CELEX: 22009A1009(01)
Language: en
Date: 2009-07-07 00:00:00
Title: Agreement between the European Community and the Government of the Republic of Azerbaijan on certain aspects of air services

9.10.2009                EN                              Official Journal of the European Union                                            L 265/25
                                                                      AGREEMENT
               between the European Community and the Government of the Republic of Azerbaijan on certain
                                                                 aspects of air services
               THE EUROPEAN COMMUNITY,
               of the one part, and
               THE GOVERNMENT OF THE REPUBLIC OF AZERBAIJAN,
               of the other part,
               (hereinafter referred to as the Parties);
               NOTING that bilateral air service agreements have been concluded between several Member States of the European
               Community and the Republic of Azerbaijan 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 provisions of the bilateral air service agreements between Member States of the European
               Community and the Republic of Azerbaijan, which are contrary to European Community law, must be brought into
               full conformity with it in order to establish a sound legal basis for air services between the European Community and the
               Republic of Azerbaijan 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 Azerbaijan, 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 Azerbaijan, to affect the balance between Community
               air carriers and air carriers of the Republic of Azerbaijan, or to negotiate amendments to the provisions of existing
               bilateral air service agreements concerning traffic rights,
               HAVE AGREED AS FOLLOWS:
                                 Article 1                                        Agreement shall be understood as referring to air carriers or
                                                                                  airlines designated by that Member State.
                          General provisions
1.    For the purposes of this Agreement, ‘Member States’ shall
mean Member States of the European Community.                                                                     Article 2
                                                                                                    Designation by a Member State
2.    References in each of the Agreements listed in Annex I to
nationals of the Member State that is a party to that Agreement                   1.      The provisions in paragraphs 2 and 3 of this Article shall
shall be understood as referring to nationals of the Member                       supersede the corresponding provisions in the Articles listed in
States of the European Community.                                                 Annex II(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 Azerbaijan, and the
3.    References in each of the Agreements listed in Annex I to                   refusal, revocation, suspension or limitation of the authori­
air carriers or airlines of the Member State that is a party to that              sations or permissions of the air carrier, respectively.
 ---pagebreak--- L 265/26                 EN                           Official Journal of the European Union                                            9.10.2009
2.      On receipt of a designation by a Member State, the                    Member State, the rights of the Republic of Azerbaijan under
Republic of Azerbaijan shall grant the appropriate authori­                   the safety provisions of the Agreement between the Member
sations and permissions with minimum procedural delay,                        State that has designated the air carrier and the Republic of
provided that:                                                                Azerbaijan 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
  (i) the air carrier is established under the Treaty establishing            that air carrier.
      the European Community in the territory of the designating
      Member State and has a valid operating licence in
      accordance with European Community law;                                                                Article 4
                                                                                                   Taxation of aviation fuel
 (ii) effective regulatory control of the air carrier is exercised
      and maintained by the Member State responsible for                      1.     The provisions in paragraph 2 of this Article shall
      issuing its air operators certificate and the relevant aero­            complement the corresponding provisions in the Articles
      nautical authority is clearly identified in the designation;            listed in Annex II(d).
      and
                                                                              2.     Notwithstanding any other provision to the contrary,
(iii) the air carrier is owned and shall continue to be owned                 nothing in each of the Agreements listed in Annex II(d) shall
      directly or through majority ownership by Member States                 prevent a Member State from imposing on a non-discriminatory
      and/or nationals of Member States, and/or by other States               basis taxes, levies, duties, fees or charges on fuel supplied in its
      listed in Annex III and/or nationals of such other States,              territory for use in an aircraft of a designated air carrier of the
      and shall at all times be effectively controlled by such States         Republic of Azerbaijan that operates between a point in the
      and/or such nationals.                                                  territory of that Member State and another point in the
                                                                              territory of that Member State or in the territory of another
                                                                              Member State.
3.      The Republic of Azerbaijan may refuse, revoke, suspend
or limit the authorisations or permissions of an air carrier
designated by a Member State where:                                           3.     Notwithstanding any other provision to the contrary,
                                                                              nothing in each of the Agreements listed in Annex II(d) shall
                                                                              prevent the Republic of Azerbaijan from imposing on a non-
  (i) the air carrier is not   established under the Treaty estab­            discriminatory basis taxes, levies, duties, fees or charges on fuel
      lishing the European    Community in the territory of the               supplied in its territory for use in an aircraft of a designated air
      designating Member       State or does not have a valid                 carrier of a Member State that operates between a point in the
      operating licence       in accordance with European                     territory of the Republic of Azerbaijan and another point in the
      Community law;                                                          territory of the Republic of Azerbaijan.
 (ii) effective regulatory control of the air carrier is not exercised
      or not maintained by the Member State responsible for                                                  Article 5
      issuing its air operators certificate, or the relevant aero­                Tariffs for carriage within the European Community
      nautical authority is not clearly identified in the desig­
      nation; or                                                              1.     The provisions in paragraph 2 of this Article shall
                                                                              complement the articles listed in Annex II(e).
(iii) the air carrier is not owned, directly or through majority
      ownership, or it is not effectively controlled by Member                2.     The tariffs to be charged by the air carrier(s) designated by
      States and/or nationals of Member States, and/or by other               the Republic of Azerbaijan under an agreement listed in Annex
      States listed in Annex III and/or nationals of such other               I containing a provision listed in Annex II(e) for carriage wholly
      States.                                                                 within the European Community shall be subject to European
                                                                              Community law.
In exercising its right under this paragraph, the Republic of
Azerbaijan shall not discriminate between Community air                                                      Article 6
carriers on the grounds of nationality.
                                                                                                  Annexes to the Agreement
                               Article 3                                      The Annexes to this Agreement shall form an integral part
                                                                              thereof.
            Rights with regard to regulatory control
1.      The provisions in paragraph 2 of this Article shall
complement the Articles listed in Annex II(c).                                                               Article 7
                                                                                                   Revision or amendment
2.      Where a Member State has designated an air carrier whose              The Parties may, at any time, revise or amend this Agreement
regulatory control is exercised and maintained by another                     by mutual consent.
 ---pagebreak--- 9.10.2009            EN                         Official Journal of the European Union                                        L 265/27
                           Article 8                                                                 Article 9
        Entry into force and provisional application                                              Termination
1.    This Agreement shall enter in force when the Parties have         1.   In the event that an Agreement listed in Annex I is
notified each other in writing that their respective internal           terminated, all provisions of this Agreement that relate to the
procedures necessary for its entry into force have been                 Agreement listed in Annex I concerned shall terminate at the
completed.                                                              same time.
2.    Notwithstanding paragraph 1, the Parties agree to provi­          2.   In the event that all Agreements listed in Annex I are
sionally apply this Agreement from the first day of the month           terminated, this Agreement shall terminate at the same time.
following the date on which the Parties have notified each other
of the completion of the procedures necessary for this purpose.
                                                                        IN WITNESS WHEREOF, the undersigned, being duly authorised,
                                                                        have signed this Agreement.
3.    Agreements and other arrangements between Member
States and the Republic of Azerbaijan which, at the date of
signature of this Agreement, have not yet entered into force            Done at Strasbourg in duplicate, on 7 July 2009 in the
and are not being applied provisionally are listed in Annex             Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish,
I(b). This Agreement shall apply to all such Agreements and             French, German, Greek, Hungarian, Italian, Latvian, Lithuanian,
arrangements upon their entry into force or provisional appli­          Maltese, Polish, Portuguese, Romanian, Slovak, Slovene, Spanish,
cation.                                                                 Swedish and Azerbaijani languages.
 ---pagebreak--- L 265/28             EN                         Official Journal of the European Union 9.10.2009
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-Komunitá 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 правителството на Република Азербайджан
Por el Gobierno de la República de Azerbaiyán
Za vládu Ázerbájdžánskou republiky
For Republikken Aserbajdsjans regering
Für die Regierung der Republik Aserbaidschan
Aserbaidžaani Vabariigi valitsuse nimel
Για την Κυβέρνηση της Δημοκρατίας του Αζερμπαϊτζάν
For the Government of the Republic of Azerbaijan
Pour le gouvernement de la République d'Azerbaïdjan
Per il governo della Repubblica dell'Azerbaigian
Azerbaidžānas Republikas valdības vārdā
Azerbaidžano Vyriausybės Respublikos vardu
Az Azerbajdzsáni Köztársaság Kormánya részéről
Għall-Gvern tar-Repubblika tal-Ażerbajġan
Voor de regering van de Republiek Azerbeidzjan
W imieniu Rządu Republiki Azerbejdżańskiej
Pelo Governo da República do Azerbaijão
Pentru Guvernul Republicii Azerbaidjan
Za vládu Azerbajdžanskej republiky
Za vlado Azerbajdžanske republike
Azerbaidžanin tasavallan hallituksen puolesta
För Republiken Azerbajdzjans regering
 ---pagebreak--- 9.10.2009          EN                               Official Journal of the European Union                                           L 265/29
                                                                     ANNEX I
                                      List of Agreements referred to in Article 1 of this Agreement
          (a) Air service agreements between the Government of the Republic of Azerbaijan 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 Austria and the Government of the Republic of Azerbaijan relating to Air
                  Services done at Vienna on 4 July 2000, hereinafter referred to ‘Azerbaijan — Austria Agreement’ in Annex II,
              — Agreement between the Government of the Kingdom of Belgium and the Government of the Republic of
                  Azerbaijan relating to Air Services done at Baku on 13 April 1998, hereinafter referred to ‘Azerbaijan —
                  Belgium Agreement’ in Annex II,
              — Agreement between the Government of the Republic of Bulgaria and the Government of the Republic of
                  Azerbaijan concerning Air Services between their respective territories and beyond done at Sofia on 29 June
                  1995, hereinafter referred to ‘Azerbaijan — Bulgaria Agreement’ in Annex II,
              — Agreement between the Government of the Kingdom of Denmark and the Government of the Republic of
                  Azerbaijan relating to Air Services initialled at Copenhagen on 27 April 2000, hereinafter referred to ‘Azerbaijan
                  — Denmark Agreement’ in Annex II.
                  Last modified by Exchange of Letters 1 March 2004 and 17 December 2004,
              — Air Transport Agreement between the Government of the Federal Republic of Germany and the Government of
                  the Azerbaijan Republic done at Baku at 28 July 1995, hereinafter referred to ‘Azerbaijan — Germany Agreement’
                  in Annex II.
                  Last modified by Protocol Correcting and Supplementing the Air Transport Agreement of 28 July 1995 between
                  the Government of the Federal Republic of Germany and the Government of the Azerbaijan Republic done at
                  Baku at 29 June 1998,
              — Agreement between the Government of the French Republic and the Government of the Republic of Azerbaijan
                  relating to Air Services done at Paris on 19 June 1997, hereinafter referred to ‘Azerbaijan — France Agreement’ in
                  Annex II,
              — Agreement between the Government of the Hellenic Republic and the Government of the Republic of Azerbaijan
                  relating to Air Services initialled at Athens on 5-6 June 1995, hereinafter referred to ‘Azerbaijan — Greece
                  Agreement’ in Annex II,
              — Agreement between the Government of the Italian Republic and the Government of the Republic of Azerbaijan
                  relating to Air Services done at Rome on 25 September 1997, hereinafter referred to ‘Azerbaijan — Italy
                  Agreement’ in Annex II,
              — Agreement between the Government of the Grand Duchy of Luxembourg and the Government of the Republic of
                  Azerbaijan relating to Air Services initialled at Baku on 3 July 2001, hereinafter referred to ‘Azerbaijan —
                  Luxembourg Agreement’ in Annex II,
              — Agreement between the Kingdom of the Netherlands and the Republic of Azerbaijan relating to Air Services done
                  at Baku on 11 July 1996, hereinafter referred to ‘Azerbaijan — Netherlands Agreement’ in Annex II,
              — Agreement between the Government of the Republic of Poland and the Government of the Azerbaijan Republic
                  concerning Civil Air Transport done at Warsaw on 26 August 1997, hereinafter referred to ‘Azerbaijan — Poland
                  Agreement’ in Annex II,
              — Agreement between the Government of Romania and the Government of the Republic of Azerbaijan concerning
                  Air Services done at Baku on 27 March 1996, hereinafter referred to ‘Azerbaijan — Romania Agreement’ in
                  Annex II,
              — Agreement between the Government of the Slovak Republic and the Government of the Republic of Azerbaijan
                  relating to Air Services initialled at Baku on 27 October 2000, hereinafter referred to ‘Azerbaijan — Slovak
                  Republic Agreement’ in Annex II,
 ---pagebreak--- L 265/30          EN                              Official Journal of the European Union                                            9.10.2009
             — Agreement between the Kingdom of Spain and Republic of Azerbaijan relating to Air Services initialled at Madrid
                 on 18 November 2004, hereinafter referred to ‘Azerbaijan — Spain Agreement’ in Annex II,
             — Agreement between the Government of the Kingdom of Sweden and the Government of the Republic of
                 Azerbaijan relating to Air Services initialled at Copenhagen on 27 April 2000, hereinafter referred to ‘Azerbaijan
                 — Sweden Agreement’ in Annex II.
                 Last modified by Exchange of Letters 1 March 2004 and 17 December 2004,
             — Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the
                 Government of the Republic of Azerbaijan relating to Air Services done at London on 23 February 1994,
                 hereinafter referred to ‘Azerbaijan — United Kingdom Agreement’ in Annex II.
                 Amended by Exchange of Notes done at Baku on 20 June and 23 December 1996.
                 Last modified by Memorandum of Understanding done at Baku on 3-4 July 2000;
         (b) Air service agreements and other arrangements initialled or signed between the Republic of Azerbaijan 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:
             — Air Transport Agreement between the Government of the Czech Republic and the Government of the Republic of
                 Azerbaijan initialled at Prague on 3 December 1998, hereinafter referred to ‘Azerbaijan — Czech Republic
                 Agreement’ in Annex II,
             — Air Services Agreement between the Government of the Republic of Azerbaijan and the Government of the
                 Republic of Estonia initialled in Tallinn on 8 November 2002, hereinafter referred to ‘Azerbaijan — Estonia
                 Agreement’ in Annex II,
             — Agreement between the Government of the Republic of Finland and the Government of the Republic of Azer­
                 baijan relating to Air Services initialled at Baku on 29 September 2000, hereinafter referred to ‘Azerbaijan —
                 Finland Agreement’ in Annex II.
 ---pagebreak--- 9.10.2009          EN                             Official Journal of the European Union                               L 265/31
                                                                  ANNEX II
             List of Articles in the Agreements listed in Annex I and referred to in Articles 2 to 5 of this Agreement
          (a) Designation by a Member State:
              — Article 3, paragraph 5 of the Azerbaijan — Austria Agreement,
              — Article 3, paragraph 5 of the Azerbaijan — Bulgaria Agreement,
              — Article 3, paragraph 4 of the Azerbaijan — Czech Republic Agreement,
              — Article 3, paragraph 4 of the Azerbaijan — Denmark Agreement,
              — Article 3, paragraph 4 of the Azerbaijan — Estonia Agreement,
              — Article 3, paragraph 4, of the Azerbaijan — Germany Agreement,
              — Article 3, paragraph 4 of the Azerbaijan — Greece Agreement,
              — Article 4, paragraph 3 of the Azerbaijan — France Agreement,
              — Article 4, paragraph 4 of the Azerbaijan — Italy Agreement,
              — Article 3, paragraph 4 of the Azerbaijan — Luxembourg Agreement,
              — Article 3, paragraph 4 of the Azerbaijan — Netherlands Agreement,
              — Article 3, paragraph 4 of the Azerbaijan — Poland Agreement,
              — Article 3, paragraph 4 of the Azerbaijan — Romania Agreement,
              — Article 4, paragraph 4 of the Azerbaijan — Slovak Republic Agreement,
              — Article 3, paragraph 4 of the Azerbaijan — Sweden Agreement,
              — Article 4, paragraph 4 of the Azerbaijan — United Kingdom Agreement;
          (b) Refusal, revocation, suspension or limitation of authorisations or permissions:
              — Article 4, paragraph 1(a) of the Azerbaijan — Austria Agreement,
              — Article 5, paragraph 1(d) of the Azerbaijan — Belgium Agreement,
              — Article 4, paragraph 1(a) of the Azerbaijan — Bulgaria Agreement,
              — Article 4, paragraph 1(b) of the Azerbaijan — Czech Republic Agreement,
              — Article 4, paragraph 1(a) of the Azerbaijan — Denmark Agreement,
              — Article 4, paragraph 1(a) of the Azerbaijan — Estonia Agreement,
              — Article 4, paragraph 1(b) of the Azerbaijan — Greece Agreement,
              — Article 5, paragraph 1 of the Azerbaijan — France Agreement,
              — Article 5, paragraph 1(a) of the Azerbaijan — Finland Agreement,
              — Article 5, paragraph 1(a) of the Azerbaijan — Italy Agreement,
              — Article 4, paragraph 1(a) of the Azerbaijan — Luxembourg Agreement,
              — Article 4, paragraph 1(c) of the Azerbaijan — Netherlands Agreement,
              — Article 4, paragraph 1(a) of the Azerbaijan — Poland Agreement,
              — Article 4, paragraph 1(a) of the Azerbaijan — Romania Agreement,
              — Article 5, paragraph 1(a) of the Azerbaijan — Slovak Republic Agreement,
              — Article 4, paragraph 1(a) of the Azerbaijan — Sweden Agreement,
              — Article 5, paragraph 1(a) of the Azerbaijan — United Kingdom Agreement;
          (c) Regulatory control:
              — Article 6 of the Azerbaijan — Austria Agreement,
              — Article 7 of the Azerbaijan — Belgium Agreement,
              — Article 7 of the Azerbaijan — Czech Republic Agreement,
              — Article 14 of the Azerbaijan — Denmark Agreement,
              — Article 15 of the Azerbaijan — Estonia Agreement,
              — Article 11a of the Azerbaijan — Germany Agreement,
              — Article 6 of the Azerbaijan — Greece Agreement,
              — Article 8 of the Azerbaijan — France Agreement,
              — Article 13 of the Azerbaijan — Finland Agreement,
              — Article 10 of the Azerbaijan — Italy Agreement,
 ---pagebreak--- L 265/32          EN                             Official Journal of the European Union 9.10.2009
             — Article 6 of the Azerbaijan — Luxembourg Agreement,
             — Article 13 of the Azerbaijan — Netherlands Agreement,
             — Article 10 of the Azerbaijan — Slovak Republic Agreement,
             — Article 14 of the Azerbaijan — Sweden Agreement;
         (d) Taxation of aviation fuel:
             — Article 7 of the Azerbaijan — Austria Agreement,
             — Article 10 of the Azerbaijan — Belgium Agreement,
             — Article 7 of the Azerbaijan — Bulgaria Agreement,
             — Article 8 of the Azerbaijan — Czech Republic Agreement,
             — Article 6 of the Azerbaijan — Denmark Agreement,
             — Article 7 of the Azerbaijan — Estonia Agreement,
             — Article 6 of the Azerbaijan — Germany Agreement,
             — Article 9 of the Azerbaijan — Greece Agreement,
             — Article 11 of the Azerbaijan — France Agreement,
             — Article 6 of the Azerbaijan — Finland Agreement,
             — Article 6 of the Azerbaijan — Italy Agreement,
             — Article 8 of the Azerbaijan — Luxembourg Agreement,
             — Article 9 of the Azerbaijan — Netherlands Agreement,
             — Article 6 of the Azerbaijan — Poland Agreement,
             — Article 9 of the Azerbaijan — Romania Agreement,
             — Article 5 of the Azerbaijan — Spain Agreement,
             — Article 9 of the Azerbaijan — Slovak Republic Agreement,
             — Article 6 of the Azerbaijan — Sweden Agreement,
             — Article 8 of the Azerbaijan — United Kingdom Agreement;
         (e) Tariffs for carriage within the European Community:
             — Article 11 of the Azerbaijan — Austria Agreement,
             — Article 13 of the Azerbaijan — Belgium Agreement,
             — Article 9 of the Azerbaijan — Bulgaria Agreement,
             — Article 12 of the Azerbaijan — Czech Republic Agreement,
             — Article 10 of the Azerbaijan — Denmark Agreement,
             — Article 13 of the Azerbaijan — Estonia Agreement,
             — Article 10 of the Azerbaijan — Germany Agreement,
             — Article 12 of the Azerbaijan — Greece Agreement,
             — Article 17 of the Azerbaijan — France Agreement,
             — Article 10 of the Azerbaijan — Finland Agreement,
             — Article 8 of the Azerbaijan — Italy Agreement,
             — Article 10 of the Azerbaijan — Luxembourg Agreement,
             — Article 5 of the Azerbaijan — Netherlands Agreement,
             — Article 10 of the Azerbaijan — Poland Agreement,
             — Article 8 of the Azerbaijan — Romania Agreement,
             — Article 8 of the Azerbaijan — Slovak Republic Agreement,
             — Article 10 of the Azerbaijan — Sweden Agreement,
             — Article 7 of the Azerbaijan — United Kingdom Agreement.
 ---pagebreak--- 9.10.2009         EN                              Official Journal of the European Union                                 L 265/33
                                                                 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).