Agreement between the European Community and the Hashemite Kingdom of Jordan on certain aspects of air services
Date: 2008-02-25
Institutions: European Community, Jordan
Subjects: Jordan, agreement (EU), air transport

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between the European Community and the Hashemite Kingdom of Jordan on certain aspects of air
services

AGREEMENT

THE EUROPEAN COMMUNITY,

of the one part, and

THE HASHEMITE KINGDOM OF JORDAN,

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 Hashemite Kingdom of Jordan 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,

the European
RECOGNISING that provisions of
Community and the Hashemite Kingdom of
Jordan, which are contrary to European Community law, must be
brought into full conformity with it in order to establish a sound legal basis for air services between the European
Community and the Hashemite Kingdom of Jordan and to preserve the continuity of such air services,

the bilateral air service agreements between Member States of

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 Hashemite Kingdom of Jordan 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,

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

HAVE AGREED AS FOLLOWS:

Article 1

General provisions

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

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

1.
mean Member States of the European Community.

2.
References in each of the agreements listed in Annex 1 to
nationals of the Member State that is a party to that agreement

3.
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.

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The granting of traffic rights shall continue to be carried
through bilateral arrangements between the Hashemite

4.
out
Kingdom of Jordan and Member States.

nautical
designation; or

authority

is not

clearly

identified

in the

Article 2

Designation by a Member State

(iii) the air carrier is not owned and effectively controlled
directly or through majority ownership 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 provisions in paragraphs 2 and 3 of this Article shall
1.
supersede the corresponding provisions in the articles listed in
Annex 2(a) and (b) respectively, in relation to the designation of
an air carrier by the Member State concerned, its authorisations
and permissions granted by the Hashemite Kingdom of Jordan,
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,

the
2.
Hashemite Kingdom of
the appropriate
authorisations and permissions with minimum procedural
delay, provided that:

Jordan shall grant

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

(ii) effective regulatory control of the air carrier is exercised
and maintained by the Member State responsible for
issuing its Air Operators Certificate and the relevant aero-
nautical authority is clearly identified in the designation;
and

(iii) the air carrier

through majority
is owned directly or
ownership and 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 Hashemite Kingdom of Jordan may refuse, revoke,
suspend or limit the authorisations or permissions of an air
carrier designated by a Member State where:

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

accordance with

in

(iv) the air carrier is already authorised to operate under a
bilateral agreement between the Hashemite Kingdom of
Jordan and another Member State and 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 traffic rights imposed by the
bilateral agreement between the Hashemite Kingdom of
Jordan and that other Member State; or

(v) the air carrier designated holds an Air Operators Certificate
issued by a Member State and there is no bilateral air
services agreement between the Hashemite Kingdom of
Jordan and that Member State and that Member State has
denied traffic rights to the air carrier designated by the
Hashemite Kingdom of Jordan.

In exercising its right under this paragraph,
Kingdom of
Community air carriers on the grounds of nationality.

discriminate

Jordan

shall

not

the Hashemite
between

Article 3

Rights with regard to regulatory control

The provisions

1.
complement the articles listed in Annex 2(c).

in paragraph 2 of

this Article shall

2. Where a Member State has designated an air carrier whose
regulatory control
is exercised and maintained by another
Member State, the rights of the Hashemite Kingdom of Jordan
the agreement between the
under the safety provisions of
Member State that has designated the air carrier and the
Hashemite Kingdom of Jordan 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

(ii) effective regulatory control of the air carrier is not exercised
or not maintained by the Member State responsible for
issuing its Air Operators Certificate, or the relevant aero-

The provisions

1.
this Article shall
complement the corresponding provisions in the articles listed
in Annex 2(d).

in paragraph 2 of

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Notwithstanding any other provision to the contrary,
2.
nothing in each of the agreements listed in Annex 2(d) shall
prevent a Member State from imposing taxes, levies, duties, fees
or charges on fuel supplied in its territory for use in an aircraft
of a designated air carrier of the Hashemite Kingdom of Jordan
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

1.
complement the articles listed in Annex 2(e).

in paragraph 2 of

this Article shall

2.
The tariffs to be charged by the air carrier(s) designated by
the Hashemite Kingdom of Jordan 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

1.
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,
concerted
decisions by
practices that prevent or distort competition; (ii) reinforce the
effects of any such agreement, decision or concerted practice; or
(iii) delegate to private economic operators the responsibility for
taking measures that prevent, distort or restrict competition.

associations of undertakings or

The provisions contained in the agreements listed in
this

2.
Annex 1 that are incompatible with paragraph 1 of
Article shall not be applied.

Article 7

Annexes to the Agreement

The Annexes to this Agreement shall
thereof.

form an integral part

Article 8

Revision or amendment

The Parties may, at any time, revise or amend this Agreement
by mutual consent.

Article 9

Entry into force and provisional application

This Agreement shall enter in force when the Parties have
their respective internal
its entry into force have been

1.
notified each other in writing that
procedures necessary for
completed.

Notwithstanding paragraph 1, the Parties agree to provi-
2.
sionally apply this Agreement from the first day of the month
following the date on which the Parties have notified each other
of the completion of the procedures necessary for this purpose.

3.
Agreements and other arrangements between Member
States and the Hashemite Kingdom of Jordan 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 appli-
cation.

Article 10

Termination

In the event

that an agreement

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

2.
In the event that all agreements listed in Annex 1 are
terminated, this Agreement shall terminate at the same time.

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

Done at Brussels in duplicate, on the twenty-fifth day of
February in the year
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 Arabic languages.

two thousand and eight,

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За Европейската общност
Por la Comunidad Europea
Za Evropské společenství
For Det Europæiske Fællesskab
Für die Europäische Gemeinschaft
Euroopa Ühenduse nimel
Για την Ευρωπαϊκή Κοινότητα
For the European Community
Pour la Communauté européenne
Per la Comunità europea
Eiropas Kopienas vārdā
Europos bendrijos vardu
az Európai Közösség részéről
Għall-Komunità Ewropea
Voor de Europese Gemeenschap
W imieniu Wspólnoty Europejskiej
Pela Comunidade Europeia
Pentru Comunitatea Europeană
Za Európske spoločenstvo
Za Evropsko skupnost
Euroopan yhteisön puolesta
För Europeiska gemenskapen

За Хашемитското кралство Йордания
Por el Reino Hachemí de Jordania
Za Jordánské hášimovské království
For Det Hashemitiske Kongerige Jordan
Für das Haschemitische Königreich Jordanien
Jordaania Hašimiidi Kuningriigi nimel
Για το Χασεμιτικό Βασίλειο της Ιορδανίας
For the Hashemite Kingdom of Jordan
Pour le Royaume hachémite de Jordanie
Per il Regno Hashemita di Giordania
Jordānijas Hāšimītu Karalistes vārdā
Jordanijos Hašimitų Karalystės vardu
A Jordán Hasimita Királyság részéről
Għar-Renju Haxemit tal-Ġordan
Voor het Hasjemitisch Koninkrijk Jordanië
W imieniu Jordańskiego Królestwa Haszymidzkiego
Pelo Reino Hachemita da Jordânia
Pentru Regatul Hașemit al Iordaniei
Za Jordánske hašimovské královstvo
Za Hašemitsko kraljevino Jordanijo
Jordanian hašemiittisen kuningaskunnan puolesta
För Hashemitiska konungariket Jordanien

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ANNEX 1

List of agreements referred to in Article 1 of this Agreement

(a) Air service agreements between the Hashemite Kingdom of Jordan 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 Austrian Federal Government and the Government of the Hashemite
Kingdom of Jordan signed at Vienna on 16 June 1976, hereinafter referred to as ‘Jordan – Austria Agreement’
in Annex 2;

Amended by the Exchange of Notes dated 23 May and 8 July 1993;

Supplemented by the Confidential Memorandum of Understanding done at Amman on 29 October 1997.

— Agreement between the Government of the Kingdom of Belgium and the Government of the Hashemite Kingdom
of Jordan for the establishment of scheduled air services between and beyond their respective territories, signed at
Amman on 19 October 1960, hereinafter referred to as ‘Jordan – Belgium Agreement’ in Annex 2;

Supplemented by the Confidential Memorandum of Understanding done at Amman on 15 September 1994.

— Agreement between the Government of the Republic of Bulgaria and the Government of the Hashemite Kingdom
of Jordan for air services between and beyond their respective territories, signed at Sofia on 25 August 2001,
hereinafter referred to as ‘Jordan – Bulgaria Agreement’ in Annex 2.

— Agreement between the Republic of Cyprus and the Hashemite Kingdom of Jordan on commercial scheduled air
transport, signed at Amman on 23 April 1967, hereinafter referred to as ‘Jordan – Cyprus Agreement’ in Annex 2.

— Agreement between the Government of the Czech Republic and the Government of the Hashemite Kingdom of
Jordan concerning Air Services, signed at Amman on 20 September 1997, hereinafter referred to as ‘Jordan –
Czech Republic Agreement’ in Annex 2.

— Agreement between the Government of the Kingdom of Denmark and the Government of the Hashemite
Kingdom of Jordan for the establishment of scheduled air services between and beyond their respective territories,
signed at Amman on 7 December 1961, hereinafter referred to as ‘Jordan – Denmark Agreement’ in Annex 2.

— Agreement between the Government of the Republic of Finland and the Government of the Hashemite Kingdom
of Jordan for air services between their respective territories, signed at Helsinki on 11 April 1978, hereinafter
referred to as ‘Jordan – Finland Agreement’ in Annex 2.

— Agreement between the French Republic and the Hashemite Kingdom of Jordan relating to Air Services, signed at

Amman on 30 April 1966, hereinafter referred to as ‘Jordan – France Agreement’ in Annex 2;

Supplemented by the Memorandum of Understanding done at Paris on 16 November 2000.

— Air Transport Agreement between the Federal Republic of Germany and the Hashemite Kingdom of Jordan, signed
at Bonn on 29 January 1970, as amended, hereinafter referred to as ‘Jordan – Germany Agreement’ in Annex 2.

— Agreement between the Government of the Kingdom of Greece and the Government of the Hashemite Kingdom
of Jordan on commercial scheduled Air Services, signed at Athens on 17 April 1967, hereinafter referred to as
‘Jordan – Greece Agreement’ in Annex 2.

— Agreement between the Government of Ireland and the Government of the Hashemite Kingdom of Jordan on Air
Transport, initialled on 19 March 1998, hereinafter referred to as ‘Jordan – Ireland Agreement’ in Annex 2.

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— Agreement between the Government of the Italian Republic and the Government of the Hashemite Kingdom of
Jordan for the establishment and operation of scheduled air services, signed at Rome on 28 March 1980, here-
inafter referred to as ‘Jordan – Italy Agreement’ in Annex 2;

To be read together with the Confidential Memorandum of Understanding of 25 June 1978;

Amended by the Exchange of Notes dated 12 July and 11 September 1996.

— Agreement between the Government of the Grand Duchy of Luxembourg and the Government of the Hashemite
Kingdom of Jordan for the establishment and operation of scheduled Air Services between and beyond their
respective Territories, signed at Amman on 9 April 1962, hereinafter referred to as ‘Jordan – Luxembourg
Agreement’ in Annex 2.

— Draft Agreement between the Government of Malta and the Government of the Hashemite Kingdom of Jordan for
air services between and beyond their respective territories, initialled and attached, in the form of Attachment C, to
the Memorandum of Understanding done at Amman on 28 September 1999, hereinafter referred to as ‘Draft
Jordan – Malta Agreement’ in Annex 2.

— Agreement between the Government of the Kingdom of the Netherlands and the Government of the Hashemite
Kingdom of Jordan for the establishment and operation of scheduled air services between and beyond their
respective territories, signed at Amman on 24 August 1961, hereinafter referred to as ‘Jordan – Netherlands
Agreement’ in Annex 2.

— Agreement between the Government of the Republic of Poland and the Government of the Hashemite Kingdom
of Jordan concerning Air Services signed at Amman on 22 November 1993, hereinafter referred to as ‘Jordan –
Poland Agreement’ in Annex 2.

— Air Transport Agreement between the Government of Portugal and the Government of the Hashemite Kingdom of
initialled and attached to the Memorandum of Understanding signed at Lisbon on 29 January 1982,

Jordan,
hereinafter referred to as ‘Draft Jordan – Portugal Agreement’ in Annex 2.

— Agreement between the Government of the Socialist Republic of Romania and the Government of the Hashemite
Kingdom of Jordan relating to civil air transport, signed at Bucharest on 17 September 1975, hereinafter referred
to as ‘Jordan – Romania Agreement’ in Annex 2.

— Air Transport Agreement between the Government of the Kingdom of Spain and the Government of the
Hashemite Kingdom of Jordan, signed at Madrid on 18 May 1977, hereinafter referred to as ‘Jordan – Spain
Agreement’ in Annex 2.

— Agreement between the Government of the Kingdom of Sweden and the Government of the Hashemite Kingdom
of Jordan for the establishment of scheduled air services between and beyond their respective territories, signed at
Amman on 9 January 1961, hereinafter referred to as ‘Jordan – Sweden Agreement’ in Annex 2.

— Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the
Government of the Hashemite Kingdom of Jordan for air services between and beyond their respective territories,
signed at Amman on 9 August 1969, hereinafter referred to as ‘Jordan – UK Agreement’ in Annex 2.

— Draft Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the
Government of the Hashemite Kingdom of Jordan concerning Air Services, initialled and attached, in the form of
Annex B, to the Memorandum of Understanding done at Amman on 13 July 1995, hereinafter referred to as
‘Draft Revised Jordan – UK Agreement’ in Annex 2.

(b) Air service agreements and other arrangements initialled or signed between Jordan 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

[intentionally left blank]

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ANNEX 2

List of articles in the agreements listed in Annex 1 and referred to in Articles 2 to 5 of this Agreement

(a) Designation by a Member State:

— Article 3 of the Jordan – Austria Agreement;

— Article 2 of the Jordan – Belgium Agreement;

— Article 3 of the Jordan – Bulgaria Agreement;

— Article 3 of the Jordan – Cyprus Agreement;

— Article 3 of the Jordan – Czech Republic Agreement;

— Article 2 of the Jordan – Denmark Agreement;

— Article 3 of the Jordan – Finland Agreement;

— Article 3 of the Jordan – Germany Agreement;

— Article 3 of the Jordan – Greece Agreement;

— Article 3 of the Jordan – Ireland Agreement;

— Article 3 of the Jordan – Italy Agreement;

— Article 3 of the Draft Jordan – Malta Agreement;

— Article 2 of the Jordan – Netherlands Agreement;

— Article 3 of the Jordan – Poland Agreement;

— Article 3 of the Draft Jordan – Portugal Agreement;

— Article 3 of the Jordan – Romania Agreement;

— Article 3 of the Jordan – Spain Agreement;

— Article 2 of the Jordan – Sweden Agreement;

— Article 3 of the Jordan – UK Agreement;

— Article 4 of the Draft Revised Jordan – UK Agreement.

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

— Article 4 of the Jordan – Austria Agreement;

— Article 5 of the Jordan – Belgium Agreement;

— Article 3 of the Jordan – Bulgaria Agreement;

— Article 6 of the Jordan – Cyprus Agreement;

— Article 3 of the Jordan – Czech Republic Agreement;

— Article 3 of the Jordan – Denmark Agreement;

— Article 3 and 4 of the Jordan – Finland Agreement;

— Article 6 of the Jordan – France Agreement;

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— Article 4 of the Jordan – Germany Agreement;

— Article 6 of the Jordan – Greece Agreement;

— Article 3 of the Jordan – Ireland Agreement;

— Article 3 of the Jordan – Italy Agreement;

— Article 5 of the Jordan – Luxembourg Agreement;

— Article 4 of the Draft Jordan – Malta Agreement;

— Article 5 of the Jordan – Netherlands Agreement;

— Article 3 of the Jordan – Poland Agreement;

— Article 3 and 4 of the Draft Jordan – Portugal Agreement;

— Article 4 of the Jordan – Romania Agreement;

— Article 4 of the Jordan – Spain Agreement;

— Article 3 of the Jordan – Sweden Agreement;

— Article 4 of the Jordan – UK Agreement;

— Article 5 of the Draft Revised Jordan – UK Agreement.

(c) Regulatory control:

— Article 7 of the Draft Jordan – Malta Agreement.

(d) Taxation of aviation fuel:

— Article 8 of the Jordan – Austria Agreement;

— Article 3 of the Jordan – Belgium Agreement;

— Article 9 of the Jordan – Bulgaria Agreement;

— Article 7 of the Jordan – Cyprus Agreement;

— Article 8 of the Jordan – Czech Republic Agreement;

— Article 4 of the Jordan – Denmark Agreement;

— Article 5 of the Jordan – Finland Agreement;

— Article 3 of the Jordan – France Agreement;

— Article 6 of the Jordan – Germany Agreement;

— Article 7 of the Jordan – Greece Agreement;

— Article 13 of the Jordan – Ireland Agreement;

— Article 5 of the Jordan – Italy Agreement;

— Article 3 of the Jordan – Luxembourg Agreement;

— Article 5 of the Draft Jordan – Malta Agreement;

— Article 3 of the Jordan – Netherlands Agreement;

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— Article 8 of the Jordan – Poland Agreement;

— Article 6 of the Draft Jordan – Portugal Agreement;

— Article 8 of the Jordan – Romania Agreement;

— Article 5 of the Jordan – Spain Agreement;

— Article 4 of the Jordan – Sweden Agreement;

— Article 5 of the Jordan – UK Agreement;

— Article 8 of the Draft Revised Jordan – UK Agreement.

(e) Tariffs for Carriage within the European Community:

— Article 10 of the Jordan – Austria Agreement;

— Article 6 of the Jordan – Belgium Agreement;

— Article 11 of the Jordan – Bulgaria Agreement;

— Article 10 of the Jordan – Cyprus Agreement;

— Article 10 of the Jordan – Czech Republic Agreement;

— Article 7 of the Jordan – Denmark Agreement;

— Article 8 of the Jordan – Finland Agreement;

— Article 16 of the Jordan – France Agreement;

— Article 9 of the Jordan – Germany Agreement;

— Article 9 of the Jordan – Greece Agreement;

— Article 7 of the Jordan – Ireland Agreement;

— Article 8 of the Jordan – Italy Agreement;

— Article 6 of the Jordan – Luxembourg Agreement;

— Article 10 of the Draft Jordan – Malta Agreement;

— Article 6 of the Jordan – Netherlands Agreement;

— Article 10 of the Jordan – Poland Agreement;

— Article 9 of the Draft Jordan – Portugal Agreement;

— Article 7 of the Jordan – Romania Agreement;

— Article 11 of the Jordan – Spain Agreement;

— Article 7 of the Jordan – Sweden Agreement;

— Article 8 of the Jordan – UK Agreement;

— Article 7 of the Draft Revised Jordan – UK Agreement.

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ANNEX 3

List of other States referred to in Article 2 of this Agreement

(a) The Republic of Iceland (under the Agreement on the European Economic Area);

(b) The Principality of Liechtenstein (under the Agreement on the European Economic Area);

(c) The Kingdom of Norway (under the Agreement on the European Economic Area);

(d) The Swiss Confederation (under the Agreement between the European Community and the Swiss Confederation on

Air Transport).