CELEX: 
Language: en
Date: 2008-02-01 00:00:00
Title: 2008/87/EC: Council Decision of 30 October 2007 on the signing and provisional application of the Agreement between the European Community and the United Arab Emirates on certain aspects of air services# Agreement between the European Community and the United Arab Emirates on certain aspects of air services

1.2.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               L 28/20
            
         
      COUNCIL DECISION
   
   of 30 October 2007
   on the signing and provisional application of the Agreement between the European Community and the United Arab Emirates on certain aspects of air services
   (2008/87/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 80(2) in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   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 United Arab Emirates 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 should be signed and provisionally applied, subject to its conclusion at a later date,
            
         HAS DECIDED AS FOLLOWS:
   Article 1
   The signing of the Agreement between the European Community and the United Arab Emirates on certain aspects of air services is hereby approved on behalf of the Community, subject to the conclusion of the said Agreement.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Community subject to its conclusion.
   Article 3
   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 Contracting Parties have notified each other of the completion of the necessary procedures for this purpose.
   Article 4
   The President of the Council is hereby authorised to make the notification provided for in Article 9(2) of the Agreement.
   
      Done at Luxembourg, 30 October 2007.
      
         
            For the Council
         
         
            The President
         
         F. NUNES CORREIA
         
      
   
   
      
         AGREEMENT
      
      between the European Community and the United Arab Emirates on certain aspects of air services
      THE EUROPEAN COMMUNITY
      of the one part, and
      THE UNITED ARAB EMIRATES
      of the other part
      (hereinafter referred to as the Contracting Parties)
      NOTING that the European Court of Justice has found that certain provisions of bilateral agreements entered into by several Member States with third countries are incompatible with European Community law,
      NOTING that a number of bilateral air services agreements have been concluded between several Member States of the European Community and the United Arab Emirates containing similar provisions and that there is an obligation on Member States to take all appropriate steps to eliminate incompatibilities between such agreements and the Treaty establishing the European Community,
      NOTING that the European Community has exclusive competence with respect to several aspects that may be included in bilateral air services 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 agreed air routes between the Member States of the European Community and third countries,
      HAVING REGARD to the agreements between the European Community and certain third countries providing for the possibility for the nationals of such third countries to acquire ownership in air carriers licensed in accordance with European Community law,
      RECOGNISING that consistency between European Community law and provisions of bilateral air services agreements between Member States of the European Community and the United Arab Emirates will provide a sound legal basis for air services between the European Community and the United Arab Emirates and preserve the continuity and development of such air services,
      NOTING that under European Community law air carriers may not, in principle, conclude agreements which may affect trade between Member States of the European Community and which have as their object or effect the prevention, restriction or distortion of competition,
      RECOGNISING that provisions in bilateral air services agreements concluded between Member States of the European Community and the United Arab Emirates which (i) require or favour the adoption of agreements between undertakings, decisions by associations of undertakings or concerted practices that prevent, distort or restrict competition between air carriers on the relevant routes; or (ii) reinforce the effects of any such agreement, decision or concerted practice; or (iii) delegate to air carriers or other private economic operators the responsibility for taking measures that prevent, distort or restrict competition between air carriers on the relevant routes may render ineffective the competition rules applicable to undertakings,
      NOTING that it is not a purpose of the European Community, as part of this Agreement, to increase the total volume of air traffic between the European Community and the United Arab Emirates, to affect the balance between Community air carriers and air carriers of the United Arab Emirates, or to prevail over the interpretation of the provisions of existing bilateral air services agreements concerning traffic rights,
      HAVE AGREED AS FOLLOWS:
      Article 1
      General provisions
      1.   For the purposes of this Agreement, ‘Member States’ shall mean Member States of the European Community, ‘Contracting Party’ shall mean a contracting Party to this Agreement; ‘Party’ shall mean the party to the relevant bilateral air services agreement.
      2.   References in each of the agreements listed in Annex I 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 I to air carriers or airlines of the Member State that is a party to that agreement shall be understood as referring to air carriers or airlines designated by that Member State.
      Article 2
      Designation
      1.   The provisions in paragraphs 2 and 3 of this Article shall supersede the corresponding provisions in the articles listed in Annex II(a) and (b) respectively, in relation to the designation of an air carrier by the Party concerned, its authorisations and permissions granted by the other Party, and the refusal, revocation, suspension or limitation of the authorisations or permissions of the air carrier, respectively.
      2.   On receipt of such a designation, and of applications from the designated air carrier(s), in the form and manner prescribed for operating authorisations and technical permissions, each Party shall grant the appropriate authorisations and permissions with minimum procedural delay, provided that:
      
                  (a)
               
               
                  in the case of an air carrier designated by a Member State:
                  
                              (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 granted by a Member State in accordance with European Community law; and
                           
                        
                              (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; and
                           
                        
                              (iii)
                           
                           
                              the air carrier has its principal place of business in the territory of the Member State from which it has received the valid Operating Licence; and
                           
                        
                              (iv)
                           
                           
                              the air carrier is owned, directly or through majority ownership, and is effectively controlled by Member States and/or nationals of Member States, and/or by other states listed in Annex III and/or nationals of such other states;
                           
                        
            
                  (b)
               
               
                  in the case of an air carrier designated by the United Arab Emirates:
                  
                              (i)
                           
                           
                              the air carrier is established in the territory of the United Arab Emirates and is licensed in accordance with the applicable law of the United Arab Emirates; and
                           
                        
                              (ii)
                           
                           
                              the United Arab Emirates have and maintain effective regulatory control of the air carrier.
                           
                        
            3.   Either Party may refuse, revoke, suspend or limit the operating authorisations or technical permissions of an air carrier designated by the other Party where:
      
                  (a)
               
               
                  in the case of an air carrier designated by a Member State:
                  
                              (i)
                           
                           
                              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 granted by a Member State in accordance with European Community law; or
                           
                        
                              (ii)
                           
                           
                              effective regulatory control of the air carrier is not exercised or not maintained by the Member State responsible for issuing its Air Operator’s Certificate, or the relevant aeronautical authority is not clearly identified in the designation; or
                           
                        
                              (iii)
                           
                           
                              the air carrier does not have its principal place of business in the territory of the Member State from which it has received its Operating Licence; or
                           
                        
                              (iv)
                           
                           
                              the air carrier is not owned, directly or through majority ownership, or is not effectively controlled by Member States and/or nationals of Member States, and/or by other states listed in Annex III and/or nationals of such other states; or
                           
                        
                              (v)
                           
                           
                              the air carrier holds an Air Operator’s Certificate issued by another Member State and it can be demonstrated that by exercising traffic rights under this Agreement on a route that includes a point in that other Member State, including the operation of a service which is marketed as or otherwise constitutes a through service, it would in effect be circumventing restrictions on traffic rights imposed by a bilateral air services agreement between the United Arab Emirates and that other Member State; or
                           
                        
                              (vi)
                           
                           
                              the air carrier holds an Air Operator’s Certificate issued by a Member State and there is no bilateral air services agreement between the United Arab Emirates and that Member State, and it can be demonstrated that the necessary traffic rights to conduct the proposed operation are not reciprocally available to the air carrier(s) designated by the United Arab Emirates;
                           
                        
            
                  (b)
               
               
                  in the case of an air carrier designated by the United Arab Emirates:
                  
                              (i)
                           
                           
                              the air carrier is not established in the territory of the United Arab Emirates or is not licensed in accordance with the applicable law of the United Arab Emirates; or
                           
                        
                              (ii)
                           
                           
                              the United Arab Emirates do not have or do not maintain effective regulatory control of the air carrier; or
                           
                        
                              (iii)
                           
                           
                              the air carrier is majority owned and controlled by nationals of a state other than the United Arab Emirates and it can be demonstrated that by exercising traffic rights under this Agreement on a route that includes a point in that other state, including the operation of a service which is marketed as or otherwise constitutes a through service, it would in effect be circumventing restrictions on traffic rights imposed by a bilateral air services agreement between a Member State and that other state; or
                           
                        
                              (iv)
                           
                           
                              the air carrier is majority owned and controlled by nationals of a state other than the United Arab Emirates and there is no bilateral air services agreement between a Member State and that other state, and it can be demonstrated that the necessary traffic rights to conduct the proposed operation are not reciprocally available to the air carrier(s) designated by the Member State concerned.
                           
                        
            In exercising its right under this paragraph, and without prejudice to its rights under paragraph 3(a)(v) and (vi) of this Article, the United Arab Emirates shall not discriminate between Community air carriers on the grounds of nationality.
      Article 3
      Safety
      1.   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 United Arab Emirates under the safety provisions of the agreement between the Member State that has designated the air carrier and the United Arab Emirates 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 4
      Taxation of aviation fuel
      1.   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 United Arab Emirates 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. In such case, the United Arab Emirates would have a similar right to reciprocate without discrimination the imposition of similar taxes, levies, duties, fees or charges on fuel supplied in their territory.
      Article 5
      Tariffs for carriage within the European Community
      1.   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 United Arab Emirates 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.
      3.   Notwithstanding the provisions in paragraph 2, the air carrier(s) designated by the United Arab Emirates shall be allowed to match existing prices charged by other airlines for carriage wholly within the European Community.
      Article 6
      Compatibility with competition rules
      1.   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 7
      Annexes to the Agreement
      The Annexes to this Agreement shall form an integral part thereof.
      Article 8
      Revision or amendment
      The Contracting Parties may, at any time, revise or amend this Agreement by mutual consent.
      Article 9
      Entry into force and provisional application
      1.   This Agreement shall enter into force when the Contracting Parties have notified each other in writing that their respective internal procedures necessary for its entry into force have been completed.
      2.   Notwithstanding paragraph 1, the Contracting Parties agree to provisionally apply this Agreement from the first day of the month following the date on which the Contracting Parties have notified each other of the completion of the procedures necessary for this purpose.
      3.   Agreements and other arrangements between Member States and the United Arab Emirates which, at the date of the signature of this Agreement, have not yet entered into force and are not being applied provisionally are listed in Annex I(b). This Agreement shall apply to all such Agreements and arrangements upon their entry into force or provisional application.
      Article 10
      Termination
      1.   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 the 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 Brussels in duplicate, on the thirtieth day of November in the year two thousand and seven in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Arabic languages.
         
            За Европейската общност
            Por la Comunidad Europea
            Za Evropské společenství
            For Det Europæiske Fællesskab
            Für die Europäische Gemeinschaft
            Euroopa Ühenduse nimel
            Για την Ευρωπαϊκή Κοινότητα
            For the European Community
            Pour la Communauté européenne
            Per la Comunità europea
            Eiropas Kopienas vārdā
            Europos bendrijos vardu
            Az Európai Közösség részéről
            Għall-Komunità Ewropea
            Voor de Europese Gemeenschap
            W imieniu Wspólnoty Europejskiej
            Pela Comunidade Europeia
            Pentru Comunitatea Europeană
            Za Európske spoločenstvo
            Za Evropsko skupnost
            Euroopan yhteisön puolesta
            För Europeiska gemenskapen
            
               
            
               
            
               
         
         
            За Обединените арабски емирства
            Por los Emiratos Árabes Unidos
            Za Spojené arabeské emiráty
            For De Forenede Arabiske Emirater
            Für die Vereinigten Arabischen Emirate
            Araabia Ühendemiraatide nimel
            Για τα Ενωμένα Αραβικά Εμιράτα
            For the United Arab Emirates
            Pour les Émirats arabes unis
            Per gli Emirati arabi uniti
            Apvienoto Arābu Emirātu vārdā
            Jungtinių Arabų Emyratų vardu
            Az Egyesült Arab Emirségek részéről
            Għall-Emirati Gharab Maghquda
            Voor de Verenigde Arabische Emiraten
            W imieniu Zjednoczonych Emiratów Arabskieh
            Pelos Emirados Árabes Unidos
            Pentru Emiratele Arabe Unite
            Za Spojené arabské emiráty
            Za Združene arabske emirate
            Yhdistyneiden Arabiemiirikuntien puolesta
            För Förenade Arabemiraten
            
               
            
               
         
      
      
         ANNEX I
         LIST OF AGREEMENTS REFERRED TO IN ARTICLE 1 OF THIS AGREEMENT
         
                     (a)
                  
                  
                     Air services agreements between the United Arab Emirates and Member States of the European Community which, at the date of signature of this Agreement, have been concluded, signed and/or are being applied provisionally.
                     
                                 —
                              
                              
                                 Agreement between the Government of the People's Republic of Bulgaria and the Government of the United Arab Emirates for the purpose of establishing air services between and beyond their respective territories signed at Sofia on 29 November 1989, hereinafter referred to as ‘the United Arab Emirates-Bulgaria Agreement’ in Annex II;
                                 To be read together with the Memorandum of Understanding done at Abu Dhabi on 3 February 1988.
                              
                           
                                 —
                              
                              
                                 Air Transport Agreement between the Austrian Federal Government and the Government of the United Arab Emirates signed at Abu Dhabi on 23 May 1990, hereinafter referred to as ‘the United Arab Emirates-Austria 1990 Agreement’ in Annex II;
                                 To be read together with the Confidential Memorandum of Understanding done at Vienna on 14 October 1987.
                              
                           
                                 —
                              
                              
                                 Air Services Agreement between the Government of the United Arab Emirates and the Austrian Federal Government initialled at Abu Dhabi on 10 March 2004, hereinafter referred to as ‘the United Arab Emirates-Austria 2004 Agreement’ in Annex II;
                                 To be read together with the Agreed Minutes done at Abu Dhabi on 10 March 2004;
                                 Modified by the Memorandum of Understanding done at Vienna on 31 March 2005;
                                 Last modified by the Exchange of Letters dated 10 December 2006.
                              
                           
                                 —
                              
                              
                                 Agreement between the Government of the Kingdom of Belgium and the Government of the United Arab Emirates for the purpose of establishing air services between and beyond their respective territories signed at Abu Dhabi on 5 March 1990, hereinafter referred to as ‘the United Arab Emirates-Belgium Agreement’ in Annex II;
                                 To be read together with the Confidential Memorandum of Understanding done at Brussels on 8 July 1986;
                                 Last modified by the Exchange of Letters dated 30 January 2001 and 20 February 2001.
                              
                           
                                 —
                              
                              
                                 Air Services Agreement between the Government of the Republic of Cyprus and the Government of the United Arab Emirates signed at Abu Dhabi on 7 December 1999, hereinafter referred to as ‘the United Arab Emirates-Cyprus Agreement’ in Annex II;
                                 To be read together with the Agreed Minutes done at Abu Dhabi on 7 December 1999;
                                 Supplemented by the Memorandum of Understanding done at Nicosia on 23 February 2001;
                                 Modified by the Memorandum of Understanding done at Dubai on 16 October 2002.
                              
                           
                                 —
                              
                              
                                 Air Transport Agreement between the Government of the Czech Republic and the Government of the United Arab Emirates signed at Abu Dhabi on 15 December 2002, hereinafter referred to as ‘the United Arab Emirates-Czech Republic Agreement’ in Annex II;
                                 To be read together with the Agreed Minutes done at Prague on 24 November 1999.
                              
                           
                                 —
                              
                              
                                 Air Services Agreement between the Government of the Kingdom of Denmark and the Government of the United Arab Emirates initialled at Abu Dhabi on 24 February 1999, hereinafter referred to as ‘the initialled United Arab Emirates-Denmark Agreement’ in Annex II;
                                 To be read together with the Memorandum of Understanding initialled at Abu Dhabi on 24 February 1999.
                              
                           
                                 —
                              
                              
                                 Air Services Agreement between the Government of the Republic of Finland and the Government of the United Arab Emirates initialled at Helsinki on 6 April 2004, hereinafter referred to as ‘the United Arab Emirates-Finland Agreement’ in Annex II;
                                 To be read together with the Agreed Minutes done at Helsinki on 6 April 2004;
                                 To be read together with the Confidential Memorandum of Understanding done at Helsinki on 6 April 2004.
                              
                           
                                 —
                              
                              
                                 Agreement between the Government of the French Republic and the Government of the United Arab Emirates for the purpose of establishing air services between and beyond their respective territories signed at Paris on 9 September 1991, hereinafter referred to as ‘the United Arab Emirates-France Agreement’ in Annex II;
                                 To be read together with the Confidential Memorandum of Understanding done at Paris on 30 October 1986;
                                 Modified by the Memorandum of Understanding done at Paris on 7 October 1997;
                                 Supplemented by the Memorandum of Understanding done at Abu Dhabi on 19 September 2001;
                                 Modified by the Memorandum of Understanding done at Paris on 16 September 2004;
                                 Last modified by the Memorandum of Understanding done at Abu Dhabi on 13 December 2006.
                              
                           
                                 —
                              
                              
                                 Air Transport Agreement between the Federal Republic of Germany and the United Arab Emirates signed at Abu Dhabi on 2 March 1994, hereinafter referred to as ‘the United Arab Emirates-Germany Agreement’ in Annex II;
                                 Supplemented by the Protocol signed at Abu Dhabi on 15 June 1998;
                                 To be read together with the Agreed Minutes done at Bonn on 15 June 2000.
                              
                           
                                 —
                              
                              
                                 Agreement between the Government of the Hellenic Republic and the Government of the United Arab Emirates for the purpose of establishing air services between and beyond their respective territories signed at Abu Dhabi on 16 December 1991, hereinafter referred to as ‘the United Arab Emirates-Greece Agreement’ in Annex II;
                                 To be read together with the Confidential Memorandum of Understanding done at Athens on 6 March 1987;
                                 Modified by the Memorandum of Understanding done at Athens on 11 February 1998;
                                 To be read together with the Memorandum of Understanding done at Athens on 27 April 2004.
                              
                           
                                 —
                              
                              
                                 Agreement between the Government of Ireland and the Government of the United Arab Emirates on air transport initialled at Dublin on 28 June 1995, hereinafter referred to as ‘the United Arab Emirates-Ireland Agreement’ in Annex II;
                                 To be read together with the Confidential Memorandum of Understanding done at Dublin on 28 June 1995.
                              
                           
                                 —
                              
                              
                                 Agreement between the Government of the Italian Republic and the Government of the United Arab Emirates for the purpose of establishing air services between and beyond their respective territories signed at Abu Dhabi on 3 April 1991, hereinafter referred to as ‘the United Arab Emirates-Italy Agreement’ in Annex II;
                                 To be read together with the Memorandum done at Rome on 21 February 1989;
                                 Modified by the Memorandum done at Rome on 10 September 1991;
                                 Modified by the Memorandum of Understanding done at Rome on 8 November 1999;
                                 Modified by the Memorandum of Understanding done at Rome on 4 June 2003;
                                 Modified by the Memorandum of Understanding done at Dubai on 30 March 2004;
                                 Modified by the Memorandum of Understanding done at Rome on 13 December 2005;
                                 Modified by the Exchange of Letters dated 9 January 2007 and 8 February 2007;
                                 Last modified by the Exchange of Letters dated 26 September 2007 and 27 September 2007.
                              
                           
                                 —
                              
                              
                                 Air Services Agreement between the Government of the Republic of Latvia and the Government of the United Arab Emirates initialled at Riga on 13 September 2005, hereinafter referred to as ‘the United Arab Emirates-Latvia Agreement’ in Annex II;
                                 To be read together with the Memorandum of Understanding done at Riga on 13 September 2005.
                              
                           
                                 —
                              
                              
                                 Agreement between the Government of the Grand Duchy of Luxembourg and the Government of the United Arab Emirates for the purpose of establishing air services between and beyond their respective territories initialled at Luxembourg on 28 November 1986, hereinafter referred to as ‘the United Arab Emirates-Luxembourg Agreement’ in Annex II;
                                 To be read together with the Confidential Memorandum of Understanding done at Luxembourg on 28 November 1986.
                              
                           
                                 —
                              
                              
                                 Agreement between the Government of Malta and the Government of the United Arab Emirates for the purpose of establishing air services between and beyond their respective territories initialled at Abu Dhabi on 26 November 1991 and signed at Valetta on 10 November 1994, hereinafter referred to as ‘the United Arab Emirates-Malta Agreement’ in Annex II;
                                 To be read together with the Confidential Memorandum of Understanding done at Abu Dhabi on 26 November 1991;
                                 Modified by the Memorandum of Understanding done at Malta on 24 September 2003.
                              
                           
                                 —
                              
                              
                                 Agreement between the Kingdom of the Netherlands and the Government of the United Arab Emirates for the purpose of establishing air services between and beyond their respective territories signed at Abu Dhabi on 31 July 1990, hereinafter referred to as ‘the United Arab Emirates-Netherlands Agreement’ in Annex II;
                                 To be read together with the Agreed Minutes and the Confidential Memorandum of Understanding done at The Hague on 30 July 1986;
                                 Modified by the Confidential Memorandum of Understanding done at Abu Dhabi on 10 April 2000.
                              
                           
                                 —
                              
                              
                                 Agreement between the Government of the Republic of Poland and the Government of the United Arab Emirates for the purpose of establishing air services between and beyond their respective territories signed at Abu Dhabi on 20 November 1994, hereinafter referred to as ‘the United Arab Emirates-Poland Agreement’ in Annex II;
                                 To be read together with the Confidential Memorandum of Understanding done at Warsaw on 19 May 1992;
                                 Modified by the addendum of 4 September 2001 to the Confidential Memorandum of Understanding.
                              
                           
                                 —
                              
                              
                                 Air Services Agreement between the Portuguese Republic and the United Arab Emirates initialled at Lisbon on 18 May 2005, hereinafter referred to as ‘the United Arab Emirates-Portugal Agreement’ in Annex II;
                                 To be read together with the Memorandum of Understanding done at Lisbon on 18 May 2005.
                              
                           
                                 —
                              
                              
                                 Air Services Agreement between the Republic of Slovenia and the United Arab Emirates initialled at Ljubljana on 16 September 2005, hereinafter referred to as ‘the United Arab Emirates-Slovenia Agreement’ in Annex II;
                                 To be read together with the Memorandum of Understanding done at Ljubljana on 16 September 2005.
                              
                           
                                 —
                              
                              
                                 Air Transport Agreement between the Kingdom of Spain and the United Arab Emirates initialled at Madrid on 17 October 2001, hereinafter referred to as ‘the United Arab Emirates-Spain Agreement’ in Annex II;
                                 To be read together with the Memorandum of Understanding done at Madrid on 17 October 2001.
                              
                           
                                 —
                              
                              
                                 Air Services Agreement between the Government of the Kingdom of Sweden and the Government of the United Arab Emirates initialled at Abu Dhabi on 24 February 1999, hereinafter referred to as ‘the initialled United Arab Emirates-Sweden Agreement’ in Annex II;
                                 To be read together with the Memorandum of Understanding initialled at Abu Dhabi on 24 February 1999.
                              
                           
                                 —
                              
                              
                                 Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United Arab Emirates concerning air services signed at Abu Dhabi on 2 June 2002, hereinafter referred to as ‘the United Arab Emirates-United Kingdom Agreement’ in Annex II;
                                 To be read together with the Memorandum of Understanding done at Dubai on 26 February 1997;
                                 Supplemented by the Memorandum of Understanding done at London and Abu Dhabi on 16 June 2003 and 29 June 2003 respectively.
                              
                           
               
                     (b)
                  
                  
                     Air services agreements and other arrangements initialled or signed between the United Arab Emirates and Member States of the European Community which, at the date of signature of this Agreement, have not yet entered into force and are not being applied provisionally.
                     
                                 —
                              
                              
                                 Agreement between the Government of Romania and the Government of the United Arab Emirates relating to civil air transport initialled at Abu Dhabi on 8 March 1989, hereinafter referred to as ‘the United Arab Emirates-Romania Agreement’ in Annex II;
                                 To be read together with the Confidential Memorandum of Understanding done at Abu Dhabi on 8 March 1989.
                              
                           
               
      
         ANNEX II
         LIST OF ARTICLES IN THE AGREEMENTS LISTED IN ANNEX I AND REFERRED TO IN ARTICLES 2 TO 6 OF THIS AGREEMENT
         
                     (a)
                  
                  
                     Designation:
                     
                                 —
                              
                              
                                 Article 3, paragraphs 2 and 4, of the United Arab Emirates-Austria 1990 Agreement;
                              
                           
                                 —
                              
                              
                                 Article 3, paragraphs 2(a) and (b) of the United Arab Emirates-Austria 2004 Agreement;
                              
                           
                                 —
                              
                              
                                 Article 4, paragraphs 2 and 4 of the United Arab Emirates-Belgium Agreement;
                              
                           
                                 —
                              
                              
                                 Article 4, paragraphs 2 and 4 of the United Arab Emirates-Bulgaria Agreement;
                              
                           
                                 —
                              
                              
                                 Article 3, paragraph 2 of the United Arab Emirates-Cyprus Agreement;
                              
                           
                                 —
                              
                              
                                 Article 3, paragraphs 2 and 4 of the United Arab Emirates-Czech Republic Agreement;
                              
                           
                                 —
                              
                              
                                 Article 3, paragraphs 2 and 4 of the initialled United Arab Emirates-Denmark Agreement;
                              
                           
                                 —
                              
                              
                                 Article 3, paragraphs 2(a) and (b) of the United Arab Emirates-Finland Agreement;
                              
                           
                                 —
                              
                              
                                 Article 4, paragraphs 2 and 4 of the United Arab Emirates-France Agreement;
                              
                           
                                 —
                              
                              
                                 Article 3, paragraph 3 of the United Arab Emirates-Germany Agreement;
                              
                           
                                 —
                              
                              
                                 Article 4, paragraphs 2(a) and (b) of the United Arab Emirates-Greece Agreement;
                              
                           
                                 —
                              
                              
                                 Article 3, paragraph 3 of the United Arab Emirates-Ireland Agreement;
                              
                           
                                 —
                              
                              
                                 Article 4, paragraphs 2(a) and (b) of the United Arab Emirates-Italy Agreement;
                              
                           
                                 —
                              
                              
                                 Article 3, paragraph 2(a) and (b) of the United Arab Emirates-Latvia Agreement;
                              
                           
                                 —
                              
                              
                                 Article 4, paragraphs 2 and 4 of the United Arab Emirates-Luxembourg Agreement;
                              
                           
                                 —
                              
                              
                                 Article 3, paragraphs 2 and 4 of the United Arab Emirates-Malta Agreement;
                              
                           
                                 —
                              
                              
                                 Article 4, paragraphs 4.2 and 4.4 of the United Arab Emirates-Netherlands Agreement;
                              
                           
                                 —
                              
                              
                                 Article 3, paragraphs 2 and 4 of the United Arab Emirates-Poland Agreement;
                              
                           
                                 —
                              
                              
                                 Article 3, paragraph 2(a) and (b) of the United Arab Emirates-Portugal Agreement;
                              
                           
                                 —
                              
                              
                                 Article 3, paragraphs 2 and 4 of the United Arab Emirates-Romania Agreement;
                              
                           
                                 —
                              
                              
                                 Article 3, paragraph 2(a) and (b) of the United Arab Emirates-Slovenia Agreement;
                              
                           
                                 —
                              
                              
                                 Article 3, paragraphs 2 and 4 of the United Arab Emirates-Spain Agreement;
                              
                           
                                 —
                              
                              
                                 Article 3, paragraphs 2 and 4 of the initialled United Arab Emirates-Sweden Agreement;
                              
                           
                                 —
                              
                              
                                 Article 4, paragraphs 2 and 4 of the United Arab Emirates-United Kingdom Agreement.
                              
                           
               
                     (b)
                  
                  
                     Refusal, revocation, suspension or limitation of authorisations or permissions:
                     
                                 —
                              
                              
                                 Article 4, paragraph 1(a), of the United Arab Emirates-Austria 1990 Agreement;
                              
                           
                                 —
                              
                              
                                 Article 4, paragraphs 1(a) and (b) of the United Arab Emirates-Austria 2004 Agreement;
                              
                           
                                 —
                              
                              
                                 Article 5, paragraph 1(a) of the United Arab Emirates-Belgium Agreement;
                              
                           
                                 —
                              
                              
                                 Article 5, paragraph 1(a) of the United Arab Emirates-Bulgaria Agreement;
                              
                           
                                 —
                              
                              
                                 Article 4, paragraph 1(a) of the United Arab Emirates-Cyprus Agreement;
                              
                           
                                 —
                              
                              
                                 Article 4, paragraph 1(b) of the United Arab Emirates-Czech Republic Agreement;
                              
                           
                                 —
                              
                              
                                 Article 4, paragraph 1(a) of the initialled United Arab Emirates-Denmark Agreement;
                              
                           
                                 —
                              
                              
                                 Article 4, paragraphs 1(a) and (b) of the United Arab Emirates-Finland Agreement;
                              
                           
                                 —
                              
                              
                                 Article 5, paragraph 1(a) of the United Arab Emirates-France Agreement;
                              
                           
                                 —
                              
                              
                                 Article 4, paragraph 1 of the United Arab Emirates-Germany Agreement;
                              
                           
                                 —
                              
                              
                                 Article 5, paragraphs 1(a) and (b), and 2 of the United Arab Emirates-Greece Agreement;
                              
                           
                                 —
                              
                              
                                 Article 3, paragraph 5 of the United Arab Emirates-Ireland Agreement;
                              
                           
                                 —
                              
                              
                                 Article 5, paragraphs 1(a) and (b) of the United Arab Emirates-Italy Agreement;
                              
                           
                                 —
                              
                              
                                 Article 4, paragraphs 1(a) and (b), and 3(a) and (b) of the United Arab Emirates-Latvia Agreement;
                              
                           
                                 —
                              
                              
                                 Article 5, paragraph 1(a) of the United Arab Emirates-Luxembourg Agreement;
                              
                           
                                 —
                              
                              
                                 Article 4, paragraph 1(a) of the United Arab Emirates-Malta Agreement;
                              
                           
                                 —
                              
                              
                                 Article 5, paragraph 5.1.1 of the United Arab Emirates-Netherlands Agreement;
                              
                           
                                 —
                              
                              
                                 Article 4, paragraph 1(a) of the United Arab Emirates-Poland Agreement;
                              
                           
                                 —
                              
                              
                                 Article 4, paragraphs 1(a) and (b) of the United Arab Emirates-Portugal Agreement;
                              
                           
                                 —
                              
                              
                                 Article 4, paragraphs 1(a) of the United Arab Emirates-Romania Agreement;
                              
                           
                                 —
                              
                              
                                 Article 4, paragraphs 1(a) and (b), and 3 of the United Arab Emirates-Slovenia Agreement;
                              
                           
                                 —
                              
                              
                                 Article 4, paragraph 1(a) of the United Arab Emirates-Spain Agreement;
                              
                           
                                 —
                              
                              
                                 Article 4, paragraph 1(a) of the initialled United Arab Emirates-Sweden Agreement;
                              
                           
                                 —
                              
                              
                                 Article 5, paragraph 1(a) of the United Arab Emirates-United Kingdom Agreement.
                              
                           
               
                     (c)
                  
                  
                     Safety:
                     
                                 —
                              
                              
                                 Article 6 of the United Arab Emirates-Austria 2004 Agreement;
                              
                           
                                 —
                              
                              
                                 Article 7 of the United Arab Emirates-Czech Republic Agreement;
                              
                           
                                 —
                              
                              
                                 Article 14 of the initialled United Arab Emirates-Denmark Agreement;
                              
                           
                                 —
                              
                              
                                 Article 12 of the United Arab Emirates-Finland Agreement;
                              
                           
                                 —
                              
                              
                                 Article 11a of the United Arab Emirates-Germany Agreement;
                              
                           
                                 —
                              
                              
                                 Article 9bis of the United Arab Emirates-Greece Agreement;
                              
                           
                                 —
                              
                              
                                 Article 6 of the United Arab Emirates-Latvia Agreement;
                              
                           
                                 —
                              
                              
                                 Article 8bis of the United Arab Emirates-Malta Agreement;
                              
                           
                                 —
                              
                              
                                 Article 17 of the United Arab Emirates-Netherlands Agreement;
                              
                           
                                 —
                              
                              
                                 Article 14 of the United Arab Emirates-Portugal Agreement;
                              
                           
                                 —
                              
                              
                                 Article 14 of the United Arab Emirates-Slovenia Agreement;
                              
                           
                                 —
                              
                              
                                 Article 11 of the United Arab Emirates-Spain Agreement;
                              
                           
                                 —
                              
                              
                                 Article 14 of the initialled United Arab Emirates-Sweden Agreement;
                              
                           
                                 —
                              
                              
                                 Article 10 of the United Arab Emirates-United Kingdom Agreement.
                              
                           
               
                     (d)
                  
                  
                     Taxation of aviation fuel:
                     
                                 —
                              
                              
                                 Article 7 of the United Arab Emirates-Austria 1990 Agreement;
                              
                           
                                 —
                              
                              
                                 Article 9 of the United Arab Emirates-Austria 2004 Agreement;
                              
                           
                                 —
                              
                              
                                 Article 6 of the United Arab Emirates-Belgium Agreement;
                              
                           
                                 —
                              
                              
                                 Article 6 of the United Arab Emirates-Bulgaria Agreement;
                              
                           
                                 —
                              
                              
                                 Article 6 of the United Arab Emirates-Cyprus Agreement;
                              
                           
                                 —
                              
                              
                                 Article 8 of the United Arab Emirates-Czech Republic Agreement;
                              
                           
                                 —
                              
                              
                                 Article 6 of the initialled United Arab Emirates-Denmark Agreement;
                              
                           
                                 —
                              
                              
                                 Article 6 of the United Arab Emirates-Finland Agreement;
                              
                           
                                 —
                              
                              
                                 Article 6 of the United Arab Emirates-France Agreement;
                              
                           
                                 —
                              
                              
                                 Article 6 of the United Arab Emirates-Germany Agreement;
                              
                           
                                 —
                              
                              
                                 Article 6 of the United Arab Emirates-Greece Agreement;
                              
                           
                                 —
                              
                              
                                 Article 11 of the United Arab Emirates-Ireland Agreement;
                              
                           
                                 —
                              
                              
                                 Article 6 of the United Arab Emirates-Italy Agreement;
                              
                           
                                 —
                              
                              
                                 Article 9 of the United Arab Emirates-Latvia Agreement;
                              
                           
                                 —
                              
                              
                                 Article 6 of the United Arab Emirates-Luxembourg Agreement;
                              
                           
                                 —
                              
                              
                                 Article 5 of the United Arab Emirates-Malta Agreement;
                              
                           
                                 —
                              
                              
                                 Article 7 of the United Arab Emirates-Netherlands Agreement;
                              
                           
                                 —
                              
                              
                                 Article 6 of the United Arab Emirates-Poland Agreement;
                              
                           
                                 —
                              
                              
                                 Article 6 of the United Arab Emirates-Portugal Agreement;
                              
                           
                                 —
                              
                              
                                 Article 9 of the United Arab Emirates-Romania Agreement;
                              
                           
                                 —
                              
                              
                                 Article 6 of the United Arab Emirates-Slovenia Agreement;
                              
                           
                                 —
                              
                              
                                 Article 5 of the United Arab Emirates-Spain Agreement;
                              
                           
                                 —
                              
                              
                                 Article 6 of the initialled United Arab Emirates-Sweden Agreement;
                              
                           
                                 —
                              
                              
                                 Article 8 of the United Arab Emirates-United Kingdom Agreement.
                              
                           
               
                     (e)
                  
                  
                     Tariffs for carriage within the European Community:
                     
                                 —
                              
                              
                                 Article 9 of the United Arab Emirates-Austria 1990 Agreement;
                              
                           
                                 —
                              
                              
                                 Article 12 of the United Arab Emirates-Austria 2004 Agreement;
                              
                           
                                 —
                              
                              
                                 Article 11 of the United Arab Emirates-Belgium Agreement;
                              
                           
                                 —
                              
                              
                                 Article 11 of the United Arab Emirates-Bulgaria Agreement;
                              
                           
                                 —
                              
                              
                                 Article 13 of the United Arab Emirates-Cyprus Agreement;
                              
                           
                                 —
                              
                              
                                 Article 12 of the United Arab Emirates-Czech Republic Agreement;
                              
                           
                                 —
                              
                              
                                 Article 10 of the initialled United Arab Emirates-Denmark Agreement;
                              
                           
                                 —
                              
                              
                                 Article 8 of the United Arab Emirates-Finland Agreement;
                              
                           
                                 —
                              
                              
                                 Article 12 of the United Arab Emirates-France Agreement;
                              
                           
                                 —
                              
                              
                                 Article 10 of the United Arab Emirates-Germany Agreement;
                              
                           
                                 —
                              
                              
                                 Article 11 of the United Arab Emirates-Greece Agreement;
                              
                           
                                 —
                              
                              
                                 Article 6 of the United Arab Emirates-Ireland Agreement;
                              
                           
                                 —
                              
                              
                                 Article 12 of the United Arab Emirates-Italy Agreement;
                              
                           
                                 —
                              
                              
                                 Article 12 of the United Arab Emirates-Latvia Agreement;
                              
                           
                                 —
                              
                              
                                 Article 11 of the United Arab Emirates-Luxembourg Agreement;
                              
                           
                                 —
                              
                              
                                 Article 10 of the United Arab Emirates-Malta Agreement;
                              
                           
                                 —
                              
                              
                                 Article 6 of the United Arab Emirates-Netherlands Agreement;
                              
                           
                                 —
                              
                              
                                 Article 9 of the United Arab Emirates-Poland Agreement;
                              
                           
                                 —
                              
                              
                                 Article 18 of the United Arab Emirates-Portugal Agreement;
                              
                           
                                 —
                              
                              
                                 Article 13 of the United Arab Emirates-Romania Agreement;
                              
                           
                                 —
                              
                              
                                 Article 18 of the United Arab Emirates-Slovenia Agreement;
                              
                           
                                 —
                              
                              
                                 Article 7 of the United Arab Emirates-Spain Agreement;
                              
                           
                                 —
                              
                              
                                 Article 10 of the initialled United Arab Emirates-Sweden Agreement;
                              
                           
                                 —
                              
                              
                                 Article 7 of the United Arab Emirates-United Kingdom Agreement.
                              
                           
               
      
         ANNEX III
         LIST OF OTHER STATES REFERRED TO IN ARTICLE 2 OF THIS AGREEMENT
         
                     (a)
                  
                  
                     The Republic of Iceland (under the Agreement on the European Economic Area);
                  
               
                     (b)
                  
                  
                     The Principality of Liechtenstein (under the Agreement on the European Economic Area);
                  
               
                     (c)
                  
                  
                     The Kingdom of Norway (under the Agreement on the European Economic Area);
                  
               
                     (d)
                  
                  
                     The Swiss Confederation (under the Agreement between the European Community and the Swiss Confederation on Air Transport).