22006A0520(01)

Agreement between the European Community and the government of Georgia on certain aspects of air services

Official Journal L 134 , 20/05/2006 P. 0024 - 0031

Agreement

between the European Community and the government of Georgia on certain aspects of air services

THE EUROPEAN COMMUNITY,

of the one part, and

THE GOVERNMENT OF GEORGIA

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 Georgia containing provisions contrary to Community law,

NOTING that the European Community has exclusive competence with respect to several aspects that may be included in bilateral air service agreements between Member States of the European Community and third countries,

NOTING that under European Community law Community air carriers established in a Member State have the right to non-discriminatory access to air routes between the Member States of the European Community and third countries,

HAVING REGARD to the agreements between the European Community and certain third countries providing for the possibility for the nationals of such third countries to acquire ownership in air carriers licensed in accordance with European Community law,

RECOGNISING that certain provisions of the bilateral air service agreements between Member States of the European Community and Georgia, 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 Georgia 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 Georgia, 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 Georgia, to affect the balance between Community air carriers and air carriers of Georgia, 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, "Member States" shall mean Member States of the European Community.

2. References in each of the Agreements listed in Annex I to nationals of the Member State that is a party to that Agreement shall be understood as referring to nationals of the Member States of the European Community.

3. References in each of the Agreements listed in Annex I to air carriers or airlines of the Member State that is a party to that Agreement shall be understood as referring to air carriers or airlines designated by that Member State.

4. The granting of traffic rights continues to be carried out through bilateral arrangements.

Article 2

Designation by a Member State

1. The provisions in paragraphs 2 and 3 of this Article shall supersede the corresponding provisions in the Articles listed in Annex II(a) and (b) respectively, in relation to the designation of an air carrier by the Member State concerned, its authorisations and permissions granted by Georgia, and the refusal, revocation, suspension or limitation of the authorisations or permissions of the air carrier, respectively.

2. On receipt of a designation by a Member State, Georgia 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;