Agreement between the European Community and New Zealand on certain aspects of air services
Date: 2006-06-21
Institutions: European Community, New Zealand
Subjects: New Zealand, agreement (EU), air transport

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Official Journal of the European Union

6.7.2006

between the European Community and New Zealand on certain aspects of air services

AGREEMENT

THE EUROPEAN COMMUNITY,

of the one part, and

NEW ZEALAND,

of the other part,

(hereinafter referred to as the Contracting Parties)

NOTING that bilateral air service agreements have been concluded between several Member States of the European
Community and New Zealand containing provisions that have been found 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 that Member State and third countries,

HAVING REGARD to the agreements between the European Community and specified 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 New Zealand, which have been found 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
New Zealand 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 in this Agreement to increase the total volume of air traffic
between the European Community and New Zealand, to affect the balance between Community air carriers and air
carriers of New Zealand, or to amend 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; ‘Contracting
Party’ shall mean a contracting party to this Agreement; ‘party’
shall mean the contracting party to the relevant bilateral air
carrier’
services
also mean airline;
‘territory of the European Community’ shall mean territories
of
the Member States to which the Treaty establishing the
European Community applies.

agreement;

shall

‘air

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

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

Article 2

Designation, authorisation and revocation

1.
The provisions in paragraphs 3 and 4 of this Article shall
prevail over 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 authori-
sations and permissions granted by New Zealand, and the
refusal, revocation, suspension or limitation of
the authori-
sations or permissions of the air carrier, respectively.

2.
The provisions in paragraph 3 and 4 of this Article shall
prevail over the corresponding provisions in the Articles listed
in Annex II(a) and (b) to this Agreement respectively, in relation
to the designation of air carriers by New Zealand, its author-
isations
and permissions granted by the Member State
concerned, 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 such a designation, and of applications from
3.
the designated air carrier(s), in the form and manner prescribed
the
for operating authorisations and technical permissions,
other party shall, subject
the
to paragraphs 4 and 5 grant
appropriate authorisations and permissions with minimum
procedural delay, provided that:

(a)

in the case of an air carrier designated by a Member State:

(i)

is established, under the Treaty estab-
the air carrier,
in the territory of
lishing the European Community;
the designating Member State
valid
and has
Operating Licence from a Member State in accordance
with European Community law; and

a

(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
aeronautical authority is clearly identified in the desig-
nation; and

(iii) the air carrier has its principal place of business in the
the Member State from which it has

territory of
received the operating licence; and

(iv) the air carrier is owned directly or through majority
ownership and 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.

the relevant aeronautical authority is not clearly iden-
tified in the designation; or

(iii) the air carrier does not have its principal place of
the Member State from

business in the territory of
which it has received the Operating Licence; or

(iv) 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; or

(v)

the air carrier is already authorised to operate under a
bilateral agreement between New Zealand and another
Member State and New Zealand can demonstrate that,
by exercising traffic rights under this Agreement on a
route that includes a point in that other Member State,
it would be circumventing restrictions on the traffic
rights imposed by that other agreement; or

(vi) the air carrier designated holds an Air Operator's Certi-
ficate issued by a Member State and there is no bilateral
air services agreement between New Zealand and that
Member State and that Member State has denied traffic
rights to the air carrier designated by New Zealand;

(b) in the case of an air carrier designated by New Zealand:

(b) in the case of an air carrier designated by New Zealand:

control of the air carrier; or

(i) New Zealand is not maintaining effective regulatory

(i) New Zealand has and maintains effective regulatory

(ii) it does not have its principal place of business and place

control of the air carrier; and

of incorporation in New Zealand.

(ii) it has its principal place of business and place of incor-

poration in New Zealand.

Either party may refuse, revoke, suspend or limit

4.
operating authorisation or
carrier designated by the other party where:

the
technical permissions of an air

(a)

in the case of an air carrier designated by a Member State:

(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 Licence from a Member State in accordance
with European Community law; or

(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

5.
In exercising its right under paragraph 4, and without
prejudice to its rights under paragraph 4(a)(v) and (vi) of this
Article, New Zealand shall not discriminate between air carriers
of Member States on the grounds of nationality.

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
the rights of New Zealand under the safety
Member State,
provisions of the agreement between the Member State that
has designated the air carrier and New Zealand 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.

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Article 4

Article 7

Taxation of aviation fuel

Revision or amendment

The provisions

1.
complement
listed in Annex II(d).

in paragraph 2 of

the corresponding provisions

this Article shall
in the Articles

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

2.
Notwithstanding any other provision to the contrary,
nothing in each of the Agreements listed in Annex II(d) shall
prevent Member States or New Zealand from imposing on a
non-discriminatory basis taxes, levies, duties, fees or charges on
fuel supplied in their respective territories for use in an aircraft
of a designated air carrier of a Member State or New Zealand
that operates between two points within the respective terri-
tories of the Contracting Parties.

Article 5

Tariffs

The provisions

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

in paragraph 2 of

this Article shall

Article 8

Entry into force

This Agreement

1.
into force when the
Contracting Parties have notified each other in writing that
their respective internal procedures necessary for its entry into
force have been completed.

enter

shall

Notwithstanding paragraph 1,

2.
the Contracting Parties
agree to apply this Agreement provisionally from the first day
of the month following the date on which the Contracting
Parties have notified each other of
the
procedures necessary for this purpose.

the completion of

2.
The tariffs to be charged by the air carrier(s) designated by
New Zealand 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. European Community law is applied on a non-discrimi-
natory basis.

Agreements and other arrangements between Member
3.
States and New Zealand 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 application.

3.
The tariffs to be charged by the air carriers designated by
Member States under an Agreement
listed in Annex 1
for carriage
containing a provision listed in Annex II(e)
wholly within New Zealand shall be subject to New Zealand
law. New Zealand law is applied on a non discriminatory basis.

Article 6

Annexes to the Agreement

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

The Annexes to this Agreement shall
thereof.

form an integral part

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 Brussels in duplicate, on this twenty-first day of June in the year two thousand and
in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek,
six,
Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovenian,
Hungarian,
Spanish, and Swedish languages.
In the case of divergence the English text shall prevail
over the other language texts.

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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

Por Nueva Zelanda
Za Nový Zéland
For New Zealand
Für Neuseeland
Uus-Meremaa nimel
Για τη Νέα Ζηλανδíα
For New Zealand
Pour la Nouvelle-Zélande
Per la Nuova Zelanda
Jaunzēlandes vārdā
Naujosios Zelandijos vardu
Új-Zéland részéről
Għan-New Zealand
Voor Nieuw-Zeeland
W imieniu Nowej Zelandii
Pela Nova Zelândia
Za Nový Zéland
Za Novo Zelandijo
Uuden-Seelannin puolesta
För Nya Zeeland

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ANNEX I

List of Agreements referred to in Article 1 of this Agreement

(a) Air services agreements between New Zealand 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 New Zealand done at

Vienna on 14 March 2002; (hereinafter referred to as New Zealand-Austria Agreement),

— Agreement between the Government of the Kingdom of Belgium and the Government of New Zealand relating to
Air services done at Wellington on 4 June 1999; (hereinafter referred to as New Zealand-Belgium Agreement),

— Air Services Agreement between the Kingdom of Denmark and New Zealand done at Wellington on 7 February
2001; (hereinafter referred to as New Zealand-Denmark Agreement, supplemented by the Agreement on the
Cooperation between the Scandinavian Countries regarding Scandinavian Airlines System (SAS), signed at Well-
ington on 7 February 2001),

— Agreement between the Government of the French Republic and the Government of New Zealand relating to Air
Services done at Paris on 9 November 1967; (hereinafter referred to as New Zealand-France Agreement, last
modified by Exchange of Notes both dated 9 August 1971),

— Air Transport Agreement between the Federal Republic of Germany and New Zealand signed at Bonn on

2 November 1987 as amended; (hereinafter referred to as New Zealand-Germany Agreement),

— Air Services Agreement between the Government of Ireland and the Government of New Zealand done at Dublin

on 27 May 1999 (hereinafter referred to as New Zealand-Ireland Agreement),

— Agreement between the Government of New Zealand and the Government of the Italian Republic concerning Air

Services signed at Rome in September 2001; (hereinafter referred to as New Zealand-Italy Agreement),

— Agreement between the Government of the Grand-Duchy of Luxembourg and the Government of New Zealand
on Air Services; done at Wellington on 2 November 1992 (hereinafter referred to as New Zealand-Luxembourg
Agreement),

— Draft Agreement between the Government of New Zealand and the Government of the Kingdom of the Neth-
erlands for Air Services between and beyond their respective territories as annexed to the Memorandum of
Understanding signed at the Hague on 11 May 1999; (hereinafter referred to as Draft New Zealand-Netherlands
Agreement),

— Air Transport Agreement between the Kingdom of Spain and New Zealand done at Madrid on 6 May 2002;

(hereinafter referred to as New Zealand-Spain Agreement),

— Air Services Agreement between the Kingdom of Sweden and New Zealand; done at Wellington on 7 February
2001;
(hereinafter referred to as New Zealand-Sweden Agreement, supplemented by the Agreement on the
Cooperation between the Scandinavian Countries regarding Scandinavian Airlines System (SAS), signed at Well-
ington on 7 February 2001).

(b) Air services agreements and other arrangements initialled or signed between New Zealand 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 New Zealand-Austria Agreement,

— Article 4 of the New Zealand-Belgium Agreement,

— Article 3 of the New Zealand-Denmark Agreement,

— Article 3 of the New Zealand-Germany Agreement (*),

— Article 3 of the New Zealand-Ireland Agreement (*),

— Article 4 of the New Zealand-Italy Agreement (*),

— Article 3 of the New Zealand-Luxembourg Agreement (*),

— Article 4 of the Draft New Zealand-Netherlands Agreement (*),

— Article 3 of the New Zealand-Spain Agreement,

— Article 3 of the New Zealand-Sweden Agreement.

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

— Article 4 of the New Zealand-Austria Agreement,

— Article 5 of the New Zealand-Belgium Agreement,

— Article 4 of the New Zealand-Denmark Agreement,

— Article 8 of the New Zealand-France Agreement (*),

— Article 4 of the New Zealand-Germany Agreement (*),

— Article 4 of the New Zealand-Ireland Agreement (*),

— Article 5 of the New Zealand-Italy Agreement (*),

— Article 4 of the New Zealand-Luxembourg Agreement (*),

— Article 5 of the Draft New Zealand-Netherlands Agreement (*),

— Article 4 of the New Zealand-Spain Agreement,

— Article 4 of the New Zealand-Sweden Agreement.

(c) Regulatory control:

— Article 6 of the New-Zealand-Austria Agreement,

— Article 7 of the New Zealand-Belgium Agreement,

— Article 13 of the New Zealand-Denmark Agreement,

— Article 11a of the New Zealand-Germany Agreement,

— Article 6 of the New Zealand-Ireland Agreement,

— Article 11 of the New Zealand-Italy Agreement,

— Article 6 of the New Zealand-Luxembourg Agreement,

— Article 12 of the Draft New Zealand-Netherlands Agreement,

— Article 11 of the New Zealand-Spain Agreement,

— Article 13 of the New Zealand-Sweden Agreement.

(*) Article 2(2) of this Agreement does not apply to these provisions.

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(d) Taxation of aviation fuel:

— Article 7 of the New Zealand-Austria Agreement,

— Article 10 of the New Zealand-Belgium Agreement,

— Article 5 of the New Zealand-Denmark Agreement,

— Article 6 of the New Zealand-France Agreement,

— Article 6 of the New Zealand-Germany Agreement,

— Article 9 of the New Zealand-Ireland Agreement,

— Article 6 of the New Zealand-Italy Agreement,

— Article 8 of the New Zealand-Luxembourg Agreement,

— Article 10 of the Draft New Zealand-Netherlands Agreement,

— Article 5 of the New Zealand-Spain Agreement,

— Article 5 of the New Zealand-Sweden Agreement.

(e) Tariffs for carriage within the European Community:

— Article 11 of the New Zealand-Austria Agreement,

— Article 13 of the New Zealand-Belgium Agreement,

— Article 9 of the New Zealand-Denmark Agreement,

— Article 10 of the New Zealand-France Agreement,

— Article 10 of the New Zealand-Germany Agreement,

— Article 12 of the New Zealand–Ireland Agreement,

— Article 8 of the New Zealand-Italy Agreement,

— Article 10 of the New Zealand-Luxembourg Agreement,

— Article 6 of the Draft New Zealand-Netherlands Agreement,

— Article 7 of the New Zealand-Spain Agreement,

— Article 9 of the New Zealand-Sweden 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).