Proposal for a Council Decision on the signature and provisional application of the Agreement between the European Community and the Government of Mongolia on certain aspects of air services
Date: 2007-11-21
Institutions: European Commission
Subjects: European Community, Mongolia, air safety, air transport, fuel tax, interim agreement (EU), signature of an agreement, transport licence, transportation tariff

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 21.11.2007 
COM(2007) 731 final 

2007/0252 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the signature and provisional application of the Agreement between the European 
Community and the Government of Mongolia on certain aspects of air services 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Community and the 
Government of Mongolia 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,  tariffs  introduced  by  third 
country air carriers on intra-Community routes, or obligatory commercial agreements 
between  airlines  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 
eleven bilateral air services agreements between Member States and Mongolia. 

•  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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211 

212 

305 

310 

329 

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  Mongolia  that  replaces 
certain provisions in existing bilateral air services agreements between Member States 
and Mongolia. Article 2 of the Agreement replaces the traditional designation clauses 
with  a  Community  designation  clause,  permitting  all  Community  carriers  to  benefit 
from the right of establishment. Articles 4 and 5 of the Agreement address two types of 
clauses  concerning  matters  of  Community  competence.  Article  4  deals  with  the 
taxation  of  aviation  fuel,  a  matter  which  has  been  harmonised  by  Council  Directive 
2003/96/EC  restructuring  the  Community  framework  for  the  taxation  of  energy 
products  and  electricity,  and  in  particular  Article  14  (2)  thereof.  Article  5  (Pricing) 
resolves  conflicts  between  the  existing  bilateral  air  services  agreements  and  Council 
Regulation No 2409/92 on fares and rates for air services which prohibits third country 
carriers  from  being  price  leaders  on  air  services  for  carriage  wholly  within  the 
Community. Article 6 brings provisions in bilateral agreements which are clearly anti-
competitive  (obligatory  commercial  agreements  between  airlines)  in  line  with  EU 
competition law. 

•  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. 

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342 

409 

510 

511 

512 

570 

•  Choice of instruments 

The Agreement between the Community and Mongolia is the most efficient instrument 
to  bring  all  existing  bilateral  air  services  agreements  between  Member  States  and 
Mongolia  into  conformity  with  Community  law.  Mongolia  and  France  had  brought 
their bilateral agreement into conformity with Community law in early 2007. 

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  Mongolia  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  provisional  application  and  on  the  conclusion  of  the  Agreement  between  the 
European Community and Mongolia 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 Government of Mongolia 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 
Mongolia  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  Government  of  Mongolia  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 
9(2) of the Agreement. 

2 

OJ C […], […], p. […]. 

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3. 

The text of the Agreement is attached to this Decision. 

Done at Brussels, […] 

For the Council 
The President 
[…] 

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2007/0252 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Community and the 
Government of Mongolia 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 
Mongolia  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 Government of Mongolia 
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 

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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 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 Mongolia  

on certain aspects of air services 

THE EUROPEAN COMMUNITY  

of the one part, and  

THE GOVERNMENT OF MONGOLIA  

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  Mongolia  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 Mongolia, 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  Mongolia  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 

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

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RECOGNISING  that  provisions  in  bilateral  air  service  agreements  concluded  between 
Member  States  of  the  European  Community  and  Mongolia  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 

1. 

2. 

3. 

1. 

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. 

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

2. 

On receipt of a designation by a Member State, Mongolia 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 Operator’s Certificate 
and  the  relevant  aeronautical  authority  is  clearly  identified  in  the 
designation; and 

iii. 

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

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States, and/or by other states listed in Annex 3 and/or nationals of such 
other states. 

3. 

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

i. 

ii. 

iii. 

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 

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,  Mongolia  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  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 Mongolia under the 
safety provisions of the agreement between the Member State that has designated the 
air  carrier  and  Mongolia  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  Mongolia  that  operates 

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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  Mongolia  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. 

1. 

2. 

1. 

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  

1. 

2. 

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. 

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3. 

1. 

2. 

Agreements and other arrangements between Member States and Mongolia 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. 

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

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

FOR THE EUROPEAN COMMUNITY: 

FOR THE GOVERNMENT OF MONGOLIA: 

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ANNEX 1  

List of agreements referred to in Article 1 of this Agreement 

Air  service  agreements  between  Mongolia  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  Mongolia, 
the 
Memorandum  of  Understanding  done  at  Vienna  on  28  June  1999,  hereinafter 
referred to “Mongolia – Austria Agreement” in Annex 2; 

initialled  and  attached  as  Appendix  2 

to 

Agreement  between  the  Government  of  the  Kingdom  of  Denmark  and  the 
Government of Mongolia relating to Air Services, done at Beijing on 19 June 1997, 
hereinafter referred to “Mongolia – Denmark Agreement” in Annex 2; 

Air Services Agreement between the Government of the Republic of Finland and 
the  Government  of  Mongolia,  done  at  Helsinki  on  10  February  2000,  hereinafter 
referred to “Mongolia – Finland Agreement” in Annex 2; 

Air  Services  Agreement  between  the  Government  of  the  Federal  Republic  of 
Germany  and  the  Government  of  Mongolia,  done  at  Bonn  on  29  May  1998, 
hereinafter referred to “Mongolia – Germany Agreement” in Annex 2; 

Air Services Agreement between the Government of the Republic of Hungary and 
the  Government  of  Mongolia,  done  at  Ulaanbaatar  on  13  September  1994, 
hereinafter referred to “Mongolia – Hungary Agreement” in Annex 2; 

Agreement  between  the  Government  of  the  Grand  Duchy  of  Luxembourg  and 
the Government of Mongolia for Air Services, done at Luxembourg on 18 March 
1995, hereinafter referred to “Mongolia – Luxembourg Agreement” in Annex 2; 

Agreement between the Government of the Kingdom of the Netherlands and the 
Government  of  Mongolia  for  air  services,  done  at  The  Hague  on  9  March  1995, 
hereinafter referred to “Mongolia – Netherlands Agreement” in Annex 2; 

Agreement  on  Air  Services  between  the  Government  of  the  Polish  People’s 
Republic  and  the  Government  of  the  Mongolian  People’s  Republic,  done  at  26 
May  1989  in  Ulan-Bator,  hereinafter  referred  to  “Mongolia-Poland  Agreement”  in 
Annex 2; 

Agreement  between  the  Government  of  Romania  and  The  Government  of 
Mongolia concerning air services, done at Ulan Bator on 10 July 1990, hereinafter 
referred to “Mongolia – Romania Agreement" in Annex 2. 

Agreement  between  the  Government  of  the  Kingdom  of  Sweden  and  The 
Government of Mongolia relating to Air Services, done at Beijing on 19 June 1997, 
hereinafter referred to “Mongolia – Sweden Agreement” in Annex 2; 

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– 

Agreement  between  the  Government  of  the  United  Kingdom  of  Great  Britain 
and Northern Ireland and the Government of Mongolia concerning air services, 
done  at  London  on  1  March  2000,  hereinafter  referred  to  “Mongolia  –  United 
Kingdom Agreement” in Annex 2; 

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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, paragraph 5 of the Mongolia – Austria Agreement; 

Article 3, paragraph 4 of the Mongolia – Denmark Agreement;  

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

Article 3, paragraph 4 of the Mongolia – Hungary Agreement; 

Article 3, paragraph 4 of the Mongolia – Luxembourg Agreement; 

Article 3, paragraph 4 of the Mongolia – Netherlands Agreement; 

Article 3, paragraph 4 (a), of the Mongolia – Romania Agreement; 

Article 3, paragraph 4 of the Mongolia – Sweden Agreement;  

Article 4, paragraph 4 of the Mongolia – United Kingdom Agreement; 

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

– 

– 

– 

– 

– 

– 

– 

– 

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

Article 4, paragraph 1(a) of the Mongolia – Denmark Agreement;  

Article 5, paragraph 1 (a) of the Mongolia – Finland Agreement; 

Article 4 of the Mongolia – Germany Agreement; 

Article 4, paragraph 1(a) of the Mongolia – Hungary Agreement; 

Article 4, paragraph 1(a) of the Mongolia – Luxembourg Agreement; 

Article 4, paragraph 1(a) of the Mongolia – Sweden Agreement;  

Article 5, paragraph 1(a) of the Mongolia – United Kingdom Agreement; 

(c) Safety: 

– 

– 

– 

– 

Article 6 of the Mongolia – Austria Agreement; 

Article 13 of the Mongolia – Finland Agreement; 

Article 12 of the Mongolia – Germany Agreement; 

Article 11 of the Mongolia – Hungary Agreement; 

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– 

– 

– 

– 

Article 7 of the Mongolia – Luxembourg Agreement; 

Article 8 of the Mongolia – Netherlands Agreement; 

Article 15 of the Mongolia – Poland Agreement; 

Article 7 of the Mongolia – Romania Agreement; 

(d) Taxation of aviation fuel: 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

Article 7 of the Mongolia – Austria Agreement; 

Article 6 of the Mongolia – Denmark Agreement; 

Article 6 of the Mongolia – Finland Agreement; 

Article 6 of the Mongolia – Germany Agreement; 

Article 9 of the Mongolia – Hungary Agreement; 

Article 10 of the Mongolia – Luxembourg Agreement; 

Article 11 of the Mongolia – Netherlands Agreement; 

Article 10 of the Mongolia – Poland Agreement; 

Article 9 of the Mongolia – Romania Agreement; 

Article 6 of the Mongolia – Sweden Agreement; 

Article 8 of the Mongolia – United Kingdom Agreement; 

(e) Tariffs for carriage within the European Community: 

– 

– 

– 

– 

– 

– 

– 

– 

– 

Article 11 of the Mongolia – Austria Agreement; 

Article 11 of the Mongolia – Denmark Agreement; 

Article 10 of the Mongolia – Finland Agreement; 

Article 10 of the Mongolia – Germany Agreement; 

Article 8 of the Mongolia – Hungary Agreement; 

Article 9 of the Mongolia – Luxembourg Agreement; 

Article 10 of the Mongolia – Netherlands Agreement; 

Article 9 of the Mongolia – Poland Agreement; 

Article 11o the Mongolia – Romania Agreement; 

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– 

– 

Article 11 of the Mongolia – Sweden Agreement; 

Article 7 of the Mongolia – United Kingdom Agreement. 

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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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