HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 49/2
EN
Official Journal of the European Union
22.2.2013
AGREEMENT
between the European Union and the Government of the Democratic Socialist Republic of Sri
Lanka on certain aspects of air services
THE EUROPEAN UNION,
(hereinafter referred to as ‘the Union’)
of the one part, and
THE GOVERNMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA,
(hereinafter referred to as ‘Sri Lanka’),
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 Sri
Lanka,
RECOGNISING that certain provisions of the bilateral air service agreements between Member States of the Union and Sri
Lanka, which are contrary to the law of the Union, must be brought into conformity with the law of the Union in order
to establish a sound legal basis for air services between the Union and Sri Lanka and to preserve the continuity of such air
services,
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 Community 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 (countries listed under Annex 3) to acquire ownership in air carriers licensed in
accordance with the law of the Union,
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 Sri
Lanka which (i) require or favour the adoption of agreements between undertakings, decisions by associations of under
takings 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 application of the competition rules applicable to undertakings,
RECOGNISING that where a Member State has designated an air carrier whose regulatory control with regard to safety
oversight is exercised and maintained by another Member State, the rights of Sri Lanka under the safety provisions of the
agreement between the Member State that has designated the carrier and Sri Lanka should apply equally in relation to that
other Member State,
NOTING that the bilateral air services agreements listed in Annex 1 are based on the general principle that the designated
airlines of the parties shall have fair and equal opportunities in operating the agreed services on the specified routes,
NOTING that it is not a purpose of this agreement to increase the total volume of air traffic between the Union and Sri
Lanka, to affect the balance between Community air carriers and air carriers of Sri Lanka, or to negotiate amendments to
the provisions of existing bilateral air service agreements concerning traffic rights,

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EN
22.2.2013 Official
Journal
of
the
European
Union
L
49/3
HAVE AGREED AS FOLLOWS:
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 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, and ‘EU Treaties’
or
shall mean the Treaty on European Union and the Treaty on the
Functioning of the European Union.
(c) the air carrier is not owned, directly or through majority
2. References in each of the agreements listed in Annex 1 to
ownership, or it is not effectively controlled by Member
nationals of the Member State that is a party to that agreement
States and/or nationals of Member States, and/or by other
shall be understood as referring to nationals of the Member
states listed in Annex 3 and/or nationals of such other
States.
states; or
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
(d) the air carrier is already authorised to operate under bilateral
agreement shall be understood as referring to air carriers or
agreement between Sri Lanka and another Member State
airlines designated by that Member State.
and by exercising traffic rights under this Agreement on a
route that includes a point in that other Member State, it
4. The
granting
of
traffic
rights
will
continue
to
be
carried
would be circumventing restrictions on the traffic rights
out through bilateral arrangements.
imposed by that other agreement; or
Article 2
(e) the air carrier designated holds an Air Operator’s Certificate
Designation by a Member State
issued by a Member State with which Sri Lanka does not
have a bilateral air services agreement and that Member
1. The provisions in paragraphs 2 and 3 of this Article shall
State has denied traffic rights to Sri Lanka.
supersede the corresponding provisions in the articles listed in
Annex 2 (a) and (b) respectively, in relation to the designation
of an air carrier by the Member State concerned, its authori
In exercising its right under this paragraph, Sri Lanka shall not
sations and permissions granted by Sri Lanka, and the refusal,
discriminate between Community air carriers on the grounds of
revocation, suspension or limitation of the authorisations or
nationality.
permissions of the air carrier, respectively.
2. On
receipt
of
a
designation
by
a
Member
State,
Sri
Lanka
Article 3
shall grant the appropriate authorisations and permissions with
minimum procedural delay, provided that:
Safety
1. The
provisions
in
paragraph
2
of
this
Article
shall
(a) the air carrier is established, under the EU Treaties, in the
complement the corresponding provisions in the articles listed
territory of the designating Member State 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 Sri Lanka under the safety
Air Operator 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 Sri Lanka shall apply
equally in respect of the adoption, exercise or maintenance of
(c) the air carrier is owned, directly or through majority
safety standards by that other Member State and in respect of
ownership, and it is effectively controlled by Member
the operating authorisation of that air carrier.
States and/or nationals of Member States, and/or by other
states listed in Annex 3 and/or nationals of such other states
and shall at all times be effectively controlled by such state
Article 4
and/or such nationals.
Compatibility with competition rules
3. Sri
Lanka
may
refuse,
revoke,
suspend
or
limit
the
auth
1. Notwithstanding
any
other
provision
to
the
contrary,
orisations or permissions of an air carrier designated by a
nothing in each of the agreements listed in Annex 1 shall (i)
Member State where:
require or favour the adoption of agreements between under
takings, decisions by associations of undertakings or concerted
(a) the air carrier is not established, under the EU Treaties, in
practices that prevent or distort competition; (ii) reinforce the
the territory of the designating Member State or does not
effects of any such agreement, decision or concerted practice; or
have a valid Operating Licence in accordance with the law
(iii) delegate to private economic operators the responsibility for
of the Union; or
taking measures that prevent, distort or restrict competition.

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L 49/4
EN
Official Journal of the European Union
22.2.2013
2. The
provisions
contained
in
the
agreements
listed
in
3. This
Agreement
shall
apply
to
all
agreements
and
Annex 1 that are incompatible with paragraph 1 of this
arrangements listed in Annex 1 including those that, at the
Article shall not be applied.
date of signature of this Agreement, have not yet entered into
force and are not being applied provisionally.
Article 5
Annexes to the Agreement
Article 8
The Annexes to this Agreement shall form an integral part
Termination
thereof.
1. In
the
event
that
an
agreement
listed
in
Annex
1
is
Article 6
terminated, all provisions of this Agreement that relate to the
agreement listed in Annex 1 concerned shall terminate at the
Review, Revision or amendment
same time.
The Parties may, at any time, review, revise or amend this
Agreement by mutual consent.
2. In
the
event
that
all
agreements
listed
in
Annex
1
are
terminated, this Agreement shall terminate at the same time.
Article 7
Entry into force and provisional application
1. This
Agreement
shall
enter
into
force
when
the
Parties IN WITNESS WHEREOF, the undersigned, being duly authorised,
have notified each other in writing that their respective
have signed this Agreement.
internal procedures necessary for its entry into force have
been completed.
Done in duplicate, in the Bulgarian, Czech, Danish, Dutch,
English, Estonian, Finnish, French, German, Greek, Hungarian,
2. Notwithstanding
paragraph
1,
the
Parties
agree
to Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese,
provisionally apply this Agreement from the date of signature
Romanian, Slovak, Slovene, Spanish, Swedish and Sinhala
until it enters into force.
languages, all texts being equally authentic.

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EN
22.2.2013 Official
Journal
of
the
European
Union
L
49/5
Съставено в Брюксел на двадесет и седми септември две хиляди и дванадесета година.
Hecho en Bruselas, el veintisiete de septiembre de dos mil doce.
V Bruselu dne dvacátého sedmého záí dva tisíce dvanáct.
Udfrdiget i Bruxelles den syvogtyvende september to tusind og tolv.
Geschehen zu Brüssel am siebenundzwanzigsten September zweitausendzwlf.
Kahe tuhande kaheteistkümnenda aasta septembrikuu kahekümne seitsmendal peval Brüsselis.
γινε στι Βρυξλλε, στι εκοσι εφτ Σεπτεμβρου δο χιλιδε δδεκα.
Done at Brussels on the twenty-seventh day of September in the year two thousand and twelve.
Fait à Bruxelles, le vingt-sept septembre deux mille douze.
Fatto a Bruxelles, addì ventisette settembre duemiladodici.
Briselē, divi tūkstoi divpadsmitā gada divdesmit septītajā septembrī.
Priimta du tūkstaniai dvylikt met rugsjo dvideimt septint dien Briuselyje.
Kelt Brüsszelben, a kétezer-tizenkettedik év szeptember havának huszonhetedik napján.
Magmul fi Brussell, fis-sebga u goxrin jum ta’ Settembru tas-sena elfejn u tnax.
Gedaan te Brussel, de zevenentwintigste september tweeduizend twaalf.
Sporzdzono w Brukseli dnia dwudziestego siódmego wrzenia roku dwa tysice dwunastego.
Feito em Bruxelas, em vinte e sete de setembro de dois mil e doze.
ntocmit la Bruxelles la douzeci i apte septembrie dou mii doisprezece.
V Bruseli dvadsiateho siedmeho septembra dvetisícdvanás.
V Bruslju, dne sedemindvajsetega septembra leta dva tiso dvanajst.
Tehty Brysseliss kahdentenakymmenentenseitsemnten pivn syyskuuta vuonna kaksituhattakaksitoista.
Som skedde i Bryssel den tjugosjunde september tjugohundratolv.

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L 49/6
EN
Official Journal of the European Union
22.2.2013
За Европейския сьюз
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 Правителството на Демократична социалистическа република Шри Ланка
Por el Gobierno de la República Socialista Democrática de Sri Lanka
Za vládu Srílanské demokratické socialistické republiky
For Den Demokratiske Socialistiske Republik Sri Lankas regering
Für die Regierung der Demokratischen Sozialistischen Republik Sri Lanka
Sri Lanka Demokraatliku Sotsialistliku Vabariigi valitsuse nimel
Για την Κυβρνηση τη Λακ Σοσιαλιστικ Δημοκρατα τη Σρι Λνκα
For the Government of the Democratic Socialist Republic of Sri Lanka
Pour le Gouvernement de la République Socialiste Démocratique de Sri Lanka
Per il governo della Repubblica democratica socialista di Sri Lanka
rilankas Demokrātiskās Sociālistiskās Republikas valdības vārdā –
ri Lankos Demokratins Socialistins Respublikos Vyriausybs vardu
A Srí Lanka Demokratikus Szocialista Kztársaság kormánya részérl
Gall-Gvern tar-Repubblika Demokratika Sojalista tas-Sri Lanka
Voor de regering van de Democratische Socialistische Republiek Sri Lanka
W imieniu Rzdu Demokratyczno-Socjalistycznej Republiki Sri Lanki
Pelo Governo da República Democrática Socialista do Sri Lanca
Pentru Guvernul Republicii Democratice Socialiste Sri Lanka
Za vládu Srílanskej demokratickej socialistickej republiky
Za vlado Demokratine socialistine republike rilanke
Sri Lankan demokraattisen sosialistisen tasavallan hallituksen puolesta
Fr demokratiska socialistiska republiken Sri Lankas regering

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EN
22.2.2013 Official
Journal
of
the
European
Union
L
49/7
ANNEX 1
LIST OF AGREEMENTS REFERRED TO IN ARTICLE 1 OF THIS AGREEMENT
Air service agreements and other arrangements between Sri Lanka and Member States as modified or amended which, at
the date of signature of this Agreement, have been concluded, signed or initialled:
— Air Transport Agreement between the Austrian Federal Government and the Republic of Sri Lanka done in Colombo
on 15 February 1978, hereinafter referred to as ‘Sri Lanka – Austria Agreement’ in Annex 2;
— Agreement between the Government of the Kingdom of Belgium and the Government of the Democratic Socialist
Republic of Sri Lanka on Air Transport done in Brussels on 15 December 1998, hereinafter referred to as ‘Sri Lanka –
Belgium Agreement’ in Annex 2;
— Agreement between the Government of the People’s Republic of Bulgaria and the Government of Ceylon for air
services between and beyond their respective territories done at Colombo on 27 November 1970, hereinafter referred
to as ‘Sri Lanka – Bulgaria Agreement’ in Annex 2;
— Air Transport Agreement between the Government of the Republic of Cyprus and the Government of the Democratic
Socialist Republic of Sri Lanka initialled in Colombo on 15 November 2002, hereinafter referred to as ‘Sri Lanka –
Cyprus Agreement’ in Annex 2;
— Agreement between the Government of the Czech Republic and the Government of the Democratic Socialist Republic
of Sri Lanka on Air Services done at Prague on 20 April 2004, hereinafter referred to as ‘Sri Lanka – Czech Republic
Agreement’ in Annex 2;
— Agreement between the Government of Denmark and the Government of Ceylon relating to Air Services done in
Colombo on 29 May 1959, hereinafter referred to as ‘Sri Lanka — Denmark Agreement’ in Annex 2;
— Agreement between the Republic of France and Ceylon relating to Air Transport done in Colombo on 18 April 1966,
hereinafter referred to as ‘Sri Lanka – France Agreement’ in Annex 2;
— Air Transport Agreement between the Federal Republic of Germany and the Republic of Sri Lanka done at Colombo
on 24 July 1973, hereinafter referred to as ‘Sri Lanka – Germany Agreement’ in Annex 2;
— Air Transport Agreement between the Government of the Hellenic Republic and the Government of the Democratic
Socialist Republic of Sri Lanka initialled in Athens on 5 November 2002, hereinafter referred to as ‘Sri Lanka – Greece
Agreement’ in Annex 2;
— Agreement between the Government of the Italian Republic and the Government of Ceylon relating to Air Services
done in Colombo on 1 June 1959, hereinafter referred to as ‘Sri Lanka – Italy Agreement’ in Annex 2;
— Agreement between the Government of the Kingdom of the Netherlands and the Government of Ceylon for Air
Services between and beyond their respective territories done in Colombo on 14 September 1953, hereinafter referred
to as ‘Sri Lanka – Netherlands Agreement’ in Annex 2;
— Agreement between the Government of the Polish People’s Republic and the Government of the Democratic Socialist
Republic of Sri Lanka for air services between and beyond their respective territories done at Colombo on 26 January
1982 hereinafter referred to as ‘Sri Lanka – Poland Agreement’ in Annex 2;
— Agreement between the Government of Sweden and the Government of Ceylon relating to Air Services done in
Colombo on 29 May 1959, hereinafter referred to as ‘Sri Lanka – Sweden Agreement’ in Annex 2;
— Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the
Government of the Democratic Socialist Republic of Sri Lanka concerning Air Services done at Colombo on
22 April 1998, as amended, hereinafter referred to as ‘Sri Lanka – United Kingdom Agreement’ in Annex 2.

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L 49/8
EN
Official Journal of the European Union
22.2.2013
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 by a Member State:
— Article 3 of the Sri Lanka — Austria Agreement;
— Article 3 of the Sri Lanka — Belgium Agreement;
— Article 4 of the Sri Lanka — Cyprus Agreement;
— Article 3 of the Sri Lanka — Czech Republic Agreement;
— Article 2 of the Sri Lanka — Denmark Agreement;
— Article 3 of the Sri Lanka — France Agreement;
— Article 3, paragraph 4, of the Sri Lanka — Germany Agreement;
— Article 3 of the Sri Lanka — Greece Agreement;
— Article 4, paragraphs 1 to 3, of the Sri Lanka — Italy Agreement;
— Article 2 of the Sri Lanka — Netherlands Agreement;
— Article 3 of the Sri Lanka — Poland Agreement;
— Article 2 of the Sri Lanka — Sweden Agreement;
— Article 4 of the Sri Lanka — United Kingdom Agreement.
(b) Refusal, revocation, suspension or limitation of authorisations or permissions:
— Article 4 of the Sri Lanka — Austria Agreement;
— Article 5 of the Sri Lanka — Belgium Agreement;
— Article 3, paragraph 4, of the Sri Lanka — Bulgaria Agreement;
— Article 5 of the Sri Lanka — Cyprus Agreement;
— Article 4 of the Sri Lanka — Czech Republic Agreement;
— Article 6 of the Sri Lanka — Denmark Agreement;
— Article 3, paragraph 4 and Article 4, of the Sri Lanka — France Agreement;
— Article 4, paragraph 1, of the Sri Lanka — Germany Agreement;
— Article 4 of the Sri Lanka — Greece Agreement;
— Article 4, paragraphs 4 to 6, of the Sri Lanka — Italy Agreement;
— Article 3 of the Sri Lanka — Netherlands Agreement;
— Article 6 of the Sri Lanka — Sweden Agreement;
— Article 5 of the Sri Lanka — United Kingdom Agreement.
(c) Safety:
— Article 7 of the Sri Lanka — Austria Agreement;
— Article 7 of the Sri Lanka — Belgium Agreement;
— Article 10 of the Sri Lanka — Cyprus Agreement;
— Article 7 of the Sri Lanka — Czech Republic Agreement;
— Article 4 of the Sri Lanka — Denmark Agreement;
— Article 7 of the Sri Lanka — Greece Agreement;
— Article 7 of the Sri Lanka — Poland Agreement;
— Article 4 of the Sri Lanka — Sweden Agreement.

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EN
22.2.2013 Official
Journal
of
the
European
Union
L
49/9
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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