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View Treaty - General Data

GENERAL DATA
Type of Agreement
Bilateral
Official Title
Agreement between the European Community and the Government of Australia on certain aspects of air services
Place of Signature
Brussels
Date of Signature
29/04/2008
Date of Entry Into Force
02/07/2009
Duration
Indefinite
Objective of Agreement
To replace certain provisions in existing bilateral agreements between EU Member States and Australia with a Community agreement recognising that consistency between European Community law and provisions of bilateral air service agreements between Member States of the European Community and Australia will provide a sound legal basis for air services between the European Community and Australia and preserve the continuity of such air services.
Remarks
Provisional application of the Agreement (see Article 7.2):
"Notwithstanding paragraph 1, the Parties agree to provisionally apply this Agreement from the first day of the month following the date on which the Parties have notified each other of the completion of the procedures necessary for this purpose."

International aviation relations between Member States and third countries have traditionally been governed by bilateral air services agreements between Member States and third countries, their Annexes and other related bilateral or multilateral arrangements.

Following the judgements of the Court of Justice of the European Communities in cases C-466/98, C-467/98, C-468/98, C-471/98, C-472/98, C-475/98 and C-476/98 of 5 November 2002 ("Open skies judgements"), the Community has exclusive competence with respect to various aspects of external aviation. The Court of Justice also clarified the right of Community air carriers to benefit from the right of establishment within the Community, including the right to non-discriminatory market access.

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, the Commission has negotiated an agreement with Australia that replaces certain provisions in the existing bilateral air services agreements between Member States and Australia.

Article 2 of the Agreement replaces the traditional designation clauses with a Community designation clause, permitting all Community carriers to benefit from the right of establishment. Article 4 (Pricing) resolves conflicts between the existing bilateral air services agreements and Council Regulation No 2409/92 on fares and rates for air services which prohibits third country carriers from being price leaders on air services for carriage wholly within the Community. A number of bilateral air services agreements have been concluded between several Member States of the European Community and Australia 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 EC Treaty.
OJ Number
L149
OJ Date
07/06/2008
OJ Page
65
Parties to the Agreement
European Community
Australia
Authentic Texts
Finnish
Slovakian
Maltese
Romanian
Slovenian
Hungarian
Spanish
Danish
Swedish
Polish
Latvian
Czech
Greek
Bulgarian
Estonian
German
Lithuanian
French
English
Italian
Portuguese
Dutch
Subject Matters
7226.2113-Oceania
772-Transport
Clause(s)
Management
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Relation and Association with Other Agreements
1262-Agreement between the European Community and Bosnia and Herzegovina on certain aspects of air services
1304-Agreement between the European Community and the Republic of Croatia on certain aspects of air services
1323-Agreement between the European Community and the former Yugoslav Republic of Macedonia on certain aspects of air services
1401-Agreement between the European Community and Ukraine on certain aspects of air services
1423-Agreement between the European Community and the Republic of Moldova on certain aspects of air services
1541-Agreement between the European Community and the government of Georgia on certain aspects of air services
1562-Agreement between the European Community and Romania on certain aspects of air services
1621-Agreement between the European Community and the Republic of Lebanon on certain aspects of air services
1721-Agreement between the European Community and Serbia and Montenegro on certain aspects of air services
2401-Agreement between the European Community and the Oriental Republic of Uruguay on certain aspects of air services
2521-Agreement between the European Community and the Republic of Chile on certain aspects of air services
2561-Agreement between the Council of Ministers of the Republic of Albania and the European Community on certain aspects of air services
2641-Agreement between the European Community and the Republic of Maldives on certain aspects of air services
2661-Multilateral Agreement between the European Community and its Member States, the Republic of Albania, Bosnia and Herzegovina, the Republic of Bulgaria, the Republic of Croatia, the former Yugoslav Republic of Macedonia, the Republic of Iceland, the Republic of Montenegro, the Kingdom of Norway, Romania, the Republic of Serbia and the United Nations Interim Administration Mission in Kosovo on the establishment of a European Common Aviation Area
3541-Agreement between the European Community and the Government of the Republic of Singapore on certain aspects of air services
4081-Agreement between the European Community and the Government of Malaysia on certain aspects of air services
4621-Agreement between the European Community and the Government of the Kyrgyz Republic on certain aspects of air services
4761-Agreement between the European Community and the Republic of Paraguay on certain aspects of air services
6581-Agreement between the European Community and the United Arab Emirates on certain aspects of air services