Proposal for a Council Decision on the conclusion of the Agreement on certain aspects of air services between the European Community and the Federative Republic of Brazil
Date: 2009-08-03
Institutions: European Commission
Subjects: Brazil, European Community, agreement (EU), air transport, airline, foreign policy, transport policy, transport regulations

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 3.8.2009 
COM(2009) 412 final 

2009/0115 (CNS) 

Proposal for a 

COUNCIL DECISION 

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

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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,  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  fourteen  bilateral  air  services  agreements  between  Member  States  and  the 
Federative Republic of Brazil. 

•  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 

1 

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

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law. 

2. 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

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212 

3. 

305 

310 

329 

342 

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  Brazil  that  replaces 
certain  provisions  in  the  existing  bilateral  air  services  agreements  between  Member 
States and the Federative Republic of Brazil. Article 2 of the Agreement replaces the 
traditional  designation  clauses  with  a  Community  designation  clause,  permitting  all 
Community carriers to benefit from the right of establishment. Articles 4 and 5 of the 
Agreement  address 
types  of  clauses  concerning  matters  of  Community 
competence. 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. 

two 

•  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 Federative Republic of Brazil is the 
most efficient instrument to bring all existing bilateral air services agreements between 
Member States and the Federative Republic of Brazil into conformity with Community 

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4. 

409 

5. 

510 

511 

512 

570 

law. 

BUDGETARY IMPLICATION 

The proposal has no implication for the Community budget. 

ADDITIONAL INFORMATION 

•  Simplification 

The proposal provides for simplification of legislation. 

The  relevant  provisions  of  bilateral  air  services  agreements  between  Member  States 
and  the  Federative  Republic  of  Brazil  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  Federative  Republic  of  Brazil  and  to  designate  the 
persons authorised to sign the Agreement on behalf of the Community.  

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2009/0115 (CNS) 

Proposal for a 

COUNCIL DECISION 

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

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 Commission2, 

Having regard to the opinion of the European Parliament3, 

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 Federative Republic of Brazil in accordance with the 
mechanisms  and  directives  in  the  Annex  to  the  Council  Decision  authorising  the 
Commission  to  open  negotiations  with  third  countries  on  the  replacement  of  certain 
provisions in existing bilateral agreements with a Community agreement, 

(3) 

The Agreement 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 4,  

(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 Federative Republic of Brazil is approved on behalf of the Community. 

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

1. 

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3 
4 

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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 Federative Republic of Brazil  

on certain aspects of air services 

THE EUROPEAN COMMUNITY  

of the one part, and  

THE FEDERATIVE REPUBLIC OF BRAZIL  

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  Federative  Republic  of  Brazil  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 Federative Republic of Brazil, 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 
Federative Republic of Brazil 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  Federative  Republic of  Brazil 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 

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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, as part of this agreement, to 
increase the total volume of air traffic between the European Community and the Federative 
Republic of Brazil, to affect the balance between Community air carriers and air carriers of 
the  Federative  Republic  of  Brazil,  or  to  negotiate  amendments  to  the  provisions  of  existing 
bilateral air service agreements concerning traffic rights. 

HAVE AGREED AS FOLLOWS:  

ARTICLE 1 

General provisions 

1. 

2. 

3. 

1. 

2. 

For the purposes of this Agreement, ‘Member States’ shall mean Member States of 
the European Community.  

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 by a Member State 

The  provisions  in  paragraphs  2  and  3  of  this  Article  shall  supersede  the 
corresponding provisions in the articles listed in Annex 2 (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 Federative Republic of Brazil, and the 
refusal,  revocation,  suspension  or  limitation  of  the  authorisations  or  permissions  of 
the air carrier, respectively. 

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

i. 

ii. 

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

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

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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 3 and/or nationals of such 
other states. 

the  Federative  Republic  of  Brazil  may  refuse,  revoke,  suspend  or  limit  the 

3. 
authorisations or permissions of an air carrier designated by a Member State where: 

i. 

ii. 

iii. 

iv. 

v. 

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  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 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 3 and/or nationals 
of such other states; or 

the air carrier is already authorised to operate under a bilateral agreement 
between the Federative Republic of Brazil and another Member State and 
the Federative Republic of Brazil demonstrates 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 

the  air  carrier  holds  an  Air  Operators  Certificate  issued  by  a  Member 
State  and  there  is  no  bilateral  air  services  agreement  between  the 
Federative Republic of Brazil and that Member State, and traffic rights to 
that Member State have been denied to the air carrier designated by the 
Federative Republic of Brazil. 

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

ARTICLE 3 

Safety 

1. 

2. 

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  has  designated  an  air  carrier  whose  regulatory  control  is 
exercised  and  maintained  by  another  Member  State,  the  rights  of  the  Federative 
Republic of Brazil under the safety provisions of the agreement between the Member 
State  that  has  designated  the  air  carrier  and  the  Federative  Republic  of  Brazil  shall 
apply equally in respect of the adoption, exercise or maintenance of safety standards 

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by that other Member State and in respect of the operating authorisation of that air 
carrier. 

ARTICLE 4 

Taxation of aviation fuel 

1. 

2. 

3. 

1. 

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 Federative Republic of 
Brazil 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. 

On  the  basis  of  reciprocity  and  in  conformity  with  Brazilian  legislation,  nothing  in 
each of the agreements listed in Annex 2 (d) shall prevent the Federative Republic of 
Brazil  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 airline of 
a Member State that operates between points in the territory of Brazil. 

ARTICLE 5 

Compatibility with competition rules 

Notwithstanding  any  other  provision  to  the  contrary,  nothing  in  each  of  the 
agreements listed in Annex 1 shall (i) require or favour the adoption of agreements 
between  undertakings,  decisions  by  associations  of  undertakings  or  concerted 
practices  that  prevent  or  distort  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 Parties may, at any time, revise or amend this Agreement by mutual consent. 

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ARTICLE 8 

Entry into force and provisional application  

1. 

2. 

3. 

This  Agreement  shall  enter  into  force  when  the  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 Parties agree to provisionally apply this Agreement 
from the first day of the month following the date on which the Parties have notified 
each other of the completion of the procedures necessary for this purpose. 

This  Agreement  shall  apply  to  all  agreements  and  arrangements  listed  in  Annex  1 
including those that, at the date of signature of this Agreement, have not yet entered 
into force and are not being applied provisionally. 

ARTICLE 9 

Termination 

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

In the event that all agreements listed in Annex 1 are terminated, this Agreement shall 

2. 
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, and Swedish languages. 

FOR THE EUROPEAN COMMUNITY 

FOR  THE  FEDERATIVE  REPUBLIC  OF 
BRAZIL: 

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List of agreements referred to in Article 1 of this Agreement 

Air  service  agreements  or  other  arrangements  between  the  Federative  Republic  of 
Brazil and Member States of the European Community, as amended or modified, which, 
at the date of signature of this Agreement, have been concluded, signed or initialled 

ANNEX 1 

–  Agreement  between  the  Federal  Republic  of  Germany  and  the  Federative 
Republic  of  Brazil  on  scheduled  air  services  signed  in  Rio  de  Janeiro  on  29 
August  1957,  hereinafter  referred  to  as  “Brazil  –  Germany  Agreement”  in 
Annex 2 ; 

–  Agreement  between  the  Government  of  Austria  and  the  Government  of  the 
Federative Republic of Brazil relating to Air Services signed in Vienna on 16 July 
1993, hereinafter referred to as “Brazil – Austria Agreement” in Annex 2 ; 

–  Agreement  between  the  Government  of  the  Kingdom  of  Belgium  and  the 
Government  of  the  Federative  Republic  of  Brazil  on  air  transport,  signed  in 
Brasilia  on  18  November  1999,  hereinafter  referred  to  as  "Brazil  –  Belgium 
Agreement" in Annex 2; 

–  Agreement  between  the  Government  of  the  Kingdom  of  Denmark  and  the 
Government of the Federative Republic of Brazil relating to air transport, signed 
in  Rio  de  Janeiro  on  18  March  1969,  hereinafter  referred  to  as  "Brazil  – 
Denmark Agreement" in Annex 2; 

–  Agreement between the Spanish Government and the  Government  of the United 
States  of  Brazil  on  scheduled  air  transport,  signed  in  Rio  de  Janeiro  on  28 
November  1949,  as  amended,  hereinafter  referred  to  as  "Brazil  –  Spain 
Agreement" in Annex 2; 

–  Agreement between the Kingdom of Spain and the Federative Republic of Brazil, 
initialled  as  Annex  2  to  the  Agreed  Record  signed  in  Rio  de  Janeiro  on  13  July 
2007,  hereinafter  referred  to  as  "Draft  Revised  Brazil  –  Spain  Agreement"  in 
Annex 2; 

–  Agreement  between  the  French  Republic  and  the  Federative  Republic  of  Brazil, 
signed in Paris on 29 October 1965 related to air transport, hereinafter referred to 
as "Brazil – France Agreement" in Annex 2; 

–  Air  Services  Agreement  between  the  Government  of  the  Hellenic  Republic  and 
the Government of the Federative Republic of Brazil, initialled as Attachment B 
to  the  Memorandum  of  Understanding  signed  in  Athens  on  18  March  1997, 
hereinafter referred to as "Brazil – Greece Agreement" in Annex 2; 

–  Air Services Agreement between the Government of the Republic of Hungary and 
the Government of the Federative Republic of Brazil, signed in Brasilia on 3 April 
1997, hereinafter referred to as "Brazil – Hungary Agreement" in Annex 2; 

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–  Agreement  between  Italy  and  the  United  States  of  Brazil  on  scheduled  air 
services, signed in Rome on 23 January 1951, hereinafter referred to as "Brazil – 
Italy Agreement" in Annex 2; 

–  Agreement between the Government of the Italian Republic and the Government 
of  the  Federative  Republic  of  Brazil  concerning  air  services,  initialled  as 
Attachment  2  to  the  Record  of  Discussions  signed  in  Rome  on  1  July  2007, 
hereinafter referred to as "Draft Revised Brazil – Italy Agreement" in Annex 2; 

–  Draft  Agreement  between  the  Government  of  the  Grand  Duchy  of  Luxembourg 
and the Government of the Federative Republic of Brazil on air services, initialled 
as Annex 2 to the Memorandum of Understanding signed in Luxembourg on 28 
August  2008,  hereinafter  referred  to  as  "Brazil  –  Luxembourg  Agreement"  in 
Annex 2; 

–  Air  Transport  Agreement  between  the  Government  of  the  Kingdom  of  the 
Netherlands and the Government of the Federative Republic of Brazil, signed in 
Brasilia  on  6  July  1997,  hereinafter  referred  to  as  "Brazil  –  Netherlands 
Agreement" in Annex 2; 

–  Air Services Agreement between the Government of the Republic of Poland and 
the Government of the Federative Republic of Brazil, signed in Rio de Janeiro on 
13 March 2000, hereinafter referred to as "Brazil – Poland Agreement" in Annex 
2; 

–  Agreement  between  the  Government  of  Portugal  and  the  Government  of  the 
Federative Republic of Brazil on air transport, signed in Lisbon on 11 September 
2002, hereinafter referred to as "Brazil – Portugal Agreement" in Annex 2; 

–  Agreement  between  the  Government  of  the  Kingdom  of  Sweden  and  the 
Government of the Federative Republic of Brazil relating to air transport, signed 
in Rio de Janeiro on 18 March 1969, hereinafter referred to as "Brazil – Sweden 
Agreement" in Annex 2. 

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

ANNEX 2 

(a) 

Designation by a Member State: 

–  Article 3 of the Brazil – Austria Agreement; 

–  Articles 3 and 4 of the Brazil – Belgium Agreement; 

–  Article 3 of the Brazil – Denmark Agreement; 

–  Article 2 of the Brazil – France Agreement; 

–  Article 3 of the Brazil – Germany Agreement; 

–  Article 3 of the Brazil – Greece Agreement; 

–  Article 3 of the Brazil – Hungary Agreement; 

–  Article 3 of the Brazil – Italy Agreement; 

–  Article 3 of the Draft Revised Brazil – Italy Agreement; 

–  Article 2 of the Brazil – Netherlands Agreement; 

–  Article 3 of the Brazil – Poland Agreement; 

–  Article 3 of the Brazil – Portugal Agreement; 

–  Article 4 of the Brazil – Spain Agreement; 

–  Article 3 of the Draft Revised Brazil – Spain Agreement; 

–  Article 3 of the Brazil – Sweden Agreement; 

(b) 

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

–  Article 4 of the Brazil – Austria Agreement; 

–  Article 5 of the Brazil – Belgium Agreement; 

–  Article 4 of the Brazil – Denmark Agreement; 

–  Article 3 of the Brazil – France Agreement; 

–  Article 4 of the Brazil – Germany Agreement; 

–  Article 4 of the Brazil – Greece Agreement; 

–  Article 4 of the Brazil – Hungary Agreement; 

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–  Article 7 of the Brazil – Italy Agreement; 

–  Article 4 of the Draft Revised Brazil – Italy Agreement; 

–  Article 6 of the Brazil – Netherlands Agreement; 

–  Article 4 of the Brazil – Poland Agreement; 

–  Article 4 of the Brazil – Portugal Agreement; 

–  Article 6 of the Brazil – Spain Agreement; 

–  Article 4 of the Draft Revised Brazil – Spain Agreement; 

–  Article 4 of the Brazil – Sweden Agreement; 

(c) 

Safety: 

–  Article relating to safety as provided for in the Agreed Minutes signed in Rio de Janeiro on 

25 April 1996 in relation to the Brazil – Netherlands Agreement; 

–  Article 14 of the Brazil – Portugal Agreement; 

(d) 

Taxation of aviation fuel: 

–  Article 8 of the Brazil – Austria Agreement; 

–  Article 10 of the Brazil – Belgium Agreement; 

–  Article 6 of the Brazil – Denmark Agreement; 

–  Article 4 of the Brazil – France Agreement; 

–  Article 5 of the Brazil – Germany Agreement; 

–  Article 10 of the Brazil – Greece Agreement; 

–  Article 8 of the Brazil – Hungary Agreement; 

–  Article 4 of the Brazil – Italy Agreement; 

–  Article 9 of the Brazil – Luxembourg Agreement; 

–  Article 3 of the Brazil – Netherlands Agreement; 

–  Article 6 of the Brazil – Poland Agreement; 

–  Article 6 of the Brazil – Portugal Agreement; 

–  Article 5 of the Brazil – Spain Agreement; 

–  Article 5 of the Draft Revised Brazil – Spain Agreement; 

–  Article 6 of the Brazil – Sweden Agreement; 

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ANNEX 3 

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) 

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