Sea and Air Traffic
(1) Profits from the operation in international traffic of ships or aircraft shall be taxable only in the Member State in which the place of effective management of the enterprise is situated.
(2) Where the place of effective management of a shipping enterprise is aboard a ship or boat, then such enterprise shall be deemed to be situated in the Member State in which the home harbour of this ship or boat is situated, or, if there is no such home harbour, in the Member State of which the operator of the ship or boat is a resident.
(3) The profits from the operation of ships or aircraft between points situated in a Member State shall be taxable only in that State.
(4) The provisions of paragraphs (1) and (2) of this Article shall also apply to profits from the participation in a pool, a joint business or an international operating agency.