Proposal for a Council Decision on the signature of the Agreement between the European Community and the Republic of Panama on certain aspects of air services
Date: 2007-03-30
Institutions: European Commission
Subjects: Panama, air transport, common transport policy, right of establishment, signature of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 30.3.2007 
COM(2007) 151 final 

2007/0057 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the signature of the Agreement between the European Community and the Republic 
of Panama on certain aspects of air services 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Community and the Republic 
of Panama 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  six  bilateral  air  services  agreements  between  Member  States  and  the  Republic  of 
Panama. 

•  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  Panama  that  replaces 
certain  provisions  in  the  existing  bilateral  air  services  agreements  between  Member 
States and the Republic of Panama. 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. Articles 4 and 5 of the Agreement 
address two types of clauses concerning matters of Community competence. 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  Republic  of  Panama  is  the  most 
efficient  instrument  to  bring  all  existing  bilateral  air  services  agreements  between 
Member States and the Republic of Panama into conformity with Community law. 

211 

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 Republic of Panama 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 
Republic  of  Panama  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 of the Agreement between the European Community and the Republic 
of Panama 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 
Republic  of  Panama  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, 

HAS DECIDED AS FOLLOWS:  

Sole Article  

1. 

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  Republic  of 
Panama on certain aspects of air services. 

2 

OJ C , , p. . 

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2. 

The text of the Agreement is annexed to this decision. 

Done at Brussels,  

For the Council 
The President 

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2007/0057 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Community and the Republic 
of Panama 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 
Panama  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 has been signed on behalf of the Community on 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:  

3 
4 
5 

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

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Article 1  

1. 

2. 

The Agreement between the  European  Community and the Republic of Panama on 
certain aspects of air services is approved on behalf of the Community. 

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 Republic of Panama 

on certain aspects of air services 

THE EUROPEAN COMMUNITY  

of the one part, and  

THE REPUBLIC OF PANAMA 

of the other part 

(hereinafter referred to as ‘the Parties’) 

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

NOTING  that  the  European  Community  has  exclusive  competence  with  respect  to  several 
aspects that may be included in bilateral air service agreements between Member States of the 
European Community and third countries, 

NOTING  that  under  European  Community  law  Community  air  carriers  established  in  a 
Member State have the right to non-discriminatory access to air routes between the Member 
States of the European Community and third countries, 

HAVING  REGARD  to  the  agreements  between  the  European  Community  and  certain  third 
countries  providing  for  the  possibility  for  the  nationals  of  such  third  countries  to  acquire 
ownership in air carriers licensed in accordance with European Community law, 

RECOGNISING  that  certain  provisions  of  the  bilateral  air  service  agreements  between 
Member States of the European Community and the Republic of Panama, which are contrary 
to European Community law, must be brought into conformity with it in order to establish a 
sound  legal  basis  for  air  services  between  the  European  Community  and  the  Republic  of 
Panama and to preserve the continuity of such air services, 

NOTING that it is not a purpose of the European Community, as part of these negotiations, to 
increase the total volume of air traffic between the European Community and the Republic of 
Panama, to affect the balance between Community air carriers and air carriers of the Republic 
of  Panama,  or  to  negotiate  amendments  to  the  provisions  of  existing  bilateral  air  service 
agreements concerning traffic rights. 

HAVE AGREED AS FOLLOWS:  

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ARTICLE 1 

General Provisions 

1. 

2. 

3. 

1. 

For the purposes of this Agreement, ‘Member States’ shall mean Member States of 
the  European  Community.  ‘LACAC  Member  States’  shall  mean  Member  States  of 
the Latin American Civil Aviation Commission. 

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, Authorisation and Revocation 

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  Member  State  concerned,  its 
authorisations and permissions granted by the Republic of Panama, and the refusal, 
revocation,  suspension  or  limitation  of  the  authorisations  or  permissions  of  the  air 
carrier,  respectively.  The  provisions  in  paragraphs  4  and  5  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  Republic  of 
Panama,  its  authorisations  and  permissions  granted  by  the  Member  State,  and  the 
refusal,  revocation,  suspension  or  limitation  of  the  authorisations  or  permissions  of 
the air carrier, respectively. 

2. 

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

i. 

ii. 

iii. 

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 in accordance with European Community law;  

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 aeronautical authority is clearly identified in the designation; 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, or 
by other states listed in Annex 3 and/or nationals of such other states. 

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3. 

The Republic of Panama may refuse, revoke, suspend or limit the authorisations or 
permissions of an air carrier designated by a Member State where: 

i. 

ii. 

iii. 

iv. 

v. 

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 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  Operators  Certificate,  or 
the  relevant  aeronautical  authority  is  not  clearly  identified  in  the  designation; 
or 

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 3 and/or nationals of such other states; or 

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

the air carrier holds an Air Operators Certificate issued by a Member State and 
there  is  no  bilateral  air  services  agreement  between  the  Republic  of  Panama 
and  that  Member  State,  and  traffic  rights  to  that  Member  State  have  been 
denied to the air carrier designated by the Republic of Panama. 

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

4. 

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

i. 

ii. 

iii. 

the air carrier is established in the Republic of Panama; and  

the  Republic  of  Panama  has  and  maintains  effective  regulatory  control  of  the 
air carrier and is responsible for issuing its Air Operators Certificate; and 

the air carrier is owned and effectively controlled directly or through majority 
ownership  by  LACAC  Member  States  and/or  nationals  of  LACAC  Member 
States.   

5. 

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

i. 

ii. 

the air carrier is not established in the Republic of Panama; or 

effective regulatory control of the air carrier is not exercised or not maintained 
by  the  Republic  of  Panama  or  the  Republic  of  Panama  is  not  responsible  for 
issuing its Air Operators Certificate; or 

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iii. 

iv. 

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

the  air  carrier  is  already  authorised  to  operate  under  a  bilateral  agreement 
between  the  Member  State  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 State, 
it  would  be  circumventing  restrictions  on  the  traffic  rights  imposed  by  that 
other agreement. 

ARTICLE 3 

Safety 

1. 

2. 

1. 

2. 

3. 

The provisions in paragraph 2 of this Article shall complement 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  Republic  of 
Panama under the safety provisions of the agreement between the Member State that 
has  designated  the  air  carrier  and  the  Republic  of  Panama  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  and  3  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 Member States 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 Republic of Panama 
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.  

Notwithstanding  any  other  provision  to  the  contrary,  nothing  in  each  of  the 
agreements  listed  in  Annex  2  (d)  shall  prevent  the  Republic  of  Panama  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 a Member 
State  that  operates  between  a  point  in  the  territory  of  the  Republic  of  Panama  and 
another point in the territory of the Republic of Panama or in the territory of another 
LACAC Member State. 

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ARTICLE 5 

Tariffs for carriage  

1. 

2. 

3. 

1. 

The  provisions  in  paragraph  2  and  3  of  this  Article  shall  complement  the  articles 
listed in Annex 2 (e).  

The tariffs to be charged by the air carrier(s) designated by the Republic of Panama 
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. European Community law is applied on a non-discriminatory basis.  

The tariffs to be charged by the air carrier(s) designated by a Member State under an 
agreement listed in Annex 1 containing a provision listed in Annex 2 (e) for carriage 
between the Republic of Panama and another LACAC Member State shall be subject 
to Panamanian law concerning price leadership and applied on a non-discriminatory 
basis.  

ARTICLE 6 

Compatibility with competition rules  

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

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ARTICLE 9 

Entry into force  

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

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,  and  Swedish  languages.  In  case  of  divergence  the  Spanish  text 
shall prevail over the other language texts.  

FOR THE EUROPEAN COMMUNITY: 

FOR THE REPUBLIC OF PANAMA: 

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ANNEX 1  

List of agreements referred to in Article 1 of this Agreement 

(a) Air service agreements between the Republic of Panama and Member States of the 
European  Community  which,  at  the  date  of  signature  of  this  Agreement,  have  been 
concluded, signed and/or are being applied provisionally 

– 

– 

– 

– 

– 

– 

Air  Transport  Agreement  between  the  Federal  Republic  of  Germany  and  the 
Republic of Panama, done at Panama City on 13 December 1999, hereinafter 
referred to as "Panama – Germany Agreement" in Annex 2. 

Agreement  between  the  Governments  of  the  Republic  of  Panama  and  the 
Kingdom of Belgium on air services, done at Panama City on 12 January 1966, 
hereinafter referred to as "Panama – Belgium Agreement" in Annex 2.  

Agreement between the Kingdom of Spain and the Republic of Panama, done 
at Panama City on 7 August 2001, hereinafter referred to as "Panama – Spain 
Agreement" in Annex 2.  

Protocol  of  the  Meeting  between  the  aeronautical  delegations  of  the 
Government  of  the  Italian  Republic  and  the  Government  of  the  Republic  of 
Panama,  done  at  Rome  on  11  November  1970,  hereinafter  referred  to  as 
"Panama – Italy Protocol" in Annex 2.  

Agreement  between  the  Republic  of  Panama  and  the  Kingdom  of  the 
Netherlands  concerning  air  services  between  and  beyond  their  respective 
territories, initialled as Annex 2 to the Memorandum of Understanding done in 
The Hague on 7 June 1995, hereinafter referred to as "Panama – Netherlands 
Agreement" in Annex 2.  

Agreement  between  the  Government  of  the  Kingdom  of  Great  Britain  and 
Northern Ireland and the Government of the Republic of Panama, initialled as 
Annex  B  to  the  Memorandum  of  Understanding  signed  in  London  on  26 
August  1997,  hereinafter  referred  to  as  "Panama  –  United  Kingdom 
Agreement" in Annex 2. 

(b)  Air  service  agreements  and  other  arrangements  initialled  or  signed  between  the 
Republic of Panama and Member States of the European Community which, at the date 
of signature of this Agreement, have not yet entered into force and are not being applied 
provisionally  

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ANNEX 2  

List of articles in the agreements listed in Annex 1 and referred to in Articles 2 
to 5 of this Agreement 

(a) 

Designation: 

– 

– 

– 

– 

Article 3 of the Panama – Germany Agreement; 

Article 3 of the Panama – Spain Agreement; 

Article 4 of the Panama – Netherlands Agreement; 

Article 4 of the Panama – United Kingdom Agreement 

(b) 

Refusal,  Revocation,  Suspension  or  Limitation  of  Authorisations  or 
Permissions: 

– 

– 

– 

– 

– 

Article 3 of the Panama – Germany Agreement; 

Article 9 of the Panama – Belgium Agreement; 

Article 4 of the Panama – Spain Agreement; 

Article 5 of the Panama – Netherlands Agreement; 

Article 5 of the Draft Panama – United Kingdom Agreement 

(c) 

Regulatory control: 

– 

– 

Article 12 of the Panama – Germany Agreement; 

Article 11 of the Panama – Spain Agreement; 

(d) 

Taxation of Aviation Fuel: 

– 

– 

– 

– 

– 

Article 6 of the Panama – Germany Agreement; 

Article 7 of the Panama – Belgium Agreement; 

Article 5 of the Panama – Spain Agreement; 

Article 10 of the Panama – Netherlands Agreement; 

Article 8 of the Panama – United Kingdom Agreement 

(e) 

Tariffs for Carriage: 

– 

– 

– 

Article 10 of the Panama – Germany Agreement; 

Article 5 of the Panama – Belgium Agreement; 

Article 7 of the Panama – Spain Agreement; 

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– 

– 

Article 6 of the Panama – Netherlands Agreement; 

Article 7 of the Panama – United Kingdom Agreement 

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ANNEX 3  

List of other states referred to in Article 2 of this Agreement 

(a) 

(b) 

(c) 

(d) 

The Republic of Iceland (under the Agreement on the European Economic Area); 

The Principality of Liechtenstein (under the Agreement on the European Economic 
Area); 

The Kingdom of Norway (under the Agreement on the European Economic Area); 

The Swiss Confederation (under the Agreement between the European Community 
and the Swiss Confederation on Air Transport) 

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