Proposal for a Council Decision on the conclusion of the Agreement between the European Community and the Socialist Republic of Viet Nam on certain aspects of air services
Date: 2007-04-26
Institutions: European Commission
Subjects: European Community, Viet Nam, air transport, ratification of an agreement, transport licence, transport regulations

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 26.4.2007 
COM(2007) 221 final 

2007/0082 (CNS) 

Proposal for a 

COUNCIL DECISION 

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

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Community and the Socialist 
Republic of Viet Nam on certain aspects of air services 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
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  Socialist 
Republic of Viet Nam. 

•  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) 

EN 

2 

   EN 

 
                                                 
211 

212 

305 

310 

329 

342 

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 Socialist Republic of 
Viet  Nam  that  replaces  certain  provisions  in  the  existing  bilateral  air  services 
agreements between Member States and the Socialist Republic of Viet Nam. Article 2 
of  the  Agreement  replaces  the  traditional  designation  clauses  with  a  Community 
designation  clause,  permitting  all  Community  carriers  to  benefit  from  the  right  of 
establishment.  Article  4  (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 5 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 Socialist Republic of Viet Nam is the 
most efficient instrument to bring all existing bilateral air services agreements between 
Member  States  and  the  Socialist  Republic  of  Viet  Nam  into  conformity  with 
Community law. 

4)  BUDGETARY IMPLICATION 

EN 

3 

   EN 

 
 
 
 
409 

510 

511 

512 

570 

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  Socialist  Republic  of  Viet  Nam  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 
Socialist Republic of Viet Nam on certain aspects of air services and to designate the 
persons authorised to sign the Agreement on behalf of the Community.  

EN 

4 

   EN 

 
 
 
Proposal for a 

COUNCIL DECISION 

on the signature and provisional application of the Agreement between the European 
Community and the Socialist Republic of Viet Nam 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 
Socialist Republic of Viet Nam on certain aspects of air services in accordance with 
the  mechanisms  and  directives  in  the  Annex  to  the  Council  Decision authorising  the 
Commission  to  open  negotiations  with  third  countries  on  the  replacement  of  certain 
provisions in existing bilateral agreements with a Community agreement. 

(3) 

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

HAS DECIDED AS FOLLOWS:  

Sole Article  

1. 

2. 

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 Socialist Republic of Viet Nam on certain aspects of 
air services subject to its conclusion at a later date. 

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 for in Article 
8(2) of the Agreement. 

2 

OJ C , , p. . 

EN 

5 

   EN 

 
                                                 
3. 

The text of the Agreement is attached to this Decision. 

Done at Brussels,  

For the Council 
The President 

EN 

6 

   EN 

 
 
 
 
2007/0082 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Community and the Socialist 
Republic of Viet Nam on certain aspects of air services 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission3, 

Having regard to the opinion of the European Parliament4, 

Whereas: 

(1) 

(2) 

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

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

(3) 

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

(4) 

The Agreement should be approved, 

HAS DECIDED AS FOLLOWS:  

Article 1  

The Agreement between the European Community and the Socialist Republic of Viet 
Nam  on  certain  aspects  of  air  services  is  hereby  approved  on  behalf  of  the 
Community. 

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

1. 

3 
4 
5 

EN 

7 

   EN 

 
                                                 
2. 

The text of the Agreement is attached 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 8(1) of the Agreement. 

Done at Brussels,  

For the Council 
The President 

EN 

8 

   EN 

 
 
 
 
ANNEX  

AGREEMENT 

between the European Community and the Socialist Republic of Viet Nam 

on certain aspects of air services 

THE EUROPEAN COMMUNITY  

of the one part, and  

THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM 

of the other part 

(hereinafter referred to as ‘the Parties’) 

NOTING  that  bilateral  air  service  agreements  have  been  concluded  between  seventeen 
Member  States  of  the  European  Community  and  the  Socialist  Republic  of  Viet  Nam 
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 Socialist Republic of Viet Nam, 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 
Socialist Republic of Viet Nam 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 Socialist Republic of Viet Nam 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 

EN 

9 

   EN 

 
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  Socialist 
Republic of Viet Nam, to affect the balance between Community air carriers and air carriers 
of  the  Socialist  Republic  of  Viet  Nam,  or  to  negotiate  amendments  to  the  provisions  of 
existing bilateral air service agreements concerning traffic rights. 

HAVE AGREED AS FOLLOWS:  

ARTICLE 1 

General provisions 

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

1. 

2. 

1. 

2. 

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 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  Socialist  Republic  of  Viet  Nam,  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 Socialist Republic of Viet Nam 
shall grant the appropriate authorisations and permissions with minimum procedural 
delay, provided that:  

i. 

ii. 

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 

EN 

10 

   EN 

 
iii. 

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

i. 

ii. 

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

the air carrier is not owned, directly or through majority ownership, or it is not 
effectively  controlled  by  Member  States  and/or  nationals  of  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  Socialist  Republic  of  Viet  Nam  shall  not 
discriminate between Community air carriers on the grounds of nationality. 

ARTICLE 3 

Safety 

1. 

2. 

1. 

2. 

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  Socialist 
Republic  of  Viet  Nam  under  the  safety  provisions  of  the  agreement  between  the 
Member  State  that  has  designated  the  air  carrier  and  the  Socialist  Republic  of  Viet 
Nam 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 

Tariffs for carriage within the European Community 

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

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

EN 

11 

   EN 

 
ARTICLE 5 

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,  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 6 

Annexes to the Agreement 

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

ARTICLE 7 

Revision or amendment 

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

ARTICLE 8 

Entry into force and provisional application  

1. 

2. 

3. 

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  Socialist 
Republic of Viet Nam 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. 

EN 

ARTICLE 9 

Termination 

12 

   EN 

 
1. 

2. 

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

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

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

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

FOR THE EUROPEAN COMMUNITY: 
SOCIALIST REPUBLIC OF VIET NAM: 

FOR  THE  GOVERNMENT  OF  THE 

EN 

13 

   EN 

 
 
Annex 1  

List of agreements referred to in Article 1 of this Agreement 

(a) 

Air service agreements between the Socialist Republic of Viet Nam 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 Services Agreement between the Austrian Federal Government and the 
Government  of  the  Socialist  Republic  of  Viet  Nam,  done  at  Hanoi  on  27 
March  1995,  hereinafter  referred  to  as  “Viet  Nam  –  Austria  Agreement”  in 
Annex 2; 

Agreement  between  the  Government  of  the  Kingdom  of  Belgium  and  the 
Government of the Socialist Republic of Viet Nam on Air Transport, done at 
Brussels on 21 October 1992, hereinafter referred to as “Viet Nam – Belgium 
Agreement” in Annex 2; 

Agreement  between  the  Government  of  the  Czech  Republic  and  the 
Government of the Socialist Republic of Viet Nam concerning Air Services, 
done  at  Prague  on  23  May  1997,  hereinafter  referred  to  “Viet  Nam  –  Czech 
Republic Agreement” in Annex 2; 

Air  Services  Agreement  between  the  Government  of  the  Kingdom  of 
Denmark and the Government of the Socialist Republic of Viet Nam, done 
at Ha Noi on 25 September 1997, hereinafter referred to “Viet Nam – Denmark 
Agreement” in Annex 2; 

 To  be  read  together  with  Memorandum  of  Understanding  between  the 
Kingdoms of Denmark, Norway and Sweden and the Socialist Republic of Viet 
Nam, done at Ha Noi on 25 September 1997; 

Air Services Agreement between the Government of the Republic of Finland 
an the Government of the Socialist Republic of Viet Nam, signed at Ha Noi 
on 26 October 2000, hereinafter referred to “Viet Nam – Finland Agreement” 
in Annex 2; 

Air Services Agreement between the Government of the Republic of France 
and the Government of the Socialist Republic of Viet Nam, done at Paris on 
14  April  1977,  hereinafter  referred  to  “Viet  Nam  –  France  Agreement”  in 
Annex 2; 

Air Transport Agreement between the Government of the Federal Republic 
of  Germany  and  the  Government  of  the  Socialist  Republic  of  Viet  Nam, 
done at Bonn on 26 August 1994, hereinafter referred to “Viet Nam – Germany 
Agreement” in Annex 2; 

Last Modified by Agreed Minutes done at Hanoi on 7 March 2002; 

– 

Agreement  between  the  Government  of  the  Republic  of  Hungary  and  the 
Government of the Socialist Republic of Viet Nam on Air Services, done at 

EN 

14 

   EN 

 
 
 
– 

– 

– 

– 

– 

– 

– 

– 

– 

Ha  Noi  on  4  February  1998,  hereinafter  referred  to  “Viet  Nam  –  Hungary 
Agreement” in Annex 2; 

Agreement  between  the  Government  of  the  Grand  Duchy  of  Luxembourg 
and the Government of the Socialist Republic of Viet Nam on Air Services, 
done at Luxembourg on 26 October 1994, hereinafter referred to “Viet Nam – 
Luxembourg Agreement” in Annex 2; 

Agreement  between  the  Kingdom  of  the  Netherlands  and  the  Socialist 
Republic  of  Viet  Nam  for  Air  Services  between  and  beyond  their  respective 
territories,  done  at  Ha  Noi  on  1  October  1993,  hereinafter  referred  to  “Viet 
Nam – Netherlands Agreement” in Annex 2; 

Accord  sur  les  transports  aériens  entre  le  Gouvernement  de  la  République 
Populaire  de  Pologne  et  le  Gouvernement  de  la  République  Socialiste  du 
Viet  Nam,  done  at  Warsow  on  11  September  1976,  hereinafter  referred  to 
“Viet Nam – Poland Agreement” in Annex 2; 

Air  Transport  Agreement  between  the  Government  of  the  Portuguese 
Republic and the Government of the Socialist Republic of Viet Nam, done 
at  Lisbon  on  3  February  1998,  hereinafter  referred  to  “Viet  Nam  –  Portugal 
Agreement” in Annex 2; 

Accord entre le Gouvernement de la République Socialiste de Roumanie et 
le  Gouvernement  de  la  République  Socialiste  du  Viet  Nam  relatif  aux 
transports  aériens  civil,  fait  à  Hanoi  le  26  Juin  1979,  hereinafter  referred  to 
“Viet Nam – Romania Agreement” in Annex 2; 

Air  Services  Agreement  between  the  Government  of  the  Kingdom  of 
Sweden and the Government of the Socialist Republic of Viet Nam, done at 
Hanoi  on  25  September  1997,  hereinafter  referred  to  “Viet  Nam  –  Sweden 
Agreement” in Annex 2; 

 To  be  read  together  with  Memorandum  of  Understanding  between  the 
Kingdoms of Denmark, Norway and Sweden and the Socialist Republic of Viet 
Nam, done at Hanoi on 25 September 1997; 

Air  Transport  Agreement  between  the  Government  of  the  Slovak  Republic 
and the Government of the Socialist Republic of Viet Nam, done at Hanoi 
on  6  November  1997,  hereinafter  referred  to  “Viet  Nam  –  Slovak  Republic 
Agreement” in Annex 2; 

Agreement  between  the  Government  of  the  United  Kingdom  of  Great 
Britain  and  Northern  Ireland  and  the  Government  of  the  Socialist 
Republic of Viet Nam concerning Air Services, done at London on 19 August 
1994,  hereinafter  referred  to  “Viet  Nam  –  United  Kingdom  Agreement”  in 
Annex 2; 

Last amended by Exchange of Notes done at Hanoi on 8 and 26 September 2000; 

(b) 

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

EN 

15 

   EN 

 
signature of this Agreement, have not yet entered into force and are not being 
applied provisionally 

EN 

16 

   EN 

 
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, Paragraph 5 of the Viet Nam – Austria Agreement; 

Article 3, Paragraph 4 of the Viet Nam – Denmark Agreement; 

Article 4, Paragraph 4 of the Viet Nam – Czech Republic Agreement; 

Article 4, Paragraph 5 of the Viet Nam – Finland Agreement; 

Article 7, Paragraph 4 of the Viet Nam – France Agreement; 

Article 3, Paragraph 4 of the Viet Nam – Germany Agreement; 

Article 3, Paragraph 4 of the Viet Nam – Hungary Agreement; 

Article 3, Paragraph 4 of the Viet Nam – Luxembourg Agreement; 

Article 4, Paragraph 4 of the Viet Nam – Netherlands Agreement; 

Article 3, Paragraph 4 of the Viet Nam – Portugal Agreement; 

Article 3 of the Viet Nam – Romania Agreement; 

Article 3, Paragraph 4 of the Viet Nam – Sweden Agreement; 

Article 3, Paragraph 4 of the Viet Nam – Slovak Republic Agreement; 

Article 4, Paragraph 4 of the Viet Nam – United Kingdom Agreement; 

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

– 

– 

– 

– 

– 

– 

– 

– 

Article 4, Paragraph 1 (a) of the Viet Nam – Austria Agreement; 

Article 5, Paragraph 1 (d) of the Viet Nam – Belgium Agreement; 

Article 5, Paragraph 1 (a) of the Viet Nam – Czech Republic Agreement; 

Article 4, Paragraph 1 (a) of the Viet Nam – Denmark Agreement; 

Article 5, Paragraph 1 (a) of the Viet Nam – Finland Agreement; 

Article 9, Paragraph 1 (a) of the Viet Nam – France Agreement; 

Article 4, Paragraph 1 of the Viet Nam – Germany Agreement; 

Article 4, Paragraph 1 (a) of the Viet Nam – Hungary Agreement; 

EN 

17 

   EN 

 
– 

– 

– 

– 

– 

– 

– 

Article 4, Paragraph 1 (c) of the Viet Nam – Luxembourg Agreement; 

Article 5, Paragraph 1 (c) of the Viet Nam – Netherlands Agreement; 

Article 4, Paragraph 1(a) of the Viet Nam – Portugal Agreement; 

Article 4 of the Viet Nam – Romania Agreement; 

Article 4, Paragraph 1 (a) of the Viet Nam – Sweden Agreement; 

Article 4, Paragraph 1 (a) of the Viet Nam – Slovak Republic Agreement; 

Article 5, Paragraph 1 (a) of the Viet Nam – United Kingdom Agreement; 

(c) Safety: 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

Article 6 of the Viet Nam – Austria Agreement; 

Article 7 of the Viet Nam – Belgium Agreement; 

Article 11 of the Viet Nam – Czech Republic Agreement; 

Article 18 of the Viet Nam – Finland Agreement; 

Article 4 of the Viet Nam – France Agreement; 

Article relating to safety as provided for in Appendix 4 to the Agreed Minutes 
done  at  Hanoi  on  7  March  2002,  amending  the  Viet  Nam  –  Germany 
Agreement;  

Article 9 of the Viet Nam – Hungary Agreement; 

Article 6 of the Viet Nam – Luxembourg Agreement; 

Article 14 of the Viet Nam – Netherlands Agreement; 

Article 10 of the Viet Nam – Poland Agreement; 

Article 7 of the Viet Nam – Slovak Republic Agreement; 

Article 9bis of the Viet Nam – United Kingdom Agreement; 

(d) Tariffs for carriage within the European Community: 

– 

– 

– 

– 

– 

Article 11 of the Viet Nam – Austria Agreement; 

Article 13 of the Viet Nam – Belgium Agreement; 

Article 7 of the Viet Nam – Czech Republic Agreement; 

Article 11 of the Viet Nam – Denmark Agreement; 

Article 13 of the Viet Nam – Finland Agreement; 

EN 

18 

   EN 

 
– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

Article 12 of the Viet Nam – France Agreement; 

Article 10 of the Viet Nam – Germany Agreement; 

Article 6 of the Viet Nam – Hungary Agreement; 

Article 11 of the Viet Nam – Luxembourg Agreement; 

Article 6 of the Viet Nam – Netherlands Agreement; 

Article 20 of the Viet Nam – Poland Agreement; 

Article 16 of the Viet Nam – Portugal Agreement; 

Article 11 of the Viet Nam – Romania Agreement; 

Article 11 of the Viet Nam – Sweden Agreement; 

Article 12 of the Viet Nam – Slovak Republic Agreement; 

Article 7 of the Viet Nam – United Kingdom Agreement; 

EN 

19 

   EN 

 
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) 

EN 

20 

   EN