Agreement between the European Community and the Government of the Republic of India on certain aspects of air services
Date: 2008-09-28
Institutions: European Community, India
Subjects: European Community, India, agreement (EU), air transport, interim agreement (EU), signature of an agreement

15.10.2008

EN

Official Journal of the European Union

L 273/9

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

AGREEMENT

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 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 I 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,

L 273/10

EN

Official Journal of the European Union

15.10.2008

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

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

1.
mean Member States of the European Community.

(iii) 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 III and/or nationals of such other states, and
shall at all times be effectively controlled by such states
and/or such nationals.

2.
References in each of the agreements listed in Annex I 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.

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:

3.
References in each of the agreements listed in Annex I 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

4.
out through bilateral arrangements.

Article 2

Designation by a Member State

1.
The provisions in paragraphs 2 and 3 of this Article shall
supersede the corresponding provisions in the Articles listed in
Annex II(a) and (b), respectively, in relation to the designation
of an air carrier by the Member State concerned, its authoris­
ations and permissions granted by the Republic of India, and
the refusal, revocation, suspension or limitation of the author­
isations or permissions of the air carrier, respectively.

On receipt of a designation by a Member State,

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

India shall grant

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

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

(i) 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
European
Community law;

accordance with

Licence

in

(ii) effective regulatory control of the air carrier is not exercised
or not maintained by the Member State responsible for
issuing its Air Operator’s Certificate, or the relevant aero­
nautical authority is not clearly identified in the designation;

(iii) 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 III and/or nationals of such other
states;

(iv) 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

(v) the air carrier designated holds an Air Operator’s 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.

15.10.2008

EN

Official Journal of the European Union

L 273/11

Article 3

Safety

The provisions

1.
complement the corresponding Articles listed in Annex II(c).

in paragraph 2 of

this Article shall

2. Where a Member State has designated an air carrier whose
regulatory control
is exercised and maintained by another
Member State, the rights of the 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 main­
tenance 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

associations of undertakings or

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

that prevent, distort or

restrict competition;

to private

The provisions contained in the agreements listed in
this
that are incompatible with paragraph 1 of

2.
Annex I
Article shall not be applied.

Article 5

Annexes to the Agreement

The Annexes to this Agreement shall
thereof.

form an integral part

Article 7

Entry into force and provisional application

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

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

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

India which, at

Agreements and other arrangements between Member
3.
States and the Republic of
the date of
signature of this Agreement, have not yet entered into force
and are not being applied provisionally are listed in Annex
I(b). This Agreement shall apply to all such Agreements and
arrangements upon their entry into force or provisional appli­
cation.

Article 8

Termination

In the event

that an agreement

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

listed in Annex I

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

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

Article 6

Review, revision or amendment

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

Done at Marseille in duplicate, on this twenty-eighth day of
September two thousand and eight 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.

L 273/12

EN

Official Journal of the European Union

15.10.2008

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

За правителството на Република Индия
Por el Gobierno de la República de la India
Za vládu Indické republiky
For regeringen for Republikken Indien
Für die Regierung der Republik Indien
India Vabariigi valitsuse nimel
Για την κυβέρνηση της Δημοκρατίας της Ινδίας
For the Government of the Republic of India
Pour le gouvernement de la République de l'Inde
Per il governo della Repubblica dell'India
Indijas Republikas valdības vārdā
Indijos Respublikos Vyriausybės vardu
Az Indiai Köztársaság kormánya részéről
Għall-Gvern tar-Repubblika ta' l-Indja
Voor de Regering van de Republiek India
W imieniu Rządu Republiki Indii
Pelo Governo da Repúblika da Índia
Pentru Guvernul Republicii India
Za vládu Indickej republiky
Za Vlado Republike Indije
Intian tasavallan hallituksen puolesta
För Republiken Indiens regering

15.10.2008

EN

Official Journal of the European Union

L 273/13

ANNEX I

List of agreements referred to in Article 1 of this Agreement

(a) Air service agreements between the Government of India and Member States of the European Community as they
may have been amended, modified or supplemented, 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,

— 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,

— 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,

— 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,

— 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,

— 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,

— Air Services Agreement between the Government of the Republic of Finland and the Government of India signed

at New Delhi on 18 July 1995,

— 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,

— Agreement between the Federal Republic of Germany and the Government of India relating to Air Services signed

at New Delhi on 31 May 1963,

— 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,

— Air Transport Agreement between the Government of Ireland and the Government of India signed at New Delhi

on 20 February 1991,

— Agreement between the Government of Italy and the Government of India relating to Air Services signed at Rome

on 16 July 1959,

— 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,

— 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,

— 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 Delhi on 8 January 2001,

— 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,

— Agreement between the Government of the Netherlands and the Government of India relating to Air Services

signed at New Delhi on 24 May 1951,

— 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,

L 273/14

EN

Official Journal of the European Union

15.10.2008

— 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,

— Air Services Agreement between the Government of Romania and the Government of India done at New Delhi

on 4 December 1993,

— 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,

— 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,

— Air Transport Agreement between the Government of Spain and the Government of the Republic of India signed

at New Delhi on 10 April 1987,

— 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,

— Air Services Agreement between the Government of the Republic of India and the Government of the United

Kingdom of Great Britain and Northern Ireland signed at New Delhi on 8 September 2005;

(b) Air service agreements and other arrangements initialled or signed between the Government of India and Member
States of the European Community as they may have been amended, modified or supplemented, 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.

15.10.2008

EN

Official Journal of the European Union

L 273/15

ANNEX II

List of articles in the agreements listed in Annex I and referred to in Articles 2 and 3 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 III, of the India — Germany Agreement,

— Article 3, of the India — Greece Agreement,

— Article 3, of the India — Hungary Agreement,

— Article 3, of the India — Ireland Agreement,

— Article IV, of the India — Italy Agreement,

— Article 3, of the India — Latvia Agreement,

— Article 3, of the India — Lithuania Agreement,

— Article 3, of the India — Luxembourg Agreement,

— Article 3, of the India — Malta 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 II, of the India — Spain Agreement,

— Article 3, of the India — Sweden Agreement,

— Article 4, of the India — United Kingdom Agreement;

(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,

L 273/16

EN

Official Journal of the European Union

15.10.2008

— 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 IV, 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 IV, 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 IV, of the India — Spain Agreement,

— Article 4, of the India — Sweden Agreement,

— Article 5, of the India — United Kingdom Agreement;

(c) Safety:

— The safety article agreed between India and Denmark on 30 November 2006,

— The safety article agreed between India and Finland on 18 May 2006,

— Appendix C, of the India — Greece Agreement,

— Article XI, of the India — Spain Agreement,

— The safety article agreed between India and Sweden on 30 November 2006,

— Article 7, of the India — United Kingdom Agreement.

15.10.2008

EN

Official Journal of the European Union

L 273/17

ANNEX III

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

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

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

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

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

Air Transport).