Proposal for a Council Decision on the signature and provisional application of the Agreement between the European Community and the Oriental Republic of Uruguay on certain aspects of air services
Date: 2006-02-17
Institutions: European Commission
Subjects: European Community, Uruguay, air transport, signature of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 17.02.2006 
COM(2006) 64 final 

2006/0016 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the signature and provisional application of the Agreement between the European 
Community and the Oriental Republic of Uruguay on certain aspects of air services 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Community and the Oriental 
Republic of Uruguay on certain aspects of air services 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

International aviation relations between Member States and third countries have traditionally 
been  governed  by  bilateral  air  services  agreements  between  Member  States  and  third 
countries,  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 cases C-
466/98,  C-467/98,  C-468/98,  C-471/98,  C-472/98,  C-475/98  and  C-476/98,  the  Community 
has exclusive competence with respect to various aspects of external aviation. The Court of 
Justice  also  clarified  the  right  of  Community  air  carriers  to  benefit  from  the  right  of 
establishment within the Community, including the right to non-discriminatory market access. 

Traditional  designation  clauses  in  Member  States’  bilateral  air  services  agreements  infringe 
Community law. They allow a third country to reject, withdraw or suspend the permissions or 
authorisations  of  an  air  carrier  that  has  been  designated  by  a  Member  State  but  that  is  not 
substantially owned and effectively controlled by that Member State or its nationals. This has 
been found to constitute discrimination against Community carriers established in the territory 
of  a  Member  State  but  owned  and  controlled  by  nationals  of  other  Member  States.  This  is 
contrary to Article 43 of the Treaty which guarantees nationals of Member States who have 
exercised their freedom of establishment the same treatment in the host Member State as that 
accorded to nationals of that Member State. 

Following  the  Court  of  Justice  judgements,  the  Council  authorised  the  Commission  in  June 
2003  to  open  negotiations  with  third  countries  on  the  replacement  of  certain  provisions  in 
existing bilateral agreements with a Community agreement.1 

In  accordance  with  the  mechanisms  and  directives  in  the  Annex  to  the  Council  decision 
authorising the Commission to open negotiations with third countries on the replacement of 
certain  provisions  in  existing  bilateral  agreements  with  a  Community  agreement,  the 
Commission has negotiated an agreement with the Oriental Republic of Uruguay that replaces 
certain provisions in the existing bilateral air services agreements between Member States and 
the  Oriental  Republic  of  Uruguay.  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  provisional  application 
and on the conclusion of the Agreement between the European Community and the Oriental 
Republic of Uruguay on certain aspects of air services and to designate the persons authorised 
to sign the Agreement on behalf of the Community.  

1 

Council Decision 11323/03 of 5 June 2003 (restricted document) 

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Proposal for a 

COUNCIL DECISION 

on the signature and provisional application of the Agreement between the European 
Community and the Oriental Republic of Uruguay on certain aspects of air services 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
80(2) in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof, 

Having regard to the proposal from the Commission2, 

Whereas: 

(1) 

(2) 

The  Council  authorised  the  Commission  on  5  June  2003  to  open  negotiations  with 
third  countries  on  the  replacement  of  certain  provisions  in  existing  bilateral 
agreements with a Community agreement. 

On behalf of the Community, the Commission has negotiated an Agreement with the 
Oriental Republic of Uruguay on certain aspects of air services in accordance with the 
mechanisms  and  directives  in  the  Annex  to  the  Council  Decision  authorising  the 
Commission  to  open  negotiations  with  third  countries  on  the  replacement  of  certain 
provisions in existing bilateral agreements with a Community agreement. 

(3) 

Subject  to  its  possible  conclusion  at  a  later  date,  the  Agreement  negotiated  by  the 
Commission should be signed and provisionally applied. 

HAS DECIDED AS FOLLOWS:  

Sole Article  

1. 

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 the Oriental Republic of Uruguay on certain aspects of air 
services subject to its conclusion at a later date. 

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 for in Article 
9(2) of the Agreement. 

2 

OJ C , , p. . 

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3. 

The text of the Agreement is attached to this Decision. 

Done at Brussels,  

For the Council 
The President 

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2006/0016 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Community and the Oriental 
Republic of Uruguay on certain aspects of air services 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
80(2) in conjunction with the first sentence of the first subparagraph of Article 300(2) and the 
first subparagraph of Article 300(3) thereof, 

Having regard to the proposal from the Commission3, 

Having regard to the opinion of the European Parliament4, 

Whereas: 

(1) 

(2) 

The  Council  authorised  the  Commission  on  5  June  2003  to  open  negotiations  with 
third  countries  on  the  replacement  of  certain  provisions  in  existing  bilateral 
agreements with a Community agreement. 

On behalf of the Community, the Commission has negotiated an Agreement with the 
Oriental Republic of Uruguay on certain aspects of air services in accordance with the 
mechanisms  and  directives  in  the  Annex  to  the  Council  Decision  authorising  the 
Commission  to  open  negotiations  with  third  countries  on  the  replacement  of  certain 
provisions in existing bilateral agreements with a Community agreement. 

(3) 

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

(4) 

The Agreement should be approved, 

HAS DECIDED AS FOLLOWS:  

Article 1  

The  Agreement  between  the  European  Community  and  the  Oriental  Republic  of 
Uruguay  on  certain  aspects  of  air  services  is  hereby  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 attached 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 the Oriental Republic of Uruguay 

on certain aspects of air services 

THE EUROPEAN COMMUNITY  

of the one part, and  

THE ORIENTAL REPUBLIC OF URUGUAY 

of the other part 

(hereinafter referred to as ‘the Parties’) 

NOTING  that  bilateral  air  service  agreements  have  been  signed  between  several  Member 
States  of  the  European  Community  and  the  Oriental  Republic  of  Uruguay  containing 
provisions contrary to European 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 
states providing for the possibility for the nationals of such third states 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 the Oriental Republic of Uruguay, 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  the 
Oriental Republic of Uruguay and to preserve the continuity of such air services, 

NOTING  that  under  European  Community  law  air  carriers  may  not,  in  principle,  conclude 
agreements which may affect trade between Member States of the European Community and 
which have as their object or effect the prevention, restriction or distortion of competition, 

RECOGNISING that, in the light of the above, provisions in bilateral air service agreements 
concluded between Member States of the European Community and the Oriental Republic of 
Uruguay  which  i)  require  or  favour  the  adoption  of  agreements  between  undertakings, 
decisions by associations of undertakings or concerted practices that prevent, distort or restrict 
competition between air carriers on the relevant routes; or ii) reinforce the effects of any such 
agreement,  decision  or  concerted  practice;  or  iii)  delegate  to  air  carriers  or  other  private 
economic  operators  the  responsibility  for  taking  measures  that  prevent,  distort  or  restrict 

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competition between air carriers on the relevant routes may render ineffective the competition 
rules applicable to undertakings, 

NOTING that it is not a purpose of the European Community to affect the balance between 
Community air carriers and air carriers of the Oriental Republic of Uruguay, 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. 

2. 

3. 

1. 

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

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 and Limitation of Authorisations 

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 the Oriental Republic of Uruguay, and the 
refusal,  revocation,  suspension  or  limitation  of  the  authorisations  or  permissions  of 
the air carrier, respectively. The provisions in paragraphs 4 and 5 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 Oriental Republic 
of Uruguay, 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. 

2. 

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

i. 

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

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ii. 

iii. 

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, or 
by other states listed in Annex 3 and/or nationals of such other states. 

3. 

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

i. 

ii. 

iii. 

iv. 

v. 

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; or 

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  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; or 

the Oriental Republic of Uruguay demonstrates that, by exercising traffic rights 
under this Agreement on a route that includes a point in another Member State, 
the  airline  would  be  circumventing  restrictions  on  traffic  rights  imposed  by  a 
bilateral  agreement  between  the  Oriental  Republic  of  Uruguay  and  that  other 
Member state; or 

the  airline  holds  an  Air  Operators  Certificate  issued  by  a  Member  State  and 
there  is  no  bilateral  air  services  agreement  between  the  Oriental  Republic  of 
Uruguay and that Member State, and traffic rights to that Member State have 
been denied to the air carrier designated by the Oriental Republic of Uruguay.  

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

4. 

On  receipt  of  a  designation  by  the  Oriental  Republic  of  Uruguay,  a  Member  State 
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  Oriental  Republic  of 
Uruguay; and  

the  Oriental  Republic  of  Uruguay  has  and  maintains  effective  regulatory 
control of the airline and is responsible for issuing its Air Operators Certificate; 
and  

the air carrier is owned and effectively controlled directly or through majority 
ownership  by  LACAC  Member  States  and/or  nationals  of  LACAC  Member 
States, unless more favourable provisions have been agreed in the bilateral air 

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services  agreement  between  that  Member  State  and  the  Oriental  Republic  of 
Uruguay. 

5. 

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

i. 

ii. 

iii. 

iv. 

the air carrier is not established in the Oriental Republic of Uruguay; or 

effective regulatory control of the air carrier is not exercised or not maintained 
by  the  Oriental  Republic  of  Uruguay  or  the  Oriental  Republic  of  Uruguay  is 
not responsible for issuing its Air Operators Certificate; or 

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

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

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  the  Oriental 
Republic  of  Uruguay  under  the  safety  provisions  of  the  agreement  between  the 
Member  State  that  has  designated  the  air  carrier  and  the  Oriental  Republic  of 
Uruguay  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 
authorisations 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 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 Oriental Republic of 
Uruguay  that  operates  between  a  point  in  the  territory  of  that  Member  State  and 

1. 

2. 

1. 

2. 

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3. 

1. 

2. 

1. 

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  the  Oriental  Republic  of  Uruguay 
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 that operates between a point in the territory of the Oriental Republic 
of Uruguay and another point in the territory of the Oriental Republic of Uruguay or 
in the territory of another LACAC Member State. 

ARTICLE 5 
Tariffs for carriage within the European Community  

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 the Oriental Republic of 
Uruguay  under  an  agreement  listed  in  Annex  1  containing  a  provision  listed  in 
Annex 2 (e) for carriage wholly within the European Community shall be subject to 
European  Community  law.  European  Community  law  is  applied  in  a  non-
discriminatory manner. 

ARTICLE 6 
 Compatibility with competition rules  

The  bilateral  air  services  agreements  concluded  between  Member  States  and  the 
Oriental  Republic  of  Uruguay  shall  not  i)  require  or  favour  the  adoption  of 
agreements  between  undertakings,  decisions  by  associations  of  undertakings  or 
concerted  practices  that  prevent,  distort  or  restrict  competition  between  air  carriers 
on the relevant routes; or ii) reinforce the effects of any such agreement, decision or 
concerted practice; or iii) delegate to air carriers or other private economic operators 
the  responsibility  for  taking  measures  that  prevent,  distort  or  restrict  competition 
between air carriers on the relevant routes. 

2. 

The  provisions  listed  in  Annex  2  (f)  shall  not  be  applied  in  a  way  that  would  be 
incompatible with paragraph 1 of this Article. 

ARTICLE 7 
Annexes to the Agreement 

The Annexes to this Agreement form an integral part thereof. 

ARTICLE 8 
Revision or amendment  

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

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ARTICLE 9 
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 contracting 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 between Member States and the Oriental Republic of Uruguay 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 10 
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, sign 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, and Swedish languages. In case of divergence 
the Spanish text shall prevail over the other language texts. 

FOR THE EUROPEAN COMMUNITY: 
URUGUAY: 

FOR  THE  ORIENTAL  REPUBLIC  OF 

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Annex 1 

List of agreements referred to in Article 1 of this Agreement 

(a)  Air  service  agreements  between  the  Oriental  Republic  of  Uruguay  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  between  the  Oriental  Republic  of  Uruguay  and  the  Federal  Republic  of 
Germany on air transport, signed at Montevideo on 31 August 1957, hereinafter referred to 
as “Uruguay – Germany Agreement” in Annex 2; 

Last modified by the Agreed Record done at Bonn on 9 July 1997. 

–  Agreement  between  the  Government  of  the  Oriental  Republic  of  Uruguay  and  the 
Government of the Kingdom of Belgium concerning air services, signed at Montevideo on 
5 October 1972, hereinafter referred to as “Uruguay – Belgium Agreement” in Annex 2; 

–  Agreement  between  the  Government  of  the  Oriental  Republic  of  Uruguay  and  the 
Government  of  the  Kingdom  of  Denmark  on  air  services,  signed  at  Montevideo  on  18 
December 1981, hereinafter referred to as “Uruguay – Denmark Agreement” in Annex 2; 

–  Agreement  between  the  Kingdom  of  Spain  and  the  Oriental  Republic  of  Uruguay  on 
commercial air transport, signed at Montevideo on 13 August 1979, hereinafter referred to 
as “Uruguay – Spain Agreement” in Annex 2; 

Last Modified by the Agreed Record signed at Madrid on 21 October 2005; 

–  Agreement between the Oriental Republic of Uruguay and the Portuguese Republic on air 
transport,  as  provided  for  in  Annex  2  to  the  Memorandum  of  Understanding  signed  in 
Lisbon on 9 September 1998, hereinafter referred to as “Uruguay – Portugal Agreement” 
in Annex 2; 

–  Agreement  between  the  Government  of  the  Oriental  Republic  of  Uruguay  and  the 
Government of the United Kingdom of Great Britain and Northern Ireland, as provided for 
in  Annex  B  to  the  Agreed  Record  signed  at  London  on  6  February  1998,  hereinafter 
referred to as “Uruguay – United Kingdom Agreement” in Annex 2; 

–  Agreement  between  the  Government  of  the  Oriental  Republic  of  Uruguay  and  the 
Government  of  the  Kingdom  of  Sweden  on  air  services,  signed  at  Montevideo  on  18 
December 1981, hereinafter referred to as “Uruguay – Sweden Agreement” in Annex 2. 

(b)  Air  service  agreements  and  other  arrangements  initialled  or  signed  between  the 
Oriental Republic of Uruguay 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  

–  Draft  Agreement  between  the  Government  of  the  Oriental  Republic  of  Uruguay  and  the 
Federal Government of Austria on air transport, as provided for in Annex B to the Protocol 
signed  at  Montevideo  on  28  February  1996,  hereinafter  referred  to  as  “Draft  Uruguay  – 
Austria Agreement” in Annex 2; 

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–  Draft Air Transport Agreement between the Kingdom of Spain and the Oriental Republic 
of  Uruguay,  as  provided  for  in  Annex  to  the  Agreed  Record  signed  at  Madrid  on  21 
October  2005,  hereinafter  referred  to  as  “Draft  Revised  Uruguay  –  Spain  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: 

–  Article 3 of the Uruguay – Germany Agreement; 

–  Article 3 of the Draft Uruguay – Austria Agreement; 

–  Article 3 of the Uruguay – Belgium Agreement; 

–  Article 3 of the Uruguay – Denmark Agreement; 

–  Article 3 of the Uruguay – Spain Agreement; 

–  Article 3 of the Draft Revised Uruguay – Spain Agreement; 

–  Article 3 of the Uruguay – Portugal Agreement; 

–  Article 4 of the Uruguay – United Kingdom Agreement; 

–  Article 3 of the Uruguay – Sweden Agreement; 

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

–  Article 4 of the Uruguay – Germany Agreement; 

–  Article 4 of the Draft Uruguay – Austria Agreement; 

–  Article 3 of the Uruguay – Belgium Agreement; 

–  Article 4 of the Uruguay – Denmark Agreement; 

–  Article 4 of the Uruguay – Spain Agreement; 

–  Article 4 of the Draft Revised Uruguay – Spain Agreement; 

–  Article 4 of the Uruguay – Portugal Agreement; 

–  Article 5 of the Uruguay – United Kingdom Agreement; 

–  Article 4 of the Uruguay – Sweden Agreement; 

(c) Safety: 

–  Article  on  safety  as  provided  for  in  Annex  3  of  the  Agreed  Record  signed  at  Bonn  on  9 

July 1997 relating to the Uruguay – Germany Agreement; 

–  Article 17 of the Uruguay – Portugal Agreement; 

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–  Article 14 of the Uruguay – United Kingdom Agreement; 

(d) Taxation of Aviation Fuel: 

–  Article 6 of the Uruguay – Germany Agreement; 

–  Article 7 of the Draft Uruguay – Austria Agreement; 

–  Article 4 of the Uruguay – Belgium Agreement; 

–  Article 9 of the Uruguay – Denmark Agreement; 

–  Article 6 of the Uruguay – Spain Agreement; 

–  Article 5 of the Draft Revised Uruguay – Spain Agreement; 

–  Article 6 of the Uruguay – Portugal Agreement; 

–  Article 8 of the Uruguay – United Kingdom Agreement; 

–  Article 9 of the Uruguay – Sweden Agreement; 

(e) Tariffs for Carriage within the European Community: 

–  Article 9 of the Uruguay – Germany Agreement; 

–  Article 11 of the Draft Uruguay – Austria Agreement; 

–  Article 9 of the Uruguay – Belgium Agreement; 

–  Article 6 of the Uruguay – Denmark Agreement; 

–  Article 7 of the Uruguay – Spain Agreement; 

–  Article 16 of the Uruguay – Portugal Agreement; 

–  Article 7 of the Uruguay – United Kingdom Agreement; 

–  Article 6 of the Uruguay – Sweden Agreement; 

(f) Compatibility with competition rules: 

–  Article 9 of the Uruguay – Germany Agreement; 

–  Article 11 of the Draft Uruguay – Austria Agreement; 

–  Article 9 of the Uruguay – Belgium Agreement; 

–  Article 6 of the Uruguay – Denmark Agreement; 

–  Article 7 of the Uruguay – Spain Agreement; 

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–  Article 16 of the Uruguay – Portugal Agreement; 

–  Article 6 of the Uruguay – Sweden Agreement; 

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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). 

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