EU–Ukraine Common Aviation Area Agreement

SUMMARY OF:

Common Aviation Area Agreement between the European Union (EU) and its Member States, of the one part, and Ukraine, of the other

Decision (EU) 2021/1897 on the signing and provisional application of the Common Aviation Area Agreement with Ukraine

WHAT IS THE AIM OF THE AGREEMENT AND THE DECISION?

The agreement aims at:

gradual market opening of access to routes and capacity on a reciprocal basis;
ensuring regulatory convergence and effective compliance by Ukraine with European Union (EU) aviation-related legislation; and
non-discrimination and a level playing field for economic operators.

The decision approves the provisional application of the agreement.

KEY POINTS

The agreement covers three main areas of cooperation.

Economic rules

The agreement sets out rules on a number of aspects of economic cooperation between the EU and Ukraine, such as:

traffic rights, including the unlimited right to fly between the EU and Ukraine or over the other party’s territory or to make a stop in the other party’s territory for non-traffic purposes;
authorisations for air carriers of each party to do business in the territory of the other;
fair competition to ensure that air carriers of both parties have an equal and fair competitive environment;
commercial opportunities – guaranteeing that all EU air carriers have access to commercial opportunities in Ukraine, such as ground handling, code-sharing and intermodality, and the possibility to price freely;
non-discriminatory charging for airport and aviation facilities and services.

Regulatory cooperation (aviation safety, security and air traffic management)

Both parties must:

conform with certain EU safety legislation, as listed in an annex to the agreement;
recognise each other’s safety certificates;
cooperate on security and work towards mutual recognition of one another’s security standards;
cooperate in air traffic management with a view to extending the single European sky to Ukraine, and conform with the EU’s legislation on air traffic management, as listed in an annex to the agreement.

Institutional rules (administration and enforcement)

Each party is responsible for enforcing the rules of the agreement in its territory.
A joint committee comprising representatives of both parties, meeting regularly, is responsible for administering the agreement and ensuring its proper implementation.
The agreement includes a dispute resolution mechanism and envisages the possibility for either party to take safeguarding measures in the event that the other party does not fulfil its obligations.

DATE OF ENTRY INTO FORCE

The agreement has applied provisionally since 12 October 2021 (pending notification of the completion of national procedures).

BACKGROUND

This is one of a number of bilateral agreements strengthening air relations between the EU and its eastern neighbour countries in the context of the European Commission communication on developing the agenda for the EU’s external aviation policy.

For further information, see:

The EU’s external aviation policy – addressing future challenges (European Commission)
An aviation strategy for Europe (European Commission)
EU–Ukraine aviation relations (European Commission).

MAIN DOCUMENTS

Common Aviation Area Agreement between the European Union and its Member States, of the One Part, and Ukraine, of the Other Part (OJ L 387, 3.11.2021, pp. 3–57).

Council Decision (EU) 2021/1897 of 28 June 2021 on the signing, on behalf of the European Union, and provisional application of the Common Aviation Area Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part (OJ L 387, 3.11.2021, pp. 1–2).