Proposal for a Council Decision on the signature and provisional application of the Agreement between the European Community and the Hashemite Kingdom of Jordan on certain aspects of air services
Date: 2007-04-26
Institutions: European Commission
Subjects: European Community, Jordan, air transport, ratification of an agreement, transport licence, transport regulations

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 26.4.2007 
COM(2007) 219 final 

2007/0074 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the signature and provisional application of the Agreement between the European 
Community and the Hashemite Kingdom of Jordan on certain aspects of air services 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Community and the 
Hashemite Kingdom of Jordan 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  21  bilateral  air  services  agreements  between  Member  States  and  the  Hashemite 
Kingdom of Jordan. 

•  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  Jordan  that  replaces 
certain  provisions  in  the  existing  bilateral  air  services  agreements  between  Member 
States and the Hashemite Kingdom of Jordan. 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 

211 

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 

342 

The Agreement between the Community and the Hashemite Kingdom of Jordan is the 
most efficient instrument to bring all existing bilateral air services agreements between 

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409 

510 

511 

512 

570 

Member  States  and  the  Hashemite  Kingdom  of  Jordan  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  Hashemite  Kingdom  of  Jordan  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 
Hashemite  Kingdom  of  Jordan  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 Hashemite Kingdom of Jordan 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 
Hashemite Kingdom of Jordan 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. 

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  Hashemite 
Kingdom of Jordan on certain aspects of air services. 

2 

OJ C , , p. . 

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2. 

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 
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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2007/0074 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Community and the 
Hashemite Kingdom of Jordan 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) 

(3) 

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 
Hashemite Kingdom of Jordan 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; 

The Agreement was 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:  

Article 1  

The  Agreement  between  the  European  Community  and  the  Hashemite  Kingdom  of 
Jordan on certain aspects of air services is approved on behalf of the Community. 

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

1. 

3 
4 
5 

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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 Hashemite Kingdom of Jordan  

on certain aspects of air services 

THE EUROPEAN COMMUNITY  

of the one part, and  

THE HASHEMITE KINGDOM OF JORDAN  

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

NOTING  that  under  European  Community  law  air  carriers  may  not,  in  principle,  conclude 
agreements which may affect trade between Member States of the European Community and 
which have as their object or effect the prevention, restriction or distortion of competition, 

RECOGNISING  that  provisions  in  bilateral  air  service  agreements  concluded  between 
Member States of the European Community and the Hashemite Kingdom of Jordan which i) 
require or favour the adoption of agreements between undertakings, decisions by associations 
of undertakings or concerted practices that prevent, distort or restrict competition between air 
carriers on the relevant routes; or ii) reinforce the effects of any such agreement, decision or 
concerted  practice;  or  iii)  delegate  to  air  carriers  or  other  private  economic  operators  the 

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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 these negotiations, to 
increase the total volume of air traffic between the European Community and the Hashemite 
Kingdom of Jordan, to affect the balance between Community air carriers and air carriers of 
the Hashemite Kingdom of Jordan, or to negotiate amendments to the provisions of existing 
bilateral air service agreements concerning traffic rights. 

HAVE AGREED AS FOLLOWS:  

ARTICLE 1 

General Provisions 

1. 

2. 

3. 

4. 

1. 

2. 

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  shall  continue  to  be  carried  out  through  bilateral 
arrangements between the Hashemite Kingdom of Jordan and Member States. 

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  Hashemite  Kingdom  of  Jordan,  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 Hashemite Kingdom  of Jordan 
shall grant the appropriate authorisations and permissions with minimum procedural 
delay, provided that: 

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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 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  Hashemite  Kingdom  of  Jordan  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, 
and/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 Hashemite Kingdom of Jordan and another Member State and 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 the bilateral agreement between the Hashemite Kingdom of Jordan 
and that other Member State; or 

the  air  carrier  designated  holds  an  Air  Operators  Certificate  issued  by  a 
Member  State  and  there  is  no  bilateral  air  services  agreement  between  the 
Hashemite Kingdom of Jordan and that Member State and that Member State 
has  denied  traffic  rights  to  the  air  carrier  designated  by  the  Hashemite 
Kingdom of Jordan. 

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

ARTICLE 3 

Rights with regard to regulatory control 

1. 

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

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2. 

1. 

2. 

1. 

2. 

1. 

Where  a  Member  State  has  designated  an  air  carrier  whose  regulatory  control  is 
exercised  and  maintained  by  another  Member  State,  the  rights  of  the  Hashemite 
Kingdom  of  Jordan  under  the  safety  provisions  of  the  agreement  between  the 
Member  State  that  has  designated  the  air  carrier  and  the  Hashemite  Kingdom  of 
Jordan  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 taxes, 
levies, duties, fees or charges on fuel supplied in its territory for use in an aircraft of 
a designated air carrier of the Hashemite Kingdom of Jordan 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 articles listed in 
Annex 2 (e).  

The tariffs to be charged by the air carrier(s) designated by the Hashemite Kingdom 
of  Jordan  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.  

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  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.. 

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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  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. 

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. 

Agreements  and  other  arrangements  between  Member  States  and  the  Hashemite 
Kingdom of Jordan 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. 

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  and  Arabic 
languages. 

FOR THE EUROPEAN COMMUNITY: 

FOR THE HASHEMITE KINGDOM OF JORDAN: 

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Annex 1 

List of agreements referred to in Article 1 of this Agreement 

(a) 

Air  service  agreements  between  the  Hashemite  Kingdom  of  Jordan  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 Austrian Federal Government and 
the Government of the Hashemite Kingdom of Jordan signed at Vienna on 
16  June  1976,  hereinafter  referred  to  as  “Jordan  –  Austria  Agreement”  in 
Annex 2; 

Amended by the Exchange of Notes dated 23 May and 8 July 1993; 

Supplemented by the Confidential Memorandum of Understanding done at Amman 
on 29 October 1997. 

– 

Agreement between the Government of the Kingdom of Belgium and the 
Government of the Hashemite Kingdom of Jordan for the establishment of 
scheduled  air  services  between  and  beyond  their  respective  territories, 
signed  at  Amman  on  19  October  1960,  hereinafter  referred  to  as  “Jordan  – 
Belgium Agreement” in Annex 2; 

Supplemented by the Confidential Memorandum of Understanding done at Amman 
on 15 September 1994. 

– 

– 

– 

– 

Agreement between the Government of the Republic of Bulgaria and the 
Government of the Hashemite Kingdom of Jordan for air services between 
and beyond their respective territories, signed at Sofia on 25 August 2001, 
hereinafter referred to as "Jordan – Bulgaria Agreement" in Annex 2. 

Agreement between the Republic of Cyprus and the Hashemite Kingdom 
of Jordan on commercial scheduled air transport, signed at Amman on 23 
April 1967, hereinafter referred to as “Jordan – Cyprus Agreement” in Annex 
2. 

Agreement  between  the  Government  of  the  Czech  Republic  and  the 
Government  of  the  Hashemite  Kingdom  of  Jordan  concerning  Air 
Services,  signed  at  Amman  on  20  September  1997,  hereinafter  referred  to  as 
“Jordan – Czech Republic Agreement” in Annex 2. 

Agreement between the Government of the Kingdom of Denmark and the 
Government of the Hashemite Kingdom of Jordan for the establishment of 
scheduled  air  services  between  and  beyond  their  respective  territories, 
signed  at  Amman  on  7  December  1961,  hereinafter  referred  to  as  “Jordan  – 
Denmark Agreement” in Annex 2. 

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– 

– 

Agreement  between  the  Government  of  the  Republic  of  Finland  and  the 
Government of the Hashemite Kingdom of Jordan for air services between 
their  respective  territories,  signed  at  Helsinki  on  11  April  1978,  hereinafter 
referred to as “Jordan – Finland Agreement” in Annex 2. 

Agreement between the French Republic and the Hashemite Kingdom of 
Jordan  relating  to  Air  Services,  signed  at  Amman  on  30  April  1966, 
hereinafter referred to as “Jordan – France Agreement” in Annex 2; 

Supplemented by the Memorandum of Understanding done at Paris on 16 November 
2000. 

– 

– 

– 

– 

Air Transport Agreement between the Federal Republic of Germany and 
the Hashemite Kingdom of  Jordan, signed at Bonn on 29 January 1970, as 
amended, hereinafter referred to as “Jordan – Germany Agreement” in Annex 
2. 

Agreement  between  the  Government  of  the  Kingdom  of  Greece  and  the 
Government  of  the  Hashemite  Kingdom  of  Jordan  on  commercial 
scheduled  Air  Services,  signed  at  Athens  on  17  April  1967,  hereinafter 
referred to as “Jordan – Greece Agreement” in Annex 2. 

Agreement  between  the  Government  of  Ireland  and  the  Government  of 
the Hashemite Kingdom of Jordan on Air Transport, initialled on 19 March 
1998, hereinafter referred to as “Jordan – Ireland Agreement” in Annex 2. 

Agreement  between  the  Government  of  the  Republic  of  Italy  and  the 
Government  of  the  Hashemite  Kingdom  of  Jordan  for  the  establishment 
and operation of scheduled air services, signed at Rome on 28 March 1980, 
hereinafter referred to as “Jordan – Italy Agreement” in Annex 2; 

To be read together with the Confidential Memorandum of Understanding of 25 June 
1978; 

Amended by the Exchange of Notes dated 12 July and 11 September 1996. 

– 

– 

– 

Agreement between the Government of the Grand Duchy of Luxembourg 
and  the  Government  of  the  Hashemite  Kingdom  of  Jordan  for  the 
establishment  and  operation  of  scheduled  Air  Services  between  and 
beyond  their  respective  Territories,  signed  at  Amman  on  9  April  1962, 
hereinafter referred to as “Jordan – Luxembourg Agreement” in Annex 2. 

Draft Agreement between the Government of Malta and the Government 
of the Hashemite Kingdom of Jordan for air services between and beyond 
their respective territories, initialled and attached, in the form of Attachment 
C,  to  the  Memorandum  of  Understanding  done  at  Amman  on  28  September 
1999, hereinafter referred to as “Draft Jordan – Malta Agreement” in Annex 2. 

Agreement  between  the  Government  of  the  Kingdom  of  the  Netherlands 
and  the  Government  of  the  Hashemite  Kingdom  of  Jordan  for  the 
establishment and operation of scheduled air services between and beyond 

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– 

– 

– 

– 

– 

– 

– 

their respective territories, signed at Amman on 24 August 1961, hereinafter 
referred to as “Jordan – Netherlands Agreement” in Annex 2. 

Agreement  between  the  Government  of  the  Republic  of  Poland  and  the 
Government  of  the  Hashemite  Kingdom  of  Jordan  concerning  Air 
Services  signed  at  Amman  on  22  November  1993,  hereinafter  referred  to  as 
“Jordan – Poland Agreement” in Annex 2. 

Air  Transport  Agreement  between  the  Government  of  Portugal  and  the 
Government of the Hashemite Kingdom of Jordan, initialled and attached to 
the  Memorandum  of  Understanding  signed  at  Lisbon  on  29  January  1982, 
hereinafter referred to as “Draft Jordan – Portugal Agreement” in Annex 2. 

Agreement between the Government of the Socialist Republic of Romania 
and the Government of the Hashemite Kingdom of Jordan relating to civil 
air transport, signed at Bucharest on 17 September 1975, hereinafter referred 
to as "Jordan – Romania Agreement" in Annex 2. 

Air  Transport  Agreement  between  the  Government  of  the  Kingdom  of 
Spain and the Government of the Hashemite Kingdom of Jordan, signed at 
Madrid  on  18  May  1977,  hereinafter  referred  to  as  “Jordan  –  Spain 
Agreement” in Annex 2. 

Agreement  between  the  Government  of  the  Kingdom  of  Sweden  and  the 
Government of the Hashemite Kingdom of Jordan for the establishment of 
scheduled  air  services  between  and  beyond  their  respective  territories, 
signed  at  Amman  on  9  January  1961,  hereinafter  referred  to  as  “Jordan  – 
Sweden Agreement” in Annex 2. 

Agreement  between  the  Government  of  the  United  Kingdom  of  Great 
Britain  and  Northern  Ireland  and  the  Government  of  the  Hashemite 
Kingdom  of  Jordan  for  air  services  between  and  beyond  their  respective 
territories,  signed  at  Amman  on  9  August  1969,  hereinafter  referred  to  as 
“Jordan – UK Agreement” in Annex 2. 

Draft  Agreement  between  the  Government  of  the  United  Kingdom  of 
Great Britain and Northern Ireland and the Government of the Hashemite 
Kingdom of Jordan  concerning Air  Services, initialled and attached, in  the 
form of Annex B, to the Memorandum of Understanding done at Amman on 13 
July 1995, hereinafter referred to as “Draft Revised Jordan – UK Agreement” 
in Annex 2. 

(b) 

Air  service  agreements  and  other  arrangements  initialled  or  signed  between 
Jordan  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 

[intentionally left blank] 

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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 by a Member State: 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

Article 3 of the Jordan – Austria Agreement; 

Article 2 of the Jordan – Belgium Agreement; 

Article 3 of the Jordan – Bulgaria Agreement; 

Article 3 of the Jordan – Cyprus Agreement; 

Article 3 of the Jordan – Czech Republic Agreement; 

Article 2 of the Jordan – Denmark Agreement; 

Article 3 of the Jordan – Finland Agreement; 

Article 3 of the Jordan – Germany Agreement; 

Article 3 of the Jordan – Greece Agreement; 

Article 3 of the Draft Jordan – Ireland Agreement; 

Article 3 of the Jordan – Italy Agreement; 

Article 3 of the Draft Jordan – Malta Agreement; 

Article 2 of the Jordan – Netherlands Agreement; 

Article 3 of the Jordan – Poland Agreement; 

Article 3 of the Draft Jordan – Portugal Agreement; 

Article 3 of the Jordan – Romania Agreement; 

Article 3 of the Jordan – Spain Agreement; 

Article 2 of the Jordan – Sweden Agreement; 

Article 3 of the Jordan – UK Agreement; 

Article 4 of the Draft Revised Jordan – UK Agreement. 

(b) 

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

– 

– 

– 

– 

– 

– 

– 

– 

Article 4 of the Jordan – Austria Agreement; 

Article 5 of the Jordan – Belgium Agreement; 

Article 3 of the Jordan – Bulgaria Agreement; 

Article 6 of the Jordan – Cyprus Agreement; 

Article 3 of the Jordan – Czech Republic Agreement; 

Article 3 of the Jordan – Denmark Agreement; 

Article 3 and 4 of the Jordan – Finland Agreement; 

Article 6 of the Jordan – France Agreement; 

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– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

Article 4 of the Jordan – Germany Agreement; 

Article 6 of the Jordan – Greece Agreement; 

Article 3 of the Draft Jordan – Ireland Agreement; 

Article 3 of the Jordan – Italy Agreement; 

Article 5 of the Jordan – Luxembourg Agreement; 

Article 4 of the Draft Jordan – Malta Agreement; 

Article 5 of the Jordan – Netherlands Agreement; 

Article 3 of the Jordan – Poland Agreement; 

Article 3 and 4 of the Draft Jordan – Portugal Agreement; 

Article 4 of the Jordan – Romania Agreement; 

Article 4 of the Jordan – Spain Agreement; 

Article 3 of the Jordan – Sweden Agreement; 

Article 4 of the Jordan – UK Agreement; 

Article 5 of the Draft Revised Jordan – UK Agreement. 

(c) 

Regulatory control: 

– 

– 

Article 10a of the Jordan – Germany Agreement; 

Article 7 of the Draft Jordan – Malta Agreement. 

(d) 

Taxation of Aviation Fuel: 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

Article 8 of the Jordan – Austria Agreement; 

Article 3 of the Jordan – Belgium Agreement; 

Article 9 of the Jordan – Bulgaria Agreement; 

Article 7 of the Jordan – Cyprus Agreement; 

Article 8 of the Jordan – Czech Republic Agreement; 

Article 4 of the Jordan – Denmark Agreement; 

Article 5 of the Jordan – Finland Agreement; 

Article 3 of the Jordan – France Agreement; 

Article 6 of the Jordan – Germany Agreement; 

Article 7 of the Jordan – Greece Agreement; 

Article 13 of the Draft Jordan – Ireland Agreement; 

Article 5 of the Jordan – Italy Agreement; 

Article 3 of the Jordan – Luxembourg Agreement; 

Article 5 of the Draft Jordan – Malta Agreement; 

Article 3 of the Jordan – Netherlands Agreement; 

Article 8 of the Jordan – Poland Agreement; 

Article 6 of the Draft Jordan – Portugal Agreement; 

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– 

– 

– 

– 

– 

Article 8 of the Jordan – Romania Agreement; 

Article 5 of the Jordan – Spain Agreement; 

Article 4 of the Jordan – Sweden Agreement; 

Article 5 of the Jordan – UK Agreement; 

Article 8 of the Draft Revised Jordan – UK Agreement. 

(e) 

Tariffs for Carriage within the European Community: 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

Article 10 of the Jordan – Austria Agreement; 

Article 6 of the Jordan – Belgium Agreement; 

Article 11 of the Jordan – Bulgaria Agreement; 

Article 10 of the Jordan – Cyprus Agreement; 

Article 10 of the Jordan – Czech Republic Agreement; 

Article 7 of the Jordan – Denmark Agreement; 

Article 8 of the Jordan – Finland Agreement; 

Article 16 of the Jordan – France Agreement; 

Article 9 of the Jordan – Germany Agreement; 

Article 9 of the Jordan – Greece Agreement; 

Article 7 of the Draft Jordan – Ireland Agreement; 

Article 8 of the Jordan – Italy Agreement; 

Article 6 of the Jordan – Luxembourg Agreement; 

Article 10 of the Draft Jordan – Malta Agreement; 

Article 6 of the Jordan – Netherlands Agreement; 

Article 10 of the Jordan – Poland Agreement; 

Article 9 of the Draft Jordan – Portugal Agreement; 

Article 7 of the Jordan – Romania Agreement; 

Article 11 of the Jordan – Spain Agreement; 

Article 7 of the Jordan – Sweden Agreement; 

Article 8 of the Jordan – UK Agreement; 

Article 7 of the Draft Revised Jordan – UK 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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Issues to be included in possible future comprehensive Euro-Mediterranean Aviation 
negotiations between the EU and Jordan 

Annex B 

Main objectives: 

– 

– 

– 

Economic liberalisation 

Regulatory cooperation 

Technical assistance 

•  Market access 

Liberalisation of market access; no frequency or capacity limits; applicable to scheduled and 
non-scheduled passenger and freight transport 

•  Ownership and control 

Possibility of reciprocal investment opportunities 

•  Pricing 

Prices  to  be  freely  set  by  the  market,  subject  to  competition  rules  and  price  leadership 
restrictions 

•  Competition 

Application of competition rules, avoid distortions of competition (government subsidies) 

•  Commercial Opportunities 

Freedom of establishment; ground-handling; etc 

•  Aviation Safety 

High standards of aviation safety and close cooperation 

•  Aviation Security 

High standards of aviation security and close cooperation 

•  Air Traffic Management 

Participation in Single European Sky 

•  Environmental Protection 

High standards of environmental protection 

•  Consumer Protection 

•  CRS 

•  Technical Assistance  

EN 

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   EN