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

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Official Journal of the European Union

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between the European Community and Bosnia and Herzegovina on certain aspects of air services

AGREEMENT

THE EUROPEAN COMMUNITY,

of the one part, and

BOSNIA AND HERZEGOVINA,

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 Bosnia and Herzegovina 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,

the European
RECOGNISING that provisions of
Community and Bosnia and Herzegovina, 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
Bosnia and Herzegovina 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 Bosnia and Herzegovina, to affect the balance between Community
air carriers and air carriers of Bosnia and Herzegovina, 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.

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 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 Bosnia and Herzegovina, and the
refusal, revocation, suspension or limitation of
the authori-
sations or permissions of the air carrier, respectively.

2.
On receipt of a designation by a Member State, Bosnia
and Herzegovina shall grant the appropriate authorisations and
permissions with minimum procedural delay, provided that:

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.

(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;

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(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

(iii) 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, and/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.

Bosnia and Herzegovina 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-
in the territory of the
lishing the European Community,
designating Member State or does not have a valid
Operating
European
Community law;

accordance with

Licence

in

Article 4

Taxation of aviation fuel

The provisions

1.
complement
listed in Annex II(d).

in paragraph 2 of

the corresponding provisions

this Article shall
in the Articles

Notwithstanding any other provision to the contrary,
2.
nothing in each of the Agreements listed in Annex II(d) shall
prevent a Member State from imposing taxes, levies, duties, fees
or charges on fuel supplied in its territory for use in an aircraft
of a designated air carrier of Bosnia and Herzegovina that
that Member
operates between a point
State and another point in the territory of that Member State
or in the territory of another Member State.

in the territory of

Article 5

Tariffs for carriage within the European Community

The provisions

1.
complement the Articles listed in Annex II(e).

in paragraph 2 of

this Article shall

(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 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 right under this paragraph, Bosnia and Herze-
govina shall not discriminate between Community air carriers
on the grounds of nationality.

The tariffs to be charged by the air carrier(s) designated by
2.
Bosnia and Herzegovina 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.

Article 3

Rights with regard to regulatory control

Article 8

The provisions

1.
complement the Articles listed in Annex II(c).

in paragraph 2 of

this Article shall

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

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 apply
this Agreement provisionally 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.

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Agreements and other arrangements between Member
3.
States and Bosnia and Herzegovina 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.

Article 9

Termination

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

Should all Agreements listed in Annex I be terminated,

2.
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
year two thousand and six,
in the Czech, Danish, Dutch,
English, Estonian, Finnish, French, German, Greek, Hungarian,
Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak,
Slovenian, Spanish, Swedish and Bosnian 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
Za Evropsku zajednicu
За Европску заједниџу

Za Europsku zajednicu

Por Bosnia y Herzegovina
Za Bosnu a Hercegovinu
For Bosnien-Hercegovina
Für Bosnien-Herzegowina
Bosnia ja Hertsegoviina nimel
Για τη Βοσνία-Ερζεγοβίνη
For Bosnia and Herzegovina
Pour la Bosnie-Herzégovine
Per la Bosnia-Erzegovina
Bosnijas un Hercegovinas vārdā
Bosnijos ir Hercegovinos vardu
Bosznia és Hercegovina részéről
Għall-Bosnia u Herzegovina
Voor Bosnië-Herzegovina
W imieniu Bośni i Hercegowiny
Pela Bósnia e Herzegovina
Za Bosnu a Hercegovinu
Za Bosno in Hercegovino
Bosnia ja Hertsegovinan puolesta
För Bosnien och Hercegovina
Za Bosnu i Hercegovinu
За Босну и Херцеговину

Za Bosnu i Hercegovinu

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ANNEX I

List of agreements referred to in Article 1 of this Agreement

(a) Air service agreements between Bosnia and Herzegovina 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 Bosnia and Herze-
govina signed at Sarajevo on 21 August 1998 (hereinafter referred to as Bosnia and Herzegovina–Austria
Agreement).

Last modified by the Memorandum of Understanding done at Vienna on 23 January 1996.

— 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 Bosnia and Herzegovina–Czech Republic
Agreement).

— Air Transport Agreement between the Government of the Federal Republic of Germany and the Government of
the Republic of Bosnia and Herzegovina signed at Bonn on 10 May 1995 (hereinafter referred to as Bosnia and
Herzegovina–Germany Agreement).

— Air Transport Agreement between the Government of the Hellenic Republic and the Council of Ministers of
Bosnia and Herzegovina signed at Athens on 2 December 2004 (hereinafter referred to as Bosnia and Herzego-
vina–Greece Agreement).

— Air Services Agreement between the Government of the Republic of Hungary and the Council of Ministers of
Bosnia and Herzegovina signed at Budapest on 27 April 2004 (hereinafter referred to as Bosnia and Herzego-
vina–Hungary 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 Bosnia and Herzegovina–Malta
Agreement).

— Agreement between the Kingdom of the Netherlands and the Federative People's Republic of Yugoslavia on
regular air services, signed at Belgrade on 13 March 1957 (hereinafter referred to as Bosnia and Herzegovina–
Netherlands Agreement).

— Air Services Agreement between the Polish People's Republic and the Federative People's Republic of Yugoslavia
signed at Warsaw on 14 November 1955 (hereinafter referred to as Bosnia and Herzegovina–Poland Agreement).

— Agreement between the Republic of Slovenia and the Republic of Bosnia and Herzegovina relating to Scheduled
Air Services signed at Sarajevo on 19 January 1996 (hereinafter referred to as Bosnia and Herzegovina–Slovenia
Agreement).

(b) Air service agreements and other arrangements initialled or signed between the Government of Bosnia and Herze-
govina 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 United Kingdom of Great Britain and Northern Ireland and the
Council of Ministers of Bosnia and Herzegovina concerning Air Services initialled at London on 14 March 2003
(hereinafter referred to as Bosnia and Herzegovina–UK Agreement).

To be read together with the Memorandum of Understanding done at London on 14 March 2003 and at Sarajevo
on 21 March 2003.

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

ANNEX II

(a) Designation by a Member State:

— Article 3(5) of the Bosnia and Herzegovina–Austria Agreement,

— Article 2 of the Bosnia and Herzegovina–Czech Republic Agreement,

— Article 3(4) of the Bosnia and Herzegovina–Germany Agreement,

— Article 3(2) of the Bosnia and Herzegovina–Greece Agreement,

— Article 4(4)(a) of the Bosnia and Herzegovina–Hungary Agreement,

— Article 3 of the Bosnia and Herzegovina–Malta Agreement,

— Article 2 of the Bosnia and Herzegovina–Poland Agreement,

— Article 3(4) of the Bosnia and Herzegovina–Slovenia Agreement,

— Article 4 of the Bosnia and Herzegovina–UK Agreement.

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

— Article 4(1)(a) of the Bosnia and Herzegovina–Austria Agreement,

— Article 4 of the Bosnia and Herzegovina–Germany Agreement,

— Article 4(1)(a) of the Bosnia and Herzegovina–Greece Agreement,

— Article 5(1)(a)(i) of the Bosnia and Herzegovina–Hungary Agreement,

— Article 4 of the Bosnia and Herzegovina–Malta Agreement,

— Article 3(1) of the Bosnia and Herzegovina–Netherlands Agreement,

— Article 4(1)(a) of the Bosnia and Herzegovina–Slovenia Agreement,

— Article 5 of the Bosnia and Herzegovina–UK Agreement.

(c) Regulatory control:

— Article 7 of the Bosnia and Herzegovina–Greece Agreement,

— Article 16 of the Bosnia and Herzegovina–Hungary Agreement,

— Article 14 of the Bosnia and Herzegovina–UK Agreement.

(d) Taxation of aviation fuel:

— Article 7 of the Bosnia and Herzegovina–Austria Agreement,

— Article 6 of the Bosnia and Herzegovina–Czech Republic Agreement,

— Article 6 of the Bosnia and Herzegovina–Germany Agreement,

— Article 10 of the Bosnia and Herzegovina–Greece Agreement,

— Article 8 of the Bosnia and Herzegovina–Hungary Agreement,

— Article 5 of the Bosnia and Herzegovina–Malta Agreement,

— Article 9 of the Bosnia and Herzegovina–Netherlands Agreement,

— Article 6 of the Bosnia and Herzegovina–Poland Agreement,

— Article 6 of the Bosnia and Herzegovina–Slovenia Agreement,

— Article 8 of the Bosnia and Herzegovina–UK Agreement.

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(e) Tariffs for carriage within the European Community:

— Article 11 of the Bosnia and Herzegovina–Austria Agreement,

— Article 7 of the Bosnia and Herzegovina–Czech Republic Agreement,

— Article 10 of the Bosnia and Herzegovina–Germany Agreement,

— Article 13 of the Bosnia and Herzegovina–Greece Agreement,

— Article 11 of the Bosnia and Herzegovina–Hungary Agreement,

— Article 9 of the Bosnia and Herzegovina–Malta Agreement,

— Article 7 of the Bosnia and Herzegovina–Netherlands Agreement,

— Article 7 of the Bosnia and Herzegovina–Poland Agreement,

— Article 13 of the Bosnia and Herzegovina–Slovenia Agreement,

— Article 7 of the Bosnia and Herzegovina–UK 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).