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

L 294/52

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Official Journal of the European Union

25.10.2006

between the Council of Ministers of the Republic of Albania and the European Community on
certain aspects of air services

AGREEMENT

THE COUNCIL OF MINISTERS OF THE REPUBLIC OF ALBANIA

of the one part, and

THE EUROPEAN COMMUNITY

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

HAVE AGREED AS FOLLOWS:

Article 1

General provisions

Agreement shall be understood as referring to air carriers or
airlines designated by that 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.

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

Article 2

Designation by a Member State

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

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the
On receipt of a designation by a Member State,
2.
Republic of Albania 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.

The Republic of Albania 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
Operating
European
Community law;

accordance with

Licence

in

2. 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 Albania under the
safety provisions of the Agreement between the Member State
that has designated the air carrier and the Republic of Albania
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

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
the Republic of Albania that
of a designated air carrier of
operates between a point
that Member
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 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.

2.
The tariffs to be charged by the air carrier(s) designated by
the Republic of Albania 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

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

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

Article 3

Article 7

Rights with regard to regulatory control

Revision or amendment

The provisions

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

in paragraph 2 of

this Article shall

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 the Republic of Albania 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 Albanian 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 Ia 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
Per Komunitetin Europian

Por el Consejo de Ministros de la República de Albania
Za Radu ministrû Albánské republiky
For Republikken Albaniens ministerråd
Für den Ministerrat der Republik Albanien
Albaania Vabariigi ministrite nõukogu nimel
Για το Υπουργικό Συμβούλιο της Δημοκρατίας της Αλβανίας

For the Council of Ministers of the Republic of Albania
Pour le Conseil des ministres de la République d’Albanie
Per il Consiglio dei Ministri della Repubblica d’Albania
Albānijas Republikas Ministru padomes vārdā
Albanijos Republikos Ministrų Tarybos vardu
Az Albán Köztársaság Minisztertanácsa részéről
Għall-Kunsill tal-Ministri għar-Repubblika ta’ l-Albanija
Voor de Ministerraad van de Republiek Albanië
W imieniu Rady Ministrów Republiki Albanii
Pelo Conselho de Ministros da República da Albânia
Za Radu ministrov Albánskej republiky
Za Ministrski Svet Republike Albanije
Albanian tasavallan ministerineuvoston puolesta
För Republiken Albaniens ministerråd
Per Keshillin e Ministrave te Republikes se Shqiperise

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ANNEX I

List of agreements referred to in Article 1 of this Agreement

(a) Air service agreements between the Republic of Albania 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

Albania, signed at Vienna on 18 March 1993 (hereinafter referred to as Albania-Austria Agreement);

— Agreement between the Government of the Kingdom of Belgium and the Government of the Republic of Albania
on Air Transport, signed at Brussels on 14 November 2002 (hereinafter referred to as Albania-Belgium
Agreement);

To be read together with the Memorandum of Understanding done at Brussels on 18 June 2002.

— Air Transport Agreement between the Government of Czechoslovak Republic and the Government of the People's
Republic of Albania, signed at Tirana on 20 May 1958 (hereinafter referred to as Albania-Czech Republic
Agreement);

— Agreement between the Government of the French Republic and the Government of the People's Socialist
initialled at Tirana on 12 January 1989 (hereinafter

Republic of Albania relating to Civil Air Transport,
referred to as Albania-France Agreement);

— Agreement between the Government of the Federal Republic of Germany and the Government of the Republic of
Albania concerning Civil Air Transport, signed at Tirana on 22 April 1992 (hereinafter referred to as Albania-
Germany Agreement);

— Agreement between the Government of the Hellenic Republic and the Government of the People's Socialist
Republic of Albania on Civil Air Transport, signed at Tirana on 16 July 1977 (hereinafter referred to as
Albania-Greece Agreement);

As well as the Memorandum of Understanding done at Athens on 25 June 1998.

— Agreement between the Government of Hungarian's People's Republic and the Government of the People's
Republic of Albania concerning the regulation of Civil Air Transport between Hungary and Albania, signed at
Budapest on 16 January 1958 (hereinafter referred to as Albania-Hungary Agreement);

— Agreement between the Government of the Italian Republic and the Government of Albania concerning Air

Services, signed at Tirana on 18 December 1992 (hereinafter referred to as Albania-Italy Agreement);

— Agreement between the Kingdom of the Netherlands and the Republic of Albania for Air Services between and
beyond their respective territories, signed at The Hague on 25 September 1996 (hereinafter referred to as Albania-
Netherlands Agreement);

— Agreement between the Government of the Polish People's Republic and the Government of the People's Republic
of Albania concerning Air Services, signed at Tirana on 8 July 1957 (hereinafter referred to as Albania-Poland
Agreement);

— Agreement between the Government of the Republic of Slovenia and the Government of the Republic of Albania
relating to Scheduled Air Services, signed at Ljubljana on 10 November 1992 (hereinafter referred to as Albania-
Slovenia Agreement);

— Agreement between the Government of United Kingdom of Great Britain and Northern Ireland and the
Government of the Republic of Albania concerning Air Services, signed at London on 30 March 1994 (hereinafter
referred to as Albania-UK Agreement);

To be read together with the Memorandum of Understanding done at London on 14 November 2002.

(b) Air service agreements and other arrangements initialled or signed between the Republic of Albania 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(5) of the Albania-Austria Agreement;

— Article 3 of the Albania-Germany Agreement;

— Article 3(1) and (2) of the Albania-Greece Agreement;

— Article 6 of the Albania-France Agreement;

— Article 2 of the Albania-Hungary Agreement;

— Article 4 of the Albania-Italy Agreement;

— Article 4 of the Albania-Netherlands Agreement;

— Articles 2 and 3 and Annex II point 1, of the Albania-Poland Agreement;

— Article 7 of the Albania-Slovenia Agreement;

— Article 4 of the Albania-UK Agreement.

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

— Article 4(1a) of the Albania-Austria Agreement;

— Article 5 of the Albania-Belgium Agreement;

— Article 4 of the Albania-Germany Agreement;

— Article 3(3) of the Albania-Greece Agreement;

— Article 7 of the Albania-France Agreement;

— Article 5 of the Albania-Italy Agreement;

— Article 5 of the Albania-Netherlands Agreement;

— Article 8 of the Albania-Slovenia Agreement;

— Article 5 of the Albania-UK Agreement.

(c) Regulatory control

(d) Taxation of aviation fuel:

— Article 7 of the Albania-Austria Agreement;

— Article 10 of the Albania-Belgium Agreement;

— Article 4 of the Albania-Czech Republic Agreement;

— Article 10 of the Albania-Germany Agreement;

— Article 7 of the Albania-Greece Agreement;

— Article 13 of the Albania-France Agreement;

— Article 6 of the Albania-Italy Agreement;

— Article 10 of the Albania-Netherlands Agreement;

— Article 6 of the Albania-Poland Agreement;

— Article 10 of the Albania-Slovenia Agreement;

— Article 8 of the Albania-UK Agreement.

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(e) Tariffs for Carriage within the European Community:

— Article 11 of the Albania-Austria Agreement;

— Article 13 of the Albania-Belgium Agreement;

— Article 2 of the Albania-Czech Republic Agreement;

— Article 14 of the Albania-Germany Agreement;

— Article 6 of the Albania-Greece Agreement;

— Article 17 of the Albania-France Agreement;

— Article 8 of the Albania-Italy Agreement;

— Article 6 of the Albania-Netherlands Agreement;

— Article 7 of the Albania-Poland Agreement;

— Article 14 of the Albania-Slovenia Agreement;

— Article 7 of the Albania-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).