2011/94/EU: Council Decision of 25 May 2010 on the signing of the Agreement on certain aspects of air services between the European Union and the United Mexican States

The signing of the Agreement on certain aspects of air services between the European Union and the United Mexican States is hereby approved on behalf of the Union, subject to the conclusion of the Agreement. The text of the Agreement is attached to this Decision.

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union subject to its conclusion.

This Decision shall enter into force on the date of its adoption.

This Decision shall be published in the Official Journal of the European Union.

1 References to nationals of a Member State of the 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.

2 References to air carriers from a Member State of the European Union that is a Party to each of the bilateral agreements listed in Annex I shall be understood as references to air carriers designated by that Member State of the European Union.

3 This Agreement modifies certain provisions of existing bilateral air service agreements listed in Annex I, without affecting existing traffic rights.

1 The provisions of paragraphs 2 and 3 of this Article shall supersede the corresponding provisions of the Articles listed in points (a) and (b) respectively of Annex II, as regards the designation of an air carrier by a Member State of the European Union, the authorisations and permissions granted by the United Mexican States, and the refusal, revocation, suspension or limitation of the authorisations or permissions of the air carrier, respectively.

2 Upon receipt of a designation by a Member State of the European Union, the United Mexican States shall grant the relevant authorisations and permissions without delay, provided that: (a) the air carrier is established in the territory of the designating Member State of the European Union under the Treaty on the European Union and the Treaty on the Functioning of the European Union and has a valid operating licence in accordance with the law of the European Union; and (b) effective regulatory control of the air carrier is exercised and maintained by the Member State of the European Union responsible for issuing its Air Operator’s Certificate and the relevant aeronautical authority is clearly identified in the designation; and (c) the air carrier is owned, directly or through majority ownership, and is effectively controlled by Member States of the European Union or nationals of such countries or by the countries listed in Annex III or nationals of those other countries.

3 The United Mexican States may refuse, revoke, suspend or limit the authorisations or permissions granted to an air carrier designated by a Member State of the European Union where one of the conditions mentioned in paragraph 2 is not met. In exercising the rights under this paragraph, the United Mexican States shall not discriminate between air carriers from the European Union on the grounds of nationality.

1 The provisions of paragraph 2 of this Article shall complement the Articles listed in Annex II, point (c).

2 Where a Member State of the European Union has designated an air carrier whose regulatory control is exercised and maintained by another Member State of the European Union, the rights of the United Mexican States under the safety provisions of the agreement between the Member State of the European Union that has designated the air carrier and the United Mexican States shall apply equally in respect of the adoption, exercise and maintenance of safety standards by that other Member State of the European Union and in respect of the operating authorisation for that air carrier.

1 None of the bilateral agreements between the United Mexican States and Member States of the European Union may: (a) favour the adoption of agreements between undertakings, decisions by associations of undertakings or concerted practices that prevent, distort or restrict competition; (b) reinforce the effects of any such agreement, decision or concerted practice; or (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 Annex I that are incompatible with paragraph 1 shall not apply.

The Annexes to this Agreement shall form an integral part thereof.

The Parties may, at any time, revise or amend this Agreement by mutual consent, in writing. Those modifications shall enter into force in accordance with the procedure set out in Article 7(1) of this Agreement.

1 This Agreement shall enter into force thirty (30) days after the date of the last note with which the Parties provide written notification, via diplomatic channels, that their respective internal procedures necessary for that effect have been concluded.

2 This Agreement shall apply to the bilateral agreements listed in Annex I, point (b) once the latter have entered into force.

3 This Agreement shall prevail in the event of a difference between the provisions of this Agreement and the bilateral agreements listed in Annex I.

1 In the event of the termination of any of the bilateral agreements listed in Annex I, all provisions of this Agreement relating to the said agreement shall terminate simultaneously.

2 In the event of the termination of all of the bilateral agreements listed in Annex I, this Agreement shall terminate at the same time as the last of those agreements.