Proposal for a Council Decision on the signing and provisional application of the agreement between the European Community and the Republic of India on certain aspects of air services
Date: 2008-06-20
Institutions: European Commission
Subjects: European Community, India, agreement (EU), air transport, signature of an agreement

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 20.6.2008 
COM(2008) 347 final 

2008/0121 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the signing and provisional application of the Agreement between the European 
Community and the Republic of India on certain aspects of air services 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Community and the Republic 
of India 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  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 26 bilateral air services agreements between Member States and India. 

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 

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212 

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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 

In  accordance  with  the  mechanisms  and  directives  in  the  Annex  to  the  ”horizontal 
mandate”, the Commission has negotiated an Agreement with the Government of the 
Republic of India that replaces certain provisions in the existing bilateral air services 
agreements between Member States and India. Article 2 of the Agreement replaces the 
traditional  designation  clauses  with  a  Community  designation  clause,  permitting  all 
Community  carriers  to  benefit  from  the  right  of  establishment.  Article  4  brings 
provisions  in  bilateral  agreements  which  are  clearly  anti-competitive  (obligatory 
commercial agreements between airlines) in line with EU competition law. 

When negotiating the Agreement with the Government of the Republic of India, it was 
emphasised that the Agreement shall not affect the volume or balance of traffic rights. 
To  this  effect  the  terms  of  a  letter  to  be  sent  by  the  European  Community  and  its 
Member  States  to  India  following  the  signature  of  the  "horizontal  agreement"  were 
defined.  This  letter,  which  was  endorsed  by  the  Member  States  within  the  Special 
Committee, is being sent to the Council together with this proposal. 

310 

Legal basis 

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

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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 Government of the Republic of India 
is  the  most  efficient  instrument  to  bring  all  existing  bilateral  air  services  agreements 

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4 

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510 

511 

512 

570 

between Member States and India 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  Republic  of  India  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  proposed  decisions  in 
Attachment  on  the  signing  and  provisional  application  and  on  the  conclusion  of  the 
Agreement  between  the  European  Community  and  the  Republic  of  India  on  certain 
aspects of air services.  

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Proposal for a 

COUNCIL DECISION 

on the signing and provisional application of the Agreement between the European 
Community and the Republic of India 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 Commission, 

Whereas: 

(1) 

(2) 

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

On behalf of the Community, the Commission has negotiated an Agreement with the 
Government of the Republic of India 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:  

Article 1 

The signing of the Agreement between the European Community and the Republic of India 
on certain aspects of air services is hereby approved on behalf of the Community, subject to 
the conclusion of the said Agreement. 

The text of the Agreement is attached to this Decision. 

The  President  of  the  Council  is  hereby  authorised  to  designate  the  person(s)  empowered  to 
sign the Agreement on behalf of the Community subject to its conclusion. 

Article 2 

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Article 3 

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 purpose2. 

Article 4 

The  President  of  the  Council  is  hereby  authorised  to  make  the  notification  provided  for  in 
Article 7(2) of the Agreement. 

Done at Brussels,  

For the Council 
The President 

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The  date  from  which  the  Agreement  will  be  provisionally  applied  will  be  published  in  the  Official 
Journal of the European Union by the General Secretariat of the Council. 

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2008/0121 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Community and the Republic 
of India on certain aspects of air services 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
80(2) in conjunction with the first sentence of the first subparagraph of Article 300(2) and the 
first subparagraph of Article 300(3) thereof, 

Having regard to the proposal from the Commission3, 

Having regard to the opinion of the European Parliament4, 

Whereas: 

(1) 

(2) 

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

On behalf of the Community, the Commission has negotiated an Agreement with the 
Government of the Republic of India 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 Government of the Republic 
of  India  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 7(1) of the Agreement. 

Done at Brussels,  

For the Council 
The President 

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ANNEX  

AGREEMENT 

between the European Community and the Government of the Republic of India 

on certain aspects of air services 

THE EUROPEAN COMMUNITY  

of the one part, and  

THE REPUBLIC OF INDIA  

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 India 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 India, must be brought into 
conformity  with  European  Community  law  in  order  to  establish  a  sound  legal  basis  for  air 
services  between  the  European  Community  and  the  Republic  of  India  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  the  Republic  of  India  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 

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carriers on the relevant routes, may render ineffective the application of the competition rules 
applicable to undertakings, 

RECOGNISING  that  where  a  Member  State  has  designated  an  air  carrier  whose  regulatory 
control with regard to safety oversight is exercised and maintained by another Member State, 
the rights of the Republic of India under the safety provisions of the agreement between the 
Member State that has designated the carrier and the Republic of India shall apply equally in 
relation to that other Member State, 

NOTING that the bilateral air services agreements listed in Annex 1 are based on the general 
principle that the designated airlines of the parties shall have fair and equal opportunities in 
operating the agreed services on the specified routes, 

NOTING that it is not a purpose of this agreement, to increase the total volume of air traffic 
between the European Community and the Republic of India, to  affect the  balance between 
Community air carriers and air carriers of the Republic of India, 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. 

4. 

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. 

The  granting  of  traffic  rights  will  continue  to  be  carried  out  through  bilateral 
arrangements. 

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  the  Republic  of  India,  and  the  refusal, 
revocation,  suspension  or  limitation  of  the  authorisations  or  permissions  of  the  air 
carrier, respectively. 

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2. 

On receipt of a designation by a Member State, the Republic of India 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 Operators Certificate 
and  the  relevant  aeronautical  authority  is  clearly  identified  in  the 
designation; and 

the  air  carrier  is  owned  and  shall  continue  to  be  owned  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,  and  shall  at  all  times  be  effectively  controlled  by 
such states and/or such nationals. 

3. 

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

i. 

ii. 

iii. 

iv. 

v. 

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 Operators 
Certificate, or the relevant aeronautical authority is not clearly identified 
in the designation; 

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  India  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 the traffic rights imposed by that other agreement; or 

the air carrier designated holds an Air Operators Certificate issued by a 
Member State with which the Republic of India does not have a bilateral 
air services agreement and that Member State has denied traffic rights to 
the Republic of India. 

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

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ARTICLE 3 

Safety 

1. 

2. 

1. 

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

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

Compatibility with competition rules 

Notwithstanding  any  other  provision  to  the  contrary,  nothing  in  each  of  the 
agreements  listed  in  Annex  1  shall  (i)  favour  the  adoption  of  agreements  between 
undertakings,  decisions  by  associations  of  undertakings  or  concerted  practices  that 
prevent,  distort  or  restrict  competition;  (ii)  reinforce  the  effects  of  any  such 
agreement,  decision  or  concerted  practice;  or  (iii)  delegate  to  private  economic 
operators  the  responsibility  for  taking  measures  that  prevent,  distort  or  restrict 
competition. 

2. 

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

ARTICLE 5 

Annexes to the Agreement 

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

ARTICLE 6 

Review, revision or amendment  

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

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Entry into force and provisional application  

This  Agreement  shall  enter  in  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 
India  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 8 

Termination 

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

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

1. 

2. 

3. 

1. 

2. 

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

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

FOR THE EUROPEAN COMMUNITY: 

FOR THE REPUBLIC OF INDIA: 

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(a) 

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ANNEX 1  

List of agreements referred to in Article 1 of this Agreement  

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

Agreement  between  the  Austrian  Federal  Government  and  the  Government  of 
India relating to Air Services signed at New-Delhi on 26 October 1989; 

Modified  by  Memorandum  of  Understanding  done  at  Vienna  on  17  June  1997, 
hereinafter referred to "India-Austria MoU" in Annex 2; 

Modified  by  Supplementary  Memorandum  of  Understanding  done  at  Vienna  on  27 
January 2000; 

Last modified by Agreed Minutes done at New Delhi on 23 March 2001. 

Agreement  between  the  Government  of  the  Kingdom  of  Belgium  and  the 
Government of India relating to Air Services signed at New-Delhi on 6 April 1967, 
hereinafter referred to “India – Belgium Agreement” in Annex 2; 

Last modified by Memorandum of Understanding done at Brussels on 18 May 2005, 
hereinafter referred to "India-Belgium MoU" in Annex 2; 

Agreement  between  the  Government  of  the  Republic  of  Bulgaria  and  the 
Government of the Republic of India relating to air services done at New Delhi on 
16 June 1992, hereinafter referred to “India – Bulgaria Agreement” in Annex 2; 

Agreement  between  the  Government  of  the  Republic  of  Cyprus  and  the 
Government of India relating to air services done at Nicosia on 18 December 2000, 
hereinafter referred to “India – Cyprus Agreement” in Annex 2; 

Air Transport Agreement between the Government of the Czech Republic and the 
Government  of  the  Republic  of  India  signed  at  Delhi  on  16  October  1997, 
hereinafter referred to “India – Czech Republic Agreement” in Annex 2; 

Agreement  between  the  Government  of  the  Kingdom  of  Denmark  and  the 
Government of India relating to Air Services signed at New Delhi on 19 December 
1995, hereinafter referred to “India – Denmark Agreement” in Annex 2; 

Last  modified  by  Memorandum  of  Understanding  done  at  New  Delhi  on  30 
November 2006 hereinafter referred to "India-Denmark MoU" in Annex 2; 

Air Services Agreement between the Government of the Republic of Finland and 
the Government of India signed at New Delhi on 18 July 1995, hereinafter referred 
to “India – Finland Agreement” in Annex 2; 

Last  modified  by  Memorandum  of  Understanding  signed  in  New  Delhi  on  18  May 
2006 hereinafter referred to "India-Finland MoU" in Annex 2; 

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– 

– 

– 

– 

– 

– 

– 

Agreement  between  the  Government  of  the  French  Republic  and  the 
Government of India relating to Air Services signed at New Delhi on 16 July 1947, 
hereinafter referred to “India – France Agreement” in Annex 2; 

Modified by Memorandum of Understanding done at New Delhi on 20 May 1960; 

Modified  by  Memorandum  of  Understanding  done  at  New  Delhi  on  26  November 
1997; 

Last modified by Memorandum of Consultations done at Paris on 23 February 2005; 

Agreement  between  the  Federal  Republic  of  Germany  and  the  Government  of 
India  relating  to  Air  Services  signed  at  New  Delhi  on  31  May  1963,  hereinafter 
referred to “India – Germany Agreement” in Annex 2; 

Modified by Agreed Minutes done at Bonn on 20 October 1989; 

Modified by Memorandum of Understanding done at New Delhi on 10 May 1994; 

Modified by Memorandum of Understanding done at Berlin on 6 February 2001; 

Last  modified  by  Memorandum  of  Understanding  done  at  New  Delhi  on  25  May 
2005, hereinafter referred to "India-Germany MoU" in Annex 2; 

Agreement between the Government of the Hungarian People’s Republic and the 
Government of India relating to Air Services signed at New Delhi on 23 February 
1966, hereinafter referred to “India – Hungary Agreement” in Annex 2; 

Agreement  between  the  Government  of  Italy  and  the  Government  of  India 
relating to Air Services signed at Rome on 16 July 1959 hereinafter referred to “India 
– Italy Agreement” in Annex 2; 

Modified by Agreed Minutes done at New Delhi on 27 June 1986; 

Modified by Agreed Minutes done at New Delhi on 22 April 2002; 

Modified by Memorandum of Understanding done at Rome on 4 February 2003; 

Last modified by Memorandum of Understanding done at New Delhi on 15 February 
2006, hereinafter referred to "India-Italy MoU" in Annex 2; 

Agreement  between  the  Government  of  the  Republic  of  Latvia  and  the 
Government of the Republic of India relating to Air Services signed at New Delhi 
on 20 October 1997, hereinafter referred to “India – Latvia Agreement” in Annex 2; 

Agreement  between  the  Government  of  the  Republic  of  Lithuania  and  the 
Government of the Republic of India relating to Air Services signed at New Delhi 
on  20  February  2001,  hereinafter  referred  to  “India  –  Lithuania  Agreement”  in 
Annex 2; 

Agreement  between  the  Government  of  the  Grand  Duchy  of  Luxembourg  and 
the  Government  of  the  Republic  of  India  relating  to  air  services  signed  in  New 

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– 

– 

– 

– 

– 

– 

– 

– 

Delhi on 8 January 2001, hereinafter referred to “India – Luxembourg Agreement” in 
Annex 2; 

Agreement  between  the  Government  of  the  Republic  of  Malta  and  the 
Government  of  India relating to Air Services  signed  at Malta on  5 October  1998, 
hereinafter referred to “India – Malta Agreement” in Annex 2; 

Agreement between the Government of the Netherlands and the Government of 
India  relating  to  Air  Services  signed  at  New  Delhi  on  24  May  1951,  hereinafter 
referred to “India – Netherlands Agreement” in Annex 2; 

Modified  by  Memorandum  of  Understanding  done  at  New  Delhi  on  10  January 
1992; 

Last  modified  by  Memorandum  of  Understanding  done  at  The  Hague  on  17  May 
2005, hereinafter referred to "India-Netherlands MoU" in Annex 2; 

Agreement  between  the  Government  of  the  Polish  People’s  Republic  and  the 
Government of the Republic of India relating to Air Services signed at New Delhi 
on 25 January 1977, hereinafter referred to “India – Poland Agreement” in Annex 2; 

Modified  by  Memorandum  of  Understanding  done  at  New  Delhi  on  30  September 
2003; 

Last modified by the exchange of diplomatic notes of 20 April 2006 and 22 August 
2006; 

Air Services Agreement between the Government of the Republic of Portugal and 
the Government of the Republic of India signed at New Delhi on 6 February 1997, 
hereinafter referred to “India – Portugal Agreement” in Annex 2; 

Air  Services  Agreement  between  the  Government  of  Romania  and  the 
Government of India done at New Delhi on 4 December 1993, hereinafter referred 
to “India – Romania Agreement” in Annex 2; 

Agreement between the Government of the Slovak Republic and the Government 
of India relating to Scheduled Air Services signed at Bratislava on 9 October 1996, 
hereinafter referred to “India – Slovakia Agreement” in Annex 2; 

Agreement  between  the  Government  of  the  Republic  of  Slovenia  and  the 
Government of India relating to Scheduled Air Services signed at New Delhi on 16 
February 2004, hereinafter referred to “India – Slovenia Agreement” in Annex 2; 

Air Transport Agreement between the Government of Spain and the Government 
of the Republic of India signed at New Delhi on 10 April 1987, hereinafter referred 
to “India – Spain Agreement” in Annex 2; 

Last  modified  by  Memorandum  of  Understanding  done  at  New  Delhi  on  08 
November 2006 hereinafter referred to "India-Spain MoU" in Annex 2; 

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– 

– 

(b) 

– 

– 

Agreement  between  the  Government  of  the  Kingdom  of  Sweden  and  the 
Government of India relating to Air Services signed at New Delhi on 19 December 
1995, hereinafter referred to “India – Sweden Agreement” in Annex 2; 

Last  modified  by  Memorandum  of  Understanding  done  at  New  Delhi  on  30 
November 2006 hereinafter referred to "India-Sweden MoU" in Annex 2; 

Agreement  between  the  Government  of  the  United  Kingdom  of  Great  Britain 
and  Northern  Ireland  and  the  Government  of  India  relating  to  Air  Services 
signed  at  New  Delhi  on  1  December  1951,  hereinafter  referred  to  “India  –  UK 
Agreement” in Annex 2; 

Modified by Agreed Minutes done at New Delhi on 22 April 2002; 

Modified by Agreed Record done at London on 21 June 2002; 

Modified by Memorandum of Understanding done at London on 17 September 2004; 

Modified by Memorandum of Understanding done at New Delhi on 13 April 2005; 

Last  modified  by  Memorandum  of  Understanding  done  at  London  on  26  August 
2005 hereinafter referred to "India-UK MoU"; 

Air service agreements and other arrangements initialled or signed between the 
Government of India and Member States of the European Community which, at 
the date of signature of this Agreement, have not yet entered into force and are 
not being applied provisionally 

Air Transport Agreement between the Government of the Hellenic Republic and 
the Government of the Republic of India initialled at Athens on 23 October 1997, 
hereinafter referred to “India – Greece Agreement” in Annex 2; 

Last modified by Agreed Minutes done at Athens on 30 March 2007. 

Air  Transport  Agreement  between  the  Government  of  Ireland  and  the 
Government  of  India  signed  at  [place]  on  [date],  hereinafter  referred  to  “India  – 
Ireland Agreement” in Annex 2; 

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ANNEX 2 

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

(a) 

Designation by a Member State: 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

Article 3, of the India – Austria Agreement; 

Article 3, paragraphs 1 to 5, of the India – Belgium Agreement; 

Article III of the India – Bulgaria Agreement; 

Article 3, of the India – Cyprus Agreement; 

Article 3, of the India – Czech Republic Agreement; 

Article 3, of the India – Denmark Agreement; 

Article 3, of the India – Finland Agreement; 

Article 2, of the India – France Agreement; 

Article 3(i), of the India – Germany MoU; 

Article 3, of the India – Greece Agreement; 

Article 3, of the India – Hungary Agreement; 

Article 3, of the India – Ireland Agreement; 

Article 4.1 of the India – Italy MoU; 

Article 3, of the India – Latvia Agreement; 

Article 3, of the India – Lithuania Agreement; 

Article 3, of the India – Luxembourg Agreement; 

Article 2, of the India – Netherlands Agreement; 

Article IV, of the India – Poland Agreement; 

Article 3, of the India – Portugal Agreement; 

Article 3, of the India – Romania Agreement; 

Article 3, of the India – Slovakia Agreement; 

Article 3, of the India – Slovenia Agreement; 

Article 2.5(i), of the India – Spain MoU; 

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– 

– 

Article 3, of the India – Sweden Agreement; 

Annex B, Article 4, of the India – UK MoU; 

(b) 

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

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

Article 4, of the India – Austria Agreement 

Article 3, paragraph 6, of the India – Belgium Agreement; 

Article IV of the India – Bulgaria Agreement; 

Article 4, of the India – Cyprus Agreement; 

Article 4, of the India – Czech Republic Agreement; 

Article 4, of the India – Denmark Agreement; 

Article 4, of the India – Finland Agreement; 

Article 9, of the India – France Agreement; 

Article 4, of the India – Germany Agreement; 

Article 4, of the India – Greece Agreement; 

Article 4, of the India – Hungary Agreement; 

Article 4, of the India – Ireland Agreement; 

Article 4, paragraphs 4 to 6, of the India – Italy Agreement; 

Article 4, of the India – Latvia Agreement; 

Article 4, of the India – Lithuania Agreement; 

Article 4, of the India – Luxembourg Agreement; 

Article 4, of the India – Malta Agreement; 

Article 8, of the India – Netherlands Agreement; 

Article V, of the India – Poland Agreement; 

Article 4, of the India – Portugal Agreement; 

Article 4, of the India – Romania Agreement; 

Article 4, of the India – Slovakia Agreement; 

Article 4, of the India – Slovenia Agreement; 

Article 4, of the India – Spain Agreement; 

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– 

– 

Article 4, of the India – Sweden Agreement; 

Annex B, Article 5, of the India – UK MoU; 

(c) 

Safety: 

– 

– 

– 

– 

– 

– 

Appendix B, of the India – Denmark MoU; 

Appendix H, of the India – Finland MoU; 

Appendix “C”, of the India – Greece Agreement  

Article 2.5(iv), of the India – Spain MoU; 

Appendix B, of the India – Sweden MoU; 

Annex B, Article 7, of the India – UK MoU. 

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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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Letter from the EC and its Member States to India 

ATTACHMENT 

Dear… 

Further to the  signature  on …  of the Agreement between the European Community and the 
Republic of India on certain aspects of air services (the "Horizontal Agreement") we have the 
honour to confirm the following: 

1. 

2. 

3. 

4. 

The  Horizontal  Agreement  shall  not  increase  the  total  volume  of  air  traffic  rights 
between the European Community and India, or between individual Member States 
and  India,  or  affect  the  balance  concerning  traffic  rights  between  Community  air 
carriers and air carriers of India under existing bilateral air service agreements. 

In  this  regard  the  provisions  of  Article  2.3.iv  of  the  Horizontal  Agreement  are 
intended  to  ensure  that  Community  air  carriers  may  not  use  the  provisions  of  the 
Horizontal Agreement to circumvent existing limitations on traffic rights. 

If,  notwithstanding  these  safeguards,  either  party  considers  that  the  Horizontal 
Agreement has produced or will produce unforeseen negative effects, it may invoke 
the procedures set out in Article 6 of the Horizontal Agreement. 

In such cases, both India and the European Community and its Member States will, 
in the context of their bilateral relations, consider positively any requests with a view 
to  remedying  unforeseen  negative  effects  on  the  basis  of  the  principles  of  equal 
opportunities and mutual benefits. 

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