Proposal for a Council Decision on the signature and provisional application of the Agreement between the European Community and the United Arab Emirates on certain aspects of air services
Date: 2007-03-23
Institutions: European Commission
Subjects: United Arab Emirates, air transport, common transport policy, ratification of an agreement, right of establishment

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 23.3.2007 
COM(2007) 134 final 

2007/0052 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the signature and provisional application of the Agreement between the European 
Community and the United Arab Emirates on certain aspects of air services 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Community and the United 
Arab Emirates on certain aspects of air services 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1)  CONTEXT OF THE PROPOSAL 

110 

•  Grounds for and objectives of the proposal 

Following the judgements of the Court of Justice in the so-called “Open Skies” cases, 
on  5  June  2003  the  Council  granted  the  Commission  a  mandate  to  open  negotiations 
with  third  countries  on  the  replacement  of  certain  provisions  in  existing  agreements 
with  a  Community  agreement1  (the  “horizontal  mandate”).  The  objectives  of  such 
agreements are to give all EU air carriers non-discriminatory access to routes between 
the  Community  and  third  countries,  and  to  bring  bilateral  air  service  agreements 
between Member States and third countries in line with Community law. 

120 

•  General context 

International  aviation  relations  between  Member  States  and  third  countries  have 
traditionally  been  governed  by  bilateral  air  services  agreements  between  Member 
States and third countries, the Annexes to such agreements and other related bilateral 
or multilateral arrangements. 

Traditional  designation  clauses  in  Member  States’  bilateral  air  services  agreements 
infringe Community law. They allow a third country to reject, withdraw or suspend the 
permissions  or  authorisations  of  an  air  carrier  that  has  been  designated  by  a  Member 
State  but  that  is  not  substantially  owned  and  effectively  controlled  by  that  Member 
State  or  its  nationals.  This  has  been  found  to  constitute  discrimination  against 
Community  carriers  established  in  the  territory  of  a  Member  State  but  owned  and 
controlled  by  nationals  of  other  Member  States.  This  is  contrary  to  Article  43  of  the 
Treaty which guarantees nationals of Member States who have exercised their freedom 
of  establishment  the  same  treatment  in  the  host  Member  State  as  that  accorded  to 
nationals of that Member State. 

There  are  further  issues,  such  as  aviation  fuel  taxation  or  tariffs  introduced  by  third 
country  air  carriers  on  intra-Community  routes,  where  compliance  with  Community 
law  should  be  ensured  through  amending  or  complementing  existing  provisions  in 
bilateral air services agreements between Member States and third countries. 

130 

140 

•  Existing provisions in the area of the proposal 

The provisions of the Agreement supersede or complement the existing provisions in 
the  bilateral  air  services  agreements  between  Member  States  and  the  United  Arab 
Emirates. 

•  Consistency with the other policies and objectives of the Union 

The Agreement will serve a fundamental objective of the Community external aviation 
policy  by  bringing  existing  bilateral  air  services  agreements  in  line  with  Community 
law. 

1 

Council Decision 11323/03 of 5 June 2003 (restricted document) 

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2)  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

Consultation methods, main sectors targeted and general profile of respondents 

Member States as well as the industry were consulted throughout the negotiations. 

Summary of responses and how they have been taken into account 

Comments made by Member States and the industry have been taken into account. 

3)  LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

In  accordance  with  the  mechanisms  and  directives  in  the  Annex  to  the  ”horizontal 
mandate”, the Commission has negotiated an agreement with the United Arab Emirates 
that replaces certain provisions in the existing bilateral air services agreements between 
Member States and the United Arab Emirates. Article 2 of the Agreement replaces the 
traditional  designation  clauses  with  a  Community  designation  clause,  permitting  all 
Community carriers to benefit from the right of establishment. Article 3 the Agreement 
address  safety  in  the  context  of  Community  designation.  Article  4  deals  with  the 
taxation  of  aviation  fuel,  a  matter  which  has  been  harmonised  by  Council  Directive 
2003/96/EC  restructuring  the  Community  framework  for  the  taxation  of  energy 
products  and  electricity,  and  in  particular  Article  14  (2)  thereof.  Article  5  (Pricing) 
resolves  conflicts  between  the  existing  bilateral  air  services  agreements  and  Council 
Regulation No 2409/92 on fares and rates for air services which prohibits third country 
carriers  from  being  price  leaders  on  air  services  for  carriage  wholly  within  the 
Community. Article 6 resolves potential conflicts with the EC competition rules. 

•  Legal basis 

EC Treaty Art. 80(2), 300(2) 

•  Subsidiarity principle 

The  proposal  is  entirely  based  on  the  “horizontal  mandate”  granted  by  the  Council 
taking  into  account  the  issues  covered  by  Community  law  and  bilateral  air  services 
agreements. 

•  Proportionality principle 

The  Agreement  will  amend  or  complement  provisions  in  bilateral  air  services 
agreements only to the extent necessary to ensure compliance with Community law. 

•  Choice of instruments 

The  Agreement  between  the  Community  and  the  United  Arab  Emirates  is  the  most 
efficient  instrument  to  bring  all  existing  bilateral  air  services  agreements  between 
Member States and the United Arab Emirates into conformity with Community law. 

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212 

305 

310 

329 

342 

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409 

510 

511 

512 

570 

4)  BUDGETARY IMPLICATION 

The proposal has no implication for the Community budget. 

5)  ADDITIONAL INFORMATION 

•  Simplification 

The proposal provides for simplification of legislation. 

The  relevant  provisions  of  bilateral  air  services  agreements  between  Member  States 
and  the  United  Arab  Emirates  will  be  superseded  or  complemented  by  provisions  in 
one single Community agreement. 

•  Detailed explanation of the proposal 

In  accordance  with  the  standard  procedure  for  the  signature  and  conclusion  of 
international agreements, the Council is asked to approve the decisions on the signature 
and  on  the  conclusion  of  the  Agreement  between  the  European  Community  and  the 
United  Arab  Emirates  on  certain  aspects  of  air  services  and  to  designate  the  persons 
authorised to sign the Agreement on behalf of the Community.  

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Proposal for a 

COUNCIL DECISION 

on the signature and provisional application of the Agreement between the European 
Community and the United Arab Emirates on certain aspects of air services 

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) 
thereof, 

Having regard to the proposal from the Commission2, 

Whereas: 

(1) 

(2) 

The  Council  authorised  the  Commission  on  5  June  2003  to  open  negotiations  with 
third  countries  on  the  replacement  of  certain  provisions  in  existing  bilateral 
agreements with a Community agreement, 

On behalf of the Community, the Commission has negotiated an Agreement with the 
United  Arab  Emirates  on  certain  aspects  of  air  services  in  accordance  with  the 
mechanisms  and  directives  in  the  Annex  to  the  Council  decision  authorising  the 
Commission  to  open  negotiations  with  third  countries  on  the  replacement  of  certain 
provisions in existing bilateral agreements with a Community agreement, 

(3) 

Subject  to  its  possible  conclusion  at  a  later  date,  the  Agreement  negotiated  by  the 
Commission should be signed and provisionally applied, 

HAS DECIDED AS FOLLOWS:  

Sole Article  

1. 

2. 

Subject  to  its  conclusion  at  a  later  date,  the  President  of  the  Council  is  hereby 
authorised  to  designate  the  person  or  persons  empowered  to  sign  on  behalf  of  the 
Community the Agreement between the European Community and the United Arab 
Emirates on certain aspects of air services. 

Pending  its  entry  into  force,  the  Agreement  shall  be  applied  provisionally  from  the 
first day of the first month following the date on which the parties have notified each 
other of the completion of the necessary procedures for this purpose. The President 

2 

OJ C , , p. . 

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of the Council is hereby authorised to make the notification provided in Article 9(2) 
of the Agreement. 

3. 

The text of the Agreement is annexed to this decision. 

Done at Brussels,  

For the Council 
The President 

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2007/0052 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Community and the United 
Arab Emirates on certain aspects of air services 

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) thereof, 

Having regard to the proposal from the Commission3, 

Having regard to the opinion of the European Parliament4, 

Whereas: 

(1) 

(2) 

The  Council  authorised  the  Commission  on  5  June  2003  to  open  negotiations  with 
third  countries  on  the  replacement  of  certain  provisions  in  existing  bilateral 
agreements with a Community agreement, 

On behalf of the Community, the Commission has negotiated an Agreement with the 
United  Arab  Emirates  on  certain  aspects  of  air  services  in  accordance  with  the 
mechanisms  and  directives  in  the  Annex  to  the  Council  Decision  authorising  the 
Commission  to  open  negotiations  with  third  countries  on  the  replacement  of  certain 
provisions in existing bilateral agreements with a Community agreement, 

(3) 

The  Agreement  was  signed  on  behalf  of  the  Community  subject  to  its  possible 
conclusion at a later date, in conformity with Decision …/…/EC of the Council on 5,  

(4) 

The Agreement should be approved, 

HAS DECIDED AS FOLLOWS:  

Article 1  

The Agreement between the European Community and the United Arab Emirates on 
certain aspects of air services is approved on behalf of the Community. 

OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 

1. 

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4 
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2. 

The text of the Agreement is annexed to this Decision. 

Article 2 

The  President  of  the  Council  is  authorised  to  designate  the  person  empowered  to  make  the 
notification provided in Article 9(1) of the Agreement. 

Done at Brussels,  

For the Council 
The President 

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ANNEX 

AGREEMENT 

between the European Community and the United Arab Emirates 

on certain aspects of air services 

THE EUROPEAN COMMUNITY  

of the one part, and 

THE UNITED ARAB EMIRATES (‘the UAE’) 

of the other part 

(hereinafter referred to as ‘the Contracting Parties’) 

NOTING  that  the  European  Court  of  Justice  has  found  that  certain  provisions  of  bilateral 
agreements entered into by several Member States with third countries are incompatible with 
European Community law, 

NOTING  that  a  number  of  bilateral  air  services  agreements  have  been  concluded  between 
several  Member  States  of  the  European  Community  and  the  UAE  containing  similar 
provisions  and  that  there  is  an  obligation  on  Member  States  to  take  all  appropriate  steps  to 
eliminate incompatibilities between such agreements and the EC Treaty, 

NOTING  that  the  European  Community  has  exclusive  European  Community  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  agreed  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  consistency  between  European  Community  law  and  provisions  of 
bilateral air service agreements between Member States of the European Community and the 
UAE  will  preserve  the  continuity  and  development  of  air  services  between  the  European 
Community and the UAE, 

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  UAE  which  i)  require  or  favour  the 

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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 this Agreement, to 
increase  the  total  volume  of  air  traffic  between  the  European  Community  and  the  UAE,  to 
affect the balance between Community air carriers and air carriers of the UAE, or to prevail 
over the interpretation of 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 mean Member States of 
the European Community, ‘Contracting Party’ shall mean a contracting party to this 
Agreement;  ‘Party’  shall  mean  the  party  to  the  relevant  bilateral  air  services 
agreement. 

References in each of the agreements listed in Annex 1 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. 

References in each of the agreements listed in Annex 1 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 

The  provisions  in  paragraphs  2  and  3  of  this  Article  shall  supersede  the 
corresponding provisions in the articles listed in Annex 2 (a) and (b) respectively, in 
relation to the designation of an air carrier by the Party concerned, its authorisations 
and permissions granted by the other Party, and the refusal, revocation, suspension or 
limitation of the authorisations or permissions of the air carrier, respectively. 

On  receipt  of  such  a  designation,  and  of  applications  from  the  designated  air 
carrier(s),  in  the  form  and  manner  prescribed  for  operating  authorisations  and 

1. 

2. 

3. 

1. 

2. 

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technical  permissions,  each  Party  shall  grant  the  appropriate  authorisations  and 
permissions with minimum procedural delay, provided that: 

(a) 

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

i. 

ii. 

iii. 

iv. 

the  air  carrier  is  established  in  the  territory  of  the  designating  Member 
State  under  the  Treaty  establishing  the  European  Community  and  has  a 
valid Operating Licence granted by a Member State in accordance with 
European Community law; and 

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 
designation; and 

the  air  carrier  has  its  principal  place  of  business  in  the  territory  of  the 
Member  State  from  which  it  has  received  the  valid  Operating  Licence; 
and 

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 3 and/or nationals of such 
other states. 

(b) 

in the case of an air carrier designated by the UAE: 

i. 

the air carrier is established in the territory of the UAE and is licensed in 
accordance with the applicable law of the UAE; and 

ii. 

the UAE has and maintains effective regulatory control of the air carrier. 

3. 

Either  party  may  refuse,  revoke,  suspend  or  limit  the  operating  authorisations  or 
technical permissions of an air carrier designated by the other party where: 

(a) 

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

i. 

ii. 

iii. 

iv. 

the  air  carrier  is  not  established  in  the  territory  of  the  designating 
Member State under the Treaty establishing the European Community or 
does  not  have  a  valid  Operating  Licence  granted  by  a  Member  State  in 
accordance with European Community law; or 

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 aeronautical authority is not clearly 
identified in the designation; or 

the air carrier does not have its principal place of business in the territory 
of the Member State from which it has received its Operating Licence; or  

the air carrier is not owned, directly or through majority ownership, or it 
is  not  effectively  controlled  by  Member  States  and/or  nationals  of 

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v. 

vi. 

Member States, and/or by other states listed in Annex 3 and/or nationals 
of such other states; or 

the  air  carrier  holds  an  Air  Operator’s  Certificate  issued  by  another 
Member State and it can be demonstrated that by exercising traffic rights 
under  this  Agreement  on  a  route  that  includes  a  point  in  that  other 
Member State, including the operation of a service which is marketed as, 
or  otherwise  constitutes  a  through  service,  it  would  in  effect  be 
circumventing  restrictions  on  traffic  rights  imposed  by  a  bilateral  air 
services  agreement  between  the  United  Arab  Emirates  and  that  other 
Member State; or 

the  air  carrier  holds  an  Air  Operator’s  Certificate  issued  by  a  Member 
State and there is no bilateral air services agreement between the United 
Arab  Emirates  and  that  Member  State,  and  it  can  be  demonstrated  that 
the  necessary  traffic  rights  to  conduct  the  proposed  operation  are  not 
reciprocally available to the air carrier(s) designated by the United Arab 
Emirates. 

(b) 

in the case of an air carrier designated by the UAE: 

i. 

ii. 

iii. 

iv. 

the  air  carrier  is  not  established  in  the  territory  of  the  UAE  or  is  not 
licensed in accordance with the applicable law of the UAE; or  

the UAE does not have or does not maintain effective regulatory control 
of the air carrier; or 

the  air  carrier  is  majority  owned  and  controlled  by  nationals  of  a  state 
other than the UAE and it can be demonstrated that by exercising traffic 
rights under this Agreement on a route that includes a point in that other 
state,  including  the  operation  of  a  service  which  is  marketed  as,  or 
otherwise  constitutes  a 
in  effect  be 
through  service, 
circumventing  restrictions  on  traffic  rights  imposed  by  a  bilateral  air 
services agreement between a Member State and that other state; or 

it  would 

the  air  carrier  is  majority  owned  and  controlled  by  nationals  of  a  state 
other  than  the  UAE  and  there  is  no  bilateral  air  services  agreement 
between a Member State and that other state, and it can be demonstrated 
that the necessary traffic rights to conduct the proposed operation are not 
reciprocally  available  to  the  air  carrier(s)  designated  by  the  concerned 
Member State. 

In exercising its right under this paragraph, and without prejudice to its rights under paragraph 
3(a)v. and vi. of this Article, the UAE shall not discriminate between Community air carriers 
on the grounds of nationality. 

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ARTICLE 3 

Safety 

1. 

2. 

1. 

2. 

1. 

2. 

3. 

The  provisions  in  paragraph  2  of  this  Article  shall  complement  the  corresponding 
provisions in the articles listed in Annex 2 (c). 

Where  a  Member  State  has  designated  an  air  carrier  whose  regulatory  control  is 
exercised and maintained by another Member State, the rights of the UAE under the 
safety provisions of the agreement between the Member State that has designated the 
air  carrier  and  the  UAE  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  in  paragraph  2  of  this  Article  shall  complement  the  corresponding 
provisions in the articles listed in Annex 2 (d). 

Notwithstanding  any  other  provision  to  the  contrary,  nothing  in  each  of  the 
agreements listed in Annex 2 (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  the  UAE  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.  In  such 
case,  the  UAE  would  have  a  similar  right to  reciprocate  without  discrimination  the 
imposition  of  similar  taxes,  levies,  duties,  fees  or  charges  on  fuel  supplied  in  its 
territory. 

ARTICLE 5 

Tariffs for carriage within the European Community 

The  provisions  in  paragraph  2  of  this  Article  shall  complement  the  corresponding 
provisions in the articles listed in Annex 2 (e). 

The  tariffs  to  be  charged  by  the  air  carrier(s)  designated  by  the  UAE  under  an 
agreement listed in Annex 1 containing a provision listed in Annex 2 (e) for carriage 
wholly  within  the  European  Community  shall  be  subject  to  European  Community 
law. 

Notwithstanding  the  provisions  in  paragraph  2  of  this  Article,  the  air  carrier(s) 
designated  by  the  UAE  shall  be  allowed  to  match  existing  prices  charged  by  other 
airlines for carriage wholly within the European Community. 

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ARTICLE 6 

Compatibility with competition rules 

1. 

Notwithstanding  any  other  provision  to  the  contrary,  nothing  in  each  of  the 
agreements  listed  in  Annex  1  shall  (i)  favour  the  adoption  of  agreements  between 
undertakings,  decisions  by  associations  of  undertakings  or  concerted  practices  that 
prevent  or  distort  competition;  (ii)  reinforce  the  effects  of  any  such  agreement, 
decision  or  concerted  practice;  or  (iii)  delegate  to  private  economic  operators  the 
responsibility for taking measures that prevent, distort or restrict competition. 

2. 

The provisions contained in the agreements listed in Annex 1 that are incompatible 
with paragraph 1 of this Article shall not be applied. 

ARTICLE 7 

Annexes to the Agreement 

The Annexes to this Agreement shall form an integral part thereof. 

ARTICLE 8 

Revision or amendment 

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

ARTICLE 9 

Entry into force and provisional application  

1. 

2. 

3. 

This  Agreement  shall  enter  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. 

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 
Contracting  Parties  have  notified  each  other  of  the  completion  of  the  procedures 
necessary for this purpose. 

Agreements and other arrangements between Member States and the UAE 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 1 (b). This Agreement shall apply to 
all  such  Agreements  and  arrangements  upon  their  entry  into  force  or  provisional 
application. 

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ARTICLE 10 

Termination 

1. 

2. 

In the event that an agreement listed in Annex 1 is terminated, all provisions of this 
Agreement that relate to the agreement listed in Annex 1 concerned shall terminate at 
the same time. 

In  the  event  that  all  agreements  listed  in  Annex  1  are  terminated,  this  Agreement 
shall terminate at the same time. 

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

Done at [….] in duplicate, on this […] day of […, …] in the Bulgarian, Czech, Danish, Dutch, 
English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, 
Maltese,  Polish,  Portuguese,  Romanian,  Slovak,  Slovene,  Spanish,  Swedish  and  Arabic 
languages. 

FOR THE EUROPEAN COMMUNITY: 

FOR THE UNITED ARAB EMIRATES: 

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ANNEX I 

List of agreements referred to in Article 1 of this Agreement 

(a) 

Air service agreements between the UAE 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 Government of the People's Republic of Bulgaria and 
the  Government  of  the  United  Arab  Emirates  for  the  purpose  of  establishing 
air services between and beyond their respective territories signed at Sofia on 29 
November 1989, hereinafter referred to “the UAE-Bulgaria Agreement” in Annex 
2; 

–  Air  Transport  Agreement  between  the  Austrian  Federal  Government  and  the 
Government  of  the  United  Arab  Emirates  signed  at  [place]  on  [date], 
hereinafter referred to “the UAE-Austria (1.) Agreement” in Annex 2; 

To  be  read  together  with  the  Confidential  Memorandum  of  Understanding  done  at 
Vienna on 14 October 1987; 

–  Air Services Agreement between the Government of the United Arab Emirates 
and  the  Austrian  Federal  Government  signed  at  [place]  on  [date],  hereinafter 
referred to “the UAE-Austria (2.) Agreement” in Annex 2; 

To be read together with the Agreed Minutes done at Abu Dhabi on 10 March 2004; 

Modified by the Memorandum of Understanding done at Vienna on 31 March 2005; 

Last modified by the Exchange of Letters dated 10 December 2006 and ? 

–  Agreement  between  the  Government  of  the  Kingdom  of  Belgium  and  the 
Government  of  the  United  Arab  Emirates  for  the  purpose  of  establishing  air 
services between and beyond their respective territories signed at Abu Dhabi on 5 
March 1990, hereinafter referred to “the UAE-Belgium Agreement” in Annex 2; 

To  be  read  together  with  the  Confidential  Memorandum  of  Understanding  done  at 
Brussels on 8 July 1986; 

Last  modified  by  the  Exchange  of  Letters  dated  30  January  2001  and  20  February 
2001. 

–  Air  Services  Agreement  between  the  Government  of  the  Republic  of  Cyprus 
and  the  Government  of  the  United  Arab  Emirates signed  at  Abu  Dhabi  on  7 
December  1999,  hereinafter  referred  to  “the  UAE-Cyprus  Agreement”  in  Annex 
2; 

To  be  read  together  with  the  Agreed  Minutes  done  at  Abu  Dhabi  on  7  December 
1999; 

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Supplemented  by  the  Memorandum  of  Understanding  done  at  Nicosia  on  23 
February 2001; 

Modified by the Memorandum of Understanding done at Dubai on 16 October 2002. 

–  Air Transport Agreement between the Government of the Czech Republic and 
the  Government  of  the  United  Arab  Emirates  signed  at  Abu  Dhabi  on  15 
December 2002, hereinafter referred to “the UAE-Czech Republic Agreement” in 
Annex 2; 

To be read together with the Agreed Minutes done at Prague on 24 November 1999. 

–  Air Services Agreement between the Government of the Kingdom of Denmark 
and  the  Government  of  the  United  Arab  Emirates  signed  at  (…)  on  (…), 
hereinafter referred to “the UAE-Denmark Agreement” in Annex 2; 

To be read together with the Memorandum of Understanding done at (…) on (…). 

–  Air  Services  Agreement  between  the  Government  of  the  Republic  of  Finland 
and  the  Government  of  the  United  Arab  Emirates  initialled  at  Helsinki  on  6 
April 2004, hereinafter referred to “the UAE-Finland Agreement” in Annex 2; 

To be read together with the Agreed Minutes done at Helsinki on 6 April 2004; 

To  be  read  together  with  the  Confidential  Memorandum  of  Understanding  done  at 
Helsinki on 6 April 2004. 

–  Agreement  between  the  Government  of  the  French  Republic  and  the 
Government of the United Arab Emirates concerning air services between and 
beyond  their  respective  territories  signed  at  Paris  on  9  September  1991, 
hereinafter referred to “the UAE-France Agreement” in Annex 2; 

Supplemented  by  the  Memorandum  of  Understanding  done  at  Abu  Dhabi  on  19 
September 2001; 

Modified  by  the  Memorandum  of  Understanding  done  at  Paris  on  16  September 
2004; 

Last  modified  by  the  Memorandum  of  Understanding  done  at  Abu  Dhabi  on  13 
December 2006. 

–  Air  Transport  Agreement  between  the  Federal  Republic  of  Germany  and  the 
United  Arab  Emirates  signed  at  Abu  Dhabi  on  2  March  1994,  hereinafter 
referred to “the UAE-Germany Agreement” in Annex 2; 

Modified by the Memorandum of Understanding done at Bonn on 15 June 2000. 

–  Agreement  between  the  Government  of  the  Hellenic  Republic  and  the 
Government  of  the  United  Arab  Emirates  for  the  purpose  of  establishing  air 
services between and beyond their respective territories signed at Abu Dhabi on 
16  December  1991,  hereinafter  referred  to  “the  UAE-Greece  Agreement”  in 
Annex 2; 

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Modified  by  the  Memorandum  of  Understanding  done  at  Athens  on  11  February 
1998. 

–  Agreement  between  the  Government  of  Ireland  and  the  Government  of  the 
United Arab Emirates on air transport signed at (…) on (…), hereinafter referred 
to “the UAE-Ireland Agreement” in Annex 2. 

–  Agreement  between  the  Government  of  the  Italian  Republic  and  the 
Government  of  the  United  Arab  Emirates  for  the  purpose  of  establishing  air 
services between and beyond their respective territories signed at Abu Dhabi on 3 
April 1991, hereinafter referred to “the UAE-Italy Agreement” in Annex 2; 

Modified by the Memorandum done at Rome on 10 September 1991; 

Modified  by  the  Memorandum  of  Understanding  done  at  Rome  on  8  November 
1999; 

Modified by the Memorandum of Understanding done at Rome on 4 June 2003; 

Modified by the Memorandum of Understanding done at Dubai on 30 March 2004; 

Last modified by the Memorandum of Understanding done at Rome on 13 December 
2005. 

–  Air  Services  Agreement  between  the  Government  of  the  Republic  of  Latvia 
and  the  Government  of  the  United  Arab  Emirates  initialled  at  Riga  on  13 
September 2005, hereinafter referred to “the UAE-Latvia Agreement” in Annex 2; 

To  be  read  together  with  the  Memorandum  of  Understanding  done  at  Riga  on  13 
September 2005. 

–  Agreement  between  the  Government  of  the  United  Arab  Emirates  and  the 
Government of the Republic of Lithuania for air services between and beyond 
their respective territories initialled at … on …, hereinafter referred to “the UAE-
Lithuania Agreement” in Annex 2. 

–  agreement between the Government of the Grand Duchy of Luxembourg and 
the  Government  of  the  United  Arab  Emirates  for  the  purpose  of  establishing 
air  services  between  and  beyond  their  respective  territories  initialled  at 
Luxembourg  on  28  November  1986,  hereinafter  referred  to  “the  UAE-
Luxembourg Agreement” in Annex 2; 

To  be  read  together  with  the  Confidential  Memorandum  of  Understanding  done  at 
Luxembourg on 28 November 1986. 

–  Agreement  between  the  Government  of  Malta  and  the  Government  of  the 
United Arab Emirates for the purpose of establishing air services between and 
beyond their respective territories initialled at Abu Dhabi on 26 November 1991, 
hereinafter referred to “the UAE-Malta Agreement” in Annex 2; 

To  be  read  together  with  the  Confidential  Memorandum  of  Understanding  done  at 
Abu Dhabi on 26 November 1991; 

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Modified  by  the  Memorandum  of  Understanding  done  at  Malta  on  24  September 
2003. 

–  Agreement between the Kingdom of the Netherlands and the Government of 
the  United  Arab  Emirates  for  the  purpose  of  establishing  air  services  between 
and  beyond  their  respective  territories  signed  at  Abu  Dhabi  on  31  July  1990, 
hereinafter referred to “the UAE-Netherlands Agreement” in Annex 2; 

Modified by the Confidential Memorandum of Understanding done at Abu Dhabi on 
10 April 2000. 

–  Agreement  between  the  Government  of  the  Republic  of  Poland  and  the 
Government  of  the  United  Arab  Emirates  for  the  purpose  of  establishing  air 
services between and beyond their respective territories signed at Abu Dhabi on 
20  November  1994,  hereinafter  referred  to  “the  UAE-Poland  Agreement”  in 
Annex 2; 

–  Air Services Agreement between the Portuguese Republic and the United Arab 
Emirates initialled at Lisbon on 18 May 2005, hereinafter referred to “the UAE-
Portugal Agreement” in Annex 2; 

To be read together with the Memorandum of Understanding done at Lisbon on 18 
May 2005. 

–  Air Services Agreement between the Republic of Slovenia and the United Arab 
Emirates  initialled  at  Ljubljana  on  16  September  2005,  hereinafter  referred  to 
“the UAE-Slovenia Agreement” in Annex 2; 

To be read together with the Memorandum of Understanding done at Ljubljana on 16 
September 2005. 

–  Air Transport Agreement between the Kingdom of Spain and the United Arab 
Emirates  initialled  at  Madrid  on  17  October  2001,  hereinafter  referred  to  “the 
UAE-Spain Agreement” in Annex 2; 

To be read together with the Memorandum of Understanding done at Madrid on 17 
October 2001. 

–  Air  Services  Agreement  between the  Government  of  the  Kingdom  of  Sweden 
and  the  Government  of  the  United  Arab  Emirates  signed  at  …  on  …, 
hereinafter referred to “the UAE-Sweden Agreement” in Annex 2. 

–  Agreement between the Government of the United Kingdom of Great Britain 
and  Northern  Ireland  and  the  Government  of  the  United  Arab  Emirates 
concerning air services signed at Abu Dhabi on 2 June 2002, hereinafter referred 
to “the UAE-United Kingdom Agreement” in Annex 2; 

Supplemented  by  the  Memorandum  of  Understanding  done  at  London  and  Abu 
Dhabi on 16 June 2003 and 29 June 2003 respectively. 

(b) 

Air service agreements and other arrangements initialled or signed between the 
UAE  and  Member  States  of  the  European  Community  which,  at  the  date  of 

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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 1 and referred to in Articles 2 to 6 of 
this Agreement 

(a) 

Designation by a Member State: 

–  Article 3, Paragraph 4, of the UAE-Austria (1) Agreement; 

–  Article 3 of the UAE-Austria (2) Agreement; 

–  Article 4, Paragraph 4 of the UAE-Belgium Agreement; 

–  Article 4, Paragraph 4 of the UAE-Bulgaria Agreement; 

–  Article 3 of the UAE-Cyprus Agreement; 

–  Article 3, Paragraph 4 of the UAE-Czech Republic Agreement; 

–  Article 3, Paragraph 4 of the UAE-Denmark Agreement; 

–  Article 3, Paragraph 2 of the UAE-Finland Agreement; 

–  Article 4, Paragraph 4 of the UAE-France Agreement; 

–  Article 3 of the UAE-Germany Agreement; 

–  Article 4, Paragraph 4 of the UAE-Greece Agreement; 

–  Article 3, Paragraph 3 of the UAE-Ireland Agreement; 

–  Article 4 of the UAE-Italy Agreement; 

–  Article 3 of the UAE-Latvia Agreement; 

–  Article 3 of the UAE-Lithuania Agreement; 

–  Article 4 of the UAE-Luxemburg Agreement; 

–  Article 3 of the UAE-Malta Agreement; 

–  Article 4 of the UAE-Netherlands Agreement; 

–  Article 3 of the UAE-Poland Agreement; 

–  Article 3 of the UAE-Portugal Agreement; 

–  Article 3 of the UAE-Slovenia Agreement; 

–  Article 3 of the UAE-Spain Agreement; 

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–  Article 3 of the UAE-Sweden Agreement; 

–  Article 4 of the UAE-United Kingdom Agreement. 

(b) 

Refusal, revocation, suspension or limitation of authorisations or permissions: 

–  Article 4, Paragraph 1, of the UAE-Austria (1) Agreement; 

–  Article 4 of the UAE-Austria (2) Agreement; 

–  Article 5, Paragraph 1 of the UAE-Belgium Agreement; 

–  Article 5, Paragraph 1 of the UAE-Bulgaria Agreement; 

–  Article 4, Paragraph 1 of the UAE-Cyprus Agreement; 

–  Article 4, Paragraph 1 of the UAE-Czech Republic Agreement; 

–  Article 4, Paragraph 1 of the UAE-Denmark Agreement; 

–  Article 4, Paragraph 1 of the UAE-Finland Agreement; 

–  Article 5, Paragraph 1 of the UAE-France Agreement; 

–  Article 4 of the UAE-Germany Agreement; 

–  Article 5, Paragraph 1 of the UAE-Greece Agreement; 

–  Article 3, Paragraph 5 of the UAE-Ireland Agreement; 

–  Article 5 of the UAE-Italy Agreement; 

–  Article 4 of the UAE-Latvia Agreement; 

–  Article 4 of the UAE-Lithuania Agreement; 

–  Article 5 of the UAE-Luxemburg Agreement; 

–  Article 4 of the UAE-Malta Agreement; 

–  Article 5 of the UAE-Netherlands Agreement; 

–  Article 4 of the UAE-Poland Agreement; 

–  Article 4 of the UAE-Portugal Agreement; 

–  Article 4 of the UAE-Slovenia Agreement; 

–  Article 4 of the UAE-Spain Agreement; 

–  Article 4 of the UAE-Sweden Agreement; 

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–  Article 5 of the UAE-United Kingdom Agreement. 

(c) 

Safety: 

–  Article 6 of the UAE-Austria (2) Agreement; 

–  Article 7 of the UAE-Czech Republic Agreement; 

–  Article 14 of the UAE-Denmark Agreement; 

–  Article 12 of the UAE-Finland Agreement; 

–  Article 6 of the UAE-Latvia Agreement; 

–  Article 9 of the UAE-Lithuania Agreement; 

–  Article 14 of the UAE-Portugal Agreement; 

–  Article 14 of the UAE-Slovenia Agreement; 

–  Article 11 of the UAE-Spain Agreement; 

–  Article 14 of the UAE-Sweden Agreement; 

–  Article 10 of the UAE-United Kingdom Agreement. 

(d) 

Taxation of aviation fuel: 

–  Article 7 of the UAE-Austria (1) Agreement; 

–  Article 9 of the UAE-Austria (2) Agreement; 

–  Article 6 of the UAE-Belgium Agreement; 

–  Article 6 of the UAE-Bulgaria Agreement; 

–  Article 6 of the UAE-Cyprus Agreement; 

–  Article 8 of the UAE-Czech Republic Agreement; 

–  Article 6 of the UAE-Denmark Agreement; 

–  Article 6 of the UAE-Finland Agreement; 

–  Article 6 of the UAE-France Agreement; 

–  Article 6 of the UAE-Germany Agreement; 

–  Article 6 of the UAE-Greece Agreement; 

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–  Article 11 of the UAE-Ireland Agreement; 

–  Article 6 of the UAE-Italy Agreement; 

–  Article 9 of the UAE-Latvia Agreement; 

–  Article 6 of the UAE-Lithuania Agreement; 

–  Article 6 of the UAE-Luxemburg Agreement; 

–  Article 5 of the UAE-Malta Agreement; 

–  Article 6 of the UAE-Poland Agreement; 

–  Article 6 of the UAE-Portugal Agreement; 

–  Article 6 of the UAE-Slovenia Agreement; 

–  Article 5 of the UAE-Spain Agreement; 

–  Article 6 of the UAE-Sweden Agreement; 

–  Article 8 of the UAE-United Kingdom Agreement. 

(e) 

Tariffs for carriage within the European Community: 

–  Article 9 of the UAE-Austria (1) Agreement; 

–  Article 12 of the UAE-Austria (2) Agreement; 

–  Article 11 of the UAE-Belgium Agreement; 

–  Article 11 of the UAE-Bulgaria Agreement; 

–  Article 13 of the UAE-Cyprus Agreement; 

–  Article 12 of the UAE-Czech Republic Agreement; 

–  Article 10 of the UAE-Denmark Agreement; 

–  Article 12 of the UAE-France Agreement; 

–  Article 10 of the UAE-Germany Agreement; 

–  Article 11 of the UAE-Greece Agreement; 

–  Article 6 of the UAE-Ireland Agreement; 

–  Article 12 of the UAE-Italy Agreement; 

–  Article 12 of the UAE-Latvia Agreement; 

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–  Article 15 of the UAE-Lithuania Agreement; 

–  Article 11 of the UAE-Luxemburg Agreement; 

–  Article 10 of the UAE-Malta Agreement; 

–  Article 6 of the UAE-Netherlands Agreement; 

–  Article 7 of the UAE-Netherlands Agreement; 

–  Article 9 of the UAE-Poland Agreement; 

–  Article 18 of the UAE-Portugal Agreement; 

–  Article 18 of the UAE-Slovenia Agreement; 

–  Article 7 of the UAE-Spain Agreement; 

–  Article 10 of the UAE-Sweden Agreement; 

–  Article 7 of the UAE-United Kingdom Agreement. 

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