Common use of LEGISLATIVE ACTS AND OTHER INSTRUMENTS Clause in Contracts

LEGISLATIVE ACTS AND OTHER INSTRUMENTS. Subject: Agreement between the European Union and the government of the Republic of 18268/11 DG C I C KSM/kst AGREEMENT BETWEEN THE EUROPEAN UNION AND THE GOVERNMENT OF THE REPUBLIC OF TURKEY ON CERTAIN ASPECTS OF AIR SERVICES THE EUROPEAN UNION, (hereinafter "the Union") of the one part, and THE GOVERNMENT OF THE REPUBLIC OF TURKEY (hereinafter "Turkey") of the other part (hereinafter "the Parties"), HAVING REGARD to Council Decision 64/732/EEC of 23 December 1963 on the conclusion of the Agreement establishing an Association between the European Economic Community and Turkey, and Decision 1/95 of the EC-Turkey Association Council of 22 December 1995 on implementing the final phase of the Customs Union, which constitute the legal basis of Turkey's association with the EU, HAVING REGARD to the adoption at the Luxembourg Intergovernmental Conference of 3 October 2005 of the Negotiating Framework and in particular Articles 1, 2 and 6 thereof, HAVING REGARD to Council Decision 2008/157/EC of 18 February 2008 on the principles, priorities and conditions contained in the Accession Partnership with the Republic of Turkey and the 2008 National Programme of Turkey for the Adoption of the EU Acquis in which Turkey accepts and is prepared to implement the full "Acquis" in relation to air transport matters upon accession to the EU, NOTING that, until such accession, this Agreement will open the way towards Turkey's participation in Union civil aviation projects, in particular the Single European Sky, in order to assist Turkey in the adoption of the "Acquis", NOTING that the European Court of Justice has found that certain provisions of bilateral air services agreements concluded between several Member States of the Union and third countries are incompatible with Union law, NOTING that bilateral air services agreements concluded between several Member States of the Union and Turkey contain similar provisions and that there is an obligation on Member States to take all appropriate steps to eliminate incompatibilities between such agreements and Union law, NOTING that the Union has exclusive competence with respect to several aspects that may be included in bilateral air services agreements between Member States of the Union and third countries, NOTING that under Union law 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 to acquire ownership in air carriers licensed in accordance with Union law, RECOGNISING that consistency between Union law and the provisions of the bilateral air services agreements between Member States of the Union and Turkey will provide a sound legal basis for air services between the Union and Turkey and preserve the continuity of such air services, NOTING that under Union law 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 services agreements concluded between Member States of the Union and Turkey 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 these negotiations, to increase the total volume of air traffic between the Union and Turkey, to affect the balance between Community air carriers and air carriers of Turkey, or to negotiate amendments to the provisions of existing bilateral air services agreements concerning traffic rights, NOTING that nothing in this Agreement shall be deemed to confer on the air carrier of a Designating Member State the privilege of taking advantage of unused frequencies between Turkey and other Member States before the procedures regarding designation have been duly completed between the designating Member State and Turkey, NOTING that the principle of fair and equal opportunity laid down in the relevant bilateral Air Services Agreements for Turkish and Community air carriers will be fully respected, HAVE AGREED AS FOLLOWS:

LEGISLATIVE ACTS AND OTHER INSTRUMENTS. Subject: Agreement between the European Union and the government of the Republic of 18268/11 DG C I C KSMKorea on certain aspects of air services 15082/19 TREE.2 RS/kst NT/sr AGREEMENT BETWEEN THE EUROPEAN UNION AND THE GOVERNMENT OF THE REPUBLIC OF TURKEY ON CERTAIN ASPECTS OF AIR SERVICES THE EUROPEAN UNION, (hereinafter "the Union") of the one part, and THE GOVERNMENT OF THE REPUBLIC OF TURKEY (hereinafter "Turkey") KOREA, of the other part (part, hereinafter jointly referred to as "the Contracting Parties"), HAVING REGARD to Council Decision 64/732/EEC of 23 December 1963 on the conclusion of the Agreement establishing an Association between the European Economic Community and Turkey, and Decision 1/95 of the EC-Turkey Association Council of 22 December 1995 on implementing the final phase of the Customs Union, which constitute the legal basis of Turkey's association with the EU, HAVING REGARD to the adoption at the Luxembourg Intergovernmental Conference of 3 October 2005 of the Negotiating Framework and in particular Articles 1, 2 and 6 thereof, HAVING REGARD to Council Decision 2008/157/EC of 18 February 2008 on the principles, priorities and conditions contained in the Accession Partnership with the Republic of Turkey and the 2008 National Programme of Turkey for the Adoption of the EU Acquis in which Turkey accepts and is prepared to implement the full "Acquis" in relation to air transport matters upon accession to the EU, NOTING that, until such accession, this Agreement will open the way towards Turkey's participation in Union civil aviation projects, in particular the Single European Sky, in order to assist Turkey in the adoption of the "Acquis", NOTING that the European Court of Justice of the European Union has found that certain provisions of bilateral air services agreements entered into by several Member States of the European Union with third countries are incompatible with the law of the European Union, NOTING that a number of bilateral air services agreements have been concluded between several Member States of the European Union and third countries are incompatible with Union law, NOTING that bilateral air services agreements concluded between several Member States the Republic of the Union and Turkey contain Korea containing similar provisions and that there is an obligation on for Member States of the European Union to take all appropriate steps to eliminate incompatibilities between such agreements and Union lawthe EU Treaties, NOTING that the European Union has exclusive competence with respect to several a number of aspects that may be included in bilateral air services agreements between the Member States of the European Union and third countries, NOTING that that, under the law of the European Union, European Union law Community air carriers established in a Member State of the European Union have the right to non-discriminatory access to air routes between the Member States of the European Union and third countries, HAVING REGARD to the agreements between the European 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 Union lawthe law of the European Union, RECOGNISING that consistency between the law of the European Union law and provisions of the bilateral air service agreements between Member States of the European Union and the Republic of Korea will provide a sound legal basis for air services between the European Union and the Republic of Korea and preserve the continuity of such air services, NOTING that provisions of the bilateral air services agreements between Member States of the European Union and Turkey will provide a sound legal basis for air services between the Republic of Korea which are not inconsistent with the law of the European Union and Turkey and preserve the continuity of such air servicesdo not need to be amended or replaced, NOTING that under Union law amendments to the bilateral air carriers may not, in principle, conclude services agreements which may affect trade between Member States of the European Union and which have as their object or effect the prevention, restriction or distortion Republic of competition, RECOGNISING that provisions in bilateral air services agreements concluded Korea would confirm the excellent relationship between Member States of the European Union and Turkey which i) require or favour the adoption Republic of agreements between undertakingsKorea in the field of air transport, 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, and NOTING that it is not a purpose of the Union, as part of these negotiations, European Union in this Agreement to increase the total volume of air traffic between the European Union and Turkeythe Republic of Korea, to affect the balance between Community European Union air carriers and air carriers of Turkeythe Republic of Korea, or to negotiate amendments to prevail over the interpretation of the provisions of existing bilateral air services service agreements concerning traffic rights, NOTING that nothing in this Agreement shall be deemed to confer on the air carrier of a Designating Member State the privilege of taking advantage of unused frequencies between Turkey and other Member States before the procedures regarding designation have been duly completed between the designating Member State and Turkey, NOTING that the principle of fair and equal opportunity laid down in the relevant bilateral Air Services Agreements for Turkish and Community air carriers will be fully respected, HAVE AGREED AS FOLLOWS:

LEGISLATIVE ACTS AND OTHER INSTRUMENTS. Subject: Agreement between the European Union and the government of the Republic of 18268/11 DG C I C KSMColombia on the short stay visa waiver 12094/15 DGD 1 RD/kst DOS/vm AGREEMENT BETWEEN THE EUROPEAN UNION AND THE GOVERNMENT OF THE REPUBLIC OF TURKEY COLOMBIA ON CERTAIN ASPECTS OF AIR SERVICES THE SHORT-STAY VISA WAIVER THE EUROPEAN UNION, (hereinafter "referred to as “the Union") of ” or “the one partEU”, and THE GOVERNMENT OF THE REPUBLIC OF TURKEY (COLOMBIA, hereinafter "Turkey") of referred to as “Colombia”, hereinafter referred to jointly as the other part (hereinafter "“Contracting Parties”, WITH A VIEW TO further developing friendly relations between the Parties")Contracting Parties and desiring to facilitate travel by ensuring visa-free entry and short stay for their citizens, HAVING REGARD to Council Decision 64/732/EEC of 23 December 1963 on the conclusion Regulation (EU) No 509/2014 of the Agreement establishing an Association between the European Economic Community Parliament and Turkey, and Decision 1/95 of the EC-Turkey Association Council of 22 December 1995 on implementing 15 May 2014 amending Council Regulation (EC) No 539/2001 listing the final phase of the Customs Union, which constitute the legal basis of Turkey's association with the EU, HAVING REGARD to the adoption at the Luxembourg Intergovernmental Conference of 3 October 2005 of the Negotiating Framework and in particular Articles 1, 2 and 6 thereof, HAVING REGARD to Council Decision 2008/157/EC of 18 February 2008 on the principles, priorities and conditions contained in the Accession Partnership with the Republic of Turkey and the 2008 National Programme of Turkey for the Adoption of the EU Acquis in which Turkey accepts and is prepared to implement the full "Acquis" in relation to air transport matters upon accession to the EU, NOTING that, until such accession, this Agreement will open the way towards Turkey's participation in Union civil aviation projects, in particular the Single European Sky, in order to assist Turkey in the adoption of the "Acquis", NOTING that the European Court of Justice has found that certain provisions of bilateral air services agreements concluded between several Member States of the Union and third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are incompatible with Union lawexempt from that requirement1 by, NOTING that bilateral air services agreements concluded between several Member States of the Union and Turkey contain similar provisions and that there is an obligation on Member States to take all appropriate steps to eliminate incompatibilities between such agreements and Union lawinter alia, NOTING that the Union has exclusive competence with respect to several aspects that may be included in bilateral air services agreements between Member States of the Union and transferring 19 third countries, NOTING including Colombia, to the list of third countries whose nationals are exempt from the visa requirement for short stays in the Member States, BEARING IN MIND that under Article 1 of Regulation (EU) No 509/2014 states that for those 19 countries, the exemption from the visa requirement shall apply from the date of entry into force of an agreement on visa exemption to be concluded with the Union, DESIRING to safeguard the principle of equal treatment of all EU citizens, 1 OJEU L 149, 20.5.2014, p. 67. TAKING INTO ACCOUNT that persons travelling for the purpose of carrying out a paid activity during their short stay are not covered by this Agreement and therefore for that category the relevant rules of Union law Community air carriers established in a Member State have the right to non-discriminatory access to air routes between and national law of the Member States and the national law of Colombia on the visa obligation or exemption and on the access to employment continue to apply, TAKING INTO ACCOUNT the Protocol on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice and the Protocol on the Schengen acquis integrated into the framework of the European Union, annexed to the Treaty on European Union and third countriesthe Treaty on the Functioning of the European Union, 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 Union law, RECOGNISING confirming that consistency between Union law and the provisions of the bilateral air services agreements between Member States of the Union and Turkey will provide a sound legal basis for air services between the Union and Turkey and preserve the continuity of such air services, NOTING that under Union law 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 services agreements concluded between Member States of the Union and Turkey 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 this Agreement do not a purpose of the Union, as part of these negotiations, to increase the total volume of air traffic between the Union and Turkey, to affect the balance between Community air carriers and air carriers of Turkey, or to negotiate amendments apply to the provisions of existing bilateral air services agreements concerning traffic rights, NOTING that nothing in this Agreement shall be deemed to confer on the air carrier of a Designating Member State the privilege of taking advantage of unused frequencies between Turkey United Kingdom and other Member States before the procedures regarding designation have been duly completed between the designating Member State and Turkey, NOTING that the principle of fair and equal opportunity laid down in the relevant bilateral Air Services Agreements for Turkish and Community air carriers will be fully respectedIreland, HAVE AGREED AS FOLLOWS:

LEGISLATIVE ACTS AND OTHER INSTRUMENTS. Subject: Agreement between the European Union and the government of the Republic of 18268/11 DG C I C KSMVanuatu on the short-stay visa waiver DGD 1 RD/kst DOS/kp AGREEMENT BETWEEN THE EUROPEAN UNION AND THE GOVERNMENT OF THE REPUBLIC OF TURKEY VANUATU ON CERTAIN ASPECTS OF AIR SERVICES THE SHORT-STAY VISA WAIVER THE EUROPEAN UNION, (hereinafter referred to as "the Union") of " or 'the one partEU', and THE GOVERNMENT OF THE REPUBLIC OF TURKEY (VANUATU, hereinafter referred to as "TurkeyVanuatu") of , hereinafter referred to jointly as the other part (hereinafter "the Contracting Parties"), WITH A VIEW TO further developing friendly relations between the Contracting Parties and desiring to facilitate travel by ensuring visa-free entry and short stay for their citizens, HAVING REGARD to Council Decision 64/732/EEC of 23 December 1963 on the conclusion Regulation (EU) No 509/2014 of the Agreement establishing an Association between the European Economic Community Parliament and Turkey, and Decision 1/95 of the EC-Turkey Association Council of 22 December 1995 on implementing 15 May 2014 amending Council Regulation (EC) No 539/2001 listing the final phase of the Customs Union, which constitute the legal basis of Turkey's association with the EU, HAVING REGARD to the adoption at the Luxembourg Intergovernmental Conference of 3 October 2005 of the Negotiating Framework and in particular Articles 1, 2 and 6 thereof, HAVING REGARD to Council Decision 2008/157/EC of 18 February 2008 on the principles, priorities and conditions contained in the Accession Partnership with the Republic of Turkey and the 2008 National Programme of Turkey for the Adoption of the EU Acquis in which Turkey accepts and is prepared to implement the full "Acquis" in relation to air transport matters upon accession to the EU, NOTING that, until such accession, this Agreement will open the way towards Turkey's participation in Union civil aviation projects, in particular the Single European Sky, in order to assist Turkey in the adoption of the "Acquis", NOTING that the European Court of Justice has found that certain provisions of bilateral air services agreements concluded between several Member States of the Union and third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are incompatible with Union lawexempt from that requirement1 by, NOTING that bilateral air services agreements concluded between several Member States of the Union and Turkey contain similar provisions and that there is an obligation on Member States to take all appropriate steps to eliminate incompatibilities between such agreements and Union lawinter alia, NOTING that the Union has exclusive competence with respect to several aspects that may be included in bilateral air services agreements between Member States of the Union and transferring 19 third countries, NOTING including Vanuatu, to the list of third countries whose nationals are exempt from the visa requirement for short stays in the Member States, BEARING IN MIND that under Article 1 of Regulation (EU) No 509/2014 states that for those 19 countries, the exemption from the visa requirement shall apply from the date of entry into force of an agreement on visa exemption to be concluded with the Union, DESIRING to safeguard the principle of equal treatment of all EU citizens, TAKING INTO ACCOUNT that persons travelling for the purpose of carrying out a paid activity during their short stay are not covered by this Agreement and therefore for that category the relevant rules of Union law Community air carriers established in a Member State have the right to non-discriminatory access to air routes between and national law of the Member States and the national law of Vanuatu on the visa obligation or exemption and on the access to employment continue to apply, 1 OJEU L 149, 20.5.2014, p. 67. TAKING INTO ACCOUNT the Protocol on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice and the Protocol on the Schengen acquis integrated into the framework of the European Union, annexed to the Treaty on European Union and third countriesthe Treaty on the Functioning of the European Union, 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 Union law, RECOGNISING confirming that consistency between Union law and the provisions of the bilateral air services agreements between Member States of the Union and Turkey will provide a sound legal basis for air services between the Union and Turkey and preserve the continuity of such air services, NOTING that under Union law 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 services agreements concluded between Member States of the Union and Turkey 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 this Agreement do not a purpose of the Union, as part of these negotiations, to increase the total volume of air traffic between the Union and Turkey, to affect the balance between Community air carriers and air carriers of Turkey, or to negotiate amendments apply to the provisions of existing bilateral air services agreements concerning traffic rights, NOTING that nothing in this Agreement shall be deemed to confer on the air carrier of a Designating Member State the privilege of taking advantage of unused frequencies between Turkey United Kingdom and other Member States before the procedures regarding designation have been duly completed between the designating Member State and Turkey, NOTING that the principle of fair and equal opportunity laid down in the relevant bilateral Air Services Agreements for Turkish and Community air carriers will be fully respectedIreland, HAVE AGREED AS FOLLOWS:

LEGISLATIVE ACTS AND OTHER INSTRUMENTS. Subject: Agreement between the European Union and the government of the People's Republic of 18268/11 DG C I C KSMBangladesh on certain aspects of air services 14378/15 DGE 2 RDY/kst NT/vm AGREEMENT BETWEEN THE EUROPEAN UNION AND THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF TURKEY BANGLADESH ON CERTAIN ASPECTS OF AIR SERVICES THE EUROPEAN UNION, (hereinafter "the Union") UNION of the one part, and THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF TURKEY (hereinafter "Turkey") BANGLADESH of the other part (hereinafter "referred to as ‘the Parties"), HAVING REGARD to Council Decision 64/732/EEC of 23 December 1963 on the conclusion of the Agreement establishing an Association between the European Economic Community and Turkey, and Decision 1/95 of the EC-Turkey Association Council of 22 December 1995 on implementing the final phase of the Customs Union, which constitute the legal basis of Turkey's association with the EU, HAVING REGARD to the adoption at the Luxembourg Intergovernmental Conference of 3 October 2005 of the Negotiating Framework and in particular Articles 1, 2 and 6 thereof, HAVING REGARD to Council Decision 2008/157/EC of 18 February 2008 on the principles, priorities and conditions contained in the Accession Partnership with the Republic of Turkey and the 2008 National Programme of Turkey for the Adoption of the EU Acquis in which Turkey accepts and is prepared to implement the full "Acquis" in relation to air transport matters upon accession to the EU, NOTING that, until such accession, this Agreement will open the way towards Turkey's participation in Union civil aviation projects, in particular the Single European Sky, in order to assist Turkey in the adoption of the "Acquis", ’) NOTING that the European Court of Justice has found that certain provisions of bilateral air services service agreements have been concluded between several Member States of the European Union and third countries are incompatible with Union law, NOTING that bilateral air services agreements concluded between several Member States the People’s Republic of Bangladesh containing provisions contrary to the law of the Union and Turkey contain similar provisions and that there is an obligation on Member States to take all appropriate steps to eliminate incompatibilities between such agreements and Union lawEuropean Union, NOTING that the European Union has exclusive competence with respect to several aspects that may be included in bilateral air services service agreements between Member States of the European Union and third countries, NOTING that under the law of the European Union law Community air carriers established in a Member State have the right to non-discriminatory access to air routes between the Member States of the European Union and third countries, HAVING REGARD to the agreements between the European 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 Union lawthe law of the European Union, RECOGNISING that consistency between Union law and the certain provisions of the bilateral air services service agreements between Member States of the European Union and Turkey will provide the People’s Republic of Bangladesh, which are contrary to the law of the European Union, must be brought into conformity with it in order to establish a sound legal basis for air services between the European Union and Turkey the People’s Republic of Bangladesh and to preserve the continuity of such air services, NOTING that under the law of the European Union law air carriers may not, in principle, conclude agreements which may affect trade between Member States of the European Union and which have as their object or effect the prevention, restriction or distortion of competition, RECOGNISING that provisions in bilateral air services service agreements concluded between Member States of the European Union and Turkey the People’s Republic of Bangladesh 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 European Union, as part of these negotiationsthis agreement, to increase the total volume of air traffic between the European Union and Turkeythe People’s Republic of Bangladesh, to affect the balance between Community European Union air carriers and air carriers of Turkeythe People’s Republic of Bangladesh, or to negotiate amendments to the provisions of existing bilateral air services service agreements concerning traffic rights, NOTING that nothing in this Agreement shall be deemed to confer on the air carrier Court of a Designating Member State Justice of the privilege European Union has found that certain provisions of taking advantage of unused frequencies between Turkey and other bilateral agreements entered into by several Member States before with third countries are incompatible with the procedures regarding designation have been duly completed law of the European Union, RECOGNISING that consistency between the designating law of the European Union and provisions of bilateral air services agreements between Member State States of the European Union and Turkeythe People’s Republic of Bangladesh will provide viable means to ensure continuity and development of air services between the European Union and Bangladesh, NOTING that provisions of the principle bilateral air services agreements between Member States of fair the European Union and equal opportunity laid down in the relevant bilateral Air Services Agreements for Turkish and Community air carriers will People’s Republic of Bangladesh which are not inconsistent with the law of the European Union do not need to be fully respectedaffected by this agreement, HAVE AGREED AS FOLLOWS:

LEGISLATIVE ACTS AND OTHER INSTRUMENTS. Subject: Agreement AGREEMENT between the European Union and the government of the Democratic Republic of 18268/11 DG C I C KSMTimor Leste on the short-stay visa waiver 7125/15 DGD 1 RD/kst DOS/vm AGREEMENT BETWEEN THE EUROPEAN UNION AND THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF TURKEY TIMOR-LESTE ON CERTAIN ASPECTS OF AIR SERVICES THE SHORT-STAY VISA WAIVER THE EUROPEAN UNION, (hereinafter "referred to as “the Union") of ” or “the one partEU”, and THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF TURKEY (TIMOR-LESTE, hereinafter "Turkey") of referred to as “Timor-Leste”, hereinafter referred to jointly as the other part (hereinafter "“Contracting Parties”, WITH A VIEW TO further developing friendly relations between the Parties")Contracting Parties and desiring to facilitate travel by ensuring visa-free entry and short stay for their citizens, HAVING REGARD to Council Decision 64/732/EEC of 23 December 1963 on the conclusion Regulation (EU) No 509/2014 of the Agreement establishing an Association between the European Economic Community Parliament and Turkey, and Decision 1/95 of the EC-Turkey Association Council of 22 December 1995 on implementing 15 May 2014 amending Council Regulation (EC) No 539/2001 listing the final phase of the Customs Union, which constitute the legal basis of Turkey's association with the EU, HAVING REGARD to the adoption at the Luxembourg Intergovernmental Conference of 3 October 2005 of the Negotiating Framework and in particular Articles 1, 2 and 6 thereof, HAVING REGARD to Council Decision 2008/157/EC of 18 February 2008 on the principles, priorities and conditions contained in the Accession Partnership with the Republic of Turkey and the 2008 National Programme of Turkey for the Adoption of the EU Acquis in which Turkey accepts and is prepared to implement the full "Acquis" in relation to air transport matters upon accession to the EU, NOTING that, until such accession, this Agreement will open the way towards Turkey's participation in Union civil aviation projects, in particular the Single European Sky, in order to assist Turkey in the adoption of the "Acquis", NOTING that the European Court of Justice has found that certain provisions of bilateral air services agreements concluded between several Member States of the Union and third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are incompatible with Union lawexempt from that requirement1 by, NOTING that bilateral air services agreements concluded between several Member States of the Union and Turkey contain similar provisions and that there is an obligation on Member States to take all appropriate steps to eliminate incompatibilities between such agreements and Union lawinter alia, NOTING that the Union has exclusive competence with respect to several aspects that may be included in bilateral air services agreements between Member States of the Union and transferring 19 third countries, NOTING including Timor-Leste, to the list of third countries whose nationals are exempt from the visa requirement for short stays in the Member States, BEARING IN MIND that under Article 1 of Regulation (EU) No 509/2014 states that for those 19 countries, the exemption from the visa requirement shall apply from the date of entry into force of an agreement on visa exemption to be concluded with the Union, DESIRING to safeguard the principle of equal treatment of all EU citizens, 1 OJEU L 149, 20.5.2014, p. 67. TAKING INTO ACCOUNT that persons travelling for the purpose of carrying out a paid activity during their short stay are not covered by this Agreement and therefore for that category the relevant rules of Union law Community air carriers established in a Member State have the right to non-discriminatory access to air routes between and national law of the Member States and the national law of Timor-Leste on the visa obligation or exemption and on the access to employment continue to apply, TAKING INTO ACCOUNT the Protocol on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice and the Protocol on the Schengen acquis integrated into the framework of the European Union, annexed to the Treaty on European Union and third countriesthe Treaty on the Functioning of the European Union, 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 Union law, RECOGNISING confirming that consistency between Union law and the provisions of the bilateral air services agreements between Member States of the Union and Turkey will provide a sound legal basis for air services between the Union and Turkey and preserve the continuity of such air services, NOTING that under Union law 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 services agreements concluded between Member States of the Union and Turkey 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 this Agreement do not a purpose of the Union, as part of these negotiations, to increase the total volume of air traffic between the Union and Turkey, to affect the balance between Community air carriers and air carriers of Turkey, or to negotiate amendments apply to the provisions of existing bilateral air services agreements concerning traffic rights, NOTING that nothing in this Agreement shall be deemed to confer on the air carrier of a Designating Member State the privilege of taking advantage of unused frequencies between Turkey United Kingdom and other Member States before the procedures regarding designation have been duly completed between the designating Member State and Turkey, NOTING that the principle of fair and equal opportunity laid down in the relevant bilateral Air Services Agreements for Turkish and Community air carriers will be fully respectedIreland, HAVE AGREED AS FOLLOWS:

LEGISLATIVE ACTS AND OTHER INSTRUMENTS. Subject: Agreement between the European Union and the government Government of the Republic of 18268/11 DG C I C KSMHOU/kst SHO/sr,vm AGREEMENT BETWEEN THE EUROPEAN UNION AND THE GOVERNMENT OF THE REPUBLIC OF TURKEY THE PHILIPPINES ON CERTAIN ASPECTS OF AIR SERVICES THE EUROPEAN UNION, (hereinafter "the Union") UNION of the one part, and THE GOVERNMENT OF THE REPUBLIC OF TURKEY THE PHILIPPINES (hereinafter referred to as "Turkeythe Philippines") of the other part (hereinafter referred to as "the Parties"), HAVING REGARD to Council Decision 64/732/EEC of 23 December 1963 on the conclusion ) NOTING that bilateral air service agreements have been concluded between some Member States of the Agreement establishing an Association between European Union and the Philippines containing provisions contrary to the law of the European Economic Community and Turkey, and Decision 1/95 of the EC-Turkey Association Council of 22 December 1995 on implementing the final phase of the Customs Union, which constitute the legal basis of Turkey's association with the EU, HAVING REGARD to the adoption at the Luxembourg Intergovernmental Conference of 3 October 2005 of the Negotiating Framework and in particular Articles 1, 2 and 6 thereof, HAVING REGARD to Council Decision 2008/157/EC of 18 February 2008 on the principles, priorities and conditions contained in the Accession Partnership with the Republic of Turkey and the 2008 National Programme of Turkey for the Adoption of the EU Acquis in which Turkey accepts and is prepared to implement the full "Acquis" in relation to air transport matters upon accession to the EU, NOTING that, until such accession, this Agreement will open the way towards Turkey's participation in Union civil aviation projects, in particular the Single European Sky, in order to assist Turkey in the adoption of the "Acquis", NOTING that the European Court of Justice has found that certain provisions of bilateral air services agreements concluded between several Member States of the Union and third countries are incompatible with Union law, NOTING that bilateral air services agreements concluded between several Member States of the Union and Turkey contain similar provisions and that there is an obligation on Member States to take all appropriate steps to eliminate incompatibilities between such agreements and Union law, NOTING that the Union has exclusive competence with respect to several aspects that may be included in bilateral air services service agreements between Member States of the European Union and third countries, NOTING that under the law of the European Union law Community Union air carriers established in a Member State of the European Union have the right to non-discriminatory access to air routes between the Member States of the European Union and third countries, HAVING REGARD to the agreements between the European 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 Union lawthe law of the European Union, RECOGNISING that consistency between Union law and the certain provisions of the bilateral air services service agreements between Member States of the European Union and Turkey will provide the Philippines, which are contrary to the law of the European Union, must be brought into conformity with it in order to establish a sound legal basis for air services between the European Union and Turkey the Philippines and to preserve the continuity of such air services, NOTING that under the law of the European Union law air carriers may not, in principle, conclude agreements which may affect trade between Member States of the European Union and which have as their object or effect the prevention, restriction or distortion of competition, RECOGNISING that provisions in bilateral air services service agreements concluded between Member States of the European Union and Turkey the Philippines, 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 these negotiations, to increase the total volume of air traffic between the Union and Turkey, to affect the balance between Community air carriers and air carriers of Turkey, or to negotiate amendments to the provisions of existing bilateral air services agreements concerning traffic rights, NOTING that nothing in this Agreement shall be deemed to confer on the air carrier of a Designating Member State the privilege of taking advantage of unused frequencies between Turkey and other Member States before the procedures regarding designation have been duly completed between the designating Member State and Turkey, NOTING that the principle of fair and equal opportunity laid down in the relevant bilateral Air Services Agreements for Turkish and Community air carriers will be fully respected, HAVE AGREED AS FOLLOWS:or

LEGISLATIVE ACTS AND OTHER INSTRUMENTS. Subject: Agreement between the European Union and the government Government of the Republic of 18268/11 DG C I C KSM/kst 9554/25 TREE.2.A EN AGREEMENT BETWEEN THE EUROPEAN UNION AND THE GOVERNMENT OF THE REPUBLIC OF TURKEY KAZAHSTAN ON CERTAIN ASPECTS OF AIR SERVICES THE EUROPEAN UNION, (hereinafter "the Union") of the one part, and THE GOVERNMENT OF THE REPUBLIC OF TURKEY (KAZAKHSTAN, hereinafter "Turkey") of the other part (hereinafter referred to as "the Contracting Parties"), HAVING REGARD to Council Decision 64/732/EEC of 23 December 1963 on the conclusion of the Agreement establishing an Association between the European Economic Community and Turkey, and Decision 1/95 of the EC-Turkey Association Council of 22 December 1995 on implementing the final phase of the Customs Union, which constitute the legal basis of Turkey's association with the EU, HAVING REGARD to the adoption at the Luxembourg Intergovernmental Conference of 3 October 2005 of the Negotiating Framework and in particular Articles 1, 2 and 6 thereof, HAVING REGARD to Council Decision 2008/157/EC of 18 February 2008 on the principles, priorities and conditions contained in the Accession Partnership with the Republic of Turkey and the 2008 National Programme of Turkey for the Adoption of the EU Acquis in which Turkey accepts and is prepared to implement the full "Acquis" in relation to air transport matters upon accession to the EU, NOTING that, until such accession, this Agreement will open the way towards Turkey's participation in Union civil aviation projects, in particular the Single European Sky, in order to assist Turkey in the adoption of the "Acquis", NOTING that the under European Court of Justice has found that certain provisions of bilateral air services agreements concluded between several Member States of the Union and third countries are incompatible with Union law, NOTING that bilateral air services agreements concluded between several Member States of the Union and Turkey contain similar provisions and that there is an obligation on Member States to take all appropriate steps to eliminate incompatibilities between such agreements and Union law, NOTING that the Union has exclusive competence with respect to several aspects that may be included in bilateral air services agreements between Member States of the Union and third countries, NOTING that under Union law Community European Union air carriers established in a Member State of the European Union have the right to non-discriminatory access to air routes between the Member States of the European 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 Union law, RECOGNISING that consistency between the European Union law and the has requested that certain provisions of the bilateral air services service agreements between the Government of the Republic of Kazakhstan and Member States of the European Union and Turkey will provide be brought into conformity with European Union law in order to establish a sound legal basis for air services between the Republic of Kazakhstan and the European Union and Turkey and to preserve the continuity of such air services, NOTING RECOGNISING that under Union law all matters relating to bilateral air carriers may not, in principle, conclude service agreements which may affect trade between the Government of the Republic of Kazakhstan and Member States of the European Union and which have as their object or effect must be in conformity with the prevention, restriction or distortion of competition, RECOGNISING that provisions in bilateral air services agreements concluded between Member States applicable laws of the Union and Turkey 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 undertakingsContracting Parties, NOTING that in this Agreement it is not a purpose an objective of the Union, as part of these negotiations, European Union to increase the total volume of air traffic between the Union Republic of Kazakhstan and Turkeythe European Union, to affect the balance between Community air carriers and air carriers of Turkeythe Republic of Kazakhstan and European Union air carriers, or to negotiate amendments to the provisions of existing bilateral air services service agreements concerning traffic rights, NOTING that nothing the bilateral air services agreements listed in this Agreement shall be deemed to confer Annex I are based on the air carrier of a Designating Member State the privilege of taking advantage of unused frequencies between Turkey and other Member States before the procedures regarding designation have been duly completed between the designating Member State and Turkey, NOTING general principle that the principle designated air carriers of the Contracting Parties shall have fair and equal opportunity laid down opportunities in operating the relevant bilateral Air Services Agreements for Turkish agreed services on the specified routes, and Community air carriers will be fully respectedthat it is not a purpose of this Agreement to affect this principle, HAVE AGREED AS FOLLOWS: