Agreement between the European Community and the Islamic Republic of Pakistan on certain aspects of air services
Date: 2009-02-24
Institutions: European Community, Pakistan
Subjects: Pakistan, agreement (EU), air transport

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

AGREEMENT

THE EUROPEAN COMMUNITY,

of the one part, and

THE ISLAMIC REPUBLIC OF PAKISTAN (hereinafter referred to as Pakistan),

of the other part,

(hereinafter referred to as the Parties)

NOTING that certain provisions in bilateral air service agreements between several Member States of the European
Community and the Islamic Republic of Pakistan need to be brought into conformity with 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 European Community air carriers established in a Member State have been granted the right to non-
discriminatory access to air routes between that Member State and third countries by the European Community under
Community law,

HAVING REGARD to the agreements between the European Community and the four European countries listed in Annex
ΙΙΙ providing for the possibility for the nationals of these countries to acquire ownership in air carriers licensed in
accordance with European Community law,

RECOGNISING that all matters relating to bilateral air service agreements between Member States of the European
Community and the Islamic Republic of Pakistan must be in conformity with the laws of the parties in order to
establish a sound legal basis for air services between the European Community and the Islamic Republic of Pakistan
and to 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 Islamic Republic of Pakistan, which are not incompatible with European Community law and Pakistani law do not
need to be affected by this agreement,

RECOGNISING that provisions in bilateral air service agreements concluded between Member States of the European
Community and the Islamic Republic of Pakistan 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 the European Community and the Islamic Republic of Pakistan in this agreement to
increase the total volume of air traffic between the European Community and the Islamic Republic of Pakistan, to affect
the balance between Community air carriers and air carriers of the Islamic Republic of Pakistan, or to amend the
provisions of existing bilateral air service agreements concerning traffic rights,

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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.

References in each of the agreements listed in Annex Ι to
2.
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 Ι to
3.
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 by a Member State

The provisions in paragraphs 2 and 3 of this Article shall
1.
prevail over the corresponding provisions in the Articles listed
in Annex ΙΙ(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 Islamic Republic of
Pakistan, and the refusal, revocation, suspension or limitation
of the authorisations or permissions of the air carrier, respect­
ively.

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

(iv) the air carrier has its principal place of business in the
the Member State which granted its valid

territory of
Operating Licence.

3.
The Islamic Republic of Pakistan may refuse, revoke,
suspend or limit the authorisations or permissions of an air
carrier designated by a Member State where:

(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 Licence from a Member State in accordance
with European Community law; or

(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 desig­
nation; or

(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 ΙΙΙ and/or nationals of such other
States; or

(iv) the air carrier does not have its principal place of business
in the territory of the Member State which granted its valid
Operating Licence; or

(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
from a Member State
in accordance with European
Community law; and

agreement between the

(v) the air carrier is already authorised to operate under a
bilateral
Islamic Republic of
Pakistan and another Member State and that, by exercising
traffic rights under this Agreement on a route that includes
a point in that other Member State, it would be circum­
venting restrictions on the traffic rights imposed by that
other agreement; or

(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

(vi) the air carrier designated holds an Air Operators Certificate
and Operating Licence issued by a Member State with
which the Islamic Republic of Pakistan does not have a
bilateral air services agreement and that Member State has
denied traffic rights or related commercial opportunities to
a carrier licensed by the Islamic Republic of Pakistan.

(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 ΙΙΙ and/or nationals of such other
States; and

In exercising its right under this paragraph, the Islamic
between
grounds of nationality

4.
Republic
Community
provided that it meets the above requirements.

carriers on the

discriminate

Pakistan

shall

not

air

of

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Article 3

Safety

in paragraph 2 of

The provisions

1.
complement
listed in Annex ΙΙ(c).

the corresponding provisions

this Article shall
in the Articles

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

Article 4

Tariffs for carriage within the European Community

The provisions

1.
complement
listed in Annex ΙΙ(d).

in paragraph 2 of

the corresponding provisions

this Article shall
in the Articles

Article 7

Revision or amendment

The Parties may, at any time, revise or amend this Agreement
by mutual consent. Each of the Parties may, at any time, request
consultations with a view to revise or amend this Agreement by
mutual consent and the other party shall respond to such
request not
for
consultations was made.

later than 60 (sixty) days after the request

Article 8

Entry into force and provisional application

This Agreement shall enter into force when the Parties
1.
have notified each other
respective
internal procedures necessary for its entry into force have
been completed.

in writing that

their

2.
Notwithstanding paragraph 1, the Parties agree to provi­
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.

2.
The tariffs to be charged by the air carrier(s) designated by
the Islamic Republic of Pakistan under an agreement listed in
Annex Ι containing a provision listed in Annex ΙΙ(d) for carriage
wholly within the European Community shall be subject to
European Community law. European Community law is
applied on a non-discriminatory basis.

3.
Agreements and other arrangements between Member
States and the Islamic Republic of Pakistan 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 Ι(b).
This Agreement
such Agreements and
arrangements upon their entry into force or provisional appli­
cation.

shall apply to all

Article 5

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 Ι shall (i)
the adoption of agreements between undertakings,
favour
concerted
decisions by
(ii)
practices
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

Article 9

Termination

In the event

that an agreement

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

listed in Annex Ι

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

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

2.
Annex Ι
Article shall not be applied.

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

Article 6

Annexes to the Agreement

The Annexes to this Agreement shall
thereof.

form an integral part

Done at Brussels in duplicate, on this twenty-fourth day of
February in the year two thousand and nine in the Bulgarian,
Czech, Danish, Dutch, English, Estonian, Finnish, French,
Lithuanian,
German, Greek, Hungarian,
Maltese,
Slovene,
Spanish and Swedish languages.

Portuguese, Romanian,

Latvian,

Slovak,

Italian,

Polish,

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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 Ислямска република Пакистан

Por la República Islámica de Pakistán
Za Pákistánskou islámskou republiku
For Den Islamiske Republik Pakistan
Für die Islamische Republik Pakistan
Pakistani Islamivabariigi nimel
Για την Ισλαμική Δημοκρατία του Πακιστάν

For the Islamic Republic of Pakistan
Pour la République islamique du Pakistan
Per la Repubblica islamica del Pakistan
Pakistānas Islāma Republikas vārdā
Pakistano Islamo Respublikos vardu
A Pakisztáni Iszlám Köztársaság részéről
Għar-Repubblika Iżlamika tal-Pakistan
Voor de Islamitische Republiek Pakistan
W imieniu Islamskiej Republiki Pakistanu
Pela República Islâmica do Paquistão
Pentru Republica Islamică Pakistan
Za Pakistanskú islamskú republiku
Za Islamsko republiko Pakistan
Pakistanin islamilaisen tasavallan puolesta
För Islamiska republiken Pakistan

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ANNEX Ι

Provisional list of agreements referred to in Article 1 of this Agreement

(a) Air service agreements between the Islamic Republic of Pakistan and Member States of the European Community
which, at the date of signature of this Agreement, have been concluded, signed and/or are being applied provisionally:

— Agreement between the Austrian Federal Government and the Government of the Islamic Republic of Pakistan
relating to air services done at Rawalpindi on 28 May 1971, hereinafter referred to as ‘Pakistan-Austria
Agreement’ in Annex ΙΙ,

Last modified by the Memorandum of Understanding done at Islamabad on 27 September 2006, hereinafter
referred to as ‘Pakistan-Austria Memorandum of Understanding’ in Annex ΙΙ;

— Agreement between the Government of the People’s Republic of Bulgaria and the Government of the Islamic
Republic of Pakistan relating to air services done at Islamabad on 22 October 1969, hereinafter referred to as
‘Pakistan-Bulgaria Agreement’ in Annex ΙΙ;

— Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Islamic
Republic of Pakistan relating to air services done in Prague on 2 September 1969, hereinafter referred to as
‘Pakistan-Czech Republic Agreement’ in Annex ΙΙ;

— Draft Agreement between the Government of the Kingdom of Denmark and the Government of the Islamic
Republic of Pakistan relating to Air Services initialled at Oslo on 23 March 1999 hereinafter referred to as ‘Draft
Pakistan-Denmark Agreement’ in Annex ΙΙ;

Supplemented by Draft Memorandum of Understanding between the Scandinavian countries and Pakistan
initialled at Oslo on 23 March 1999;

— Agreement between the Government of the Republic of France and the Government of Pakistan relating to air
services done at Karachi on 31 July 1950, hereinafter referred to as ‘Pakistan-France Agreement’ in Annex ΙΙ,

Modified by exchange of notes dated 29 August and 20 and 31 October 1960;

Modified by exchange of notes dated 2 and 9 July 1974;

— Air Transport Agreement between the Federal Republic of Germany and Pakistan done at Bonn on 20 July 1960

hereinafter referred to as ‘Pakistan-Germany Agreement’ in Annex ΙΙ,

To be read together with the Agreed Minutes done at Bonn on 12 November 1998;

— Air Service Agreement between the Government of the Hellenic Republic and the Government of the Islamic
Republic of Pakistan done at Athens on 15 November 2005, hereinafter referred to as ‘Pakistan-Greece
Agreement’ in Annex ΙΙ,

— Agreement between the Government of the Hungarian People’s Republic and the Government of the Islamic
Republic of Pakistan relating to air services done at Budapest on 11 May 1977, hereinafter referred to as ‘Pakistan-
Hungary Agreement’ in Annex ΙΙ,

— Agreement between the Government of the Italian Republic and the Government of the Islamic Republic of
Pakistan relating to air services done at Rome on 5 October 1957, hereinafter referred to as ‘Pakistan-Italy
Agreement’ in Annex ΙΙ,

Modified by Memorandum of Understanding done at Rome on 16 January 1974;

Last modified by Memorandum of Understanding done at Rome on 24 March 2004;

— Agreement between the Government of the Republic of Malta and the Government of Islamic Republic of
Pakistan relating to air services done at Valetta on 25 April 1975, hereinafter referred to as ‘Pakistan-Malta
Agreement’ in Annex ΙΙ,

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— Agreement between the Government of the Kingdom of the Netherlands and the Government of Pakistan relating

to air services done at Karachi on 17 July 1952,

Modified by Agreed Minutes done at The Hague on 27 April 1995;

Modified by Agreed Minutes done at The Hague on 28 June 1995;

Modified by Memorandum of Understanding done at Bhurban on 16 November 1995;

— Draft Air Services Agreement between the Government of the Kingdom of the Netherlands and the Government
of Pakistan done at Bhurban on 16 November 1995; hereinafter referred to as ‘Draft Pakistan-The Netherlands
Agreement’ in Annex ΙΙ,

Modified by Agreed Minutes done at The Hague on 25 March 1997;

Last modified by Confidential Memorandum of Understanding done at Karachi on 28 November 1998;

— Agreement between the Government of the People’s Republic of Poland and the Government of the Islamic
Republic of Pakistan relating to air services done at Rawalpindi on 30 October 1970 hereinafter referred to as
‘Pakistan-Poland Agreement’ in Annex ΙΙ,

— Agreement between the Government of the Islamic Republic of Pakistan and the Government of Portugal relating
to air services done at Karachi on 7 June 1958 hereinafter referred to as ‘Pakistan-Portugal Agreement’ in Annex
ΙΙ,

— Air Transport Agreement between the Government of the Islamic Republic of Pakistan and the Government of
the Kingdom of Spain done at Madrid on 19 June 1979 hereinafter referred to as ‘Pakistan-Spain Agreement’ in
Annex ΙΙ,

Modified by exchange of notes dated 20 July and 29 July 1988;

— Agreement between the Government of the Socialist Republic of Romania and the Government of the Islamic
Republic of Pakistan relating to Air Services done at Rawalpindi on 9 January 1973 hereinafter referred to as
‘Pakistan-Romania Agreement’ in Annex ΙΙ;

— Draft Air Services Agreement between the Government of the Kingdom of Sweden and the Government of the
Islamic Republic of Pakistan initialled at Oslo on 23 March 1999, hereinafter referred to as ‘Draft Pakistan-Sweden
Agreement’ in Annex ΙΙ;

Supplemented by Draft Memorandum of Understanding between the Scandinavian countries and Pakistan
initialled at Oslo on 23 March 1999;

— Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the
Government of the Islamic Republic of Pakistan concerning Air Services done in Karachi on 14 September 1999,
hereinafter referred to as ‘Pakistan-UK Agreement’ in Annex ΙΙ;

Modified by Memorandum of Understanding done at London on 9 February 2000.

(b) Air service agreements and other arrangements initialled or signed between the Islamic Republic of Pakistan 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 Government of the Islamic Republic of Pakistan and the Government of the Grand Duchy
of Luxembourg on air services initialled at Karachi on 14 October 1997 hereinafter referred to as ‘Pakistan-
Luxembourg Agreement’ in Annex ΙΙ,

Supplemented by Memorandum of Understanding signed at Karachi on 14 October 1997.

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ANNEX ΙΙ

Provisional

list of articles in the agreements listed in Annex Ι and referred to in Articles 2 to 4 of this

Agreement

(a) Designation by a Member State:

— Article 3 of the Pakistan-Austria Agreement and 2a of the Pakistan-Austria Memorandum of Understanding done

at Islamabad on 27 September 2006,

— Article III of the Pakistan-Bulgaria Agreement,

— Article III of the Pakistan-Czech Republic Agreement,

— Draft Article 3 of the Pakistan-Denmark Agreement,

— Article 2 of the Pakistan-France Agreement,

— Article 3 of the Pakistan-Germany Agreement,

— Article 3 of the Pakistan-Greece Agreement,

— Article 3 of the Pakistan-Hungary Agreement,

— Article II of the Pakistan-Italy Agreement,

— Article 3 of the Pakistan-Malta Agreement,

— Article 4 of the Draft Pakistan-The Netherlands Agreement,

— Article III of the Pakistan-Poland Agreement,

— Article II of the Pakistan-Portugal Agreement,

— Article III of the Pakistan-Romania Agreement,

— Article 3 of the Pakistan-Spain Agreement,

— Draft Article 3 of the Pakistan-Sweden Agreement,

— Article 4 of the Pakistan-United Kingdom Agreement,

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

— Article 4 of the Pakistan-Austria Agreement and 2b of the Pakistan-Austria Memorandum of Understanding,

— Article IV of the Pakistan-Bulgaria Agreement,

— Article IV of the Pakistan-Czech Republic Agreement,

— Draft Article 4 of the Pakistan-Denmark Agreement,

— Article 2 of the Pakistan-France Agreement,

— Article 4 of the Pakistan-Germany Agreement,

— Article 4 of the Pakistan-Greece Agreement,

— Article 4 of the Pakistan-Hungary Agreement,

— Article VIII of the Pakistan-Italy Agreement,

— Article 4 of the Pakistan-Luxembourg Agreement,

— Article 4 of the Pakistan-Malta Agreement,

— Article 5 of the Draft Pakistan-The Netherlands Agreement,

— Article IV of the Pakistan-Poland Agreement,

— Article VIII of the Pakistan-Portugal Agreement,

— Article IV of the Pakistan-Romania Agreement,

— Article 4 of the Pakistan-Spain Agreement,

— Draft Article 4 of the Pakistan-Sweden Agreement,

— Article 5 of the Pakistan-United Kingdom Agreement,

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(c) Safety:

— Attachment D of the Pakistan-Austria Memorandum of Understanding,
— Article V of the Pakistan-Bulgaria Agreement,
— Article V of the Pakistan-Czech Republic Agreement,
— Draft Article 16 of the Pakistan-Denmark Agreement,
— Article 8 of the Pakistan-Greece Agreement,
— Article 5 of the Pakistan-Hungary Agreement,
— Article II of the Pakistan-Italy Agreement,
— Article 6 of the Pakistan-Luxembourg Agreement,
— Article 5 of the Pakistan-Malta Agreement,
— Appendix II to the Pakistan-The Netherlands Agreed Minutes of 25 March 1997,
— Article V of the Pakistan-Romania Agreement,
— Article 5 of the Pakistan-Spain Agreement,
— Draft Article 16 of the Pakistan-Sweden Agreement,

(d) Tariffs for Carriage within the European Community:
— Article 9 of the Pakistan-Austria Agreement,
— Article VIII of the Pakistan-Bulgaria Agreement,
— Article VIII of the Pakistan-Czech Republic Agreement,
— Draft Article 11 of the Pakistan-Denmark Agreement,
— Article 6 of the Pakistan-France Agreement,
— Annex 4 of the Agreed Minutes done at Bonn 12 November 1998 – as applied provisionally in the framework of

the Pakistan-Germany Agreement,

— Article 13 of the Pakistan-Greece Agreement,
— Article 9 of the Pakistan-Hungary Agreement,
— Article VI of the Pakistan-Italy Agreement,
— Article 10 of the Pakistan-Luxembourg Agreement,
— Article 9 of the Pakistan-Malta Agreement,
— Article 6 of the Draft Pakistan-The Netherlands Agreement,
— Article VIII of the Pakistan-Poland Agreement,
— Article VI of the Pakistan-Portugal Agreement,
— Article IX of the Pakistan-Romania Agreement,
— Article 9 of the Pakistan-Spain Agreement,
— Draft Article 11 of the Pakistan-Sweden Agreement,
— Article 7 of the Pakistan-United Kingdom Agreement.

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ANNEX ΙΙΙ

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).