Proposal for a DECISION OF THE COUNCIL AND THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION, MEETING WITHIN THE COUNCIL on the signature and provisional application of the Agreement in the form of an Exchange of Letters on "Agreed Principles of the Modernisation of the existing system of utilisation of the Transsiberian routes" between the European Community and its Member States, on the one hand, and the Russian Federation, on the other hand Proposal for a DECISION OF THE COUNCIL AND THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION, MEETING WITHIN THE COUNCIL on the conclusion of the Agreement in the form of an Exchange of Letters on "Agreed Principles of the Modernisation of the existing system of utilisation of the Transsiberian routes" between the European Community and its Member States, on the one hand, and the Russian Federation, on the other hand
Date: 2007-02-14
Institutions: Provisional data
Subjects: Russia, air transport, common transport policy, interim agreement (EU), ratification of an agreement, signature of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 14.2.2007 
COM(2007) 55 final 

2007/0024 (CNS) 

Proposal for a 

DECISION OF THE COUNCIL AND THE REPRESENTATIVES OF THE 
GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION, 
MEETING WITHIN THE COUNCIL 

on the signature and provisional application of the Agreement in the form of an 
Exchange of Letters on "Agreed Principles of the Modernisation of the existing system 
of utilisation of the Transsiberian routes" between the European Community and its 
Member States, on the one hand, and the Russian Federation, on the other hand 

Proposal for a 

DECISION OF THE COUNCIL AND THE REPRESENTATIVES OF THE 
GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION, 
MEETING WITHIN THE COUNCIL 

on the conclusion of the Agreement in the form of an Exchange of Letters on "Agreed 
Principles of the Modernisation of the existing system of utilisation of the Transsiberian 
routes" between the European Community and its Member States, on the one hand, and 
the Russian Federation, on the other hand 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1)  CONTEXT OF THE PROPOSAL 

•  Grounds for and objectives of the proposal 

The  Agreement  in  the  form  of  an  Exchange  of  Letters  on  "Agreed  Principles  of  the 
Modernisation  of  the  existing  system  of  utilisation  of  the  Transsiberian  routes"  has 
been negotiated under a mandate received from the Council in March 2006. 

•  General context 

Based  on  the  negotiating  directives  of  the  mandate,  the  text  of  the  agreement  was 
agreed  ad  referendum  at  the  final  negotiating  round  on  24  November  2006  between 
Vice-president Barrot and Mr. Levitin, Transport Minister of the Russian Federation, in 
the margins of the EU-Russia summit in Helsinki. 

•  Existing provisions in the area of the proposal 

There are no existing provisions in the area of the proposal. 

•  Consistency with the other policies and objectives of the Union 

The  agreement  solves  the  issue  of  Siberian  overflight  payments  requested  by  the 
Russian Federation from EC carriers for overflights over Russian territory which were 
an important stumbling block in EU-Russia relations. The payments are an EU-Russia 
trade irritant which has to be solved before Russia's accession to WTO. The agreement 
will  strengthen  transport  cooperation  in  the  framework  of  the  EU-Russia  Common 
Economic Space. 

2)  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

Consultation methods, main sectors targeted and general profile of respondents 

All  throughout  the  negotiating  process,  the  Commission  has  been  assisted  by  a 
Consultative Forum representing the industry that has been involved actively. 

Summary of responses and how they have been taken into account 

A  number  of  meetings  have  been  held  with  the  Consultative  forum,  where  the  then 
current draft of the agreement was discussed. All comments have been duly taken into 
consideration. 

•  Collection and use of expertise 

There was no need for external expertise. 

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•  Impact assessment 

The  agreement  will  significantly  improve  the  competitive  situation  of  EC  carriers  on 
routes to destinations between the EU and Asia, in particular Japan, China, Hong Kong 
and South Korea through the gradual reduction of payments in the transition period and 
the abolishment of payments from 2014 onwards 

Without agreement, EC carriers would have to continue paying for the right to transit 
the Russian Federation which would imply higher costs and reduced competitivity for 
the airlines. 

3)  LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

The  agreement  contains  key  principles  which  must  be  implemented  in  the  bilateral 
agreements  between  Member  States  and  the  Russian  Federation  and  includes  the 
following results: 

All payments after  1st January  2014 shall be cost-based, transparent  and  non-

1) 
discriminatory between foreign carriers and in line with the Chicago Convention. 

2) 
The  provisions  of  bilateral  agreements  between  EU  Member  States  and  the 
Russian  Federation  requiring  prior  conclusion  of  commercial  agreements  for 
Transsiberian routes shall be terminated.  

All  new  frequencies  granted  by  the  Russian  side  during  the  transition  period 
3) 
and  beyond  shall  be  free  of  payments  and  will  not  need  the  prior  conclusion  of  a 
commercial agreement.  

All  frequencies  currently  leased  by  EC  carriers  from  Russian  carriers  will  be 
4) 
grandfathered.  In  return,  the  Member  States  will  have  the  choice  either  of  increasing 
overflight frequencies for the Russian side or agreeing bilaterally with the Russian side 
on any other means.  

The current level of payments will be reduced in 2010 for certain parts of the 

5) 
payments.  

In a separate letter, the Russian Minister Levitin stated the Russia Federation's 
6) 
readiness  to  increase  overflight  frequencies  for  EC  carriers  in  future  bilateral 
negotiations  with  Member  States.  The  increase  of  overflight  frequencies  to  Asian 
destinations will be made taking into account the traffic rights obtained by EU Member 
States to destinations in the Far East. 

•  Legal basis 

Article 80(2), in conjunction with the first sentence of the first subparagraph of Article 
300(2). 

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•  Subsidiarity principle 

The  subsidiarity  principle  applies  insofar  as  the  proposal  does  not  fall  under  the 
exclusive competence of the Community. 

The  objectives  of  the  proposal  cannot  be  sufficiently  achieved  by  the  Member  States 
for the following reason(s). 

 Member  States  were  trying  to  solve  in  bilateral  negotiations  with  the  Russian 
Federation for more than 20 years without success. 

Community action will better achieve the objectives of the proposal for the following 
reason(s). 

Only Community action was able to achieve the results and to solve this issue in view 
of the resistance of the Russian Federation.  

The result after 7 months of negotiations proves the efficiency of the work at EU level. 

The  agreement  lays  down  general  principles  which  will  have  to  be  implemented  in 
bilateral air services agreements between Member  States and  the Russian Federation. 
Bilateral air services agreements will be amended, but will remain in force. 

The proposal therefore complies with the subsidiarity principle. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reason(s). 

Member  States  will  continue  to  carry  out  the  traditional  administrative  tasks  they 
execute  in  the  context  of  international  air  transport,  but  under  common  principles 
applied uniformly by all Member States. 

Member  States  will  have  to  renegotiate  bilateral  air  services  agreement  with  the 
Russian Federation. 

•  Choice of instruments 

Proposed instruments: other. 

Other means would not be adequate for the following reason(s). 

For  the  signature  and  provisional  application  of  an  international  agreement  no  other 
instruments are available. 

4)  BUDGETARY IMPLICATION 

The proposal has no implication for the Community budget. 

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Proposal for a 

DECISION OF THE COUNCIL AND REPRESENTATIVES OF THE 
GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION, 
MEETING WITHIN THE COUNCIL 

on the signature and provisional application of the Agreement in the form of an 
Exchange of Letters on "Agreed Principles of the Modernisation of the existing system 
of utilisation of the Transsiberian routes" between the European Community and its 
Member States, on the one hand, and the Russian Federation, on the other hand  

THE COUNCIL OF THE EUROPEAN UNION AND THE REPRESENTATIVES OF THE 

GOVERNMENTS OF THE MEMBER STATES MEETING WITHIN THE COUNCIL OF 

THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community  and  in  particular 
Article 80(2),  in  conjunction  with  the  first  sentence  of  the  first  subparagraph  of  Article 
300(2), 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

The  Council  has  authorised  the  Commission  to  open  negotiations  with  the  Russian 
Federation to solve the issue of Siberian overflight payments;1  

The  Commission  has  negotiated  on  behalf  of  the  Community  and  of  the  Member 
States an Agreement in the form of an exchange letter laying down "Agreed Principles 
of the Modernisation of the existing system of utilisation of the Transsiberian routes" 
(hereinafter,  “the  Agreement”)  in  accordance  with  the  Council  Decision  authorising 
the Commission to open negotiations  

(3) 

An Agreement was initialled at Helsinki on 24 November 2006; 

(4) 

On  the  same  occasion  Minister  Levitin,  Russian  Minister  of  Transport,  delivered  a 
letter  to  Commission's  Vice-President  Barrot  which  states  that  "The  Aeronautical 
Authority of the Russian Federation intends to continue its current practice of positive 
consideration of the requests by the EC Member states on the increase of the number 
of  overflight  frequencies  made  in  the  context  of  bilateral  negotiations  between  the 
respective  national  Aeronautical  Authorities.  In  the  framework  of  the  bilateral 
arrangements that may be reached in the course of such negotiations the Aeronautical 
Authorities  of  the  Russian  Federation  will  be  ready  to  increase  the  number  of 
overflight frequencies based on the principle of mutual benefit and equal opportunity 
taking into account the air navigation capacity of respective routes.  

1 

Council  conclusions  on  Siberia,  2721st  Transport,  Telecommunications  and  Energy,  Council 
(Transport), Brussels, 27 March 2006  

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In  the  course  of  these  negotiations,  the  Aeronautical  Authority  of  the  Russian 
Federation will take into account inter alia the rights available for EC Member States 
air  carrier  for  operations  to  a  third  country  on  routes  departing  from  their  own 
territory.  The  increase  of  the  number  of  overflight  frequencies  shall  be  made  in 
accordance  with  the  general  principles  of  overall  balance of  interests  of  both  Sides 
that capacity shall be related to the requirements of traffic between the countries of 
origin and destination, of traffic of the area through which the agreed services pass; 
and  through  airline  operations.  Duly  motivated  requests  of  the  EC  Member  States 
will continue to be negotiated in good faith and on reasonable grounds." 

(5) 

(6) 

The  Agreement  should  be  accompanied  by  an  equalisation  mechanism  set  up  by  the 
Community  carriers  concerned  which  avoids  possible  distortions  of  competition  on 
Trans-Siberian  routes  during  the  transitional  period  while  being  compatible  with  the 
competition  rules  of  the  Treaty.  Member  States  should  only  designate  carriers  for 
operations on those routes that participate in the equalisation mechanism 

The  Agreement  negotiated  by  the  Commission  should  be  signed  and  applied 
provisionally by the Community and its Member States, subject to its conclusion at a 
later date; 

HAVE DECIDED AS FOLLOWS:  

Single Article  

1. 

2. 

3. 

4. 

The  signing  of  the  Agreement  in  the  form  of  an  exchange  of  letters  laying  down 
"Agreed  Principles  of  Modernisation  of  the  existing  system  of  utilisation  of  the 
Transsiberian  routes"  between  the  Community  and  its  Members  States,  of  the  one 
part, and the Russian Federation, of the other part, is hereby approved on behalf of 
the Community and its Member States, subject to a subsequent decision concerning 
the conclusion of the Agreement. 

The President of the Council is hereby authorised to designate the person empowered 
to sign the Agreement on behalf of the Community and its Member States. 

Pending its entry into force, the Agreement shall be applied by the Community and 
its Member States from … 

The text of the Agreement, including its Annexes, which are an integral part thereof 
is attached to this Decision.  

Done at Brussels,  

For the Council 
The President 

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2007/0024 (CNS) 

Proposal for a 

DECISION OF THE COUNCIL AND REPRESENTATIVES OF THE GOVERNMENTS OF 
THE MEMBER STATES OF THE EUROPEAN UNION, MEETING WITHIN THE 
COUNCIL 

on the conclusion of the Agreement in the form of an Exchange of Letters on "Agreed 
Principles of the Modernisation of the existing system of utilisation of the Transsiberian 
routes" between the European Community and its Member States, on the one hand, and the 
Russian Federation, on the other hand 

THE  COUNCIL  OF  THE  EUROPEAN  UNION  AND  THE  REPRESENTATIVES  OF  THE 
GOVERNMENTS  OF  THE  MEMBER  STATES  MEETING  WITHIN  THE  COUNCIL  OF  THE 
EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community and in particular Article 80(2), 
in  conjunction  with  the  first  sentence  of  the  first  subparagraph  of  Article  300(2)  and  the  first 
subparagraph of Article 300(3), 

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European Parliament, 

Whereas: 

(1) 

The Commission has negotiated on behalf of the Community and of the Member States an 
Agreement  in  the  form  on  an  exchange  letters  laying  down  "Agreed  Principles  of  the 
Modernisation of the existing system of utilisation of the Transsiberian routes" (hereinafter, 
“the  Agreement”)  in  accordance  wit  the  Council  Decision  authorising  the  Commission  to 
open negotiations  

(2) 

An Agreement was signed on ….; 

(3) 

On  24  November  2006,  with  the  occasion  of  the  initialling  of  the  Agreement,  Minister 
Levitin,  Russian  Minister  of  Transport  delivered  a  letter  to  Commission's  Vice-President 
Barrot  which  states  that  "The  Aeronautical  Authority  of  the  Russian  Federation  intends  to 
continue  its  current  practice  of  positive  consideration  of  the  requests  by  the  EC  Member 
states on the increase of the number of overflight frequencies made in the context of bilateral 
negotiations between the respective national Aeronautical Authorities. In the framework of 
the  bilateral  arrangements  that  may  be  reached  in  the  course  of  such  negotiations  the 
Aeronautical Authorities of the Russian Federation will be ready to increase the number of 
overflight frequencies based on the principle of mutual benefit and equal opportunity taking 
into account the air navigation capacity of respective routes.  

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In the course of these negotiations, the Aeronautical Authority of the Russian Federation 
will  take  into  account  inter  alia  the  rights  available  for  EC  Member  States  air  carrier  for 
operations to a third country on routes departing from their own territory. The increase of 
the  number  of  overflight  frequencies  shall  be  made  in  accordance  with  the  general 
principles of overall balance of interests of both Sides that capacity shall be related to the 
requirements of traffic between the countries of origin and destination, of traffic of the area 
through  which  the  agreed  services  pass;  and  through  airline  operations.  Duly  motivated 
requests  of  the  EC  Member  States  will  continue  to  be  negotiated  in  good  faith  and  on 
reasonable grounds." 

(4) 

The  Agreement  should  be  accompanied  by  an  equalisation  mechanism  set  up  by  the 
Community  carriers  concerned  which  avoids  possible  distortions  of  competition  on  Trans-
Siberian  routes  during  the  transitional  period  while  being  compatible  with  the  competition 
rules  of  the  Treaty.  Member  States  should  only  designate  carriers  for  operations  on  those 
routes that participate in the equalisation mechanism 

(5) 

The Agreement should be approved by the Community and its Member States; 

HAVE DECIDED AS FOLLOWS:  

Single Article  

1. 

2. 

3. 

The  Agreement  in  the  form  of  an  exchange  of  letters  laying  down  "Agreed  Principles  of 
the Modernisation of the existing system of utilisation of Transsiberian routes" between the 
Community  and  its  Members  States,  of  the  one  part,  and  the  Russian  Federation,  of  the 
other part, is hereby approved on behalf of the Community and its Member States.  

The  text  of  the  Agreement,  including  its  annexes,  which  are  an  integral  part  thereof,  is 
attached to this decision. 

The President of the Council is hereby authorised to designate the person(s) empowered to 
deliver to the Russian Federation the diplomatic notes provided in the Agreement on behalf 
of the Community and its Member States. 

Done at Brussels,  

For the Council 
The President 

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A. 

Letter from the European Community and its Member States 

ANNEX  

Sir, 

1. 

2. 

I  have  the  honour  to  refer  to  the  negotiations  between  the  Commission  of  the  European 
Community  and  the  Government  of  the  Russian  Federation  on  the  modernisation  of  the 
system of utilisation of Transsiberian routes. The results of such negotiations are reflected 
in  the  attached  “Agreed  Principles  on  the  Modernisation  of  the  existing  system  of 
utilisation of the Transsiberian routes” (Annex I) and the Letter of 23 November 2006 by 
Minister Levitin to Mr Barrot, Vice-President of the Commission (Annex II) 

I have the honour to propose that, upon the confirmation of your acceptance, this letter and 
its  annexes  together  constitute  an  Agreement  in  the  form  of  an  Exchange  of  Letters 
between  the  European  Community  and  its  Member  States,  of  one  part,  and  the  Russian 
Federation, of the other part. The agreement shall be applied provisionally by both parties 
from …. and shall enter into force 10 days after the later note in an exchange of diplomatic 
notes between the Parties confirming that all necessary procedures for entry into force of 
this Agreement have been completed.  

I should be obliged if you would confirm that your Government is in agreement with the contents of 
this letter.  

Please accept, Sir, the assurance of my highest consideration.  

On behalf of the European Community and its Member States 

“B. Letter from the Russian Federation”  

Sir, 

I have the honour to acknowledge receipt of your letter of … which reads as follows: 

1. 

2. 

I  have  the  honour  to  refer  to  the  negotiations  between  the  Commission  of  the  European 
Community  and  the  Government  of  the  Russian  Federation  on  the  modernisation  of  the 
system of utilisation of Transsiberian routes. The results of such negotiations are reflected 
in  the  attached  “Agreed  Principles  on  the  Modernisation  of  the  existing  system  of 
utilisation of the Transsiberian routes” (Annex I) and the Letter of 24 November 2006 by 
Minister Levitin to Mr Barrot, Vice-President of the Commission (Annex II).  

I have the honour to propose that, upon the confirmation of your acceptance, this letter and 
its  annexes  together  constitute  an  Agreement  in  the  form  of  an  Exchange  of  Letters 
between  the  European  Community  and  its  Member  States,  of  one  part,  and  the  Russian 
Federation, of the other part. The agreement shall be applied provisionally by both parties 
from …. and shall enter into force 10 days after the later note in an exchange of diplomatic 
notes between the Parties confirming that all necessary procedures for entry into force of 
this Agreement have been completed. 

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I have the honour to confirm that the above is acceptable to my Government and that your letter, 
including  the  annexes,  and  this  reply  together  constitute  an  Agreement,  in  accordance  with  your 
proposal.  

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ANNEX I  

Agreed principles of the Modernisation of the existing system of utilisation of the 
Transsiberian routes2 

I. Object and Scope 

1. 

2. 

This  instrument  lays  down  Agreed  Principles  with  respect  to  the  modernisation  of  the 
existing system of overflights along specified Transsiberian routes by EC Member States 
air carriers.  

The Agreed Principles rest on the assumption that the Russian Federation has not acceded 
to  the  International  Air  Services  Transit  Agreement  signed  in  Chicago  on  7  December 
1944, and is therefore neither bound by the obligations of, nor enjoys the rights available 
under, that Agreement. 

II. Modernisation of the system 

1. 

2. 

3. 

2 

3 

4 

No  later  than  1  January  2014,  the  provisions  of  the  bilateral  arrangements  of  respective 
Aeronautical Authorities containing the obligation of the EC Member States air carriers to 
enter  into  commercial  agreements  with  Russian  air  carriers  on  the  above  routes  shall  be 
terminated. As a consequence, EC air carriers shall not make any payments resulting from 
commercial  agreements  in  respect  of  overflights,  except  payments  in  accordance  with 
paragraph II.2 of these Agreed Principles. 

No later than 1 January 2014, any fees and charges applicable for overflying Russian and 
EU  territories  by  EU  and  Russian  airlines,  respectively,  shall  be  cost-related,  transparent 
and not leading to discrimination between foreign airlines. Any such fees and charges shall 
be paid to the relevant public authorities and be in accordance with the requirements of the 
Chicago Convention. 

At the date of the revision of the bilateral arrangements in accordance with point IV.1 at 
the latest, the number of overflight frequencies available to each side3 shall not be reduced. 
The  number  of  overflight  frequencies  available  to  EC  Member  States  shall  include 
frequencies  currently  leased  by  the  EC  Member  States  air  carriers  from  Russian  air 
carriers.  At  the  same  time,  the  relevant  EC  Member  State  shall  increase  the  number  of 
overflight  frequencies  available  to  the  Russian  side4  so  that  it  equals  the  number  of 
overflight frequencies available to the EC Member State, or maintain the balance of rights 
under the bilateral air services agreements with the Russian side through any other means 
mutually acceptable for both sides. 

For the sole purpose of the present Agreed Principles Transsiberian routes shall include routes according to the 
definition in the respective bilateral arrangements for which the Russian Federation currently limits overflights 
and requires commercial agreements between designated carriers. 
For  the  purpose  of  this  provision  « side »  shall  be  understood  as  the  Russian  Federation  or  one  of  the  EC 
Member States. 
Overflight  frequencies  shall  be  operated  by  Russian  carriers  as  provided  under  the  existing  bilateral 
arrangements between EU Member States and the Russian Federation. 

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III. Mechanism of Transition  

1. 

2. 

Newly  operated  overflight  frequencies  on  agreed  specified  routes  shall  not  require  prior 
conclusion  of  a  commercial  agreement  between  the  designated  carriers  or  payments5 
resulting therefrom after the date of signature of the Agreed Principles. 

From  1st  January  2010,  the  provisions  of  the  bilateral  arrangements  of  respective 
Aeronautical Authorities shall be modified in order to ensure that 

–  the  right  of  the  EC  Member  States  air  carriers  to  omit  stopping  in  the  territory  of  the 
Russian  Federation  under  bilateral  arrangement  shall  not  be  subject  to  any  special 
commercial  agreement  with  Russian  designated  air  carries  or  payment  resulting 
therefrom. 

–  any code-share operation using Transsiberian routes shall not be subject to any special 
commercial  agreement  with  Russian  designated  air  carriers  or  payments  resulting 
therefrom. 

From  the  date  of  signature  of  these  Agreed  principles,  the  Aeronautical  Authorities  shall 
not  approve  commercial  agreements  between  designated  carriers  under  the  existing 
bilateral arrangements where the payments exceed the amount paid in 2006. 

IV. Implementation modalities 

1. 

2. 

[No later than 1st of January 2007], the Russian Federation and all EC Member States shall 
start  consultations  to  be  completed  within  6  months  with  a  view  to  ensuring  that  the 
bilateral  arrangements  comply  with  the  provisions  of  Sections  II  and  III  of  these  Agreed 
Principles. 

In  consultations  on  the  use  of  Transsiberian  routes,  the  Russian  Federation  and  EU 
Member States shall be governed by these Agreed Principles. 

V. Consultations  

The Parties agree within 15 days of a request to conduct consultations to discuss any issue 
related to the implementation of these Agreed Principles with the view to seek a mutually 
satisfactory solution. 

5 

[These  payments  from  commercial  agreements  include  inter  alia  the  payments  for  code  share,  non  stop 
services, transfer of services, use of Transpolar routes, technical landings and leased frequencies.] 

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ANNEX II  

Mr. Jacques Barrot 

Vice-President of the European Commission  

Commissioner for Transport 

Brussels 

Dear Vice-President 

The  Ministry  Transport  of  the  Russian  Federation  welcomes  the  cooperation  with  European 
Commission in the framework of Working Aviation Group of the Russia – EU Transport dialogue. 
It intends to further develop cooperation in the field of aviation between Russia and EU. 

The  Aeronautical  Authority  of  the  Russian  Federation  intends  to  continue  its  current  practice  of 
positive  consideration  of  the  requests  by  the  EC  Member  states  on  the  increase  of  the  number  of 
overflight frequencies made in the context of bilateral negotiations between the respective national 
Aeronautical Authorities. In the framework of the bilateral arrangements that may be reached in the 
course of such negotiations the Aeronautical Authorities of the Russian Federation will be ready to 
increase  the  number  of  overflight  frequencies  based  on  the  principle  of  mutual  benefit  and  equal 
opportunity taking into account the air navigation capacity of respective routes. 

In the course of these negotiations, the Aeronautical Authority of the Russian Federation will take 
into account inter alia the rights available for EC Member States air carrier for operations to a third 
country  on  routes  departing  from  their  own  territory.  The  increase  of  the  number  of  overflight 
frequencies shall be made in accordance with the general principles of overall balance of interests 
of both Sides that capacity shall be related to the requirements of traffic between the countries of 
origin  and  destination,  of  traffic  of  the  area  through  which  the  agreed  services  pass;  and  through 
airline operations. 

Duly motivated requests of the EC Member States will continue to be negotiated in good faith and 
on reasonable grounds. 

Sincerely, 

Igor LEVITIN 

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