Agreement between the European Community and the Republic of Armenia on certain aspects of air services
Date: 2008-12-09
Institutions: Armenia, European Community
Subjects: Armenia, agreement (EU), air transport

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

AGREEMENT

THE EUROPEAN COMMUNITY,

of the one part, and

THE REPUBLIC OF ARMENIA,

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 Armenia 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 Armenia, which are contrary to European Community law, must be brought into
conformity with it in order to establish a sound legal basis for air services between the European Community and the
Republic of Armenia 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 Armenia which (i) require or favour the adoption of agreements between undertakings,
decisions by associations of undertakings or concerted practices that prevent, distort or restrict competition between air
carriers on the relevant routes; or (ii) reinforce the effects of any such agreement, decision or concerted practice; or (iii)
delegate to air carriers or other private economic operators the responsibility for taking measures that prevent, distort or
restrict competition between air carriers on the relevant routes may render ineffective the competition rules applicable to
undertakings,

NOTING that it is not a purpose of this Agreement to increase the total volume of air traffic between the European
Community and the Republic of Armenia, to affect the balance between Community air carriers and air carriers of the
Republic of Armenia, or to make amendments to the provisions of existing bilateral air service agreements concerning
traffic rights,

HAVE AGREED AS FOLLOWS:

Article 1

General provisions

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

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

1.
mean Member States of the European Community.

2.
References in each of the Agreements listed in Annex I to
nationals of the Member State that is a party to that Agreement

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.

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Article 2

Designation by a Member State

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

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 authorisations
and permissions granted by the Republic of Armenia, and the
refusal, revocation, suspension or limitation of the authoris­
ations or permissions of the air carrier, respectively.

2.
the
On receipt of a designation by a Member State,
Republic of Armenia shall grant the appropriate authorisations
and permissions with minimum procedural delay, provided that:

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

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

(iii) the air carrier

is owned, directly or

through majority
ownership, and it
is effectively controlled by Member
States and/or nationals of Member States, and/or by other
states listed in Annex III and/or nationals of such other
states.

The Republic of Armenia may refuse, revoke, suspend or
the authorisations or permissions of an air carrier

3.
limit
designated by a Member State where:

(i) the air carrier is not established, under the Treaty estab­
lishing the European Community,
in the territory of the
designating Member State 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 Operators Certificate, or the relevant aero­
nautical authority is not clearly identified in the desig­
nation; or

Article 3

Safety

The provisions

1.
this Article shall
complement the corresponding provisions in the articles listed
in Annex II(c).

in paragraph 2 of

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 Armenia under
the safety provisions of the Agreement between the Member
State that has designated the air carrier and the Republic of
Armenia shall apply equally in respect of
the adoption,
exercise or maintenance of safety standards by that other
Member State and in respect of the operating authorisation of
that air carrier.

Article 4

Taxation of aviation fuel

The provisions

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

in paragraph 2 of

taxes,

2.
Notwithstanding any other provision to the contrary,
nothing in each of the Agreements listed in Annex II(d) shall
prevent a Member State from imposing, on a non-discrimi­
fees or charges on fuel
natory basis,
supplied in its territory for use in an aircraft of a designated
air carrier of the Republic of Armenia that operates between a
point in the territory of that Member State and another point in
the territory of that Member State or in the territory of another
Member State.

levies, duties,

Article 5

Tariffs for carriage within the European Community

The provisions

1.
complement
listed in Annex II(e).

in paragraph 2 of

the corresponding provisions

this Article shall
in the Articles

(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.

2.
The tariffs to be charged by the air carrier(s) designated by
the Republic of Armenia under an Agreement listed in Annex I
containing a provision listed in Annex II(e) for carriage wholly
within the European Community shall be subject to European
Community law.

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Article 6

Compatibility with competition rules

Notwithstanding any other provision to the contrary,

1.
nothing in each of the Agreements listed in Annex I shall:

(i) require or favour the adoption of agreements between air
services undertakings, decisions by associations of under­
that prevent or distort
takings or concerted practices
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 compe­
tition.

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 7

Annexes to the Agreement

The Annexes to this Agreement shall
thereof.

form an integral part

Article 8

Revision or amendment

The Parties may, at any time, revise or amend this Agreement
by mutual consent. Such amendments shall be made in the
form of separate protocols, which, upon their entry into force
according to the provisions prescribed in Article 9 of
this
Agreement, shall constitute an integral part of this Agreement.

Article 9

Entry into force

1.
The Parties shall notify each other in writing that their
respective internal procedures necessary for its entry into force
have been completed. This Agreement shall enter into force on
the date of receipt of the last notification.

Agreements and other arrangements between Member
2.
States and the Republic of Armenia which, at
the date of
signature of this Agreement, have not yet entered into force
and are not being applied are included in Annex I. This
Agreement shall apply to all such Agreements and arrangements
upon their entry into force.

Article 10

Termination

In the event

that an Agreement

1.
is
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.

Done at Brussels in duplicate, on this ninth day of December in
the year 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
Armenian languages.

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

За Република Армения
Por la República de Armenia
Za Arménskou republiku
For Republikken Armenien
Für die Republik Armenien
Armeenia Vabariigi nimel
Για τη Δημοκρατία της Αρμενίας
For the Republic of Armenia
Pour la République d'Arménie
Per la Repubblica d'Armenia
Armēnijas Republikas vārdā
Armenijos Respublikos vardu
Az Örmény Köztársaság részéről
Għar-Repubblika ta' l-Armenja
Voor de Republiek Armenië
W imieniu Republiki Armenii
Pela República da Arménia
Pentru Republica Armenia
Za Arménsku republiku
Za Republiko Armenijo
Armenian tasavallan puolesta
För Republiken Armenien

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ANNEX I

List of Agreements referred to in Article 1 of this Agreement

Air service Agreements between the Republic of Armenia and Member States of the European Community:
— Agreement between the Government of Austria and the Government of the Republic of Armenia relating to Air
Services initialled at Vienna on 25 August 1993, hereinafter referred to as the ‘Armenia-Austria Agreement’
in
Annex II,

— Agreement between the Government of Belgium and the Government of the Republic of Armenia relating to Air
Services signed at Brussels on 7 June 2001, hereinafter referred to as the ‘Armenia-Belgium Agreement’ in Annex II,
— Agreement between the Government of the Republic of Bulgaria and the Government of the Republic of Armenia
relating to Air Services signed at Sofia on 10 April 1995, hereinafter referred to as the ‘Armenia-Bulgaria Agreement’
in Annex II,

— Agreement between the Government of the Republic of Cyprus and the Government of the Republic of Armenia
relating to Air Services signed at Yerevan on 11 September 1998, hereinafter referred to as the ‘Armenia-Cyprus
Agreement’ in Annex II,

— Air Transport Agreement between the Government of the Czech Republic and the Government of the Republic of
Armenia initialled at Prague on 8 February 2002, hereinafter referred to as the ‘Armenia-Czech Republic Agreement’
in Annex II,

— Agreement between the Government of the Kingdom of Denmark and the Government of the Republic of Armenia
relating to Air Services signed at Stockholm on 25 October 2000, hereinafter referred to as the ‘Armenia-Denmark
Agreement’ in Annex II,

— Agreement between the Government of the Republic of Estonia and the Government of the Republic of Armenia
relating to Air Services signed at Tallinn on 17 March 2000, hereinafter referred to as the ‘Armenia-Estonia
Agreement’ in Annex II,

— Agreement between the Government of the French Republic and the Government of the Republic of Armenia relating
to Air Services initialled at Paris on 12 February 2002, hereinafter referred to as the ‘Armenia-France Agreement’ in
Annex II,

— Air Transport Agreement between the Government of the Federal Republic of Germany and the Government of the
Republic of Armenia signed at Bonn on 4 May 1998, hereinafter referred to as the ‘Armenia-Germany Agreement’ in
Annex II,

— Agreement between the Government of the Hellenic Republic and the Government of the Republic of Armenia
relating to Air Services signed at Athens on 16 December 1994, hereinafter referred to as the ‘Armenia-Greece
Agreement’ in Annex II,

— Agreement between the Government of the Italian Republic and the Government of the Republic of Armenia relating
to Air Services signed at Yerevan on 18 July 2002, hereinafter referred to as the ‘Armenia-Italy Agreement’
in
Annex II,

— Agreement between the Government of the Grand Duchy of Luxembourg and the Government of the Republic of
Armenia relating to Air Services initialled at Luxembourg on 21 November 2000, hereinafter referred to as the
‘Armenia-Luxembourg Agreement’ in Annex II,

— Agreement between the Government of the Kingdom of the Netherlands and the Government of the Republic of
Armenia relating to Air Services signed at Yerevan on 26 November 1999, hereinafter referred to as the ‘Armenia-
Netherlands Agreement’ in Annex II,

— Agreement between the Government of the Republic of Poland and the Government of the Republic of Armenia
concerning civil air transport signed at Warsaw on 27 January 1998, hereinafter referred to as the ‘Armenia-Poland
Agreement’ in Annex II,

— Agreement between the Government of Romania and the Government of the Republic of Armenia concerning Air
Services signed at Yerevan on 25 March 1996, hereinafter referred to as the ‘Armenia-Romania Agreement’
in
Annex II,

— Agreement between the Government of the Kingdom of Sweden and the Government of the Republic of Armenia
relating to Air Services signed at Stockholm on 25 October 2000, hereinafter referred to as the ‘Armenia-Sweden
Agreement’ in Annex II,

— Agreement between the Government of

the United Kingdom of Great Britain and Northern Ireland and the
Government of the Republic of Armenia relating to Air Services signed at London on 9 February 1994, hereinafter
referred to as the ‘Armenia-United Kingdom Agreement’ in Annex II,

last modified by Memorandum of Understanding done at Yerevan on 19 June 1998.

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ANNEX II

List of Articles in the Agreements listed in Annex I and referred to in Articles 2 to 5 of this Agreement

(a) Designation by a Member State

— Article 3 of the Armenia-Austria Agreement,

— Article 4 of the Armenia-Belgium Agreement,

— Article 3 of the Armenia-Bulgaria Agreement,

— Article 4 of the Armenia-Cyprus Agreement,

— Article 3 of the Armenia-Czech Republic Agreement,

— Article 3 of the Armenia-Denmark Agreement,

— Article 3 of the Armenia-Estonia Agreement,

— Article 3 of the Armenia-France Agreement,

— Article 3 of the Armenia-Germany Agreement,

— Article 3 of the Armenia-Greece Agreement,

— Article 4 of the Armenia-Italy Agreement,

— Article 3 of the Armenia-Luxembourg Agreement,

— Article 4 of the Armenia-Netherlands Agreement,

— Article 3 of the Armenia-Poland Agreement,

— Article 3 of the Armenia-Romania Agreement,

— Article 3 of the Armenia-Sweden Agreement,

— Article 4 of the Armenia-United Kingdom Agreement,

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

— Article 4 of the Armenia-Austria Agreement,

— Article 5 of the Armenia-Belgium Agreement,

— Article 4 of the Armenia-Bulgaria Agreement,

— Article 5 of the Armenia-Cyprus Agreement,

— Article 4 of the Armenia-Czech Republic Agreement,

— Article 4 of the Armenia-Denmark Agreement,

— Article 4 of the Armenia-Estonia Agreement,

— Article 4 of the Armenia-France Agreement,

— Article 4 of the Armenia-Germany Agreement,

— Article 4 of the Armenia-Greece Agreement,

— Article 5 of the Armenia-Italy Agreement,

— Article 4 of the Armenia-Luxembourg Agreement,

— Article 5 of the Armenia-Netherlands Agreement,

— Article 4 of the Armenia-Poland Agreement,

— Article 4 of the Armenia-Romania Agreement,

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— Article 4 of the Armenia-Sweden Agreement,

— Article 5 of the Armenia-United Kingdom Agreement,

(c) Safety

— Article 8 of the Armenia-Czech Republic Agreement,

— Article 14 of the Armenia-Denmark Agreement,

— Article 12 of the Armenia-Estonia Agreement,

— Article 8 of the Armenia-France Agreement,

— Article 12 of the Armenia-Germany Agreement,

— Article 10 of the Armenia-Italy Agreement,

— Article 6 of the Armenia-Luxembourg Agreement,

— Article 14 of the Armenia-Sweden Agreement,

— Article 9a of the Armenia-United Kingdom Agreement,

(d) Taxation of aviation fuel

— Article 7 of the Armenia-Austria Agreement,

— Article 10 of the Armenia-Belgium Agreement,

— Article 7 of the Armenia-Bulgaria Agreement,

— Article 7 of the Armenia-Cyprus Agreement,

— Article 9 of the Armenia-Czech Republic Agreement,

— Article 6 of the Armenia-Denmark Agreement,

— Article 6 of the Armenia-Estonia Agreement,

— Article 10 of the Armenia-France Agreement,

— Article 6 of the Armenia-Germany Agreement,

— Article 9 of the Armenia-Greece Agreement,

— Article 6 of the Armenia-Italy Agreement,

— Article 8 of the Armenia-Luxembourg Agreement,

— Article 10 of the Armenia-Netherlands Agreement,

— Article 6 of the Armenia-Poland Agreement,

— Article 9 of the Armenia-Romania Agreement,

— Article 6 of the Armenia-Sweden Agreement,

— Article 8 of the Armenia-United Kingdom Agreement,

(e) Tariffs for carriage within the European Community

— Article 11 of the Armenia-Austria Agreement,

— Article 13 of the Armenia-Belgium Agreement,

— Article 9 of the Armenia-Bulgaria Agreement,

— Article 14 of the Armenia-Cyprus Agreement,

— Article 13 of the Armenia-Czech Republic Agreement,

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— Article 10 of the Armenia-Denmark Agreement,

— Article 10 of the Armenia-Estonia Agreement,

— Article 14 of the Armenia-France Agreement,

— Article 10 of the Armenia-Germany Agreement,

— Article 12 of the Armenia-Greece Agreement,

— Article 8 of the Armenia-Italy Agreement,

— Article 10 of the Armenia-Luxembourg Agreement,

— Article 6 of the Armenia-Netherlands Agreement,

— Article 10 of the Armenia-Poland Agreement,

— Article 8 of the Armenia-Romania Agreement,

— Article 10 of the Armenia-Sweden Agreement,

— Article 7 of the Armenia-United Kingdom Agreement.

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).