Proposal for a Council Decision on the signature and provisional application of the agreement between the European Community and the Government of Nepal on certain aspects of air services
Date: 2008-01-31
Institutions: European Commission
Subjects: European Community, Nepal, air transport, interim agreement (EU), signature of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 31.1.2008 
COM(2008) 41 final 

2008/0017 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the signature and provisional application of the Agreement between the European 
Community and the Government of Nepal 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 Nepal 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 
seven bilateral air services agreements between Member States and Nepal. 

•  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 were consulted throughout the negotiations. 

Summary of responses and how they have been taken into account 

Comments made by Member States 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  Nepal  that  replaces 
certain provisions in existing bilateral air services agreements between Member States 
and Nepal. 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 

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 Nepal is the most efficient instrument to 
bring all existing bilateral air services agreements between Member States and Nepal 

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409 

510 

511 

512 

570 

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 Nepal 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 the Government of Nepal 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 Nepal 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 
Nepal  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 Nepal 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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2008/0017 (CNS) 

Proposal for a 

COUNCIL DECISION 

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

on certain aspects of air services 

THE EUROPEAN COMMUNITY  

of the one part, and  

THE GOVERNMENT OF NEPAL  

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 Nepal 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  Nepal,  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  Nepal  and  to  preserve  the 
continuity of such air services, 

RECOGNISING that bilateral air service agreements between Member States of the European 
Community  and  Nepal  should  be  consistent  with  the  laws  of  Nepal  and  the  European 
Community  and  provide  a  viable  and  sound  legal  basis  for  ensuring  continuity  and 
development of air services between the European Community and Nepal, 

NOTING that provisions of the bilateral air service agreement between Member States of the 
European Community and Nepal, which are not inconsistent with European Community law, 
do not need to be affected by this Agreement, 

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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  Nepal  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  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 this agreement, to 
bring about any changes in the total volume of air traffic between the European Community 
and the Nepal, to affect the balance between Community air carriers and air carriers of Nepal, 
or  to  make  amendments  to  the  provisions  of  existing  bilateral  air  service  agreements 
concerning traffic rights. 

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, Authorisation and Revocation  

The  provisions  in  paragraphs  3  and  4  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  air  carriers  by  the  Member  State  concerned,  its 
authorisations  and  permissions  granted  by  Nepal,  and  the  refusal,  revocation, 
suspension  or  limitation  of  the  authorisations  or  permissions  of  the  air  carrier, 
respectively. 

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2. 

3. 

The  provisions  in  paragraphs  3  and  4  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 air carriers by Nepal, its authorisations and permissions 
granted  by  the  Member  State  concerned,  and  the  refusal,  revocation,  suspension  or 
limitation of the authorisations or permissions of the air carrier, respectively. 

On  receipt  of  such  a  designation,  and  of  applications  from  the  designated  air 
carrier(s), in the form and manner prescribed for authorisations and permissions, the 
other party shall, subject to paragraphs 4 and 5 grant the appropriate authorisations 
and permissions with minimum procedural delay, provided that: 

(a) 

in the case of an air carrier designated by a Member State: 

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  from  a  Member  State  in  accordance  with  European 
Community law; and 

effective regulatory control of the air carrier is exercised and maintained by the 
Member  State  responsible  for  issuing  its  Air  Operator's  Certificate  and  the 
relevant aeronautical authority is clearly identified in the designation; and 

the  air  carrier  is  owned  directly  or  through  majority  ownership  and  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. 

(b) 

in the case of an air carrier designated by Nepal: 

i) 

it has its principal place of business in Nepal; and 

ii)  Nepal has and maintains effective regulatory control of the air carrier.  

4. 

Either party may refuse, revoke, suspend or limit the authorisation or permissions of 
an air carrier designated by the other party where: 

(a) 

in the case of an air carrier designated by a Member State: 

i) 

ii) 

the air carrier is not established in the territory of the designating Member State 
under  the  Treaty  establishing  the  European  Community  or  does  not  have  a 
valid  Operating  Licence  from  a  Member  State  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  Operator's  Certificate,  or 
the  relevant  aeronautical  authority  is  not  clearly  identified  in  the  designation; 
or 

iii) 

the air carrier is not owned directly or through majority ownership and 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; or 

(b) 

in the case of an air carrier designated by Nepal: 

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i) 

it does not have its principal place of business in Nepal; or 

ii)  Nepal is not maintaining effective regulatory control of the air carrier; or 

iii)  majority ownership or control of the air carrier designated by Nepal is vested in 
a third country that does not effectively accept the designation of Community 
air carriers established in the Community. 

5. 

In  exercising  its  right  under  paragraph  4,  Nepal  shall  not  discriminate  between  air 
carriers of Member States 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 the Government of 
Nepal under the safety provisions of the agreement between the Member State that 
has  designated  the  air  carrier  and  the  Government  of  Nepal  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  Nepal  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. 

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1. 

2. 

1. 

ARTICLE 5 

Tariffs for carriage within the European Community 

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

The tariffs to be charged by the air carrier(s) designated by the Government of Nepal 
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,  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 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. 

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ARTICLE 9 

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Entry into force and provisional application  

This  Agreement  shall  enter  into  force  when  the  Parties  have  notified  each  other  in 
writing  that  their  respective  internal  procedures  necessary  for  its  entry  into  force 
have been completed. 

Notwithstanding paragraph 1, the Parties agree to provisionally apply this Agreement 
from the first day of the month following the date on which the Parties have notified 
each other of the completion of the procedures necessary for this purpose. 

Agreements and other arrangements between Member States and the Government of 
Nepal  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. 

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  Nepali 
languages. 

FOR THE EUROPEAN COMMUNITY: 

FOR THE GOVERNMENT OF NEPAL: 

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ANNEX 1  

List of agreements referred to in Article 1 of this Agreement 

(a) 

Air service agreements between the Government of Nepal 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 

– 

– 

– 

– 

Agreement  between  the  Austrian  Federal  Government  and  His  Majesty’s 
Government of Nepal relating to Civil Air Transport signed at Kathmandu on 
29  October  1997,  hereinafter  referred  to  as  ”Nepal-Austria  Agreement” in 
Annex 2; 

Agreement  between  the  Government  of  the  Grand  Duchy  of  Luxembourg 
and His Majesty’s Government of Nepal on air services done at Luxembourg 
on 18 June 1999, hereinafter referred to as ”Nepal-Luxembourg Agreement” in 
Annex 2; 

Agreement  between  the  Kingdom  of  the  Netherlands  and  His  Majesty’s 
Government  of  Nepal  on  air  services  done  at  Schiphol  Airport  on  10  June 
1998, hereinafter referred to as ”Nepal-The Netherlands Agreement” in Annex 
2; 

Agreement  between  the  Government  of  the  United  Kingdom  of  Great 
Britain  and  Northern  Ireland  and  His  Majesty’s  Government  of  Nepal 
concerning  air  services  done  at  Kathmandu  on  3  March  1994,  hereinafter 
referred to as ”Nepal-United Kingdom Agreement” in Annex 2; 

(b) 

Air service agreements and other arrangements initialled or signed between the 
Government of Nepal 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. 

– 

– 

– 

Air  Services  Agreement  between  His  Majesty’s  Government  of  Nepal  and 
the Government of the Republic of France initialled at Kathmandu on 7 July 
1998, hereinafter referred to as “Nepal-France Agreement” in Annex 2; 

Agreement between the Government of the Federal Republic of Germany 
and  His  Majesty's  Government  of  Nepal  on  Air  Services  initialled  and 
attached as Annex 3 to the Protocol done at Bonn on 26 July 2000, hereinafter 
referred to as "Nepal-Germany Agreement" in Annex 2 

Agreement  between  His  Majesty’s  Government  of  Nepal  and  the 
Government  of  the  Italian  Republic  concerning  Air  Services  initialled  at 
Kathmandu on 8 May 1992 hereinafter referred to as “Nepal-Italy 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 6 of 
this Agreement 

(a) 

Designation by a Member State: 

– 

– 

– 

– 

– 

– 

Article 4 of the Nepal-Austria Agreement; 

Article 4 of the Nepal-France Agreement; 

Article 4 of the Nepal-Italy Agreement  

Article 3 of the Nepal-Luxembourg Agreement; 

Article 5 of the Nepal-The Netherlands Agreement; 

Article 4 of the Nepal-United Kingdom Agreement; 

(b) 

Refusal, revocation, suspension or limitation of authorisations or permissions: 

– 

– 

– 

– 

– 

– 

– 

Article 4 of the Nepal-Austria Agreement; 

Article 5 of the Nepal-France Agreement; 

Article 4 of the Nepal-Germany Agreement; 

Article 5 of the Nepal-Italy Agreement; 

Article 4 of the Nepal-Luxembourg Agreement; 

Article 6 of the Nepal-The Netherlands Agreement; 

Article 5 of the Nepal-United Kingdom Agreement; 

(c) 

Safety: 

– 

– 

– 

– 

– 

– 

Article 8 of the Nepal-Austria Agreement; 

Article 9 of the Nepal-France Agreement; 

Article 14 of the Nepal-Germany Agreement; 

Article 10 of the Nepal-Italy Agreement. 

Article 6 of the Nepal-Luxembourg Agreement; 

Article 10 of the Nepal-The Netherlands Agreement; 

(d) 

Taxation of aviation fuel: 

– 

Article 9 of the Nepal-Austria Agreement; 

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– 

– 

– 

– 

– 

– 

Article 12 of the Nepal-France Agreement; 

Article 7 of the Nepal-Germany Agreement; 

Article 6 of the Nepal-Italy Agreement. 

Article 8 of the Nepal-Luxembourg Agreement; 

Article 13 of the Nepal-The Netherlands Agreement; 

Article 8 of the Nepal-United Kingdom Agreement. 

(e) 

Tariffs for Carriage within the European Community: 

– 

– 

– 

– 

– 

– 

Article 12 of the Nepal-Austria Agreement; 

Article 14 of the Nepal-France Agreement; 

Article 8 of the Nepal-Italy Agreement. 

Article 10 of the Nepal-Luxembourg Agreement; 

Article 8 of the Nepal-The Netherlands Agreement; 

Article 7 of the Nepal-United Kingdom 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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