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

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Official Journal of the European Union

22.6.2006

between the European Community and Romania on certain aspects of air services

AGREEMENT

THE EUROPEAN COMMUNITY,

of the one part, and

ROMANIA,

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 Romania containing provisions which have been found to be contrary to European Community law,

the European Community has exclusive competence under

NOTING that
the Treaty establishing the European
Community 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 Romania, which have been found to be 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
Romania 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 Romania, to affect the balance between Community air carriers and
air carriers of Romania, or to negotiate amendments to the provisions of existing bilateral air service agreements
concerning traffic rights,

HAVE AGREED AS FOLLOWS:

Article 1

General Provisions

shall be understood as referring to nationals of the Member
States of the European Community.

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

1.
mean Member States of the European Community.

For the purposes of this Agreement,

‘national’ of a State
2.
shall mean any natural or legal person who has the nationality
of that State in accordance with the laws of that State.

References in each of the Agreements listed in Annex I to
4.
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.

3.
References in each of the Agreements listed in Annex I to
nationals of the Member State that is a party to that Agreement

5.
The granting of traffic rights continues to be carried out
through bilateral arrangements and shall not be affected by the
provisions of this Agreement.

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Article 2

Designation by a Member State

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

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 Romania, and the refusal, revo-
the authorisations or
limitation of
cation,
permissions of the air carrier, respectively.

suspension or

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

(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

(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.

Romania may refuse, revoke, suspend or limit the author-
3.
isations or permissions of an air carrier 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
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 Operator's Certificate, or the relevant aero-
nautical authority is not clearly identified in the desig-
nation; or

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

rights of Romania under

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

the

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

2.
Notwithstanding any other provision to the contrary,
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 Romania 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.

3.
Notwithstanding any other provision to the contrary,
nothing in each of the Agreements listed in Annex II(d) shall
prevent Romania from imposing taxes,
levies, duties, fees or
charges, on the basis of reciprocity and without discrimination,
on fuel supplied in its territory for use in an aircraft of a
designated air
that operates
carrier of
between points on the territory of Romania.

a 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

(iii) the air carrier is not owned and effectively controlled
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.

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

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Article 6

Annexes to the Agreement

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 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. The amendments shall enter into force in
accordance with Article 8.

Article 8

Entry into force

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.

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.
Agreements and other arrangements between Member
States and Romania which, at the date of signature of this
Agreement, have not yet entered into force and are not being

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 Romanian 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
Pentru Comunitatea Europeană

Por Rumanía
Za Rumunsko
For Rumænien
Für Rumänien
Rumeenia nimel
Για τη Ρουμανία

For Romania
Pour la Roumanie
Per la Romania
Rumānijas vārdā
Rumunijos vardu
Románia részéről
Għar-Rumanija
Voor Roemenië
W imieniu Rumunii
Pela Roménia
Za Rumunsko
Za Romunijo
Romanian puolesta
För Rumänien
Pentru România

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ANNEX I

List of Agreements referred to in Article 1 of this Agreement

(a) Air service Agreements between Romania 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 Federal Government of Austria and the Government of the Socialistic
Republic of Romania, signed at Bucharest on 14 July 1975 (hereinafter referred to as ‘Romania–Austria
Agreement’).

Modified by Exchange of Notes dated 27 June 1985.

Last modified by the Exchange of Notes dated 17 November 1994.

— Agreement between the Kingdom of Belgium and the People's Republic of Romania relating to Air Transport,

signed at Bucharest on 4 December 1956 (hereinafter referred to as ‘Romania–Belgium Agreement’).

Last supplemented by the Exchange of Notes dated 4 December 1956.

— Agreement between the Government of the Republic of Cyprus and the Government of the Socialistic Republic of
Romania on Air transport, signed at Nicosia on 13 December 1973 (hereinafter referred to as ‘Romania–Cyprus
Agreement’).

— Agreement between the Government of the Czechoslovak Socialistic Republic and the Government of the
in respect of
Socialist Republic of Romania on Civil Air Transport, signed at Prague on 13 March 1970,
which the Czech Republic declared that it considers itself to be bound by the provisions thereof (hereinafter
referred to as ‘Romania–Czech Republic Agreement’).

— Air Services Agreement between the Government of the Kingdom of Denmark and the Government of Romania,

signed at Oslo on 26 October 1998 (hereinafter referred to as ‘Romania–Denmark Agreement’).

— Agreement between the Government of the Republic of Finland and the Government of the Socialist Republic of
Romania for Air Services between and beyond their respective territories, signed at Helsinki on 30 June 1971
(hereinafter referred to as ‘Romania–Finland Agreement’).

Supplemented by the Memorandum of Understanding done at Helsinki on 7 July 1993.

Modified by the Exchange of Notes dated 30 January and 7 June 1996.

— Air Transport Agreement between the Government of the French Republic and the Government of the People's
Republic of Romania, signed at Bucharest on 18 May 1962, supplemented by the Protocol done at Paris on 23
February 1962 (hereinafter referred to as ‘Romania–France Agreement’).

Last modified by the Agreed Minutes done at Bucharest on 27 October 1999.

— Agreement between the Government of the Kingdom of Greece and the Government of the People's Republic of
Romania relating to Commercial Scheduled Air Transport, signed at Athens on 2 May 1960 (hereinafter referred
to as ‘Romania–Greece Agreement’).

Last modified by the Exchange of Notes signed at Athens on 2 September 1966.

— Air Services Agreement between the Government of the Republic of Hungary and the Government of Romania,

signed at Bucharest on 12 September 1995 (hereinafter referred to as ‘Romania–Hungary Agreement’).

— Agreement between the Government of the Italian Republic and the Government of the Socialist Republic of
Romania relating to Civil Air Transport, signed at Rome on 19 December 1975 (hereinafter referred to as
‘Romania–Italy Agreement’).

Last modified by the Exchange of Notes dated 9 July 1996 and 28 August 1996.

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— Agreement between the Government of the Grand-Duchy of Luxembourg and the Government of the Socialist
Republic of Romania relating to Civil Air Transport, signed at Luxembourg on 27 October 1972 (hereinafter
referred to as ‘Romania–Luxembourg Agreement’).

— Agreement between the Government of Malta and the Government of Romania for Civil Air Services, signed at

Valletta on 22 November 1990 (hereinafter referred to as ‘Romania–Malta Agreement’).

— Agreement between the Government of the Kingdom of the Netherlands and the Government of the People's
Republic of Romania relating to Civil Air Transport, signed at The Hague on 27 August 1957 (hereinafter referred
to as ‘Romania–Netherlands Agreement’).

Last supplemented by the Protocol done at The Hague on 8 June 1982.

— Agreement between the Government of the Republic of Poland and the Government of Romania concerning Civil
Air Transport, signed at Warsaw on 19 May 1999 (hereinafter referred to as ‘Romania–Poland Agreement’).

— Agreement between the Government of Portugal and the Government of the Socialist Republic of Romania
relating to Civil Air Transport, signed at Lisbon on 8 February 1975 (hereinafter referred to as ‘Romania–Portugal
Agreement’).

— Agreement between the Government of the Slovak Republic and the Government of Romania relating to Air

Services, signed at Bratislava on 6 June 2000 (hereinafter referred to as ‘Romania–Slovakia Agreement’).

— Air Transport Agreement between the Government of Spain and the Government of the Socialist Republic of

Romania, signed at Madrid on 10 January 1980 (hereinafter referred to as ‘Romania–Spain Agreement’).

Modified by the Memorandum of Understanding done at Madrid on 8 March 1995.

Last modified by the Agreed Minutes done in Bucharest on 4 October 1995.

— Air Services Agreement between the Government of the Kingdom of Sweden and Romania, signed at Oslo on

26 October 1998 (hereinafter referred to as ‘Romania–Sweden Agreement’).

— Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the
Government of Romania concerning Air Services, signed at London on 28 March 1995 (hereinafter referred to as
‘Romania–UK Agreement’).

(b) Air service agreements and other arrangements initialled or signed between Romania 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 Federal Republic of Germany and the Government of Romania
relating to Air Transport, initialled at Bucharest on 16 December 1994 (hereinafter referred to as ‘Romania–
Germany Agreement’).

Amended by the Memorandum of Understanding done at Bucharest on 8 February 1996.

Supplemented by the Memorandum of Understanding done at Bucharest on 2 December 1997.

Supplemented by Notes dated 5 May 1998 and 24 August 1998.

Last modified by Notes dated 28 May 2001 and 15 October 2001.

— Agreement between the Government of Ireland and the Government of Romania concerning Air Services,

initialled at Dublin on 1 November 1995 (hereinafter referred to as ‘Romania–Ireland 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 3 of the Romania–Austria Agreement,

— Article 2 of the Romania–Belgium Agreement,

— Article 3 of the Romania–Cyprus Agreement,

— Article 3 of the Romania–Czech Republic Agreement,

— Article 3 of the Romania–Denmark Agreement,

— Article 3 of the Romania–Finland Agreement,

— Article 3 of the Romania–France Agreement,

— Article 3 of the Romania–Germany Agreement,

— Article 3 of the Romania–Greece Agreement,

— Article 3 of the Romania–Hungary Agreement,

— Article 3 of the Romania–Ireland Agreement,

— Article 3 of the Romania–Italy Agreement,

— Article 3 of the Romania–Luxembourg Agreement,

— Article 3 of the Romania–Malta Agreement,

— Article 2 of the Romania–Netherlands Agreement,

— Article 3 of the Romania–Poland Agreement,

— Article 3 of the Romania–Portugal Agreement,

— Article 3 of the Romania–Slovakia Agreement,

— Article 3 of the Romania–Spain Agreement,

— Article 3 of the Romania–Sweden Agreement,

— Article 4 of the Romania–UK Agreement.

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

— Article 4 of the Romania–Austria Agreement,

— Article 2 of the Romania–Belgium Agreement,

— Article 6 of the Romania–Cyprus Agreement,

— Article 4 of the Romania–Czech Republic Agreement,

— Article 4 of the Romania–Denmark Agreement,

— Articles 3 and 4 of the Romania–Finland Agreement,

— Article 3 of the Romania–France Agreement,

— Article 4 of the Romania–Germany Agreement,

— Article 4 of the Romania–Greece Agreement,

— Article 4 of the Romania–Hungary Agreement,

— Article 4 of the Romania–Ireland Agreement,

— Article 4 of the Romania–Italy Agreement,

— Article 4 of the Romania–Luxembourg Agreement,

— Article 4 of the Romania–Malta Agreement,

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— Article 3 of the Romania–Netherlands Agreement,

— Article 4 of the Romania–Poland Agreement,

— Articles 3 and 4 of the Romania–Portugal Agreement,

— Article 4 of the Romania–Slovakia Agreement,

— Article 4 of the Romania–Spain Agreement,

— Article 4 of the Romania–Sweden Agreement,

— Article 5 of the Romania–UK Agreement.

(c) Regulatory control:

— Article 12 of the Romania–Germany Agreement,

— Article 16 of the Romania–Poland Agreement,

— Article 19 of the Romania–Slovakia Agreement.

(d) Taxation of Aviation Fuel:

— Article 8 of the Romania–Austria Agreement,

— Article 5 of the Romania–Belgium Agreement,

— Article 7 of the Romania–Cyprus Agreement,

— Article 6 of the Romania–Czech Republic Agreement,

— Article 6 of the Romania–Denmark Agreement,

— Article 5 of the Romania–Finland Agreement,

— Article 9 of the Romania–France Agreement,

— Article 6 of the Romania–Germany Agreement,

— Article 8 of the Romania–Greece Agreement,

— Article 9 of the Romania–Hungary Agreement,

— Article 14 of the Romania–Ireland Agreement,

— Article 8 of the Romania–Italy Agreement,

— Article 8 of the Romania–Luxembourg Agreement,

— Article 10 of the Romania–Malta Agreement,

— Article 6 of the Romania–Netherlands Agreement,

— Article 10 of the Romania–Poland Agreement,

— Article 8 of the Romania–Portugal Agreement,

— Article 9 of the Romania–Slovakia Agreement,

— Article 5 of the Romania–Spain Agreement,

— Article 6 of the Romania–Sweden Agreement,

— Article 8 of the Romania–UK Agreement.

(e) Tariffs for Carriage within the European Community:

— Article 7 of the Romania–Austria Agreement,

— Article 6 of the Romania–Belgium Agreement,

— Article 12 of the Romania–Cyprus Agreement,

— Article 10 of the Romania–Czech Republic Agreement,

— Article 11 of the Romania–Denmark Agreement,

— Article 8 of the Romania–Finland Agreement,

— Article 12 of the Romania–France Agreement,

— Article 10 of the Romania–Germany Agreement,

— Article 6 of the Romania–Greece Agreement,

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— Article 8 of the Romania–Hungary Agreement,
— Article 8 of the Romania–Ireland Agreement,
— Article 7 of the Romania–Italy Agreement,
— Article 7 of the Romania–Luxembourg Agreement,
— Article 15 of the Romania–Malta Agreement,
— Article 10 of the Romania–Netherlands Agreement,
— Article 5 of the Romania–Poland Agreement,
— Article 7 of the Romania–Portugal Agreement,
— Article 8 of the Romania–Slovakia Agreement,
— Article 14 of the Romania–Spain Agreement,
— Article 11 of the Romania–Sweden Agreement,
— Article 7 of the Romania–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).