Agreement between the European Community and the Government of the Kyrgyz Republic on certain aspects of air services
Date: 2007-06-01
Institutions: European Community, Kyrgyzstan
Subjects: Kyrgyzstan, agreement (EU), air transport

7.7.2007

EN

Official Journal of the European Union

L 179/39

between the European Community and the Government of the Kyrgyz Republic on certain aspects
of air services

AGREEMENT

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:

Article 1

General provisions

shall be understood as referring to nationals of the Member
States of the European Community.

For the purposes of this Agreement, ‘Member States’ shall

1.
mean Member States of the European Community.

3.
References in each of the agreements listed in Annex I 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.

2.
References in each of the agreements listed in Annex I to
nationals of the Member State that is a party to that agreement

The granting of traffic rights continues to be carried out

4.
through already existing or future bilateral arrangements.

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Official Journal of the European Union

7.7.2007

Article 2

Designation by a Member State

1.
The provisions in paragraphs 2 and 3 of this Article shall
supersede the corresponding provisions in the articles listed in
Annex II(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 authori-
sations or permissions of the air carrier, respectively.

(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 III 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.

On receipt of a designation by a Member State, the Kyrgyz
and

2.
Republic
permissions with minimum procedural delay, provided that:

authorisations

appropriate

grant

shall

the

(i) the air carrier is established, under the Treaty establishing
the European Community,
in the territory of the desig-
nating Member State and has a valid Operating Licence
in accordance with European Community law;

Article 3

Safety

The provisions

this Article shall
1.
complement the corresponding provisions in the articles listed
in Annex II(c).

in paragraph 2 of

(ii) 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 aero-
nautical authority is clearly identified in the designation;
and

2. 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 main-
tenance of safety standards by that other Member State and
in respect of the operating authorisation of that air carrier.

(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 III 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) the air carrier is not established, under the Treaty estab-
lishing the European Community,
in the territory of the
designating Member State or does not have a valid
European
Operating
Community law;

accordance with

Licence

in

Article 4

Taxation of aviation fuel

The provisions

1.
this Article shall
complement the corresponding provisions in the articles listed
in Annex II(d).

in paragraph 2 of

taxes,

2.
Notwithstanding any other provision to the contrary,
nothing in each of the agreements listed in Annex II(d) shall
prevent a Member State from imposing, on a non-discrimi-
natory basis,
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.

levies, duties,

(ii) 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 aero-
nautical authority is not clearly identified in the desig-
nation; or

Article 5

Tariffs for carriage within the European Community

The provisions

1.
this Article shall
complement the corresponding provisions in the articles listed
in Annex II(e).

in paragraph 2 of

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Official Journal of the European Union

L 179/41

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

Article 6

Compatibility with competition rules

1.
Notwithstanding any other provision to the contrary,
nothing in each of the agreements listed in Annex I shall (i)
the adoption of agreements between undertakings,
favour
decisions by
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.

associations of undertakings or

The provisions contained in the agreements listed in
this
that are incompatible with paragraph 1 of

2.
Annex I
Article shall not be applied.

Article 7

Annexes to the Agreement

The Annexes to this Agreement shall
thereof.

form an integral part

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

1.
have notified each other

This Agreement shall enter into force when the Parties
respective

in writing that

their

internal procedures necessary for its entry into force have
been completed.

2.
Notwithstanding paragraph 1, the Parties agree to provi-
sionally 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.

3.
This Agreement shall apply to all Agreements and other
arrangements between Member States and the Kyrgyz Republic
this
listed in Annex I which, at
Agreement, have not yet entered into force, upon their entry
into force or provisional application.

the date of signature of

Article 10

Termination

In the event

that an agreement

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

listed in Annex I

2.
In the event that all agreements listed in Annex I are
terminated, this Agreement shall terminate at the same time.

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

Done at Brussels in duplicate, on this first day of June 2007 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.

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За Европейската общнoст
Por la Comunidad Europea
Za Evropské společenství
For Det Europæiske Fællesskab
Für die Europäische Gemeinschaft
Euroopa Ühenduse nimel
Για την Ευρωπαϊκή Κοινότητα

For the European Community
Pour la Communauté européenne
Per la Comunità europea
Eiropas Kopienas vārdā
Europos bendrijos vardu
Az Európai Közösség részéről
Għall-Komunità Ewropea
Voor de Europese Gemeenschap
W imieniu Wspólnoty Europejskiej
Pela Comunidade Europeia
Pentru Comunitatea Europeană
Za Európske spoločenstvo
Za Evropsko skupnost
Euroopan yhteisön puolesta
För Europeiska gemenskapen
Европa Шериктештиги γчγн
За Европейское Сообщество

За правителствοтο на Рeпублика Киргизстан
Por el Gobierno de la República Kirguisa
Za vládu Kyrgyzské republiky
For Den Kirgisiske Republiks regering
Für die Regierung der Kirgisischen Republik
Kirgiisi Vabariigi valitsuse nimel
Για την Κυβέρνηοη της Δημοκρατίας της Κιργιζίας

For the Government of the Kyrgyz Republic
Pour le gouvernement de la République kirghize
Per il governo della Repubblica del Kirghizistan
Kirgizstānas Republikas valdības vārdā
Kirgizijos Respublikos Vyriausybės vardu
A Kirgiz Köztársaság kormánya részéről
Għall-Gvern Tar-Repubblika Kirgiża
Voor de Regering van de Republiek Kirgizië
W imieniu rządu Republiki Kirgiskiej
Pelo Governo da República do Quirguizistão
Pentru Guvernul Republicii Kârgâszstan
Za vládu Kirgizskej republiky
Za vlado Kirgiške republike
Kirgisian tasavallan hallituksen puolesta
För Republiken Kirgizistans regering

За Правительство Кыргызской Республики

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ANNEX I

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 II,

— 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 II,

— Agreement between the Government of the Federal Republic of Germany and the Government of the Kyrgyz Republic
concerning air services, done at Bishkek on 13 May 1997, hereinafter referred to ‘Kyrgyzstan — Germany Agreement’
in Annex II,

— Air Services Agreement between the Government of the Kyrgyz Republic and the Government of the Hellenic
Republic, done at Athens on 1 November 2004, hereinafter referred to ‘Kyrgyzstan — Greece Agreement’
in
Annex II,

— 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 II,

— 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 II.

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 I and referred to in Articles 2 to 5 of this Agreement

ANNEX II

(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 a 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,

— 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 III

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).