Proposal for a Council Decision on the signing and provisional application of the Agreement between the European Community and the West African Economic and Monetary Union on certain aspects of air services  - Proposal for a Council Decision on the conclusion of the Agreement between the European Community and the West African Economic and Monetary Union on certain aspects of air services
Date: 2008-07-17
Institutions: Provisional data
Subjects: European Community, agreement (EU), air transport, ratification of an agreement, signature of an agreement

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 17.7.2008 
COM(2008) 463 final 

2008/0145 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the signing and provisional application of the Agreement between the European 
Community and the West African Economic and Monetary Union on certain aspects of 
air services 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Community and the West 
African Economic and Monetary Union on certain aspects of air services 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. 

110 

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 Community 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. 

•  Existing provisions in the area of the proposal 

The provisions of the Agreement supersede or complement the existing provisions in 
the  47  bilateral  air  services  agreements  concluded  between  Member  States  and  the 
Member States of the West African Economic and Monetary Union. 

•  Consistency with the other policies and objectives of the Union 

The Agreement will serve a fundamental objective of the Community external aviation 

Council Decision No 11323/03 of 5 June 2003 (restricted document) 

130 

140 

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policy  by  bringing  existing  bilateral  air  services  agreements  in  line  with  Community 
law. 

2. 

Consultation of interested parties and impact assessment 

•  Consultation of interested parties 

211 

212 

3. 

305 

Consultation methods used, 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 measures 

In  accordance  with  the  mechanisms  and  directives  in  the  Annex  to  the  'horizontal 
mandate',  the  Commission  has  negotiated  an  Agreement  with  the  West  African 
Economic and Monetary Union that replaces certain provisions in the existing bilateral 
air  services  agreements  between  Member  States  and  the  Member  States  of  the  West 
African  Economic  and  Monetary  Union.  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 5 and 6 of the 
Agreement  address 
types  of  clauses  concerning  matters  of  Community 
competence. Article 5 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 6 (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  7  brings  provisions  in  bilateral 
agreements  which  are  clearly  anti-competitive  (obligatory  commercial  agreements 
between airlines) in line with EU competition law. 

two 

310 

329 

•  Legal basis 

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

•  Subsidiarity principle 

The  proposal  is  entirely  based  on  the  'horizontal  mandate'  granted  by  the  Council 
taking  into  account  the  issues  covered  by  Community  law  and  bilateral  air  services 
agreements. 

•  Proportionality principle 

The  Agreement  will  amend  or  complement  provisions  in  bilateral  air  services 
agreements only to the extent necessary to ensure compliance with Community law. 

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342 

4. 

409 

5. 

510 

511 

512 

570 

•  Choice of instruments 

The  Agreement  concluded  between  the  Community  and  the  West  African  Economic 
and Monetary Union is the most efficient instrument to bring all existing bilateral air 
services agreements between Member States and Member States of the West African 
Economic and Monetary Union into line with Community law. 

Budgetary implication 

No implications 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  Member  States  of  the  West  African  Economic  and  Monetary  Union  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 West African Economic and Monetary Union 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 signing and provisional application of the Agreement between the European 
Community and the West African Economic and Monetary Union 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 
West  African  Economic  and  Monetary  Union  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  West  African  Economic  and  Monetary  Union  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 

2 

OJ C [..] of [..], p. [..]. 

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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 
10(2) of the Agreement. 

3. 

The text of the Agreement is attached to this Decision. 

Done at Brussels,  

For the Council 
The President 

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2008/0145 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Community and the West 
African Economic and Monetary Union 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 
West  African  Economic  and  Monetary  Union  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 European 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, 

3 
4 
5 

OJ C [..] of [..], p. [..]. 
OJ C [..] of [..], p. [..]. 
OJ C [..] of [..], p. [..]. 

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HAS DECIDED AS FOLLOWS:  

Article 1  

1. 

The Agreement between the European Community and the West African Economic 
and Monetary Union on certain aspects of air services is approved on behalf of the 
Community. 

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 10(1) of the Agreement. 

Done at Brussels,  

For the Council 
The President 

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ANNEX  

AGREEMENT 
between the European Community and the West African Economic and Monetary Union on 
certain aspects of air services 

THE EUROPEAN COMMUNITY 

of the one part, and 

THE WEST AFRICAN ECONOMIC AND MONETARY UNION 
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  of  the  West  African  Economic  and  Monetary  Union 
respectively which contain provisions contrary to Community law, as noted in the decisions of the 
Court of Justice of the European Communities in November 2002,  

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  and  WAEMU  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 governing designation contained in the bilateral air service 
agreements  between  Member  States  of  the  European  Community  and  of  the  West  African 
Economic  and  Monetary  Union  respectively,  which  are  contrary  to  Community  law,  must  be 
brought  into  line  with  it  in  order  to  establish  a  sound  legal  basis  for  air  services  between  the 
European  Community  and  the  West  African  Economic  and  Monetary  Union  and  to  preserve  the 
continuity of such services, 

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

RECOGNISING  that  provisions  contained  in  bilateral  air  service  agreements  concluded  between 
Member  States  of  the  European  Community  and  of  the  West  African  Economic  and  Monetary 
Union respectively, 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  

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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 application of the competition rules applicable to undertakings,  

NOTING  that  it  is  not  an  aim  of  the  Parties,  as  part  of  these  negotiations,  to  increase  the  total 
volume  of  air  traffic  between  the  European  Community  and  the  West  African  Economic  and 
Monetary Union, to affect the balance between Community air carriers and air carriers of the West 
African Economic and Monetary Union, or to negotiate amendments to the provisions of existing 
bilateral air service agreements concerning traffic rights, 

NOTING  that  air  links  between  the  Member  States  of  WAEMU  and  those  of  the  European 
Community  represent  more  than  80%  of  their  international  air  routes,  links  which  have  been 
traditionally governed by bilateral air agreements, 

WHEREAS Decision No 08/2002/CM/WAEMU of 27 June 2002 adopting the Joint Air Transport 
Programme of the Member States and WAEMU, 

WHEREAS Directive No 08/2006/CM/WAEMU of 16 December 2006, granting the Commission 
of the WAEMU,  assisted by  the representatives of the Member States of  WAEMU, a mandate to 
open and lead negotiations with the European Commission with a view to introducing a Community 
designation  clause  in  air  agreements  between  Member  States  of  the  European  Community  and 
Member States of the West African Economic and Monetary Union, 

NOTING the European Commission's proposal to use the opportunity offered to it under European 
legislation and the provisions of the West African Economic and Monetary Union Treaty to carry 
out group-with-group negotiations on the introduction of a Community designation clause into air 
agreements signed between Member States of the West African Economic and Monetary Union and 
those of the European Community; 

HAVE AGREED ON THE FOLLOWING PROVISIONS: 

ARTICLE 1 
General Provisions 

1. 

2. 

3. 

For  the  purposes  of  this  Agreement,  the  terms  and  expressions  below  shall  mean  the 
following: 

i.  WAEMU: West African Economic and Monetary Union, 

ii. 

EC: European Community 

For the purposes of this Agreement, 'EC Member States' shall mean the Member States of 
the European Community and 'WAEMU Member States' shall mean the Member States of 
the West African Economic and Monetary Union respectively. 

In  each  of  the  bilateral  agreements  listed  in  Annex  I  to  this  Agreement,  the  references 
made  to  nationals  of  the  EC  Member  State  and  nationals  of  the  WAEMU  Member  State 
shall  be  understood  to  mean  nationals  of  the  EC  Member  States  or  WAEMU  Member 
States. 

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4. 

1. 

2. 

In  each  of  the  bilateral  agreements  listed  in  Annex  I  to  this  Agreement,  the  references 
made  to  carriers  or  airlines  of  the  EC  Member  State  and  of  the  WAEMU  Member  State 
which  are  parties  to  this  Agreement  shall  be  understood  to  be  references  to  carriers  or 
airlines designated by these States. 

ARTICLE 2 
Designation and Authorisation  

The  provisions  set  out  in  Paragraph  2  of  this  Article  shall  supersede  the  corresponding 
provisions  in  the  articles  listed  in  Annex  2(a),  in  relation  to  the  designation  of  an  air 
carrier, and the licences and permits granted to it. 

On receipt of a designation by a Member State of one of the Parties, the State of the other 
Party  shall  grant  the  appropriate  licences  and  permits  with  minimum  procedural  delay, 
provided that: 

(a) 

In the case of an air carrier designated by an EC Member State: 

i. 

ii. 

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

effective regulatory control of the air carrier is exercised and maintained by the 
EC Member State responsible for issuing its Air Operator’s Certificate and the 
relevant aeronautical authority is clearly identified in the designation; 

(b) 

In the case of an air carrier designated by a Member State of WAEMU: 

i. 

ii. 

the  air  carrier  is  established  in  the  territory  of  the  WAEMU  Member  State 
which  has  designated  it  and  has  received  valid  approval  in  accordance  with 
WAEMU legislation; and, 

effective regulatory control of the air carrier is exercised and maintained by the 
WAEMU  Member  State  responsible  for  issuing  its  Air  Operating  Licence  in 
accordance  with  Annexes  1,  6  and  8  of  the  Chicago  Convention,  and  the 
relevant aeronautical authority is clearly identified in the designation; and, 

iii.  Either: 

a. 

b. 

the  air  carrier  is  owned  directly  or  through  majority  ownership  and  is 
effectively  controlled  by  WAEMU  Member  States  and/or  nationals  of 
WAEMU Member States, or by other African States and/or nationals of 
such other African States, or 

the  services  operated  by  the  certified  air  carrier  in  accordance  with 
WAEMU  community  legislation  mainly  depart  from  or  arrive  at  one  or 
more airports in a WAEMU Member State and its operational technical 
and  management  staff  is  comprised  mainly  of  nationals  of  WAEMU 
Member  States,  if  the  EC  Member  State  concerned  confirms  the 
application of the provisions contained in this point b. 

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ARTICLE 3 
Refusal, revocation, suspension or limitation 

1. 

2. 

The  provisions  set  out  in  Paragraph  2  of  this  Article  shall  supersede  the  corresponding 
provisions  in  the  articles  listed  in  Annex  2(b),  in  relation  to  the  refusal,  revocation, 
suspension or limitation of the licences or permits of an air carrier. 

Each Member State may refuse, revoke, suspend or limit the licences or permits of an air 
carrier  designated  by  a  Member  State  of  the  other  Party  where  one  of  the  following 
conditions is fulfilled: 

(a) 

In the case of an air carrier designated by an EC Member State: 

i. 

ii. 

the  air  carrier  is  not  established,  under  the  Treaty  establishing  the  European 
Community,  in  the  territory  of  the  designating  EC  Member  State  or  does  not 
have a valid Operating Licence in accordance with European Community law; 
or 

effective regulatory control of the air carrier is not exercised or not maintained 
by the EC Member State responsible for issuing its Air Operators Certificate, 
or the relevant aeronautical authority is not clearly identified in the designation. 

(b) 

In the case of an air carrier designated by a WAEMU Member State: 

i. 

ii. 

the air carrier is not established in the territory of the WAEMU Member State 
which  has  designated  it  or  does  not  have  valid  approval  in  accordance  with 
WAEMU legislation; or 

effective regulatory control of the air carrier is not exercised or maintained by 
the WAEMU Member State responsible for issuing its Air Operating Licence 
in  accordance  with  Annexes  1,  6  and  8  of  the  Chicago  Convention,  or  the 
relevant aeronautical authority is not clearly identified in the designation; or 

iii.  Either: 

a. 

b. 

the air carrier is not owned directly or through majority ownership and is 
not effectively controlled by WAEMU Member States and/or nationals of 
WAEMU Member States, or by other African States and/or nationals of 
such other African States, or 

the  services  operated  by  the  certified  air  carrier  in  accordance  with 
WAEMU community law do not mainly depart from or arrive at one or 
more  airports  in  a  WAEMU  Member  State  or  its  operational  technical 
and management staff is not comprised mainly of nationals of WAEMU 
Member States. 

3, 

In  exercising  its  rights  under  this  Article,  the  Member  State  concerned  shall  not 
discriminate between air carriers of the other Party on grounds of nationality. 

ARTICLE 4 
Rights with regard to effective regulatory control 

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1. 

2. 

3. 

4. 

1. 

2. 

3. 

The provisions set out in Paragraphs 2 and 3 of this Article shall complement the Articles 
listed in Annex 2(c) to this Agreement. 

Where  an  EC  Member  State  has  designated  an  air  carrier  whose  effective  regulatory 
control  is  exercised  and  maintained  by  another  EC  Member  State,  the  rights  of  the 
WAEMU Member State concerned under the safety provisions of the agreement between 
the EC Member State that has designated the air carrier and the WAEMU Member State 
shall apply equally in respect of the adoption, exercise or maintenance of safety standards 
by that other EC Member State and in respect of the operating licence of that air carrier. 

Where a WAEMU Member State has designated an air carrier whose effective regulatory 
control is exercised and maintained by another WAEMU Member State, the rights of the 
EC  Member  State  concerned  under  the  safety  provisions  of  the  agreement  between  the 
WAEMU  Member  State  that  has  designated  the  air  carrier  and  the  EC  Member  State 
concerned shall apply equally in respect of the adoption, exercise or maintenance of safety 
standards by that other WAEMU Member State and in respect of the Operating Licence of 
that air carrier. 

For  the  purposes  of  this  Agreement,  the  Parties  agree  that  effective  regulatory  control 
implies at the very least that the Member State which has issued the Operating Licence or 
approval  effectively  and  continuously  maintains  the  aviation  safety  and  security 
monitoring programmes by, as a minimum, applying the ICAO standards, and ensures that 
the air carrier meets the criteria established by the competent authorities for the operation 
of international air services.  

ARTICLE 5 
Taxation of aviation fuel 

The  provisions  set  out  in  Paragraphs  2  and  3  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  bilateral 
agreements listed in Annex 2(d) shall prevent an EC 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  a  WAEMU  Member  State  that  operates  between  a  point  in  the 
territory  of  that  EC  Member  State  and  another  point  in  the  territory  of  that  EC  Member 
State or in the territory of another Member State of the European Community.  

Notwithstanding  any  other  provision  to  the  contrary,  nothing  in  each  of  the  bilateral 
agreements  listed  in  Annex  2(d)  shall  prevent  a  WAEMU  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  an  EC  Member  State  that  operates  between  a  point  in  the 
territory of that WAEMU Member State and another point in the territory of that WAEMU 
Member State or in the territory of another Member State of the West African Economic 
and Monetary Union.  

4. 

If  a  plan  is  drawn  up  to  introduce  a  fuel  tax  in  accordance  with  this  Article,  the  Parties 
agree to meet without delay to discuss the matter. 

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ARTICLE 6 
Tariffs for carriage 

1. 

2. 

3. 

1. 

The provisions set out in Paragraphs 2 and 3 of this Article shall complement the Articles 
listed in Annex 2(e) to this Agreement. 

The  tariffs  to  be  charged  by  the  air  carrier(s)  designated  by  a  WAEMU  Member  State 
under  one  of  the  bilateral  agreements  listed  in  Annex  1  to  this  Agreement  containing  a 
provision listed in  Annex 2(e) for carriage wholly within the European Community shall 
be subject to European Community law. European Community law shall be applied on a 
non-discriminatory basis. 

The tariffs to be charged by the air carrier(s) designated by an EC Member State under one 
of  the  bilateral  agreements  listed  in  Annex  1  to  this  Agreement  containing  a  provision 
listed in Annex 2(e) for carriage wholly within the West African Economic and Monetary 
Union  shall  be  subject  to  WAEMU  legislation  which  shall  be  applied  on  a  non-
discriminatory basis. 

ARTICLE 7 
Compatibility with competition rules 

Notwithstanding  any  other  provision  to  the  contrary,  nothing  in  each  of  the  bilateral 
agreements listed in Annex 1 to this Agreement 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 bilateral agreements listed in Annex 1 to this Agreement 
that are incompatible with Paragraph 1 of this Article shall not be applied. 

ARTICLE 8 
Annexes to the Agreement 

The Annexes attached to the Agreement shall form an integral part of this Agreement. 

ARTICLE 9 
Amendment  

1. 

2. 

Either  of  the  Parties  may,  at  any  time,  request  consultations  with  the  other  Party  for  the 
purposes  of  amending  this  Agreement.  These  consultations  shall  begin  within  sixty  (60) 
days from the date of receipt of the request. 

Any  amendments  made  in  this  way  shall  enter  into  force  when  the  Parties  have  notified 
each other in writing that their respective internal procedures necessary for their entry into 
force have been completed. 

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ARTICLE 10 
Entry into force and provisional application 

This  Agreement  will  enter  into  force  on  the  date  of  receipt  of  the  last  of  the  two 
notifications sent by the Parties to inform 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 necessary procedures. 

The bilateral agreements and other arrangements between Member States of the European 
Community  and  those  of  the  West  African  Economic  and  Monetary  Union  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 
bilateral  agreements  and  arrangements  upon  their  entry  into  force  or  provisional 
application. 

ARTICLE 11 
Termination 

In  the  event  that  one  of  the  bilateral  agreements  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  the  bilateral  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 and Swedish languages.  

FOR THE EUROPEAN COMMUNITY: 

FOR  THE  WEST  AFRICAN  ECONOMIC 
AND MONETARY UNION 

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Annexes 

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BENIN 

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Annex 1 

List of agreements referred to in Article 1 of this Agreement 

(a) Bilateral air service agreements between the People's Republic of Benin 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  Kingdom  of  Belgium  and  the  Republic  of  Dahomey 
relating  to  Air  Transport  signed  at  Brussels  on  15  February  1971,  hereinafter 
referred to as the 'Benin - Belgium Agreement' in Annex 2, 

•  Agreement between the Government of the People's Republic of Bulgaria and 
the  Government  of  the  People's  Republic  of  Benin  relating  to  Air  Transport 
signed  at  Sofia  on  16  September  1982,  hereinafter  referred  to  as  the  'Benin  - 
Bulgaria Agreement' in Annex 2, 

•  Agreement  between  the  Republic  of  France  and  the  Republic  of  Dahomey 
relating to Air Transport signed at Paris on 9 December 1963, hereinafter referred 
to as the 'Benin - France Agreement' in Annex 2, 

•  Agreement  between  the  Government  of  the  People's  Republic  of  Poland  and 
the  Government  of  the  People's  Republic  of  Benin  relating  to  Air  Transport 
signed at Cotonou on 13 May 1988, hereinafter referred to as the 'Benin - Poland 
Agreement' in Annex 2, 

•  Agreement between the Government of the United Kingdom of Great Britain 
and Northern Ireland and the Government of the People's Republic of Benin 
signed  at  London  on  16  September  1999,  hereinafter  referred  to  as  the  'Benin  - 
United Kingdom Agreement” in Annex 2, 

(b)  Air  service  agreements  and  other  arrangements  initialled  or  signed  between  the 
People's Republic of Benin and Member States of the European Community which, at 
the  date  of  signature  of  this  Agreement,  have  not  yet  entered  into  force  and  are  not 
being applied provisionally 

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List of articles in the agreements listed in Annex 1 and referred to in Articles 2 to 6 of 
this Agreement 

Annex 2 

(a) Designation by a Member State 

•  Article 10 of the Benin - Belgium Agreement; 

•  Article 3 of the Benin - Bulgaria Agreement 

•  Article 13 of the Benin - France Agreement 

•  Article 9 of the Benin - Poland Agreement 

•  Article 4 of the Benin - United Kingdom Agreement 

(b) Refusal, revocation, suspension or limitation of licences and permits: 

•  Article 11 of the Benin - Belgium Agreement; 

•  Article 4 of the Benin - Bulgaria Agreement 

•  Article 6 of the Benin - France Agreement 

•  Article 10 of the Benin - Poland Agreement 

•  Articles 4 and 5 of the Benin - United Kingdom Agreement. 

(c ) Regulatory control 

•  Article 10 of the Benin - Belgium Agreement; 

•  Article 3 of the Benin - Bulgaria Agreement 

•  Article 11 of the Benin - France Agreement 

•  Article 9 of the Benin - Poland Agreement 

•  Article 14 of the Benin - United Kingdom Agreement 

(d) Taxation of aviation fuel 

•  Article 3 of the Benin - Belgium Agreement; 

•  Article 10 of the Benin - Bulgaria Agreement 

•  Article 3 of the Benin - France Agreement 

•  Article 3 of the Benin - Poland Agreement 

•  Article 8 of the Benin - United Kingdom Agreement 

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(e) Tariffs for carriage within the Community 

•  Article 18 of the Benin - Belgium Agreement; 

•  Article 12 of the Benin - Bulgaria Agreement 

•  Article 18 of the Benin - France Agreement 

•  Article 17 of the Benin - Poland Agreement 

•  Article 7 of the Benin - United Kingdom Agreement 

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BURKINA FASO 

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Annex 1 

List of agreements referred to in Article 1 of this Agreement 

(a)  Bilateral  air  service  agreements  between  Burkina  Faso  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 Kingdom of Belgium and the Republic of Upper Volta 
relating  to  Air  Transport  signed  at  Brussels  on  15  February  1984,  hereinafter 
referred to as the 'Burkina Faso - Belgium Agreement' in Annex 2, 

•  Agreement between the Republic of France and the Republic of Upper Volta 
relating to Air Transport signed at Paris on 29 May 1962, hereinafter referred to 
as the 'Burkina Faso - France Agreement' in Annex 2, 

(b) Air service agreements and other arrangements initialled or signed between Burkina 
Faso 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  services  agreement  signed  between  the  Government  of  the  Republic  of 
France  and  the  Government  of  Burkina  Faso  at  […],  on  […],  hereinafter 
referred to as the 'Burkina Faso - France Agreement' in Annex 2, 

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List of articles in the agreements listed in Annex 1 and referred to in Articles 2 to 6 of 
this Agreement 

Annex 2 

(a) Designation by a Member State 

•  Article 9 of the Burkina Faso - Belgium Agreement 

•  Article 13 of the Burkina Faso - France Agreement 

•  Article 3 of the Burkina Faso - France Draft Agreement 

(b) Refusal, revocation, suspension or limitation of licences or permits: 

•  Article 10 of the Burkina Faso - Belgium Agreement 

•  Article 6 of the Burkina Faso - France Agreement 

•  Article 4 of the Burkina Faso - France Draft Agreement 

(c ) Regulatory control 

•  Article 9 of the Burkina Faso - Belgium Agreement 

•  Article 11 of the Burkina Faso - France Agreement 

•  Article 8 of the Burkina Faso - France Draft Agreement 

(d) Taxation of aviation fuel 

•  Article 2 of the Burkina Faso - Belgium Agreement 

•  Article 3 of the Burkina Faso - France Agreement 

•  Article 10 of the Burkina Faso - France Draft Agreement 

(e) Tariffs for carriage within the Community 

•  Article 17 of the Burkina Faso - Belgium Agreement 

•  Article 18 of the Burkina Faso - France Agreement 

•  Article 14 of the Burkina Faso - France Draft Agreement 

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COTE D'IVOIRE 

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Annex 1 

List of agreements referred to in Article 1 of this Agreement 

(a)  Bilateral  air  service  agreements  between  the  Republic  of  the  Ivory  Coast  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 Federal Republic of Germany and the Republic of the 
Ivory  Coast  relating  to  Air  Transport  signed  at  Bonn  on  3  October  1978, 
hereinafter referred to as the 'Ivory Coast - Germany Agreement' in Annex 2,  

•  Agreement  between  the  Kingdom  of  Belgium  and  the  Government  of  the 
Republic  of  the  Ivory  Coast  relating  to  Air  Transport  signed  at  Abidjan  on  21 
September 1963, hereinafter referred to as the 'Ivory Coast - Belgium Agreement' 
in Annex 2, 

Last amended by the Memorandum of Understanding done at Abidjan on 31 August 
2002. 

•  Agreement  between  the  Kingdom  of  Denmark  and  the  Republic  of  the  Ivory 
Coast  relating  to  Air  Transport  signed  at  Abidjan  on  1  July  1966,  hereinafter 
referred to as the 'Ivory Coast - Denmark Agreement' in Annex 2, 

•  Agreement  between  the  Republic  of  the  Ivory  Coast  and  the  Spanish  State 
relating to Air Transport signed at Madrid on 15 July 1976, hereinafter referred to 
as the 'Ivory Coast - Spain Agreement' in Annex 2, 

Last  amended  by  the  Memorandum  of  Understanding  done  at  Madrid  on  17 

May 1994. 

•  Agreement  between  the  Republic  of  France  and  the  Republic  of  the  Ivory 
Coast relating to Air Transport signed at Abidjan on 19 October 1962, hereinafter 
referred to as the 'Ivory Coast - France Agreement' in Annex 2, 

•  Agreement between the Republic of the Ivory Coast and the Republic of Italy 
relating  to  Air  Transport  signed  at  Abidjan  on  19  February  1968,  hereinafter 
referred to as the 'Ivory Coast - Italy Agreement' in Annex 2, 

•  Agreement between the Kingdom of the Netherlands and the Republic of the 
Ivory  Coast  relating  to  Air  Transport  signed  at  Abidjan  on  9  October  1963, 
hereinafter referred to as the 'Ivory Coast - Netherlands Agreement' in Annex 2, 

•  Agreement  between  the  Government  of  the  People's  Republic  of  Poland  and 
the  Government  of  the  Republic  of  the  Ivory  Coast  relating  to  Civil  Air 
Transport signed at Abidjan on 13 July 1984, hereinafter referred to as the 'Ivory 
Coast - Poland Agreement' in Annex 2, 

•  Agreement between the People's Republic of the Ivory Coast and the Republic 
of  Portugal  relating  to  Air  Transport  signed  at  Lisbon  on  16  September  1987, 
hereinafter referred to as the 'Ivory Coast - Portugal Agreement' in Annex 2, 

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•  Agreement between the Government of the Socialist Republic of Romania and 
the  Government  of  the  Republic  of  the  Ivory  Coast  relating  to  Civil  Air 
Transport signed at Abidjan on 25 May 1979, hereinafter referred to as the 'Ivory 
Coast - Romania Agreement' in Annex 2, 

•  Agreement  between  the  Kingdom  of  Sweden  and  the  Republic  of  the  Ivory 
Coast  relating  to  Air  Transport  signed  at  Abidjan  on  1  July  1966,  hereinafter 
referred to as the 'Ivory Coast - Sweden Agreement' in Annex 2, 

•  Agreement between the Government of the United Kingdom of Great Britain 
and Northern Ireland and the Government of the Republic of the Ivory Coast 
relating  to  Air  Transport  signed  at  London  on  1  December  1976,  hereinafter 
referred to as the 'Ivory Coast - United Kingdom Agreement' in Annex 2 , 

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

•  Agreement between the People's Republic of the Ivory Coast and the Republic 
of  Portugal  relating  to  Air  Transport  signed  at  Lisbon  on  12  July  1990, 
hereinafter referred to as the 'Ivory Coast - Portugal Agreement' in Annex 2, 

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List of articles in the agreements listed in Annex 1 and referred to in Articles 2 to 6 of 
this Agreement 

Annex 2 

(a) Designation by a Member State 

•  Article 3 of the Ivory Coast - Germany Agreement 

•  Article 10 of the Ivory Coast - Belgium Agreement 

•  Article 10 of the Ivory Coast - Denmark Agreement 

•  Article 10 of the Ivory Coast - Spain Agreement 

•  Article 11 of the Ivory Coast - France Agreement 

•  Article 10 of the Ivory Coast - Italy Agreement 

•  Article 10 of the Ivory Coast - Netherlands Agreement 

•  Article IX of the Ivory Coast - Poland Agreement 

•  Article 6 of the Ivory Coast - Portugal Agreement 

•  Article 8 of the Ivory Coast - Romania Agreement 

•  Article 10 of the Ivory Coast - Sweden Agreement 

•  Article 10 of the Ivory Coast - United Kingdom Agreement 

(b) Refusal, revocation, suspension or limitation of licences or permits: 

•  Article 4 of the Ivory Coast - Germany Agreement 

•  Article 11 of the Ivory Coast - Belgium Agreement 

•  Article 11 of the Ivory Coast - Denmark Agreement 

•  Article 11 of the Ivory Coast - Spain Agreement 

•  Article 12 of the Ivory Coast - France Agreement 

•  Article 11 of the Ivory Coast - Italy Agreement 

•  Article 11 of the Ivory Coast - Netherlands Agreement 

•  Article X of the Ivory Coast - Poland Agreement 

•  Article 21 of the Ivory Coast - Portugal Agreement 

•  Article 9 of the Ivory Coast - Romania Agreement 

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•  Article 11 of the Ivory Coast - Sweden Agreement 

•  Article 11 of the Ivory Coast - United Kingdom Agreement 

(c ) Regulatory control 

•  Article 3 of the Ivory Coast - Germany Agreement 

•  Article 4 of the Ivory Coast - Belgium Agreement 

•  Article 10 of the Ivory Coast - Denmark Agreement 

•  Article 10 of the Ivory Coast - Spain Agreement 

•  Article 11 of the Ivory Coast - France Agreement 

•  Article 10 of the Ivory Coast - Italy Agreement 

•  Article 10 of the Ivory Coast - Netherlands Agreement 

•  Article IX of the Ivory Coast - Poland Agreement 

•  Article 7 of the Ivory Coast - Portugal Agreement 

•  Article 8 of the Ivory Coast - Romania Agreement 

•  Article 10 of the Ivory Coast - Sweden Agreement 

•  Article 14 of the Ivory Coast - United Kingdom Agreement 

(d) Taxation of aviation fuel 

•  Article 6 of the Ivory Coast - Germany Agreement 

•  Article 3 of the Ivory Coast - Belgium Agreement 

•  Article 3 of the Ivory Coast - Denmark Agreement 

•  Article 3 of the Ivory Coast - Spain Agreement 

•  Article 3 of the Ivory Coast - France Agreement 

•  Article 3 of the Ivory Coast - Italy Agreement 

•  Article 3 of the Ivory Coast - Netherlands Agreement 

•  Article III of the Ivory Coast - Poland Agreement 

•  Article 5 of the Ivory Coast - Portugal Agreement 

•  Article 2 of the Ivory Coast - Romania Agreement 

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•  Article 3 of the Ivory Coast - Sweden Agreement 

•  Article 3 of the Ivory Coast - United Kingdom Agreement 

(e) Tariffs for carriage within the European Community 

•  Article 9 of the Ivory Coast - Germany Agreement 

•  Article 18 of the Ivory Coast - Belgium Agreement 

•  Article 17 of the Ivory Coast - Denmark Agreement 

•  Article 19 of the Ivory Coast - Spain Agreement 

•  Article 18 of the Ivory Coast - France Agreement 

•  Article 18 of the Ivory Coast - Italy Agreement 

•  Article 18 of the Ivory Coast - Netherlands Agreement 

•  Article XVII of the Ivory Coast - Poland Agreement 

•  Article 15 of the Ivory Coast - Portugal Agreement 

•  Article 16 of the Ivory Coast - Romania Agreement 

•  Article 17 of the Ivory Coast - Sweden Agreement 

•  Article 17 of the Ivory Coast - United Kingdom Agreement 

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GUINEA-BISSAU 

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Annex 1 

List of agreements referred to in Article 1 of this Agreement 

(a) Bilateral air service agreements between the Republic of Guinea Bissau 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  Republic  of  Portugal  and  the  Republic  of  Guinea 
Bissau relating to Air Transport signed at Lisbon on 30 August 2007, hereinafter 
referred to as the 'Guinea Bissau - Portugal Agreement' in Annex 2, 

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

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List of articles in the agreements listed in Annex 1 and referred to in Articles 2 to 6 of 
this Agreement 

Annex 2 

(a) Designation by a Member State 

•  Article 3 of the Guinea Bissau – Portugal Agreement 

(b) Refusal, revocation, suspension or limitation of licences or permits: 

•  Article 4 of the Guinea Bissau - Portugal Agreement 

(c ) Regulatory control 

•  Article 15 of the Guinea Bissau - Portugal Agreement 

(d) Taxation of aviation fuel 

•  Article 6 of the Guinea Bissau - Portugal Agreement 

(e) Tariffs for carriage within the Community 

•  Article 18 of the Guinea Bissau - Portugal Agreement 

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MALI 

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Annex 1 

List of agreements referred to in Article 1 of this Agreement 

(a) Bilateral air service agreements between the Republic of Mali 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 Kingdom of Belgium and the Republic of Mali relating 
to Air Transport signed at Brussels on 9 May 1985, hereinafter referred to as the 
'Mali - Belgium Agreement' in Annex 2, 

Last  amended  by  the  Memorandum  of  Understanding  done  at  [place]  on  11  April 
2002. 

•  Agreement between the Socialist Republic of Czechoslovakia and the Republic 
of  Mali  signed  at  Prague  on  27  November  1961,  hereinafter  referred  to  as  the 
'Mali - Czechoslovakia Agreement' in Annex 2,  

•  Agreement  between  the  Government  of  the  Kingdom  of  Spain  and  the 
Government of the Republic of Mali relating to Air Transport signed at Madrid 
on 5 November 1990, hereinafter referred to as the 'Mali - Spain Agreement” in 
Annex 2, 

•  Agreement between the Republic of France and the Republic of Mali relating 
to Air Transport signed at Paris on 5 August 1961, hereinafter referred to as the 
'Mali - France Agreement' in Annex 2, 

•  Agreement between the Government of the Socialist Republic of Romania and 
the Government of the Republic of Mali relating to Civil Air Transport, signed 
at  Bucharest  on  21  June  1983,  hereinafter  referred  to  as  the  'Mali  -  Romania 
Agreement' in Annex 2, 

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

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List of articles in the agreements listed in Annex 1 and referred to in Articles 2 to 6 of 
this Agreement 

Annex 2 

(a) Designation by a Member State 

•  Article 6 of the Mali - Belgium Agreement 

•  Article 2 of the Mali - Czechoslovakia Agreement 

•  Article 6 of the Mali - Spain Agreement 

•  Article 14 of the Mali - France Agreement 

•  Article 3 of the Mali - Romania Agreement 

(b) Refusal, revocation, suspension or limitation of licences or permits: 

•  Article 7 of the Mali - Belgium Agreement 

•  Article 2 of the Mali - Czechoslovakia Agreement 

•  Articles 6 and 7 of the Mali - Spain Agreement 

•  Article 7 of the Mali - France Agreement 

•  Article 6 of the Mali - Romania Agreement 

(c ) Regulatory control 

•  Article 5 of the Mali - Belgium Agreement 

•  Article 2 of the Mali - Czechoslovakia Agreement 

•  Article 5 of the Mali - Spain Agreement 

•  Article 14 of the Mali - France Agreement 

•  Article 3 of the Mali - Romania Agreement 

(d) Taxation of aviation fuel 

•  Article 9 of the Mali - Belgium Agreement 

•  Article 4 of the Mali - Czechoslovakia Agreement 

•  Article 9 of the Mali - Spain Agreement 

•  Article 3 of the Mali - France Agreement 

•  Article 8 of the Mali - Romania Agreement 

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(e) Tariffs for carriage within the Community 

•  Article 14 of the Mali - Belgium Agreement 

•  Article 8 of the Mali - Czechoslovakia Agreement 

•  Article 14 of the Mali - Spain Agreement 

•  Article 20 of the Mali - France Agreement 

•  Article 13 of the Mali - Romania Agreement 

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NIGER 

Annex 1 

List of agreements referred to in Article 1 of this Agreement 

(a) Bilateral air service agreements between the Republic of Niger 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  Kingdom  of  Belgium  and  the  Republic  of  Niger 
relating  to  Air  Transport  signed  at  Niamey  on  19  August  1963,  hereinafter 
referred to as the 'Niger - Belgium Agreement' in Annex 2, 

•  Agreement between the Republic of France and the Republic of Niger relating 
to  Air  Transport  signed  at  Paris  on  28  May  1962,  hereinafter  referred  to  as  the 
'Niger - France Agreement' in Annex 2, 

•  Agreement between the Government of the Socialist Republic of Romania and 
the Government of the Republic of Niger relating to Civil Air Transport, signed 
at  Bucharest  on  7  June  1978,  hereinafter  referred  to  as  the  'Niger  -  Romania 
Agreement' in Annex 2, 

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

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List of articles in the agreements listed in Annex 1 and referred to in Articles 2 to 6 of 
this Agreement 

Annex 2 

(a) Designation by a Member State 

•  Article 10 of the Niger - Belgium Agreement 

•  Article 13 of the Niger - France Agreement 

•  Article 3 of the Niger - Romania Agreement 

(b) Refusal, revocation, suspension or limitation of licences or permits: 

•  Article 11 of the Niger - Belgium Agreement 

•  Article 6 of the Niger - France Agreement 

•  Article 5 of the Niger - Romania Agreement 

(c ) Regulatory control 

•  Article 10 of the Niger - Belgium Agreement 

•  Article 11 of the Niger - France Agreement 

•  Article 3 of the Niger - Romania Agreement 

(d) Taxation of aviation fuel 

•  Article 3 of the Niger - Belgium Agreement 

•  Article 3 of the Niger - France Agreement 

•  Article 6 of the Niger - Romania Agreement 

(e) Tariffs for carriage within the Community 

•  Article 18 of the Niger - Belgium Agreement 

•  Article 18 of the Niger - France Agreement 

•  Article 9 of the Niger - Romania Agreement 

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SENEGAL 

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Annex 1 

List of agreements referred to in Article 1 of this Agreement 

(a) Bilateral air service agreements between the Republic of Senegal 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 Federal Republic of Germany and the Republic of the 
Senegal relating to Air Transport signed at Bonn on 29 October 1964, hereinafter 
referred to as the 'Senegal - Germany Agreement' in Annex 2, 

•  Agreement  between  the  Federal  Republic  of  Austria  and  the  Government  of 
the Republic of Senegal relating to Air Transport signed at Dakar on 4 February 
1987, hereinafter referred to as the 'Senegal - Austria Agreement' in Annex 2, 

•  Agreement  between  the  Kingdom  of  Belgium  and  the  Republic  of  Senegal 
relating  to  Air  Transport  signed  at  Dakar  on  25  November  1966,  hereinafter 
referred to as the 'Senegal - Belgium Agreement' in Annex 2, 

Last amended by the Memorandum of Understanding done at Dakar on 4 June 2002. 

•  Agreement  between  the  People's  Republic  of  Bulgaria  and  the  Republic  of 
Senegal relating to Air Transport signed at Sofia on [date],, hereinafter referred to 
as the 'Senegal - Bulgaria Agreement' in Annex 2, 

•  Agreement between the Socialist Republic of Czechoslovakia and the Republic 
of Senegal relating to Air Transport signed at Prague on 20 June 1962, hereinafter 
referred to as the 'Senegal - Czechoslovakia Agreement' in Annex 2, 

•  Agreement between the Republic of Senegal and Spain relating to Air Transport 
signed at Dakar on  26 June 1968,  hereinafter referred to as the 'Senegal - Spain 
Agreement' in Annex 2, 

Last amended by the Memorandum of Understanding done at Dakar on 22 February 
2006. 

•  Agreement  between  the  Republic  of  France  and  the  Republic  of  Senegal 
relating to Air Transport signed at Paris on 15 June 1962, hereinafter referred to 
as the 'Senegal - France Agreement' in Annex 2, 

•  Agreement between the Republic of Italy and the Republic of Senegal relating 
to Air Transport signed at Rome on 20 April 1972, hereinafter referred to as the 
'Senegal - Italy Agreement' in Annex 2, 

Last amended by the Memorandum of Understanding done at Rome on 21 July 2004. 

•  Agreement  between  the  Government of the Kingdom of the Netherlands and 
the Government of the Republic of Senegal relating to Air Transport signed at 
Dakar  on  27  July  1977,  hereinafter  referred  to  as  the  'Senegal  -  Netherlands 
Agreement' in Annex 2, 

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•  Agreement  between  the  Government  of  the  People's  Republic  of  Poland  and 
the Government of the Republic of Senegal relating to Air Transport signed at 
Dakar  on  1  August  1969,  hereinafter  referred  to  as  the  'Senegal  -  Poland 
Agreement' in Annex 2, 

•  Agreement  between  the  Government  of  Portugal  and  the  Government  of  the 
Republic  of  Senegal  relating  to  Air  Transport  signed  at  Lisbon  on  21  February 
1977, hereinafter referred to as the 'Senegal - Portugal Agreement' in Annex 2, 

•  Agreement between the Government of the Socialist Republic of Romania and 
the  Government  of  the  Republic  of  Senegal  relating  to  Air  Services  signed  at 
Dakar  on  25  February  1977,  hereinafter  referred  to  as  the  'Senegal  -  Romania 
Agreement' in Annex 2, 

•  Agreement  between  the  Government  of  Senegal  and  the  United  Kingdom  of 
Great  Britain  and  Northern  Ireland  signed  at  Dakar  on  21  June  2006, 
hereinafter referred to as the 'Senegal - United Kingdom Agreement” in Annex 2 ; 

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

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List of articles in the agreements listed in Annex 1 and referred to in Articles 2 to 6 of 
this Agreement 

Annex 2 

(a) Designation by a Member State 

•  Article 14 of the Senegal - Germany Agreement 

•  Article 8 of the Senegal - Austria Agreement 

•  Article 10 of the Senegal - Belgium Agreement 

•  Article 12 of the Senegal - Bulgaria Agreement 

•  Article 10 of the Senegal - Czechoslovakia Agreement 

•  Article 11 of the Senegal - France Agreement 

•  Article 5 of the Senegal - Italy Agreement 

•  Article 7 of the Senegal - Netherlands Agreement 

•  Article 3 of the Senegal - Poland Agreement 

•  Article VIII of the Senegal - Portugal Agreement 

•  Article 8 of the Senegal - Romania Agreement 

•  Article 3 of the Senegal - Spain Agreement 

•  Article 4 of the Senegal - United Kingdom Agreement 

(b) Refusal, revocation, suspension or limitation of licences or permits: 

•  Article 7 of the Senegal - Germany Agreement 

•  Articles 8 and 9 of the Senegal - Austria Agreement 

•  Article 11 of the Senegal - Belgium Agreement 

•  Article 13 of the Senegal - Bulgaria Agreement 

•  Article 5 of the Senegal - Czechoslovakia Agreement 

•  Article 6 of the Senegal - France Agreement 

•  Article 6 of the Senegal - Italy Agreement 

•  Article 9 of the Senegal - Netherlands Agreement 

•  Article 3 of the Senegal - Poland Agreement 

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•  Article X of the Senegal - Portugal Agreement 

•  Article 9 of the Senegal - Romania Agreement 

•  Article 4 of the Senegal - Spain Agreement 

•  Article 5 of the Senegal - United Kingdom Agreement 

(c ) Regulatory control 

•  Article 12 of the Senegal - Germany Agreement 

•  Article 8 of the Senegal - Austria Agreement 

•  Article 4 of the Senegal - Belgium Agreement 

•  Article 12 of the Senegal - Bulgaria Agreement 

•  Article 10 of the Senegal - Czechoslovakia Agreement 

•  Article 11 of the Senegal - France Agreement 

•  Article 4 of the Senegal - Italy Agreement 

•  Article 7 of the Senegal - Netherlands Agreement 

•  Article 3 of the Senegal - Poland Agreement 

•  Article VIII of the Senegal - Portugal Agreement 

•  Article 8 of the Senegal - Romania Agreement 

•  Annexe VI of the Memorandum of Understanding between Senegal and Spain 

•  Article 14 of the Senegal - United Kingdom Agreement 

(d) Taxation of aviation fuel 

•  Article 3 of the Senegal - Germany Agreement 

•  Article 5 of the Senegal - Austria Agreement 

•  Article 3 of the Senegal - Belgium Agreement 

•  Article 3 of the Senegal - Bulgaria Agreement 

•  Article 3 of the Senegal - Czechoslovakia Agreement 

•  Article 3 of the Senegal - France Agreement 

•  Article 3 of the Senegal - Italy Agreement 

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•  Article 5 of the Senegal - Netherlands Agreement 

•  Article 8 of the Senegal - Poland Agreement 

•  Article V of the Senegal - Portugal Agreement 

•  Article 5 of the Senegal - Romania Agreement 

•  Article 5 of the Senegal - Spain Agreement 

•  Article 8 of the Senegal - United Kingdom Agreement 

(e) Tariffs for carriage within the Community 

•  Article 18 of the Senegal - Germany Agreement 

•  Article 13 of the Senegal - Austria Agreement 

•  Article 18 of the Senegal - Belgium Agreement 

•  Article 20 of the Senegal - Bulgaria Agreement 

•  Article 17 of the Senegal - Czechoslovakia Agreement 

•  Article 18 of the Senegal - France Agreement 

•  Article 18 of the Senegal - Italy Agreement 

•  Article 14 of the Senegal - Netherlands Agreement 

•  Article 11 of the Senegal - Poland Agreement 

•  Article XIV of the Senegal - Portugal Agreement 

•  Article 13 of the Senegal - Romania Agreement 

•  Article 11 of the Senegal - Spain Agreement 

•  Article 7 of the Senegal - United Kingdom Agreement 

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TOGO 

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Annex 1 

List of agreements referred to in Article 1 of this Agreement 

(a) Bilateral air service agreements between the Republic of Togo 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 Kingdom of Belgium and the Republic of Togo relating 
to Air Transport signed at Brussels on 12 May 1981, hereinafter referred to as the 
'Togo - Belgium Agreement' in Annex 2, 

Last amended by the Memorandum of Understanding done at Brussels on 21 January 
2004. 

•  Agreement between the Government of the People's Republic of Bulgaria and 
the  Government  of  the  Republic  of  Togo  relating  to  Air  Transport  signed  at 
Lomé on 6 July 1990, hereinafter referred to as the 'Togo - Bulgaria Agreement' in 
Annex 2, 

•  Agreement  between  the  Federal  Republic  of  Germany  and  the  Republic  of 
Togo  relating  to  Air  Transport  signed  at  Bonn  on  27  May  1971,  hereinafter 
referred to as the 'Togo - Germany Agreement' in Annex 2, 

•  Agreement  between  the  Government  of  the  Republic  of  Togo  and  the 
Government of the Republic of France relating to Air Transport signed at Lomé 
on  16  April  1982,  hereinafter  referred  to  as  the  'Togo  -  France  Agreement'  in 
Annex 2, 

Last amended by the minutes of the Consultations drawn up at Paris on 20 October 
2003. 

•  Agreement  between  the  Republic  of  Togo  and  the  Grand  Duchy  of 
Luxembourg  relating  to  Air  Transport  signed  at  Lomé  on  23  October  1987, 
hereinafter referred to as the 'Togo - Luxembourg Agreement' in Annex 2, 

•  Agreement between the Kingdom of the Netherlands and the Republic of Togo 
relating to Air Transport signed at Lomé on 17 May 1981, hereinafter referred to 
as the 'Togo - Netherlands Agreement' in Annex 2, 

•  Agreement between the Government of the United Kingdom of Great Britain 
and Northern Ireland and the Government of the Republic of Togo relating to 
Air  Transport  signed  at  London  on  15  February  1999,  hereinafter  referred  to  as 
the 'Togo - United Kingdom Agreement' in Annex 2 , 

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

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List of articles in the agreements listed in Annex 1 and referred to in Articles 2 to 6 of 
this Agreement 

Annex 2 

(a) Designation by a Member State 

•  Article 9 of the Togo - Belgium Agreement 

•  Article 12 of the Togo - Bulgaria Agreement 

•  Article 9 of the Togo - France Agreement 

•  Article 14 of the Togo - Germany Agreement 

•  Article 11 of the Togo - Luxembourg Agreement 

•  Article 11 of the Togo - Netherlands Agreement 

•  Article 4 of the Togo - United Kingdom Agreement 

(b) Refusal, revocation, suspension or limitation of licences or permits: 

•  Article 10 of the Togo - Belgium Agreement 

•  Article 13 of the Togo - Bulgaria Agreement 

•  Article 10 of the Togo - France Agreement 

•  Article 7 of the Togo - Germany Agreement 

•  Article 12 of the Togo - Luxembourg Agreement 

•  Article 12 of the Togo - Netherlands Agreement 

•  Article 5 of the Togo - United Kingdom Agreement 

(c ) Regulatory control 

•  Article 3 of the Togo - Belgium Agreement 

•  Article 12 of the Togo - Bulgaria Agreement 

•  Article 12 of the Togo - Germany Agreement 

•  Article 9 of the Togo - France Agreement 

•  Article 11 of the Togo - Luxembourg Agreement 

•  Article 11 of the Togo - Netherlands Agreement 

•  Article 14 of the Togo - United Kingdom Agreement 

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(d) Taxation of aviation fuel 

•  Article 2 of the Togo - Belgium Agreement 

•  Article 3 of the Togo - Bulgaria Agreement 

•  Article 2 of the Togo - France Agreement 

•  Article 3 of the Togo - Germany Agreement 

•  Article 2 of the Togo - Luxembourg Agreement 

•  Article 2 of the Togo - Netherlands Agreement 

•  Article 8 of the Togo - United Kingdom Agreement 

(e) Tariffs for carriage within the Community 

•  Article 17 of the Togo - Belgium Agreement 

•  Article 18 of the Togo - Bulgaria Agreement 

•  Article 18 of the Togo - France Agreement 

•  Article 18 of the Togo - Germany Agreement 

•  Article 19 of the Togo - Luxembourg Agreement 

•  Article 19 of the Togo - Netherlands Agreement 

•  Article 7 of the Togo - United Kingdom Agreement 

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