Agreement between the European Community and the former Yugoslav Republic of Macedonia on certain aspects of air services
Date: 2006-06-09
Institutions: European Community, North Macedonia
Subjects: North Macedonia, agreement (EU), air transport

8.8.2006

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Official Journal of the European Union

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between the European Community and the former Yugoslav Republic of Macedonia on certain
aspects of air services

AGREEMENT

THE EUROPEAN COMMUNITY,

of the one part, and

THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA,

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 former Yugoslav Republic of Macedonia 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 former Yugoslav Republic of Macedonia, 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 former Yugoslav Republic of Macedonia 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 former Yugoslav Republic of Macedonia, to affect the balance
between Community air carriers and air carriers of the former Yugoslav Republic of Macedonia, 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 former Yugoslav Republic of
Macedonia, and the refusal, revocation, suspension or limitation
of the authorisations or permissions of the air carrier, respec-
tively.

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On receipt of a designation by a Member State, the former
2.
Yugoslav Republic of Macedonia 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 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, 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 former Yugoslav Republic of Macedonia may refuse,
3.
revoke, suspend or limit the authorisations 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
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 Operators' 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 right under this paragraph, the former Yugoslav
Republic of Macedonia
between
Community air carriers on the grounds of nationality.

discriminate

shall not

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

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

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 the former Yugoslav Republic of
Macedonia 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
an
former Yugoslav Republic of Macedonia under
the
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.

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.

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
application.

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

3.
Agreements and other arrangements between Member
States and the former Yugoslav Republic of Macedonia which,

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 Luxembourg in duplicate, on this ninth day of June, in the year two thousand and six,
in each of the official languages of the Parties.

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ANNEX I

List of agreements referred to in Article 1 of this Agreement

(a) Air service agreements between the former Yugoslav Republic of Macedonia 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 Macedonian Government’, signed at

Graz on 8 November 1996 (hereinafter referred to as the Agreement with Austria),

— ‘Agreement between the Belgian Government and the Macedonian Government relating to Air Transport’ signed

at Brussels on 22 October 1998 (hereinafter referred to as the Agreement with Belgium),

To be read together with the Memorandum of Understanding done at Brussels on 5 October 1998.

— ‘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 the Agreement with the Czech Republic),

— ‘Air Services Agreement between the Government of the Kingdom of Denmark and the Macedonian Government’

signed at Copenhagen on 20 March 2000 (hereinafter referred to as the Agreement with Denmark),

— ‘Air Services Agreement between the Government of the Federal Republic of Germany and the Macedonian
Government’ signed at Skopje on 16 July 2002 (hereinafter referred to as the Agreement with Germany),

— ‘Agreement between the Hungarian Government and the Macedonian Government on Air Services’ signed at

Budapest on 11 May 2000 (hereinafter referred to as the Agreement with Hungary),

— ‘Agreement between the Government of the Italian Republic and the Macedonian Government concerning Air

Services’ signed at Skopje on 3 February 1997 (hereinafter referred to as the Agreement with Italy),

— ‘Agreement between the Government of the Kingdom of the Netherlands and the Macedonian Government for
Air Services between and beyond their respective territories’ signed at Skopje on 6 February 1997 (hereinafter
referred to as the Agreement with the Netherlands),

— ‘Air Services Agreement between the Government of the Slovak Republic and the Government of the Republic of
Macedonia’ signed at Bratislava on 15 May 2002 (hereinafter referred to as the Agreement with the Slovak
Republic),

— ‘Agreement between the Republic of Slovenia and the Republic of Macedonia on Scheduled Air Services’ signed at

Horrid on 24 March 1992 (hereinafter referred to as the Agreement with Slovenia),

Amended on 20 July 1992 and on 6 November 1992;

— ‘Air Transport Agreement between the Government of Spain and the Macedonian Government’ signed at Skopje

on 2 March 1999 (hereinafter referred to as the Agreement with Spain),

— ‘Air Services Agreement between the Government of the Kingdom of Sweden and the Government of the
Republic of Macedonia’ signed at Copenhagen on 20 March 2000 (hereinafter referred to as the Agreement
with Sweden),

— ‘Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the
Government of the Republic of Macedonia concerning Air Services’ signed at Skopje on 1 October 1999 (here-
inafter referred to as the Agreement with the UK);

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(b) Air service agreements and other arrangements initialled or signed between the Former Yugoslav Republic of
Macedonia 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 Government of the Republic of Estonia and the Government of the Republic

of Macedonia’ initialled on 4 November 2000 (hereinafter referred to as the Agreement with Estonia),

— ‘Agreement between the Government of the French Republic and the Government of the Republic of Macedonia
relating to Air Services’ initialled at Paris on 11 February 2002 (hereinafter referred to as the Agreement with
France),

— ‘Agreement between the Government of the Republic of Poland and the Government of the Republic of
initialled at Warsaw on 14 June 2000 (hereinafter referred to as the Agreement

Macedonia on Air Services’
with Poland);

To be read together with the Memorandum of Understanding done at Warsaw on 14 June 2000.

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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 of the Agreement with Austria,

— Article 2 of the Agreement with the Czech Republic,

— Article 3(4) of the Agreement with Denmark,

— Article 3 of the Agreement with Estonia,

— Article 3(2)(a) of the Agreement with France,

— Article 3(4) of the Agreement with Germany,

— Article 3 of the Agreement with Hungary,

— Article 4(4) of the Agreement with Italy,

— Article 4(4) of the Agreement with the Netherlands,

— Article 3(4) of the Agreement with Poland,

— Article 3(5) of the Agreement with the Slovak Republic,

— Article 6 of the Agreement with Slovenia,

— Article 3(4) of the Agreement with Spain,

— Article 3(4) of the Agreement with Sweden,

— Article 4 of the Agreement with the UK;

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

— Article 4(1)(a) of the Agreement with Austria,

— Article 5(1)(d) of the Agreement with Belgium,

— Article 4(1)(a) of the Agreement of Denmark,

— Article 4 of the Agreement with Estonia,

— Article 4(1)(a) of the Agreement with France,

— Article 4 of the Agreement with Germany,

— Article 5(1)(d) of the Agreement with Hungary,

— Article 5(1)(a) of the Agreement with Italy,

— Article 5(1)(c) of the Agreement with the Netherlands,

— Article 4(1)(c) of the Agreement with Poland,

— Article 4(1)(a) of the Agreement with the Slovak Republic,

— Article 7 of the Agreement with Slovenia,

— Article 4(1)(a) of the Agreement with Spain,

— Article 4(1)(a) of the Agreement with Sweden,

— Article 5 of the Agreement with the UK;

(c) Regulatory control:

— Article 16 of the Agreement with Estonia,

— Article 8 of the Agreement with France,

— Article 12 of the Agreement with Germany,

— Article 8 of the Agreement with Hungary,

— Article 14 of the Agreement with the Netherlands,

— Article 17 of the Agreement with Poland,

— Article 15 of the Agreement with the Slovak Republic,

— Article 13 of the Agreement with Spain;

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(d) Taxation of aviation fuel:

— Article 8 of the Agreement with Austria,
— Article 10 of the Agreement with Belgium,
— Article 6 of the Agreement with the Czech Republic,
— Article 6 of the Agreement with Denmark,
— Article 9 of the Agreement with Estonia,
— Article 10 of the Agreement with France,
— Article 6 of the Agreement with Germany,
— Article 11 of the Agreement with Hungary,
— Article 6 of the Agreement with Italy,
— Article 10 of the Agreement with the Netherlands,
— Article 6 of the Agreement with Poland,
— Article 9 of the Agreement with the Slovak Republic,
— Article 9 of the Agreement with Slovenia,
— Article 5 of the Agreement with Spain,
— Article 6 of the Agreement with Sweden,
— Article 8 of the Agreement with the UK;

(e) Tariffs for carriage within the European Community:
— Article 12 of the Agreement with Austria,
— Article 13 of the Agreement with Belgium,
— Article 7 of the Agreement with the Czech Republic,
— Article 11 of the Agreement with Denmark,
— Article 14 of the Agreement with Estonia,
— Article 14 of the Agreement with France,
— Article 10 of the Agreement with Germany,
— Article 14 of the Agreement with Hungary,
— Article 8 of the Agreement with Italy,
— Article 6 of the Agreement with the Netherlands,
— Article 10 of the Agreement with Poland,
— Article 13 of the Agreement with the Slovak Republic,
— Article 13 of the Agreement with Slovenia,
— Article 7 of the Agreement with Spain,
— Article 11 of the Agreement with Sweden,
— Article 7 of the Agreement with the UK.

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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).