government  of  Romania 
concerning Air Services initialled at Dublin on 1 November 1995, hereinafter referred to 
“Romania – Ireland 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 

Annex 2 

(a) Designation by a Member State: 

–  Article 3 of the Romania – Austria Agreement; 

–  Article 2 of the Romania – Belgium Agreement; 

–  Article 3 of the Romania – Cyprus Agreement; 

–  Article 3 of the Romania – Czech Republic Agreement; 

–  Article 3 of the Romania – Denmark Agreement; 

–  Article 3 of the Romania – Finland Agreement; 

–  Article 3 of the Romania – France Agreement; 

–  Article 3 of the Romania – Germany Agreement; 

–  Article 3 of the Romania – Greece Agreement; 

–  Article 3 of the Romania – Hungary Agreement; 

–  Article 3 of the Romania – Ireland Agreement; 

–  Article 3 of the Romania – Italy Agreement; 

–  Article 3 of the Romania – Luxembourg Agreement; 

–  Article 3 of the Romania – Malta Agreement; 

–  Article 2 of the Romania – Netherlands Agreement; 

–  Article 3 of the Romania – Poland Agreement; 

–  Article 3 of the Romania – Portugal Agreement; 

–  Article 3 of the Romania – Slovakia Agreement; 

–  Article 3 of the Romania – Spain Agreement; 

–  Article 3 of the Romania – Sweden Agreement; 

–  Article 4 of the Romania – UK Agreement. 

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

–  Article 4 of the Romania – Austria Agreement; 

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–  Article 2 of the Romania – Belgium Agreement; 

–  Article 6 of the Romania – Cyprus Agreement; 

–  Article 4 of the Romania – Czech Republic Agreement; 

–  Article 4 of the Romania – Denmark Agreement; 

–  Article 3 and 4 of the Romania – Finland Agreement; 

–  Article 3 of the Romania – France Agreement; 

–  Article 4 of the Romania – Germany Agreement; 

–  Article 4 of the Romania – Greece Agreement; 

–  Article 4 of the Romania – Hungary Agreement; 

–  Article 4 of the Romania – Ireland Agreement; 

–  Article 4 of the Romania – Italy Agreement; 

–  Article 4 of the Romania – Luxembourg Agreement; 

–  Article 4 of the Romania – Malta Agreement; 

–  Article 3 of the Romania – Netherlands Agreement; 

–  Article 4 of the Romania – Poland Agreement; 

–  Articles 3 and 4 of the Romania – Portugal Agreement; 

–  Articles 4 of the Romania – Slovakia Agreement; 

–  Article 4 of the Romania – Spain Agreement; 

–  Article 4 of the Romania – Sweden Agreement; 

–  Article 5 of the Romania – UK Agreement. 

(c) Regulatory control: 

–  Article 12 of the Romania – Germany Agreement; 

–  Article 16 of the Romania – Poland Agreement; 

–  Article 19 of the Romania – Slovakia Agreement. 

(d) Taxation of Aviation Fuel: 

–  Article 8 of the Romania – Austria Agreement; 

–  Article 5 of the Romania – Belgium Agreement; 

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–  Article 7 of the Romania – Cyprus Agreement; 

–  Article 6 of the Romania – Czech Republic Agreement; 

–  Article 6 of the Romania – Denmark Agreement; 

–  Article 5 of the Romania – Finland Agreement; 

–  Article 9 of the Romania – France Agreement; 

–  Article 6 of the Romania – Germany Agreement; 

–  Article 8 of the Romania – Greece Agreement; 

–  Article 9 of the Romania – Hungary Agreement; 

–  Article 14 of the Romania – Ireland Agreement; 

–  Article 8 of the Romania – Italy Agreement; 

–  Article 8 of the Romania – Luxembourg Agreement; 

–  Article 10 of the Romania – Malta Agreement; 

–  Article 6 of the Romania – Netherlands Agreement; 

–  Article 10 of the Romania – Poland Agreement; 

–  Article 8 of the Romania – Portugal Agreement; 

–  Article 9 of the Romania – Slovakia Agreement; 

–  Article 5 of the Romania – Spain Agreement; 

–  Article 6 of the Romania – Sweden Agreement; 

–  Article 8 of the Romania – UK Agreement. 

(e) Tariffs for Carriage within the European Community: 

–  Article 7 of the Romania – Austria Agreement; 

–  Article 6 of the Romania – Belgium Agreement; 

–  Article 12 of the Romania – Cyprus Agreement; 

–  Article 10 of the Romania – Czech Republic Agreement; 

–  Article 11 of the Romania – Denmark Agreement; 

–  Article 8 of the Romania – Finland Agreement; 

–  Article 12 of the Romania – France Agreement; 

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–  Article 10 of the Romania – Germany Agreement; 

–  Article 6 of the Romania – Greece Agreement; 

–  Article 8 of the Romania – Hungary Agreement; 

–  Article 8 of the Romania – Ireland Agreement; 

–  Article 7 of the Romania – Italy Agreement; 

–  Article 7 of the Romania – Luxembourg Agreement; 

–  Article 15 of the Romania – Malta Agreement; 

–  Article 10 of the Romania – Netherlands Agreement; 

–  Article 5 of the Romania – Poland Agreement; 

–  Article 7 of the Romania – Portugal Agreement; 

–  Article 8 of the Romania – Slovakia Agreement; 

–  Article 14 of the Romania – Spain Agreement; 

–  Article 11 of the Romania – Sweden Agreement; 

–  Article 7 of the Romania – UK Agreement. 

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

ANNEX 3 

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

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

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

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

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   EN