Proposal for a COUNCIL DECISION on the signature and provisional application of the Agreement between the European Community and the Republic of Kazakhstan on certain aspects of air services
Date: 2008-02-21
Institutions: Provisional data
Subjects: Kazakhstan, agreement (EU), air transport, ratification of an agreement, signature of an agreement

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 21.2.2008 
COM(2008) 92 final 

2008/0040 (CNS) 

Proposal for a 

COUNCIL DECISION 

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

(presented by the Commission) 

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EXPLANATORY MEMORANDUM

1)  CONTEXT OF THE PROPOSAL 

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•  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. 

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•  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. 

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•  Existing provisions in the area of the proposal 

The provisions of the Agreement supersede or complement the existing provisions in 
the fifteen bilateral air services agreements between Member States and the Republic 
of Kazakhstan. 

•  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 

1 

Council Decision 11323/03 of 5 June 2003 (restricted document) 

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211 

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law. 

2)  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

Consultation methods, main sectors targeted and general profile of respondents

Member States as well as the industry were consulted throughout the negotiations. 

Summary of responses and how they have been taken into account

Comments made by Member States and the industry have been taken into account. 

3)  LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

In  accordance  with  the  mechanisms  and  directives  in  the  Annex  to  the  ”horizontal 
mandate”,  the  Commission  has  negotiated  an  agreement  with  the  Republic  of 
Kazakhstan  that  replaces  certain  provisions  in  the  existing  bilateral  air  services 
agreements between Member States and the Republic of Kazakhstan. 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. 

•  Choice of instruments 

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342 

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The Agreement between the Community and the Republic of Kazakhstan is the most 
efficient  instrument  to  bring  all  existing  bilateral  air  services  agreements  between 
Member States and the Republic of Kazakhstan 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 the Republic of Kazakhstan 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  Republic  of  Kazakhstan  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 Republic of Kazakhstan on certain aspects of air services 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission2, 

Whereas: 

(1) 

(2) 

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

On behalf of the Community, the Commission has negotiated an Agreement with the 
Republic  of  Kazakhstan  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  Republic  of  Kazakhstan  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. 

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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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2008/0040 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Community and the Republic 
of Kazakhstan 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 
Republic  of  Kazakhstan  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  

1. 

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

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

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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 Republic of Kazakhstan  

on certain aspects of air services 

THE EUROPEAN COMMUNITY  

of the one part, and  

the Republic of Kazakhstan  

of the other part 

(hereinafter referred to as ‘the Parties’) 

NOTING  that  bilateral  air  service  agreements  have  been  concluded  between  [several] 
Member  States  of  the  European  Community  and  the  Republic  of  Kazakhstan  containing 
provisions contrary to Community law, 

NOTING  that  the  European  Community  has  exclusive  competence  with  respect  to  several 
aspects that may be included in bilateral air service agreements between Member States of the 
European Community and third countries, 

NOTING  that  under  European  Community  law  Community  air  carriers  established  in  a 
Member State have the right to non-discriminatory access to air routes between the Member 
States of the European Community and third countries, 

HAVING  REGARD  to  the  agreements  between  the  European  Community  and  certain  third 
countries  providing  for  the  possibility  for  the  nationals  of  such  third  countries  to  acquire 
ownership in air carriers licensed in accordance with European Community law, 

RECOGNISING  that  certain  provisions  of  the  bilateral  air  service  agreements  between 
Member  States  of  the  European  Community  and  the  Republic  of  Kazakhstan,  which  are 
contrary  to  European  Community  law,  must  be  brought  into  conformity  with  it  in  order  to 
establish  a  sound  legal  basis  for  air  services  between  the  European  Community  and  the 
Republic of Kazakhstan and to preserve the continuity of such air services, 

NOTING that provisions of the bilateral air service agreements between Member States of the 
European  Community  and  the  Republic  of  Kazakhstan,  which  are  not  contrary  to  European 
Community law, do not need to be amended or replaced, 

NOTING that it is not a purpose of the European Community, as part of these negotiations, to 
increase the total volume of air traffic between the European Community and the Republic of 
Kazakhstan,  to  affect  the  balance  between  Community  air  carriers  and  air  carriers  of  the 
Republic of Kazakhstan, or to negotiate amendments to the provisions of existing bilateral air 
service agreements concerning traffic rights. 

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NOTING that the bilateral air services agreements listed in Annex 1 are based on the general 
principle  that  the  designated  airlines  of  the  contracting  parties  shall  have  fair  and  equal 
opportunities  in  operating  the  agreed  services  on  the  specified  routes,  and  that  it  is  not  a 
purpose of this Agreement to affect this principle; 

NOTING  that  under  European  Community  law  air  carriers  may  not,  in  principle,  conclude 
agreements which may affect trade between Member States of the European Community and 
which have as their object or effect the prevention, restriction or distortion of competition, 

RECOGNISING  that  provisions  in  bilateral  air  service  agreements  concluded  between 
Member States of the European Community and the Republic of Kazakhstan which i) require 
or  favour  the  adoption  of  agreements  between  undertakings,  decisions  by  associations  of 
undertakings  or  concerted  practices  that  prevent,  distort  or  restrict  competition  between  air 
carriers on the relevant routes; or ii) reinforce the effects of any such agreement, decision or 
concerted  practice;  or  iii)  delegate  to  air  carriers  or  other  private  economic  operators  the 
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, 

HAVE AGREED AS FOLLOWS:  

ARTICLE 1 

General provisions 

1. 

2. 

3. 

4. 

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. 

This Agreement shall not create additional traffic rights beyond  those  laid down in 
bilateral arrangements. The granting of traffic rights will continue to be carried out 
through bilateral arrangements. 

ARTICLE 2 

Designation by a Member State 

1. 

The  provisions  in  paragraphs  2  and  3  of  this  Article  shall  supersede  the 
corresponding provisions in the articles listed in Annex 2 (a) and (b) respectively, in 
relation  to  the  designation  of  an  air  carrier  by  the  Member  State  concerned,  its 

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authorisations  and  permissions  granted  by  the  Republic  of  Kazakhstan,  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,  the  Republic  of  Kazakhstan  shall 
grant  the  appropriate  authorisations  and  permissions  with  minimum  procedural 
delay, provided that:  

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 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 

the air carrier is owned, directly or through majority ownership, and it is 
effectively  controlled  by  Member  States  and/or  nationals  of  Member 
States, and/or by other states listed in Annex 3 and/or nationals of such 
other states. 

3. 

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

i. 

ii. 

iii. 

iv. 

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. 

the air carrier is already authorised to operate under a bilateral agreement 
between  the  Republic  of  Kazakhstan  and  another  Member  State  of  the 
European Union, and  

v.  Kazakhstan can demonstrate that, by exercising traffic  rights  on  a  route 
that includes a point in that other Member State of the European Union, 
the  air  carrier  would  be  circumventing  restrictions  on  the  traffic  rights 
imposed by that other agreement referred to in point iv. 

In exercising its right under this paragraph, the Republic of Kazakhstan shall not discriminate 
between Community air carriers on the grounds of nationality. 

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ARTICLE 3 

Safety 

1. 

2. 

1. 

2. 

1. 

2. 

The  provisions  in  paragraph  2  of  this  Article  shall  complement  the  corresponding 
provisions in the articles listed in Annex II (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  Republic  of 
Kazakhstan under the safety provisions of the agreement between the Member State 
that has designated the air carrier and the Republic of Kazakhstan 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 II (d).  

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

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 II (e).  

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

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ARTICLE 6 

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Compatibility with competition rules 

1. 

Notwithstanding  any  other  provision  to  the  contrary,  nothing  in  each  of  the 
agreements  listed  in  Annex  I  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. 

2. 

The  provisions  contained in  the agreements listed in  Annex  I 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. 

3. 

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  Republic  of 
Kazakhstan 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. 

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ARTICLE 10 

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Termination 

1. 

2. 

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

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

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

Done at [….] 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,  Kazakh  and 
Russian languages. 

FOR THE EUROPEAN COMMUNITY: 

FOR THE REPUBLIC OF KAZAKHSTAN: 

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Annex I  

List of agreements referred to in Article 1 of this Agreement 

(a) 

Air service agreements between the Republic of Kazakhstan and Member States 
of the European Community which, at the date of signature of this Agreement, 
have been concluded, signed and/or are being applied provisionally 

– 

– 

– 

– 

– 

– 

– 

– 

Air  Transport  Agreement  between  the  Government  of  the  Republic  of 
Austria  and  the  Government  of  the  Republic  of  Kazakhstan  signed  at 
Almaty  on  26  April  1993,  hereinafter  referred  to  “Kazakhstan  -  Austria 
Agreement” in Annex II; 

Agreement  between  the  Government  of  the  Kingdom  of  Belgium  and  the 
Government of the Republic of Kazakhstan relating to Air Services signed 
at  Brussels  on  27  June  2000,  hereinafter  referred  to  “Kazakhstan  -  Belgium 
Agreement” in Annex 2; 

Agreement  between  the  Government  of  the  Republic  of  Bulgaria  and  the 
Government of the Republic of Kazakhstan relating to Air Services signed 
at Sofia on 15 September 1999, hereinafter referred to “Kazakhstan - Bulgaria 
Agreement” in Annex II; 

Air  Services  Agreement  between  the  Government  of  the  Kingdom  of 
Denmark and the Government of the Republic of Kazakhstan initialled at 
Almaty  on  26  April  1993,  hereinafter  referred  to  “Kazakhstan  –  Denmark 
Agreement” in Annex II; 

Agreement  between  the  Government  of  the  Republic  of  Estonia  and  the 
Government  of  the  Republic  of  Kazakhstan  relating  to  Air  Services 
initialled  at  Astana  on  26  April  2001,  hereinafter  referred  to  “Kazakhstan  - 
Estonia Agreement” in Annex II; 

Air Services Agreement between the Government of the Republic of Finland 
and the Government of the Republic of Kazakhstan signed at Almaty on 7 
February1996,  hereinafter  referred  to  “Kazakhstan  -  Finland  Agreement”  in 
Annex II; 

Air  Services  Agreement  between  the  Government  of  the  French  Republic 
and the Government of the Republic of Kazakhstan initialled at Paris on 21 
October  1994,  hereinafter  referred  to  “Kazakhstan  –  France  Agreement”  in 
Annex II; 

Air Transport Agreement between the Government of the Federal Republic 
of Germany and the Government of the Republic of Kazakhstan signed at 
Bonn  on  15  March  1996,  hereinafter  referred  to  “Kazakhstan  -  Germany 
Agreement” in Annex II; 

Last modified by Protocol done at Bonn on 6 and 7 June 2000; 

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– 

– 

– 

– 

– 

Air  Services  Agreement  between  the  Government  of  the  Republic  of 
Hungary  and  the  Government  of  the  Republic  of  Kazakhstan  signed  at 
Almaty  on  9  March  1995,  hereinafter  referred  to  “Kazakhstan  -  Hungary 
Agreement” in Annex II; 

Air  Services  Agreement  between  the  Government  of  the  Kingdom  of  the 
Netherlands and the Government of the Republic of Kazakhstan signed at 
The  Hague  on  27  November  2002,  hereinafter  referred  to  “Kazakhstan  - 
Netherlands Agreement” in Annex II; 

Air Services Agreement between the Government of the Republic of Latvia 
and  the  Government  of  the  Republic  of  Kazakhstan  signed  at  Almaty  on 
19.5.1998, hereinafter referred to “Kazakhstan - Latvia Agreement” in Annex 
II; 

Air  Services  Agreement  between  the  Government  of  the  Republic  of 
Lithuania  and  the  Government  of  the  Republic  of  Kazakhstan  signed  at 
Vilnius  on  21  July  1993,  hereinafter  referred  to  “Kazakhstan  -  Lithuania 
Agreement” in Annex II; 

Air Services Agreement between the Government of the Republic of Poland 
and the Government of the Republic of Kazakhstan signed at Warsaw on 27 
January  1997,  hereinafter  referred  to  “Kazakhstan  -  Poland  Agreement”  in 
Annex II; 

Last modified by Exchange of Notes on 21 December 1998 and 8 February 1999; 

– 

– 

Air  Services  Agreement  between  the  Government  of  the  Kingdom  of 
Sweden  and  the  Government  of  the  Republic  of  Kazakhstan  initialled  at 
Almaty  on  26  April  1993,  hereinafter  referred  to  “Kazakhstan  –  Sweden 
Agreement” in Annex II; 

Air Services Agreement between the Government of the United Kingdom of 
Great Britain and Northern Ireland and the Government of the Republic 
of  Kazakhstan  done  at  London  on  21  March  1994,  hereinafter  referred  to 
“Kazakhstan – United Kingdom Agreement” in Annex II; 

Modified by Exchange of Notes on 2 February 1998 and 4 June 1998 

Last  modified  by  Memorandum  of  Understanding  done  at  Astana  on  29  November 
2000; 

(b) 

Air  service  agreements  and  other  arrangements  initialled  or  signed  between 
Kazakhstan 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 

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Annex II 

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 4, Paragraph 1 of the Kazakhstan – Bulgaria Agreement; 

Article 3, Paragraph 4 of the Kazakhstan – Denmark Agreement 

Article 3, Paragraph 4 of the Kazakhstan – Estonia Agreement; 

Article 4, Paragraph 3 of the Kazakhstan – France Agreement; 

Article 3, Paragraph 5 of the Kazakhstan – Hungary Agreement; 

Article 3, Paragraph 5 of the Kazakhstan – Netherlands Agreement; 

Article 4, Paragraph 5 of the Kazakhstan – Latvia Agreement; 

Article 4, Paragraph 5 of the Kazakhstan – Lithuania Agreement; 

Article 3, Paragraph 5 of the Kazakhstan – Poland Agreement; 

Article 3, Paragraph 4 of the Kazakhstan – Sweden Agreement; 

Article 4, Paragraph 4 of the Kazakhstan – United Kingdom Agreement; 

(b) 

Refusal,  Revocation,  Suspension  or  Limitation  of  Authorisations  or 
Permissions: 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

Article 5, Paragraph 1 d of the Kazakhstan – Belgium Agreement; 

Article 5, Paragraph 1 a of the Kazakhstan – Bulgaria Agreement; 

Article 4, Paragraph 1 a of the Kazakhstan – Denmark Agreement;  

Article 4, Paragraph 1 a of the Kazakhstan – Estonia Agreement;  

Article 5, Paragraph 1 of the Kazakhstan – France Agreement; 

Article 4, Paragraph 1 a of the Kazakhstan – Finland Agreement; 

Article 4, Paragraph 1 a of the Kazakhstan – Hungary Agreement; 

Article 4, Paragraph 1 a of the Kazakhstan – Netherlands Agreement; 

Article 5, Paragraph 1 a of the Kazakhstan - Latvia Agreement; 

Article 5, Paragraph 1 a of the Kazakhstan – Lithuania Agreement; 

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– 

– 

– 

Article 4, Paragraph 1 a of the Kazakhstan – Poland Agreement; 

Article 4, Paragraph 1 a of the Kazakhstan – Sweden Agreement; 

Article 5, Paragraph 1 a of the Kazakhstan – United Kingdom Agreement; 

(c) 

Safety: 

– 

– 

– 

– 

– 

– 

– 

– 

Article 7 of the Kazakhstan – Belgium Agreement; 

Article 6 of the Kazakhstan – Estonia Agreement; 

Article 9 of the Kazakhstan – France Agreement; 

Article 7 of the Kazakhstan – Hungary Agreement, 

Article 11 of the Kazakhstan – Netherlands Agreement; 

Article 8 of the Kazakhstan – Latvia Agreement; 

Article 8 of the Kazakhstan – Lithuania Agreement; 

Article 7 of the Kazakhstan – Poland Agreement; 

(d) 

Taxation of Aviation Fuel: 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

Article 10 of the Kazakhstan – Belgium Agreement; 

Article 17 of the Kazakhstan – Bulgaria Agreement; 

Article 6 of the Kazakhstan – Denmark Agreement;  

Article 8 of the Kazakhstan – Estonia Agreement; 

Article 11 of the Kazakhstan – France Agreement; 

Article 6 of the Kazakhstan – Finland Agreement; 

Article 8 of the Kazakhstan – Hungary Agreement; 

Article 6 of the Kazakhstan – Germany Agreement; 

Article 8 of the Kazakhstan –Netherlands Agreement; 

Article 12 of the Kazakhstan – Latvia Agreement; 

Article 12 of the Kazakhstan – Lithuania Agreement; 

Article 8 of the Kazakhstan - Poland Agreement; 

Article 6 of the Kazakhstan – Sweden Agreement; 

Article 8 of the Kazakhstan – United Kingdom Agreement 

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(e) 

Tariffs for Carriage within the European Community: 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

Article 13 of the Kazakhstan – Belgium Agreement; 

Article 11 of the Kazakhstan – Bulgaria Agreement; 

Article 11 of the Kazakhstan – Denmark Agreement; 

Article 13 of the Kazakhstan – Estonia Agreement; 

Article 11 of the Kazakhstan – Finland Agreement; 

Article 17 of the Kazakhstan – France Agreement; 

Article 10 of the Kazakhstan – Germany Agreement; 

Article 11 of the Kazakhstan – Hungary Agreement; 

Article 12 of the Kazakhstan – Netherlands Agreement; 

Article 11 of the Kazakhstan – Latvia Agreement; 

Article 11 of the Kazakhstan – Lithuania Agreement; 

Article 11 of the Kazakhstan – Poland Agreement; 

Article 11 of the Kazakhstan – Sweden Agreement; 

Article 7 of the Kazakhstan – United Kingdom Agreement; 

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ANNEX III 

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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