Proposal for a COUNCIL DECISION on the conclusion of the Agreement between the European Community and the State of Israel on certain aspects of air services Proposal for a COUNCIL DECISION on the signature and provisional application of the Agreement between the European Community and the State of Israel on certain aspects of air services
Date: 2008-04-09
Institutions: Provisional data
Subjects: EU Member State, Israel, agreement (EU), air transport, foreign policy, transport policy

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 9.4.2008 
COM(2008) 178 final 

2008/0068 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Community and the State of 
Israel on certain aspects of air services 

Proposal for a 

COUNCIL DECISION 

on the signature and provisional application of the Agreement between the European 
Community and the State of Israel on certain aspects of air services 

 (presented by the Commission) 

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EXPLANATORY MEMORANDUM 

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Context of the proposal 

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 
the bilateral air services agreements between Member States and the State of Israel. 

Consistency with the other policies and objectives of the Union 

The Agreement will serve a fundamental objective of the Community external aviation 
policy  by  bringing  existing  bilateral  air  services  agreements  in  line  with  Community 
law. 

1 

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

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2 

Consultation of interested parties and impact assessment 

Consultation of interested parties 

211 

212 

3 

305 

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. 

Legal elements of the proposal 

Summary of the proposed action 

two 

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

310 

Legal basis 

EC Treaty Art. 80(2), 300(2) 

329 

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 

342 

The  Agreement  between  the  Community  and  the  State  of  Israel  is  the  most  efficient 

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4 

409 

5 

510 

511 

512 

570 

instrument  to  bring  all  existing  bilateral  air  services  agreements  between  Member 
States and the State of Israel into conformity with Community law. 

Budgetary implication 

The proposal has no implication for the Community budget. 

Additional information 

Simplification 

The proposal provides for simplification of legislation. 

The  relevant  provisions  of  bilateral  air  services  agreements  between  Member  States 
and the State of Israel 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 State of Israel 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 State of Israel 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 
State  of  Israel  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 State of Israel on certain aspects of air services subject 
to its conclusion at a later date. 

Pending  its  entry  into  force,  the  Agreement  shall  be  applied  provisionally  from  the 
first day of the first month following the date on which the parties have notified each 
other of the completion of the necessary procedures for this purpose. The President 
of the Council is hereby authorised to make the notification provided for in Article 
9(2) of the Agreement. 

2 

OJ C , , p. . 

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3. 

The text of the Agreement is attached to this Decision. 

Done at Brussels,  

For the Council 
The President 

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2008/0068 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Community and the State of 
Israel 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 
State  of  Israel  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 State of Israel on certain 
aspects of air services is hereby approved on behalf of the Community. 

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

1. 

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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 State of Israel 

on certain aspects of air services 

THE EUROPEAN COMMUNITY  

of the one part, and  

THE STATE OF ISRAEL  

(hereinafter referred to as “Israel”) 

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

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

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

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

HAVE AGREED AS FOLLOWS:  

ARTICLE 1 

General provisions 

1. 

2. 

3. 

1. 

For the purposes of this Agreement, ‘Member States’ shall mean Member States of 
the European Community.  

References in each of the agreements listed in Annex 1 to nationals of the Member 
State that is a party to that agreement shall be understood as referring to nationals of 
the Member States of the European Community. 

References in each of the agreements listed in Annex 1 to air carriers or airlines of 
the Member State that is a party to that agreement shall be understood as referring to 
air carriers or airlines designated by that Member State. 

ARTICLE 2 

Designation by a Member State 

The  provisions  in  paragraphs  2  and  3  of  this  Article  shall  supersede  the 
corresponding provisions in the articles listed in Annex 2 (a) and (b) respectively, in 
relation  to  the  designation  of  an  air  carrier  by  the  Member  State  concerned,  its 
authorisations  and  permissions  granted  by  Israel,  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,  Israel  shall  grant  the  appropriate 
authorisations and permissions with minimum procedural delay, provided that: 

i. 

ii. 

the  air  carrier  is  established  in  the  territory  of  the  designating  Member 
State  under  the  Treaty  establishing  the  European  Community  and  has  a 
valid Operating Licence in accordance with European Community law;  

effective regulatory control of the air carrier is exercised and maintained 
by the Member State responsible for issuing its Air Operator’s Certificate 

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and  the  relevant  aeronautical  authority  is  clearly  identified  in  the 
designation; and 

iii. 

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

3. 

Israel 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; or 

the air carrier is already authorised to operate under a bilateral agreement 
between  Israel  and  another  Member  State,  and  Israel  can  demonstrate 
that  by  exercising  traffic  rights  under  this  Agreement  on  a  route  that 
includes  a  point  in  that  other  Member  State,  the  air  carrier  would  be 
circumventing  restrictions  on  traffic  rights  imposed  by  the  bilateral 
agreement between Israel and that other Member State. 

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

ARTICLE 3 

Safety 

1. 

2. 

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

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

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ARTICLE 4 

Taxation of aviation fuel 

1. 

2. 

3. 

1. 

2. 

1. 

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

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

Notwithstanding  any  other  provision  to  the  contrary,  nothing  in  each  of  the 
agreements  listed  in  Annex  2  (d)  shall  prevent  Israel  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  a  Member  State  that 
operates between a point in the territory of Israel and a point in the territory of the 
Member State. 

ARTICLE 5 

Tariffs for carriage within the European Community 

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

The tariffs to be charged by the air carrier(s) designated by Israel under an agreement 
listed  in  Annex  1  containing  a  provision  listed  in  Annex  2  (e)  for  carriage  wholly 
within the European Community shall be subject to European Community law.  

ARTICLE 6 

Compatibility with competition rules 

Notwithstanding  any  other  provision  to  the  contrary,  nothing  in  each  of  the 
agreements listed in Annex 1 shall (i) require or 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. 

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2. 

The provisions contained in the agreements listed in Annex 1 that are incompatible 
with paragraph 1 of this Article shall not be applied. 

ARTICLE 7 

Annexes to the Agreement 

The Annexes to this Agreement shall form an integral part thereof. 

ARTICLE 8 

Revision or amendment 

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

ARTICLE 9 

Entry into force and provisional application 

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 Israel which, at the 
date of signature of this Agreement, have not yet entered into force and are not being 
applied  provisionally  are  listed  in  Annex  1  (b).  This  Agreement  shall  apply  to  all 
such  Agreements  and  arrangements  upon  their  entry  into  force  or  provisional 
application. 

ARTICLE 10 

Termination 

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

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

1. 

2. 

3. 

1. 

2. 

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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,  Swedish  and  Hebrew 
languages. 

FOR THE EUROPEAN COMMUNITY: 

FOR THE STATE OF ISRAEL: 

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Annex 1 

List of agreements referred to in Article 1 of this Agreement 

(a) 

Air  service  agreements  between  Israel  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 State of Israel, done at Jerusalem on 2 August 1963, 
hereinafter referred to “Israel – Austria Agreement” in Annex 2; 

Last modified by the Agreed Minutes done at Tel-Aviv on 20 July 2005;   

– 

– 

– 

– 

– 

Agreement between the Belgian Government and the Government of Israel 
for  Air  Services  between  and  beyond  their  respective  Territories,  done  at 
Hakirya on 30 June 1952, hereinafter referred to “Israel – Belgium Agreement” 
in Annex 2;  

Air  Transport  Agreement  between  the  Government  of  the  Republic  of 
Bulgaria and the Government of the State of Israel for air services between 
and  beyond  their  respective  territories,  done  at  Sofia  on  25  March  1991, 
hereinafter referred to "Israel – Bulgaria Agreement" in Annex 2; 

Air Services Agreement between the Government of the Republic of Cyprus 
and  the  Government  of  the  State  of  Israel,  done  at  Jerusalem  on  21 
December 1993, hereinafter referred to " Israel-Cyprus Agreement" In Annex 
2; 

Air Transport Agreement between the Government of the Czech and Slovak 
Federal Republic and the Government of the State of Israel, in respect of 
which the Czech Republic declared that it considers itself to be bound by the 
provisions thereof, done at Jerusalem on 24 April 1991, hereinafter referred to 
“Israel – Czech Republic Agreement” in Annex 2; 

Agreement  between  the  Government  of  the  Kingdom  of  Denmark  and  the 
Government of the State of Israel relating to Air Services, done in Jerusalem 
on  18  April  1977,  hereinafter  referred  to  “Israel  –  Denmark  Agreement”  in 
Annex 2; 

To be read together with the Confidential  Memorandum  of Understanding  between 
the  Kingdom  of  Denmark,  Norway  and  Sweden  and  the  State  of  Israel  done  at 
Copenhagen on 11 February 1977; 

– 

Air Services Agreement between the Government of the Republic of Finland 
and the Government of the State of Israel, done at Helsinki on 24 June 1997, 
hereinafter referred to “Israel – Finland Agreement” in Annex 2; 

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– 

Air  Transport  Agreement  between  the  Government  of  the  Republic  of 
France and the Government of the State of Israel, done at Tel Aviv on 29 
April 1952, hereinafter referred to "Israel – France Agreement" in Annex 2; 

To be read together with the Memorandum of Understanding done at Tel Aviv on 29 
April 1952; 

Last modified by the Memorandum of Understanding done at Paris on 8 March 2007; 

– 

Air Transport Agreement between the Federal Republic of Germany and the 
State  of  Israel,  done  at  Bonn  on  12  February  1971,  hereinafter  referred  to 
“Israel – Germany Agreement” in Annex 2; 

To be read together with the Agreed Minutes done at Tel-Aviv on 2 August 2006; 

– 

– 

– 

– 

Agreement  between  the  Royal  Hellenic  Government  and  the  Government 
of the State of Israel on air services between their respective territories, done 
at Athens on 15 July 1952, hereinafter referred to “Israel – Greece Agreement” 
in Annex 2; 

Air  Transport  Agreement  between  the  Government  of  the  Hungarian 
People’s  Republic  and  the  Government  of  the  State  of  Israel,  done  at 
Jerusalem  on  1  March  1989,  hereinafter  referred  to  “Israel  –  Hungary 
Agreement” in Annex 2; 

Air Transport Agreement between the Government of the State of Israel and 
the  Government  of  Ireland,  done  at  Jerusalem  on  19  October  1993, 
hereinafter referred to "Israel-Ireland Agreement" in Annex 2; 

Agreement  between  the  Italian  Republic  and  the  State  of  Israel  on  air 
services  between  their  respective  territories,  done  at  Rome  on  18  May  1979, 
hereinafter referred to “Israel – Italy Agreement” in Annex 2; 

Last amended by the Agreed Minutes done at Tel-Aviv on 18 June 1998; 

– 

– 

– 

– 

Air Transport Agreement between the Government of the Republic of Latvia 
and the Government of the State of Israel, done at Jerusalem on 3 November 
1993, hereinafter referred to “Israel – Latvia Agreement” in Annex 2; 

Air Services Agreement between the Government of the State of Israel and 
the Government of the Republic of Lithuania, initialled and attached to the 
Agreed Minutes done at Jerusalem on 20 November 1997, hereinafter referred 
to “Israel – Lithuania Agreement” in Annex 2; 

Air  Transport  Agreement  between the  Government  of  the  Grand  Duchy  of 
Luxembourg  and  the  Government  of  the  State  of  Israel,  done  at 
Luxembourg  on  14  June  1994,  hereinafter  referred  to  "  Israel-Luxembourg 
Agreement" in Annex 2; 

Air Transport Agreement between the Government of the State of Israel and 
the  Government  of  Malta,  done  at  Jerusalem  on  20  February  1995, 
hereinafter referred to "Israel-Malta Agreement", in Annex 2; 

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Last  modified  by  the  Memorandum  of  Understanding  done  at  Malta  8  February 
1999; 

– 

Air  Transport  Agreement  between the  Government  of  the  Netherlands  and 
the Government of Israel, done at Jerusalem on 23 October 1950, hereinafter 
referred to “Israel – Netherlands Agreement” in Annex 2; 

Last  amended  by  the  Memorandum  of  Understanding  done  at  The  Hague  on  27 
November 1997; 

– 

– 

– 

Air  Transport  Agreement  between  the  Government  of  the  Republic  of 
Poland  and  the  Government  of  the  State  of  Israel,  done  at  Warsaw  on  27 
February 1990, hereinafter referred to “Israel – Poland Agreement” in Annex 
2; 

Air Transport Agreement between the Republic of Portugal and the State of 
Israel, done at Lisbon on 8 May 1997, hereinafter referred to "Israel-Portugal 
Agreement" in Annex 2; 

Air Transport Agreement between the Government of the Socialist Republic 
of Romania and the Government of the State of Israel, done in Israel on 19 
December  1967,  hereinafter  referred  to  "Israel  –  Romania  Agreement"  in 
Annex 2; 

Last modified by the Memorandum of Understanding done at Tel Aviv on 14 May 
1996; 

– 

– 

– 

Air  Transport  Agreement  between  the  Government  of  the  Slovak  Republic 
and the Government of the State of Israel, done at Bratislava on 22 August 
1994,  hereinafter  referred  to “Israel – Slovak Republic Agreement” in Annex 
2; 

Air Transport Agreement between the Republic of Slovenia and the State of 
Israel,  done  at  Ljubljana  on  16  June  1993,  hereinafter  referred  to  “Israel  – 
Slovenia Agreement” in Annex 2; 

Air  Transport  Agreement  between  the  Kingdom  of  Spain  and  the  State  of 
Israel,  done  at  Jerusalem  on  31  July  1989,  hereinafter  referred  to  “Israel  – 
Spain Agreement” in Annex 2; 

Last modified by the Agreed Minutes done at Madrid on 7 July 2005; 

– 

Agreement  between  the  Government  of  the  Kingdom  of  Sweden  and  the 
Government of the State of Israel relating to Air Services, done at Stockholm 
on 9 November 1977, hereinafter referred to “Israel – Sweden Agreement” in 
Annex 2; 

To be read together with the Confidential  Memorandum  of Understanding between 
the  Kingdom  of  Denmark,  Norway  and  Sweden  and  the  State  of  Israel  done  at 
Copenhagen on 11 February 1977; 

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– 

– 

Agreement  between  the  State  of  Israel  and  the  United  Kingdom  of  Great 
Britain  and  Northern  Ireland  concerning  air  services,  signed  at  London  on 
24 September 1975, hereinafter referred to as “Israel – UK 1975 Agreement”; 

Agreement  between  the  Government  of  the  State  of  Israel and  the 
Government  of  the  United  Kingdom  of  Great  Britain  and  Northern 
Ireland concerning  air  services,  done  at  Tel  Aviv  on  6  December  2001, 
hereinafter referred to as “Israel – UK 2001 Agreement”. 

To  be  read  together  with  the  Memorandum  of  Understanding  between  the 
aeronautical  authorities  of  Israel  and  the  United  Kingdom done  at  Tel  Aviv  on  6 
December 2001; 

Last  modified  by  the  Memorandum  of  Understanding  done  at  Jerusalem  on  10 
September 2007. 

(b) 

Air  service  agreements  and  other  arrangements  initialled  or  signed  between 
Israel  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 Israel – Austria Agreement; 

Article 3 of the Israel – Belgium Agreement; 

Article III of the Israel – Bulgaria Agreement; 

Article 4 of the Israel-Cyprus Agreement; 

Article III of the Israel – Czech Republic Agreement; 

Article 4 of the Israel – Denmark Agreement; 

Article 3 of the Israel –Finland Agreement; 

Article XIII of the Israel – France Agreement; 

Article 3 of the Israel – Germany Agreement; 

Article IV of the Israel – Greece Agreement; 

Article III of the Israel – Hungary Agreement; 

Article III of the Israel – Ireland Agreement; 

Article 4 of the Israel – Italy Agreement; 

Article 3 of the Israel – Latvia Agreement; 

Article III of the Israel – Lithuania Agreement; 

Article III of the Israel – Luxembourg Agreement; 

Article III of the Israel – Malta Agreement; 

Article II of the Israel – The Netherlands Agreement; 

Article III of the Israel – Poland Agreement; 

Article 3 of the Israel – Portugal Agreement; 

Article 3 of the Israel – Romania Agreement; 

Article 3 of the Israel – Slovak Republic Agreement; 

Article III of the Israel – Slovenia Agreement; 

EN 

19 

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– 

– 

– 

– 

Article III of the Israel – Spain Agreement; 

Article 4 of the Israel – Sweden Agreement; 

Article 4 of the Israel – UK 1975 Agreement; 

Article 4 of the Israel – UK 2001 Agreement. 

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

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

Article 5 of the Israel – Austria Agreement; 

Article 4 of the Israel – Belgium Agreement; 

Article IV of the Israel – Bulgaria Agreement; 

Article 5 of the Israel - Cyprus Agreement; 

Article IV of the Israel – Czech Republic Agreement; 

Article 4 of the Israel – Denmark Agreement; 

Article 4 of the Israel – Finland Agreement;  

Article VIII of the Israel – France Agreement; 

Article 4 of the Israel – Germany Agreement; 

Article IV of the Israel – Greece Agreement; 

Article IV of the Israel – Hungary Agreement; 

Article IV of the Israel - Ireland Agreement; 

Article 5 of the Israel – Italy Agreement; 

Article 4 of the Israel – Latvia Agreement; 

Article IV of the Israel – Lithuania Agreement; 

Article IV of the Israel - Luxembourg Agreement; 

Article IV of the Israel - Malta Agreement; 

Article VI of the Israel – The Netherlands Agreement; 

Article IV of the Israel – Poland Agreement; 

Article 4 of the Israel-Portugal Agreement; 

Article 4 of the Israel – Romania Agreement; 

Article 4 of the Israel – Slovak Republic Agreement; 

EN 

20 

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– 

– 

– 

– 

– 

Article IV of the Israel – Slovenia Agreement; 

Article IV of the Israel – Spain Agreement; 

Article 4 of the Israel – Sweden Agreement; 

Article 4 of the Israel-UK 1975 Agreement; 

Article 5 of the Israel – UK 2001 Agreement. 

(c) Safety: 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

Article XIV of the Israel – Bulgaria Agreement; 

Article 13 of the Israel - Cyprus Agreement; 

Article IX of the Israel – Czech Republic Agreement; 

Article 8 of the Israel – Denmark Agreement; 

Article 11 of the Israel – Finland Agreement; 

Article VIII of the Israel – Greece Agreement; 

Article IX of the Israel – Hungary Agreement; 

Article IX of the Israel - Ireland Agreement; 

Article 12 of the Israel – Italy Agreement; 

Article 9 of the Israel – Latvia Agreement; 

Article IX of the Israel – Lithuania Agreement; 

Article IX of the Israel - Luxembourg Agreement; 

Article IX of the Israel - Malta Agreement; 

Article IV of the Israel – The Netherlands Agreement; 

Article IX of the Israel – Poland Agreement; 

Article 8 of the Israel - Portugal Agreement; 

Article 7 of the Israel – Romania Agreement; 

Article 9 of the Israel – Slovak Republic Agreement; 

Article IX of the Israel – Slovenia Agreement; 

Article X of the Israel – Spain Agreement; 

Article 8 of the Israel – Sweden Agreement; 

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– 

Article 12 of the Israel – UK 2001 Agreement. 

(d) Taxation of aviation fuel: 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

Article 6 of the Israel – Austria Agreement; 

Article 5 of the Israel – Belgium Agreement; 

Article 7 of the Israel - Cyprus Agreement; 

Article V of the Israel – Czech Republic Agreement; 

Article 5 of the Israel – Denmark Agreement; 

Article 6 of the Israel – Finland Agreement; 

Article 6 of the Israel – Germany Agreement; 

Article VI of the Israel – France Agreement; 

Article X of the Israel – Greece Agreement; 

Article V of the Israel – Hungary Agreement; 

Article V of the Israel - Ireland Agreement; 

Article 6 of the Israel – Italy Agreement; 

Article 5 of the Israel – Latvia Agreement; 

Article V of the Israel – Lithuania Agreement; 

Article V of the Israel - Luxembourg Agreement; 

Article V of the Israel - Malta Agreement; 

Article III of the Israel – The Netherlands Agreement; 

Article V of the Israel – Poland Agreement; 

Article 6 of the Israel – Portugal Agreement; 

Article 8 of the Israel – Romania Agreement; 

Article 5 of the Israel – Slovak Republic Agreement; 

Article V of the Israel – Slovenia Agreement; 

Article V of the Israel – Spain Agreement; 

Article 5 of the Israel – Sweden Agreement; 

Article 5 of the Israel – UK 1975 Agreement; 

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– 

Article 9 of the Israel – UK 2001 Agreement. 

(e) Tariffs for carriage within the European Community: 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

Article 8 of the Israel – Austria Agreement; 

Article 8 of the Israel – Belgium Agreement; 

Article IX of the Israel – Bulgaria Agreement; 

Article 17 of the Israel-Cyprus Agreement; 

Article VI of the Israel – Czech Republic Agreement; 

Article 10 of the Israel – Denmark Agreement; 

Article 10 of the Israel – Finland Agreement; 

Article XVII of the Israel – France Agreement; 

Article 9 of the Israel – Germany Agreement; 

Article VI of the Israel – Greece Agreement; 

Article VI of the Israel – Hungary Agreement; 

Article VI of the Israel – Ireland Agreement; 

Article 8 of the Israel – Italy Agreement; 

Article 6 of the Israel – Latvia Agreement; 

Article VI of the Israel – Lithuania Agreement; 

Article VI of the Israel – Luxembourg Agreement; 

Article VI of the Israel – Malta Agreement; 

Paragraph 7 of the Annex to the Israel – The Netherlands Agreement; 

Article VI of the Israel – Poland Agreement; 

Article 16 of the Israel – Portugal Agreement; 

Article 6 of the Israel – Slovak Republic Agreement; 

Article VI of the Israel – Slovenia Agreement; 

Article VI of the Israel – Spain Agreement; 

Article 10 of the Israel – Sweden Agreement; 

Article 8 of the Israel – UK 1975 Agreement; 

EN 

23 

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– 

Article 8 of the Israel – UK 2001 Agreement. 

EN 

24 

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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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