Proposal for a Council Decision on the signature and provisional application of the Agreement between the European Community and Ukraine on certain aspects of air services
Date: 2005-08-11
Institutions: European Commission
Subjects: European Community, Ukraine, air transport, signature of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 11.8.2005 
COM(2005) 368 final 

2005/0155 (CNS) 

Proposal for a 

COUNCIL DECISION 

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

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Community and Ukraine 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 Ukraine that replaces certain provisions in the 
existing bilateral air services agreements between Member States and Ukraine. Article 2 and 3 
of  the  Agreement  replace  the  traditional  designation  clauses  with  a  Community  designation 
clause, permitting all Community carriers to benefit from the right of establishment. Articles 
5  and  6  of  the  Agreement  address  two  types  of  clauses  concerning  matters  of  Community 
competence.  Article  5  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 6 
(Tariffs for carriage) 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 Ukraine 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 Ukraine 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 Article 300 (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 
Ukraine  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. 

2. 

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  Ukraine  on  certain  aspects  of  air  services,  subject  to  its 
subsequent conclusion at a later date. 

Pending its entry into force, the Community shall apply provisionally the Agreement 
from the day of the signature by the parties. The President of the Council is hereby 
authorised to make the notification provided for in Article 9.2 of the agreement. 

2 

OJ C , , p. . 

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3. 

The text of the agreement is annexed to this Decision. 

Done at Brussels,  

For the Council 
The President 

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2005/0155 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Community and Ukraine 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) 

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 
Ukraine  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 has been 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 Ukraine 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 9.1 of the Agreement. 

Done at Brussels,  

For the Council 
The President 

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ANNEX 

AGREEMENT 

between the European Community and Ukraine  

on certain aspects of air services 

THE EUROPEAN COMMUNITY  

of the one part, and  

UKRAINE 

of the other part 

(hereinafter referred to as ‘the Parties’) 

NOTING  that  bilateral  air  service  agreements  have  been  concluded  between  all  Member 
States of the European Community and Ukraine 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  on  the 
territory of 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  the 
Member  States  of  the  European  Community  and  Ukraine,  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  Member  States  of  the  European  Community  and  Ukraine 
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  Member  States  of  the  European 
Community  and  Ukraine,  to  affect  the  balance  between  Community  air  carriers  and  air 
carriers  of  Ukraine,  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 

For the purposes of this Agreement, unless the context otherwise requires, definitions 
are listed in Annex 4 to this Agreement. 

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

ARTICLE 2 
Designation by a Member State 

The  provisions  in  paragraph  2  of  this  Article  shall  supersede  the  corresponding 
provisions in the articles listed in Annex 2 (a) to this Agreement, in relation to the 
designation  of  an  air  carrier  by  the  Member  State  concerned,  its  authorisations  and 
permissions granted by Ukraine. 

On receipt of a designation by a Member State, Ukraine 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,  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 to this Agreement and/or nationals of 
such other states. 

ARTICLE 3 
Suspension and Revocation by Ukraine 

The  provisions  in  paragraphs  2  of  this  Article  shall  supersede  the  corresponding 
provisions  in  the  articles  listed  in  Annex  2  (b)  to  this  Agreement,  in  relation  the 
refusal,  revocation,  suspension  or  limitation  of  the  authorisations  or  permissions  of 
an air carrier designated by a Member State. 

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

1. 

2. 

3. 

1. 

2. 

1. 

2. 

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i. 

ii. 

iii. 

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 

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 to this Agreement and/or nationals of 
such other states. 

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

ARTICLE 4 
Safety 

1. 

2. 

1. 

2. 

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

Where  a  Member  State  has  designated  an  air  carrier  whose  effective  regulatory 
control is exercised and maintained by another Member State, the rights of Ukraine 
under  the  safety  provisions  of  the  agreement  between  the  Member  State  that  has 
designated the air carrier and Ukraine 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 5 
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) to this Agreement.  

Notwithstanding  any  other  provision  to  the  contrary,  nothing  in  each  of  the 
agreements  listed  in  Annex  2  (d)  to  this  Agreement  shall  prevent  a  Member  State 
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 
Ukraine  that  operates  between  a  point  in  the  territory  of  that  Member  State  and 
another  point  in  the  territory  of  that  Member  State  or  in  the  territory  of  another 
Member State. 

ARTICLE 6 
Tariffs for carriage  

1. 

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

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2. 

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

ARTICLE 7 
Annexes to the Agreement 

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

ARTICLE 8 
Revision or amendment  

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

ARTICLE 9 
Entry into force and provisional application  

This  Agreement  shall  enter  in  force  on  the  date  of  the  receipt  of  the  latest  written 
notification  of  the  Parties  on  the  completion  of  their  internal  procedures  necessary 
for the entry into force of this Agreement.  

This Agreement shall provisionally apply from the first day of the month following 
the date on which the European Community has notified the Ukrainian Party of the 
completion of its procedures necessary for this purpose. 

This  Agreement  shall  apply  to  all  Agreements  listed  in  Annex  1  (b)  to  this 
Agreement upon their entry into force.  

ARTICLE 10 
Termination 

In the event that an agreement listed in Annex 1 to this Agreement 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 to this Agreement are terminated, 
this Agreement shall terminate at the same time. 

1. 

2. 

3. 

1. 

2. 

ARTICLE 11  
Registration 

This  Agreement  and  amendments  thereto  shall  be  registered  with  the  International  Civil 
Aviation Organisation. 

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  Ukrainian  as  well  as  Russian 
languages. In case of divergence the English text shall prevail. 

FOR THE EUROPEAN COMMUNITY: 

FOR UKRAINE: 

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ANNEX 1 

List of agreements referred to in Article 1 of this Agreement 

(a)  Air  services  agreements  between  Ukraine  and  Member  States  of  the  European 
Community which, at the date of signature of this Agreement, have entered into force or 
have  been  signed;  and  other  arrangements  between  Ukraine  and  Member  States  that 
are being applied provisionally: 

–  Air  Transport  Agreement  between  the  Austrian  Federal  Government  and  the 
Government of Ukraine done at Vienna on 15 June 1994, hereinafter referred to “Ukraine 
– Austria Agreement” in Annex 2; 

–  Last modified by Memorandum of Understanding done at Vienna on 22 April 2005; 

–  Agreement between the Government of the Kingdom of Belgium and the Government 
of  Ukraine  on  Air  Transport  signed  at  Kyiv  on  20  May  1996,  hereinafter  referred  to 
“Ukraine – Belgium Agreement” in Annex 2; 

–  Last modified by Memorandum of Understanding done at Brussels on 6 February 2004; 

–  Air  Transport  Agreement  between  the  Government  of  the  Czech  Republic  and  the 
Government of Ukraine signed at Kyiv on 1 July 1997, hereinafter referred to “Ukraine – 
Czech Republic Agreement” in Annex 2; 

–  Air  Services  Agreement  between  the  Government  of  the  Republic  of  Cyprus  and  the 
Government  of  Ukraine  done  at  Kyiv  on  21  February  2000,  hereinafter  referred  to 
“Ukraine – Cyprus Agreement” in Annex 2; 

–  Air Services Agreement between the Government of the Kingdom of Denmark and the 
Government of Ukraine done at Kyiv on 27 March 2001, hereinafter referred to “Ukraine 
– Denmark Agreement” in Annex 2; 

–  Air  Transport  Agreement  between  the  Government  of  the  Federal  Republic  of 
Germany  and  the  Government  of  Ukraine  done  at  Kyiv  on  10  June  1993,  hereinafter 
referred to “Ukraine – Germany Agreement” in Annex 2; 

–  Air  Services  Agreement  between  the  Government  of  the  Republic  of  Estonia  and  the 
Government of Ukraine done at Tallinn on 6 July 1993, hereinafter referred to “Ukraine 
– Estonia Agreement” in Annex 2; 

–  Agreement between the Government of the Republic of Finland and the Government 
of Ukraine relating to Air Services signed at Helsinki on 5 June 1995, hereinafter referred 
to “Ukraine – Finland Agreement” in Annex 2; 

–  Agreement between the Government of the Republic of France and the Government of 
Ukraine  relating  to  Air  Services  done  at  Kyiv  on  3  May  1994,  hereinafter  referred  to 
“Ukraine – France Agreement” in Annex 2; 

–  Air  Transport  Agreement  between  the  Government  of  the  Hellenic  Republic  and  the 
Government  of  Ukraine  done  at  Kyiv  on  15  December  1997,  hereinafter  referred  to 
“Ukraine – Greece Agreement” in Annex 2; 

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–  Air Transport Agreement between the Government of the Republic of Hungary and the 
Government of Ukraine done at Kyiv on 19 May 1995, hereinafter referred to “Ukraine – 
Hungary Agreement” in Annex 2; 

–  Air  Services  Agreement  between  the  Government  of  the  Republic  of  Italy  and  the 
Government of Ukraine done at Rome on 2 May 1995, hereinafter referred to “Ukraine – 
Italy Agreement” in Annex 2; 

–  Air  Transport  Agreement  between  the  Government  of  the  Republic  of  Latvia  and  the 
Government of Ukraine done at Riga on 23 May 1995, hereinafter referred to “Ukraine – 
Latvia Agreement” in Annex 2; 

–  Air Services Agreement between the Government of the Republic of Lithuania and the 
Government of Ukraine done at Vilnius on 7 July 1993, hereinafter referred to “Ukraine 
– Lithuania Agreement” in Annex 2; 

Last modified by Protocol signed at Vilnius on 26 May 2003; 

–  Agreement  between  the  Government  of  the  Grand  Duchy  of  Luxembourg  and  the 
Government of Ukraine relating to Air Services done at Luxembourg on 14 June 1994, 
hereinafter referred to “Ukraine – Luxembourg Agreement” in Annex 2;  

–  Agreement between the Kingdom of the Netherlands and Ukraine for Air Services done 
at Kyiv on 7 September 1993, hereinafter referred to “Ukraine – Netherlands Agreement” 
in Annex 2; 

–  Agreement between the Government of the Republic of Poland and the Government of 
Ukraine relating to Air Services done at Warsaw on 20 January 1994, hereinafter referred 
to “Ukraine – Poland Agreement” in Annex 2; 

–  Air  Services  Agreement  between  the  Government  of  the  Slovak  Republic  and  the 
Government  of  Ukraine  done  in  Bratislava  on  23  May  1994,  hereinafter  referred  to 
“Ukraine – Slovak Republic Agreement” in Annex 2; 

–  Air Services Agreement between the Government of the Republic of Slovenia and the 
Government  of  Ukraine  done  in  Ljubljana  on  30  March  1999,  hereinafter  referred  to 
“Ukraine – Slovenia Agreement” in Annex 2; 

–  Air  Transport  Agreement  between  the  Government  of  Spain  and  the  Government  of 
Ukraine  done  at  Madrid  on  7  October  1996,  hereinafter  referred  to  “Ukraine  –  Spain 
Agreement” in Annex 2; 

–  Air Services Agreement between the Government of the Kingdom of Sweden and the 
Government of Ukraine done at Kyiv on 27 March 2001, hereinafter referred to “Ukraine 
– Sweden Agreement” in Annex 2; 

–  Agreement  between  the  Government  of  the  United  Kingdom  of  Great  Britain  and 
Northern  Ireland  and  the  Government  of  Ukraine  concerning  Air  Services  signed  in 
London  on  10  February  1993,  hereinafter  referred  to  “Ukraine  –  United  Kingdom 
Agreement” in Annex 2; 

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(b)  Air  service  agreements  between  Ukraine  and  Member  States  of  the  European 
Community which, at the date of signature of this Agreement, have been initialled: 

–  Agreement between the Government of the Republic of Ireland and the Government 
of  Ukraine  on  Air  Transport  initialled  at  Dublin  on  10  December  1992,  hereinafter 
referred to “Ukraine – Ireland Agreement” in Annex 2; 

–  Agreement  between  the  Government  of  the  Republic  of  Malta  and  the  Cabinet  of 
Ministers  of  Ukraine  relating  to  Air  Services  initialled  in  Luqa  on  17  June  1998, 
hereinafter referred to “Ukraine – Malta Agreement” in Annex 2; 

–  Air Transport Agreement between the Government of the Portuguese Republic and the 
Cabinet  of  Ministers  of  Ukraine  initialled  at  Lisbon  on  18  October  2000,  hereinafter 
referred to “Ukraine – Portugal 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 6 of 
this Agreement 

ANNEX 2 

(a) Designation by a Member State: 

–  Article 3, Paragraph 5 of the Ukraine – Austria Agreement; 

–  Article 3, Paragraph 4 of the Ukraine – Czech Republic Agreement; 

–  Article 3, Paragraph 4 of the Ukraine – Denmark Agreement; 

–  Article 3, Paragraph 4 of the Ukraine – Germany Agreement; 

–  Article 4, Paragraph 4 of the Ukraine – Estonia Agreement; 

–  Article 3, Paragraph 4 of the Ukraine – Finland Agreement; 

–  Article 4, Paragraph 3 of the Ukraine – France Agreement; 

–  Article 3, Paragraph 4 of the Ukraine – Greece Agreement; 

–  Article 3, Paragraph 4 of the Ukraine – Hungary Agreement; 

–  Article 3, Paragraph 3 of the Ukraine – Ireland Agreement; 

–  Article 4, Paragraph 4 of the Ukraine – Italy Agreement; 

–  Article 3, Paragraph 4 of the Ukraine – Latvia Agreement; 

–  Article 4, Paragraph 4 of the Ukraine – Lithuania Agreement; 

–  Article 3, Paragraph 4 of the Ukraine – Malta Agreement; 

–  Article 3, Paragraph 4 of the Ukraine – Netherlands Agreement; 

–  Article 4, Paragraph 4 of the Ukraine – Poland Agreement; 

–  Article 3, Paragraph 4 of the Ukraine – Portugal Agreement; 

–  Article 4, Paragraph 4 of the Ukraine – Slovak Republic Agreement; 

–  Article 3, Paragraph 4 of the Ukraine – Slovenia Agreement; 

–  Article III, Paragraph 4 of the Ukraine – Spain Agreement; 

–  Article 3, Paragraph 4 of the Ukraine – Sweden Agreement; 

–  Article 4, Paragraph 4 of the Ukraine – United Kingdom Agreement. 

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(b) Refusal, revocation, suspension or limitation of authorisations or permissions: 

–  Article 4, Paragraph 1 (a) of the Ukraine – Austria Agreement; 

–  Article 5, Paragraph 1 (d) of the Ukraine – Belgium Agreement; 

–  Article 4, Paragraph 1 (a) of the Ukraine – Czech Republic Agreement; 

–  Article 5, Paragraph 1 (a) of the Ukraine – Cyprus Agreement; 

–  Article 4, Paragraph 1 (a) of the Ukraine – Denmark Agreement; 

–  Article 5, Paragraph 1 (a) of the Ukraine – Estonia Agreement; 

–  Article 4, Paragraph 1 (a) of the Ukraine – Finland Agreement; 

–  Article 5, Paragraph 1 (a) of the Ukraine – France Agreement; 

–  Article 4, Paragraph 1 (b) of the Ukraine – Greece Agreement; 

–  Article 4, Paragraph 1 (a) of the Ukraine – Hungary Agreement; 

–  Article 5, Paragraph 1 (a) of the Ukraine – Italy Agreement; 

–  Article 5, Paragraph 1 (a) of the Ukraine – Lithuania Agreement; 

–  Article 4, Paragraph 1 (c) of the Ukraine – Luxembourg Agreement; 

–  Article 4, Paragraph 1 (a) of the Ukraine – Malta Agreement; 

–  Article 4, Paragraph 1 (c) of the Ukraine – Netherlands Agreement; 

–  Article 5, Paragraph 1 (a) of the Ukraine – Poland Agreement; 

–  Article 4, Paragraph 1 (a) of the Ukraine – Portugal Agreement; 

–  Article 5, Paragraph 1 (a) of the Ukraine – Slovak Republic Agreement; 

–  Article 4, Paragraph 1 (a) of the Ukraine – Slovenia Agreement; 

–  Article IV, Paragraph 1 (a) of the Ukraine – Spain Agreement; 

–  Article 4, Paragraph 1 (a) of the Ukraine – Sweden Agreement; 

–  Article 5, Paragraph 1 (a) of the Ukraine – United Kingdom Agreement. 

(c) Safety: 

–  Article 9a of the Ukraine – Austria Agreement; 

–  Article 7 of the Ukraine – Belgium Agreement; 

–  Article 9 of the Ukraine – Czech Republic Agreement; 

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–  Article 14 bis of the Ukraine – Denmark Agreement; 

–  Article 6 of the Ukraine – Estonia Agreement; 

–  Article 9 of the Ukraine – France Agreement; 

–  Article 8 of the Ukraine – Greece Agreement; 

–  Article 5 of the Ukraine – Hungary Agreement; 

–  Article 7 of the Ukraine – Ireland Agreement; 

–  Article 10 of the Ukraine – Italy Agreement;  

–  Article 16 a of the Ukraine – Lithuania Agreement; 

–  Article 6 of the Ukraine – Luxembourg Agreement; 

–  Article 8 of the Ukraine – Malta Agreement; 

–  Article 13 of the Ukraine – Netherlands Agreement; 

–  Article 6 of the Ukraine – Poland Agreement; 

–  Article 15 of the Ukraine – Portugal Agreement; 

–  Article 6 of the Ukraine – Slovak Republic Agreement; 

–  Article 6 of the Ukraine – Slovenia Agreement; 

–  Article XI of the Ukraine – Spain Agreement; 

–  Article 14 bis of the Ukraine – Sweden Agreement;  

(d) Taxation of aviation fuel: 

–  Article 7 of the Ukraine – Austria Agreement; 

–  Article 10 of the Ukraine – Belgium Agreement; 

–  Article 10 of the Ukraine – Czech Republic Agreement; 

–  Article 7 of the Ukraine – Cyprus Agreement; 

–  Article 6 of the Ukraine – Denmark Agreement; 

–  Article 6 of the Ukraine – Germany Agreement; 

–  Article 12 of the Ukraine – Estonia Agreement; 

–  Article 11 of the Ukraine – Finland Agreement; 

–  Article 11 of the Ukraine – France Agreement; 

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–  Article 11 of the Ukraine – Greece Agreement; 

–  Article 11 of the Ukraine – Hungary Agreement; 

–  Article 11 of the Ukraine – Ireland Agreement; 

–  Article 6 of the Ukraine – Italy Agreement; 

–  Article 6 of the Ukraine – Latvia Agreement; 

–  Article 12 of the Ukraine – Lithuania Agreement; 

–  Article 8 of the Ukraine – Luxembourg Agreement; 

–  Article 5 of the Ukraine – Malta Agreement; 

–  Article 9 of the Ukraine – Netherlands Agreement; 

–  Article 12 of the Ukraine – Poland Agreement; 

–  Article 6 of the Ukraine – Portugal Agreement; 

–  Article 12 of the Ukraine – Slovak Republic Agreement; 

–  Article 8 of the Ukraine – Slovenia Agreement; 

–  Article V of the Ukraine – Spain Agreement; 

–  Article 6 of the Ukraine – Sweden Agreement; 

–  Article 8 of the Ukraine – United Kingdom Agreement. 

(e) Tariffs for carriage: 

–  Article 11 of the Ukraine – Austria Agreement; 

–  Article 12 of the Ukraine – Belgium Agreement; 

–  Article 14 of the Ukraine – Czech Republic Agreement; 

–  Article 14 of the Ukraine – Cyprus Agreement; 

–  Article 11 of the Ukraine – Denmark Agreement; 

–  Article 10 of the Ukraine – Germany Agreement; 

–  Article 11 of the Ukraine – Estonia Agreement; 

–  Article 10 the Ukraine – Finland Agreement; 

–  Article 17 of the Ukraine – France Agreement; 

–  Article 14 of the Ukraine – Greece Agreement; 

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–  Article 10 of the Ukraine – Hungary Agreement; 

–  Article 6 of the Ukraine – Ireland Agreement; 

–  Article 8 of the Ukraine – Italy Agreement; 

–  Article 10 of the Ukraine – Latvia Agreement; 

–  Article 10 of the Ukraine – Lithuania Agreement; 

–  Article 10 of the Ukraine – Luxembourg Agreement; 

–  Article 11 of the Ukraine – Malta Agreement; 

–  Article 5 of the Ukraine – Netherlands Agreement; 

–  Article 11 of the Ukraine – Poland Agreement; 

–  Article 18 of the Ukraine – Portugal Agreement; 

–  Article 11 of the Ukraine – Slovak Republic Agreement; 

–  Article 12 of the Ukraine – Slovenia Agreement; 

–  Article VII of the Ukraine – Spain Agreement; 

–  Article 11 of the Ukraine – Sweden Agreement; 

–  Article 7 of the Ukraine – United Kingdom Agreement. 

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ANNEX 3 

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

(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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Definitions 

ANNEX 4 

The expression “Member State” means any Member State of the European Community.  

The expression “Establishment of a Community air carrier (airline) on the territory of a 
Member State” implies the effective and real exercise of air transport activity through stable 
arrangements. The legal form of such an establishment, whether a branch or a subsidiary with 
legal personality, should not be the determining factor in this respect. 

The  expression  “Operating  licence”  means  an  authorisation  granted  by  the  Member  State 
responsible  to  an  undertaking,  permitting  it  to  carry  out  carriage  by  air  of  passengers,  mail 
and/or cargo, as stated in the operating licence, for remuneration and/or hire. 

The expression “Air operator’s certificate” means a document issued to an undertaking or a 
group of undertakings by the competent authorities which affirms that the operator in question 
has  the  professional  ability  and  organisation  to  secure  the  safe  operation  of  aircraft  for  the 
aviation activities specified in the certificate. 

Evidence of “effective regulatory control”  is predicated upon but is not  limited  to: the air 
carrier  holds  a  valid  Operating  Licence  issued  by  the  competent  authorities,  and  meets  the 
criteria for the operation of international air services established by the competent authorities, 
such as proof of financial fitness, ability to meet, where relevant, public interest requirement, 
obligations  for  assurance  of  service  etc.,  and  the  licensing  Member  State  has  and  maintains 
aviation  safety  and  security  oversight  programmes  in  compliance  with  standards  of  the 
International Civil Aviation Organisation at least. 

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