Proposal for a COUNCIL DECISION on the signature and provisional application of the Agreement between the European Community and the Islamic Republic of Pakistan on certain aspects of air services Proposal for a COUNCIL DECISION on the conclusion of the Agreement between the European Community and the Islamic Republic of Pakistan on certain aspects of air services
Date: 2008-02-14
Institutions: Provisional data
Subjects: Pakistan, agreement (EU), air transport, foreign policy, international relations, ratification of an agreement, signature of an agreement, transport policy

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 14.2.2008 
COM(2008) 81 final 

2008/0036 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the signature and provisional application of the Agreement between the European 
Community and the Islamic Republic of Pakistan on certain aspects of air services 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Community and the Islamic 
Republic of Pakistan 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 
sixteen bilateral air services agreements between Member States and Pakistan. 

•  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 

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 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  Pakistan  that  replaces 
certain provisions in existing bilateral air services agreements between Member States 
and  Pakistan.  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  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  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. 

•  Choice of instruments 

The Agreement between the Community and Pakistan is the most efficient instrument 
to  bring  all  existing  bilateral  air  services  agreements  between  Member  States  and 
Pakistan into conformity with Community law.  

4)  BUDGETARY IMPLICATION 

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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  Pakistan  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  Islamic  Republic  of  Pakistan  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 Islamic Republic of Pakistan 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 
Pakistan  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 Islamic Republic of Pakistan 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. . 

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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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2008/0036 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Community and the Islamic 
Republic of Pakistan 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 
Islamic Republic of Pakistan 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  Islamic  Republic  of 
Pakistan  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 8(1) of the Agreement. 

Done at Brussels,  

For the Council 
The President 

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ANNEX  

AGREEMENT 

between the European Community and the Islamic Republic of Pakistan on certain 
aspects of air services 

THE EUROPEAN COMMUNITY  

of the one part, and  

THE ISLAMIC REPUBLIC OF PAKISTAN  

(hereinafter referred to as Pakistan) 

of the other part 

(hereinafter referred to as ‘the Parties’) 

NOTING that certain provisions in bilateral air service agreements between several Member 
States of the European Community and the Islamic Republic of Pakistan need to be brought 
into conformity with 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  European  Community  air  carriers  established  in  a  Member  State  have  been 
granted  the  right  to  non-discriminatory  access  to  air  routes  between  that  Member  State  and 
third countries by the European Community under Community law, 

HAVING  REGARD  to  the  agreements  between  the  European  Community  and  the  four 
European countries listed in Annex  3  providing for  the possibility for the nationals of these 
countries  to  acquire  ownership  in  air  carriers  licensed  in  accordance  with  European 
Community law, 

RECOGNISING that all matters relating to bilateral air service agreements between Member 
States  of  the  European  Community  and  the  Islamic  Republic  of  Pakistan  must  be  in 
conformity with the laws of the parties in order to establish a sound legal basis for air services 
between the European Community and the Islamic Republic of Pakistan and to preserve the 
continuity of such air services, 

NOTING  that provisions of the bilateral air  services agreements between Member States of 
the European Community and the Islamic Republic of Pakistan, which are not incompatible 
with  European  Community  law  and  Pakistani  law  do  not  need  to  be  affected  by  this 
agreement, 

RECOGNISING  that  provisions  in  bilateral  air  service  agreements  concluded  between 
Member  States  of  the  European  Community  and  the  Islamic  Republic  of  Pakistan  which  i) 
require or favour the adoption of agreements between undertakings, decisions by associations 

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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 
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  and  the  Islamic  Republic  of 
Pakistan  in  this  agreement  to  increase  the  total  volume  of  air  traffic  between  the  European 
Community and the Islamic Republic of Pakistan, to affect the balance between Community 
air carriers and air carriers of the Islamic Republic of Pakistan, or to amend the provisions of 
existing bilateral air service agreements concerning traffic rights. 

HAVE AGREED AS FOLLOWS:  

1. 

2. 

3. 

1. 

2. 

ARTICLE 1 

General provisions 

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  prevail  over  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 Islamic Republic of Pakistan, 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  of  the  European  Community,  the 
Islamic  Republic  of  Pakistan  shall  grant  the  appropriate  authorisations  and 
permissions with minimum procedural delay, provided that: 

i. 

the  air  carrier  is  established  in  the  territory  of  the  designating  Member 
State  under  the  Treaty  establishing  the  European  Community  and  has  a 

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ii. 

iii. 

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 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; and 

iv. 

the  air  carrier  has  its  principal  place  of  business  in  the  territory  of  the 
Member State which granted its valid Operating Licence. 

3. 

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

i. 

ii. 

iii. 

iv. 

v. 

vi. 

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 

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; or 

the air carrier does not have its principal place of business in the territory 
of the Member State which granted its valid Operating Licence; or 

the air carrier is already authorised to operate under a bilateral agreement 
between the Islamic Republic of Pakistan and another Member State and 
that,  by  exercising  traffic  rights  under  this  Agreement  on  a  route  that 
includes  a  point  in  that  other  Member  State,  it  would  be  circumventing 
restrictions on the traffic rights imposed by that other agreement; or 

the  air  carrier  designated  holds  an  Air  Operators  Certificate  and 
Operating  Licence  issued  by  a  Member  State  with  which  the  Islamic 
Republic of Pakistan does not have a bilateral air services agreement and 
that  Member  State  has  denied  traffic  rights  or  related  commercial 
opportunities to a carrier licensed by the Islamic Republic of Pakistan. 

4. 

In exercising its right under this paragraph, the Islamic Republic of Pakistan shall not 
discriminate between Community air carriers on the grounds of nationality provided 
that it meets the above requirements. 

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ARTICLE 3 

Safety 

1. 

2. 

1. 

2. 

1. 

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  Islamic 
Republic  of  Pakistan  under  the  safety  provisions  of  the  agreement  between  the 
Member State that has designated the air carrier and the Islamic Republic of Pakistan 
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  corresponding 
provisions in the articles listed in Annex 2 (d).  

The tariffs to be charged by the air carrier(s) designated by the Islamic Republic of 
Pakistan 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.  European  Community  law  is  applied  on  a  non-
discriminatory basis. 

ARTICLE 5 

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.  

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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. Each of the 
Parties may, at any time, request consultations with a view to revise or amend this Agreement 
by mutual consent and the other party shall respond to such request not later than 60 (sixty) 
days after the request for consultations was made. 

ARTICLE 8 

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  Islamic 
Republic of Pakistan 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 9 

Termination 

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

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

1. 

2. 

3. 

1. 

2. 

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

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

FOR THE EUROPEAN COMMUNITY: 

FOR  THE 
PAKISTAN: 

ISLAMIC  REPUBLIC  OF 

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ANNEX 1  

(a) 

– 

– 

– 

– 

– 

– 

– 

– 

Provisional list of agreements referred to in Article 1 of this Agreement 

Air service agreements between the Islamic Republic of Pakistan 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  the  Government  of 
the Islamic Republic of Pakistan relating to air services done at Rawalpindi on 28 
May 1971, hereinafter referred to as ”Pakistan-Austria Agreement” in Annex 2; 

Last  modified  by  the  Memorandum  of  Understanding  done  at  Islamabad  on  27 
September  2006,  hereinafter  referred  to  as  "Pakistan-Austria  Memorandum  of 
Understanding" in Annex 2 

Agreement between the Government of the People's republic of Bulgaria and the 
Government  of  the  Islamic  Republic  of  Pakistan  relating  to  air  services  done  at 
Islamabad  on  22  October  1969,  hereinafter  referred  to  as  "Pakistan-Bulgaria 
Agreement" in Annex 2; 

Agreement between the Government of the Czechoslovak Socialist Republic and 
the Government of the Islamic Republic of Pakistan relating to air services done 
in Prague on 2 September 1969, hereinafter referred to as “Pakistan-Czech Republic 
Agreement” in Annex 2. 

Agreement  between  the  Government  of  the  Republic  of  France  and  the 
Government of Pakistan relating to air services  done at Karachi on 31 July 1950, 
hereinafter referred to as "Pakistan-France Agreement" in Annex 2; 

Modified by exchange of notes dated 29 August and 20 and 31 October 1960; 

Modified by exchange of notes dated 2 and 9 July 1974;  

Air Transport Agreement between the Federal Republic of Germany and Pakistan 
done  at  Bonn  on  20  July  1960  hereinafter  referred  to  as  “Pakistan-Germany 
Agreement” in Annex 2; 

To be read together with the Agreed Minutes done at Bonn on 12 November 1998; 

Air Service Agreement between the Government of the Hellenic Republic and the 
Government of the Islamic Republic of Pakistan done at Athens on 15 November 
2005, hereinafter referred to as "Pakistan-Greece Agreement" in Annex 2; 

Agreement between the Government of the Hungarian People’s Republic and the 
Government  of  the  Islamic  Republic  of  Pakistan  relating  to  air  services  done  at 
Budapest  on  11  May  1977,  hereinafter 
to as  ”Pakistan-Hungary 
Agreement” in Annex 2; 

referred 

Agreement  between  the  Government  of  the  Republic  of  Italy  and  the 
Government  of  the  Islamic  Republic  of  Pakistan  relating  to  air  services  done  at 

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Rome  on  5  October  1957,  hereinafter  referred  to  as  “Pakistan-Italy  Agreement”  in 
Annex 2; 

Modified by Memorandum of Understanding done at Rome on 16 January 1974. 

Last modified by Memorandum of Understanding done at Rome on 24 March 2004. 

Agreement  between  the  Government  of  the  Republic  of  Malta  and  the 
Government of Islamic Republic of Pakistan relating to air services done at Valetta 
on 25 April 1975, hereinafter referred to as “Pakistan-Malta Agreement” in Annex 2; 

Agreement between the Government of the Kingdom of the Netherlands and the 
Government of Pakistan relating to air services done at Karachi on 17 July 1952; 
hereinafter referred to as “Pakistan-The Netherlands Agreement” in Annex 2; 

Modified by Agreed Minutes done at The Hague on 27 April 1995; 

Modified by Agreed Minutes done at The Hague on 28 June 1995; 

Modified  by  Memorandum  of  Understanding  done  at  Bhurban  on  16  November 
1995; 

Modified by Agreed Minutes done at The Hague on 25 March 1997; 

Last  modified  by  Confidential  Memorandum  of  Understanding  done  at  Karachi  on 
28 November 1998; 

Agreement between the Government of the People’s Republic of Poland and the 
Government  of  the  Islamic  Republic  of  Pakistan  relating  to  air  services  done  at 
Rawalpindi  on  30  October  1970  hereinafter  referred  to  as  “Pakistan-Poland 
Agreement” in Annex 2; 

Agreement between the Government of the Islamic Republic of Pakistan and the 
Government  of  Portugal  relating  to  air  services  done  at  Karachi  on  7  June  1958 
hereinafter referred to as “Pakistan-Portugal Agreement” in Annex 2; 

Air  Transport  Agreement  between  the  Government  of  the  Islamic  Republic  of 
Pakistan  and  the  Government  of  the  Kingdom  of  Spain  done  at  Madrid  on  19 
June 1979 hereinafter referred to as “Pakistan-Spain Agreement” in Annex 2; 

Modified by exchange of notes dated 20 July and 29 July 1988; 

Agreement  between  the  Government  of  the  Socialist  Republic  of  Romania  and 
the Government of the Islamic republic of Pakistan relating to Air Services done 
at  Rawalpindi  on  9  January  1973  hereinafter  referred  to  as  "Pakistan-Romania 
Agreement" in Annex 2; 

Agreement  between  the  Government  of  the  United  Kingdom  of  Great  Britain 
and Northern Ireland and the Government of the Islamic Republic of Pakistan 
concerning Air Services done in Karachi on 14 September 1999, hereinafter referred 
to as ”Pakistan-UK Agreement” in Annex 2; 

– 

– 

– 

– 

– 

– 

– 

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Modified by Memorandum of Understanding done at London on 9 February 2000. 

(b) 

Air service agreements and other arrangements initialled or signed between the 
Islamic Republic of Pakistan 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 

– 

– 

– 

Agreement  between  the  Government  of  the  Kingdom  of  Denmark  and  the 
Government of the Islamic Republic of Pakistan relating to Air Services done at 
Olso on 23 March 1999 hereinafter referred to as “Pakistan-Denmark Agreement” in 
Annex 2; 

Supplemented  by  Memorandum  of  Understanding  between  the  Scandinavian 
countries and Pakistan done at Oslo 23 March 1999. 

Agreement between the Government of the Islamic Republic of Pakistan and the 
Government  of  the  Grand  Duchy  of  Luxembourg  on  air  services  initialled  at 
Karachi  on  14  October  1997  hereinafter  referred  to  as  “Pakistan-Luxembourg 
Agreement” in Annex 2. 

Supplemented by Memorandum of Understanding signed at Karachi on 14 October 
1997. 

Air Services Agreement between the Government of the Kingdom of Sweden and 
the  Government  of  the  Islamic  Republic  of  Pakistan  done  at  Olso  on  23  March 
1999, hereinafter referred to as “Pakistan-Sweden Agreement” in Annex 2; 

Supplemented  by  Memorandum  of  Understanding  between  the  Scandinavian 
countries and Pakistan done at Oslo 23 March 1999. 

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ANNEX 2 

Provisional list of articles in the agreements listed in Annex 1 and referred to in Articles 
2 to 4 of this Agreement 

(a) 

Designation by a Member State: 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

Article  3  of  the  Pakistan-Austria  Agreement  and  2a  of  the  Pakistan-Austria 
Memorandum of Understanding done at Islamabad on 27 September 2006; 

Article III of the Pakistan-Bulgaria Agreement; 

Article III of the Pakistan-Czech Republic Agreement; 

Article 3 of the Pakistan-Denmark Agreement; 

Article 2 of the Pakistan-France Agreement; 

Article 3 of the Pakistan-Germany Agreement; 

Article 3 of the Pakistan-Greece Agreement; 

Article 3 of the Pakistan-Hungary Agreement; 

Article II of the Pakistan-Italy Agreement; 

Article 3 of the Pakistan-Malta Agreement; 

Article III of the Pakistan-Poland Agreement; 

Article II of the Pakistan-Portugal Agreement; 

Article III of the Pakistan-Romania Agreement; 

Article 3 of the Pakistan-Spain Agreement; 

Article 3 of the Pakistan-Sweden Agreement; 

Article 4 of the Pakistan-United Kingdom Agreement. 

(b) 

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

– 

– 

– 

– 

– 

Article  4  of  the  Pakistan-Austria  Agreement  and  2b  of  the  Pakistan-Austria 
Memorandum of Understanding; 

Article IV of the Pakistan-Bulgaria Agreement; 

Article IV of the Pakistan-Czech Republic Agreement; 

Article 4 of the Pakistan-Denmark Agreement; 

Article 2 of the Pakistan-France Agreement; 

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– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

Article 4 of the Pakistan-Germany Agreement; 

Article 4 of the Pakistan-Greece Agreement; 

Article 4 of the Pakistan-Hungary Agreement; 

Article VIII of the Pakistan-Italy Agreement; 

Article 4 of the Pakistan-Luxembourg Agreement; 

Article 4 of the Pakistan-Malta Agreement; 

Article VIII of the Pakistan-The Netherlands Agreement; 

Article IV of the Pakistan-Poland Agreement; 

Article VIII of the Pakistan-Portugal Agreement; 

Article IV of the Pakistan-Romania Agreement; 

Article 4 of the Pakistan-Spain Agreement; 

Article 4 of the Pakistan-Sweden Agreement; 

Article 5 of the Pakistan-United Kingdom Agreement. 

(c) 

Safety: 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

Attachment D of the Pakistan-Austria Memorandum of Understanding; 

Article V of the Pakistan-Bulgaria Agreement; 

Article V of the Pakistan-Czech Republic Agreement; 

Article 16 of the Pakistan-Denmark Agreement; 

Article 8 of the Pakistan-Greece Agreement; 

Article 5 of the Pakistan-Hungary Agreement; 

Article II of the Pakistan-Italy Agreement; 

Article 6 of the Pakistan-Luxembourg Agreement; 

Article 5 of the Pakistan-Malta Agreement; 

Appendix II to the Pakistan-The Netherlands Agreed Minutes of 25 March 1997; 

Article V of the Pakistan-Romania Agreement; 

Article 5 of the Pakistan-Spain Agreement; 

Article 16 of the Pakistan-Sweden Agreement. 

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(d) 

Tariffs for Carriage within the European Community: 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

Article 9 of the Pakistan-Austria Agreement; 

Article VIII of the Pakistan-Bulgaria Agreement; 

Article VIII of the Pakistan-Czech Republic Agreement; 

Article 11 of the Pakistan-Denmark Agreement; 

Article 6 of the Pakistan-France Agreement; 

Annex  4  of  the  Agreed  Minutes  done  at  Bonn  12  November  1998  –  as  applied 
provisionally in the framework of the Pakistan-Germany Agreement;  

Article 13 of the Pakistan-Greece Agreement; 

Article 9 of the Pakistan-Hungary Agreement; 

Article VI of the Pakistan-Italy Agreement; 

Article 10 of the Pakistan-Luxembourg Agreement; 

Article 9 of the Pakistan-Malta Agreement; 

Article VI of the Pakistan-The Netherlands Agreement; 

Article VIII of the Pakistan-Poland Agreement; 

Article VI of the Pakistan-Portugal Agreement; 

Article IX of the Pakistan-Romania Agreement; 

Article 9 of the Pakistan-Spain Agreement; 

Article 11 of the Pakistan-Sweden Agreement; 

Article 7 of the Pakistan-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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