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

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Official Journal of the European Union

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

AGREEMENT

THE EUROPEAN COMMUNITY,

of the one part, and

THE REPUBLIC OF BULGARIA, (hereinafter referred to as Bulgaria)

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 Bulgaria 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 provisions of
the European
Community and Bulgaria, which are contrary to European Community law, must be brought into full conformity
with it in order to establish a sound legal basis for air services between the European Community and Bulgaria 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 Bulgaria, to affect the balance between Community air carriers and
air carriers of Bulgaria, or to negotiate amendments to the provisions of existing bilateral air service agreements
concerning traffic rights,

HAVE AGREED AS FOLLOWS:

Article 1

General provisions

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.

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.

Article 2

Designation

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 Bulgaria, 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 II(a) and (b) respectively, in relation
to the designation of an air carrier by Bulgaria, its authorisations
and permissions granted by the Member State concerned, and
the refusal, revocation, suspension or limitation of the author-
isations or permissions of the air carrier, respectively.

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

(i) the air carrier has a valid Operating Licence issued in

accordance with Bulgarian law;

(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 Operators 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, 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.

(ii) effective regulatory control of the air carrier is exercised
responsible for

and maintained by Bulgaria which is
issuing its Air Operators Certificate; and

(iii) the air carrier is owned and shall continue to be owned
directly or through majority ownership by Bulgaria and/or
its natural person or legal entity, and shall at all times be
effectively controlled by Bulgaria and/or its natural person
or legal entity.

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

(i) the air carrier does not have a valid Operating Licence

issued in accordance with Bulgarian law;

3.
Bulgaria may refuse, revoke, suspend or limit the author-
isations or permissions of an air carrier designated by a Member
State where:

(ii) effective regulatory control of the air carrier is not exercised
or not maintained by Bulgaria which is responsible for
issuing its Air Operators Certificate; or

(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
Operating
European
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 Operators Certificate, or the relevant aero-
nautical authority is not clearly identified in the desig-
nation; or

(iii) the air carrier is not owned and effectively controlled
directly or through majority ownership by Member States
and/or nationals of Member States, or by other States listed
in Annex III and/or nationals of such other States.

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

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

(iii) the air carrier is not owned and effectively controlled
directly or through majority ownership by Bulgaria and/or
its natural person or legal entity.

Article 3

Rights with regard to regulatory control

The provisions

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

in paragraph 2 of

this Article shall

the Agreement between the Member State

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

1.
complement
listed in Annex II(d).

in paragraph 2 of

the corresponding provisions

this Article shall
in the Articles

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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 Bulgaria 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.

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

2.
The tariffs to be charged by the air carrier(s) designated by
Bulgaria 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
thereof.

form an integral part

Article 7

Revision or amendment

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

Article 8

Entry into force and provisional application

1.
notified each other in writing that

This Agreement shall enter in force when the Parties have
their respective internal

procedures necessary for
completed.

its entry into force have been

Notwithstanding paragraph 1, the Parties agree to provi-
2.
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 Bulgaria which, at
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 application.

the date of signature of

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

In the event that all Agreements listed in Annex I are
2.
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
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 Bulgarian 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 европейската общност

Por la República de Bulgaria
Za Bulharskou republiku
For Republikken Bulgarien
Für die Republik Bulgarien
Bulgaaria Vabariigi nimel
Για τη Δημοκρατία της Βουλγαρίας

For the Republic of Bulgaria
Pour la République de Bulgarie
Per la Repubblica di Bulgaria
Bulgārijas Republikas vārdā
Bulgarijos Respublikos vardu
Λ Bolgár Köztársaság részéről
Għar-Repubblika tal-Bulgarija
Voor de Republiek Bulgarije
W imieniu Republiki Bułgarii
Pela República da Bulgária
Za Bulharskú republiku
Za Republiko Bolgarijo
Bulgarian tasavallan puolesta
För Republiken Bulgarien
За Република България

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ANNEX I

List of agreements referred to in Article 1 of this Agreement

(a) Air service agreements between Bulgaria 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
Bulgaria signed at Sofia on 4 November 1997, hereinafter referred to ‘Bulgaria-Austria Agreement’ in Annex II;

To be read together with the Memorandum of Understanding done at Vienna on 28 June 1996.

— Agreement between the Government of the Kingdom of Belgium and the Government of the People's Republic of
Bulgaria relating to Air Transport signed at Sofia on 14 May 1957, hereinafter referred to ‘Bulgaria-Belgium
Agreement’ in Annex II.

— Agreement between the Government of the Republic of Cyprus and the People's Republic of Bulgaria on
commercial Scheduled Air Services signed at Nicosia on 8 May 1965, hereinafter referred to ‘Bulgaria-Cyprus
Agreement’ in Annex II.

— Air Transport Agreement between the Government of the Czechoslovak Socialist Republic and the Government
of the Republic of Bulgaria signed at Sofia on 25 September 1967, in respect of which the Czech Republic
declared that it considers itself to be bound by the provisions thereof, hereinafter referred to ‘Bulgaria-Czech
Republic Agreement’ in Annex II.

— Agreement between the Government of the Kingdom of Denmark and the Government of the People's Republic
of Bulgaria relating to Civil Air Transport signed at Sofia on 24 May 1958, hereinafter referred to ‘Bulgaria-
Denmark Agreement’ in Annex II;

Last supplemented by the Exchange of Letters dated 24 May 1958.

— Agreement between the Government of the Republic of Finland and the Government of the People's Republic of
Bulgaria for air services between and beyond their respective territories signed at Helsinki on 19 March 1970,
hereinafter referred to ‘Bulgaria-Finland Agreement’ in Annex II.

— Air Transport Agreement between the Government of the French Republic and the Government of the People's
Republic of Bulgaria relating to Air Transport signed at Paris on 4 August 1965, hereinafter referred to ‘Bulgaria-
France Agreement’ in Annex II;

Supplemented by the Exchange of Letters dated 4 August 1965;

Modified by the Exchange of Letters dated 12 June and 10 July 1969;

Last modified by the Memorandum of Understanding done at Sofia on 26 January 2000.

— Agreement between the Federal Republic of Germany and the Republic of Bulgaria relating to Air Service between
and beyond their respective territories signed at Sofia on 11 June 1993, hereinafter referred to ‘Bulgaria-Germany
Agreement’ in Annex II;

Supplemented by the Memorandum of Understanding done at Sofia on 1 October 2001;

To be read together with Notes dated 15 August 2002 and 20 April 2004.

— Agreement between the Government of the Hellenic Republic and the Government of the Republic of Bulgaria
concerning Air Services between and beyond their respective territories signed at Athens on 1 November 2002,
hereinafter referred to ‘Bulgaria-Greece Agreement’ in Annex II;

To be read together with the Memorandum of Understanding done at Athens on 23 February 2000.

— Agreement between the Government of the Hungarian People's Republic and the Government of the People's
Republic of Bulgaria concerning Air Transport signed at Sofia on 29 August 1969, hereinafter referred to
‘Bulgaria-Hungary Agreement’ in Annex II.

— Air Services Agreement between the Government of Ireland and the Government of the Republic of Bulgaria

signed at Dublin on 27 July 1995, hereinafter referred to ‘Bulgaria-Ireland Agreement’ in Annex II.

— Agreement between the Government of the Republic of Italy and the Government of the People's Republic of
Bulgaria relating to Civil Air Transport signed at Sofia on 27 May 1974, hereinafter referred to ‘Bulgaria-Italy
Agreement’ in Annex II;

To be read together with the Agreed Record done at Rome on 4 April 1974;

Last modified by the Memorandum of Understanding done at Rome on 25 July 1997.

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— Agreement between the Government of the Republic of Latvia and the Government of the Republic of Bulgaria
concerning Air Services between and beyond their respective territories signed at Warsaw on 19 May 1999,
hereinafter referred to ‘Bulgaria-Latvia Agreement’ in Annex II.

— Air Transport Agreement between the Government of the Grand-Duchy of Luxembourg and the Government of
the People's Republic of Bulgaria signed at Sofia on 8 May 1965, hereinafter referred to ‘Bulgaria-Luxembourg
Agreement’ in Annex II.

— Agreement between the Government of the Republic of Malta and the Government of the People's Republic of
Bulgaria for Air Services between and beyond their respective territories signed at Varna on 23 July 1982,
hereinafter referred to ‘Bulgaria-Malta Agreement’ in Annex II;

To be read together with the Memorandum of Understanding done at Malta on 12 April 1982.

— Agreement between the Government of the Kingdom of the Netherlands and the Government of the People's
Republic of Bulgaria relating to Air Transport signed at Sofia on 7 February 1958, hereinafter referred to
‘Bulgaria-Netherlands Agreement’ in Annex II;

Last supplemented by the Memorandum of Understanding done at The Hague on 6 August 2002.

— Air Transport Agreement between the Government of the Polish Republic and the Government of the People's
Republic of Bulgaria signed at Warsaw on 16 May 1949, hereinafter referred to ‘Bulgaria-Poland Agreement’ in
Annex II.

— Air Transport Agreement between the Government of Portugal and the Government of the People's Republic of
Bulgaria signed at Lisbon on 22 October 1975, hereinafter referred to ‘Bulgaria-Portugal Agreement’ in Annex II.

— Air Transport Agreement between the Government of the Slovak Republic and the Government of the Republic
of Bulgaria signed at Sofia on 8 December 1995, hereinafter referred to ‘Bulgaria-Slovakia Agreement’ in Annex II.

— Air Services Agreement between the Government of Spain and the Government of the People's Republic of
Bulgaria signed at Sofia on 6 November 1971, hereinafter referred to ‘Bulgaria-Spain Agreement’ in Annex II;

Last modified by the Agreed Minutes done at Sofia on 21 October 1978.

— Agreement between the Government of the Kingdom of Sweden and the Government of the People's Republic of
Bulgaria relating to Civil Air Transport signed at Sofia on 17 April 1957, hereinafter referred to ‘Bulgaria-Sweden
Agreement’ in Annex II.

— Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the
Government of the People's Republic of Bulgaria for Air Services between and beyond their respective territories
signed at London on 28 May 1970, hereinafter referred to ‘Bulgaria-UK Agreement’ in Annex II;

Amended by an Exchange of Notes of 23 August 1973.

To be read together with the Memorandum of Understanding done at London on 15 January 1998.

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

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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 3 of the Bulgaria-Austria Agreement;

— Article 2 of the Bulgaria-Belgium Agreement;

— Article 3 of the Bulgaria-Cyprus Agreement;

— Article 2 of the Bulgaria-Czech Republic Agreement;

— Article 2 of the Bulgaria-Denmark Agreement;

— Article 3 of the Bulgaria-Finland Agreement;

— Article 3 of the Bulgaria-France Agreement;

— Article 3 of the Bulgaria-Germany Agreement;

— Article 3 of the Bulgaria-Greece Agreement;

— Article 3 of the Bulgaria-Hungary Agreement;

— Article 3 of the Bulgaria-Ireland Agreement;

— Article 3 of the Bulgaria-Italy Agreement;

— Article 3 of the Bulgaria-Latvia Agreement;

— Article 3 of the Bulgaria-Luxembourg Agreement;

— Article 3 of the Bulgaria-Malta Agreement;

— Article 2 of the Bulgaria-Netherlands Agreement;

— Article 2 of the Bulgaria-Poland Agreement;

— Article 3 of the Bulgaria-Portugal Agreement;

— Article 3 of the Bulgaria-Slovakia Agreement;

— Article 4 of the Bulgaria-Spain Agreement;

— Article 2 of the Bulgaria-Sweden Agreement;

— Article 3 of the Bulgaria-UK Agreement.

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

— Article 4 of the Bulgaria-Austria Agreement;

— Article 2 of the Bulgaria-Belgium Agreement;

— Article 4 of the Bulgaria-Cyprus Agreement;

— Article 2 of the Bulgaria-Denmark Agreement;

— Article 3.4 of the Bulgaria-Finland Agreement;

— Article 3 of the Bulgaria-France Agreement;

— Article 4 of the Bulgaria-Germany Agreement;

— Article 4 of the Bulgaria-Greece Agreement;

— Article 4 of the Bulgaria-Hungary Agreement;

— Article 3 of the Bulgaria-Ireland Agreement;

— Article 4 of the Bulgaria-Italy Agreement;

— Articles 4 of the Bulgaria-Latvia Agreement;

— Article 4 of the Bulgaria-Luxembourg Agreement;

— Article 4 of the Bulgaria-Malta Agreement;

— Article 2 of the Bulgaria-Netherlands Agreement;

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— Article 6 of the Bulgaria-Poland Agreement;
— Article 5 of the Bulgaria-Portugal Agreement;
— Article 4 of the Bulgaria-Slovakia Agreement;
— Article 4 of the Bulgaria-Spain Agreement;
— Article 2 of the Bulgaria-Sweden Agreement;
— Article 4 of the Bulgaria-UK Agreement.

(c) Regulatory control:

— Article 7 of the Bulgaria-Greece Agreement;
— Article 11a of the Bulgaria-Germany Agreement;
— Article 12 bis of the Bulgaria-France Agreement;
— Article 9 ter of the Bulgaria-Italy Agreement.

(d) Taxation of aviation fuel:

— Article 7 of the Bulgaria-Austria Agreement;
— Article 5 of the Bulgaria-Belgium Agreement;
— Article 8 of the Bulgaria-Cyprus Agreement;
— Article 4 of the Bulgaria-Czech Republic Agreement;
— Article 5 of the Bulgaria-Denmark Agreement;
— Article 6 of the Bulgaria-Finland Agreement;
— Article 10 of the Bulgaria-France Agreement;
— Article 7 of the Bulgaria-Germany Agreement;
— Article 10 of the Bulgaria-Greece Agreement;
— Article 12 of the Bulgaria-Hungary Agreement;
— Article 11 of the Bulgaria-Ireland Agreement;
— Article 8 of the Bulgaria-Italy Agreement;
— Article 7 of the Bulgaria-Latvia Agreement;
— Article 7 of the Bulgaria-Luxembourg Agreement;
— Article 6 of the Bulgaria-Malta Agreement;
— Article 4 of the Bulgaria-Netherlands Agreement;
— Article 3 of the Bulgaria-Poland Agreement;
— Article 7 of the Bulgaria-Portugal Agreement;
— Article 8 of the Bulgaria-Slovakia Agreement;
— Article 11 of the Bulgaria-Spain Agreement;
— Article 5 of the Bulgaria-Sweden Agreement;
— Article 5 of the Bulgaria-UK Agreement.

(e) Tariffs for carriage within the European Community:

— Article 11 of the Bulgaria-Austria Agreement;
— Article 4 of the Bulgaria-Belgium Agreement;
— Article 6 of the Bulgaria-Cyprus Agreement;
— Article 10 of the Bulgaria-Czech Republic Agreement;
— Article 6 of the Bulgaria-Denmark Agreement;
— Article 8 of the Bulgaria-Finland Agreement;

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— Article 13 of the Bulgaria-France Agreement;
— Article 8 of the Bulgaria-Germany Agreement;
— Article 13 of the Bulgaria-Greece Agreement;
— Article 6 of the Bulgaria-Hungary Agreement;
— Article 6 of the Bulgaria-Ireland Agreement;
— Article 7 of the Bulgaria-Italy Agreement;
— Article 9 of the Bulgaria-Latvia Agreement;
— Article 5 of the Bulgaria-Luxembourg Agreement;
— Article 9 of the Bulgaria-Malta Agreement;
— Article 3 of the Bulgaria-Netherlands Agreement;
— Article 4 of the Annex to the Bulgaria-Poland Agreement;
— Article 10 of the Bulgaria-Portugal Agreement;
— Article 10 of the Bulgaria-Slovakia Agreement;
— Article 6 of the Bulgaria-Spain Agreement;
— Article 6 of the Bulgaria-Sweden Agreement;
— Article 9 of the Bulgaria-UK Agreement.

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)