CELEX: 52008PC0092(02)
Language: en
Date: 2008-02-21
Title: Proposal for a Council Decision on the signature and provisional application of the Agreement between the European Community and the Republic of Kazakhstan on certain aspects of air services

Important legal notice

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52008PC0092(02)

Proposal for a Council Decision on the signature and provisional application of the Agreement between the European Community and the Republic of Kazakhstan on certain aspects of air services  /* COM/2008/0092 final - CNS 2008/0040 */  

	[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |Brussels, 21.2.2008COM(2008) 92 final2008/0040 (CNS)Proposal for aCOUNCIL DECISIONon the signature and provisional application of the Agreement between the European Community and the Republic of Kazakhstan on certain aspects of air services(PRESENTED BY THE COMMISSION)EXPLANATORY MEMORANDUMCONTEXT OF THE PROPOSAL |110 | 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 agreement[1] (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, tariffs introduced by third country air carriers on intra-Community routes, or obligatory commercial agreements between airlines 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 | Existing provisions in the area of the proposal The provisions of the Agreement supersede or complement the existing provisions in the fifteen bilateral air services agreements between Member States and the Republic of Kazakhstan. |140 | Consistency with the other policies and objectives of the Union The Agreement will serve a fundamental objective of the Community external aviation policy by bringing existing bilateral air services agreements in line with Community law. |CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT |Consultation of interested parties |211 | Consultation methods, main sectors targeted and general profile of respondents Member States as well as the industry were consulted throughout the negotiations. |212 | 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 |305 | Summary of the proposed action In accordance with the mechanisms and directives in the Annex to the ”horizontal mandate”, the Commission has negotiated an agreement with the Republic of Kazakhstan that replaces certain provisions in the existing bilateral air services agreements between Member States and the Republic of Kazakhstan. 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 two 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 (Pricing) resolves conflicts between the existing bilateral air services agreements and Council Regulation No 2409/92 on fares and rates for air services which prohibits third country carriers from being price leaders on air services for carriage wholly within the Community. Article 6 brings provisions in bilateral agreements which are clearly anti-competitive (obligatory commercial agreements between airlines) in line with EU competition law. |310 | Legal basis EC Treaty Art. 80(2), 300(2) |329 | 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 |342 | The Agreement between the Community and the Republic of Kazakhstan is the most efficient instrument to bring all existing bilateral air services agreements between Member States and the Republic of Kazakhstan into conformity with Community law. |BUDGETARY IMPLICATION |409 | The proposal has no implication for the Community budget. |ADDITIONAL INFORMATION |510 | Simplification |511 | The proposal provides for simplification of legislation. |512 | The relevant provisions of bilateral air services agreements between Member States and the Republic of Kazakhstan will be superseded or complemented by provisions in one single Community agreement. |570 | 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 provisional application and on the conclusion of the Agreement between the European Community and the Republic of Kazakhstan on certain aspects of air services and to designate the persons authorised to sign the Agreement on behalf of the Community. |1.  Proposal for aCOUNCIL DECISIONon the signature and provisional application of the Agreement between the European Community and the Republic of Kazakhstan on certain aspects of air servicesTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 80(2) in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,Having regard to the proposal from the Commission[2],Whereas:(1) 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.(2) On behalf of the Community, the Commission has negotiated an Agreement with the Republic of Kazakhstan on certain aspects of air services in accordance with the mechanisms and directives in the Annex to the Council Decision authorising the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.(3) Subject to its possible conclusion at a later date, the Agreement negotiated by the Commission should be signed and provisionally applied.HAS DECIDED AS FOLLOWS:Sole Article1. The President of the Council is hereby authorised to designate the person(s) empowered to sign on behalf of the Community the Agreement between the European Community and the Republic of Kazakhstan on certain aspects of air services subject to its conclusion at a later date.2. Pending its entry into force, the Agreement shall be applied provisionally from the first day of the first month following the date on which the parties have notified each other of the completion of the necessary procedures for this purpose. The President of the Council is hereby authorised to make the notification provided for in Article 9(2) of the Agreement.3. The text of the Agreement is attached to this Decision.Done at Brussels,For the CouncilThe President2008/0040 (CNS)Proposal for aCOUNCIL DECISIONon the conclusion of the Agreement between the European Community and the Republic of Kazakhstan on certain aspects of air servicesTHE 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 Commission[3],Having regard to the opinion of the European Parliament[4],Whereas:(1) 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.(2) On behalf of the Community, the Commission has negotiated an Agreement with the Republic of Kazakhstan on certain aspects of air services 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 was signed on behalf of the Community on […] subject to its possible conclusion at a later date, in conformity with Council Decision …/…/EC of […][5].(4) The Agreement should be approved,HAS DECIDED AS FOLLOWS:Article 11. The Agreement between the European Community and the Republic of Kazakhstan on certain aspects of air services is hereby approved on behalf of the Community.2. The text of the Agreement is attached to this Decision.Article 2The President of the Council is hereby authorised to designate the person(s) empowered to make the notification provided for in Article 9(1) of the Agreement.Done at Brussels,For the CouncilThe PresidentANNEXAGREEMENTbetween the European Community and the Republic of Kazakhstanon certain aspects of air servicesTHE EUROPEAN COMMUNITYof the one part, andthe Republic of Kazakhstanof the other part(hereinafter referred to as ‘the Parties’)NOTING that bilateral air service agreements have been concluded between [several] Member States of the European Community and the Republic of Kazakhstan containing provisions contrary to Community law,NOTING that the European Community has exclusive competence with respect to several aspects that may be included in bilateral air service agreements between Member States of the European Community and third countries,NOTING that under European Community law Community air carriers established in a Member State have the right to non-discriminatory access to air routes between the Member States of the European Community and third countries,HAVING REGARD to the agreements between the European Community and certain third countries providing for the possibility for the nationals of such third countries to acquire ownership in air carriers licensed in accordance with European Community law,RECOGNISING that certain provisions of the bilateral air service agreements between Member States of the European Community and the Republic of Kazakhstan, which are contrary to European Community law, must be brought into conformity with it in order to establish a sound legal basis for air services between the European Community and the Republic of Kazakhstan and to preserve the continuity of such air services,NOTING that provisions of the bilateral air service agreements between Member States of the European Community and the Republic of Kazakhstan, which are not contrary to European Community law, do not need to be amended or replaced,NOTING that it is not a purpose of the European Community, as part of these negotiations, to increase the total volume of air traffic between the European Community and the Republic of Kazakhstan, to affect the balance between Community air carriers and air carriers of the Republic of Kazakhstan, or to negotiate amendments to the provisions of existing bilateral air service agreements concerning traffic rights.NOTING that the bilateral air services agreements listed in Annex 1 are based on the general principle that the designated airlines of the contracting parties shall have fair and equal opportunities in operating the agreed services on the specified routes, and that it is not a purpose of this Agreement to affect this principle;NOTING that under European Community law air carriers may not, in principle, conclude agreements which may affect trade between Member States of the European Community and which have as their object or effect the prevention, restriction or distortion of competition,RECOGNISING that provisions in bilateral air service agreements concluded between Member States of the European Community and the Republic of Kazakhstan which i) require or favour the adoption of agreements between undertakings, decisions by associations of undertakings or concerted practices that prevent, distort or restrict competition between air carriers on the relevant routes; or ii) reinforce the effects of any such agreement, decision or concerted practice; or iii) delegate to air carriers or other private economic operators the responsibility for taking measures that prevent, distort or restrict competition between air carriers on the relevant routes may render ineffective the competition rules applicable to undertakings,HAVE AGREED AS FOLLOWS:ARTICLE 1General provisions1. For the purposes of this Agreement, ‘Member States’ shall mean Member States of the European Community.2. 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.3. 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.4. This Agreement shall not create additional traffic rights beyond those laid down in bilateral arrangements. The granting of traffic rights will continue to be carried out through bilateral arrangements.ARTICLE 2Designation by a Member State1. 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 Republic of Kazakhstan, and the refusal, revocation, suspension or limitation of the authorisations or permissions of the air carrier, respectively.2. On receipt of a designation by a Member State, the Republic of Kazakhstan shall grant the appropriate authorisations and permissions with minimum procedural delay, provided that:i. 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;ii. effective regulatory control of the air carrier is exercised and maintained by the Member State responsible for issuing its Air Operator’s Certificate and the relevant aeronautical authority is clearly identified in the designation; andiii. 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.3. The Republic of Kazakhstan may refuse, revoke, suspend or limit the authorisations or permissions of an air carrier designated by a Member State where:i. the air carrier is not established in the territory of the designating Member State under the Treaty establishing the European Community or does not have a valid Operating Licence in accordance with European Community law;ii. effective regulatory control of the air carrier is not exercised or not maintained by the Member State responsible for issuing its Air Operator’s Certificate, or the relevant aeronautical authority is not clearly identified in the designation; oriii. 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.iv. the air carrier is already authorised to operate under a bilateral agreement between the Republic of Kazakhstan and another Member State of the European Union, andv. Kazakhstan can demonstrate that, by exercising traffic rights on a route that includes a point in that other Member State of the European Union, the air carrier would be circumventing restrictions on the traffic rights imposed by that other agreement referred to in point iv.In exercising its right under this paragraph, the Republic of Kazakhstan shall not discriminate between Community air carriers on the grounds of nationality.ARTICLE 3Safety1. The provisions in paragraph 2 of this Article shall complement the corresponding provisions in the articles listed in Annex II (c).2. Where a Member State has designated an air carrier whose regulatory control is exercised and maintained by another Member State, the rights of the Republic of Kazakhstan under the safety provisions of the agreement between the Member State that has designated the air carrier and the Republic of Kazakhstan shall apply equally in respect of the adoption, exercise or maintenance of safety standards by that other Member State and in respect of the operating authorisation of that air carrier.ARTICLE 4Taxation of aviation fuel1. The provisions in paragraph 2 of this Article shall complement the corresponding provisions in the articles listed in Annex II (d).2. Notwithstanding any other provision to the contrary, nothing in each of the agreements listed in Annex II (d) shall prevent a Member State from imposing, on a non-discriminatory basis, taxes, levies, duties, fees or charges on fuel supplied in its territory for use in an aircraft of a designated air carrier of the Republic of Kazakhstan 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.ARTICLE 5Tariffs for carriage within the European Community1. The provisions in paragraph 2 of this Article shall complement the corresponding provisions in the articles listed in Annex II (e).2. The tariffs to be charged by the air carrier(s) designated by the Republic of Kazakhstan under an agreement listed in Annex I containing a provision listed in Annex II (e) for carriage wholly within the European Community shall be subject to European Community law.ARTICLE 6Compatibility with competition rules1. Notwithstanding any other provision to the contrary, nothing in each of the agreements listed in Annex I shall (i) 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 I that are incompatible with paragraph 1 of this Article shall not be applied.ARTICLE 7Annexes to the AgreementThe Annexes to this Agreement shall form an integral part thereof.ARTICLE 8Revision or amendmentThe Parties may, at any time, revise or amend this Agreement by mutual consent.ARTICLE 9Entry into force and provisional application1. 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.2. 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.3. Agreements and other arrangements between Member States and the Republic of Kazakhstan which, at the date of signature of this Agreement, have not yet entered into force and are not being applied provisionally are listed in Annex 1 (b). This Agreement shall apply to all such Agreements and arrangements upon their entry into force or provisional application.ARTICLE 10Termination1. In the event that an agreement listed in Annex I is terminated, all provisions of this Agreement that relate to the agreement listed in Annex I concerned shall terminate at the same time.2. In the event that all agreements listed in Annex I are terminated, this Agreement shall terminate at the same time.IN WITNESS WHEREOF, the undersigned, being duly authorised, have signed this Agreement.Done at [….] in duplicate, on this […] day of […, …] in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovene, Spanish, Swedish, Kazakh and Russian languages.FOR THE EUROPEAN COMMUNITY: | FOR THE REPUBLIC OF KAZAKHSTAN: |Annex IList of agreements referred to in Article 1 of this Agreement(a) Air service agreements between the Republic of Kazakhstan and Member States of the European Community which, at the date of signature of this Agreement, have been concluded, signed and/or are being applied provisionally-  Air Transport Agreement between the Government of the Republic of Austria and the Government of the Republic of Kazakhstan signed at Almaty on 26 April 1993, hereinafter referred to “Kazakhstan - Austria Agreement” in Annex II;-  Agreement between the Government of the Kingdom of Belgium and the Government of the Republic of Kazakhstan relating to Air Services signed at Brussels on 27 June 2000, hereinafter referred to “Kazakhstan - Belgium Agreement” in Annex 2;-  Agreement between the Government of the Republic of Bulgaria and the Government of the Republic of Kazakhstan relating to Air Services signed at Sofia on 15 September 1999, hereinafter referred to “Kazakhstan - Bulgaria Agreement” in Annex II;-  Air Services Agreement between the Government of the Kingdom of Denmark and the Government of the Republic of Kazakhstan initialled at Almaty on 26 April 1993, hereinafter referred to “Kazakhstan – Denmark Agreement” in Annex II;-  Agreement between the Government of the Republic of Estonia and the Government of the Republic of Kazakhstan relating to Air Services initialled at Astana on 26 April 2001, hereinafter referred to “Kazakhstan - Estonia Agreement” in Annex II;-  Air Services Agreement between the Government of the Republic of Finland and the Government of the Republic of Kazakhstan signed at Almaty on 7 February1996, hereinafter referred to “Kazakhstan - Finland Agreement” in Annex II;-  Air Services Agreement between the Government of the French Republic and the Government of the Republic of Kazakhstan initialled at Paris on 21 October 1994, hereinafter referred to “Kazakhstan – France Agreement” in Annex II;-  Air Transport Agreement between the Government of the Federal Republic of Germany and the Government of the Republic of Kazakhstan signed at Bonn on 15 March 1996, hereinafter referred to “Kazakhstan - Germany Agreement” in Annex II;Last modified by Protocol done at Bonn on 6 and 7 June 2000;-  Air Services Agreement between the Government of the Republic of Hungary and the Government of the Republic of Kazakhstan signed at Almaty on 9 March 1995, hereinafter referred to “Kazakhstan - Hungary Agreement” in Annex II;-  Air Services Agreement between the Government of the Kingdom of the Netherlands and the Government of the Republic of Kazakhstan signed at The Hague on 27 November 2002, hereinafter referred to “Kazakhstan - Netherlands Agreement” in Annex II;-  Air Services Agreement between the Government of the Republic of Latvia and the Government of the Republic of Kazakhstan signed at Almaty on 19.5.1998, hereinafter referred to “Kazakhstan - Latvia Agreement” in Annex II;-  Air Services Agreement between the Government of the Republic of Lithuania and the Government of the Republic of Kazakhstan signed at Vilnius on 21 July 1993, hereinafter referred to “Kazakhstan - Lithuania Agreement” in Annex II;-  Air Services Agreement between the Government of the Republic of Poland and the Government of the Republic of Kazakhstan signed at Warsaw on 27 January 1997, hereinafter referred to “Kazakhstan - Poland Agreement” in Annex II;Last modified by Exchange of Notes on 21 December 1998 and 8 February 1999;-  Air Services Agreement between the Government of the Kingdom of Sweden and the Government of the Republic of Kazakhstan initialled at Almaty on 26 April 1993, hereinafter referred to “Kazakhstan – Sweden Agreement” in Annex II;-  Air Services Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Kazakhstan done at London on 21 March 1994, hereinafter referred to “Kazakhstan – United Kingdom Agreement” in Annex II;Modified by Exchange of Notes on 2 February 1998 and 4 June 1998Last modified by Memorandum of Understanding done at Astana on 29 November 2000;(b) Air service agreements and other arrangements initialled or signed between Kazakhstan and Member States of the European Community which, at the date of signature of this Agreement, have not yet entered into force and are not being applied provisionallyAnnex IIList of articles in the agreements listed in Annex 1 and referred to in Articles 2 to 5 of this Agreement(a) Designation by a Member State:-  Article 4, Paragraph 1 of the Kazakhstan – Bulgaria Agreement;-  Article 3, Paragraph 4 of the Kazakhstan – Denmark Agreement-  Article 3, Paragraph 4 of the Kazakhstan – Estonia Agreement;-  Article 4, Paragraph 3 of the Kazakhstan – France Agreement;-  Article 3, Paragraph 5 of the Kazakhstan – Hungary Agreement;-  Article 3, Paragraph 5 of the Kazakhstan – Netherlands Agreement;-  Article 4, Paragraph 5 of the Kazakhstan – Latvia Agreement;-  Article 4, Paragraph 5 of the Kazakhstan – Lithuania Agreement;-  Article 3, Paragraph 5 of the Kazakhstan – Poland Agreement;-  Article 3, Paragraph 4 of the Kazakhstan – Sweden Agreement;-  Article 4, Paragraph 4 of the Kazakhstan – United Kingdom Agreement;(b) Refusal, Revocation, Suspension or Limitation of Authorisations or Permissions:-  Article 5, Paragraph 1 d of the Kazakhstan – Belgium Agreement;-  Article 5, Paragraph 1 a of the Kazakhstan – Bulgaria Agreement;-  Article 4, Paragraph 1 a of the Kazakhstan – Denmark Agreement;-  Article 4, Paragraph 1 a of the Kazakhstan – Estonia Agreement;-  Article 5, Paragraph 1 of the Kazakhstan – France Agreement;-  Article 4, Paragraph 1 a of the Kazakhstan – Finland Agreement;-  Article 4, Paragraph 1 a of the Kazakhstan – Hungary Agreement;-  Article 4, Paragraph 1 a of the Kazakhstan – Netherlands Agreement;-  Article 5, Paragraph 1 a of the Kazakhstan - Latvia Agreement;-  Article 5, Paragraph 1 a of the Kazakhstan – Lithuania Agreement;-  Article 4, Paragraph 1 a of the Kazakhstan – Poland Agreement;-  Article 4, Paragraph 1 a of the Kazakhstan – Sweden Agreement;-  Article 5, Paragraph 1 a of the Kazakhstan – United Kingdom Agreement;(c) Safety:-  Article 7 of the Kazakhstan – Belgium Agreement;-  Article 6 of the Kazakhstan – Estonia Agreement;-  Article 9 of the Kazakhstan – France Agreement;-  Article 7 of the Kazakhstan – Hungary Agreement,-  Article 11 of the Kazakhstan – Netherlands Agreement;-  Article 8 of the Kazakhstan – Latvia Agreement;-  Article 8 of the Kazakhstan – Lithuania Agreement;-  Article 7 of the Kazakhstan – Poland Agreement;(d) Taxation of Aviation Fuel:-  Article 10 of the Kazakhstan – Belgium Agreement;-  Article 17 of the Kazakhstan – Bulgaria Agreement;-  Article 6 of the Kazakhstan – Denmark Agreement;-  Article 8 of the Kazakhstan – Estonia Agreement;-  Article 11 of the Kazakhstan – France Agreement;-  Article 6 of the Kazakhstan – Finland Agreement;-  Article 8 of the Kazakhstan – Hungary Agreement;-  Article 6 of the Kazakhstan – Germany Agreement;-  Article 8 of the Kazakhstan –Netherlands Agreement;-  Article 12 of the Kazakhstan – Latvia Agreement;-  Article 12 of the Kazakhstan – Lithuania Agreement;-  Article 8 of the Kazakhstan - Poland Agreement;-  Article 6 of the Kazakhstan – Sweden Agreement;-  Article 8 of the Kazakhstan – United Kingdom Agreement(e) Tariffs for Carriage within the European Community:-  Article 13 of the Kazakhstan – Belgium Agreement;-  Article 11 of the Kazakhstan – Bulgaria Agreement;-  Article 11 of the Kazakhstan – Denmark Agreement;-  Article 13 of the Kazakhstan – Estonia Agreement;-  Article 11 of the Kazakhstan – Finland Agreement;-  Article 17 of the Kazakhstan – France Agreement;-  Article 10 of the Kazakhstan – Germany Agreement;-  Article 11 of the Kazakhstan – Hungary Agreement;-  Article 12 of the Kazakhstan – Netherlands Agreement;-  Article 11 of the Kazakhstan – Latvia Agreement;-  Article 11 of the Kazakhstan – Lithuania Agreement;-  Article 11 of the Kazakhstan – Poland Agreement;-  Article 11 of the Kazakhstan – Sweden Agreement;-  Article 7 of the Kazakhstan – United Kingdom Agreement;ANNEX IIIList 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) [1] Council Decision 11323/03 of 5 June 2003 (restricted document)[2] OJ C , , p. .[3] OJ C , , p. .[4] OJ C , , p. .[5] OJ C , , p. .