Agreement between the European Community and the Oriental Republic of Uruguay on certain aspects of air services
Date: 2006-11-03
Institutions: European Community, Uruguay
Subjects: Uruguay, agreement (EU), air transport

28.11.2006

EN

Official Journal of the European Union

L 330/19

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

AGREEMENT

THE EUROPEAN COMMUNITY,

of the one part,

and

THE ORIENTAL REPUBLIC OF URUGUAY (hereinafter referred to as Uruguay),

of the other part,

(hereinafter referred to as the Parties),

NOTING that bilateral air service agreements have been signed between several Member States of
Community and Uruguay containing provisions contrary to European Community law,

the European

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 States providing for the
possibility for the nationals of such third States 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 Uruguay, 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 Uruguay 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, in the light of the above, provisions in bilateral air service agreements concluded between Member
States of the European Community and Uruguay 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 to affect the balance between Community air carriers and
air carriers of Uruguay, or to negotiate amendments to the provisions of existing bilateral air service agreements
concerning traffic rights,

L 330/20

EN

Official Journal of the European Union

28.11.2006

HAVE AGREED AS FOLLOWS:

Article 1

General provisions

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

1.
mean Member States of
Member States’
American Civil Aviation Commission.

shall 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.

References in each of the agreements listed in Annex I to
3.
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 and limitation of authorisations

suspension or

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 Uruguay, and the refusal, revo-
cation,
the authorisations or
limitation of
permissions of the air carrier, respectively. The provisions in
paragraphs 4 and 5 of this Article shall supersede the corre-
sponding provisions in the Articles listed in Annex II(a) and (b)
respectively, in relation to the designation of an air carrier by
its authorisations and permissions granted by the
Uruguay,
suspension or
Member State, and the refusal,
limitation of
the air
carrier, respectively.

the authorisations or permissions of

revocation,

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

(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, or by other
States listed in Annex III and/or nationals of such other
States.

Uruguay 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
Licence
Community law; or

accordance with

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 designation;
or

(iii) the air carrier is not owned and effectively controlled
directly or through majority ownership by Member States
and/or nationals of Member States, or by other States listed
in Annex III and/or nationals of such other States; or

(iv) Uruguay demonstrates that, by exercising traffic rights
under this Agreement on a route that includes a point in
another Member State, the airline would be circumventing
restrictions on traffic
imposed by a bilateral
agreement between Uruguay and that other Member
State; or

rights

(v) the airline holds an Air Operators Certificate issued by a
Member State and there
services
agreement between Uruguay and that Member State, and
traffic rights to that Member State have been denied to the
air carrier designated by Uruguay.

is no bilateral air

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

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

(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

On receipt of a designation by Uruguay, a Member State
4.
shall grant the appropriate authorisations and permissions with
minimum procedural delay, provided that:

(i) the air carrier is established in the territory of Uruguay; and

28.11.2006

EN

Official Journal of the European Union

L 330/21

(ii) Uruguay has and maintains effective regulatory control of
the airline and is responsible for issuing its Air Operators
Certificate; and

Article 4

Taxation of aviation fuel

(iii) the air carrier is owned and effectively controlled directly or
through majority ownership by LACAC Member States
and/or nationals of LACAC Member States, unless more
favourable provisions have been agreed in the bilateral air
services
and
Uruguay.

agreement between that Member State

5.
A Member State may refuse, revoke, suspend or limit the
authorisation or permissions of an air carrier designated by
Uruguay where:

(i) the air carrier is not established in Uruguay; or

(ii) effective regulatory control of the air carrier is not exercised
or not maintained by Uruguay or Uruguay is not
responsible for issuing its Air Operators Certificate; or

(iii) the air carrier is not owned and effectively controlled
through majority ownership by LACAC
directly or
and/or nationals of LACAC Member
Member States
States, unless more
favourable provisions have been
agreed in the bilateral air services agreement between that
Member State and Uruguay; or

agreement between the Member State

(iv) the air carrier is already authorised to operate under a
bilateral
and
another LACAC Member State and the Member State
demonstrates that, by exercising traffic rights under this
Agreement on a route that includes a point in that other
LACAC Member
circumventing
restrictions on the traffic rights imposed by that other
agreement.

it would be

State,

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
regulatory control
is exercised and maintained by another
Member State, the rights of Uruguay under the safety provisions
of the agreement between the Member State that has designated
the air carrier and Uruguay 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 authori-
sations of that air carrier.

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 on a non-discriminatory
basis taxes, levies, duties, fees or charges on fuel supplied in its
territory for use in an aircraft of a designated air carrier of
Uruguay 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,

3.
Notwithstanding any other provision to the contrary,
nothing in each of the agreements listed in Annex II(d) shall
prevent Uruguay from imposing on a non-discriminatory basis
fees or charges on fuel supplied in its
taxes,
territory for use in an aircraft of a designated air carrier of a
Member State that operates between a point in the territory of
Uruguay and another point in the territory of Uruguay or in the
territory of another LACAC 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
Uruguay 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 in a non-discrimi-
natory manner.

Article 6

Compatibility with competition rules

The bilateral air services agreements concluded between
1.
Member States and Uruguay shall not (i) require or favour the
adoption of agreements between undertakings, decisions by
associations of undertakings or
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 responsi-
bility for taking measures that prevent, distort or restrict compe-
tition between air carriers on the relevant routes.

concerted practices

2.
The provisions listed in Annex II(f) shall not be applied in
a way that would be incompatible with paragraph 1 of this
Article.

L 330/22

EN

Official Journal of the European Union

28.11.2006

Article 7

Annexes to the Agreement

The Annexes to this Agreement form an integral part thereof.

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 8

Revision or amendment

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

Article 9

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 contracting Parties agree
to provisionally 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 between Member States and Uruguay which,
3.
at the date of signature of this Agreement, have not yet entered

Article 10

Termination

In the event

that an agreement

is
1.
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.
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,
sign this Agreement.

Done at Montevideo in duplicate, on this
third day of
two thousand and six in the Czech, Danish,
November,
Dutch, English, Estonian, Finnish, French, German, Greek,
Hungarian,
Polish,
Portuguese, Slovak, Slovene, Spanish, and Swedish languages.
In case of divergence the Spanish text shall prevail over the
other language texts.

Lithuanian, Maltese,

Latvian,

Italian,

28.11.2006

EN

Official Journal of the European Union

L 330/23

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
Ghall-Komunitá 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 Oriental del Uruguay
Za Uruguayskou východní republiku
For Den Østlige Republik Uruguay
Für die Republik Östlich des Uruguay
Uruguay Idavabariigi nimel
Για την Ανταολική Δημοκρατία της Ουρουγουάης

For the Oriental Republic of Uruguay
Pour la République Orientale de l'Uruguay
Per la Repubblica orientale dell'Uruguay
Urugvajas Austrumu Republikas vārdā
Urugvajaus Rytų Respublikos vardu
Az Uruguayi Keleti Köztársaság részéről
Ghar-Repubblika Orjentali ta' l-Uruguay
Voor de Republiek ten oosten van de Uruguay
W imieniu Wschodniej Republiki Urugwaju
Pela República Oriental doUruguai
Za Uruguajskú východnú republiku
Za Vzhodno republiko Urugvaj
Uruguayn itäisen tasavallan puolesta
För Östliga Republiken Uruguay

L 330/24

EN

Official Journal of the European Union

28.11.2006

ANNEX I

LIST OF AGREEMENTS REFERRED TO IN ARTICLE 1 OF THIS AGREEMENT

(a) Air service agreements between Uruguay 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:

— Agreement between the Oriental Republic of Uruguay and the Federal Republic of Germany on air transport,
signed at Montevideo on 31 August 1957, hereinafter referred to as ‘Uruguay-Germany Agreement’ in Annex II.

Last modified by the Agreed Record done at Bonn on 9 July 1997,

— Agreement between the Government of the Oriental Republic of Uruguay and the Government of the Kingdom of
Belgium concerning air services, signed at Montevideo on 5 October 1972, hereinafter referred to as ‘Uruguay-
Belgium Agreement’ in Annex II,

— Agreement between the Government of the Oriental Republic of Uruguay and the Government of the Kingdom of
Denmark on air services, signed at Montevideo on 18 December 1981, hereinafter referred to as ‘Uruguay-
Denmark Agreement’ in Annex II,

— Agreement between the Kingdom of Spain and the Oriental Republic of Uruguay on commercial air transport,
signed at Montevideo on 13 August 1979, hereinafter referred to as ‘Uruguay-Spain Agreement’ in Annex II.

Last Modified by the Agreed Record signed at Madrid on 21 October 2005,

— Air Transport Agreement between the Governments of the Kingdom of the Netherlands and the Oriental Republic
of Uruguay, signed at The Hague on 21 November 1979, hereinafter referred to as ‘Uruguay-Netherlands
Agreement’ in Annex II,

— Agreement between the Oriental Republic of Uruguay and the Portuguese Republic on air transport, as provided
for in Annex II to the Memorandum of Understanding signed in Lisbon on 9 September 1998, hereinafter
referred to as ‘Uruguay-Portugal Agreement’ in Annex II,

— Agreement between the Government of the Oriental Republic of Uruguay and the Government of the United
Kingdom of Great Britain and Northern Ireland, as provided for in Annex B to the Agreed Record signed at
London on 6 February 1998, hereinafter referred to as ‘Uruguay-United Kingdom Agreement’ in Annex II,

— Agreement between the Government of the Oriental Republic of Uruguay and the Government of the Kingdom of
Sweden on air services, signed at Montevideo on 18 December 1981, hereinafter referred to as ‘Uruguay-Sweden
Agreement’ in Annex II.

(b) Air service agreements and other arrangements initialled or signed between Uruguay 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:

— Draft Agreement between the Government of the Oriental Republic of Uruguay and the Federal Government of
Austria on air transport, as provided for in Annex B to the Protocol signed at Montevideo on 28 February 1996,
hereinafter referred to as ‘Draft Uruguay-Austria Agreement’ in Annex II,

— Draft Air Transport Agreement between the Kingdom of Spain and the Oriental Republic of Uruguay, as provided
for in Annex to the Agreed Record signed at Madrid on 21 October 2005, hereinafter referred to as ‘Draft Revised
Uruguay-Spain Agreement’ in Annex II.

28.11.2006

EN

Official Journal of the European Union

L 330/25

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:

— Article 3 of the Uruguay-Germany Agreement,

— Article 3 of the Draft Uruguay-Austria Agreement,

— Article 3 of the Uruguay-Belgium Agreement,

— Article 3 of the Uruguay-Denmark Agreement,

— Article 3 of the Uruguay-Spain Agreement,

— Article 3 of the Draft Revised Uruguay-Spain Agreement,

— Article 3 of the Uruguay-Netherlands Agreement,

— Article 3 of the Uruguay-Portugal Agreement,

— Article 4 of the Uruguay-United Kingdom Agreement,

— Article 3 of the Uruguay-Sweden Agreement;

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

— Article 4 of the Uruguay-Germany Agreement,

— Article 4 of the Draft Uruguay-Austria Agreement,

— Article 3 of the Uruguay-Belgium Agreement,

— Article 4 of the Uruguay-Denmark Agreement,

— Article 4 of the Uruguay-Spain Agreement,

— Article 4 of the Draft Revised Uruguay-Spain Agreement,

— Article 5 of the Uruguay-Netherlands Agreement,

— Article 4 of the Uruguay-Portugal Agreement,

— Article 5 of the Uruguay-United Kingdom Agreement,

— Article 4 of the Uruguay-Sweden Agreement;

(c) Safety:

— Annex 3 to the Agreed Record signed at Bonn on 9 July 1997 — as applied provisionally in the framework of the

Uruguay-Germany Agreement,

— Article 17 of the Uruguay-Portugal Agreement,

— Article 14 of the Uruguay-United Kingdom Agreement;

(d) Taxation of aviation fuel:

— Article 6 of the Uruguay-Germany Agreement,

— Article 7 of the Draft Uruguay-Austria Agreement,

— Article 4 of the Uruguay-Belgium Agreement,

— Article 9 of the Uruguay-Denmark Agreement,

— Article 6 of the Uruguay-Spain Agreement,

— Article 5 of the Draft Revised Uruguay-Spain Agreement,

— Article 7 of the Uruguay-Netherlands Agreement,

— Article 6 of the Uruguay-Portugal Agreement,

— Article 8 of the Uruguay-United Kingdom Agreement,

— Article 9 of the Uruguay-Sweden Agreement;

L 330/26

EN

Official Journal of the European Union

28.11.2006

(e) Tariffs for carriage within the European Community:
— Article 9 of the Uruguay-Germany Agreement,
— Article 11 of the Draft Uruguay-Austria Agreement,
— Article 9 of the Uruguay-Belgium Agreement,
— Article 6 of the Uruguay-Denmark Agreement,
— Article 7 of the Uruguay-Spain Agreement,
— Article 12 of the Uruguay-Netherlands Agreement,
— Article 16 of the Uruguay-Portugal Agreement,
— Article 7 of the Uruguay-United Kingdom Agreement,
— Article 6 of the Uruguay-Sweden Agreement;

(f) Compatibility with competition rules:

— Article 9 of the Uruguay-Germany Agreement,
— Article 11 of the Draft Uruguay-Austria Agreement,
— Article 9 of the Uruguay-Belgium Agreement,
— Article 6 of the Uruguay-Denmark Agreement,
— Article 7 of the Uruguay-Spain Agreement,
— Article 12 of the Uruguay-Netherlands Agreement,
— Article 16 of the Uruguay-Portugal Agreement,
— Article 6 of the Uruguay-Sweden Agreement.

28.11.2006

EN

Official Journal of the European Union

L 330/27

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).