HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 38/34
EN
Official Journal of the European Union
12.2.2011
AGREEMENT
on certain aspects of air services between the European Union and the United Mexican States
THE EUROPEAN UNION,
of the one part, and
THE UNITED MEXICAN STATES,
of the other part,
(hereinafter referred to as ‘the Parties’), in conformity with their respective competences;
HAVING REGARD TO the provisions of the bilateral air service agreements between various Member States of the
European Union and the United Mexican States,
NOTING that on 5 June 2003, the Member States of the European Union authorised the European Commission to amend
certain provisions of their bilateral air service agreements in an agreement between the European Union and third
countries,
NOTING that the European Union has exclusive competence with respect to several aspects that may be included in
bilateral air service agreements which Member States of the European Union enter into or have entered into with third
countries,
RECOGNISING the importance of updating the relationship between Member States of the European Union and the
United Mexican States as regards air services, so as to provide a solid legal basis for air services between the European
Union and the United Mexican States and to ensure the continuity of such air services,
UNDERLINING their interest in promoting free competition in the field of air services, and avoiding airlines entering into
agreements the purpose of which is to hinder, restrict or distort competition,
NOTING that it is not the purpose of the European Union to affect the balance between European Union air carriers and
air carriers of the United Mexican States, nor to amend the provisions of existing bilateral air service agreements
concerning traffic rights,
HAVE AGREED AS FOLLOWS:
Article 1
2. Upon receipt of a designation by a Member State of the
European Union, the United Mexican States shall grant the
General provisions
relevant authorisations and permissions without delay,
1. References to nationals of a Member State of the
provided that:
European Union that is a Party to any of the bilateral
agreements listed in Annex I shall be understood as references
to nationals of the Member States of the European Union.
(a) the air carrier is established in the territory of the desig
nating Member State of the European Union under the
Treaty on the European Union and the Treaty on the Func
2. References
to
air
carriers
from
a
Member
State
of
the
tioning of the European Union and has a valid operating
European Union that is a Party to each of the bilateral
licence in accordance with the law of the European Union;
agreements listed in Annex I shall be understood as references
and
to air carriers designated by that Member State of the European
Union.
(b) effective regulatory control of the air carrier is exercised and
maintained by the Member State of the European Union
3. This
Agreement
modifies
certain
provisions
of
existing
responsible for issuing its Air Operator’s Certificate and
bilateral air service agreements listed in Annex I, without
the relevant aeronautical authority is clearly identified in
affecting existing traffic rights.
the designation; and
Article 2
(c) the air carrier is owned, directly or through majority
Designation by a Member State of the European Union
ownership, and is effectively controlled by Member States
of the European Union or nationals of such countries or by
1. The provisions of paragraphs 2 and 3 of this Article shall
the countries listed in Annex III or nationals of those other
supersede the corresponding provisions of the Articles listed in
countries.
points (a) and (b) respectively of Annex II, as regards the desig
nation of an air carrier by a Member State of the European
Union, the authorisations and permissions granted by the
3. The
United
Mexican
States
may
refuse,
revoke,
suspend
or
United Mexican States, and the refusal, revocation, suspension
limit the authorisations or permissions granted to an air carrier
or limitation of the authorisations or permissions of the air
designated by a Member State of the European Union where
carrier, respectively.
one of the conditions mentioned in paragraph 2 is not met.

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EN
12.2.2011 Official
Journal
of
the
European
Union L
38/35
In exercising the rights under this paragraph, the United
Article 6
Mexican States shall not discriminate between air carriers
from the European Union on the grounds of nationality.
Revision and amendment
The Parties may, at any time, revise or amend this Agreement
Article 3
by mutual consent, in writing. Those modifications shall enter
Safety
into force in accordance with the procedure set out in
Article 7(1) of this Agreement.
1. The provisions of paragraph 2 of this Article shall
complement the Articles listed in Annex II, point (c).
Article 7
Entry into force
2. Where
a
Member
State
of
the
European
Union
has
designated an air carrier whose regulatory control is exercised
1.
This Agreement shall enter into force thirty (30) days after
and maintained by another Member State of the European
the date of the last note with which the Parties provide written
Union, the rights of the United Mexican States under the
notification, via diplomatic channels, that their respective
safety provisions of the agreement between the Member State
internal procedures necessary for that effect have been
of the European Union that has designated the air carrier and
concluded.
the United Mexican States shall apply equally in respect of the
adoption, exercise and maintenance of safety standards by that
2. This
Agreement
shall
apply
to
the
bilateral
agreements
other Member State of the European Union and in respect of
listed in Annex I, point (b) once the latter have entered into
the operating authorisation for that air carrier.
force.
3. This
Agreement
shall
prevail
in
the
event
of
a
difference
Article 4
between the provisions of this Agreement and the bilateral
Compatibility with competition rules
agreements listed in Annex I.
1. None
of
the
bilateral
agreements
between
the
United
Article 8
Mexican States and Member States of the European Union may:
Termination
(a) favour the adoption of agreements between undertakings,
1. In the event of the termination of any of the bilateral
decisions by associations of undertakings or concerted
agreements listed in Annex I, all provisions of this Agreement
practices that prevent, distort or restrict competition;
relating to the said agreement shall terminate simultaneously.
(b) reinforce the effects of any such agreement, decision or
2. In the event of the termination of all of the bilateral
concerted practice; or
agreements listed in Annex I, this Agreement shall terminate
at the same time as the last of those agreements.
(c) delegate to private economic operators the responsibility for
taking measures that prevent, distort or restrict competition.
2. Any
provisions
contained
in
the
bilateral
agreements
listed IN WITNESS WHEREOF the undersigned, being duly authorised
in Annex I that are incompatible with paragraph 1 shall not
thereto, have signed this Agreement.
apply.
DONE in duplicate at Brussels, on the fifteenth day of December
in the year two thousand and ten, in the Bulgarian, Spanish,
Article 5
Czech, Danish, German, Estonian, Greek, English, French,
Annexes to the Agreement
Italian, Latvian, Lithuanian, Hungarian, Maltese, Dutch, Polish,
Portuguese, Romanian, Slovak, Slovenian, Finnish and Swedish
The Annexes to this Agreement shall form an integral part
languages, each text being authentic. In the case of divergence,
thereof.
the Spanish text shall take precedence.

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L 38/36
EN
Official Journal of the European Union
12.2.2011
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 Съединените мексикански щати
Por los Estados Unidos Mexicanos
Za Spojené státy mexické
For De Forenede Mexicanske Stater
Für die Vereinigten Mexikanischen Staaten
Mehhiko hendriikide nimel
Για τι Ηνωμνε Πολιτεε του Μεξικο
For the United Mexican States
Pour les Etats-Unis mexicains
Per gli Stati Uniti messicani
Meksikas Savienoto Valstu vārdā –
Meksikos Jungtini Valstij vardu
A Mexikói Egyesült llamok részérl
Gall-Istati Uniti Messikani
Voor de Verenigde Mexicaanse Staten
W imieniu Meksykaskich Stanów Zjednoczonych
Pelos Estados Unidos Mexicanos
Pentru Statele Unite Mexicane
Za Spojené táty mexické
Za Zdruene drave mehike
Meksikon yhdysvaltojen puolesta
Fr Mexikos frenta stater

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EN
12.2.2011 Official
Journal
of
the
European
Union L
38/37
ANNEX I
LIST OF BILATERAL AGREEMENTS REFERRED TO IN ARTICLE 1 OF THIS AGREEMENT
(a) Air service agreements between the United Mexican States and Member States of the European Union which, at the
date of signature of this Agreement, have been concluded and/or signed:
— Air Transport Agreement between the Government of the United Mexican States and the Federal Government of
Austria, signed at Vienna, Austria on 27 March 1995, hereinafter referred to as the ‘Mexico-Austria Agreement’,
— Air Transport Agreement between the Government of the United Mexican States and the Government of the
Kingdom of Belgium, signed at Mexico City, on 26 April 1999, hereinafter referred to as the ‘Mexico-Belgium
Agreement’,
— Air Transport Agreement between the Government of the United Mexican States and the Government of the
Czech and Slovak Federal Republic, signed at Mexico City, on 14 August 1990, hereinafter referred to as the
‘Mexico-Czech Republic Agreement’,
— Air Transport Agreement between the Government of the United Mexican States and the Government of the
French Republic, signed at Paris, France, on 18 May 1993, amended by the Agreement Modifying and Supple
menting the Air Transport Agreement between the Government of the United Mexican States and the
Government of the French Republic, concluded by exchange of notes dated in Paris and Mexico City on
13 January and 4 February 2004, hereinafter referred to as the ‘Mexico-France Agreement’,
— Air Transport Agreement between the United Mexican States and the Federal Republic of Germany, signed at
Mexico City, on 8 March 1967, hereinafter referred to as the ‘Mexico-Germany Agreement’,
— Air Transport Agreement between the United Mexican States and the Italian Republic, signed at Mexico City on
23 December 1965, amended by the Agreement Modifying and Supplementing the Air Transport Agreement
between the United Mexican States and the Italian Republic of 23 December 1965, concluded by exchange of
notes dated Rome, Italy, 2 August and 7 December 2004, hereinafter referred to as the ‘Mexico-Italy Agreement’,
— Agreement between the Government of the United Mexican States and the Government of the Grand-Duchy of
Luxembourg on air transport, signed at Mexico City, on 19 March 1996, hereinafter referred to as the ‘Mexico-
Luxembourg Agreement’,
— Air Transport Agreement between the Government of the United Mexican States and the Government of the
Kingdom of the Netherlands, signed at Mexico City, 6 December 1971, amended by the Agreement Modifying the
Air Transport Agreement of 6 December 1971 between the Government of the United Mexican States and the
Government of the Kingdom of the Netherlands, concluded by exchange of notes dated 24 August 1992 in
Mexico City, hereinafter referred to as the ‘Mexico-Netherlands Agreement’,
— Air Transport Agreement between the Government of the United Mexican States and the Government of the
Republic of Poland, signed at Mexico City, on 11 October 1990, hereinafter referred to as the ‘Mexico-Poland
Agreement’,
— Agreement on Civil Air Transport between the Governments of Mexico and Portugal, signed at Lisbon, Portugal
on 22 October 1948, hereinafter referred to as the ‘Mexico-Portugal Agreement’,
— Air Transport Agreement between the Government of the United Mexican States and the Government of the
Kingdom of Spain, signed at Mexico City, on 21 November 1978, hereinafter referred to as the ‘Mexico-Spain
Agreement’,
— Agreement between the Government of the United Mexican States and the Government of the United Kingdom of
Great Britain and Northern Ireland concerning air services, signed at Mexico City, on 18 November 1988,
hereinafter referred to as the ‘Mexico-United Kingdom Agreement’.
(b) Air service agreements between the United Mexican States and Member States of the European Union which, at the
date of signature of this Agreement, have not yet entered into force:
— Air Transport Agreement between the United Mexican States and the Kingdom of Spain, signed at Madrid, Spain,
on 8 April 2003.

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L 38/38
EN
Official Journal of the European Union
12.2.2011
ANNEX II
LIST OF ARTICLES IN THE AGREEMENTS LISTED IN ANNEX I AND REFERRED TO IN ARTICLES 2 AND 3
OF THIS AGREEMENT
(a) Designation by a Member State:
— Article 3 of the Mexico-Austria Agreement,
— Article 3 of the Mexico-Belgium Agreement,
— Article 3 of the Mexico-Czech Republic Agreement,
— Article 3 of the Mexico-France Agreement,
— Article 3 of the Mexico-Germany Agreement,
— Article 3 of the Mexico-Italy Agreement,
— Article 3 of the Mexico-Luxembourg Agreement,
— Article 3 of the Mexico-Netherlands Agreement,
— Article 3 of the Mexico-Poland Agreement,
— Article II of the Mexico-Portugal Agreement,
— Article 3 of the Mexico-Spain Agreement,
— Article 4 of the Mexico-United Kingdom Agreement.
(b) Refusal, revocation, suspension or limitation of authorisations or permissions:
— Article 4 of the Mexico-Austria Agreement,
— Article 5 of the Mexico-Belgium Agreement,
— Article 4 of the Mexico-Czech Republic Agreement,
— Article 4 of the Mexico-France Agreement,
— Article 4, first sentence, of the Mexico-Germany Agreement,
— Article 4 of the Mexico-Italy Agreement,
— Article 4 of the Mexico-Luxembourg Agreement,
— Article 4 of the Mexico-Netherlands Agreement,
— Article 4 of the Mexico-Poland Agreement,
— Article VII of the Mexico-Portugal Agreement,
— Article 4 of the Mexico-Spain Agreement,
— Article 5 of the Mexico-United Kingdom Agreement.
(c) Safety:
— Article 6 of the Mexico-Austria Agreement,
— Article 7 of the Mexico-Belgium Agreement,
— Article 6 of the Mexico-Czech Republic Agreement,
— Article 6a of the Mexico-France Agreement,
— Article 6a of the Mexico-Italy Agreement,
— Article 6 of the Mexico-Luxembourg Agreement,
— Article 6 of the Mexico-Netherlands Agreement,
— Article V of the Mexico-Portugal Agreement,
— Article 8 of the Mexico-United Kingdom Agreement.

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EN
12.2.2011 Official
Journal
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the
European
Union L
38/39
ANNEX III
LIST OF OTHER COUNTRIES 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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