HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 96/2
EN
Official Journal of the European Union
9.4.2011
AGREEMENT
between the European Union and the Republic of Cape Verde on certain aspects of air services
THE EUROPEAN UNION, hereinafter referred to as ‘the Union’
of the one part, and
THE REPUBLIC OF CAPE VERDE, hereinafter referred to as ‘Cape Verde’,
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 Cape
Verde 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 of the Union 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
Cape Verde, which are contrary to the law of the Union, must be brought into conformity with it in order to establish a
sound legal basis for air services between the Union and Cape Verde and to preserve the continuity of such air services,
RECOGNISING that in the conclusion of any air services agreements by the Government of the Republic of Cape Verde
with States that are not Member States of the Union, Cape Verde implements its own policy and rules on air carriers
ownership and control,
NOTING that under the law of the Union, 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
Cape Verde 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 Cape Verde, to affect the balance between Union air carriers and air carriers of Cape Verde, or to
negotiate amendments to the provisions of existing bilateral air service agreements concerning traffic rights.
HAVE AGREED AS FOLLOWS:

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EN
9.4.2011 Official
Journal
of
the
European
Union L
96/3
Article 1
(b) effective regulatory control of the air carrier is not exercised
or not maintained by the Member State responsible for
General provisions
issuing its Air Operator’s Certificate, or the relevant aero
1. For
the
purposes
of
this
Agreement,
‘Member
States’
shall
nautical authority is not clearly identified in the designation;
mean Member States of the European Union; ‘EU Treaties’ shall
or
mean the Treaty on the European Union and the Treaty on the
Functioning of the European Union; ‘Party’ shall mean a
contracting party to this agreement; ‘air carrier’ shall also
(c) the air carrier is not owned, directly or through majority
mean airline; ‘territory of the Union’ shall mean territories of
ownership, or it is not effectively controlled by Member
the Member States to which the EU Treaties apply.
States and/or nationals of Member States, and/or by other
states listed in Annex 3 and/or nationals of such other
states.
2. References in each of the agreements listed in Annex 1 to
nationals of the Member State that is a Party to that agreement
shall be understood as referring to nationals of the Member
States.
4. In exercising its right under paragraph 3 of this Article,
Cape Verde shall not discriminate between air carriers of
Member States on the grounds of nationality.
3. References in each of the agreements listed in Annex 1 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
Article 3
airlines designated by that Member State.
Safety
1. The
provisions
in
paragraph
2
of
this
Article
shall
Article 2
complement the corresponding provisions in the articles listed
Designation, authorisation and revocation
in Annex 2(c).
1. The provisions in paragraphs 2 to 4 of this Article shall
supersede the corresponding provisions in the articles listed in
2. Where
a
Member
State
has
designated
an
air
carrier
whose
Annex 2(a) and (b) respectively, in relation to the designation of
regulatory control is exercised and maintained by another
an air carrier, and the licences and permits granted to it.
Member State, the rights of Cape Verde under the safety
provisions of the agreement between the Member State that
has designated the air carrier and Cape Verde shall apply
2. On receipt of a designation by a Member State, Cape
equally in respect of the adoption, exercise or maintenance of
Verde shall grant the appropriate authorisations and
safety standards by that other Member State and in respect of
permissions with minimum procedural delay, provided that:
the operating authorisation of that air carrier.
(a) the air carrier is established, in the territory of the desig
nating Member State, under the EU Treaties and has a valid
Article 4
Operating Licence in accordance with the law of the Union;
Taxation of aviation fuel
and
1. The
provisions
in
paragraph
2
of
this
Article
shall
complement the corresponding provisions in the articles listed
(b) effective regulatory control of the air carrier is exercised and
in Annex 2(d).
maintained by the Member State responsible for issuing its
Air Operator’s Certificate and the relevant aeronautical
authority is clearly identified in the designation; and
2. Notwithstanding
any
other
provision
to
the
contrary,
nothing in each of the agreements listed in Annex 2(d) shall
prevent a Member State from imposing, on a non-discrimi
(c) the air carrier is owned, directly or through majority
natory basis, taxes, levies, duties, fees or charges on fuel
ownership, and it is effectively controlled by Member
supplied in its territory for use in an aircraft of a designated
States and/or nationals of Member States, and/or by other
air carrier of Cape Verde that operates between a point in the
states listed in Annex 3 and/or nationals of such other
territory of that Member State and another point in the territory
states.
of that Member State or in the territory of another Member
State.
3. Cape
Verde
may
refuse,
revoke,
suspend
or
limit
the
au-
thorisations or permissions of an air carrier designated by a
Member State where:
Article 5
Compatibility with competition rules
(a) the air carrier is not established, in the territory of the
1. 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 1 shall (i)
not have a valid Operating Licence in accordance with the
require or favour the adoption of agreements between under
law of the Union; or
takings, decisions by associations of undertakings or concerted

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L 96/4
EN
Official Journal of the European Union
9.4.2011
practices that prevent or distort competition; (ii) reinforce the
following the date on which the Parties have notified each other
effects of any such agreement, decision or concerted practice; or
of the completion of the procedures necessary for this purpose.
(iii) delegate to private economic operators the responsibility for
taking measures that prevent, distort or restrict competition.
3. This
Agreement
shall
apply
to
all
agreements
and
2. The
provisions
contained
in
the
agreements
listed
in arrangements listed in Annex 1 including those that, at the
Annex 1 that are incompatible with paragraph 1 of this
date of signature of this Agreement, have not yet entered into
Article shall not be applied.
force and are not being applied provisionally.
Article 6
Article 9
Annexes to the Agreement
Termination
The Annexes to this Agreement shall form an integral part
1. In
the
event
that
an
agreement
listed
in
Annex
1
is
thereof.
terminated, all provisions of this Agreement that relate to the
agreement listed in Annex 1 concerned shall terminate at the
Article 7
same time.
Revision or amendment
The Parties may, at any time, revise or amend this Agreement
2. In
the
event
that
all
agreements
listed
in
Annex
1
are
by mutual consent.
terminated, this Agreement shall terminate at the same time.
Article 8
Entry into force and provisional application
IN WITNESS WHEREOF, the undersigned, being duly authorised,
have signed this Agreement.
1. This
Agreement
shall
enter
into
force
when
the
Parties
have notified each other in writing that their respective
internal procedures necessary for its entry into force have
Done in duplicate, in the Bulgarian, Czech, Danish, Dutch,
been completed.
English, Estonian, Finnish, French, German, Greek, Hungarian,
Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese,
2. Notwithstanding
paragraph
1,
the
Parties
agree
to
provi
Romanian, Slovak, Slovene, Spanish and Swedish languages,
sionally apply this Agreement from the first day of the month
all texts being equally authentic.

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EN
9.4.2011 Official
Journal
of
the
European
Union L
96/5
Съставено в Брюксел на двадесет и трети март две хиляди и единадесета година.
Hecho en Bruselas, el veintitrés de marzo de dos mil once.
V Bruselu dne dvacátého tetího bezna dva tisíce jedenáct.
Udfrdiget i Bruxelles den treogtyvende marts to tusind og elleve.
Geschehen zu Brüssel am dreiundzwanzigsten Mrz zweitausendelf.
Kahe tuhande üheteistkümnenda aasta mrtsikuu kahekümne kolmandal peval Brüsselis.
γινε στι Βρυξλλε, στι εκοσι τρει Μαρτου δο χιλιδε ντεκα.
Done at Brussels on the twenty-third day of March in the year two thousand and eleven.
Fait à Bruxelles, le vingt-trois mars deux mille onze.
Fatto a Bruxelles, addì ventitré marzo duemilaundici.
Briselē, divi tūkstoi vienpadsmitā gada divdesmit treajā martā.
Priimta du tūkstaniai vienuolikt met kovo dvideimt trei dien Briuselyje.
Kelt Brüsszelben, a kétezer-tizenegyedik év március huszonharmadik napján.
Magmul fi Brussell, fit-tlieta u goxrin jum ta' Marzu tas-sena elfejn u dax.
Gedaan te Brussel, de drientwintigste maart tweeduizend elf.
Sporzdzono w Brukseli dnia dwudziestego trzeciego marca roku dwa tysice jedenastego.
Feito em Bruxelas, em vinte e três de Maro de dois mil e onze.
ntocmit la Bruxelles la douzeci i trei martie dou mii unsprezece.
V Bruseli da dvadsiateho tretieho marca dvetisícjedenás.
V Bruslju, dne triindvajsetega marca leta dva tiso enajst.
Tehty Brysseliss kahdentenakymmenentenkolmantena pivn maaliskuuta vuonna kaksituhattayksitoista.
Som skedde i Bryssel den tjugotredje mars tjugohundraelva.

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L 96/6
EN
Official Journal of the European Union
9.4.2011
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
За Република Кабо Верде
Por la República de Cabo Verde
Za Kapverdskou republiku
For Republikken Kap Verde
Für die Republik Kap Verde
Cabo Verde Vabariigi nimel
Για τη Δημοκρατα του Πρσινου Ακρωτηρου
For the Republic of Cape Verde
Pour la République du Cap-Vert
Per la Repubblica del Capo Verde
Kaboverdes Republikas vārdā –
aliojo Kyulio Respublikos vardu
A Zld-foki Kztársaság részérl
Gar-Repubblika Tal-Kap Verde
Voor de Republiek Kaapverdi
W imieniu Republiki Zielonego Przyldka
Pela República de Cabo Verde
Pentru Republica Capului Verde
Za Kapverdskú republiku
Za Republiko Zelenortski otoki
Kap Verden tasavallan puolesta
Fr Republiken Kap Verde

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EN
9.4.2011 Official
Journal
of
the
European
Union L
96/7
ANNEX 1
LIST OF AGREEMENTS REFERRED TO IN ARTICLE 1 OF THIS AGREEMENT
(a) Air service agreements between Cape Verde and Member States which, at the date of signature of this Agreement,
have been concluded, signed and/or are being applied provisionally:
— Agreement between the Government of the Kingdom of Belgium and the Government of the Republic of Cape
Verde on Air Transport signed at Brussels on 22 June 1998, hereinafter referred to ‘Cape Verde — Belgium
Agreement’ in Annex 2,
— Air Transport Agreement between the Government of the Federal Republic of Germany and the Government of
the Republic of Cape Verde signed at Berlin on 19 June 2001, hereinafter referred to ‘Cape Verde — Germany
Agreement’ in Annex 2,
— Agreement between the Government of the Italian Republic and the Government of the Republic of Cape Verde
concerning Air Services signed at Praia on 7 July 1998, hereinafter referred to ‘Cape Verde — Italy Agreement’ in
Annex 2,
— Agreement between the Kingdom of the Netherlands and the Republic of Cape Verde for air services signed at The
Hague on 21 December 1988, hereinafter referred to ‘Cape Verde — Netherlands Agreement’ in Annex 2,
— Air Transport Agreement between the Portuguese Republic and the Republic of Cape Verde, signed at Cidade da
Praia on 30 March 2004, hereinafter referred to ‘Cape Verde — Portugal Agreement’ in Annex 2,
— Agreement between the Government of the Socialist Republic of Romania and the Government of the Republic of
Cape Verde concerning Air Services signed at Bucharest on 31 August 1983, hereinafter referred to ‘Cape Verde
— Romania Agreement’ in Annex 2,
— Agreement between the Kingdom of Spain and the Republic of Cape Verde relating to Air Services signed at
Madrid on 19 September 2002, hereinafter referred to ‘Cape Verde — Spain Agreement’ in Annex 2,
— Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the
Government of the Republic of Cape Verde concerning Air Services signed at Praia on 9 January 2007, hereinafter
referred to ‘Cape Verde — UK Agreement’ in Annex 2.
(b) Air service agreements and other arrangements initialled or signed between Cape Verde and Member States which, at
the date of signature of this Agreement, have not yet entered into force and are not being applied provisionally.

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L 96/8
EN
Official Journal of the European Union
9.4.2011
ANNEX 2
LIST OF ARTICLES IN THE AGREEMENTS LISTED IN ANNEX 1 AND REFERRED TO IN ARTICLES 2 TO 4
OF THIS AGREEMENT
(a) Designation:
— Article 3 of the Cape Verde — Belgium Agreement,
— Article 3(4) of the Cape Verde — Germany Agreement,
— Article 4 of the Cape Verde — Italy Agreement,
— Article 3 of the Cape Verde — Netherlands Agreement,
— Article 3 of the Cape Verde — Romania Agreement,
— Article 3 of the Cape Verde — Spain Agreement.
(b) Refusal, revocation, suspension or limitation of authorisations or permissions:
— Article 5 of the Cape Verde — Belgium Agreement,
— Article 3(4) and Article 4 of the Cape Verde — Germany Agreement,
— Articles 4 and 5 of the Cape Verde — Italy Agreement,
— Articles 3 and 4 of the Cape Verde — Netherlands Agreement,
— Article 4 of the Cape Verde — Romania Agreement,
— Article 4 of the Cape Verde — Spain Agreement.
(c) Safety:
— Article 12 of the Cape Verde — Germany Agreement,
— Article 10 of the Cape Verde — Italy Agreement,
— Article 15 of the Cape Verde — Portugal Agreement,
— Article 9 of the Cape Verde — Romania Agreement,
— Article 13 of the Cape Verde — Spain Agreement.
(d) Taxation of aviation fuel:
— Article 10 of the Cape Verde — Belgium Agreement,
— Article 6 of the Cape Verde — Germany Agreement,
— Article 6 of the Cape Verde — Italy Agreement,
— Article 6 of the Cape Verde — Netherlands Agreement,
— Article 11 of the Cape Verde — Romania Agreement,
— Article 5 of the Cape Verde — Spain Agreement.

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EN
9.4.2011 Official
Journal
of
the
European
Union L
96/9
ANNEX 3
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).

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