HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 264/2
EN
Official Journal of the European Union
8.10.2011
AGREEMENT
between the European Union and the Government of the Republic of Indonesia on certain aspects
of air services
THE EUROPEAN UNION hereinafter referred to as ‘the Union’
of the one part, and
THE GOVERNMENT OF THE REPUBLIC OF INDONESIA hereinafter referred to as ‘Indonesia’
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 Union and
Indonesia containing provisions contrary to the law of the Union,
NOTING that the Union has exclusive competence with respect to several aspects that may be included in bilateral air
service agreements between Member States of the Union and third countries,
NOTING that, under the law of the Union, Union air carriers established in a Member State have the right to non-
discriminatory access to air routes between the Member States of the Union and third countries,
HAVING REGARD to the agreements between the Union 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 the law of the Union,
RECOGNISING that certain provisions of the bilateral air service agreements between Member States of the Union and
Indonesia, which are contrary to Union law, must be brought into conformity with it in order to establish a sound legal
basis for air services between the Union and Indonesia and to preserve the continuity of such air services,
NOTING that under the law of the Union air carriers may not, in principle, conclude agreements which may affect trade
between Member States of the Union and which have as their object or effect the prevention, restriction or distortion of
competition,
RECOGNISING that provisions in bilateral air service agreements concluded between Member States of the Union and
Indonesia which (i) require or favour the adoption of agreements between undertakings, decisions by associations of
undertakings or concerted practices that prevent, distort or restrict competition between air carriers on the relevant
routes; or (ii) reinforce the effects of any such agreement, decision or concerted practice; or (iii) delegate to air carriers or
other private economic operators the responsibility for taking measures that prevent, distort or restrict competition
between air carriers on the relevant routes, may render ineffective the competition rules applicable to undertakings,
NOTING that it is not a purpose of the Union, as part of this Agreement, to increase the total volume of air traffic
between the Union and Indonesia, to affect the balance between Union air carriers and air carriers of Indonesia, or to
negotiate amendments to the provisions of existing bilateral air service agreements concerning traffic rights,

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EN
8.10.2011 Official
Journal
of
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European
Union L
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HAVE AGREED AS FOLLOWS:
(b) effective regulatory control of the air carrier is not exercised
or not maintained by the Member State responsible for
issuing its Air Operator’s Certificate, or the relevant aero
Article 1
nautical authority is not clearly identified in the designation;
General provisions
or
1. For
the
purposes
of
this
Agreement,
‘Member
States’
shall
mean Member States of the Union and ‘EU Treaties’ shall mean
(c) the air carrier is not owned, directly or through majority
the Treaty on European Union and the Treaty on the Func
ownership, or it is not effectively controlled by Member
tioning of the European Union.
States and/or nationals of Member States, and/or by other
states listed in Annex 3 and/or nationals of such other
2. References in each of the agreements listed in Annex 1 to
states; or
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 Union.
(d) the air carrier is already authorised to operate under a
bilateral agreement between Indonesia and another
Member State and Indonesia can demonstrate that, by exer
3. References in each of the agreements listed in Annex 1 to
cising traffic rights under this Agreement on a route that
air carriers or airlines of the Member State that is a party to that
includes a point in that other Member State, it would be
agreement shall be understood as referring to air carriers or
circumventing restrictions on the traffic rights imposed by
airlines designated by that Member State.
that other agreement; or
Article 2
(e) the air carrier designated holds an Air Operators Certificate
Designation by a Member State
issued by a Member State and there is no bilateral air
services agreement between Indonesia and that Member
1. The provisions in paragraphs 2 and 3 of this Article shall
State and that Member State has denied traffic rights to
supersede the corresponding provisions in the Articles listed in
the air carrier designated by Indonesia.
Annex 2(a) and (b) respectively, in relation to the designation of
an air carrier by the Member State concerned, its authorisations
and permissions granted by Indonesia, and the refusal, revo
In exercising its right under this paragraph, Indonesia shall not
cation, suspension or limitation of the authorisations or
discriminate between Union air carriers on the grounds of
permissions of the air carrier, respectively.
nationality.
2. On
receipt
of
a
designation
by
a
Member
State,
Indonesia
shall grant the appropriate authorisations and permissions with
Article 3
minimum procedural delay, provided that:
Safety
1. The
provisions
in
paragraph
2
of
this
Article
shall
(a) the air carrier is established in the territory of the desig
complement the corresponding provisions in the articles listed
nating Member State under the EU Treaties and has a valid
in Annex 2(c).
Operating Licence in accordance with the law of the Union;
and
2. Where
a
Member
State
has
designated
an
air
carrier
whose
(b) effective regulatory control of the air carrier is exercised and
regulatory control is exercised and maintained by another
maintained by the Member State responsible for issuing its
Member State, the rights of Indonesia under the safety
Air Operator’s Certificate and the relevant aeronautical
provisions of the agreement between the Member State that
authority is clearly identified in the designation; and
has designated the air carrier and Indonesia shall apply
equally in respect of the adoption, exercise or maintenance of
safety standards by that other Member State and in respect of
(c) the air carrier is owned, directly or through majority
the operating authorisation of that air carrier.
ownership, and it is effectively controlled by Member
States and/or nationals of Member States, and/or by other
states listed in Annex 3 and/or nationals of such other
Article 4
states.
Taxation of aviation fuel
3. Indonesia
may
refuse,
revoke,
suspend
or
limit
the
au
1. The
provisions
in
paragraph
2
of
this
Article
shall
thorisations or permissions of an air carrier designated by a
complement the corresponding provisions in the articles listed
Member State where:
in Annex 2(d).
(a) the air carrier is not established in the territory of the
2. Notwithstanding
any
other
provision
to
the
contrary,
designating Member State under the EU Treaties or does
nothing in each of the agreements listed in Annex 2(d) shall
not have a valid Operating Licence in accordance with the
prevent a Member State from imposing, on a non-discrimi
law of the Union; or
natory basis, taxes, levies, duties, fees or charges on fuel

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L 264/4
EN
Official Journal of the European Union
8.10.2011
supplied in its territory for use in an aircraft of a designated air
internal procedures necessary for its entry into force have
carrier of Indonesia that operates between a point in the
been completed.
territory of that Member State and another point in the
territory of that Member State or in the territory of another
Member State.
2. Notwithstanding
paragraph
1,
the
Parties
agree
to
provi
sionally apply this Agreement from the first day of the month
Article 5
following the date on which the Parties have notified each other
of the completion of the procedures necessary for this purpose.
Compatibility with competition rules
1. Notwithstanding
any
other
provision
to
the
contrary,
nothing in each of the agreements listed in Annex 1 shall (i)
3. This
Agreement
shall
apply
to
all
agreements
and
favour the adoption of agreements between undertakings,
arrangements listed in Annex 1 including those that, at the
decisions by associations of undertakings or concerted
date of signature of this Agreement, have not yet entered into
practices that prevent, distort or restrict competition; (ii)
force and are not being applied provisionally.
reinforce the effects of any such agreement, decision or
concerted practice; or (iii) delegate to private economic
operators the responsibility for taking measures that prevent,
Article 9
distort or restrict competition.
Termination
2. The
provisions
contained
in
the
agreements
listed
in
1. In
the
event
that
an
agreement
listed
in
Annex
1
is
Annex 1 that are incompatible with paragraph 1 of this
terminated, all provisions of this Agreement that relate to the
Article shall not be applied.
agreement listed in Annex 1 concerned shall terminate at the
same time.
Article 6
Annexes to this Agreement
2. In
the
event
that
all
agreements
listed
in
Annex
1
are
The Annexes to this Agreement shall form an integral part
terminated, this Agreement shall terminate at the same time.
thereof.
Article 7
IN WITNESS WHEREOF, the undersigned, being duly authorised,
Revision or amendment
have signed this Agreement.
The Parties may, at any time, revise or amend this Agreement
by mutual consent.
Done at Brussels in duplicate, on this twenty-ninth day of June
Article 8
in the year two thousand and eleven, in the Bulgarian, Czech,
Entry into force and provisional application
Danish, Dutch, English, Estonian, Finnish, French, German,
Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish,
1. This
Agreement
shall
enter
into
force
when
the
Parties Portuguese, Romanian, Slovak, Slovene, Spanish, Swedish and
have notified each other in writing that their respective
Indonesian languages, all texts being equally authentic.

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EN
8.10.2011 Official
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European
Union L
264/5
За Европейския съюз
Por la Unión Europea
Za Evropskou unii
For Den Europiske Union
Für die Europische Union
Euroopa Liidu nimel
Για την Ευρωπακ νωση
For the European Union
Pour l'Union européenne
Per l'Unione europea
Eiropas Savienības vārdā –
Europos Sjungos vardu
Az Európai Unió részérl
Gall-Unjoni Ewropea
Voor de Europese Unie
W imieniu Unii Europejskiej
Pela Unio Europeia
Pentru Uniunea European
Za Európsku úniu
Za Evropsko unijo
Euroopan unionin puolesta
Fr Europeiska unionen
Untuk Uni Eropa
За правителството на Република Индонезия
Por el Gobierno de la República de Indonesia
Za vládu Indonéské republiky
For Republikken Indonesiens regeringen
Für die Regierung der Republik Indonesien
Indoneesia Vabariigi valitsuse nimel
Για την Κυβρνηση τη Δημοκρατα τη Ινδονησα
For the Government of the Republic of Indonesia
Pour le gouvernement de la République d'Indonésie
Per il governo della Repubblica di Indonesia
Indonēzijas Republikas valdības vārdā –
Indonezijos Respublikos vyriausybs vardu
Az Indonéz Kztársaság kormánya részérl
Gall-Gvern tar-Repubblika tal-Indoneja
Voor de regering van de Republiek Indonesi
W imieniu rzdu Republiki Indonezji
Pelo Governo da República da Indonésia
Pentru Guvernul Republicii Indonezia
Za vládu Indonézskej republiky
Za vlado Republike Indonezije
Indonesian tasavallan hallituksen puolesta
Fr Republiken Indonesiens regeringen
Untuk Pemerintah Republik Indonesia

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L 264/6
EN
Official Journal of the European Union
8.10.2011
ANNEX 1
List of agreements referred to in Article 1 of the Agreement
Air service agreements and other arrangements between the Republic of Indonesia and Member States of the European
Union as modified or amended which, at the date of signature of the Agreement, have been concluded, signed or
initialled:
— Air Transport Agreement between the Austrian Federal Government and the Government of the Republic of Indonesia
relating to scheduled air transport, signed at Vienna on 19 March 1987, hereinafter referred to as the ‘Indonesia —
Austria Agreement’ in Annex 2;
— Agreement between the Government of the Kingdom of Belgium and the Government of the Republic of Indonesia
for air services between and beyond their territories, done at Djakarta on 12 March 1971, hereinafter referred to as
the ‘Indonesia — Belgium Agreement’ in Annex 2;
— Air Transport Agreement between the Government of the Republic of Bulgaria and Government of the Republic of
Indonesia for air services between and beyond their respective territories, done at Jakarta on 22 June 1992, hereinafter
referred to as the ‘Indonesia — Bulgaria Agreement’ in Annex 2;
— Air Transport Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the
Republic of Indonesia, signed at Prague on 10 May 1972, hereinafter referred to as the ‘Indonesia — Czech Republic
Agreement’ in Annex 2. Last modified by Exchange of letters done at Djakarta on 18 January 1986;
— Agreement between the Government of Denmark and the Government of the Republic of Indonesia for Air Services
between their respective Territories, signed at Copenhagen on 23 June 1971, hereinafter referred to as the ‘Indonesia
— Denmark Agreement’ in Annex 2;
— Air Services Agreement between the Government of the Republic of Finland and the Government of the Republic of
Indonesia, signed at Djakarta on 7 November 1997, hereinafter referred to as the ‘Indonesia — Finland Agreement’ in
Annex 2,
— Agreement between the Government of the French Republic and the Government of the Republic of Indonesia
relating to air services between their respective territories and beyond, done at Djakarta on 24 November 1967,
hereinafter referred to as the ‘Indonesia — France Agreement’ in Annex 2;
— Agreement between the Federal Republic of Germany and the Republic of Indonesia for Air Services between and
beyond their respective Territories, signed at Djakarta on 4 December 1969, hereinafter referred to as the ‘Indonesia
— Germany Agreement’ in Annex 2;
— Air Services Agreement between the Government of the Hellenic Republic and the Government of the Republic of
Indonesia, done at Jakarta on 24 June 2008, hereinafter referred to as the ‘Indonesia — Greece Agreement’ in
Annex 2,
— Air Transport Agreement between the Government of the Republic of Hungary and the Government of the Republic
of Indonesia, signed at Djakarta on 20 September 1994, hereinafter referred to as the ‘Indonesia — Hungary
Agreement’ in Annex 2,
— Agreement between the Government of the Italian Republic and the Government of the Republic of Indonesia for air
services between and beyond their respective Territories, signed at Djakarta on 7 December 1966, hereinafter referred
to as the ‘Indonesia — Italy Agreement’ in Annex 2;
— Draft Agreement between the Government of the Grand Duchy of Luxembourg and the Government of the Republic
of Indonesia on air services initialled in Denpasar on 15 March 2005, hereinafter referred to as the ‘Indonesia —
Luxembourg Agreement’ in Annex 2,
— Air Transport Agreement between the Government of the Kingdom of the Netherlands and the Government of the
Republic of Indonesia, signed at The Hague on 23 November 1990, hereinafter referred to as the ‘Indonesia —
Netherlands Agreement’ in Annex 2,
— Air Transport Agreement between the Government of the Republic of Poland and the Republic of Indonesia relating
to scheduled air transport, signed at Djakarta on 13 December 1991, hereinafter referred to as the ‘Indonesia —
Poland Agreement’ in Annex 2,
— Air Services Agreement between the Government of Romania and the Government of the Republic of the Indonesia,
signed at Jakarta on 7 September 1993, hereinafter referred to as the ‘Indonesia – Romania Agreement’ in Annex 2,
— Air Transport Agreement between the Government of the Slovak Republic and the Government of the Republic of
Indonesia, initialled at Djakarta on 28 March 1995, hereinafter referred to as the ‘Indonesia — Slovakia Agreement’ in
Annex 2,

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— Air Transport Agreement between the Government of the Kingdom of Spain and the Government of the Republic of
Indonesia relating to scheduled air services, done at Madrid on 5 October 1993, hereinafter referred to as the
‘Indonesia — Spain Agreement’ in Annex 2;
— Agreement between the Government of Sweden and the Government of the Republic of Indonesia for air services
between their respective territories, signed at Copenhagen on 23 June 1971, hereinafter referred to as the ‘Indonesia
— Sweden Agreement’ in Annex 2;
— Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the
Government of the Republic Indonesia for air services between and beyond their respective territories, signed at
Jakarta on 28 June 1973, hereinafter referred to as the ‘Indonesia — UK Agreement’ in Annex 2.

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L 264/8
EN
Official Journal of the European Union
8.10.2011
ANNEX 2
List of articles in the agreements listed in Annex 1 and referred to in Articles 2 to 4 of the Agreement
(a) Designation by a Member State:
Article 3 of the Indonesia — Austria Agreement;
Article 3 of the Indonesia — Belgium Agreement;
Article III of the Indonesia — Bulgaria Agreement;
Article 3 of the Indonesia — Czech Republic Agreement;
Article 3 of the Indonesia — Denmark Agreement;
Article 3 of the Indonesia — Finland Agreement;
Article 3 of the Indonesia — France Agreement;
Article 3, paragraph 4, of the Indonesia — Germany Agreement;
Article 3 of the Indonesia — Hungary Agreement;
Article 3 of the Indonesia — Italy Agreement;
Article III of the Indonesia — Luxembourg Agreement;
Article 3 of the Indonesia — Netherlands Agreement;
Article 3 of the Indonesia — Poland Agreement;
Article 3 of the Indonesia — Romania Agreement;
Article 3 of the Indonesia — Slovakia Agreement;
Article III of the Indonesia — Spain Agreement;
Article 3 of the Indonesia — Sweden Agreement;
Article 3 of the Indonesia — UK Agreement.
(b) Refusal, revocation, suspension or limitation of authorisations or permissions:
Articles 3 and 4 of the Indonesia — Austria Agreement;
Article 3 of the Indonesia — Belgium Agreement;
Article IV of the Indonesia — Bulgaria Agreement;
Article 3 of the Indonesia — Czech Republic Agreement;
Article 3 of the Indonesia — Denmark Agreement;
Articles 3 and 4 of the Indonesia — Finland Agreement;
Article 3 of the Indonesia — France Agreement;

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Article 3, paragraph 6, of the Indonesia — Germany Agreement;
Article 4 of the Indonesia — Hungary Agreement;
Article 3 of the Indonesia — Italy Agreement;
Article IV of the Indonesia — Luxembourg Agreement;
Articles 3 and 4 of the Indonesia — Netherlands Agreement;
Articles 3 and 4 of the Indonesia — Poland Agreement;
Article 4 of the Indonesia — Romania Agreement;
Article 4 of the Indonesia — Slovakia Agreement;
Articles III and IV of the Indonesia — Spain Agreement;
Article 3 of the Indonesia — Sweden Agreement;
Article 3 of the Indonesia — UK Agreement.
(c) Safety:
Articles 3 and 6 of the Indonesia — Austria Agreement;
Article 3 of the Indonesia — Belgium Agreement;
Article 3 of the Indonesia — Czech Republic Agreement;
Article 3 of the Indonesia — Denmark Agreement;
Article 16 of the Indonesia — Finland Agreement;
Article 3 of the Indonesia — France Agreement;
Annex 4 of the Agreed Minutes signed in Bonn on 4 June 2003 by delegations representing the aeronautical
authorities of the Federal Republic of Germany and the Republic of Indonesia;
Article 7 of the Indonesia — Greece Agreement;
Article 16 of the Indonesia — Hungary Agreement;
Article 3 of the Indonesia — Italy Agreement;
Article VII of the Indonesia — Luxembourg Agreement;
Annex IV of the Memorandum of Understanding between the aeronautical authorities of the Republic of Indonesia
and the Kingdom of the Netherlands done at The Hague on 19 August 2009;
Article 6 of the Indonesia — Slovakia Agreement;
Article VI of the Indonesia — Spain Agreement;
Article 3 of the Indonesia — Sweden Agreement.

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L 264/10
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Official Journal of the European Union
8.10.2011
(d) Taxation of aviation fuel:
Article 7 of the Indonesia — Austria Agreement;
Article 4 of the Indonesia — Belgium Agreement;
Article VI of the Indonesia — Bulgaria Agreement;
Article 5 of the Indonesia — Czech Republic Agreement;
Article 4 of the Indonesia — Denmark Agreement;
Article 6 of the Indonesia — Finland Agreement;
Article 4 of the Indonesia — France Agreement;
Article 5 of the Indonesia — Germany Agreement;
Article 10 of the Indonesia — Greece Agreement;
Article 6 of the Indonesia — Hungary Agreement;
Article 4 of the Indonesia — Italy Agreement;
Article IX of the Indonesia — Luxembourg Agreement;
Article 10 of the Indonesia — Netherlands Agreement;
Article 6 of the Indonesia — Poland Agreement;
Article 9 of the Indonesia — Romania Agreement;
Article 8 of the Indonesia — Slovakia Agreement;
Article VIII of the Indonesia — Spain Agreement;
Article 4 of the Indonesia — Sweden Agreement;
Article 4 of the Indonesia — UK Agreement.

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ANNEX 3
List of other states referred to in Article 2 of the 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).

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