Agreement between the European Community and Serbia and Montenegro on certain aspects of air services
Date: 2006-05-05
Institutions: European Community, Serbia and Montenegro
Subjects: Serbia and Montenegro, agreement (EU), air transport

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Official Journal of the European Union

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between the European Community and Serbia and Montenegro on certain aspects of air services

AGREEMENT

THE EUROPEAN COMMUNITY,

of the one part, and

SERBIA AND MONTENEGRO,

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 Serbia and Montenegro 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 countries providing for the
possibility for the nationals of such third countries to acquire ownership in air carriers licensed in accordance with
European Community law,

RECOGNISING that provisions of
the European
Community and Serbia and Montenegro, 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
Serbia and Montenegro and to preserve the continuity of such air services,

the bilateral air service agreements between Member States of

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 Serbia and Montenegro, to affect the balance between Community air
carriers and air carriers of Serbia and Montenegro, or to negotiate amendments to the provisions of existing bilateral air
service agreements concerning traffic rights,

HAVE AGREED AS FOLLOWS:

Article 1

General provisions

Article 2

Designation by a Member State

For the purposes of this Agreement, ‘Member States’ shall

1.
mean Member States of the European Community.

References in each of the Agreements listed in Annex I to
2.
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.

1.
The provisions in paragraphs 2 and 3 of this Article shall
supersede the corresponding provisions in the Articles listed in
Annex II(a) and (b) respectively, in relation to the designation of
an air carrier by the Member State concerned, its authorisations
and permissions granted by Serbia and Montenegro, and the
refusal, revocation, suspension or limitation of
the authori-
sations or permissions of the air carrier, respectively.

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.

On receipt of a designation by a Member State, Serbia and
the appropriate authorisations and

2.
Montenegro shall grant
permissions with minimum procedural delay provided that:

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(i)

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

(ii) 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 aero-
nautical authority is clearly identified in the designation;
and

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

(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 III and/or nationals of such other
States.

Serbia and Montenegro may refuse, revoke, suspend or
the authorisations or permissions of an air carrier

3.
limit
designated by a Member State where:

(i)

the air carrier is not established, under the Treaty estab-
lishing the European Community,
in the territory of the
designating Member State or does not have a valid
European
Operating
Community law;

accordance with

Licence

in

(ii) 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 aero-
nautical authority is not clearly identified in the desig-
nation; 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 III and/or nationals of such other
States.

In exercising its
this paragraph, Serbia and
Montenegro shall not discriminate between Community air
carriers on the grounds of nationality.

right under

Article 3

Rights with regard to regulatory control

The provisions

1.
complement
listed in Annex II(c).

in paragraph 2 of

the corresponding provisions

this Article shall
in the Articles

The provisions

1.
complement
listed in Annex II(d).

in paragraph 2 of

the corresponding provisions

this Article shall
in the Articles

2.
Notwithstanding any other provision to the contrary,
nothing in each of the Agreements listed in Annex II(d) shall
prevent a Member State or Serbia and Montenegro 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 or of
Serbia and Montenegro that operates between two points
within the respective territories of the Contracting Parties.

Article 5

Tariffs for carriage within the European Community

The provisions

this Article shall
1.
complement the corresponding provisions in the articles listed
in Annex II(e).

in paragraph 2 of

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

Article 6

Annexes to the Agreement

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

Article 7

Revision or amendment

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

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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.

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.
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 Serbia and Montenegro 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(b). This Agreement shall apply to all such Agreements and
arrangements upon their entry into force or provisional appli-
cation.

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.

Done at Salzburg in duplicate, on this fifth day of May in the
in the Czech, Danish, Dutch,
year two thousand and six,
English, Estonian, Finnish, French, German, Greek, Hungarian,
Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak,
Slovenian, Spanish, Swedish and Serbian 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 la 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
За Европску Заједниџу

Por Serbia y Montenegro
Za Srbsko a Černou Horu
For Serbien og Montenegro
Für Serbien und Montenegro
Serbia ja Montenegro nimel
Για τη Σερβία και Μαυροβούνιο

For Serbia and Montenegro
Pour la Serbie-Monténégro
Per Serbia e Montenegro
Serbijas un Melnkalnes vārdā
Serbijos ir Juodkalnijos vardu
Szerbia és Montenegró részéről
Għas-Serbja u Montenegro
Voor Servië en Montenegro
W imieniu Serbii i Czarnogóry
Pela Sérvia e Montenegro
Za Srbsko a Čiernu Horu
Za Srbijo in Črno goro
Serbia ja Montenegron puolesta
För Serbien och Montenegro
Зa Cpбиjy и Цpнy Гopy

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ANNEX I

List of Agreements referred to in Article 1 of this Agreement

(a) Air service agreements between Serbia and Montenegro 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 relating to Air Services between the Republic of Austria and the Federative People's Republic of
Yugoslavia, signed at Vienna on 11 November 1953 (hereinafter referred to as Serbia and Montenegro–Austria
1953 Agreement);

To be read together with the Memorandum of Understanding done in Vienna on 12 October 1994;

— Agreement between the Kingdom of Belgium and the Federative People's Republic of Yugoslavia relating to air
services, signed at Belgrade on 24 September 1957 (hereinafter referred to as Serbia and Montenegro–Belgium
Agreement);

— Air Transport Agreement between the Government of the Republic of Cyprus and the Government of the
Socialist Federal Republic of Yugoslavia, signed at Nicosia on 27 February 1976 (hereinafter referred to as
Serbia and Montenegro–Cyprus 1976 Agreement);

— Air Transport Agreement between the Czechoslovak Republic and the Federative People's Republic of Yugoslavia,
signed at Belgrade on 28 February 1956 (hereinafter referred to as Serbia and Montenegro–Czech Republic
Agreement);

— Agreement relating to air services between the French Republic and the Socialist Federal Republic of Yugoslavia,
signed at Belgrade on 23 March 1967 (hereinafter referred to as Serbia and Montenegro–France Agreement);

— Air Services Agreement between the Federal Republic of Germany and the Federative People's Republic of
Yugoslavia, signed at Bonn on 10 April 1957 (hereinafter referred to as Serbia and Montenegro–Germany
1957 Agreement);

— Air Services Agreement between the Government of
Government of the Federal Republic of Yugoslavia,
31 May 2001 (hereinafter referred to as Serbia and Montenegro–Germany 2001 Agreement);

the Federal Republic of Germany and the Federal
initialled and provisionally applied by the Protocol of

— Air Services Agreement between the Government of the Hellenic Republic and the Federal Government of the
Federal Republic of Yugoslavia, signed at Belgrade on 9 May 2002 (hereinafter referred to as Serbia and
Montenegro–Greece Agreement);

— Air Transport Agreement between the People's Republic of Hungary and the Federative People's Republic of
Yugoslavia, signed at Belgrade on 21 July 1956 (hereinafter referred to as Serbia and Montenegro–Hungary
Agreement);

Amended by a note done at Budapest on 30 May 1964.

Last amended by a Memorandum of Understanding signed at Belgrade on 9 February 1995;

— Agreement between the Grand Duchy of Luxembourg and the Federative People's Republic of Yugoslavia relating
to Air Transport, signed at Belgrade on 9 April 1960 (hereinafter referred to as Serbia and Montenegro–
Luxembourg Agreement);

— Air Transport Agreement between the Government of Malta and the Government of the Socialist Federal Republic
of Yugoslavia, signed at Rome on 5 February 1975 (hereinafter referred to as Serbia and Montenegro–Malta
Agreement);

— Agreement between the Kingdom of the Netherlands and the Federative People's Republic of Yugoslavia relating
to scheduled air services, signed at Belgrade on 13 March 1957 (hereinafter referred to as Serbia and Montenegro–
Netherlands Agreement);

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— Air Services Agreement between the People's Republic of Poland and the Federative People's Republic of Yugo-
slavia, signed at Warsaw on 14 November 1955 (hereinafter referred to as Serbia and Montenegro–Poland 1955
Agreement);

— Air Transport Agreement between the Government of Portugal and the Government of the Socialist Federal
Republic of Yugoslavia, signed at Belgrade on 3 June 1976 (hereinafter referred to as Serbia and Montenegro–
Portugal Agreement);

— Air Services Agreement between the Government of the Republic of Slovakia and the Federal Government of the
Federal Republic of Yugoslavia, signed at Bratislava on 3 October 1996 (hereinafter referred to as Serbia and
Montenegro–Slovakia Agreement);

— Agreement between the Kingdom of Sweden and the Federative People's Republic of Yugoslavia, signed at

Belgrade on 18 April 1958 (hereinafter referred to as Serbia and Montenegro–Sweden Agreement);

— Air Services Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland
and the Federal Government of the Federal Republic of Yugoslavia, initialled at London on 17 December 2002
hereinafter (referred to as Serbia and Montenegro–United Kingdom Agreement);

(b) Air service agreements and other arrangements initialled or signed between Serbia and Montenegro 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

— Air Services Agreement between the Austrian Government and the Federal Government of the Federal Republic of
Yugoslavia, initialled at Vienna on 14 November 2001 (hereinafter referred to as Serbia and Montenegro–Austria
2001 Agreement);

— Air Services Agreement between the Government of the Republic of Cyprus and the Federal Government of the
initialled at Nicosia on 18 June 2002 (hereinafter referred to as Serbia and

Federal Republic of Yugoslavia,
Montenegro–Cyprus 2002 Agreement);

— Agreement between the Government of the Republic of Poland and the Federal Government of the Federal
initialled at Warsaw on 17 May 2002 (hereinafter referred to as

Republic of Yugoslavia on air transport,
Serbia and Montenegro–Poland 2002 Agreement);

— Air Services Agreement between the Government of the Republic of Slovenia and the Federal Government of the
Federal Republic of Yugoslavia, initialled at Belgrade on 12 October 2001 (hereinafter referred to as Serbia and
Montenegro–Slovenia Agreement).

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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

(a) Designation by a Member State:

— Article 2 of the Serbia and Montenegro–Austria 1953 Agreement,

— Article 3 of the Serbia and Montenegro–Austria 2001 Agreement,

— Article 2 of the Serbia and Montenegro–Czech Republic Agreement,

— Article 3(1) of the Serbia and Montenegro–France Agreement,

— Article 4 of the Serbia and Montenegro–Germany 1957 Agreement,

— Article 3 of the Serbia and Montenegro–Germany 2001 Agreement,

— Article 3 of the Serbia and Montenegro–Greece Agreement,

— Article 1 of the Appendix to the Serbia and Montenegro–Hungary Agreement,

— Article 2 of the Serbia and Montenegro–Luxembourg Agreement,

— Article 3 of the Serbia and Montenegro–Malta Agreement,

— Article 2 of the Serbia and Montenegro–Poland 1955 Agreement,

— Article 3 of the Serbia and Montenegro–Poland 2002 Agreement,

— Article 3 of the Serbia and Montenegro–Slovak Republic Agreement,

— Article 3 of the Serbia and Montenegro–Slovenia Agreement,

— Article 4 of the Serbia and Montenegro–United Kingdom Agreement.

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

— Article 8 of the Serbia and Montenegro–Austria 1953 Agreement,

— Article 4 of the Serbia and Montenegro–Austria 2001 Agreement,

— Article 3 of the Serbia and Montenegro–Belgium Agreement,

— Article 6 of the Serbia and Montenegro–Cyprus 1976 Agreement,

— Article 5 of the Serbia and Montenegro–Cyprus 2002 Agreement,

— Article 3(3) of the Serbia and Montenegro–France Agreement,

— Article 5 of the Serbia and Montenegro–Germany 1957 Agreement,

— Article 4 of the Serbia and Montenegro–Germany 2001 Agreement,

— Article 4(2) of the Serbia and Montenegro–Greece Agreement,

— Article 3 of the Serbia and Montenegro–Luxembourg Agreement,

— Article 4 of the Serbia and Montenegro–Malta Agreement,

— Article 3(1) of the Serbia and Montenegro–Netherlands Agreement,

— Article 4 of the Serbia and Montenegro–Poland 2002 Agreement,

— Article 5 of the Serbia and Montenegro–Portugal Agreement,

— Article 4 of the Serbia and Montenegro–Slovak Republic Agreement,

— Article 4 of the Serbia and Montenegro–Slovenia Agreement,

— Article 3 of the Serbia and Montenegro–Sweden Agreement,

— Article 5 of the Serbia and Montenegro–United Kingdom Agreement.

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(c) Safety:

— Article 8 of the Serbia and Montenegro–Austria 2001 Agreement,
— Article 15 of the Serbia and Montenegro–Cyprus 2002 Agreement,
— Article 13 of the Serbia and Montenegro–Germany 2001 Agreement,
— Article 7 of the Serbia and Montenegro–Greece Agreement,
— Article 15 of the Serbia and Montenegro–Poland 2002 Agreement,
— Article 9 of the Serbia and Montenegro–Slovenia Agreement,
— Article 9 of the Serbia and Montenegro–United Kingdom Agreement.

(d) Taxation on aviation fuel:

— Article 5 of the Serbia and Montenegro–Austria 1953 Agreement,
— Article 8 of the Serbia and Montenegro–Austria 2001 Agreement,
— Article 8 of the Serbia and Montenegro–Belgium Agreement,
— Article 7 of the Serbia and Montenegro–Cyprus 1976 Agreement,
— Article 7 of the Serbia and Montenegro–Cyprus 2002 Agreement,
— Article 6 of the Serbia and Montenegro–Czech Republic Agreement,
— Article 11 of the Serbia and Montenegro–France Agreement,
— Article 13 of the Serbia and Montenegro–Germany 1957 Agreement,
— Article 6 of the Serbia and Montenegro–Germany 2001 Agreement,
— Article 10 of the Serbia and Montenegro–Greece Agreement,
— Article 6 of the Serbia and Montenegro–Hungary Agreement,
— Article 8 of the Serbia and Montenegro–Luxembourg Agreement,
— Article 5 of the Serbia and Montenegro–Malta Agreement,
— Article 9 of the Serbia and Montenegro–Netherlands Agreement,
— Article 6 of the Serbia and Montenegro–Poland 1955 Agreement,
— Article 7 of the Serbia and Montenegro–Poland 2002 Agreement,
— Article 6 of the Serbia and Montenegro–Portugal Agreement,
— Article 8 of the Serbia and Montenegro–Slovak Republic Agreement,
— Article 6 of the Serbia and Montenegro–Slovenia Agreement,
— Article 8 of the Serbia and Montenegro–Sweden Agreement,
— Article 11 of the Serbia and Montenegro–United Kingdom Agreement.

(e) Tariffs for carriage within the European Community:

— Article 4 of the Serbia and Montenegro–Austria 1953 Agreement,
— Article 4 of the Serbia and Montenegro–Austria 2001 Agreement,
— Article 7 of the Serbia and Montenegro–Belgium Agreement,
— Article 10 of the Serbia and Montenegro–Cyprus 1976 Agreement,
— Article 17 of the Serbia and Montenegro–Cyprus 2002 Agreement,
— Article 7 of the Serbia and Montenegro–Czech Republic Agreement,
— Article 9 of the Serbia and Montenegro–France Agreement,
— Article 14 of the Serbia and Montenegro–Germany 1957 Agreement,
— Article 10 of the Serbia and Montenegro–Germany 2001 Agreement,
— Article 13 of the Serbia and Montenegro–Greece Agreement,
— Article 7 of the Serbia and Montenegro–Luxembourg Agreement,
— Article 9 of the Serbia and Montenegro–Malta Agreement,

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— Article 7(2) of the Serbia and Montenegro–Netherlands Agreement,
— Article 7 of the Serbia and Montenegro–Poland 1955 Agreement,
— Article 10 of the Serbia and Montenegro–Poland 2002 Agreement,
— Article 9 of the Serbia and Montenegro–Portugal Agreement,
— Article 12 of the Serbia and Montenegro–Slovak Republic Agreement,
— Article 13 of the Serbia and Montenegro–Slovenia Agreement,
— Article 7 of the Serbia and Montenegro–Sweden Agreement,
— Article 14 of the Serbia and Montenegro–United Kingdom Agreement.

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ANNEX III

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).