Agreement between the European Community and the Republic of Maldives on certain aspects of air services
Date: 2006-09-21
Institutions: European Community, Maldives
Subjects: Maldives, agreement (EU), air transport

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Official Journal of the European Union

17.10.2006

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

AGREEMENT

THE EUROPEAN COMMUNITY,

of the one part, and

THE REPUBLIC OF MALDIVES (hereinafter referred to as the Maldives),

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 Maldives 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 certain provisions of the bilateral air service agreements between Member States of the European
Community and the Maldives, 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 Maldives and to
preserve the continuity of such air services,

NOTING that under European Community law air carriers may not, in principle, conclude agreements which may affect
trade between Member States of the European Community and which have as their object or effect the prevention,
restriction or distortion of competition,

RECOGNISING that provisions in bilateral air service agreements concluded between Member States of the European
Community and the Maldives which (i) require or favour the adoption of agreements between undertakings, decisions by
associations of undertakings or concerted practices that prevent, distort or restrict competition between air carriers on the
relevant routes; or (ii) reinforce the effects of any such agreement, decision or concerted practice; or (iii) delegate to air
carriers or other private economic operators the responsibility for taking measures that prevent, distort or restrict
competition between air carriers on the relevant routes, may render ineffective the competition rules applicable to
undertakings,

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

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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.

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.

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 by a Member State

The provisions in paragraphs 2 and 3 of this Article shall
1.
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 Maldives, and the refusal, revo-
the authorisations or
limitation of
cation,
permissions of the air carrier, respectively.

suspension or

On receipt of a designation by a Member State,

2.
Maldives
permissions with minimum procedural delay, provided that:

authorisations

appropriate

grant

shall

the

the
and

(i) the air carrier is established in the territory, under the
Treaty establishing the European Community, of the desi-
gnating Member State and has a valid Operating Licence in
accordance with European Community law; and

(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, directly or

through majority
ownership, and it
is 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.

3.
The Maldives may refuse, 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 in the territory, under the
Treaty establishing the European Community, of the desi-
gnating Member State or does not have a valid Operating
Licence 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 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 Maldives shall
not discriminate between Community air carriers on the
grounds of nationality.

Article 3

Safety

The provisions

1.
this Article shall
complement the corresponding provisions in the articles listed
in Annex II(c).

in paragraph 2 of

the rights of

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

this Article shall
1.
complement the corresponding provisions in the articles listed
in Annex II(d).

in paragraph 2 of

taxes,

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, on a non-discrimi-
fees or charges on fuel
natory basis,
supplied in its territory for use in an aircraft of a designated
air carrier of the Maldives 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.

levies, duties,

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Article 5

Article 9

Tariffs for carriage within the European Community

Entry into force and provisional application

The provisions

1.
this Article shall
complement the corresponding provisions in the articles listed
in Annex II(e).

in paragraph 2 of

1.
This Agreement shall enter into force when the Parties
respective
have notified each other
internal procedures necessary for its entry into force have
been completed.

in writing that

their

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

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.

Article 6

Compatibility with competition rules

3.
Agreement between a Member State and the Maldives
which, at the date of signature of this Agreement, has not yet
entered into force and is not being applied provisionally is listed
in Annex I(b). The present Agreement shall apply to that
Agreement upon its entry into force or provisional application.

air

Bilateral

1.
concluded between
Member States and the Maldives shall be without prejudice to
the competition rules of the Parties.

agreements

service

Article 10

Termination

The provisions listed in Annex II(f) shall be deleted and

2.
shall cease to have effect.

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

Article 7

Annexes to the Agreement

2.
In the event that all agreements listed in Annex I are
terminated, this Agreement shall terminate at the same time.

The Annexes to this Agreement shall
thereof.

form an integral part

IN WITNESS WHEREOF, the undersigned, being duly authorised,
have signed this Agreement.

Article 8

Revision or amendment

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

Done at Brussels in duplicate, on the twenty-first day of
September 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, Slovene, Spanish, Swedish and Maldivian
Dhivehi 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

Por la República de Maldivas
Za Maledivskou republiku
For Republikken Maldiverne
Für die Republik Malediven
Maldiivi Vabariigi nimel
Για τη Δημοκρατία των Μαλδιβών

For the Republic of Maldives
Pour la République des Maldives
Per la Repubblica delle Maldive
Maldivu Republikas vārdā
Ma1dyvų Respublikos vardu
A Maldív Köztársaság részéről
Għar-Repubblika tal-Maldivi
Voor de Republiek der Maldiven
W imieniu Republiki Malediwów
Pela República das Maldivas
Za Maldivskú republiku
Za Republiko Maldivi
Malediivien tasavallan puolesta
För Republiken Maldiverna

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ANNEX I

List of agreements referred to in Article 1 of this Agreement

(a) Air service agreements between the Maldives 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
Maldives done at Malé on 4 February 1997, hereinafter referred to as ‘Maldives-Austria Agreement’ in Annex II,

— Agreement between the Government of the French Republic et the Government of the Republic of Maldives
relating to air services done at Malé on 5 February 2001, hereinafter referred to as ‘Maldives-France Agreement’ in
Annex II,

— Air Transport Agreement between the Federal Republic of Germany and the Republic of Maldives done at Malé on

10 November 1993 hereinafter referred to as ‘Maldives-Germany Agreement’ in Annex II,

— Agreement between the Government of the Kingdom of the Netherlands and the Government of the Republic of
Maldives for air services between and beyond their respective territories done at The Hague on 23 June 1994,
hereinafter referred to as ‘Maldives-The Netherlands Agreement’ in Annex II,

— Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the
the Republic of Maldives done at Malé on 20 January 1996, hereinafter referred to as

Government of
‘Maldives-United Kingdom Agreement’ in Annex II.

Modified by Memorandum of Understanding done at Malé on 7 September 2000.

(b) Air service agreement initialled or signed between the Maldives and a Member State of the European Community
which, at the date of signature of this Agreement, has not yet entered into force and is not being applied provi-
sionally:

— Agreement between the Government of the Italian Republic and the Government of the Republic of Maldives
concerning air services initialled at Malé on 20 January 2000, hereinafter referred to as ‘Maldives-Italy Agreement’
in Annex II.

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ANNEX II

List of articles in the agreements listed in Annex I and referred to in Articles 2 to 6 of this Agreement

(a) Designation by a Member State:

— Article 3 of the Maldives-Austria Agreement,
— Article 3 of the Maldives-France Agreement,
— Article 4 of the Maldives-Italy Agreement,
— Article 4 of the Maldives-The Netherlands Agreement,
— Article 4 of the Maldives-United Kingdom Agreement;

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

— Article 4 of the Maldives-Austria Agreement,
— Article 4 of the Maldives-France Agreement,
— Article 5 of the Maldives-Italy Agreement,
— Article 5 of the Maldives-The Netherlands Agreement,
— Article 5 of the Maldives-United Kingdom Agreement;

(c) Safety:

— Article 7 of the Maldives-France Agreement,
— Article 11 of the Maldives-Italy Agreement,
— Article 14 of the Maldives-The Netherlands Agreement;

(d) Taxation of aviation fuel:

— Article 7 of the Maldives-Austria Agreement,
— Article 10 of the Maldives-France Agreement,
— Article 6 of the Maldives-Germany Agreement,
— Article 6 of the Maldives-Italy Agreement,
— Article 10 of the Maldives-The Netherlands Agreement,
— Article 8 of the Maldives-United Kingdom Agreement;

(e) Tariffs for Carriage within the European Community:
— Article 11 of the Maldives-Austria Agreement,
— Article 14 of the Maldives-France Agreement,
— Article 10 of the Maldives-Germany Agreement,
— Article 8 of the Maldives-Italy Agreement,
— Article 6 of the Maldives-The Netherlands Agreement,
— Article 7 of the Maldives-United Kingdom Agreement;

(f) Compatibility with competition rules:

— Article 11 (2-6) of the Maldives-Austria Agreement,
— Article 14 (3-5) of the Maldives-France Agreement,
— Article 8 (3 and 6) of the Maldives-Italy Agreement,
— Article 6 (2-5) of the Maldives-The Netherlands 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).