Proposal for a Council Decision on the conclusion of the Agreement on certain aspects of air services between the European Community and the Republic of Korea
Date: 2009-02-18
Institutions: European Commission
Subjects: European Community, South Korea, agreement (EU), air transport, interim agreement (EU), ratification of an agreement

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 18.2.2009 
COM(2009) 65 final 

2009/0019 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the signature of the Agreement on certain aspects of air services between the 
European Community and the Republic of Korea 

Proposal for a 

COUNCIL DECISION 

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

(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 EU air carriers non-discriminatory access to routes between 
the  Community  and  third  countries,  and  to  bring  bilateral  air  service  agreements 
between Member States and third countries in line with Community law. 

120 

•  General context 

International  aviation  relations  between  Member  States  and  third  countries  have 
traditionally  been  governed  by  bilateral  air  services  agreements  between  Member 
States and third countries, the Annexes to such agreements and other related bilateral 
or multilateral arrangements. 

Traditional  designation  clauses  in  Member  States’  bilateral  air  services  agreements 
infringe Community law. They allow a third country to reject, withdraw or suspend the 
permissions  or  authorisations  of  an  air  carrier  that  has  been  designated  by  a  Member 
State  but  that  is  not  substantially  owned  and  effectively  controlled  by  that  Member 
State  or  its  nationals.  This  has  been  found  to  constitute  discrimination  against 
Community  carriers  established  in  the  territory  of  a  Member  State  but  owned  and 
controlled  by  nationals  of  other  Member  States.  This  is  contrary  to  Article  43  of  the 
Treaty which guarantees nationals of Member States who have exercised their freedom 
of  establishment  the  same  treatment  in  the  host  Member  State  as  that  accorded  to 
nationals of that Member State. 

There  are  further  issues,  such  as  aviation  fuel  taxation  or  tariffs  introduced  by  third 
country  air  carriers  on  intra-Community  routes,  where  compliance  with  Community 
law  should  be  ensured  through  amending  or  complementing  existing  provisions  in 
bilateral air services agreements between Member States and third countries. 

130 

140 

•  Existing provisions in the area of the proposal 

The provisions of the Agreement supersede or complement the existing provisions in 
the twenty bilateral air services agreements between Member States and the Republic 
of Korea. 

•  Consistency with the other policies and objectives of the Union 

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

1 

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

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2. 

Consultation of interested parties and impact assessment 

•  Consultation of interested parties 

211 

212 

3. 

305 

310 

329 

342 

4. 

409 

Consultation methods, main sectors targeted and general profile of respondents 

Member States as well as the industry were consulted throughout the negotiations. 

Summary of responses and how they have been taken into account 

Comments made by Member States and the industry have been taken into account. 

Legal elements of the proposal 

•  Summary of the proposed action 

In  accordance  with  the  mechanisms  and  directives  in  the  Annex  to  the  ”horizontal 
mandate”,  the  Commission  has  negotiated  an  agreement  with  the  Republic  of  Korea 
that replaces certain provisions in the existing bilateral air services agreements between 
Member  States  and  the  Republic  of  Korea.  Article  2  of  the  Agreement  replaces  the 
traditional  designation  clauses  with  a  Community  designation  clause,  permitting  all 
Community carriers to benefit from the right of establishment. Article 4 deals with the 
taxation  of  aviation  fuel,  a  matter  which  has  been  harmonised  by  Council  Directive 
2003/96/EC  restructuring  the  Community  framework  for  the  taxation  of  energy 
products  and  electricity,  and  in  particular  Article  14  (2)  thereof.  Article  5  resolves 
potential conflicts with the EC competition rules. 

•  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. 

•  Choice of instruments 

The  Agreement  between  the  Community  and  the  Republic  of  Korea  is  the  most 
efficient  instrument  to  bring  all  existing  bilateral  air  services  agreements  between 
Member States and the Republic of Korea into conformity with Community law. 

Budgetary implication 

The proposal has no implication for the Community budget. 

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5. 

510 

511 

512 

570 

Additional information 

•  Simplification 

The proposal provides for simplification of legislation. 

The  relevant  provisions  of  bilateral  air  services  agreements  between  Member  States 
and the Republic of Korea 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 on the conclusion of the Agreement on certain aspects of air services between the 
European  Community  and  the  Republic  of  Korea  and  to  designate  the  persons 
authorised to sign the Agreement on behalf of the Community.  

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Proposal for a 

COUNCIL DECISION 

on the signature of the Agreement on certain aspects of air services between the 
European Community and the Republic of Korea 

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 on certain 
aspects of air services with the Republic of Korea 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. 

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  Republic  of  Korea  on  certain  aspects  of  air  services 
subject to its conclusion at a later date. 

2 

OJ C , , p. . 

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2. 

Pending  its  entry  into  force,  the  Agreement  shall  be  applied  provisionally  from  the 
first day of the first month following the date on which the parties have notified each 
other of the completion of the necessary procedures for this purpose. The President 
of the Council is hereby authorised to make the notification provided for in Article 
8(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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2009/0019 (CNS) 

Proposal for a 

COUNCIL DECISION 

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

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) 

(3) 

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 on certain 
aspects of air services with the Republic of Korea 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, 

The  Agreement  has  been  signed  on  behalf  of  the  Community  on  […]  subject  to  its 
possible  conclusion  at  a  later  date,  in  conformity  with  Decision  …/…/EC  of  the 
Council on […]5,  

(4) 

The Agreement should be approved. 

HAS DECIDED AS FOLLOWS:  

Article 1  

The Agreement on certain aspects of air services between the European Community 
and the Republic of Korea is approved on behalf of the Community. 

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

1. 

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2. 

The text of the Agreement is annexed to this Decision. 

Article 2 

The  President  of  the  Council  is  authorised  to  designate  the  person  empowered  to  make  the 
notification provided in Article 8(1) of the Agreement. 

Done at Brussels,  

For the Council 
The President 

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ANNEX  

AGREEMENT 

between the European Community and the Republic of Korea 

on certain aspects of air services 

THE EUROPEAN COMMUNITY, 

of the one part, and 

THE REPUBLIC OF KOREA, 

of the other part, 

hereinafter referred to as ‘the Contracting Parties’, 

NOTING  that  the  European  Court  of  Justice  has  found  that  certain  provisions  of  bilateral 
agreements entered into by several Member States with third countries are incompatible with 
European Community law, 

NOTING  that  a  number  of  bilateral  air  services  agreements  have  been  concluded  between 
several  Member  States  of  the  European  Community  and  the  Republic  of  Korea  containing 
similar  provisions  and  that  there  is  an  obligation  on  Member  States  to  take  all  appropriate 
steps to eliminate incompatibilities between such agreements and the EC Treaty, 

NOTING that the European Community has exclusive competence with respect to a number 
of 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  consistency  between  European  Community  law  and  provisions  of 
bilateral air service agreements between Member States of the European Community and the 
Republic  of  Korea  will  provide  a  sound  legal  basis  for  air  services  between  the  European 
Community and the Republic of Korea and preserve the continuity of such air services, 

NOTING that provisions of the bilateral  air  services agreements between Member States of 
the  European  Community  and  the  Republic  of  Korea,  which  are  not  inconsistent  with 
European Community law, do not need to be amended or replaced, 

NOTING  that  such  amendments  would  confirm  the  excellent  relationship  between  the 
European Community and the Republic of Korea in the field of air transport, 

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

HAVE AGREED AS FOLLOWS: 

ARTICLE 1 

General provisions 

1. 

2. 

3. 

1. 

2. 

3. 

For the purposes of this Agreement, ‘Member States’ shall mean Member States of 
the European Community; ‘Contracting Party' shall mean a contracting party to this 
Agreement;  'party'  shall  mean  the  contracting  party  to  the  relevant  bilateral  air 
services  agreement;  'air  carrier'  shall  also  mean  airline;  'territory  of  the  European 
Community'  shall  mean  territories  of  the  Member  States  to  which  the  Treaty 
establishing the European Community applies. 

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

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

ARTICLE 2 

Designation, authorisation and revocation 

The  provisions  in  paragraphs  3  and  4  of  this  Article  shall  prevail  over  the 
corresponding provisions in the Articles listed in Annex 2 (a) and (b) respectively, in 
relation  to  the  designation  of  air  carriers  by  the  Member  State  concerned,  its 
authorisations  and  permissions  granted  by  the  Republic  of  Korea,  and  the  refusal, 
revocation,  suspension  or  limitation  of  the  authorisations  or  permissions  of  the  air 
carrier, respectively.  

The  provisions  in  paragraphs  3  and  4  of  this  Article  shall  prevail  over  the 
corresponding provisions in the Articles listed in Annex 2 (a) and (b) respectively, in 
relation to the designation of air carriers by the Republic of Korea, its authorisations 
and permissions granted by the Member State concerned, and the refusal, revocation, 
suspension  or  limitation  of  the  authorisations  or  permissions  of  the  air  carrier, 
respectively.  

On  receipt  of  such  a  designation,  and  of  applications  from  the  designated  air 
carrier(s),  in  the  form  and  manner  prescribed  for  operating  authorisations  and 
technical  permissions;  each  party  shall,  subject  to  paragraphs  4  and  5  grant  the 
appropriate  authorisations  and  permissions  with  minimum  procedural  delay, 
provided that: 

(a) 

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

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i. 

ii. 

iii. 

iv. 

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

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 aeronautical authority is clearly identified in the designation; and 

the air carrier has its principal place of business in the territory of the Member 
State from which it has received the valid operating licence; and 

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

(b) 

in the case of an air carrier designated by the Republic of Korea: 

i. 

ii. 

the Republic of Korea has and maintains effective regulatory control of the air 
carrier; and 

substantial ownership and effective control of that air carrier are vested in the 
Republic  of  Korea,  nationals  of  the  Republic  of  Korea,  or  both,  and  the  air 
carrier has a valid operating license issued by the Republic of Korea. 

4. 

Either  party  may  refuse,  revoke,  suspend  or  limit  the  operating  authorisation  or 
technical permissions of an air carrier designated by the other party where: 

(a) 

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

i. 

ii. 

iii. 

iv. 

v. 

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

effective regulatory control of the air carrier is not exercised or not maintained 
by the Member State responsible for issuing its air operator’s certificate, or the 
relevant aeronautical authority is not clearly identified in the designation; or 

the air carrier does not have its principal place of business in the territory of the 
Member State from which it has received its operating licence; or 

the air carrier is not owned directly or through majority ownership and is not 
effectively  controlled  by  Member  States  and/or  nationals  of  Member  States, 
and/or by other States listed in Annex 3 and/or nationals of such other States; 
or 

the  air  carrier  is  already  authorised  to  operate  under  a  bilateral  agreement 
between the Republic of Korea and another Member State and the Republic of 
Korea can demonstrate that, 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 traffic rights imposed by that other agreement; or 

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vi. 

the air carrier holds an air operator's certificate issued by a Member State and 
there is no bilateral air services agreement between the Republic of Korea and 
that  Member  State  and  that  Member  State  has  denied  traffic  rights  to  the  air 
carrier designated by the Republic of Korea; 

(b) 

in the case of an air carrier designated by the Republic of Korea: 

i. 

ii. 

the Republic of Korea is not maintaining effective regulatory control of the air 
carrier; or 

substantial ownership and effective control of that air carrier are not vested in 
the Republic of Korea, nationals of the Republic of Korea, or both, or the air 
carrier does not have a valid operating license issued by the Republic of Korea. 

In  exercising  its  right  under  paragraph  4,  and  without  prejudice  to  its  rights  under 
paragraph  4(a)(v)  and  (vi)  of  this  Article,  the  Republic  of  Korea  shall  not 
discriminate between air carriers of Member States on the grounds of nationality. 

ARTICLE 3 

Rights with regard to regulatory control 

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

Where a member State (the first Member State) has designated an air carrier whose 
regulatory control is exercised and maintained by a second Member State, the rights 
of the Republic of Korea under the safety provisions of the agreement between the 
first Member State that has designated the air carrier and the Republic of Korea shall 
apply equally in respect of the adoption, exercise or maintenance of safety standards 
by that second Member State and in respect of the operating authorisation of that air 
carrier. 

ARTICLE 4 

Taxation of aviation fuel 

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

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

5. 

1. 

2. 

1. 

2. 

ARTICLE 5 

Compatibility with competition rules 

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1. 

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

2. 

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

ARTICLE 6 

Annexes to the Agreement 

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

ARTICLE 7 

Revision or amendment 

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

ARTICLE 8 

Entry into force 

1. 

2. 

3. 

This  Agreement  shall  enter  into  force  when  the  Contracting  Parties  have  notified 
each other in writing that their respective internal procedures necessary for its entry 
into force have been completed. 

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

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

ARTICLE 9 

Termination 

1. 

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

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2. 

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

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

Done at [….] in duplicate, on this [….] day of […, .] in the Bulgarian, Czech, Danish, Dutch, 
English,  Estonian,  Finnish,  French,  German,  Greek,  Hungarian,  Italian,  Latvian,  Lithuanian 
Maltese,  Polish,  Portuguese,  Romanian,  Slovak,  Slovene,  Spanish,  Swedish  and  Korean 
languages. In case of divergence the English text shall prevail over the other language texts. 

FOR THE EUROPEAN COMMUNITY: 

FOR THE REPUBLIC OF KOREA: 

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ANNEX 1 

List of agreements referred to in Article 1 of this Agreement 

(a) 

Air  service  agreements  between  the  Republic  of  Korea  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 
the Republic of  Korea for  air services between  and concerning their respective 
territories done at Vienna on 15 May 1979; 

–  Agreement  between  the  Government  of  the  Kingdom  of  Belgium  and  the 
Government of the Republic of Korea concerning air services done at Brussels 
on 20 October 1975;  

–  Agreement  between  the  Government  of  the  Republic  of  Bulgaria  and  the 
Government  of  the  Republic  of  Korea  concerning  air  services  between  and 
beyond their respective territories done at Sofia on 19 August 1994;  

–  Agreement  between  the Government  of  the  Czech  and  Slovak  Federal 
Republic  and  the  Government  of  the  Republic  of  Korea  for  Air  Services, 
signed  at  Seoul  on  26  October  1990,  amended  by Agreement  between  the 
Government of the Czech Republic and the Government of the Republic of Korea 
amending  the  Agreement  between  the Government  of  the  Czech  and  Slovak 
Federal Republic and the Government of the Republic of Korea for Air Services, 
signed  at  Seoul  on  26  October  1990, concluded  by  an  exchange  of  diplomatic 
notes from 3 December 2004 and 14 February 2005; 

–  Agreement  between  the  Government  of  the  Republic  of  Korea  and  the 
Government  of  the  Kingdom  of  Denmark  for  scheduled  air  services  between 
and beyond their respective territories initialled at Seoul on 6 September 1995; 

–  Air  Services  Agreement  between  the  Government  of  the  Republic  of  Finland 
and the Government of the Republic of Korea done at Seoul on 12 November 
1996; 

–  Agreement  between  the  Government  of  the  French  Republic  and  the 
Government of the Republic of Korea on air services done at Seoul on 7 June 
1974; 

–  Air  Transport  Agreement  between  the  Federal  Republic  of  Germany  and  the 

Republic of Korea done at Bonn on 7 March 1995;  

–  Agreement  between  the  Government  of  the  Hellenic  Republic  and  the 
Government of the Republic of Korea for air services between and beyond their 
respective territories done at Athens on 25 January 1995;  

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–  Agreement  between  the  Government  of  the  Republic  of  Hungary  and  the 
Government of the Republic of Korea for air services between and beyond their 
respective territories done at Budapest on 22 November 1989; 

–  Agreement between the Government of the Grand Duchy of Luxembourg and 
the Government of the Republic of Korea for air services between and beyond 
their respective territories done at Luxembourg on 27 September 2000; 

–  Agreement  between  the  Government  of  the  Republic  of  Korea  and  the 
Government  of  Malta  for  air  services  between  and  beyond  their  respective 
territories done at Valletta on 25 March 1997; 

–  Air  Transport  Agreement  between  the  Government  of  the  Kingdom  of  the 
Netherlands and the Government of the Republic of Korea done at The Hague 
on 24 June 1970; 

–  Agreement  between  the  Government  of  the  Republic  of  Poland  and  the 
Government  of  the  Republic  of  Korea  for  air  services  done  at  Seoul  on  14 
October 1991; 

–  Agreement between the Government of Romania and the Government of the 

Republic of Korea for air services done at Seoul on 10 March 1994; 

–  Air Transport  Agreement  between the Kingdom of Spain  and the Republic of 

Korea done at Seoul on 21 June 1989; 

–  Agreement  between  the  Government  of  the  Republic  of  Korea  and  the 
Government of the Kingdom of Sweden for scheduled air services between and 
beyond their respective territories initialled at Seoul on 6 September 1995 

–  Agreement between the Government of the United Kingdom of Great Britain 
and  Northern  Ireland  and  the  Government  of  the  Republic  of  Korea  for  air 
services between and beyond their respective territories done at Seoul on 5 March 
1984; 

(b) 

Air service agreements and other arrangements initialled or signed between the 
Republic of Korea 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. 

–  Agreement  between  the  Government  of  Republic  of  Korea  and  the 
Government of  the Italian  Republic for air services between and beyond their 
respective territories initialled at Rome on 10 July 1984;  

–  Air Transport Agreement between the Government of the Portuguese Republic 
and  the  Government  of  the  Republic  of  Korea  initialled  at  Lisbon  on  1 
February 2000; 

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List of articles in the agreements listed in Annex 1 and referred to in Articles 2 to 4 of 
this Agreement 

Annex 2 

(a) 

Designation by a Member State: 

–  Article 3 (1-3) of the Republic of Korea-Austria Agreement; 

–  Article 3 (1-3) of the Republic of Korea-Belgium Agreement; 

–  Article 3 of the Republic of Korea-Bulgaria Agreement; 

–  Article 3 of the Republic of Korea-Czech Republic Agreement; 

–  Article 3 of the Republic of Korea-Denmark Agreement; 

–  Article 3 of the Republic of Korea-Finland Agreement; 

–  Article 3 (1-3) of the Republic of Korea-France Agreement; 

–  Article 3 (2-3) of the Republic of Korea-Germany Agreement; 

–  Article 3 of the Republic of Korea-Greece Agreement; 

–  Article 3 of the Republic of Korea-Hungary Agreement; 

–  Article 4 (1-3) of the Republic of Korea-Italy Agreement; 

–  Article 3 of the Republic of Korea-Luxembourg Agreement; 

–  Article 3 of the Republic of Korea-Malta Agreement; 

–  Article 3 (1-3) of the Republic of Korea-Netherlands Agreement; 

–  Article 3 of the Republic of Korea-Poland Agreement; 

–  Article 3 of the Republic of Korea-Portugal Agreement; 

–  Article 3 of the Republic of Korea-Romania Agreement; 

–  Article 3 of the Republic of Korea-Spain Agreement; 

–  Article 3 of the Republic of Korea-Sweden Agreement; 

–  Article 4 of the Republic of Korea-UK Agreement; 

(b) 

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

–  Article 3 (4-5) of the Republic of Korea-Austria Agreement; 

–  Article 3 (4-5) of the Republic of Korea-Belgium Agreement; 

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–  Article 4 of the Republic of Korea-Bulgaria Agreement; 

–  Article 4 of the Republic of Korea-Czech Republic Agreement; 

–  Article 4 of the Republic of Korea-Denmark Agreement; 

–  Article 4 of the Republic of Korea-Finland Agreement; 

–  Article 3 (4-5) of the Republic of Korea-France Agreement; 

–  Article 3 (4-5) of the Republic of Korea-Germany Agreement; 

–  Article 4 of the Republic of Korea-Greece Agreement; 

–  Article 4 of the Republic of Korea-Hungary Agreement; 

–  Article 5 of the Republic of Korea-Italy Agreement; 

–  Article 4 of the Republic of Korea-Luxembourg Agreement; 

–  Article 4 of the Republic of Korea-Malta Agreement; 

–  Article 3 (4-5) of the Republic of Korea-Netherlands Agreement; 

–  Article 4 of the Republic of Korea-Poland Agreement; 

–  Article 4 of the Republic of Korea-Portugal Agreement; 

–  Article 4 of the Republic of Korea-Romania Agreement; 

–  Article 4 of the Republic of Korea-Spain Agreement; 

–  Article 4 of the Republic of Korea-Sweden Agreement; 

–  Article 5 of the Republic of Korea-UK Agreement; 

(c) 

Regulatory Control: 

–  Article 7 of the Republic of Korea-Austria Agreement; 

–  Article 7 of the Republic of Korea-Belgium Agreement; 

–  Article 10 of the Republic of Korea-Bulgaria Agreement;  

–  The safety article agreed between Korea and the Czech Republic on 7 August 1998; 

–  Article 17A of the Republic of Korea-Denmark Agreement; 

–  Article 9 of the Republic of Korea-Finland Agreement; 

–  The safety clause agreed between Korea and France on 23 May 2002 ; 

–  Article 8 of the Republic of Korea-Greece Agreement; 

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–  Article 8 of the Republic of Korea-Hungary Agreement; 

–  Article 10 of the Republic of Korea-Italy Agreement; 

–  Article 6 of the Republic of Korea-Luxembourg Agreement; 

–  Article 7 of the Republic of Korea-Malta Agreement; 

–  The safety article agreed between Korea and The Netherlands on 13 September 2002;  

–  Article 9 of the Republic of Korea-Poland Agreement; 

–  Article 9 of the Republic of Korea-Portugal Agreement; 

–  Article 8 of the Republic of Korea-Romania Agreement; 

–  The safety article agreed between Korea and Spain on 15 December 2005; 

–  Article 17A of the Republic of Korea-Sweden Agreement; 

–  The safety article agreed between Korea and the UK on 29 June 2001 ; 

(d) 

Taxation of aviation fuel: 

–  Article 4 of the Republic of Korea-Austria Agreement; 

–  Article 4 of the Republic of Korea -Belgium Agreement; 

–  Article 5 of the Republic of Korea-Bulgaria Agreement; 

–  Article 5 of the Republic of Korea-Czech Republic Agreement; 

–  Article 5 of the Republic of Korea-Denmark Agreement; 

–  Article 5 of the Republic of Korea-Finland Agreement; 

–  Article 4 of the Republic of Korea-France Agreement; 

–  Article 5 of the Republic of Korea-Germany Agreement; 

–  Article 5 of the Republic of Korea-Greece Agreement; 

–  Article 5 of the Republic of Korea-Hungary Agreement; 

–  Article 6 of the Republic of Korea-Italy Agreement; 

–  Article 8 of the Republic of Korea-Luxembourg Agreement; 

–  Article 5 of the Republic of Korea-Malta Agreement; 

–  Article 4 of the Republic of Korea-Netherlands Agreement; 

–  Article 5 of the Republic of Korea-Poland Agreement; 

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–  Article 6 of the Republic of Korea-Portugal Agreement; 

–  Article 5 of the Republic of Korea-Romania Agreement; 

–  Article 5 of the Republic of Korea-Spain Agreement; 

–  Article 5 of the Republic of Korea-Sweden Agreement; 

–  Article 6 of the Republic of Korea-UK Agreement. 

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ANNEX 3 

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

(a) 

(b) 

(c) 

(d) 

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

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

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

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

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