European Report
November 17, 2004

EU BILATERAL AVIATION AGREEMENTS WITH AZERBAIJAN TO BE REVISED
SHORTLY

Bilateral air services agreements between Azerbaijan and the EU
Member States will be adapted shortly to permit all European airlines
to offer flights to Azerbaijan from any Member State with a bilateral
pact with the country. Airlines have thus far only be able to fly to
Azerbaijan from their country of origin, a fact in contradiction with
Community law since the Court of Justice’s now notorious ruling of
November 2002 on bilateral aviation agreements with the United States
(open sky agreements). The agreement with Azerbaijan was signed on
November 14 during a visit to the region by Francois Lamoureux,
Director-General of the European Commission’s DG Transport.

In September, Chile was the first country to agree to the inclusion
of so-called “Community carrier” clauses in bilateral agreements with
the Member States, permitting airlines to offer flights from other
Member States. It has since been followed by Lebanon and Georgia.
Azerbaijan is therefore fourth on the list of States proposing to
review their bilateral pacts (any revision would take effect
following the official signing of the amended agreement) to fall in
line with European law. Negotiations are due to begin shortly with
Armenia and the countries of Central Asia.