2006. évi LXII. törvény
az Európai Közösség és azok tagállamai, valamint az Albán Köztársaság, Bosznia-Hercegovina, a Bolgár Köztársaság, a Horvát Köztársaság, az Izlandi Köztársaság, Macedónia Volt Jugoszláv Köztársaság, a Norvég Királyság, Szerbia és Montenegró, Románia és az ENSZ igazgatása alatt álló Koszovó között az Európai Közös Légtér (EKLT) létrehozására irányuló többoldalú Megállapodás kihirdetéséről1
1. § Az Országgyűlés e törvénnyel felhatalmazást ad az Európai Közösség és azok tagállamai, valamint az Albán Köztársaság, Bosznia-Hercegovina, a Bolgár Köztársaság, a Horvát Köztársaság, az Izlandi Köztársaság, Macedónia Volt Jugoszláv Köztársaság, a Norvég Királyság, Szerbia és Montenegró, Románia és az ENSZ igazgatása alatt álló Koszovó között az Európai Közös Légtér (EKLT) létrehozására irányuló többoldalú Megállapodás (a továbbiakban: Megállapodás) kötelező hatályának elismerésére.
2. § Az Országgyűlés a Megállapodást e törvénnyel kihirdeti.
3. § A Megállapodás hiteles angol és magyar nyelvű szövege a következő:
Multilateral Agreement between the Republic of Albania, Bosnia and Herzegovina, the Republic of Bulgaria, the Republic of Croatia, the European Community and its Member States, the Republic of Iceland, the former Yugoslav Republic of Macedonia, the Kingdom of Norway, Serbia and Montenegro, Romania and the United Nations Interim Administration Mission in Kosovo on the Establishment of a European Common Aviation Area)~„Multilateral Agreement between the Republic of Albania, Bosnia and Herzegovina, the Republic of Bulgaria, the Republic of Croatia, the European Community and its Member States, the Republic of Iceland, the former Yugoslav Republic of Macedonia, the Kingdom of Norway, Serbia and Montenegro, Romania and the United Nations Interim Administration Mission in Kosovo2 on the Establishment of a European Common Aviation Area
The Kingdom of Belgium,
the Czech Republic,
the Kingdom of Denmark,
the Federal Republic of Germany,
the Republic of Estonia,
the Hellenic Republic,
the Kingdom of Spain,
the French Republic,
Ireland,
the Italian Republic,
the Republic of Cyprus,
the Republic of Latvia,
the Republic of Lithuania,
he Grand Duchy of Luxembourg,
the Republic of Hungary,
the Republic of Malta,
the Kingdom of the Netherlands,
the Republic of Austria,
the Republic of Poland,
the Portuguese Republic,
the Republic of Slovenia,
the Slovak Republic,
the Republic of Finland,
the Kingdom of Sweden,
the United Kingdom of Great Britain and Northern
Ireland,
hereinafter referred to as „EC Member States”, and
the European Community, hereinafter referred to as „the Community” or „the European Community”, and
the Republic of Albania,
Bosnia and Herzegovina,
the Republic of Bulgaria,
the Republiuc of Croatia,
the Republic of Iceland,
the former Yugoslav Republic of Macedonia,
the Kingdom of Norway,
Serbia and Montenegro,
Romania, and
the United Nations Interim administartion in Kosovo,
all of the above hereinafter referred to as „the Contracting Parties”
The Contracting Parties
recognising the integrated character of international civil aviation and desiring to create a European Common Aviation Area (ECAA) based on mutual market access to the air transport markets of the Contracting Parties and the freedom of establishment, with equal conditions of competition, and the respect of the same rules - including in the areas of safety, security, air traffic management, social harmonisation and environment;
considering that the rules concerning the ECAA shall apply on a multilateral basis within the ECAA and that specific rules, therefore, need to be defined in this respect;
agreeing that it is appropriate to base these rules of the ECAA on the relevant legislation in force within the European Community, as laid down in Annex I to this Agreement, without prejudice to those contained in the EC Treaty;
recognising that full compliance with the ECAA rules entitle the Contracting Parties to reap the benefits from the ECAA, including market access;
bearing in mind that compliance with the ECAA rules, including full market access, cannot be achieved in one step, but rather by means of a transition facilitated by specific arrangements of limited duration;
emphasising that, subject to transitional arrangements where necessary, the rules concerning market access of air carriers should exclude limitations on frequencies, capacity, air routes, type of aircraft or similar restrictions under bilateral air transport agreements or arrangements, and that air carriers should not be required to enter into commercial agreements or similar arrangements as a condition to market access;
emphasizing that air carriers should be treated in a non-discriminatory manner regarding their access to air transport infrastructures especially where these infrastructures are limited;
bearing in mind that Association Agreements as a matter of principle provide that, with a view to ensuring a co-ordinated development and progressive liberalisation of transport between their Parties adapted to reciprocal commercial needs, the conditions of mutual market access in air transport shall be dealt with by special agreements;
bearing in mind the desire of each of the Associated Parties to make its laws on air transport and associated matters compatible with those of the European Community, including with regard to future legislative developments within the Community;
recognising the importance of technical assistance in this perspective;
recognising that the relations between the Community and the EC Member States and Norway and Iceland must continue to be governed by the European Economic Area Agreement;
desiring to allow for subsequent enlargement of the European Common Aviation Area;
recalling the negotiations between the European Community and the Associated Parties with a view to concluding Agreements on Certain Aspects of Air Services which will bring bilateral air service agreements between the European Community Member States and the Associated Parties in line with European Community law;
have agreed as follows:
Objectives and principle
Article 1
1. The aim of this Agreement is the creation of a European Common Aviation Area, hereinafter referred to as the ECAA. The ECAA shall be based on free market access, freedom of establishment, equal conditions of competition, and common rules including in the safety, security, air traffic management, social and environment areas. For this purpose this Agreement sets out the rules applicable between the Contracting Parties under the conditions set out hereafter. These rules include the provisions laid down by the legislation specified in Annex I.
2. The provisions of this Agreement shall apply to the extent that they concern air transport or an associated matter mentioned in Annex I.
3. This Agreement consists of a series of articles, setting out the general functioning of the ECAA (the Main Agreement), a series of Annexes, of which Annex I contains the European Community legislation applicable between the Contracting Parties in the framework of the Main Agreement, and a series of Protocols, of which at least one for each Associated Party establishes the transitional arrangements applicable to it.
Article 2
1. For the purposes of this Agreement:
(a) the term „Agreement” means the Main Agreement, its Annexes, the acts referred to in Annex I as well as its Protocols;
(b) the term „Associated Party” means the Republic of Albania, Bosnia and Herzegovina, the Republic of Bulgaria, the Republic of Croatia, the former Yugoslav Republic of Macedonia, Romania, Serbia and Montenegro, or any other State or entity that shall have become a party to this Agreement pursuant to Article 32;
(c) an additional Associated Party is UNMIK meaning the United Nations Interim Administration Mission in Kosovo pursuant to UN Security Council Resolution 1244 of 10 June 1999;
(d) the term „Contracting Party” means, concerning the Community and the EC Member States, the Community and the EC Member States, or the Community, or the EC Member States. The meaning to be attributed to this expression in each case is to be deduced from the relevant provisions of this Agreement and from the respective competences of the Community and the EC Member States as they follow from the Treaty;
(e) the term „ECAA Partner” means an Associated Party, Norway or Iceland;
(f) the term „EC Treaty” means the Treaty Establishing the European Community;
(g) the term „EEA Agreement” means the Agreement on the European Economic Area and its Protocols and Annexes signed on 2nd May 1992 to which the European Community, its Member States, Iceland, Liechtenstein and Norway are parties;
(h) the term „Association Agreement” means each of such Agreements establishing an association between the European Community, or between the European Community and its Member States, on the one hand, and the respective Associated Party, on the other hand;
(i) the term „ECAA air carrier” means an air carrier, which is licensed as provided by this Agreement in accordance with the provisions of the relevant acts specified in Annex I;
(j) the term „Competent Civil Aviation Authority” means a government agency or entity that exercises a legal right to assess conformity of, to certify and control the use or sale of products or services or licences within a Contracting Party’s jurisdiction and may take enforcement action to ensure that products or services marketed within its jurisdiction comply with legal requirements;
(k) the term „Convention” means the Convention on International Civil Aviation, opened for signature at Chicago on 7 December 1944, and the amendments and Annexes thereof;
(l) the term „SESAR” means the technical implementation of the Single European Sky which provides a co-ordinated and synchronised research, development and deployment of the new generations of ATM systems;
(m) the term „ATM Master Plan” means the starting point of SESAR;
(n) the term „EC Member State” means a Member State of the European Community.
2. The use of the terms „country”, „national”, „nationals” or „territory” is without prejudice to the status of each Contracting Party under international law.
Article 3
The applicable provisions of Acts referred to or contained either in Annex I to this Agreement, adapted in accordance with Annex II to this Agreement, or in decisions of the Joint Committee shall be binding upon the Contracting Parties and be, or be made, part of their internal legal order as follows:
(a) an act corresponding to an EC Regulation shall be made part of the internal legal order of the Contracting Parties;
(b) an act corresponding to an EC Directive shall leave to the authorities of the Contracting Parties the choice of form and method of implementation.
Article 4
The Contracting Parties shall take all appropriate measures, whether general or particular, to ensure fulfilment of the obligations arising out of this Agreement and shall abstain from any measure which could jeopardise the attainment of the objectives of this Agreement.
Article 5
The provisions of this Agreement shall not affect the relations between the Contracting Parties of the EEA Agreement.
Non-discrimination
Article 6
Within the scope of this Agreement, and without prejudice to any special provisions contained therein, any discrimination on grounds of nationality shall be prohibited.
Right of establishment
Article 7
Within the scope and conditions of this Agreement and without prejudice to the provisions of the relevant acts specified in Annex I, there shall be no restrictions on the freedom of establishment of nationals of an EC Member State or an ECAA Partner in the territory of any of them. Freedom of establishment shall include the right to take up and pursue activities as self-employed persons and to set up and manage undertakings, in particular companies or firms under the conditions laid down for its own nationals by the law of the country where such establishment is effected. This shall also apply to the setting up of agencies, branches or subsidiaries by nationals of any EC Member State or ECAA Partner established in the territory of any of them.
Article 8
1. Within the scope of this Agreement and without prejudice to the provisions of the relevant acts specified in Annex I, companies or firms constituted or organised in accordance with the law of an EC Member State or an ECAA Partner and having their principal place of business within the ECAA shall be treated in the same way as natural persons who are nationals of EC Member States or ECAA Partners.
2. The terms „companies or firms” mean companies or firms constituted under civil or commercial law, including co-operative societies, and other legal persons governed by public or private law, except those which are non-profit-making.
Article 9
1. The provisions of Articles 7 and 8 shall not apply to activities which, in the territory of any Contracting Party, are connected, even occasionally, with the exercise of official authority.
2. The provisions of Articles 7 and 8 and measures taken in pursuance thereof shall not prejudice the applicability of provisions laid down by law, regulation or administrative action of the Contracting Parties regarding entry, residence and employment or providing for special treatment for foreign nationals on grounds of public policy, public security or public health.
Article 10
1. Without prejudice to more favourable provisions in existing agreements and within the scope of this Agreement, the Contracting Parties shall abolish quantitative restrictions and measures having an equivalent effect, to transfers of equipment, supplies, spare parts, and other devices when they are necessary for an ECAA air carrier to continue to provide air transport services under the conditions foreseen by this Agreement.
2. This obligation shall not preclude the Contracting Parties from prohibiting or imposing restrictions on such transfers justified on the grounds of public policy or public security; the protection of health and life of humans, animals or plants; or the protection of intellectual, industrial and commercial property. Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between the Contracting Parties.