COUNCIL DECISION on the conclusion of the Agreement on Air Transport between the European Union and its Member States, of the one part, and the Federative Republic of Brazil, of the other part Proposal for a COUNCIL DECISION on the conclusion of the Agreement on Air Transport between the European Union and its Member States, of the one part, and the Federative Republic of Brazil, of the other part
Date: 2011-05-06
Institutions: European Commission
Subjects: Brazil, air transport, approximation of laws, international competition, market access

EUROPEAN COMMISSION 

Brussels, 6.5.2011 
COM(2011) 252 final 

2011/0109 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement on Air Transport between the European Union and 
its Member States, of the one part, and the Federative Republic of Brazil, of the other 
part 

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EXPLANATORY MEMORANDUM 

1. 

Context of the proposal 

•  Grounds for and objectives of the proposal 

The Agreement on Air Transport between the European Union and its Member States, 
of the one part, and the Federative Republic of Brazil (hereinafter referred to as Brazil), 
of the other part has been negotiated by the Commission as authorised by the Council 
in October 2010. Air services between the EU and Brazil presently operate on the basis 
of bilateral agreements between individual Member States and Brazil. It is part of the 
EU's external aviation policy to negotiate comprehensive air services agreements with 
key  partners  where  the  added  value  and  economic  benefits  of  such  agreements  have 
been demonstrated. The Agreement aims at: 

-  gradual  market  opening  in  terms  of  access  to  routes  and  capacity  on  a  reciprocal 
basis; 
-  promoting  air  services  based  on  competition  among  air  carriers  with  minimum 
government interference and regulation; 
- non-discrimination and level playing field for economic operators; 
-  promoting  regulatory  cooperation  and,  to  the  extent  practical,  harmonisation  of 
regulations and approaches. 

•  General context 

The negotiating directives set out the general objective of negotiating a comprehensive 
air  transport  agreement  with  the  aim  of  gradually  and  reciprocally  opening  market 
access and ensuring regulatory convergence. 

In  accordance  with  the  negotiating  directives,  a  draft  Agreement  with  Brazil  was 
initialled by the two sides on 17 March 2011.  

•  Existing provisions in the area of the proposal 

The  provisions  of  the  Agreement  shall  prevail  over  the  relevant  provisions  of  the 
existing bilateral air services agreements between Member States and Brazil. 

•  Consistency with the other policies and objectives of the Union 

The conclusion of a comprehensive air transport agreement with Brazil is an important 
element  in  the  development  of  the  EU  external  aviation  policy,  as  described  in  the 
Commission  Communication  COM(2005)  79  final  "Developing  the  agenda  for  the 
Community's external aviation policy". 

2. 

Consultation of interested parties and impact assessment 

In  line  with  Art.  218  (4)  TFEU  the  Commission  has  conducted  the  negotiations  in 
consultation with a special committee. 

In addition, it consulted interested parties throughout the process. 

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•  Consultation of interested parties 

Consultation methods, main sectors targeted and general profile of respondents 

The  Commission  has  consulted  with  stakeholders,  in  particular  via  the  Consultative 
Forum comprising representatives of air carriers, airports, and labour organisations. 

Summary of responses and how they have been taken into account 

All comments from stakeholders were duly taken into consideration in the preparation 
of the Union's negotiating position. 

•  Collection and use of expertise 

There was no need for external expertise. 

•  Impact assessment 

The Agreement ensures the gradual opening of the EU-Brazil air transport market. A 
report  prepared  for  the  Commission  in  2009  by  consultants,  estimated  that  a 
comprehensive  EU-Brazil  air  transport  agreement  opening  up  the  market  could 
generate up to 460,000 extra passengers and consumer benefits of up to 460 million € 
in the first effective year of market opening. The employment impact of an EU-Brazil 
agreement is expected to be positive and should stimulate employment for a number of 
years.  The  total  direct  and  indirect  jobs  expected  to  be  created  as  a  result  of 
liberalisation is 980 (with a lower and upper bound of 870 and 1360 respectively). 

The report has been made available to Member States and stakeholders via the CIRCA 
database. 

The Agreement establishes a Joint Committee which will be responsible for reviewing 
the implementation of the Agreement and its effects. 

3. 

Legal elements of the proposal 

•  Summary of the proposed action 

The  Agreement  consists  of  the  main  body  including  the  main  principles,  and  two 
annexes:  Annex  I  on  route  schedule,  traffic  rights  and  operational  flexibility,  and 
Annex II on bilateral air services agreements. 

•  Legal basis 

Article100 (2), in conjunction with Article 218 (6)(a) of the Treaty on the Functioning 
of the European Union. 

•  Subsidiarity principle 

The  subsidiarity  principle  applies  insofar  as  the  proposal  does  not  fall  under  the 
exclusive competence of the Union. 

The  provisions  of  the  Agreement  will  prevail  over  the  relevant  provisions  of  the 
existing  arrangements  made  by  individual  Member  States.  The  Agreement  creates 

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simultaneously  for  all  Union  air  carriers  equal  and  uniform  conditions  for  market 
access,  and  establishes  new  arrangements  for  regulatory  co-operation  between  the 
European  Union  and  Brazil  in  fields  essential  for  the  safe,  secure,  and  efficient 
operation  of  air  services.  These  arrangements  can  only  be  achieved  at  Union  level 
because they involve a number of areas of exclusive Union competence. 

The  objectives  of  the  proposal  cannot  be sufficiently  achieved  by  the  Member  States 
for the following reason(s). 

The  Agreement  allows  for  the  simultaneous  extension  of  its  terms  to  the  27  Member 
States,  applying  the  same  rules  without  discrimination  and  benefiting  all  Union  air 
carriers regardless of their nationality. These carriers will be able to operate freely from 
any point in the European Union to any point in Brazil which is currently not the case. 

Removal  of  all  market  access  restrictions  between  the  EU  and  Brazil  will  not  only 
attract  new  entrants  to  the  market  and  create  opportunities  to  operate  to  underserved 
airports, but will also facilitate consolidation between EU air carriers. 

The Agreement secures for all EU air carriers access to commercial opportunities, such 
as the possibility to freely establish prices. One further objective of the mandate is to 
create  a  level  playing  field  between  all  EU  and  Brazil  air  carriers,  and  this  requires 
strong regulatory co-operation which can only be  delivered at Union  level.  Finally, a 
key objective of the mandate was to create a framework for addressing and resolving 
"doing business" obstacles faced by EU carriers in Brazil. The Union will have more 
leverage in seeking to resolve these problems than is possible at national level.  

The proposal therefore complies with the subsidiarity principle. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reason(s). 

A Joint Committee will be established to discuss matters related to the implementation 
of  the  Agreement.  The  Joint  Committee  will  foster  expert-level  exchanges  on  new 
legislative  or  regulatory  initiatives  or  developments  and  consider  potential  areas  for 
further  development  of  the  Agreement.  The  Joint  Committee  will  be  composed  of 
representatives of the Commission and the Member States. 

Furthermore,  Member  States  will  continue  to  carry  out  the  traditional  administrative 
tasks they execute in the context of international air transport, but under common rules 
applied uniformly.  

•   

•  Choice of instruments 

Proposed instruments: international agreement 

Other means would not be adequate for the following reason(s). 

External aviation relations can only be given effect through international agreements. 

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4. 

Budgetary implication 

The proposal has no implication for the Union budget. 

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2011/0109 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement on Air Transport between the European Union and 
its Member States, of the one part, and the Federative Republic of Brazil, of the other 
part 

THE COUNCIL OF THE EUROPEAN UNION 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union  and  in  particular 
Article100 (2), in conjunction with Article 218 (6)(a) 

Having regard to the consent of the European Parliament 

Whereas: 

(1) 

(2) 

(3) 

the Commission has negotiated on behalf of the Union and of the Member States an 
Agreement  on  Air  Transport  with  the  Federative  Republic  of  Brazil  (hereinafter,  the 
“Agreement”) 

In accordance with Council Decision 2011/xxx of (…) the Agreement was signed on 
(…); 

It is necessary to lay down appropriate arrangements for the coordination between and 
representation  of  the  Union  and  the  Member  States  in  the  Joint  Committee  set  up 
under Article 21 of the Agreement. 

(4) 

The Agreement should be concluded, 

HAS DECIDED AS FOLLOWS:  

Article 1  
Conclusion 

1. 

2. 

The  Agreement  on  Air  Transport  between  the  European  Union  and  its  Member 
States,  on  the  one  part,  and  the  Federative  Republic  of  Brazil,  of  the  other  part,  is 
hereby concluded. The text of the Agreement is attached to this Decision.  

The  President  of  the  Council  shall  designate  the  person  empowered  to  proceed  on 
behalf of the European Union, to make the notifications provided for in Article 27 of 
the Agreement in order to express the consent of the European Union to be bound by 
the Agreement. 

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1. 

2. 

3. 

4. 

5. 

1. 

2. 

1. 

2. 

3. 

Article 2 
Joint Committee 

Representatives of the European Union and the Member States shall be represented 
in the Joint Committee established under Article 21 of the Agreement. 

The European Union shall be represented in the Joint Committee by the Commission.  

The  position  to  be  taken  by  the  European  Union  and  its  Member  States  within  the 
Joint Committee with respect to matters of exclusive competence of the EU that do 
not require the adoption of a decision having legal effect will be established by the 
Commission and will be notified in advance to the Council and the Member States. 

For Joint Committee decisions concerning matters that fall within the competence of 
the EU, the position to be taken by the European Union and its Member States will 
be  adopted  by  the  Council,  acting  by  qualified  majority  on  a  proposal  from  the 
Commission,  unless  the  applicable  voting  procedures  set  down  in  the  EU  Treaties 
provide otherwise. 

For  Joint  Committee  decisions  concerning  matters  that  fall  within  Member  States' 
competence, the position to be taken by the European Union and its Member States 
will  be  adopted  by  the  Council,  acting  by  unanimity,  on  a  proposal  from  the 
Commission  or  from  Member  States,  unless  a  Member  State  has  informed  General 
Secretariat  of  the  Council  within  one  month  of  the  adoption  of  that  position  that  it 
can  only  consent  to  the  decision  to  be  taken  by  the  Joint  Committee  with  the 
agreement of its legislative bodies. 

Article 3 
Settlement of Disputes 

The Commission shall represent the Union in dispute  settlement  proceedings under 
Article 22 of the Agreement.  

Any  appropriate  action  to  be  taken  under  Article  22  of  the  Agreement  on  matters 
which fall within the Union competence shall be decided upon by the Commission, 
in  consultation  with  a  Special  Committee  of  representatives  of  the  Member  States 
appointed by the Council.  

Article 4  
Information to the Commission 

Member  States  shall  inform  in  advance  the  Commission  of  any  decision  to  refuse, 
revoke, suspend or limit the authorisation of an airline of the Federative Republic of 
Brazil that they intend to adopt under Article 5 of the Agreement. 

Member  States  shall  inform  the  Commission  immediately  of  any  requests  or 
notifications made or received by them under Article 7 (Safety) of the Agreement. 

Member  States  shall  inform  the  Commission  immediately  of  any  requests  or 
notifications  made  or  received  by  them  under  Article  8  (Aviation  security)  of  the 
Agreement. 

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Article 5 
Entry into force 

This decision shall enter into force on the day of its adoption. It shall be published in 
the Official Journal of the European Union. 

Done at Brussels, […] 

For the Council 

The President 

[…] 

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ANNEX 

AGREEMENT ON AIR TRANSPORT 

BETWEEN 

THE FEDERATIVE REPUBLIC OF BRAZIL 

AND 

THE EUROPEAN UNION AND ITS MEMBER STATES 

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Index to Agreement 

Preamble 

Definitions 

Grant of rights  

Authorisation 

1. 

2. 

3. 

Reciprocal  recognition  of  regulatory  determinations  with  regard  to  air  carrier  fitness 

4. 
and citizenship 

5. 

6. 

7. 

8. 

9. 

Revocation of authorisation 

Application of laws 

Safety 

Aviation security 

Commercial opportunities 

10. 

Inward investment  

11. 

Customs duties and charges 

12. 

User charges 

13. 

Tariffs 

14. 

Statistics 

15. 

Competitive framework 

16. 

Environment 

17. 

Air Traffic Management 

18. 

Consumer protection 

19. 

Labour issues 

20. 

Computer reservation systems 

21. 

The Joint Committee 

22. 

Settlement of Disputes 

23. 

Relationship to other agreements 

24. 

Amendment 

25. 

Termination 

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26. 

Registration of the Agreement 

27. 

Entry into force 

ANNEXES 

Annex I 

Agreed services and specified routes 

Annex II 

Bilateral air services agreements/arrangements 

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THE FEDERATIVE REPUBLIC OF BRAZIL (hereinafter Brazil), of the one part; 

and 

THE REPUBLIC OF AUSTRIA, 

THE KINGDOM OF BELGIUM, 

THE REPUBLIC OF BULGARIA, 

THE REPUBLIC OF CYPRUS, 

THE CZECH REPUBLIC, 

THE KINGDOM OF DENMARK, 

THE REPUBLIC OF ESTONIA, 

THE REPUBLIC OF FINLAND, 

THE FRENCH REPUBLIC, 

THE FEDERAL REPUBLIC OF GERMANY, 

THE HELLENIC REPUBLIC, 

THE REPUBLIC OF HUNGARY, 

IRELAND, 

THE ITALIAN REPUBLIC, 

THE REPUBLIC OF LATVIA, 

THE REPUBLIC OF LITHUANIA, 

THE GRAND DUCHY OF LUXEMBOURG, 

MALTA, 

THE KINGDOM OF THE NETHERLANDS, 

THE REPUBLIC OF POLAND, 

THE PORTUGUESE REPUBLIC, 

ROMANIA, 

THE SLOVAK REPUBLIC, 

THE REPUBLIC OF SLOVENIA, 

THE KINGDOM OF SPAIN, 

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THE KINGDOM OF SWEDEN, 

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, 

being  parties  to  the  Treaty  on  European  Union  and  the  Treaty  on  the  Functioning  of  the 
European Union (hereinafter referred together as the Treaties) and being Member States of the 
European Union (hereinafter the Member States), 

and the EUROPEAN UNION, of the other part; 

Brazil  and  the  Member  States  of  the  European  Union  being  parties  to  the  Convention  on 
International  Civil  Aviation  opened  for  signature  at  Chicago,  on  the  7th  day  of  December, 
1944, together with the European Union; 

DESIRING  to  promote  an  aviation  system  based  on  competition  among  air  carriers  in  the 
marketplace with minimum government interference and regulation; 

DESIRING to promote their interests in respect of air transportation; 

RECOGNISING the importance of efficient air transportation in promoting trade, tourism and 
investment; 

DESIRING to enhance air services; 

DESIRING to ensure the highest degree of safety and security in air transportation; 

DETERMINED  to  obtain  the  potential  benefits  of  regulatory  cooperation  and,  to  the  extent 
practical, harmonisation of regulations and approaches; 

ACKNOWLEDGING  the  important  potential  benefits  that  may  arise  from  competitive  air 
services and viable air services industries; 

DESIRING to foster a competitive air services environment, recognising that where there is 
not a level competitive playing field for air carriers, potential benefits may not be realised; 

DESIRING  to  make  it  possible  for  their  air  carriers  to  have  a  fair  and  equal  opportunity  to 
provide the air services under this Agreement; 

DESIRING  to  maximise  benefits  to  passengers,  shippers,  air  carriers  and  airports  and  their 
employees, and others benefiting indirectly; 

AFFIRMING the importance of protecting the environment in developing and implementing 
international aviation policy; 

NOTING  the  importance  of  protecting  consumers  and  encouraging  an  appropriate  level  of 
consumer protection associated with air services; 

NOTING the importance of capital to the aviation industry for the further development of air 
services; 

DESIRING to conclude an agreement on air transport, supplementary to the said Convention, 

HAVE AGREED AS FOLLOWS: 

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Article 1 

Definitions 

For the purposes of this Agreement, unless otherwise stated, the term: 

1.  "Agreement"  means  this  Agreement,  Any  Annexes  and  Appendices  to  it,  and  any 
amendments thereto;  

2. "Air transportation" means the carriage by aircraft of passengers, baggage, cargo, and mail, 
separately or in combination, held out to the public for remuneration or hire, which, for the 
avoidance of doubt, shall include scheduled and non-scheduled services; 

3.  "Citizenship  determination"  means  a  finding  that  an  air  carrier  proposing  to  operate 
services under this Agreement satisfies the requirements of Article 3 regarding its ownership, 
effective control, and principal place of business; 

4. "Convention" means the Convention on International Civil Aviation, opened for signature 
at Chicago on 7 December 1944, and includes: 

(a) 

(b) 

any  amendment  that  has  entered  into  force  under  Article  94(a)  of  the 
Convention  and  has  been  ratified  by  both  Brazil  and  the  Member  State  or 
Member States as is relevant to the issue in question, and 

any  Annex  or  any  amendment  thereto  adopted  under  Article  90  of  the 
Convention, insofar as such Annex or amendment is at any given time effective 
for  both  Brazil  and  the  Member  State  or  Member  States  as  is  relevant  to  the 
issue in question; 

5.  "Fitness  determination"  means  a  finding  that  an  air  carrier  proposing  to  operate  services 
under this Agreement has satisfactory financial capability and adequate managerial expertise 
to  operate  such  services  and  is  disposed  to  comply  with  the  laws,  regulations,  and 
requirements that govern the operation of such services; 

6. "Full cost" means the cost of providing service plus a reasonable charge for administrative 
overhead; 

7. "International air transportation" means air transportation that passes through the airspace 
over the territory of more than one State; 

8.  "Member-states  of  the  Latin  American  Civil  Aviation  Commission"  means  Argentina, 
Aruba,  Belize,  Bolivia,  Brazil,  Chile,  Colombia,  Costa  Rica,  Cuba,  Dominican  Republic, 
Ecuador, El Salvador, Guatemala, Honduras, Jamaica, Mexico, Nicaragua, Panama, Paraguay, 
Peru, Uruguay and Venezuela; 

9. "Party" means, on the one hand, Brazil, and, on the other hand, the European Union or its 
Member  States,  or  the  European  Union  and  its  Member  States,  in  accordance  with  their 
respective powers; 

10. "Principal place of business" means the head office or registered office of an air carrier in 
the  Party  within  which  the  principal  financial  functions  and  operational  control,  including 
continued airworthiness management, of the air carrier are exercised; 

11. "Stop for non-traffic purposes" means a landing for any purpose other than taking on or 
discharging passengers, baggage, cargo and/or mail in air transportation; 

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12. "Subsidy": means any financial contribution granted by a government, a regional body or 
another public organisation, i.e. when: 

(a) 

(b) 

(c) 

(d) 

a  practice  of  a  government  or  regional  body  or  other  public  organisation 
involves  a  direct  transfer  of  funds  such  as  grants,  loans  or  equity  infusion, 
potential direct transfer of funds to the company, the assumption of liabilities 
of  the  company  such  as  loan  guarantees,  capital  injections,  ownership, 
insurance or protection against bankruptcy; 

revenue of a government or regional body or other public organisation that is 
otherwise due is foregone or not collected; 

 a government or regional body or other public organisation provides goods or 
services other than general infrastructure, or purchases goods or services; or 

a government or regional body or other public organisation makes payments to 
a funding mechanism or entrusts or directs a private body to carry out one or 
more  of  the  type  of  functions  illustrated  under (a), (b)  and (c)  which  would 
normally be vested in the government and, in practice, in no real sense differs 
from practices normally followed by governments;  

and where a benefit is thereby conferred. 

13. "Tariff" means any fare, rate, charge or allowance for the carriage of passengers, baggage 
and/or  cargo  (excluding  mail)  in  air  transportation,  including  surface  transportation  in 
connection  with  air  transportation,  if  applicable,  charged  by  air  carriers,  including  their 
agents,  and  the  conditions  governing  the  availability  of  such  fare,  rate,  charge  or  allowance 
including prices and conditions for agency services and other auxiliary services; 

14. "Territory" means, for Brazil, the land areas (mainland and islands), internal waters and 
territorial  sea  under  its  sovereignty  or  jurisdiction,  and,  for  the  European  Union  and  its 
Member  States,  the  land  areas  (mainland  and  islands),  internal  waters  and  territorial  sea  in 
which the Treaty on the European Union and the Treaty on the functioning of the European 
Union  are  applied  and  under  the  conditions  laid  down  in  those  Treaties  and  any  successor 
instrument. The application of this Agreement to the Airport of Gibraltar is understood to be 
without  prejudice  to  the  respective  legal  positions  of  the  Kingdom  of  Spain  and  the  United 
Kingdom with regard to the dispute over sovereignty over the territory in which the airport is 
situated  and  to  the  continuing  suspension  of  Gibraltar  Airport  from  EU  aviation  measures 
existing  as  at  18  September  2006  as  between  Member  States,  in  accordance  with  the 
Ministerial Statement on Gibraltar Airport agreed in Córdoba on 18 September 2006; and 

15. "User charge" means a charge imposed on air carriers for the provision of airport, airport 
environmental,  air  navigation,  or  aviation  security  facilities  or  services  including  related 
services and facilities. 

Article 2 

Grant of rights 

1. Each Party grants to the other Party, the following rights for the conduct of international air 
transportation by the air carriers of the other Party: 

(a) 

(b) 

the right to fly across its territory without landing; 

the right to make stops in its territory for non-traffic purposes; 

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(c) 

the  right  to  perform  international  air  transportation  in  accordance  with  the 
provisions of Annex I; and 

(d) 

the rights otherwise specified in this Agreement. 

2. Nothing in this Agreement shall be deemed to confer on the air carriers of: 

(a) 

(b) 

Brazil  the  right  to  take  on  board,  in  the  territory  of  any  Member  State, 
passengers, baggage, cargo, and/or mail carried for compensation and destined 
for another point in the territory of that Member State; 

the  European  Union  the  right  to  take  on  board,  in  the  territory  of  Brazil, 
passengers, baggage, cargo, and/or mail carried for compensation and destined 
for another point in the territory of Brazil. 

Article 3 

Authorisation 

On  receipt  of  applications  from  an  air  carrier  of  one  Party,  the  other  Party  shall  grant 
appropriate authorisations and permissions with minimum procedural delay, provided that: 

for an air carrier of Brazil, majority ownership and effective control of that air carrier 
(a) 
are  vested  in  Brazil  or  member-states  of  the  Latin  American  Civil  Aviation  Commission 
which,  in  particular,  have  an  agreement  on  certain  aspects  of  air  services  (Horizontal 
Agreement)  with  the  European  Union,  or  nationals  of  such  State  or  States,  or  both;  and 
effective  regulatory  control  of  the  air  carrier  is  exercised  and  maintained  by  Brazil  having 
issued its Air Operator's Certificate and that air carrier has its principal place of business in 
the territory of Brazil;  

(b) 
for an air carrier of the European Union, majority ownership and effective control of 
that  air  carrier  are  vested  in  a  European  Union  Member  State  or  Member  States  or 
Switzerland or signatories of the European Economic Area Agreement (EEA) or nationals of 
such State or States, or both; 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 that 
air carrier has its principal place of business in the territory of the European Union; 

the air carrier meets the conditions prescribed under the laws and regulations normally 
(c) 
applied  to  the  operation  of  international  air  transportation  by  the  Party  considering  the 
application or applications; and 

the  provisions  set  out  in  Article  7  (Safety)  and  Article  8  (Aviation  Security)  of  this 

(d) 
Agreement are being maintained and administered. 

2. The Parties agree to promote, as from the signature of this Agreement, simplification and 
harmonisation of procedures with regard to granting of authorisations. The Joint Committee 
under  Article  21  shall  develop  within  one  year  after  the  signature  of  this  Agreement  a 
process of cooperation in this regard. 

Article 4 

Reciprocal recognition of regulatory determinations  

with regard to air carrier fitness and citizenship 

Upon  receipt  of  an  application  for  authorisation  from  an  air  carrier  of  one  Party,  the 
competent  authorities  of  the  other  Party  shall  recognise  expeditiously  any  fitness  and/or 

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citizenship determination made by the competent authorities of the first Party with respect to 
that air carrier as if such determination had been made by its own competent authorities, and 
not inquire further into such matters, except as provided for at Sections a) and b) below. 

(a) 

If, after receipt of an application for authorisation from an air carrier, or after 
the grant of such authorisation, the competent authorities of the receiving Party 
have a specific reason for concern that, despite the determination made by the 
competent authorities of the other Party, the conditions prescribed in Article 3 
(Authorisation) of this Agreement for the grant of appropriate authorisations or 
permissions  have  not  been  met,  including  reasons  related  to  regulatory 
determination of ownership of air carriers designated by either Party, then they 
are  to  promptly  advise  those  authorities,  giving  substantive  reasons  for  their 
concern. In that event, either Party may seek consultations, which may include 
representatives  of  the  relevant  competent  authorities,  and/or  additional 
information relevant to this concern, and such requests are to be met as soon as 
practicable. If the matter remains unresolved, either Party may bring the matter 
to  the  Joint  Committee  set  up  under  Article  22  (Joint  Committee)  of  this 
Agreement.  If  the  matter  can  not  be  resolved  by  the  Joint  Committee,  the 
Parties  retain  the  possibility  of  refusing,  revoking,  suspending  or  limiting  the 
operating authorisations or otherwise suspending or limiting the operations of 
air carriers concerned. 

(b) 

This article does not cover recognition of determinations in relation to: 

– 

– 

– 

Safety certificates or licences; 

Security arrangements; or 

Insurance coverage. 

Article 5 

Revocation of authorisation 

1.  Either  Party  may  revoke,  suspend  or  limit  the  operating  authorisations  or  technical 
permissions  or  otherwise  suspend  or  limit  the  operations  of  an  air  carrier  of  the  other  Party 
where: 

(a) 

(b) 

for an air carrier of Brazil, majority ownership and effective control of that air 
carrier  are  not  vested  in  Brazil  or  member-states  of  the  Latin  American  Civil 
Aviation  Commission  which,  in  particular,  have  an  agreement  on  certain 
aspects  of  air  services  (Horizontal  Agreement)  with  the  European  Union,  or 
nationals of such State or States, or both; or effective regulatory control of the 
air  carrier  is  not  exercised  and  maintained  by  Brazil  having  issued  its  Air 
Operator's  Certificate  or  that  air  carrier  does  not  have  its  principal  place  of 
business in the territory of Brazil; 

for  an  air  carrier  of  the  European  Union,  majority  ownership  and  effective 
control of that air carrier are not vested in a European Union Member State or 
Member States or Switzerland or signatories of the European Economic Area 
Agreement  (EEA)  or  nationals  of  such  State  or  States,  or  both;  or  effective 
regulatory  control  of  the  air  carrier  is  not  exercised  and  maintained  by  the 
Member  State  responsible  for  issuing  its  Air  Operator's  Certificate  or  that  air 

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carrier  does  not  have  its  principal  place  of  business  in  the  territory  of  the 
European Union;  

that air carrier has failed to comply with the laws and regulations referred to in 
Article 6 (Application of Laws) of this Agreement; or 

a Party has made the determination in accordance with Article 15 (Competitive 
Framework)  of  this  Agreement  that  the  conditions  for  a  competitive 
environment are not being fulfilled. 

(c) 

(d) 

2. Unless immediate action is essential to prevent further noncompliance with subparagraphs 
1(c) or (d) or with paragraph 3 of this Article, the rights established by this Article shall be 
exercised only after consultation with the other Party. 

3. This Article  does not limit the rights of either Party to withhold, revoke, limit or impose 
conditions  on  the  operating  authorisation  or  technical  permission  of  an  air  carrier  or  air 
carriers of the other Party in accordance with the provisions of Article 7 (Safety) or Article 8 
(Aviation Security) of this Agreement. 

Article 6 

Application of laws 

1.  The  laws  and  regulations  of  a  Party  relating  to  the  admission  to  or  departure  from  its 
territory of aircraft engaged in international air navigation, or to the operation and navigation 
of  such  aircraft  while  within  its  territory,  shall  be  applied  to  the  aircraft  utilised  by  the  air 
carriers  of  the  other  Party,  and  shall  be  complied  with  by  such  aircraft  upon  entering  or 
departing from or while within the territory of the first Party. 

2.  While  entering,  within,  or  leaving  the  territory  of  one  Party,  the  laws  and  regulations 
applicable within that territory relating to the admission to or departure from its territory of 
passengers,  crew  or  cargo  on  aircraft  (including  regulations  relating  to  entry,  clearance, 
immigration,  passports,  customs  and  quarantine  or,  in  the  case  of  mail,  postal  regulations) 
shall be complied with by, or on behalf of, such passengers, crew or cargo of the other Party’s 
air carriers. 

Article 7 

Safety 

1. The Parties reaffirm the importance of close cooperation in the field of aviation safety. In 
that  context,  the  Parties  shall  engage  in  further  cooperation  including  in  relation  to  air 
operations,  notably  to  allow  the  sharing  of  information  which  may  have  an  impact  on  the 
safety  of  international  air  navigation,  the  participation  in  each  other's  oversight  activities  or 
conducting  joint  oversight  activities  in  the  field  of  aviation  safety  and  the  development  of 
joint  projects  and  initiatives,  including  with  third  countries.  This  cooperation  shall  be 
developed in the framework of the Agreement on Civil Aviation Safety between the European 
Union and the Government of the Federative Republic of Brazil, done at Brasilia on 14 July 
2010  (hereinafter  the  Safety  Agreement),  with  respect  to  matters  covered  by  that  Safety 
Agreement. 

2.  Certificates  of  airworthiness,  certificates  of  competency  and  licences,  issued  or  rendered 
valid  by  one  Party  in  accordance  with  the  Safety  Agreement,  and  still  in  force,  shall  be 
recognised  as  valid  by  the  other  Party  and  its  aeronautical  authorities  for  the  purpose  of 
operating the air services, provided that such certificates or licences were issued or rendered 

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valid  pursuant  to,  and  in  conformity  with,  as  a  minimum,  the  international  standards  and 
recommended practices established by the International Civil Aviation Organization . 

3.  A  Party  or  its  responsible  aeronautical  authorities  may  request  at  any  time  consultations 
with the other Party or its responsible aeronautical authorities concerning the safety standards 
and requirements maintained and administered by those aeronautical authorities. If, following 
such consultations, the requesting Party or its responsible aeronautical authorities find that the 
other  Party  or  its  responsible  aeronautical  authorities  do  not  effectively  maintain  and 
administer  safety  standards  and  requirements  in  these  areas,  that,  unless  otherwise  decided, 
are at least equal to the minimum standards established pursuant to the Convention, the other 
Party or its responsible aeronautical authorities shall be notified of such findings and the steps 
considered necessary to conform with these minimum standards. Failure by the other Party or 
its responsible aeronautical authorities to take appropriate corrective action within fifteen (15) 
days, or such other period as may be decided, shall constitute grounds for the requesting Party 
or  its  responsible  aeronautical  authorities  to  revoke,  suspend  or  limit  the  operating 
authorisations or technical permissions or to otherwise suspend or limit the operations of an 
air  carrier,  the  safety  oversight  of  which  is  the  responsibility  of  the  other  Party  or  its 
responsible aeronautical authorities. 

4. Each Party accepts that any aircraft operated by or, on behalf of, an air carrier of one Party, 
may, while within the territory of the other Party, be the subject of a ramp inspection by the 
aeronautical  authorities  of  the  other  Party,  to  verify  the  validity  of  the  relevant  aircraft 
documents, and those of its crew members and the apparent condition of the aircraft and its 
equipment, provided that such examination does not cause an unreasonable delay in operation 
of the aircraft. 

5. If the aeronautical authorities of one Party, after carrying out a ramp inspection, find that an 
aircraft  or  the  operation  of  an  aircraft  does  not  comply  with  the  minimum  standards 
established at that time pursuant to the Convention or there is a lack of effective maintenance 
and administration of safety standards established at that time pursuant to the Convention, the 
aeronautical authorities of that Party shall notify the aeronautical authorities of the other Party 
that  are  responsible  for  the  safety  oversight  of  the  air  carrier  operating  the  aircraft  of  such 
findings  and  the  steps  considered  necessary  to  conform  with  these  minimum  standards. 
Failure to take appropriate corrective action within fifteen (15) days shall constitute grounds 
for revoking, suspending or limiting the operating authorisations or technical permissions or 
to otherwise suspend or limit the operations of the air carrier operating the aircraft. The same 
determination may be made in the case of denial of access for ramp inspection. 

6.  Each  Party,  through  its  responsible  aeronautical  authorities,  shall  have  the  right  to  take 
immediate action including the right to revoke, suspend or limit the operating authorisations 
or technical permissions or otherwise suspend or limit the operations of an air carrier of the 
other  Party,  if  they  conclude  that  it  is  necessary  in  view  of  an  immediate  threat  to  aviation 
safety. Where practicable, the Party taking such measures shall endeavour to consult the other 
Party before hand. 

7.  Any  action  by  a  Party  or  its  responsible  aeronautical  authorities  in  accordance  with 
paragraphs 3, 5 or 6 of this Article shall be discontinued once the basis for the taking of that 
action ceases to exist. 

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Article 8 

Aviation Security 

1. In accordance with their rights and obligations under international law, the Parties reaffirm 
that  their  obligation  to  each  other  to  protect  the  security  of  civil  aviation  against  acts  of 
unlawful interference forms an integral part of this Agreement.  

2. Without limiting the generality of their rights and obligations under international law, the 
Parties shall in particular act in conformity with the provisions of the Convention on Offences 
and Certain Other Acts Committed on Board Aircraft, signed at Tokyo, 14 September 1963, 
the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague, 16 
December 1970, the Convention for the Suppression of Unlawful Acts against the Safety of 
Civil Aviation, signed at Montreal, 23 September  1971, the  Protocol for the Suppression of 
Unlawful  Acts  of  Violence  at  Airports  Serving  International  Civil  Aviation,  signed  at 
Montreal, 24 February 1988, and the Convention on the Marking of Plastic Explosives for the 
Purpose  of  Detection,  signed  at  Montreal  on  1  March  1991,  as  well  as  with  any  other 
convention and protocol relating to the security of civil aviation which is binding upon both 
Parties. 

3. The Parties shall provide upon request all necessary assistance to each other to address any 
threat to the security of civil aviation, including the prevention of acts of unlawful seizure of 
civil aircraft and other unlawful acts against the safety of such aircraft, of their passengers and 
crew, and of airports and air navigation facilities. 

4.  The  Parties  shall  act  in  conformity  with  the  international  aviation  security  standards  and 
appropriate  recommended  practices  established  by 
the  International  Civil  Aviation 
Organization.  They  shall  require  that  operators  of  aircraft  of  their  registries,  operators  of 
aircraft  who  have  their  principal  place  of  business  or  permanent  residence  in  their  territory, 
and  the  operators  of  airports  in  their  territory  act  in  conformity  with  such  aviation  security 
provisions. 

5.  Each  Party  shall  ensure  that  effective  measures  are  taken  within  its  territory  to  protect 
aircraft  and  to  inspect  passengers,  crew,  and  their  baggage  and  carry-on  items,  as  well  as 
cargo and aircraft stores, prior to and during boarding or loading; and that those measures are 
adjusted to meet increased threats to the security of civil aviation. Each Party agrees that the 
security  provisions  required  by  the  other  Party  for  departure  from  and  while  within  the 
territory of that other Party must be observed. Each Party shall give positive consideration to 
any request from the other Party for special security measures to meet a particular threat. 

6.  With  full  regard  and  mutual  respect  for  each  other’s  sovereignty,  a  Party  may  adopt 
security measures for entry into its territory, which should be communicated to the other Party 
without delay. That Party shall take into account the security measures already applied by the 
other Party and any views that the other Party may offer. Each Party recognises, however, that 
nothing in this Article limits the ability of a Party to refuse entry into its territory of any flight 
or flights that it deems to present a threat to its security. 

7. A Party may take emergency measures including amendments to meet a specific security 
threat. Such measures shall be notified immediately to the responsible authorities of the other 
Party. 

8.  Without  prejudice  to  the  need  to  take  immediate  action  in  order  to  protect  transportation 
security,  the  Parties  affirm  that  when  considering  security  measures,  a  Party  shall  evaluate 
possible  adverse  effects  on  international  air  transportation  and,  unless  constrained  by  law, 

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shall  take  such  factors  into  account  when  it  determines  what  measures  are  necessary  and 
appropriate to address those security concerns. 

9.  When  an  incident  or  threat  of  an  incident  of  unlawful  seizure  of  civil  aircraft  or  other 
unlawful  acts  against  the  safety  of  passengers,  crew,  aircraft,  airports  or  air  navigation 
facilities occurs, the Parties shall  assist each other by facilitating communications and other 
appropriate measures intended to terminate rapidly and safely such incident or threat. 

10. Each Party shall take all measures it finds practicable to ensure that an aircraft subjected 
to an act of unlawful seizure or other acts of unlawful interference which is on the ground in 
its  territory  is  detained  on  the  ground  unless  its  departure  is  necessitated  by  the  overriding 
duty to protect human life. Wherever practicable, such measures shall be taken on the basis of 
mutual consultations. 

11. When a Party has reasonable grounds to believe that the other Party has departed from the 
provisions  of  this  Article,  the  responsible  authorities  of  that  Party  may  request  immediate 
consultations with the responsible authorities of the other Party. Such consultations shall start 
within  fifteen  (15)  days  from  receipt  of  such  a  request.  Failure  to  reach  a  satisfactory 
agreement within fifteen (15) days from the starting date of such consultations shall constitute 
grounds  for  the  Party  that  requested  the  consultations  to  take  action  to  withhold,  revoke, 
suspend or impose conditions on the operating authorisation and technical permissions of an 
air  carrier  or  air  carriers  of  that  Party  to  ensure  compliance  with  the  provisions.  When 
required  by  an  emergency,  or  to  prevent  further  non-compliance  with  the  provisions  of  this 
Article, a Party may take interim action. 

Article 9 

Commercial opportunities 

Doing business 

1. The Parties agree that obstacles to doing business of commercial operators would hamper 
the benefits to be achieved by this Agreement. The Parties therefore agree to engage, as from 
the signature of this Agreement, in an effective and reciprocal process of removal of obstacles 
to doing business of air carriers of both Parties where such obstacles may hamper commercial 
operations,  create  distortions  to  competition  or  hamper  the  development  of  a  level  playing 
field. 

2.  Where  references  are  made  to  national  laws  and  regulations  in  relation  to  commercial 
opportunities covered by this Article, the Parties shall ensure that these laws and regulations 
do not unduly hamper commercial operations. 

3.  The  Joint  Committee  set  up  in  accordance  with  Article  21  shall  develop  a  process  of 
cooperation  in  relation  to  doing  business  and  commercial  opportunities;  shall  monitor 
progress  in  effectively  addressing  obstacles  to  doing  business  of  commercial  operators  and 
shall regularly review developments, including towards legislative and regulatory changes. In 
accordance  with  Article  21  (Joint  Committee)  a  Party  may  request  a  meeting  of  the  Joint 
Committee to discuss any question related to the application of the present article. 

Air carrier Representatives 

4. According to each Party’s laws and regulations, the air carriers of each Party shall have the 
right to freely establish offices in the territory of the other Party for the promotion and sale of 
air transportation and related services. 

5. The air carriers of each Party shall be entitled, in accordance with the laws and regulations 
of the other Party relating to entry, residence, and employment, to bring in and maintain in the 

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territory of the other Party managerial, sales, technical, operational, and other specialist staff 
who are required to support the provision of air transportation. Both Parties shall facilitate and 
expedite the granting of employment authorisations, where required, for personnel employed 
in the offices according to this paragraph, including those performing certain temporary duties 
not exceeding ninety (90) days, subject to the relevant laws and regulations in force. 

Groundhandling 

6. (a) Without prejudice to subparagraph (b) below, each air carrier shall have in relation to 
ground handling in the territory of the other Party: 

(i) 

the right to perform its own ground-handling ("self-handling"), or 

(ii) 

the right to select among competing suppliers, including other air carriers, that 
provide ground-handling services in whole or in part where such suppliers are 
allowed market access on the basis of the laws and regulations of each Party, 
and where such suppliers are present in the market. 

(b) The rights under (i) and (ii) in subparagraph (a) above shall be subject only to constraints 
according to the laws and regulations applicable in the territory of the other Party. Where such 
constraints  preclude  self-handling  and  where  there  is  no  effective  competition  between 
suppliers that provide ground-handling services, the relevant Party shall ensure that all such 
services are available on both an equal and an adequate basis to all air carriers; prices of such 
services  shall  be  determined  according  to  relevant,  objective,  transparent  and  non-
discriminatory criteria. 

Allocation of slots at airports 

7.  The  allocation  of  available  slots  at  the  airports  in  the  territories  of  the  Parties  shall  be 
carried  out  in  an  independent,  transparent,  non-discriminatory  and  timely  manner.  An  air 
carrier  shall  be  allowed  to  operate  in  accordance  with  the  slots  allocated  without  further 
approval of schedules, programmes or operational plans. 

Operational plans, programmes and schedules 

8. Notification of operational plans, programmes or schedules for air services operated under 
this Agreement may be required by a Party for information purposes only. If a Party requires 
such  notification,  it  shall  minimise  the  administrative  burdens  of  notification  requirements 
and procedures on air transportation intermediaries and on air carriers of the other Party. 

Sales, Local Expenses, and Transfer of Funds 

9. According to each Party's laws and regulations, any air carrier of each Party shall have the 
right to engage in the sale of air transportation and related services in the territory of the other 
Party  directly  and/or,  at  the  air  carrier’s  discretion,  through  its  sales  agents,  through  other 
intermediaries appointed by the air carrier or through any other available channels. Each air 
carrier shall have the right to sell such transportation and related services, according to each 
Party's laws and regulations, and any person shall be free to purchase such transportation and 
related services, in the currency of that territory or in freely convertible currencies. 

10.  The  air  carriers  of  each  Party  shall  be  permitted  to  pay  for  local  expenses,  including 
purchases of fuel, in the territory of the other Party in local currency. At their discretion, the 
air carriers of each Party may pay for such expenses in the territory of the other Party in freely 
convertible currencies, according to national currency laws and regulations. 

11. Each Party shall grant to any air carrier of the other Party the right to convert into freely 
convertible currency and remit from the territory of the other Party to its home territory and, 

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except  where  inconsistent  with  national  currency  laws  and  regulations,  the  country  or 
countries  of  its  choice,  local  revenues  in  excess  of  sums  locally  disbursed.  Conversion  and 
remittance shall be permitted promptly without restrictions or taxation in respect thereof at the 
rate  of  exchange  applicable  to  current  transactions  and  remittance  on  the  date  the  carrier 
makes the initial application for remittance. The conversion and remittance of such revenues 
shall not be subject to any administrative or exchange charges except those normally made by 
banks for the carrying out of such conversion and remittance. The provisions of this Article 
do  not  exempt  the  air  carriers  of  both  Parties  from  any  duties,  taxes  and  contributions  to 
which  they  are  otherwise  subject.  If  there  is  a  special  agreement  between  an  EU  Member 
State  and  Brazil  to  avoid  double  taxation,  or  a  special  agreement  or  any  other  provisions 
relating  to  revenue/profits  taxation  agreed  bilaterally  which  regulate  transferring  of  funds 
between that EU Member State and Brazil, such agreements shall prevail. 

Cooperative Arrangements 

12. In operating or holding out services under the Agreement, any air carrier of a Party may 
enter  into  cooperative  marketing  arrangements,  such  as  blocked-space  or  code-sharing 
arrangements, with: 

(a) 

(b) 

(c) 

(d) 

any air carrier or air carriers of the same Party; 

any air carrier or air carriers of the other Party; 

any air carrier or air carriers of a third country; and 

any surface (land or maritime) transportation provider of any country; 

provided  that  (i)  the  operating  carrier  holds  the  appropriate  traffic  rights  and  (ii)  the 
arrangements meet the conditions prescribed under the laws and regulations normally applied 
by the Parties to the operation or holding out of international air transportation. 

The Parties may require the air carriers to notify cooperative marketing arrangements under 
this Agreement with the competent authorities, for information purposes only.  

13. In respect of passenger transport sold involving cooperative marketing arrangements, the 
purchaser  shall  be  informed  at  the  point  of  sale,  or  in  any  case  before  boarding,  which 
transportation providers will operate each sector of the service. 

14.  In  relation  to  the  transport  of  passengers,  surface  transportation  providers  shall  not  be 
subject  to  laws  and  regulations  governing  air  transport  on  the  sole  basis  that  such  surface 
transportation  is  held  out  by  an  air  carrier  under  its  own  name.  Surface  transportation 
providers  have  the  discretion  to  decide  whether  to  enter  into  cooperative  arrangements.  In 
deciding on any particular arrangement, surface transportation providers may consider, among 
other things, consumer interests and technical, economic, space, and capacity constraints. 

15. Notwithstanding any other provision of this Agreement, air carriers and indirect providers 
of  cargo  transportation  of  the  Parties  shall  be  permitted,  without  restriction,  to  employ  in 
connection with international air transportation any surface transportation for cargo to or from 
any points in the territories of the Parties, or in third countries, including transport to and from 
all  airports  with  customs  facilities,  and  including,  where  applicable,  the  right  to  transport 
cargo in bond under applicable laws and regulations. Such cargo, whether moving by surface 
or by air, shall have access to airport customs processing and facilities. Air carriers may elect 
to perform their own surface transportation or to provide it through arrangements with other 
surface  carriers,  including  surface  transportation  operated  by  other  air  carriers  and  indirect 
providers  of  cargo  air  transportation.  Such  inter-modal  cargo  services  may  be  offered  at  a 

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single, through price for the air and surface transportation combined, provided that shippers 
are not misled as to the facts concerning such transportation. 

Franchising / Branding 

16.  The  air  carriers  of  each  Party  shall  be  entitled  to  enter  into  franchising  or  branding 
arrangements  with  companies,  including  air  carriers,  of  either  Party  or  third  countries, 
provided that the air carriers hold the appropriate authority and meet the conditions prescribed 
under  the  laws  and  regulations  normally  applied  by  the  Parties  to  such  arrangements, 
including those related to Articles 7 (Safety) and 8 (Aviation Security) of this Agreement. 

Leasing 

17.  The  air  carriers  of  each  Party  may,  in  accordance  with  the  laws  and  regulations  of  the 
Parties involved, enter into arrangements for the provision of aircraft with or without crew for 
international air transportation with: 

(a) 

(b) 

any air carriers or air carriers of the Parties; and 

any air carriers or air carriers of a third country; 

provided that all participants in such arrangements hold the appropriate authority and meet the 
conditions prescribed under the laws and regulations normally applied by the Parties to such 
arrangements. Neither Party shall require the air carrier providing the aircraft to hold traffic 
rights under this Agreement for the routes on which the aircraft will be operated. The Parties 
may require these arrangements to be approved by their competent authorities. Where a Party 
requires  such  approval,  it  shall  minimise  the  administrative  burdens  for  air  carriers  of  the 
approval procedures. 

Article 10 

Inward Investment 

Each  Party  shall  permit  nationals  of  the  other  Party  to  own  and  control  up  to  49%  of  the 
voting interests of their air carriers. 

Article 11 

Customs duties and charges 

1. On arriving in the territory of one Party, aircraft operated in international air transportation 
by  the  air  carriers  of  the  other  Party,  their  regular  equipment,  ground  equipment,  fuel, 
lubricants,  consumable  technical  supplies,  spare  parts  (including  engines),  aircraft  stores 
(including  but  not  limited  to  such  items  of  food,  beverages  and  liquor,  tobacco  and  other 
products  destined  for  sale  to  or  use  by  passengers  in  limited  quantities  during  flight),  and 
other items intended for or used solely in connection with the operation or servicing of aircraft 
engaged in international air transportation shall be exempt, on the basis of reciprocity, from 
all  import  restrictions,  property  taxes  and  capital  levies,  customs  duties,  excise  taxes,  and 
similar fees and charges that are imposed by the national, state and/or local authorities of both 
Parties, and are not based on the cost of services provided, provided that such equipment and 
supplies remain on board the aircraft. 

2. There shall also be exempt, on the basis of reciprocity, from the taxes, levies, duties, fees 
and charges referred to in paragraph 1 of this Article, with the exception of charges based on 
the cost of the service provided: 

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(a) 

(b) 

(c) 

(d) 

aircraft stores introduced into or supplied in the territory of a Party and taken 
on board, within reasonable limits, for use on outbound aircraft of an air carrier 
of the other Party engaged in international air transportation, even when these 
stores are to be used on a part of the journey performed over the territory of the 
Party in which they are taken on board; 

ground  equipment  and  spare  parts  (including  engines)  introduced  into  the 
territory of a Party for the servicing, maintenance, or repair of aircraft of an air 
carrier of the other Party used in international air transportation; 

fuel, lubricants and consumable technical supplies introduced into or supplied 
in  the  territory  of  a  Party  for  use  in  an  aircraft  of  an  air  carrier  of  the  other 
Party engaged in international air transportation, even when these supplies are 
to be used on a part of the journey performed over the territory of the Party in 
which they are taken on board; and 

printed matter, including free publicity material, as provided for by the customs 
legislation  of  each  Party,  introduced  into  or  supplied  in  the  territory  of  one 
Party and taken on board for use on outbound aircraft of an air carrier of the 
other Party engaged in international air transportation, even when these stores 
are to be used on a part of the journey performed over the territory of the Party 
in which they are taken on board. 

3.  Notwithstanding  any  other  provision  to  the  contrary,  nothing  in  this  Agreement  shall 
prevent  a  Party  from  imposing  taxes,  levies,  duties,  fees  or  charges  on  fuel  supplied  in  its 
territory  on  a  non-discriminatory  basis  for  use  in  an  aircraft  of  an  air  carrier  that  operates 
between two points in its territory. 

4. Equipment and supplies referred to in paragraphs 1 and 2 of this Article may be required to 
be kept under the supervision or control of the appropriate authorities. 

5. The exemptions provided by this Article shall also be available where the air carriers of one 
Party have contracted with another air carrier, which similarly enjoys such exemptions from 
the other Party, for the loan or transfer in the territory of the other Party of the items specified 
in paragraphs 1 and 2 of this Article. 

6.  Nothing  in  this  Agreement  shall  prevent  either  Party  from  imposing  taxes,  levies,  duties, 
fees or charges on goods sold, other than for consumption, on board to passengers during a 
sector  of  an  air  service  between  two  points  within  its  territory  at  which  embarkation  or 
disembarkation is permitted. 

7. If necessary in order to ensure compliance with the provisions of paragraphs 1 and 2 of this 
Article, a Party may request the assistance of the other Party, on behalf of its air carrier or air 
carriers, in securing an exemption from taxes, duties, charges and fees imposed by State and 
local governments or authorities on the goods specified in paragraphs 1 and 2 of this Article, 
as well as from fuel through-put charges, in the circumstances described in this Article, except 
to  the  extent  that  the  charges  are  based  on  the  cost  of  providing  the  service.  In  response  to 
such a request, the other Party shall bring the views of the requesting Party to the attention of 
the relevant governmental unit or authority and, if necessary, take appropriate action to ensure 
the proper application of the provisions of paragraphs 1 and 2 of this Article. 

8.  Baggage  and  cargo  in  direct  transit  across  the  territory  of  a  Party  shall  be  exempt  from 
taxes,  customs  duties,  fees  and  other  similar  charges  that  are  not  based  on  the  cost  of  the 
service provided. 

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9. The regular airborne equipment, as well as the materials and supplies normally retained on 
board the aircraft of an air carrier air carrier of either Party, may be unloaded in the territory 
of the other Party only with the approval of the customs authorities of that territory. In such 
case, they may be placed under the supervision of the said authorities up to such time as they 
are re-exported or otherwise disposed of in accordance with customs regulations. 

10. The stipulations of this Agreement shall not affect the field of VAT, with the exception of 
such tax on imports. The provisions of existing conventions in force between a Member State 
and Brazil for the avoidance of double taxation on income and on capital shall be unaffected 
by this Agreement. 

Article 12 

User charges 

1. User charges that may be imposed by the competent charging authorities or bodies of each 
Party on the air carriers of the other Party shall be just, reasonable and not discriminatory. In 
any  event,  any  such  user  charges  shall  be  assessed  on  the  air  carriers  of  the  other  Party  on 
terms not less favourable than the most favourable terms available to any other air carrier at 
the time the charges are assessed. 

2. User charges imposed on the air carriers of the other Party shall be transparent and shall not 
exceed,  the  full  cost  to  the  competent  charging  authorities  or  bodies  of  providing  the 
appropriate airport, airport environmental, air navigation, and aviation security facilities and 
services  at  the  airport  or  within  the  airport  system.  Such  charges  may  include  a  reasonable 
return on assets, after depreciation. Facilities and services for which charges are made shall be 
provided on an efficient and economic basis. 

3.  Each  Party  shall  encourage  consultations  between  the  competent  charging  authorities  or 
bodies  in  its  territory  and  the  air  carriers  using  the  services  and  facilities.  Each  Party  shall 
encourage the competent charging authorities or bodies and the air carriers to exchange such 
information  as  may  be  necessary  to  permit  an  accurate  review  of  the  reasonableness  of  the 
charges  in  accordance  with  the  principles  of  paragraphs  1  and  2  of  this  Article.  Competent 
charging authorities shall provide users with reasonable notice of any proposal for changes in 
user charges to enable users to express their views and provide comments before any changes 
are made. 

Article 13 

Tariffs 

1. The Parties shall permit tariffs to be freely established by the air carriers on the basis of free 
and undistorted competition. 

2.  Either  Party  may  require,  on  a  non-discriminatory  basis,  notification  to  its  aeronautical 
authorities of tariffs offered for  services originating from its territory by air carriers of both 
Parties on a simplified basis and for information purposes only. Such notification by the air 
carriers may be required to be made no earlier than the initial offering of a tariff.  

3.  Discussions  between  the  aeronautical  authorities  of  the  Parties  may  be  held  to  discuss 
matters such as, but not limited to, the requirements and procedures for notification of tariffs 
and tariffs which may be unjust, unreasonable or discriminatory. 

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Article 14 

Statistics 

1. The aeronautical authorities of one Party may require from the aeronautical authorities of 
the  other  Party  to  provide  available  statistics  related  to  the  traffic  carried  on  services 
performed  under  this  Agreement  to  be  provided,  as  required  by  domestic  laws  and 
regulations, on a non-discriminatory basis, and as may reasonably be required.  

2.  The  Parties  shall  cooperate  in  the  framework  of  the  Joint  Committee  to  facilitate  the 
exchange  of  statistical  information  between  them  for  the  purpose  of  monitoring  the 
development of the air services. 

Article 15 

Competitive Framework 

1.  Each  Party  shall  allow  a  fair  and  equal  opportunity  for  the  air  carriers  of  both  Parties  to 
compete  in  providing  the  air  transportation  governed  by  this  Agreement.  The  competition 
laws  of  each  Party,  as  amended  from  time  to  time,  shall  apply  to  the  operation  of  the  air 
carriers  within  the  jurisdiction  of  the  respective  Party.  The  Parties  share  the  objective  of 
compatibility  and  convergence  of  competition  law  and  will  cooperate  as  appropriate  and 
where relevant on application of competition law. 

2.  The  Parties  affirm  that  free  and  undistorted  competition  is  important  to  promote  the 
objectives  of  this  Agreement  and  note  that  the  sound  and  effective  enforcement  of  their 
competition  laws  contributes  to  the  efficient  functioning  of  the  provision  of  air  transport 
services between the Parties. The Parties recognise that cooperation and coordination between 
the  competition  authorities  of  the  Parties  serves  to  promote  competition  and  effective 
resolution of competition concerns and serves to lessen the possibility or minimise the impact 
of differences in the application of their competition laws.  

3. Each Party shall ensure that airports, airways, air traffic control and air navigation services, 
aviation security, and other related facilities and services that are provided in its territory shall 
be available for use by the air carriers of the other Party on a non-discriminatory basis. 

4. The Parties recognise that government subsidies and support may adversely affect the fair 
and  equal  opportunity  of  air  carriers  to  compete  in  providing  the  international  air 
transportation  governed  by  this  Agreement.  Without  limitation,  it  may  include  capital 
injections, cross subsidisation, grants, guarantees, relief or tax exemption, protection against 
bankruptcy, or insurance, by any government entities.  

5.  If  one  Party  finds  that  its  air  carriers  are  being  subjected  to  discrimination  or  unfair 
practices of the other Party, or that a subsidy or support being considered or provided by the 
other Party would adversely affect or is adversely affecting the fair and equal opportunity of 
the  air  carriers  of  the  first  Party  to  compete  in  an  undistorted  manner,  it  may  submit 
observations to the other Party. Furthermore, either Party may request a meeting of the Joint 
Committee in such instances, as provided for in Article 21 (Joint Committee) to consider the 
issue. 

6. If, following consultations in the Joint Committee, either Party believes that the conditions 
referred to in paragraph 5 persist and are likely to result in irreparable harm being caused to 
its air carrier or air carriers, it may take action in compliance with the procedures and criteria 
established by the Joint Committee under Article 21 (Joint Committee). Any such action shall 
be  appropriate,  proportionate  and  restricted  with  regard  to  scope  and  duration  to  what  is 

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strictly  necessary.  It  shall  be  exclusively  directed  towards  the  air  carrier  or  air  carriers 
benefiting from the conditions referred to in paragraph 5, and shall be without prejudice to the 
right of either Party to take action under Article 22 (Settlement of Disputes). 

7. In undertaking the discussions described in paragraphs 5 and 6 above, the Parties shall: 

(a) 

(b) 

(c) 

coordinate their actions with the relevant authorities;  

consider  alternative  means  which  might  also  achieve  the  objectives  of  action 
consistent with general competition and consumer law; and 

take into account the views of the other Party and the other Party’s obligations 
under other international agreements. 

8. Notwithstanding anything in paragraphs 1 to 7 above, nothing in this Article shall limit the 
authority  of  the  competition  authorities  of  either  Party,  and  all  matters  relating  to  the 
enforcement of competition law shall be under the exclusive competence of those authorities. 

Article 16 

Environment 

1.  The  Parties  support  the  need  to  protect  the  environment  by  promoting  the  sustainable 
development of aviation. The Parties intend to work together to identify issues related to the 
impacts of international aviation on the environment.  

2.  The  Parties  recognise  the  importance  of  working  together,  to  consider  and  minimise  the 
effects of aviation on the environment, and to ensure that any measure is fully consistent with 
the objectives of this Agreement. 

3.  The  Parties  endorse  and  should  encourage  the  exchange  of  information  and  regular 
dialogue  among  experts  to  enhance  cooperation  on  addressing  international  aviation 
environmental impacts including: 

(a) 

(b) 

(c) 

(d) 

(e) 

on research and development of environmentally-friendly aviation technology; 

in air traffic management innovation with a view to reducing the environmental 
impacts of aviation; 

on research and development of renewable fuels for aviation; 

exchange  of  views  on  issues  dealing  with  the  environmental  effects  of 
international aviation; and 

in noise monitoring and mitigation measures with a view to reducing the health 
and environmental impacts of aviation. 

4.  The  Parties  shall  also,  in  compliance  with  their  multilateral  environmental  rights  and 
obligations,  enhance  cooperation,  including  financial  and  technological,  in  relation  to 
measures aimed at addressing greenhouse gas emissions from international aviation. 

5.  Nothing  in  this  Agreement  shall  be  construed  to  limit  the  authority  of  the  competent 
authorities  of  a  Party  to  take  appropriate  measures  to  prevent  or  otherwise  address  the 
environmental impacts of air transport, provided that such measures are fully consistent with 
their rights and obligations under international law. 

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Article 17 

Air Traffic Management 

The  Parties  shall  cooperate  in  effectively  addressing  safety  oversight  and  policy  issues 
relating  to  air  traffic  management,  with  a  view  to  optimising  overall  flight  efficiency, 
reducing  costs,  and  enhancing  the  safety  and  capacity  of  the  existing  systems.  The  Parties 
shall encourage their civil aviation authorities and air navigation service providers to continue 
to collaborate on regulatory issues and interoperability to further integrate both sides' systems 
where  possible,  to  reduce  the  environmental  impact  of  aviation,  and  to  share  information 
where appropriate. 

Article 18 

Consumer protection 

1. The Parties affirm the importance of protecting the interests of consumers. 

2. The Parties recognise the importance of promoting mutual cooperation in this area and of 
avoiding the imposition of incompatible requirements on air carriers. To this end the Parties 
shall consult each other within the framework of the Joint Committee on future developments 
and regulatory proposals in this area. 

Article 19 

Labour Issues 

1.  The  Parties  recognise  the  importance  of  considering  the  effects  of  this  Agreement  on 
labour,  employment  and  working  conditions.  The  Parties  undertake  to  cooperate  on  labour 
matters within the scope of this agreement. 

2.  The  Parties  recognise  the  importance  of  the  benefits  that  arise  when  the  significant 
economic gains from open and competitive markets are combined with high labour standards 
for employees. The Parties shall implement the provisions of the Agreement in a manner that 
contributes to high labour standards, irrespective of the ownership or nature of the companies 
concerned, and to ensure that the rights and principles contained in their respective laws are 
not undermined. 

3. Either Party may request a meeting of the Joint Committee to address labour issues that the 
requesting Party identifies as significant. 

Article 20 

Computer reservation systems 

1. Computer reservation systems (CRS) vendors operating in the territory of one Party shall 
be entitled to bring in, maintain, and make freely available their CRSs to travel agencies or 
travel companies whose principal business is the distribution of travel related products in the 
territory  of  the  other  Party  provided  the  CRS  complies  with  any  relevant  regulatory 
requirements of the other Party. 

2. Neither Party shall, in its territory, impose or permit to be imposed on the CRS vendors of 
the other Party more stringent requirements with respect to CRS displays (including edit and 
display parameters), operations, practices, sales, or ownership than those imposed on its own 
CRS vendors. 

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3.  Owners/operators  of  CRSs  of  one  Party  that  comply  with  the  relevant  regulatory 
requirements of the other Party, if any, shall have the same opportunity to own CRSs within 
the territory of the other Party as do owners/operators of that Party. 

Article 21 

The Joint Committee 

1.  A  Joint  Committee  composed  of  representatives  of  both  Parties  shall  be  responsible  for 
overseeing the administration of this Agreement and shall ensure its proper implementation. 
The Joint Committee shall meet as and when necessary and at least on an annual basis. Either 
Party may request the convening of a meeting.  

2. The Joint Committee shall decide its rules of procedures. 

3. The Joint Committee shall operate, and take decisions, on the basis of consensus. 

4.  A  Party  may  request  a  meeting  of  the  Joint  Committee  to  seek  to  resolve  any  question 
relating to the interpretation or application of this Agreement. Such a meeting shall begin at 
the earliest possible date, and not later than two months from the date of receipt of the request, 
unless otherwise agreed by the Parties. 

5.  The  Joint  Committee  shall  make  recommendations  and  take  decisions  where  expressly 
provided  by  this  Agreement  and,  in  particular,  establishing  the  procedures  and  criteria 
referred to in paragraph 6 of Article 15 (Competitive Framework);  

6. The Joint Committee shall also develop cooperation, in particular by, but not limited to: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

reviewing market conditions affecting air services under this Agreement; 

addressing  and  as  far  as  possible  effectively  resolve  "doing  business"  issues 
that  may,  inter  alia,  hamper  market  access  and  smooth  operation  of  services 
under  this  agreement  as  a  means  to  ensure  a  level  playing  field,  regulatory 
convergence and minimising the regulatory burden of operating air services; 

exchanging information, including advising as to changes to domestic law and 
policies which might affect the air services under this Agreement; 

fostering expert-level exchanges on new legislative or regulatory initiatives and 
developments on matters covered by this Agreement, such as the environment 
or consumer protection with a view to achieving compatibility in approaches to 
the extent possible; 

considering  potential  areas  for  the  further  development  of  this  Agreement, 
including the recommendation of amendments to this Agreement; 

discussing issues related to investment, ownership and control;  

developing  regulatory  cooperation  and  mutual  commitment  to  achieve 
reciprocal recognition and convergence of rules and measures; 

fostering consultation, where appropriate, on air transport issues dealt with in 
international organisations, in relations with third countries and in multilateral 
arrangements,  including  consideration  of  whether  to  adopt  a  joint  approach; 
and 

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(i) 

facilitating  the  exchange  of  statistical  information  between  them  for  the 
purpose of monitoring the development of air services under this Agreement. 

7. Where a Party is developing or implementing aviation policy measures or other measures 
that may have a significant impact on aviation, it shall evaluate the possible effects of those 
measures on the rights contained in this Agreement. Either Party may request a meeting of the 
Joint Committee to discuss the possible effects of aviation policy measures or other measures 
that  may  have  a  significant  impact  on  aviation  and  to  recommend  appropriate  steps  to  be 
taken  by  the  Parties  in  respect  to  the  rights  contained  in  this  Agreement.  If  such  measures 
have  adverse  effects,  the  Joint  Committee  shall  take  appropriate  steps,  within  its  remit,  to 
minimise such adverse effects. 

8.  This  Agreement  shall  not  preclude  cooperation  and  discussions  between  responsible 
authorities  of  the  Parties  outside  the  Joint  Committee,  including  in  the  fields  of  security, 
safety,  the  environment,  air  traffic  management,  aviation  infrastructure,  competition  and 
consumer  protection.  The  Parties  shall  inform  the  Joint  Committee  of  the  outcome  of  such 
cooperation  and  discussions  which  may  have  an  impact  on  the  implementation  of  this 
Agreement. 

Article 22 

Settlement of disputes 

Any dispute relating to the application or interpretation of this Agreement, other than issues 
arising  under  Article  15,  that  is  not  resolved  by  a  meeting  of  the  Joint  Committee  may  be 
settled  through  diplomatic  channels  and,  if  persisting,  be  referred  to  a  person  or  body  for 
decision by agreement of the Parties (Mediation). If the Parties do not so agree, the dispute 
shall, at the request of either Party, be submitted to arbitration in accordance with procedures 
to be agreed by the Parties. 

Article 23 

Relationship to other agreements 

1.  Upon  entry  into  force  pursuant  to  Article  27  of  this  Agreement,  this  Agreement  shall 
prevail  over  the  relevant  provisions  of  bilateral  agreements  listed  in  section  1  of  Annex  II, 
except to the extent provided in section 2 of Annex II. 

2. If the Parties become parties to a multilateral agreement, or endorse a decision adopted by 
the  International  Civil  Aviation  Organization  or  another  international  organisation,  that 
addresses  matters  covered  by  this  Agreement,  they  shall  consult  in  the  Joint  Committee  to 
determine whether this Agreement should be revised to take into account such developments. 

Article 24 

Amendment 

Any  amendment  to  this  Agreement  may  be  mutually  determined  by  the  Parties  pursuant  to 
consultations  held  in  conformity  with  Article  21  (Joint  Committee)  of  this  Agreement. 
Amendments shall come into force in accordance with the terms set out in Article 27 (Entry 
into Force).  

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Article 25 

Termination 

Either Party may, at any time, give notice in writing through diplomatic channels to the other 
Party of its decision to terminate this Agreement. Such notice shall be sent simultaneously to 
the  International  Civil  Aviation  Organization.  This  Agreement  shall  terminate  at  midnight 
GMT at the end of the International Air Transport Association (IATA) traffic season in effect 
one  year  following  the  date  of  written  notification  of  termination,  unless  the  notice  is 
withdrawn by agreement of the Parties before the end of this period. 

Article 26 

Registration of the Agreement 

This  Agreement  and  all  amendments  thereto  shall  be  registered  with  the  International  Civil 
Aviation  Organization  and  with  the  United  Nations  Secretariat,  in  accordance  with  Article 
102 of the Charter of the United Nations, following its entry into force. 

Article 27 

Entry into force 

This Agreement and any amendments thereto shall enter into force one month after the date of 
the  later  note  in  an  exchange  of  diplomatic  notes  between  the  Parties  confirming  that  all 
necessary  procedures  for  entry  into  force  of  this  Agreement  have  been  completed.  For 
purposes of this exchange, Brazil shall deliver to the European Union the diplomatic note to 
the  European  Union  and  its  Member  States,  and  the  European  Union  shall  deliver  to  Brazil 
the diplomatic note or notes from the European Union and its Member States. The diplomatic 
note or notes from the European Union and its Member States shall contain communications 
from each Member State confirming that its necessary procedures for entry into force of this 
Agreement have been completed. 

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

Done at […] on […] in the year […], in duplicate, 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, 
each text being equally authentic. 

For the Federative Republic of Brazil 

For the European Union 

For Austria 

For Belgium 

For Bulgaria 

Etc. 

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ANNEX I 

ROUTE SCHEDULE 

1. 
For  the  purposes  of  paragraph  1  (c)  of  Article  2  and  Section  2  of  Annex  II  of  this 
Agreement, each Party shall permit the air carriers of the other Party to operate on the routes 
specified hereunder: 

(a) 

for air carriers of the European Union: 

Points Behind – Points in the territory of the European Union and its Member States 
–Intermediate Points – Points in Brazil – Points Beyond 

(b) 

for air carriers of Brazil: 

Points Behind – Points in Brazil – Intermediate Points – Points in the territory of the 
European Union and its Member States – Points Beyond 

TRAFFIC RIGHTS 

Each Party shall grant the air carriers of the other Party the following traffic rights on 

2. 
the routes specified: 

Scheduled and non-scheduled combination services: 

-  for  air  carriers  of  Brazil:  the  right  to  provide  international  air  transportation  between  any 
points in Brazil and any points in the territory of the European Union and its Member States 

-  for  air  carriers  of  the  European  Union:  the right  to  provide  international  air  transportation 
between  any  points  in  the  territory  of  the  European  Union  and  its  Member  States  and  any 
points in Brazil 

Nothing in this paragraph shall be deemed to confer on the air carriers of Brazil the right to 
take on board, in the territory of one Member State, passengers, baggage, cargo, and/or mail 
carried for compensation and destined for a point in the territory of another Member State; 

All-cargo services: 

-  for  air  carriers  of  Brazil:  the  right  to  provide  international  air  transportation  between  any 
points in Brazil and any points in the territory of the European Union and its Member States 
with  unlimited  traffic  rights  through  intermediate  points  and/or  to  beyond  points  (fifth 
freedom rights) 

-  for  air  carriers  of  the  European  Union:  the right  to  provide  international  air  transportation 
between  any  points  in  the  territory  of  the  European  Union  and  its  Member  States  and  any 
points  in  Brazil  with  unlimited  traffic  rights  through  intermediate  and/or  to  beyond  points 
(fifth freedom rights). 

When operating all-cargo services, the air carriers of the Parties may omit calling at any of the 
above  points  provided  that  the  agreed  services  on  the  route  begin  or  terminate  in  their 
respective territories. 

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OPERATIONAL FLEXIBILITY 

Air carriers of both Parties may on any or all flights and at their option on the routes 

3. 
specified: 

(a) 

(b) 

(c) 

operate flights in either or both directions; 

combine different flight numbers within one aircraft operation; 

serve intermediate and beyond points, as specified in paragraphs 1 and 2 of this 
Annex,  and  within  the  scope  of  cooperative  marketing  arrangements  as 
specified  in  paragraph  9  of  Article  9  of  this  Agreement,  and  points  in  the 
territories of the Parties in any combination and in any order; 

(d) 

omit stops at any point or points; 

(e) 

(f) 

(g) 

(h) 

(i) 

transfer traffic from any of its aircraft to any of its other aircraft at any point 
(change of gauge); 

make stopovers at any points whether within or outside the territory of either 
Party; 

carry transit traffic through the other Party’s territory; 

combine traffic on the same aircraft regardless of where such traffic originates;  

serve more than one point on the same service (co-terminalisation) 

without  directional  or  geographic  limitation  and  without  loss  of  any  right  to  carry  traffic 
otherwise permissible under this Agreement, provided that the services begin or terminate in 
their respective territories. 

Each Party shall allow each air carrier to determine the frequency and capacity of the 
4. 
international  air  transportation  it  offers  based  upon  commercial  considerations  in  the 
marketplace.  Consistent  with  this  right,  neither  Party  shall  unilaterally  limit  the  volume  of 
traffic,  frequency  or  regularity  of  service,  or  the  aircraft  type  or  types  operated  by  the  air 
carriers of the other Party. 

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ANNEX II 

BILATERAL AIR SERVICES AGREEMENTS 

Section 1 

As provided in Article 23 of this Agreement, this Agreement shall prevail over the relevant 
provisions of the following bilateral agreements between Brazil and Member States: 

(a) 

Air service agreements between the Federative Republic of Brazil and Member 
States  of  the  European  Union,  as  amended,  modified  or  effectively  replaced, 
which, at the date of signature of this Agreement, are in force or in effect: 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

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, 

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, 

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, 

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, 

Agreement between the French Republic and the Federative Republic of Brazil 
signed in Paris on 29 October 1965 related to air transport, 

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, 

Agreement  between  Italy  and  the  United  States  of  Brazil  on  scheduled  air 
services signed in Rome on 23 January 1951, 

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 1976, 

Air  Services  Agreement  between  the  Portuguese  Republic  and  the  Federative 
Republic of Brazil signed in Lisbon on 11 November 2002, 

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, 

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– 

(b) 

– 

– 

Agreement  between  the  Government  of  the  United  States  of  Brazil  and  the 
Government  of  the United  Kingdom  of  Great  Britain  and  Northern  Ireland 
concerning air transport done in Rio de Janeiro on 31 October 1946.  

Air service agreements between the Federative Republic of Brazil and Member 
States  of  the  European  Union,  as  amended  or  modified,  which,  at  the  date  of 
signature  of  this  Agreement,  have  been  signed,  but  have  not  yet  entered  into 
force: 

Agreement  between  the  Government  of  the  Kingdom  of  Belgium  and  the 
Government  of  the Federative  Republic  of  Brazil  on  air  services  signed  in 
Brussels on 4 October 2009, 

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. 

Section 2 

Notwithstanding  Section  1  of  this  Annex,  existing  and  new  rights,  including  rights  to  serve 
intermediate  and  beyond  points,  and  more  favourable  provisions  or  treatments  under  the 
above bilateral agreements or other arrangements between Brazil and EU Member States and 
which  are  not  covered,  or  which  are  more  favourable  than,  under  this  Agreement  can  be 
exercised and be agreed, provided that there is no discrimination between air carriers of the 
European Union on the basis of nationality. 

Section 3 

Notwithstanding  Section  1  of  this  Annex,  for  areas  that  are  not  encompassed  within  the 
definition of "Territory" in Article 1 (Definitions) of this Agreement, the bilateral agreements 
listed in Section 1 between Brazil and The Kingdom of Denmark, The French Republic, The 
Kingdom of the Netherlands, and The United Kingdom of Great Britain and Northern Ireland 
respectively shall continue to apply, according to their terms. 

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