Proposal for a Council Decision on the signature and provisional application of the Agreement between the European Community and the Kyrgyz Republic on certain aspects of air services
Date: 2007-04-17
Institutions: European Commission
Subjects: European Community, Kyrgyzstan, air transport, signature of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 17.4.2007 
COM(2007) 189 final 

2007/0065 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the signature and provisional application of the Agreement between the European 
Community and the Kyrgyz Republic on certain aspects of air services 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Community and the Kyrgyz 
Republic 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. 

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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  Kyrgyz 
Republic. 

•  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 Kyrgyz Republic that 
replaces  certain  provisions  in  the  existing  bilateral  air  services  agreements  between 
Member  States  and  the  Kyrgyz  Republic.  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 
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. 

two 

•  Legal basis 

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

•  Subsidiarity principle 

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212 

305 

310 

329 

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 

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The Agreement between the Community and the Kyrgyz Republic is the most efficient 
instrument  to  bring  all  existing  bilateral  air  services  agreements  between  Member 

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409 

510 

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512 

570 

States and the Kyrgyz Republic into conformity with Community law. 

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  Kyrgyz  Republic  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 
Kyrgyz  Republic  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 Kyrgyz Republic 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 Article 300 (2), first sentence of the first subparagraph thereof, 

Having regard to the proposal from the Commission2, 

Whereas: 

(1) 

(2) 

The Council has 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; 

The  Commission  has  negotiated  on  behalf  of  the  Community  an  agreement  with  the 
Kyrgyz Republic on certain aspects of air services in accordance with the mechanisms 
and directives in the Annex to the Council’s 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. 

The  President  of  the  Council  is  hereby  authorised  to  designate  the  person(s) 
empowered  to  sign  on  behalf  of  the  Community  the  Agreement  between  the 
European  Community  and  the  Kyrgyz  Republic  on  certain  aspects  of  air  services, 
subject to its subsequent conclusion at a later date. 

Pending its entry into force, the Community shall apply provisionally the Agreement 
from the day of the signature by the parties. The President of the Council is hereby 
authorised to make the notification provided for in Article 9.2 of the agreement. 

3. 

The text of the agreement is annexed to this Decision. 

2 

OJ C , , p. . 

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Done at Brussels,  

For the Council 
The President 

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2007/0065 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Community and the Kyrgyz 
Republic 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,  paragraph  2,  in  conjunction  with  Article  300,  paragraph  2,  first  sentence  of  the  first 
subparagraph thereof and Article 300, paragraph 3, first subparagraph, 

Having regard to the proposal from the Commission3, 

Having regard to the opinion of the European Parliament4, 

Whereas: 

(1) 

(2) 

(3) 

The Council has 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; 

The  Commission  has  negotiated  on  behalf  of  the  Community  an  agreement  with  the 
Kyrgyz Republic on certain aspects of air services in accordance with the mechanisms 
and directives in the Annex to the Council’s decision authorising the Commission to 
open  negotiations  with  third  countries  on  the  replacement  of  certain  provisions  in 
existing bilateral agreements with a Community agreement; 

This  agreement  has  been  signed  on  behalf  of  the  Community  on  […]  subject  to  its 
possible conclusion at a later date, in conformity with Council Decision …/…/EC of 
[…]5  

(4) 

This agreement should be approved. 

HAS DECIDED AS FOLLOWS:  

Article 1 

The  Agreement  between  the  European  Community  and  the  Kyrgyz  Republic  on 

1. 
certain aspects of air services is approved on behalf of the Community. 

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

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2. 

The text of the Agreement is annexed to this Decision. 

Article 2 

The  President  of  the  Council  is  hereby  authorised  to  designate  the  person(s)  empowered  to 
make the notification provided for 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 Government of the Kyrgyz Republic 

on certain aspects of air services 

THE EUROPEAN COMMUNITY  

of the one part, and  

THE GOVERNMENT OF THE KYRGYZ REPUBLIC 

of the other part 

(hereinafter referred to as ‘the Parties’) 

NOTING that bilateral air service agreements have been concluded between several Member States 
of  the  European  Community  and  the  Kyrgyz  Republic  containing  provisions  contrary  to 
Community law. 

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

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

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

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

RECOGNISING  that  provisions  in  bilateral  air  service  agreements  concluded  between  Member 
States of the European Community and the Kyrgyz Republic which i) require or favour the adoption 
of  agreements  between  undertakings,  decisions  by  associations  of  undertakings  or  concerted 
practices that prevent, distort or restrict competition between air carriers in 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 in the relevant routes may render ineffective the 
competition rules applicable to undertakings. 

HAVE AGREED AS FOLLOWS:  

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1. 

2. 

3. 

4. 

1. 

2. 

ARTICLE 1 
General provisions 

For  the  purposes  of  this  Agreement,  ‘Member  States’  shall  mean  Member  States  of  the 
European Community.  

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. 

The granting of traffic rights continues to be carried out through already existing or future 
bilateral arrangements. 

ARTICLE 2 
Designation by a Member State 

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  Kyrgyz  Republic,  and  the  refusal,  revocation,  suspension  or 
limitation of the authorisations or permissions of the air carrier, respectively. 

On  receipt  of  a  designation  by  a  Member  State,  the  Kyrgyz  Republic  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 Operator’s 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,  and/or  by  other 
states listed in Annex 3 and/or nationals of such other states. 

3. 

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

i. 

ii. 

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; 

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 

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iii. 

the  air  carrier  is  not  owned,  directly  or  through  majority  ownership,  or  it  is  not 
effectively  controlled  by  Member  States  and/or  nationals  of  Member  States,  and/or 
by other states listed in Annex 3 and/or nationals of such other states. 

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

ARTICLE 3 
Safety 

1. 

2. 

1. 

2. 

1. 

2. 

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  Kyrgyz  Republic  under  the 
safety provisions  of  the agreement between the Member State that  has designated the air 
carrier and the Kyrgyz Republic 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 Kyrgyz Republic 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. 

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 Kyrgyz Republic 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.  

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

ARTICLE 9 
Entry into force and provisional application  

This Agreement shall enter into force when the 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 Parties agree to provisionally apply this Agreement from 
the first day of the month following the date on which the Parties have notified each other 
of the completion of the procedures necessary for this purpose. 

This  Agreement  shall  apply  to  all  Agreements  and  other  arrangements  between  Member 
States  and  the  Kyrgyz  Republic  listed  in  Annex  1  which,  at  the  date  of  signature  of  this 
Agreement,  have  not  yet  entered  into  force,  upon  their  entry  into  force  or  provisional 
application. 

ARTICLE 10 
Termination 

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.  

1. 

2. 

3. 

1. 

2. 

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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,  Russian  and  Kyrgyz 
languages.  

FOR THE EUROPEAN COMMUNITY: 
REPUBLIC: 

FOR  THE  GOVERNMENT  OF  THE  KYRGYZ 

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Annex 1  

List of agreements referred to in Article 1 of this Agreement 

Air  service  agreements  between  the  Kyrgyz  Republic  and  Member  States  of  the  European 
Community  which,  at  the  date  of  signature  of  this  Agreement,  have  been  concluded,  signed 
and/or initialled 

–  Air Transport Agreement between the Austrian Federal Government and the Government of 
the Kyrgyz Republic, done at Vienna on 17 March 1998, hereinafter referred to “Kyrgyzstan – 
Austria Agreement” in Annex 2;  

–  Air  Services  Agreement  between  the  Government  of  the  Czech  Republic  and  the 
Government of the Kyrgyz Republic, done at Prague on 29 April 2004, hereinafter referred to 
“Kyrgyzstan – Czech Republic Agreement” in Annex 2; 

–  Air Transport Agreement between the Government of the Federal Republic of Germany and 
the  Government  of  the  Kyrgyz  Republic,  done  at  Bishkek  on  13  May  1997,  hereinafter 
referred to “Kyrgyzstan – Germany Agreement” in Annex 2; 

–  Air  Services  Agreement  between  the  Government  of  the  Kyrgyz  Republic  and  the 
Government of the Hellenic Republic, initialled at Bishkek on 10 September 2004, hereinafter 
referred to “Kyrgyzstan – Greece Agreement” in Annex 2; 

–  Air  Services  Agreement  between  the  Government  of  the  Kyrgyz  Republic  and  the 
Government of the Slovak Republic, initialled at Bishkek on 27 September 2006, hereinafter 
referred to “Kyrgyzstan – Slovak Agreement” in Annex 2; 

–  Agreement between the Government of the United Kingdom of Great Britain and Northern 
Ireland and the Government of the Kyrgyz Republic concerning air services, done at London 
on  8  December  1994,  hereinafter  referred  to  “Kyrgyzstan  –  United  Kingdom  Agreement”  in 
Annex 2; 

Last  modified  by  Memorandum  of  Understanding  between  Civil  Aviation  Authorities  of  the  two 
countries  done  at  London  on  2  September  2003,  hereinafter  referred  to  “Kyrgyzstan  –  United 
Kingdom MOU”; 

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

Annex 2 

a) Designation by a Member State: 

–  Article 3, paragraph 5 of the Kyrgyzstan – Austria Agreement; 

–  Article 3, paragraph 4 of the Kyrgyzstan – Czech Republic Agreement; 

–  Article 3, paragraph 4 of the Kyrgyzstan – Germany Agreement; 

–  Article 3, paragraph 2 (a) of the Kyrgyzstan – Greece Agreement;  

–  Article  4,  paragraph  4  of  the  Kyrgyzstan  –  United  Kingdom  Agreement  and  annex  B,  article 

4(a), of the Kyrgyzstan – United Kingdom MOU; 

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

–  Article 4, paragraph 1(a) of the Kyrgyzstan – Austria Agreement; 

–  Article 4, paragraph 1 (b) of the Kyrgyzstan – Czech Republic Agreement; 

–  Article 4, paragraph 1(a) of the Kyrgyzstan – Greece Agreement;  

–  Article 5, paragraph 1(a) of the Kyrgyzstan – United Kingdom Agreement and annex B, article 5 

(1) a), of the Kyrgyzstan – United Kingdom MOU; 

(c) Safety: 

–  Article 6 of the Kyrgyzstan – Austria Agreement; 

–  Article 7 of the Kyrgyzstan – Czech Republic Agreement; 

–  Article 12 of the Kyrgyzstan – Germany Agreement; 

–  Article 8 of the Kyrgyzstan – Greece Agreement; 

–  Annex B, article 13 bis of the Kyrgyzstan – United Kingdom MOU; 

(d) Taxation of aviation fuel: 

–  Article 7 of the Kyrgyzstan – Austria Agreement; 

–  Article 8 of the Kyrgyzstan – Czech Republic Agreement; 

–  Article 6 of the Kyrgyzstan – Germany Agreement; 

–  Article 9 of the Kyrgyzstan – Greece Agreement; 

–  Article 9 of the Kyrgyzstan – Slovak Agreement; 

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–  Article 8 of the Kyrgyzstan – United Kingdom Agreement; 

(e) Tariffs for carriage within the European Community: 

–  Article 11 of the Kyrgyzstan – Austria Agreement; 

–  Article 12 of the Kyrgyzstan – Czech Republic Agreement; 

–  Article 10 of the Kyrgyzstan – Germany Agreement; 

–  Article 13 of the Kyrgyzstan – Greece Agreement; 

–  Article  7  of  the  Kyrgyzstan  –  United  Kingdom  Agreement;  and  annex  B,  article  7  of  the 

Kyrgyzstan – United Kingdom MOU;  

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Annex 3 

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

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

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

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

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

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