SERBIAN RESPONSE TO OPEN SKIES AGREEMENT TEXT

UNCLAS BELGRADE 000238 SIPDIS EB FOR EB/TRA/AN T. ENGLE/T. COLEMAN PARIS FOR FAA/L. LUI USDOT FOR FAA/CHRIS SHARP USEU FOR FAA/MARK BURY SENSITIVE SIPDIS E.O. 12958: N/A TAGS: EAIR SR KTIA SUBJECT: SERBIAN RESPONSE TO OPEN SKIES AGREEMENT TEXT REF: A) 06 STATE 116873; B) BELGRADE 1767 AND PREVIOUS ¶1. (U) This is an action request. See paragraph three. ¶2. (SBU) The Civil Aviation Directorate of Serbia (CAD) provided a formal response to the proposed Open Skies Model Text in reftel A in a letter dated February 8, 2007 (full text of letter below). As reported in reftel B, Serbia is requesting the removal of Article 17 as well as the reference made to this Article in paragraph 10, Article 1. ¶3. (U) Action request: Please advise Post on whether Serbia's proposed changes are acceptable. ¶4. (SBU) Begin text of letter from acting Director General Dragoljub Trgovcevic: Dear Sirs, Initially, allow me to express my gratitude for your evident initiative and sincere commitment to such an important task as the reaching of a bilateral Air Services Agreement doubtlessly is. With reference to the Draft of the Open Skies Agreement and Non-Paper with the issues to be discussed, which was presented to the Civil Aviation Directorate by the representatives of yours in July 2006, we have the pleasure to inform you on the following: -- Both the introduction of Article 17 dealing with the Scope of Application, and the reference made to the specific Article in paragraph 10, Article 1 (definition of territory) are unfortunately unacceptable for us. However, the proposed definition of territory (territory means the land areas under the sovereignty, jurisdiction, protection, or trusteeship of a Party, and territorial waters adjacent thereto),without the mentioned reference, is acceptable. -- Concerning the issues listed in the mentioned Non-Paper, it is our pleasure to inform you that there are no legal obstacles for accepting them. Therefore, they may be discussed in the future negotiations. Please accept, Dear Sirs, the assurances of my highest consideration. End text. POLT