Agreement between the European Community and the Republic of Chile on certain aspects of air services
Date: 2005-10-06
Institutions: Chile, European Community
Subjects: Chile, agreement (EU), air transport

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Official Journal of the European Union

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between the European Community and the Republic of Chile on certain aspects of air services

AGREEMENT

THE EUROPEAN COMMUNITY (hereinafter referred to as the Community),

of the one part, and

THE REPUBLIC OF CHILE,

of the other part,

(hereinafter referred to as the Parties),

NOTING that bilateral air service agreements have been concluded between 10 Member States and the Republic of Chile
containing provisions contrary to Community law,

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

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

HAVING REGARD to the agreements between the Community and certain third countries providing for the possibility for
nationals of such third countries to acquire ownership in air carriers licensed by the Member States,

RECOGNISING that provisions of the bilateral air service agreements between Member States and the Republic of Chile,
which are contrary to Community law, must be brought into full conformity with it in order to establish a sound legal
basis for air services between the Community and the Republic of Chile and to preserve the continuity of such air
services,

NOTING that it is not a purpose of the Community, as part of these negotiations, to increase the total volume of air
traffic between the Community and the Republic of Chile, to affect the balance between Community air carriers and air
carriers of the Republic of Chile, or to negotiate amendments to the provisions of existing bilateral air service agreements
concerning traffic rights,

HAVE AGREED AS FOLLOWS:

Article 1

Article 2

General Provisions

Designation, authorisation and revocation

For the purposes of this Agreement, ‘Member States’ shall
1.
mean Member States of the Community. ‘CLAC Member States’
shall mean Member States of the Latin American Civil Aviation
Commission.

2.
References in each of the agreements listed in Annex I to
nationals of the Member State that is a party to that agreement
shall be understood as referring to nationals of the Member
States.

3.
References in each of the agreements listed in Annex I 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.

1.
The provisions in paragraphs 2 and 3 shall supersede the
corresponding provisions in the Articles listed in Annex II(1)
and (2) respectively,
in relation to the designation of an air
carrier by the Member State concerned, its authorisations and
permissions granted by the Republic of Chile, and the refusal,
revocation, suspension or limitation of the authorisations or
permissions of the air carrier, respectively. The provisions in
paragraphs 4 and 5 shall
corresponding
provisions in the articles listed in Annex II(1) and (2) respec-
in relation to the designation of an air carrier by the
tively,
Republic of Chile,
its authorisations and permissions granted
by the Member State, and the refusal, revocation, suspension
or limitation of the authorisations or permissions of the air
carrier, respectively.

supersede

the

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On receipt of a designation by a Member State,

the
2.
Republic of Chile shall grant
the appropriate authorisations
and permissions with minimum procedural delay, provided
that:

and that
agreement between the Republic of Chile
Member State, and traffic rights to that Member State
have been denied to the air carrier designated by the
Republic of Chile.

(a)

the air carrier is established in the territory of the desig-
nating Member State under the Treaty establishing the
European Community and has a valid operating licence in
accordance with Community law;

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

(b) effective regulatory control of the air carrier is exercised and
maintained by the Member State responsible for issuing its
air operators
aeronautical
authority is clearly identified in the designation; and

certificate

and the

relevant

(c)

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 III and/or nationals of such other States, and shall
at all times be effectively controlled by such States and/or
such nationals.

3.
The Republic of Chile may refuse, revoke, suspend or limit
the authorisations or permissions of an air carrier designated by
a Member State where:

4.
On receipt of a designation by the Republic of Chile, a
Member State shall grant the appropriate authorisations and
permissions with minimum procedural delay, provided that:

(a)

the air carrier is established in the Republic of Chile; and

(b) the Republic of Chile has and maintains effective regulatory
control of the air carrier and is responsible for issuing its air
operators certificate; and

(c)

the air carrier is owned and effectively controlled directly or
through majority ownership by CLAC Member States and/or
nationals of CLAC Member States, unless more favourable
provisions have been agreed in the bilateral air services
agreement between that Member State and the Republic
of Chile.

(a)

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 Community law; or

5.
A Member State may refuse, revoke, suspend or limit the
authorisation or permissions of an air carrier designated by the
Republic of Chile where:

(b) 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 aero-
nautical authority is not clearly identified in the designation;
or

(c)

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 III and/or nationals of such other States; or

(d) the Republic of Chile demonstrates that, by exercising traffic
rights under this Agreement on a route that includes a point
in another Member State, the air carrier would be circum-
venting restrictions on traffic rights imposed by a bilateral
agreement between the Republic of Chile and that other
Member State; or

(e)

the air carrier holds an air operators certificate issued by a
services
Member State

is no bilateral

and there

air

(a)

the air carrier is not established in the Republic of Chile; or

(b) effective regulatory control of the air carrier is not exercised
or not maintained by the Republic of Chile or the Republic
of Chile is not responsible for issuing its air operators certi-
ficate; or

(c)

the air carrier
is not owned and effectively controlled
directly or through majority ownership by CLAC Member
States and/or nationals of CLAC Member States, unless
more favourable provisions have been agreed in the
bilateral air services agreement between that Member State
and the Republic of Chile; or

(d) the Member State demonstrates that, by exercising traffic
rights under this Agreement on a route that includes a
point
the air carrier
would be circumventing restrictions on the traffic rights
imposed by a bilateral agreement between the Member
State and that other CLAC Member State.

in another CLAC Member State,

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Article 3

Rights with regard to regulatory control

State shall be subject to Chilean law concerning price leadership
and applied on a non-discriminatory basis.

Paragraph 2 shall complement the articles listed in Annex

Article 6

1.
II(3).

2. Where a Member State has designated an air carrier whose
is exercised and maintained by another
regulatory control
Member State, the rights of the Republic of Chile under the
safety provisions of the agreement between the Member State
that has designated the air carrier and the Republic of Chile
shall apply equally in respect of the adoption, exercise or main-
tenance 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

1.
the
The provisions in paragraph 2 shall complement
corresponding provisions in the articles listed in Annex II(4).

2.
Notwithstanding any other provision to the contrary,
nothing in each of the agreements listed in Annex II(4) shall
prevent Member States 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 the
Republic of Chile 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.

3.
Notwithstanding any other provision to the contrary,
nothing in each of the agreements listed in Annex II(4) shall
the Republic of Chile from imposing on a non-
prevent
discriminatory basis taxes,
fees or charges on
levies, duties,
fuel supplied in its territory for use in an aircraft of a designated
air carrier of a Member State that operates between a point in
the territory of the Republic of Chile and another point in the
territory of the Republic of Chile or in the territory of another
CLAC Member State.

Article 5

Tariffs for carriage

Paragraph 2 shall complement the articles listed in Annex

1.
II(5).

2.
The tariffs to be charged by the air carrier(s) designated by
the Republic of Chile under an agreement listed in Annex I
containing a provision listed in Annex II(5)
for carriage
wholly within the Community shall be subject to Community
law. Community law is applied on a non discriminatory basis.

Annexes to this Agreement

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

Article 7

Revision or amendment

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

Article 8

Entry into force and provisional application

This Agreement shall enter in force when the Parties have
their respective internal
its entry into force have been

1.
notified each other in writing that
procedures necessary for
completed.

2.
Notwithstanding paragraph 1, the Parties agree to provi-
sionally 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
3.
States and the Republic of Chile 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
I(2). This Agreement shall apply to all such Agreements and
arrangements upon their entry into force or provisional appli-
cation.

Article 9

Termination

In the event

that an agreement

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

listed in Annex I

2.
In the event that all agreements listed in Annex I are
terminated, this Agreement shall terminate at the same time.

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

The tariffs to be charged by the air carrier(s) designated by
3.
listed in Annex I
a Member State under an agreement
containing a provision listed in Annex II(5)
for carriage
between the Republic of Chile and another CLAC Member

Done at Luxembourg in duplicate, on the sixth day of October
in the year two thousand and five, in the Czech, Danish, Dutch,
English, Estonian, Finnish, French, German, Greek, Hungarian,
Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak,
Slovene, Spanish, and Swedish languages.

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Por la Comunidad Europea
Za Evropské společenství
For Det Europæiske Fællesskab
Für die Europäische Gemeinschaft
Euroopa Ühenduse nimel
Για την Ευρωπαϊκή Κοινότητα

For the European Community
Pour la Communauté européenne
Per Ia Comunità europea
Eiropas Kopienas vārdā
Europos bendrijos vardu
Az Európai Közösség részéről
Għall-Komunità Ewropea
Voor de Europese Gemeenschap
W imieniu Wspólnoty Europejskiej
Pela Comunidade Europeia
Za Európske spoločenstvo
Za Evropsko skupnost
Euroopan yhteisön puolesta
För Europeiska gemenskapen

Por la República de Chile
Za Chilskou republiku
For Republikken Chile
Für die Republik Chile
Tšiili Vabariigi nimel
Για τη Δημοκρατία της Χιλής

For the Republic of Chile
Pour la République du Chili
Per la Repubblica del Cile
Čīles Republikas vārdā
Čilės Respublikos vardu
A Chilei Köztársaság részéről
Għar-Repubblika taċ-Ċili
Voor de Republiek Chili
W imieniu Republiki Chile
Pela República do Chile
Za Čilskú republiku
Za Republiko Čile
Chilen tasavallan puolesta
För Republiken Chile

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ANNEX I

List of agreements referred to in Article 1

1. Air service agreements between the Republic of Chile and Member States which, at the date of signature of this

Agreement, have been concluded, signed and/or are being applied provisionally

— Air Services Agreement between the Government of the Republic of Chile and the Government of the Kingdom of

Belgium, signed at Brussels on 13 September 2001, hereinafter referred to as ‘Chile-Belgium Agreement’,

— Air Services Agreement between the Government of the Kingdom of Denmark and the Government of the
Republic of Chile, signed at Copenhagen on 27 June 2001, hereinafter referred to as ‘Chile-Denmark Agreement’,

— Agreement between the Governments of the Republic of Chile and the Republic of France concerning air services
between and beyond their respective territories, signed at Paris on 6 December 1979, hereinafter referred to as
‘Chile-France Agreement’,

— Air Transport Agreement between the Federal Republic of Germany and the Republic of Chile, signed at Santiago

de Chile on 30 March 1964, as amended, hereinafter referred to as ‘Chile-Germany Agreement’,

— Air Services Agreement between the Government of the Republic of Chile and the Government of the Italian

Republic, signed at Rome on 27 February 2002, hereinafter referred to as ‘Chile-Italy Agreement’,

— Agreement between the Government of the Grand-Duchy of Luxembourg and the Government of the Republic of
Chile concerning air services between their respective territories, signed at Luxembourg on 25 February 2002,
hereinafter referred to as ‘Chile-Luxembourg Agreement’,

— Air Services Agreement between the Kingdom of the Netherlands and the Republic of Chile, signed at Santiago de

Chile on 13 July 1962, hereinafter referred to as ‘Chile-Netherlands Agreement’,

— Draft Air Services Agreement between the Republic of Chile and the Kingdom of the Netherlands for air services
between their respective territories, initialled and attached as Annex B to the Agreed Minutes of the Aeronautical
Consulting Meeting between the Netherlands and Chile signed at Santiago de Chile on 12 April 2001, hereinafter
referred to as ‘Draft Revised Chile-Netherlands Agreement’,

— Agreement between the Government of Chile and the Government of Spain concerning commercial air transport
services, signed at Santiago de Chile on 17 December 1974, hereinafter referred to as ‘Chile-Spain Agreement’,

— Air Services Agreement between the Government of the Republic of Chile and the Government of the Kingdom of

Sweden, signed in Copenhagen on 27 June 2001, hereinafter referred to as ‘Chile-Sweden Agreement’,

— Agreement between the Republic of Chile and the United Kingdom of Great Britain and Northern Ireland
concerning air services, signed at Santiago de Chile on 16 September 1947, hereinafter referred to as ‘Chile-UK
Agreement’,

— Draft Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the
Government of
initialled and attached as Annex B to the
Memorandum of Understanding between the aeronautical authorities of the United Kingdom and Chile signed
at Santiago de Chile on 31 May 2000, hereinafter referred to as ‘Draft Revised Chile-UK Agreement’.

the Republic of Chile concerning air services,

2. Air service agreements and other arrangements initialled or signed between the Republic of Chile and Member States
which, at the date of signature of this Agreement, have not yet entered into force and are not being applied
provisionally

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ANNEX II

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

1. Designation by a Member State:

— Article 3 of the Chile-Belgium Agreement,

— Article 3 of the Chile-Denmark Agreement,

— Article 4 of the Chile-France Agreement,

— Article 3 of the Chile-Germany Agreement,

— Article 3 of the Chile-Italy Agreement,

— Article 3 of the Chile-Luxembourg Agreement,

— Article 3 of the Draft Revised Chile-Netherlands Agreement,

— Article 3 of the Chile-Spain Agreement,

— Article 3 of the Chile-Sweden Agreement,

— Article 4 of the Draft Revised Chile-UK Agreement.

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

— Article 4 of the Chile-Belgium Agreement,

— Article 4 of the Chile-Denmark Agreement,

— Article 5 of the Chile-France Agreement,

— Article 4 of the Chile-Germany Agreement,

— Article 4 of the Chile-Italy Agreement,

— Article 4 of the Chile-Luxembourg Agreement,

— Article V of the Chile-Netherlands Agreement,

— Article 4 of the Draft Revised Chile-Netherlands Agreement,

— Article 4 of the Chile-Spain Agreement,

— Article 4 of the Chile-Sweden Agreement,

— Article 4 of the Chile-UK Agreement,

— Article 5 of the Draft Revised Chile-UK Agreement.

3. Regulatory control:

— Article 6 of the Chile-Belgium Agreement,

— Article 14 of the Chile-Denmark Agreement,

— Annex 3 to the Protocol between the aeronautical authorities of the Federal Republic of Germany and the Republic
of Chile, signed at Berlin on 2 April 1998 — as applied provisionally in the framework of the Germany-Chile
Agreement,

— Article 6 of the Chile-Italy Agreement,

— Article 6 of the Chile-Luxembourg Agreement,

— Article 6 of the Draft Revised Chile-Netherlands Agreement,

— Article 14 of the Chile-Sweden Agreement,

— Article 14 of the Draft Revised Chile-UK Agreement.

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4. Taxation of aviation fuel:

— Article 9 of the Chile-Belgium Agreement,

— Article 6 of the Chile-Denmark Agreement,

— Article 10 of the Chile-France Agreement,

— Article 6 of the Chile-Germany Agreement,

— Article 9 of the Chile-Italy Agreement,

— Article 15 of the Chile-Luxembourg Agreement,

— Article III of the Chile-Netherlands Agreement,

— Article 15 of the Draft Revised Chile-Netherlands Agreement,

— Article 5 of the Chile-Spain Agreement,

— Article 6 of the Chile-Sweden Agreement,

— Article 8 of the Draft Revised Chile-UK Agreement.

5. Tariffs for carriage within the Community:

— Article 12 of the Chile-Belgium Agreement,

— Article 10 of the Chile-Denmark Agreement,

— Article 9 of the Chile-France Agreement,

— Article 8 of the Chile-Germany Agreement,

— Article 12 of the Chile-Italy Agreement,

— Article 14 of the Chile-Luxembourg Agreement,

— Article 14 of the Draft Revised Chile-Netherlands Agreement,

— Article 8 of the Chile-Spain Agreement,

— Article 10 of the Chile-Sweden Agreement,

— Article 9 of the Chile-UK Agreement,

— Article 7 of the Draft Revised Chile-UK Agreement.

ANNEX III

List of other States referred to in Article 2

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

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

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

4. The Swiss Confederation (under the Agreement between the European Community and the Swiss Confederation on

Air Transport).