Proposal for a Council Decision on the signature and provisional application of the Agreement between the European Community and the Republic of Maldives on certain aspects of air services
Date: 2006-03-03
Institutions: European Commission
Subjects: European Community, Maldives, air transport, signature of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 3.3.2006 
COM(2006) 95 final 

2006/0027 (CNS) 

Proposal for a 

COUNCIL DECISION 

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

Proposal for a 

COUNCIL DECISION 

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

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1)  CONTEXT OF THE PROPOSAL 

110 

•  Grounds for and objectives of the proposal 

Following the judgements of the Court of Justice in the so-called “Open Skies” cases, 
on  5  June  2003  the  Council  granted  the  Commission  a  mandate  to  open  negotiations 
with  third  countries  on  the  replacement  of  certain  provisions  in  existing  agreements 
with  a  Community  agreement1  (the  “horizontal  mandate”).  The  objectives  of  such 
agreements are to give all EU air carriers non-discriminatory access to routes between 
the  Community  and  third  countries,  and  to  bring  bilateral  air  service  agreements 
between Member States and third countries in line with Community law. 

120 

•  General context 

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. 

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. 

There  are  further  issues,  such  as  aviation  fuel  taxation  or  tariffs  introduced  by  third 
country  air  carriers  on  intra-Community  routes,  where  compliance  with  Community 
law  should  be  ensured  through  amending  or  complementing  existing  provisions  in 
bilateral air services agreements between Member States and third countries. 

130 

140 

•  Existing provisions in the area of the proposal 

The provisions of the Agreement supersede or complement the existing provisions in 
the seven bilateral air services agreements between Member States and the Republic of 
Maldives. 

•  Consistency with the other policies and objectives of the Union 

The Agreement will serve a fundamental objective of the Community external aviation 
policy  by  bringing  existing  bilateral  air  services  agreements  in  line  with  Community 
law. 

1 

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

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2)  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

Consultation methods, main sectors targeted and general profile of respondents 

Member States as well as the industry were consulted throughout the negotiations. 

Summary of responses and how they have been taken into account 

Comments made by Member States and the industry have been taken into account. 

3)  LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

In  accordance  with  the  mechanisms  and  directives  in  the  Annex  to  the  ”horizontal 
mandate”, the Commission has negotiated an agreement with the Republic of Maldives 
that replaces certain provisions in the existing bilateral air services agreements between 
Member States and the Republic of Maldives. 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 
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. 

two 

•  Legal basis 

EC Treaty Art. 80(2), 300(2) 

•  Subsidiarity principle 

The  proposal  is  entirely  based  on  the  “horizontal  mandate”  granted  by  the  Council 
taking  into  account  the  issues  covered  by  Community  law  and  bilateral  air  services 
agreements. 

•  Proportionality principle 

The  Agreement  will  amend  or  complement  provisions  in  bilateral  air  services 
agreements only to the extent necessary to ensure compliance with Community law. 

•  Choice of instruments 

The  Agreement  between  the  Community  and  the  Republic  of  Maldives  is  the  most 
efficient  instrument  to  bring  all  existing  bilateral  air  services  agreements  between 
Member States and the Republic of Maldives into conformity with Community law. 

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329 

342 

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409 

510 

511 

512 

570 

4)  BUDGETARY IMPLICATION 

The proposal has no implication for the Community budget. 

5)  ADDITIONAL INFORMATION 

•  Simplification 

The proposal provides for simplification of legislation. 

The  relevant  provisions  of  bilateral  air  services  agreements  between  Member  States 
and  the  Republic  of  Maldives  will  be  superseded  or  complemented  by  provisions  in 
one single Community agreement. 

•  Detailed explanation of the proposal 

In  accordance  with  the  standard  procedure  for  the  signature  and  conclusion  of 
international agreements, 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 Republic of Maldives on certain aspects of air services 
and  to  designate  the  persons  authorised  to  sign  the  Agreement  on  behalf  of  the 
Community.  

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Proposal for a 

COUNCIL DECISION 

on the signature and provisional application of the Agreement between the European 
Community and the Republic of Maldives 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 
Republic  of  Maldives  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. 

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

2 

OJ C […], […], p. […]. 

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2. 

Pending  its  entry  into  force,  the  Agreement  shall  be  applied  provisionally  from  the 
first day of the first month following the date on which the parties have notified each 
other of the completion of the necessary procedures for this purpose. The President 
of  the  Council  is  hereby  authorised  to  make  the  notification  provided  for  in 
Article 9(2) of the Agreement. 

3. 

The text of the Agreement is attached to this Decision. 

Done at Brussels,  

For the Council 
The President 

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2006/0027 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Community and the Republic 
of Maldives 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 Republic of Maldives on 
certain aspects of air services is hereby approved on behalf of the Community. 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 

1. 

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4 
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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 Republic of Maldives 

on certain aspects of air services 

THE EUROPEAN COMMUNITY  

of the one part, and  

THE REPUBLIC OF MALDIVES  

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  the  Republic  of  Maldives  containing  provisions 
contrary to Community law, 

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

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

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

RECOGNISING  that  certain  provisions  of  the  bilateral  air  service  agreements  between 
Member States of the European Community and the Republic of Maldives, 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  Republic  of 
Maldives 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  provisions  in  bilateral  air  service  agreements  concluded  between 
Member States of the European Community and the Republic of Maldives 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  competition  between  air 

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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, as part of these negotiations, to 
increase the total volume of air traffic between the European Community and the Republic of 
Maldives,  to  affect  the  balance  between  Community  air  carriers  and  air  carriers  of  the 
Republic of  Maldives,  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. 

2. 

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

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

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

ARTICLE 2 

Designation by a Member State 

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

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

i. 

ii. 

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

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

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iii. 

the  air  carrier  is  owned,  directly  or  through  majority  ownership,  and  it  is 
effectively  controlled  by  Member  States  and/or  nationals  of  Member  States, 
and/or by other states listed in Annex 3 and/or nationals of such other states. 

3. 

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

i. 

ii. 

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

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

iii. 

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

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

ARTICLE 3 

Safety 

1. 

2. 

1. 

2. 

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

Where  a  Member  State  has  designated  an  air  carrier  whose  regulatory  control  is 
exercised  and  maintained  by  another  Member  State,  the  rights  of  the  Republic  of 
Maldives  under  the  safety  provisions  of  the  agreement  between  the  Member  State 
that has designated the air carrier and the Republic of Maldives 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, 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 Maldives 
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. 

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1. 

2. 

1. 

2. 

1. 

2. 

3. 

ARTICLE 5 

Tariffs for carriage within the European Community 

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

The tariffs to be charged by the air carrier(s) designated by the Republic of Maldives 
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 

Compatibility with competition rules 

Bilateral air service agreements concluded between Member States and the Republic 
of Maldives shall be without prejudice to the competition rules of the Parties. 

The provisions listed in Annex 2 (f) shall be deleted and shall cease to have effect. 

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

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

Agreements  and  other  arrangements  between  Member  States  and  the  Republic  of 
Maldives 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. 

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ARTICLE 10 

Termination 

1. 

2. 

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.  

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

Done at [….] in duplicate, on this […] day of […, …] in the Czech, Danish, Dutch, 
English,  Estonian,  Finnish,  French,  German,  Greek,  Hungarian,  Italian,  Latvian, 
Lithuanian,  Maltese,  Polish,  Portuguese,  Slovak,  Slovene,  Spanish,  Swedish  and 
Maldivian Dhivehi languages. 

FOR THE EUROPEAN COMMUNITY: 

FOR THE REPUBLIC OF MALDIVES: 

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ANNEX 1  

List of agreements referred to in Article 1 of this Agreement 

(a) 

Air  service  agreements  between  the  Republic  of  Maldives  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  Austrian  Federal  Government  and  the 
Government  of  the  Republic  of  Maldives  done  at  Malé  on  4  February  1997, 
hereinafter referred to as “Maldives–Austria Agreement” in Annex 2; 

–  Agreement  between  the  Government  of  the  French  Republic  et  the 
Government of the Republic of Maldives relating to air services done at Malé 
on  5  February  2001,  hereinafter  referred  to  as  “Maldives-France  Agreement”  in 
Annex 2; 

–  Air  Transport  Agreement  between  the  Federal  Republic  of  Germany  and  the 
Republic of Maldives done at Malé on 10 November 1993 hereinafter referred to 
as “Maldives-Germany Agreement” in Annex 2; 

–  Agreement between the Government of the Kingdom of the Netherlands and 
the  Government  of  the  Republic  of  Maldives  for  air  services  between  and 
beyond their respective territories done at The Hague on 23 June 1994, hereinafter 
referred to as “Maldives–The Netherlands Agreement” in Annex 2 ; 

–  Agreement between the Government of the United Kingdom of Great Britain 
and Northern Ireland and the Government of the Republic of Maldives done 
at  Malé  on  20  January  1996,  hereinafter  referred  to  as  “Maldives–United 
Kingdom Agreement” in Annex 2; 

Modified by Memorandum of Understanding done at Malé on 7 September 2000; 

(b) 

Air  service  agreements  and  other  arrangements  initialled  or  signed 
between  the  Republic  of  Maldives  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  Czech  Republic  and  the 
Government  of  the  Republic  of  Maldives  concerning  air  services  initialled  at 
Malé on 25 November 2004, hereinafter referred to as “Maldives–Czech Republic 
Agreement” in Annex 2; 

–  Agreement  between  the  Government  of  the  Italian  Republic  and  the 
Government  of  the  Republic  of  Maldives  concerning  air  services  initialled  at 
Malé on 20 January 2000, hereinafter referred to as “Maldives–Italy Agreement” 
in Annex 2. 

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ANNEX 2  

List of articles in the agreements listed in Annex 1 and referred to in Articles 2 to 6 of 
this Agreement 

(a) 

Designation by a Member State: 

–  Article 3 of the Maldives-Austria Agreement; 

–  Article 3 of the Maldives-France Agreement; 

–  Article 4 of the Maldives-Italy Agreement; 

–  Article 4 of the Maldives-The Netherlands Agreement; 

–  Article 4 of the Maldives-United Kingdom Agreement; 

(b) 

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

–  Article 4 of the Maldives-Austria Agreement; 

–  Article 4 of the Maldives-France Agreement; 

–  Article 5 of the Maldives-Italy Agreement; 

–  Article 5 of the Maldives-The Netherlands Agreement; 

–  Article 5 of the Maldives-United Kingdom Agreement; 

(c) 

Safety: 

–  Article 7 of the Maldives-France Agreement; 

–  Article 11 of the Maldives-Italy Agreement; 

–  Article 14 of the Maldives-The Netherlands Agreement; 

(d) 

Taxation of aviation fuel: 

–  Article 7 of the Maldives-Austria Agreement; 

–  Article 9 of the Maldives-Czech Republic Agreement; 

–  Article 10 of the Maldives-France Agreement; 

–  Article 6 of the Maldives-Germany Agreement; 

–  Article 6 of the Maldives-Italy Agreement; 

–  Article 10 of the Maldives-The Netherlands Agreement; 

–  Article 8 of the Maldives-United Kingdom Agreement; 

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(e) 

Tariffs for Carriage within the European Community: 

–  Article 11 of the Maldives-Austria Agreement; 

–  Article 14 of the Maldives-France Agreement; 

–  Article 10 of the Maldives-Germany Agreement; 

–  Article 8 of the Maldives-Italy Agreement; 

–  Article 6 of the Maldives-The Netherlands Agreement; 

–  Article 7 of the Maldives-United Kingdom Agreement; 

(f) 

Compatibility with competition rules: 

–  Article 11 (2-5) of the Maldives-Austria Agreement; 

–  Article 14 (3-5) of the Maldives-France Agreement; 

–  Article 8 (3 and 6) of the Maldives-Italy Agreement; 

–  Article 6 (2-5) of the Maldives-The Netherlands 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  on  Air 
Transport) 

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