title: 2006/529/EC: Council Decision of  29 November 2005  on the signature of the Agreement between the European Community and Ukraine on certain aspects of air services

text:
               1.8.2006

               EN

               Official Journal of the European Union

               L 211/23

         COUNCIL DECISION
   of 29 November 2005
   on the signature of the Agreement between the European Community and Ukraine on certain aspects of air services
   (2006/529/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)

               On 5 June 2003 the Council authorised the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

               (2)

               The Commission has negotiated, on behalf of the Community, an agreement with Ukraine on certain aspects of air services in accordance with the mechanisms and directives in the Annex to the Council’s authorisation of 5 June 2003.

               (3)

               Subject to its possible conclusion at a later date, the agreement negotiated by the Commission should be signed,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   1.   The President of the Council is hereby authorised to designate the person(s) empowered to sign on behalf of the Community the Agreement between the European Community and Ukraine on certain aspects of air services, subject to its conclusion at a later date.
   2.   The text of the agreement is attached to this Decision.

      Done at Brussels, 29 November 2005.

            For the Council

            The President

         A. JOHNSON

    ---documentbreak---

               1.8.2006

               EN

               Official Journal of the European Union

               L 211/24

         AGREEMENT
   between the European Community and Ukraine on certain aspects of air services
   THE EUROPEAN COMMUNITY
   of the one part, and
   UKRAINE
   of the other part
   (hereinafter referred to as the Parties),
   NOTING that bilateral air service agreements have been concluded between all Member States of the European Community and Ukraine 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 on the territory of a Member State have the right to non-discriminatory access to air routes between the Member States of the European Community and third countries,
   HAVING REGARD to the agreements between the European Community and certain third countries providing for the possibility for the nationals of such third countries to acquire ownership in air carriers licensed in accordance with European Community law,
   RECOGNISING that certain provisions of the bilateral air service agreements between the Member States of the European Community and Ukraine, which are contrary to European Community law, must be brought into conformity with it in order to establish a sound legal basis for air services between the Member States of the European Community and Ukraine and to preserve the continuity of such air services,
   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 Member States of the European Community and Ukraine, to affect the balance between Community air carriers and air carriers of Ukraine, or to negotiate amendments to the provisions of existing bilateral air service agreements concerning traffic rights,
   HAVE AGREED AS FOLLOWS:
   Article 1
   General provisions
   1.   For the purposes of this Agreement, unless the context otherwise requires, definitions are listed in Annex IV.
   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 of the Member State that is a party to that agreement shall be understood as referring to air carriers designated by that Member State.
   Article 2
   Designation by a Member State
   1.   The provisions in paragraph 2 of shall supersede the corresponding provisions in the articles listed in Annex II(a), in relation to the designation of an air carrier by the Member State concerned, its authorisations and permissions granted by Ukraine.
   2.   On receipt of a designation by a Member State, Ukraine shall grant the appropriate authorisations and permissions with minimum procedural delay, provided that:

               (i)

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

               (ii)

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

               (iii)

               the air carrier is owned, directly or through majority ownership, and it is effectively controlled by Member States and/or nationals of Member States, and/or by other states listed in Annex III and/or nationals of such other states.

         Article 3
   Refusal, revocation, suspension or limitation by Ukraine
   1.   The provisions in paragraph 2 shall supersede the corresponding provisions in the articles listed in Annex III(b), in relation to the refusal, revocation, suspension or limitation of the authorisations or permissions of an air carrier designated by a Member State.
   2.   Ukraine may refuse, revoke, suspend or limit the authorisations or permissions of an air carrier designated by a Member State where:

               (i)

               the air carrier is not established, under the Treaty establishing the European Community, in the territory of the designating Member State or does not have a valid Operating Licence in accordance with European Community law;

               (ii)

               effective regulatory control of the air carrier is not exercised or not maintained by the Member State responsible for issuing its Air Operators Certificate, or the relevant aeronautical authority is not clearly identified in the designation; or

               (iii)

               the air carrier is not owned, directly or through majority ownership, or it is not effectively controlled by Member States and/or nationals of Member States, and/or by other states listed in Annex III and/or nationals of such other states.

         In exercising its right under this paragraph, Ukraine shall not discriminate between Community air carriers on the grounds of nationality.
   Article 4
   Safety
   1.   The provisions in paragraph 2 shall complement the articles listed in Annex II(c).
   2.   Where a Member State has designated an air carrier whose effective regulatory control is exercised and maintained by another Member State, the rights of Ukraine under the safety provisions of the agreement between the Member State that has designated the air carrier and Ukraine 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 5
   Taxation of aviation fuel
   1.   The provisions in paragraph 2 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 Ukraine that operates between a point in the territory of that Member State and another point in the territory of that Member State or in the territory of another Member State.
   Article 6
   Tariffs for carriage
   1.   The provisions in paragraph 2 shall complement the articles listed in Annex II(e).
   2.   The tariffs to be charged by the air carrier(s) designated by Ukraine under an agreement listed in Annex I containing a provision listed in Annex II(e) for carriage wholly within the European Community shall be subject to European Community law.
   Article 7
   Annexes
   The Annexes to this Agreement shall form an integral part thereof.
   Article 8
   Revision or amendment
   The Parties may, at any time, revise or amend this Agreement by mutual consent.
   Article 9
   Entry into force
   1.   This Agreement shall enter in force on the date of the receipt of the latest written notification of the Parties on the completion of their internal procedures necessary for the entry into force of this Agreement.
   2.   This Agreement shall apply to all Agreements listed in Annex I(b) upon their entry into force.
   Article 10
   Termination
   1.   Should an agreement listed in Annex I be terminated, all provisions of this Agreement that relate to the agreement listed in Annex I concerned shall terminate at the same time.
   2.   Should all agreements listed in Annex I be terminated, this Agreement shall terminate at the same time.
   Article 11
   Registration
   This Agreement and amendments thereto shall be registered with the International Civil Aviation Organisation.

      IN WITNESS WHEREOF, the undersigned, being duly authorised, have signed this Agreement.
      Hecho en Kiev, el uno de diciembre de dos mil cinco.
      V Kyjevě dne prvního prosince dva tisíce pět.
      Udfærdiget i Kiev den første december to tusind og fem.
      Geschehen zu Kiew am ersten Dezember zweitausendundfünf.
      Kahe tuhande viienda aasta detsembrikuu esimesel päeval Kiievis.
      Κίεβο, μiα Δεκεμβρίου δύο χιλιάδες πέντε.
      Done at Kiev, on the first day of December, in the year two thousand and five.
      Fait à Kiev, le premier décembre deux mille cinq.
      Fatto a Kiev, addì primo dicembre duemilacinque.
      Kijevā, divtūkstoš piektā gada pirmajā decembrī.
      Priimta du tūstančiai penktų metų gruodžio pirmą dieną Kijeve.
      Kelt Kievben, a kettőezerötödik év december első napján.
      Magħmul f' Kiev, fl-ewwel jum ta' Diċembru tas-sena elfejn u ħamsa.
      Gedaan te Kiev, de eerste december tweeduizend vijf.
      Sporządzono w Kijowie dnia pierwszego grudnia roku dwutysięcznego piątego.
      Feito em Kiev, em um de Dezembro de dois mil e cinco.
      V Kyjeve dňa prvého decembra dvetisícpät'.
      V Kijevu, prevega decembra leta dva tisoč pet.
      Tehty Kiovassa ensimmäisenä päivänä joulukuuta vuonna kaksituhattaviisi.
      Som skedde i Kiev den första december tjugohundrafem.

            Pour le Royaume de Belgique

            Voor het Koninkrijk België

            Für das Königreich Belgien

            Za Českou republiku

            På Kongeriget Danmarks vegne

            Für die Bundesrepublik Deutschland

            Eesti Vabariigi nimel

            Για την Ελληνική Δημοκρατία

            Por el Reino de España

            Pour la République française

            Thar cheann Na hÉireann

            For Ireland

            Per la Repubblica italiana

            Για την Κυπριακή Δημοκρατία

            Latvijas Republikas vārdā

            Lietuvos Respublikos vardu

            Pour le Grand-Duché de Luxembourg

            A Magyar Köztársaság részéről

            Għar-Repubblika ta' Malta

            Voor het Koninkrijk der Nederlanden

            Für die Republik Österreich

            W imieniu Rzeczypospolitej Polskiej

            Pela República Portuguesa

            Za Republiko Slovenijo

            Za Slovenskú republiku

            Suomen tasavallan puolesta

            För Republiken Finland

            För Konungariket Sverige

            For the United Kingdom of Great Britain and Northern Ireland

         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
         Za Európske spoločenstvo
         Za Evropsko skupnost
         Euroopan yhteisön puolesta
         På Europeiska gemenskapens vägnar

   ANNEX I
   List of agreements referred to in Article 1 of this Agreement

               (a)

               Air services agreements between Ukraine and Member States of the European Community which, at the date of signature of this Agreement, have entered into force or have been signed; and other arrangements between Ukraine and Member States that are being applied provisionally:

                           —

                           Air Transport Agreement between the Austrian Federal Government and the Government of Ukraine done at Vienna on 15 June 1994, hereinafter referred to ‘Ukraine-Austria Agreement’ in Annex II,
                           Last modified by Agreed Minutes done at Vienna on 22 April 2005,

                           —

                           Agreement between the Government of the Kingdom of Belgium and the Government of Ukraine on Air Transport signed at Kyiv on 20 May 1996, hereinafter referred to ‘Ukraine-Belgium Agreement’ in Annex II,
                           Last modified by Memorandum of Understanding done at Brussels on 6 February 2004,

                           —

                           Air Transport Agreement between the Government of the Czech Republic and the Government of Ukraine signed at Kyiv on 1 July 1997, hereinafter referred to ‘Ukraine-Czech Republic Agreement’ in Annex II,

                           —

                           Air Services Agreement between the Government of the Republic of Cyprus and the Government of Ukraine done at Kyiv on 21 February 2000, hereinafter referred to ‘Ukraine-Cyprus Agreement’ in Annex II,

                           —

                           Air Services Agreement between the Government of the Kingdom of Denmark and the Government of Ukraine done at Kyiv on 27 March 2001, hereinafter referred to ‘Ukraine-Denmark Agreement’ in Annex II,

                           —

                           Air Transport Agreement between the Government of the Federal Republic of Germany and the Government of Ukraine done at Kyiv on 10 June 1993, hereinafter referred to ‘Ukraine-Germany Agreement’ in Annex II,

                           —

                           Air Services Agreement between the Government of the Republic of Estonia and the Government of Ukraine done at Tallinn on 6 July 1993, hereinafter referred to ‘Ukraine-Estonia Agreement’ in Annex II,

                           —

                           Agreement between the Government of the Republic of Finland and the Government of Ukraine relating to Air Services done at Helsinki on 5 June 1995, hereinafter referred to ‘Ukraine-Finland Agreement’ in Annex II,

                           —

                           Agreement between the Government of the Republic of France and the Government of Ukraine relating to Air Services done at Kyiv on 3 May 1994, hereinafter referred to ‘Ukraine-France Agreement’ in Annex II,

                           —

                           Air Transport Agreement between the Government of the Hellenic Republic and the Government of Ukraine done at Kyiv on 15 December 1997, hereinafter referred to ‘Ukraine-Greece Agreement’ in Annex II,

                           —

                           Air Transport Agreement between the Government of the Republic of Hungary and the Government of Ukraine done at Kyiv on 19 May 1995, hereinafter referred to ‘Ukraine-Hungary Agreement’ in Annex II,

                           —

                           Air Services Agreement between the Government of the Republic of Italy and the Government of Ukraine done at Rome on 2 May 1995, hereinafter referred to ‘Ukraine-Italy Agreement’ in Annex II,

                           —

                           Air Transport Agreement between the Government of the Republic of Latvia and the Government of Ukraine done at Riga on 23 May 1995, hereinafter referred to ‘Ukraine-Latvia Agreement’ in Annex II,

                           —

                           Air Services Agreement between the Government of the Republic of Lithuania and the Government of Ukraine done at Vilnius on 7 July 1993, hereinafter referred to ‘Ukraine-Lithuania Agreement’ in Annex II,
                           Last modified by Protocol signed at Vilnius on 26 May 2003,

                           —

                           Agreement between the Government of the Grand Duchy of Luxembourg and the Government of Ukraine relating to Air Services done at Luxembourg on 14 June 1994, hereinafter referred to ‘Ukraine-Luxembourg Agreement’ in Annex II,

                           —

                           Agreement between the Kingdom of the Netherlands and Ukraine for Air Services done at Kyiv on 7 September 1993, hereinafter referred to ‘Ukraine-Netherlands Agreement’ in Annex II,

                           —

                           Agreement between the Government of the Republic of Poland and the Government of Ukraine relating to Air Services done at Warsaw on 20 January 1994, hereinafter referred to ‘Ukraine-Poland Agreement’ in Annex II,

                           —

                           Air Services Agreement between the Government of the Slovak Republic and the Government of Ukraine done in Bratislava on 23 May 1994, hereinafter referred to ‘Ukraine-Slovak Republic Agreement’ in Annex II,

                           —

                           Air Services Agreement between the Government of the Republic of Slovenia and the Government of Ukraine done in Ljubljana on 30 March 1999, hereinafter referred to ‘Ukraine-Slovenia Agreement’ in Annex II,

                           —

                           Air Transport Agreement between the Government of Spain and the Government of Ukraine done at Madrid on 7 October 1996, hereinafter referred to ‘Ukraine-Spain Agreement’ in Annex II,

                           —

                           Air Services Agreement between the Government of the Kingdom of Sweden and the Government of Ukraine done at Kyiv on 27 March 2001, hereinafter referred to ‘Ukraine-Sweden Agreement’ in Annex II,

                           —

                           Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ukraine concerning Air Services signed in London on 10 February 1993, hereinafter referred to ‘Ukraine-United Kingdom Agreement’ in Annex II;

               (b)

               Air service agreements between Ukraine and Member States of the European Community which, at the date of signature of this Agreement, have been initialled:

                           —

                           Agreement between the Government of Ireland and the Government of Ukraine on Air Transport initialled at Dublin on 10 December 1992, hereinafter referred to ‘Ukraine-Ireland Agreement’ in Annex II,

                           —

                           Agreement between the Government of the Republic of Malta and the Cabinet of Ministers of Ukraine relating to Air Services initialled in Luqa on 17 June 1998, hereinafter referred to ‘Ukraine-Malta Agreement’ in Annex II,

                           —

                           Air Transport Agreement between the Government of the Portuguese Republic and the Cabinet of Ministers of Ukraine initialled at Lisbon on 18 October 2000, hereinafter referred to ‘Ukraine-Portugal Agreement’ in Annex II.

         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 by a Member State:

                           —

                           Article 3, Paragraph 5 of the Ukraine-Austria Agreement,

                           —

                           Article 3, Paragraph 4 of the Ukraine-Czech Republic Agreement,

                           —

                           Article 3, Paragraph 4 of the Ukraine-Denmark Agreement,

                           —

                           Article 3, Paragraph 4 of the Ukraine-Germany Agreement,

                           —

                           Article 4, Paragraph 4 of the Ukraine-Estonia Agreement,

                           —

                           Article 3, Paragraph 4 of the Ukraine-Finland Agreement,

                           —

                           Article 4, Paragraph 3 of the Ukraine-France Agreement,

                           —

                           Article 3, Paragraph 4 of the Ukraine-Greece Agreement,

                           —

                           Article 3, Paragraph 4 of the Ukraine-Hungary Agreement,

                           —

                           Article 3, Paragraph 3 of the Ukraine-Ireland Agreement,

                           —

                           Article 4, Paragraph 4 of the Ukraine-Italy Agreement,

                           —

                           Article 3, Paragraph 4 of the Ukraine-Latvia Agreement,

                           —

                           Article 4, Paragraph 4 of the Ukraine-Lithuania Agreement,

                           —

                           Article 3, Paragraph 4 of the Ukraine-Malta Agreement,

                           —

                           Article 3, Paragraph 4 of the Ukraine-Netherlands Agreement,

                           —

                           Article 4, Paragraph 4 of the Ukraine-Poland Agreement,

                           —

                           Article 3, Paragraph 4 of the Ukraine-Portugal Agreement,

                           —

                           Article 4, Paragraph 4 of the Ukraine-Slovak Republic Agreement,

                           —

                           Article 3, Paragraph 4 of the Ukraine-Slovenia Agreement,

                           —

                           Article III, Paragraph 4 of the Ukraine-Spain Agreement,

                           —

                           Article 3, Paragraph 4 of the Ukraine-Sweden Agreement,

                           —

                           Article 4, Paragraph 4 of the Ukraine-United Kingdom Agreement.

               (b)

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

                           —

                           Article 4, Paragraph 1(a) of the Ukraine-Austria Agreement,

                           —

                           Article 5, Paragraph 1(d) of the Ukraine-Belgium Agreement,

                           —

                           Article 4, Paragraph 1(a) of the Ukraine-Czech Republic Agreement,

                           —

                           Article 5, Paragraph 1(a) of the Ukraine-Cyprus Agreement,

                           —

                           Article 4, Paragraph 1(a) of the Ukraine-Denmark Agreement,

                           —

                           Article 5, Paragraph 1(a) of the Ukraine-Estonia Agreement,

                           —

                           Article 4, Paragraph 1(a) of the Ukraine-Finland Agreement,

                           —

                           Article 5, Paragraph 1(a) of the Ukraine-France Agreement,

                           —

                           Article 4, Paragraph 1(b) of the Ukraine-Greece Agreement,

                           —

                           Article 4, Paragraph 1(a) of the Ukraine-Hungary Agreement,

                           —

                           Article 5, Paragraph 1(a) of the Ukraine-Italy Agreement,

                           —

                           Article 5, Paragraph 1(a) of the Ukraine-Lithuania Agreement,

                           —

                           Article 4, Paragraph 1(c) of the Ukraine-Luxembourg Agreement,

                           —

                           Article 4, Paragraph 1(a) of the Ukraine-Malta Agreement,

                           —

                           Article 4, Paragraph 1(c) of the Ukraine-Netherlands Agreement,

                           —

                           Article 5, Paragraph 1(a) of the Ukraine-Poland Agreement,

                           —

                           Article 4, Paragraph 1(a) of the Ukraine-Portugal Agreement,

                           —

                           Article 5, Paragraph 1(a) of the Ukraine-Slovak Republic Agreement,

                           —

                           Article 4, Paragraph 1(a) of the Ukraine-Slovenia Agreement,

                           —

                           Article IV, Paragraph 1(a) of the Ukraine-Spain Agreement,

                           —

                           Article 4, Paragraph 1(a) of the Ukraine-Sweden Agreement,

                           —

                           Article 5, Paragraph 1(a) of the Ukraine-United Kingdom Agreement.

               (c)

               Safety:

                           —

                           Article 9a of the Ukraine-Austria Agreement,

                           —

                           Article 7 of the Ukraine-Belgium Agreement,

                           —

                           Article 9 of the Ukraine-Czech Republic Agreement,

                           —

                           Article 14a of the Ukraine-Denmark Agreement,

                           —

                           Article 6 of the Ukraine-Estonia Agreement,

                           —

                           Article 9 of the Ukraine-France Agreement,

                           —

                           Article 8 of the Ukraine-Greece Agreement,

                           —

                           Article 5 of the Ukraine-Hungary Agreement,

                           —

                           Article 7 of the Ukraine-Ireland Agreement,

                           —

                           Article 10 of the Ukraine-Italy Agreement,

                           —

                           Article 16a of the Ukraine-Lithuania Agreement,

                           —

                           Article 6 of the Ukraine-Luxembourg Agreement,

                           —

                           Article 8 of the Ukraine-Malta Agreement,

                           —

                           Article 13 of the Ukraine-Netherlands Agreement,

                           —

                           Article 15 of the Ukraine-Portugal Agreement,

                           —

                           Article 6 of the Ukraine-Slovak Republic Agreement,

                           —

                           Article 6 of the Ukraine-Slovenia Agreement,

                           —

                           Article XI of the Ukraine-Spain Agreement,

                           —

                           Article 14bis of the Ukraine-Sweden Agreement.

               (d)

               Taxation of aviation fuel:

                           —

                           Article 7 of the Ukraine-Austria Agreement,

                           —

                           Article 10 of the Ukraine-Belgium Agreement,

                           —

                           Article 10 of the Ukraine-Czech Republic Agreement,

                           —

                           Article 7 of the Ukraine-Cyprus Agreement,

                           —

                           Article 6 of the Ukraine-Denmark Agreement,

                           —

                           Article 6 of the Ukraine-Germany Agreement,

                           —

                           Article 12 of the Ukraine-Estonia Agreement,

                           —

                           Article 11 of the Ukraine-Finland Agreement,

                           —

                           Article 11 of the Ukraine-France Agreement,

                           —

                           Article 11 of the Ukraine-Greece Agreement,

                           —

                           Article 11 of the Ukraine-Hungary Agreement,

                           —

                           Article 11 of the Ukraine-Ireland Agreement,

                           —

                           Article 6 of the Ukraine-Italy Agreement,

                           —

                           Article 6 of the Ukraine-Latvia Agreement,

                           —

                           Article 12 of the Ukraine-Lithuania Agreement,

                           —

                           Article 8 of the Ukraine-Luxembourg Agreement,

                           —

                           Article 5 of the Ukraine-Malta Agreement,

                           —

                           Article 9 of the Ukraine-Netherlands Agreement,

                           —

                           Article 12 of the Ukraine-Poland Agreement,

                           —

                           Article 6 of the Ukraine-Portugal Agreement,

                           —

                           Article 12 of the Ukraine-Slovak Republic Agreement,

                           —

                           Article 8 of the Ukraine-Slovenia Agreement,

                           —

                           Article V of the Ukraine-Spain Agreement,

                           —

                           Article 6 of the Ukraine-Sweden Agreement,

                           —

                           Article 8 of the Ukraine-United Kingdom Agreement.

               (e)

               Tariffs for carriage:

                           —

                           Article 11 of the Ukraine-Austria Agreement,

                           —

                           Article 12 of the Ukraine-Belgium Agreement,

                           —

                           Article 14 of the Ukraine-Czech Republic Agreement,

                           —

                           Article 14 of the Ukraine-Cyprus Agreement,

                           —

                           Article 11 of the Ukraine-Denmark Agreement,

                           —

                           Article 10 of the Ukraine-Germany Agreement,

                           —

                           Article 11 of the Ukraine-Estonia Agreement,

                           —

                           Article 10 the Ukraine-Finland Agreement,

                           —

                           Article 17 of the Ukraine-France Agreement,

                           —

                           Article 14 of the Ukraine-Greece Agreement,

                           —

                           Article 10 of the Ukraine-Hungary Agreement,

                           —

                           Article 6 of the Ukraine-Ireland Agreement,

                           —

                           Article 8 of the Ukraine-Italy Agreement,

                           —

                           Article 10 of the Ukraine-Latvia Agreement,

                           —

                           Article 10 of the Ukraine-Lithuania Agreement,

                           —

                           Article 10 of the Ukraine-Luxembourg Agreement,

                           —

                           Article 11 of the Ukraine-Malta Agreement,

                           —

                           Article 5 of the Ukraine-Netherlands Agreement,

                           —

                           Article 11 of the Ukraine-Poland Agreement,

                           —

                           Article 18 of the Ukraine-Portugal Agreement,

                           —

                           Article 11 of the Ukraine-Slovak Republic Agreement,

                           —

                           Article 12 of the Ukraine-Slovenia Agreement,

                           —

                           Article VII of the Ukraine-Spain Agreement,

                           —

                           Article 11 of the Ukraine-Sweden Agreement,

                           —

                           Article 7 of the Ukraine-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).

         ANNEX IV
   Definitions
   The expression ‘Member State’ means any Member State of the European Community.
   The expression ‘Establishment of a Community air carrier (airline) on the territory of a Member State’ implies the effective and real exercise of air transport activity through stable arrangements. The legal form of such an establishment, whether a branch or a subsidiary with legal personality, should not be the determining factor in this respect.
   The expression ‘Operating licence’ means an authorisation granted by the Member State responsible to an undertaking, permitting it to carry out carriage by air of passengers, mail and/or cargo, as stated in the operating licence, for remuneration and/or hire.
   The expression ‘Air operator’s certificate’ means a document issued to an undertaking or a group of undertakings by the competent authorities which affirms that the operator in question has the professional ability and organisation to secure the safe operation of aircraft for the aviation activities specified in the certificate.
   Evidence of ‘effective regulatory control’ is predicated upon but is not limited to: the air carrier holds a valid Operating Licence issued by the competent authorities, and meets the criteria for the operation of international air services established by the competent authorities, such as proof of financial fitness, ability to meet, where relevant, public interest requirement, obligations for assurance of service etc., and the licensing Member State has and maintains aviation safety and security oversight programmes in compliance with standards of the International Civil Aviation Organisation at least.


Avis juridique important

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31997D0533

97/533/EC: Decision No 164 of 27 November 1996 on the model forms necessary for the application of Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 (E 101 and E 102) (Text with EEA relevance)

Official Journal L 216 , 08/08/1997 P. 0085 - 0094

DECISION No 164 of 27 November 1996 on the model forms necessary for the application of Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 (E 101 and E 102) (Text with EEA relevance) (97/533/EC)THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS,Having regard to Article 81 (a) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their family moving within the Community (1), under which it is the duty of the Administrative Commission to deal with all administrative matters arising from Regulation (EEC) No 1408/71 and subsequent regulations,Having regard to Article 2 (1) of Council Regulation (EEC) No 574/72 of 21 March 1972 fixing the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons and their families moving within the Community (2), under which it is the duty of the Administrative Commission to draw up models of certificates, certified statements, declarations, applications and other documents necessary for the application of the regulations,Whereas, the model forms should be adapted for the purpose of taking account of Decision No 162;Whereas, these model forms should be adapted with a view to their utilization in the Community as enlarged through the accession of Austria, Finland and Sweden;Whereas the Agreement on the European Economic Area of 2 May 1992, as amended by the Protocol of 17 March 1993, Annex VI, implements Regulations (EEC) No 1408/71 and (EEC) No 574/72 within the European Economic Area;Whereas by Decision of the EEA Joint Committee the model forms necessary for the application of Regulations (EEC) No 1408/71 and (EEC) No 574/72 will be adapted and implemented within the European Economic Area;Whereas for practical reasons identical forms should be used within the Community and within the European Economic Area;Whereas the language in which the forms should be drawn up has been decided by Recommendation No 15 of the Administrative Commission,HAS DECIDED AS FOLLOWS:1. The model forms E 101 and E 102 printed in Decision No 130 of 17 October 1985 shall be replaced by the models appended hereto.2. The competent authorities of the Member States shall make available to the person concerned (rightful claimants, institutions, employers, etc.) the forms according to the attached models.3. Each form shall be available in the official languages of the Community and laid out in such manner that the different versions are perfectly superposable, thereby making it possible for each person or body to which a form is addressed (rightful claimant, institution, employer, etc.) to receive the form printed in their own language.4. This Decision which replaces Decision No 130 of 17 October 1985 shall be applicable from the first day of the month following its publication in the Official Journal of the European Communities.Denis CROWLEYThe Chairman of the Administrative Commission>START OF GRAPHIC>>END OF GRAPHIC>>START OF GRAPHIC>>END OF GRAPHIC>


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31999D0445

1999/445/EC, ECSC: Council and Commission Decision of 29 April 1999 concerning the conclusion of the Agreement between the European Communities and the Government of Canada regarding the application of their competition laws

Official Journal L 175 , 10/07/1999 P. 0049 - 0049

COUNCIL AND COMMISSION DECISIONof 29 April 1999concerning the conclusion of the Agreement between the European Communities and the Government of Canada regarding the application of their competition laws(1999/445/EC, ECSC)THE COUNCIL OF THE EUROPEAN UNION,THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community, and in particular Articles 87 and 235, in conjunction with the first subparagraph of Article 228(3) thereof,Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Articles 65 and 66 thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament(1),(1) Whereas Article 235 of the Treaty must be invoked owing to the inclusion in the text of the Agreement of mergers and acquisitions which are covered by Council Regulation (EEC) No 4064/89 of 21 December 1989 on the control of concentrations between undertakings(2), which is essentially based on Article 235;(2) Whereas, given the increasingly pronounced international dimension to competition problems, international cooperation in this field should be strengthened;(3) Whereas, to this end, the Commission has negotiated an Agreement with the Government of Canada on the application of the competition rules of the European Communities and of Canada;(4) Whereas the Agreement, including the Exchange of Letters, should be approved,HAS DECIDED AS FOLLOWS:Article 1The Agreement between the European Communities and the Government of Canada regarding the application of their competition laws, including the Exchange of Letters, is hereby approved on behalf of the European Community and the European Coal and Steel Community.The text of the Agreement and of the Exchange of Letters, drawn up in the Danish, German, English, Spanish, Finnish, French, Greek, Italian, Dutch, Portuguese and Swedish languages are attached do this Decision.Article 2The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the European Community.The President of the Commission is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the European Coal and Steel Community.Done at Luxembourg, 29 April 1999.For the CouncilThe PresidentW. MÜLLERFor the CommissionThe PresidentJ. SANTOR(1) OJ C 150, 28.5.1999.(2) OJ L 395, 30.12.1989, p. 1 (corrected version: OJ L 257, 21.9.1990, p. 13).


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31977D0528

77/528/EEC: Commission Decision of 29 July 1977 on the Advisory Committee on Questions of Agricultural Structure Policy

Official Journal L 209 , 17/08/1977 P. 0032 - 0032 Greek special edition: Chapter 03 Volume 19 P. 0071  Spanish special edition: Chapter 03 Volume 13 P. 0035  Portuguese special edition Chapter 03 Volume 13 P. 0035

****( 1 ) OJ NO 134 , 20 . 8 . 1964 , P . 2256/64 .  ( 2 ) OJ NO 132 , 20 . 7 . 1965 , P . 2209/65 .  ( 3 ) OJ NO L 273 , 6 . 10 . 1976 , P . 20 .   COMMISSION DECISION   OF 29 JULY 1977   ON THE ADVISORY COMMITTEE ON QUESTIONS OF AGRICULTURAL STRUCTURE POLICY  ( 77/528/EEC )   THE COMMISSION OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   WHEREAS AN ADVISORY COMMITTEE ON QUESTIONS OF AGRICULTURAL STRUCTURE POLICY WAS SET UP BY COMMISSION DECISION 64/488/EEC OF 29 JULY 1964 ( 1 ), AS AMENDED BY DECISION 65/371/EEC OF 8 JULY 1965 ( 2 ), AND SUBSEQUENTLY REPLACED BY COMMISSION DECISION 76/784/EEC OF 17 SEPTEMBER 1976 ON THE ADVISORY COMMITTEE ON QUESTIONS OF AGRICULTURAL STRUCTURE POLICY ( 3 ),   WHEREAS THE TEXT REQUIRES ANOTHER AMENDMENT ,   HAS DECIDED AS FOLLOWS :   ARTICLE 1   ARTICLE 3 OF DECISION 76/784/EEC IS HEREBY AMENDED AS FOLLOWS :   ' ARTICLE 3   1 .  THE COMMITTEE SHALL CONSIST OF 46 MEMBERS .   2 .  SEATS ON THE COMMITTEE SHALL BE APPORTIONED AS FOLLOWS :   -  14 SEATS TO FARMERS '  REPRESENTATIVES INCLUDING FOUR TO REPRESENTATIVES OF YOUNG FARMERS ,   -  SEVEN TO REPRESENTATIVES OF AGRICULTURAL COOPERATIVES ,   -  TWO TO REPRESENTATIVES OF AGRICULTURAL LANDOWNERS ,   -  TWO TO REPRESENTATIVES OF RURAL FAMILIES ,   -  FOUR TO AGRICULTURAL CREDIT INSTITUTIONS ,   -  SEVEN TO REPRESENTATIVES OF AGRICULTURAL WORKERS ,   -  THREE TO REPRESENTATIVES OF INDUSTRY ,   -  THREE TO REPRESENTATIVES OF TRADE ,   -  FOUR TO REPRESENTATIVES OF NON-AGRICULTURAL PAID WORKERS ' .   ARTICLE 2   THIS DECISION SHALL ENTER INTO FORCE ON 29 JULY 1977 .   DONE AT BRUSSELS , 29 JULY 1977 .   FOR THE COMMISSION   FINN GUNDELACH   VICE-PRESIDENT


title: 2006/835/EC: Decision of the European Parliament of 27 April 2006 on the closure of the accounts of the Translation Centre for the bodies of the European Union for the financial year 2004

text:
               6.12.2006

               EN

               Official Journal of the European Union

               L 340/103

         DECISION OF THE EUROPEAN PARLIAMENT
   of 27 April 2006
   on the closure of the accounts of the Translation Centre for the bodies of the European Union for the financial year 2004
   (2006/835/EC)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the Translation Centre for the bodies of the European Union for the financial year 2004 (1),

               —

               having regard to the Court of Auditors' report on the annual accounts of the Translation Centre for the bodies of the European Union for the financial year 2004, together with the Centre's replies (2),

               —

               having regard to the Council's recommendation of 14 March 2006 (5972/2006 — C6-0093/2006),

               —

               having regard to the EC Treaty, and in particular Article 276 thereof,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,

               —

               having regard to Council Regulation (EC) No 2965/94 of 28 November 1994 setting up a Translation Centre for the bodies of the European Union (4), and in particular Article 14 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Article 94 thereof,

               —

               having regard to Rule 71 of and Annex V to its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A6-0100/2006),

               1.

               Notes the following figures for the accounts of the Translation Centre for the bodies of the European Union for the financial years 2004 and 2003:
               Revenue and expenditure account for the financial years 2004 and 2003

                           (1000 EUR)

                           2004

                           2003

                           Operating revenue

                           Invoicing for the financial year

                           23 423

                           22 075

                           Miscellaneous revenue

                           150

                           223

                              Total (a)

                              23 573

                              22 298

                           Operating expenditure

                           Current expenses

                           11 929

                           10 347

                           Buildings, equipment and sundry operating expenditure

                           2 734

                           2 095

                           Operational expenditure

                           5 919

                           3 618

                           Allocation to provisions

                           1 410

                           2 195

                              Total (b)

                              21 992

                              18 255

                              Operating result (c = a - b)

                              1 581

                              4 043

                           Financial income

                           Bank interest

                           387

                           387

                           Exchange-rate gain

                           1

                           1

                              Total (d)

                              388

                              388

                           Financial expenses

                           Bank charges

                           7

                           10

                              Total (e)

                              7

                              10

                              Financial result (f = d - e)

                              381

                              378

                              Result for ordinary activities (g = c + f)

                              1 962

                              4 421

                           Exceptional income (h)

                           2 230

                           19

                           Exceptional expenses (i)

                           0

                           9

                              Exceptional result (j = h - i)

                              2 230

                              10

                              Result for the financial year (g + j)

                              4 192

                              4 431

               2.

               Approves the closure of the accounts of the Translation Centre for the bodies of the European Union for the financial year 2004;

               3.

               Instructs its President to forward this decision to the Director of the Translation Centre for the bodies of the European Union, the Council, the Commission and the Court of Auditors and to have it published in the Official Journal of the European Union (L series).

            The President

         Josep BORRELL FONTELLES

            The Secretary-General

         Julian PRIESTLEY

      (1)  OJ C 269, 28.10.2005, p. 25.

      (2)  OJ C 332, 28.12.2005, p. 53.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 314, 7.12.1994, p. 1. Regulation as last amended by Regulation (EC) No 1645/2003 (OJ L 245, 29.9.2003, p. 13).

      (5)  OJ L 357, 31.12.2002, p. 72. Regulation as amended by Regulation (EC, Euratom) No 1261/2005 (OJ L 201, 2.8.2005, p. 3).
    ---documentbreak---

               6.12.2006

               EN

               Official Journal of the European Union

               L 340/105

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   with comments forming an integral part of the decision on the discharge for the implementation of the budget of the Translation Centre for the bodies of the European Union for the financial year 2004
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the Translation Centre for the bodies of the European Union for the financial year 2004 (1),

               —

               having regard to the Court of Auditors' report on the annual accounts of the Translation Centre for the bodies of the European Union for the financial year 2004, together with the Centre's replies (2),

               —

               having regard to the Council's recommendation of 14 March 2006 (5972/2006 — C6-0093/2006),

               —

               having regard to the EC Treaty, and in particular Article 276 thereof,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,

               —

               having regard to Council Regulation (EC) No 2965/94 of 28 November 1994 setting up a Translation Centre for the bodies of the European Union (4), and in particular Article 14 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Article 94 thereof,

               —

               having regard to Rule 71 of and Annex V to its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A6-0100/2006),

               A.

               whereas the Court of Auditors stated that it had obtained reasonable assurance that the annual accounts for the financial year ended 31 December 2004 were reliable and that, except for a number of irregularities noted in the award of contracts, the underlying transactions, taken as a whole, were legal and regular,

               B.

               whereas the Court of Auditors states that it has obtained reasonable assurance from all the agencies, excepting the express reservations in respect of the 2004 financial year concerning the European Agency for Reconstruction, the European Centre for the Development of Vocational Training, the European Training Foundation, the European Monitoring Centre on Racism and Xenophobia and the European Food Safety Authority,

               C.

               whereas on 12 April 2005 Parliament gave discharge to the Director in respect of the implementation of the Centre's budget for the 2003 financial year (6) and in its resolution containing the comments accompanying the discharge decision (7) it inter alia urged the Centre to make further efforts to resolve the problems concerning pension contributions,

               1.

               Recalls that, under Article 185 of the Financial Regulation, Parliament shall give discharge for the implementation of the budgets of the bodies set up by the Communities and having legal personality which actually receive grants charged to the budget; points out, however, that not all of these bodies are fully, or even partially, funded via grants charged to the budget; emphasises that the discharge decision therefore covers both the budget and the non-budget funding of these bodies; considers it unacceptable that some of the bodies set up by the Union are accountable for the expenditure of income received from sources other than the budget whilst others, which do not receive a subsidy from the budget, are not; affirms the principle that all Community agencies, whether or not they are subsidised, are subject to discharge by Parliament, even when another discharge authority intervenes in accordance with their basic texts; takes the view that there is a need to review all texts that go against this principle;

               2.

               Finds table 1 of the Court of Auditors' report, introduced for the first time during the 2003 discharge exercise, which summarises the Centre's powers and responsibilities, governance, resources, activities and services provided, of great value; notes that the information contained in table 1 is supplied by the Centre; asks the Court of Auditors to verify the contents of table 1;

               3.

               Insists that as well as spending money properly, agencies should also strive to spend money as efficiently and effectively as possible; invites the Court of Auditors to consider the possibility of extending its specific annual reports on the agencies to include an examination of performance and achievement of objectives; in this context and in line with its resolutions on the 2003 discharge, insists that the following aspects be taken into account: that duplication of work among the agencies must be avoided as much as possible and that measures designed to improve transparency and communication with the public must be clarified, along with Community affirmative action measures at all levels of recruitment, training and the assignment of responsibilities;

               4.

               Notes that Community agencies do not always have a good image or good press and that many of them do not deserve such a negative image; points out that EU citizens should be made aware of this, with appropriate means being used to explain as often as is necessary the raisons d'être and achievements of the agencies; calls on the Commission to act accordingly, using whatever means it considers necessary;

               5.

               Notes that the enlargement of the European Union in 2004 has affected the structures and operating arrangements of the Community agencies in many ways, and that several of the agencies draw attention to these effects in their activity reports, focusing in particular on the increase in the number of administrators; calls on the Commission to assess the real or supposed problems encountered and to recommend the regulatory changes required;

               6.

               Notes that the Commission has made a commitment to harmonising the way in which activity reports concerning its directorates-general are presented; calls for a similar approach to be taken in respect of the activity reports of the Communities' agencies, which differ significantly in terms of content; calls on the Commission to point out to the Communities' agencies the information and activity indicators that they must provide;

               7.

               Notes the high level of appropriations cancelled by the Centre in 2004; insists that the Centre improve its estimates in order that the budget as implemented more closely resembles the budget adopted by the budgetary authority;

               8.

               Is disappointed to note that the conflict concerning payment of employer's pension contributions has still not been resolved; urges the Centre to step up its efforts to settle this dispute;

               9.

               Calls on the Commission to help the agencies follow as closely as possible the work plan agreed for the year ahead, allowing activities to be properly planned and implemented, and particularly to avoid major, last-minute changes to the work load;

               10.

               Asks the Commission to improve synergies between agencies by making cooperation more effective, avoiding duplication of work and addressing shortcomings, in particular as regards common areas such as training, the implementation of Community policies across the board, the use of the latest management systems and solving problems relating to sound management of the budget.

      (1)  OJ C 269, 28.10.2005, p. 25.

      (2)  OJ C 332, 28.12.2005, p. 53.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 314, 7.12.1994, p. 1. Regulation as last amended by Regulation (EC) No 1645/2003 (OJ L 245, 29.9.2003, p. 13).

      (5)  OJ L 357, 31.12.2002, p. 72. Regulation as amended by Regulation (EC, Euratom) No 1261/2005 (OJ L 201, 2.8.2005, p. 3).

      (6)  OJ L 196, 27.7.2005, p. 100.

      (7)  OJ L 196, 27.7.2005, p. 101.


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31999D0194

1999/194/EC: Council Decision of 22 February 1999 concerning the conclusion of a framework Cooperation Agreement between the European Economic Community and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama

Official Journal L 063 , 12/03/1999 P. 0038 - 0038

COUNCIL DECISION of 22 February 1999 concerning the conclusion of a framework Cooperation Agreement between the European Economic Community and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama (1999/194/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Articles 113 and 130y, in conjunction with Article 228(2), first sentence and (3), first paragraph thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the European Parliament (2),Whereas the Community, for the attainment of its aims in the sphere of external economic relations, should approve the framework Cooperation Agreement with the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama,HAS DECIDED AS FOLLOWS:Article 1 The framework Cooperation Agreement between the European Economic Community and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama is hereby approved on behalf of the Community.The text of the Agreement is attached to this Decision.Article 2 The President of the Council shall give the notification provided for in Article 37 of the Agreement.Article 3 The Commission of the European Communities, assisted by representatives of the Member States, shall represent the Community in the Joint Committee set up by Article 33 of the Agreement.Article 4 This Decision shall enter into force on the day following its publication in the Official Journal of the European Communities.Done at Luxembourg, 22 February 1999.For the CouncilThe PresidentH.-F. von PLOETZ(1) OJ C 77, 18. 3. 1993, p. 30.(2) OJ C 255, 20. 9. 1993, p. 167.