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Law Approving The Agreement On Air Transport Between The Canada And The European Community And Its Member States, Done At Brussels On December 17, 2009 (1) (2) (3).

Original Language Title: Loi portant assentiment à l'Accord sur le transport aérien entre le Canada et la Communauté européenne et ses Etats Membres, fait à Bruxelles le 17 décembre 2009 (1) (2) (3)

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belgiquelex.be - Carrefour Bank of Legislation

26 FEBRUARY 2014. - Act enacting the Agreement on Air Transport between Canada and the European Community and its Member States, done in Brussels on 17 December 2009 (1) (2) (3)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Agreement on Air Transport between Canada and the European Community and its Member States, made in Brussels on 17 December 2009, will come out its full and full effect.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 26 February 2014.
PHILIPPE
By the King:
Deputy Prime Minister and Minister for Foreign Affairs, Foreign Trade and European Affairs,
D. REYNDERS
Deputy Prime Minister and Minister of the Interior,
Ms. J. MILQUET
The Secretary of State for Mobility, Deputy Minister of the Interior,
Mr. WATHELET
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Notes
(1) Senate (www.senate.be):
Documents: 5-2209
Annales of the Senate: November 7, 2013
House of Representatives (www.lachambre.be):
Documents: 53-3116
Full report: 19 December 2013.
(2) See decree of the Flemish Community/Flemish Region of 3 May 2013 (Belgian Monitor of 13 June 2013), decree of the Walloon Region of 13 March 2014 (Belgian Monitor of 28 March 2014), order of the Brussels-Capital Region of 3 April 2014 (Belgian Monitor of 13 May 2014).
(3) Related states.

Agreement on Air Transport between Canada and the European Community and its Member States
CONTENTS
ARTICLE INTITULE
1 Titles and definitions
2 Granting rights
3 Designation, authorization and revocation
4 Investment
5 Application of legislative and regulatory provisions
6 Civil Aviation Safety
7 Safety of Civil Aviation
8 Customs duties, taxes and fees
9 Statistics
10 Consumer interests
11 Availability of airports and aviation infrastructure and services
12 Receipts for use of airports and aeronautical infrastructure and services
13 Commercial framework
14 Competitive environment
15 Air Traffic Management (ATM)
16 Maintenance of designations and authorizations
17 Joint Committee
18 Environment
19 Employment issues
20 International cooperation
21 Settlement of disputes
22 Amendment
23 Entry into force and provisional application
24 Denunciation
25 Registration of the agreement
26 Relations with other agreements
AGREEMENT ON THE TRANSPORT OF
CANADA,
on the one hand,
and
THE REPUBLIC OF AUTRICHE,
BELGIUM,
THE REPUBLIC OF BULGARIA,
THE REPUBLIC OF CHYPRE,
LA REPUBLIQUE TCHEQUE,
DANEMARK,
THE REPUBLIC OF ESTONIA,
THE REPUBLIC OF FINLAND,
THE FRENCH REPUBLIC,
THE GERMANY FEDERAL REPUBLIC,
LA REPUBLIQUE HELLENIQUE,
THE REPUBLIC OF HUNGARY,
IRILAND,
THE ITALIAN REPUBLIC,
THE REPUBLIC OF LETTONIA,
LA REPUBLIQUE DE LITUANIE,
LUXEMBOURG,
MALTE,
ROYAUME DES PAYS-BAS,
THE REPUBLIC OF POLAND,
THE PORTUGAISE REPUBLIC,
THE ROMANIA,
THE SLOVATIC REPUBLIC,
THE REPUBLIC OF SLOVENIA,
SPANISH ROY,
The SUEDE ROYAUME,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTH IRELAND,
parties to the Treaty establishing the European Community and Member States of the European Union (hereinafter referred to as "Member States"),
and the EUROPEAN COMMUNITY,
on the other hand,
Canada and Member States, as parties to the International Civil Aviation Convention opened for signature in Chicago on 7 December 1944, with the European Community,
ISSUES to promote an air transport system based on competition between air transport companies, on a market subject to minimal intervention and regulation of the State;
ISSUES to promote their interest in air transport;
RECOGNIZING the importance of efficient air transport to promote trade, tourism and investment;
ISSUES to improve air services;
SELECTED to ensure the highest level of safety and security in air transportation;
DETERMINES to collect the potential benefits of regulatory cooperation and, to the extent possible, harmonization of regulations and approaches;
RECOGNIZING the significant potential benefits that may arise from competitive air services and viable business sectors in this area;
REQUESTS to promote a competitive environment for air services, recognizing that in the absence of equivalent competition conditions for air carriers, potential benefits may not be realized;
ISSUES to allow their air carriers to enjoy equitable and equal access to the provision of air services covered by this Agreement;
ISSUES to maximize benefits for passengers, shippers, air carriers and airports and their personnel, as well as indirect benefits to other stakeholders;
Acknowledging the importance of protecting the environment in the development and implementation of the international aeronautical policy;
Acknowledging the importance of protecting consumers and encouraging an appropriate level of consumer protection in air services;
Acknowledging the importance of capital for air carriers to continue the development of air services;
DESIRING to conclude an agreement on air transport supplementing the above-mentioned Convention,
AGAINST WHO:
ARTICLE 1
Titles and definitions
1. The titles in this Agreement shall be included for reference purposes only.
2. For the purposes of this Agreement, unless otherwise provided, the following means:
(a) "aeronautical authorities", any authority or person authorized by the parties to perform the functions defined in this Agreement;
(b) "air services", regular air services on roads specified in this Agreement for the carriage of passengers and goods, including mail, in a separate or combined manner;
(c) "agreement", this agreement, any annex accompanying it and any amendment to the agreement or any of its annexes;
(d) "air transport undertaking", an air transportation undertaking that has been designated and authorized in accordance with Article 3 of this Agreement;
(e) "part", either Canada, or the Member States and the European Community, considered together or individually;
(f) "Convention", the Convention on International Civil Aviation, opened for signature in Chicago on 7 December 1944, which includes any annex adopted under Article 90 of the Convention and any amendment of its annexes or the Convention itself pursuant to Articles 90 and 94, to the extent that such annexes and amendments were adopted by Canada and the Member States; and
(g) "territory", in the case of Canada, its terrestrial regions (continent and islands), its internal waters and territorial sea as defined in its national law, including air space above these areas; in the case of the States members of the European Community, the terrestrial regions (continent and islands), the inland waters and territorial waters covered by the Treaty establishing the European Community, in accordance with the provisions of the Treaty and any instrument intended to succeed it, including the airspace above these zones; the application of this agreement at the airport of Gibraltar is without prejudice to the respective legal positions of the Kingdom of Spain and the United Kingdom with respect to their dispute over sovereignty over the territory where the airport is located, and to the maintenance of the suspension of the application at the airport of Gibraltar of the measures for the liberalization of the air transport in force on 18 September 2006 between the Member States, in accordance with the ministerial declaration concerning the Gibraltar airport adopted at Cordou.
ARTICLE 2
Granting of rights
1. Each party grants the following rights to the other party for the operation of air services by the air carriers of the other party:
(a) the right to overflight its territory without landing;
(b) the right to make non-commercial stopovers in its territory;
(c) to the extent permitted in this Agreement, the right to make ports of call on its territory on the routes specified in this Agreement with a view to boarding and disembarking passengers and goods, including mail, in a separate or combined manner; and
(d) the rights further specified in this Agreement.
2. Each party also grants the other party the rights specified in paragraph 1er, paragraphs (a) and (b), of this Article, for air carriers of the other party other than those referred to in Article 3 (Description, authorization and revocation) of this Agreement.
ARTICLE 3
Designation, authorization and revocation
1. The parties recognize as a designation under this Agreement the licences or other forms of authorization issued by the other party for the operation of air services under this Agreement. Upon request from the aeronautical authorities of one of the parties, the aeronautical authorities of the other party who issued the licence or other form of authorization shall verify its validity.
2. Upon receipt of applications by a designated air carrier of one of the parties in the prescribed forms, the other party shall grant to that air carrier, in accordance with its legislative and regulatory provisions and in the shortest time, the authorizations and approvals requested to operate air services, provided that:
(a) that air transport undertaking fulfils the requirements under the legislative and regulatory provisions normally applied by the aeronautical authorities of the party granting authorizations and approvals;
(b) that air carrier observes the legislative and regulatory provisions of the party that grant authorizations and approvals;
(c) subject to the provisions of Schedule 2, in the case of an air transportation undertaking in Canada, the effective control of the air transportation undertaking is in the hands of nationals of either of the parties, the air transportation undertaking is licensed to carry on an air transportation undertaking in Canada and its principal place of business is in Canada; in the case of an air carrier of a Member State, the effective control of the air transport undertaking is in the hands of nationals of either of the parties, Iceland, Liechtenstein, Norway or Switzerland, the air transport undertaking is the holder of a licence of an air carrier of the Community and its principal place of business is in a Member State; and
(d) the air carrier also operates air services in a manner consistent with the conditions set out in this Agreement.
3. A party may refuse the authorizations or approvals referred to in paragraph 2 of this section and revoke, suspend, subject to conditions or limit the authorizations of operation or approvals, or otherwise suspend or limit the activities of one or more air carriers of the other party, where that or those air carriers do not comply with the provisions of paragraph 2 or where a party has determined that the conditions in force on the territory of the other Party are not satisfied.
4. The rights listed in paragraph 3 of this Article shall be exercised only after consultations within the Joint Committee, unless immediate measures are essential to prevent an offence under the legislative and regulatory provisions referred to in paragraph 2 or if security or security require measures in accordance with the provisions of Article 6 (Civil Aviation Safety) and Article 7 (Civil Aviation Safety).
ARTICLE 4
Investment
Each party allows nationals of Canada or one or more Member States to hold their air carriers in full ownership subject to the conditions set out in Annex 2 to this Agreement.
ARTICLE 5
Application of legislative and regulatory provisions
Each party requires respect to:
(a) its laws, regulations and procedures relating to the admission or residence on its territory, or at the departure of its territory, of aircraft assigned to international air navigation, or relating to the operation and conduct of such aircraft, by air carriers, at the entry, departure and during their stay within that territory; and
(b) its laws and regulations relating to the admission or stay in its territory, or at the departure of its territory, passengers, crew members and goods, including mail (such as regulations relating to entry, clearance, transit, civil aviation safety, immigration, passports, customs and quarantine) by air carriers and by or on behalf of passengers In the application of these laws and regulations, each party, in similar circumstances, reserves to air carriers at least as favourable treatment as that reserved for its own air carriers or other air carriers providing similar international air services.
ARTICLE 6
Civil Aviation Safety
1. The parties reaffirm the importance of close cooperation in the field of civil aviation safety. In this regard, they are committed to enhanced cooperation, including with respect to operations, in particular to enable the sharing of information that may affect the safety of international air navigation, mutual participation in the monitoring activities of the other party or the conduct of joint monitoring activities in the field of civil aviation safety and the development of joint projects and initiatives, including with third countries. This cooperation is developed in the framework of the Agreement between Canada and the European Community on Civil Aviation Safety, done in Prague on 6 May 2009, in the matters covered by the Agreement.
2. Certificates of Airworthiness, Certificates of Fitness and Licences issued or validated by one of the parties, through its aeronautical authorities, in accordance with the applicable provisions of the Agreement between Canada and the European Community on Civil Aviation Safety, are recognized as valid by the other party and its aeronautical authorities for the operation of air services, provided that such certificates, patents and licences have been issued
3. If the privileges or conditions of the certificates, licences or patents referred to in paragraph 2, which have been granted by the aeronautical authorities of one of the parties to a person or air carrier or in respect of an aircraft used for the operation of the air services, allow for the application of less stringent standards than the minimum standards established by the Convention and if this difference has been notified to the International Civil Aviation Organization, Until the consultations reached a consensus, and in the spirit of a regime of mutual acceptance of certificates, patents and licences, the parties continue to recognize the certificates, patents and licences validated by the aeronautical authorities of the other party. If the Agreement between Canada and the European Community on Civil Aviation Safety, made in Prague on 6 May 2009, contains provisions governing the mutual acceptance of certificates, patents and licences, each party applies these provisions.
4. In accordance with applicable laws and within the framework of the Agreement between Canada and the European Community on the Safety of Civil Aviation, made in Prague on 6 May 2009, in the matters covered by the Agreement, the parties undertake to achieve mutual acceptance of certificates, patents and licences.
5. A party or its competent aeronautical authorities may request at any time consultations with the other party or its competent aeronautical authorities with respect to the safety standards and requirements that they apply and manage. If, as a result of these consultations, the party or its competent aeronautical authorities that have requested them consider that the other party or its competent aeronautical authorities do not effectively apply or manage safety standards and requirements that, unless otherwise decided, are at least equal to the minimum standards established under the Convention, they shall inform the other party or its competent aeronautical authorities of these findings and of the measures deemed to be minimal to comply with these standards. If the other party or its competent aeronautical authorities do not adopt the appropriate remedial measures within fifteen (15) days or other time limit set, the competent aeronautical authorities that have applied for consultations are entitled to revoke, suspend or limit the authorization of operation or the technical approval of an aeronautical company, of which the other party or its competent aeronautical authorities shall provide security control, or
6. Each party agrees that any aircraft operated by or on behalf of an air carrier may, where it is in the territory of the other party, be subject to a ground inspection by the aeronautical authorities of the other party, in order to verify the validity of the relevant documents of the aircraft and those of its crew, as well as the apparent condition of the aircraft and its equipment,
7. If the aeronautical authorities of one of the parties note, after conducting a ground inspection, that an aircraft or operation of the aircraft is not in accordance with the minimum standards applicable at that time under the Convention, or that the safety standards established under the Convention at that time are not effectively applied or managed, they inform the aeronautical authorities of the other competent party in that matter. If appropriate corrective actions are not taken within fifteen (15) days, the operation authorization or technical approval of the air carrier operating the aircraft may be revoked, suspended or limited, or its activities may be suspended or otherwise limited. The same measures may be taken when access to a ground inspection is denied.
8. Each party, through its competent aeronautical authorities, has the right to take immediate action, including the right to revoke, suspend or limit the authorization of operation or the technical approval of an air carrier of the other party, or to suspend or otherwise limit the activities of the other party, if it concludes that an immediate threat to the security of civil aviation justifies these measures. To the extent possible, the party taking these measures shall endeavour to consult the other party in advance.
9. Any action taken by a party or its competent aeronautical authorities in accordance with paragraphs 5, 7 or 8 of this article shall be lifted as soon as the cause that has motivated this measure ceased to exist.
ARTICLE 7
Civil aviation safety
1. In accordance with their rights and obligations under international law, the parties reaffirm that their mutual obligation to protect the safety of civil aviation from acts of unlawful intervention is an integral part of this Agreement.
2. Without limiting the generality of their rights and obligations under international law, the parties act in particular in accordance with the provisions of the Convention on Offences and Certain Other Acts Committed on board Aircraft, made in Tokyo on 14 September 1963, of the Convention for the Suppression of the Illicit Capture of Aircraft, made in The Hague on 16 December 1970, of the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, made in Montreal on 23er March 1991, and any other multilateral agreement governing the safety of civil aviation that binds the parties.
3. The parties shall agree, upon request, with all necessary assistance to prevent the unlawful capture of civilian aircraft and other unlawful actions against the safety of such aircraft, passengers and crew members, airports and air navigation facilities and services, as well as any other threat to the safety of civil aviation.
4. The parties shall act in accordance with the Civil Aviation Safety Provisions established by the International Civil Aviation Organization and designated as annexes to the International Civil Aviation Convention, to the extent that these safety provisions are applicable to the parties. They require operators of aircraft registered in their territory, aircraft operators who have their principal place of business or permanent residence in their territory and airport operators located in their territory to act in accordance with these provisions relating to civil aviation safety. Accordingly, each party shall, upon request, inform the other party of any difference between its regulations and practices and the civil aviation safety standards in the annexes referred to in this paragraph, where this difference relates to provisions that exceed or supplement the said standards and has an impact on the aircraft operators of the other party. Each party may, at any time, seek consultations with the other party, which must be held without unreasonable delay, in order to discuss these possible differences.
5. While fully taking into account and respecting the sovereignty of States, each party agrees that the aircraft operators referred to in paragraph 4 of this Article may be required to observe the provisions relating to the security of the civil aviation referred to in paragraph 4 of this Article that are required by the other party for the entry and stay in its territory and for the departure of its territory. Each party ensures that adequate measures are effectively applied in its territory to protect aircraft and subject passengers, crew members, cargo, cargo, courier and cargo to safety checks prior to boarding or loading.
6. The parties agree to work together to achieve mutual recognition of their safety standards and to cooperate closely on quality control measures on a reciprocal basis. The parties also agree, as appropriate and on the basis of decisions to be taken separately by the parties, to create the conditions for the implementation of a single security control system for flights between the territories of the parties, so that passengers, baggage and/or cargo in correspondence are exempted from a new inspection. To this end, they establish administrative arrangements for consultations on existing or planned civil aviation safety measures and cooperation and information-sharing on quality control measures implemented by the parties. The parties shall consult on the safety measures that are of interest to the aircraft operators operating in the territory of the other party to these administrative arrangements.
7. To the extent possible, each party responds to requests made by the other party to take reasonable special security measures to address a particular threat to a specific flight or series of specific flights.
8. The parties agree to cooperate in the security inspections they undertake in the territory of one of the parties by establishing mechanisms, including administrative arrangements, for the mutual exchange of information on the results of such inspections. The parties agree to consider carefully the requests made to participate as an observer in the security inspections undertaken by the other party.
9. In the event of unlawful capture or threat of unlawful capture of civilian aircraft or other unlawful actions directed against the safety of such aircraft, passengers and crew members, airports or air navigation facilities, the parties shall assist in facilitating communications and taking other appropriate measures to put an end, promptly and in a secure manner, to that incident or to that threat of incident.
10. Where a party has reasonable grounds to consider that the other party has derogated from the provisions of this article, it may, through its competent authorities, request consultations. These consultations begin within fifteen (15) days after receipt of this request. The failure to reach a satisfactory agreement within fifteen (15) days of the commencement of the consultations is, for the party who requested the consultations, a ground for taking action to refuse, revoke, suspend or subject to appropriate conditions the authorizations of the air carriers of the other party. Where the urgency justifies or to avoid a further violation of the provisions of this Article, the party who considers that the other party has derogated from the provisions of this Article may at any time take appropriate measures provisionally.
11. Without prejudice to the need to take immediate action to ensure the safety of air transportation, the parties confirm that, where a party is considering taking security measures, it is the responsibility of the party to assess any adverse economic and operational effects on the operation of air services under this Agreement and, to the extent permitted by law, to take these factors into account in determining what measures are necessary and appropriate to address concerns.
ARTICLE 8
Customs duties, taxes and fees
1. any duty-free portion, to the extent that its national legislative and regulatory provisions permit, and on the basis of reciprocity, the air carriers of the other party, with respect to their aircraft providing international air transport services, as well as their normal equipment, fuels, lubricants, consumable technical supplies, equipment on the ground, spare parts (including engines),
2. To the extent that its national legislative and regulatory provisions permit and on the basis of reciprocity, each party also exempts from the taxes, duties, taxes, fees and royalties referred to in paragraph 1 of this section, with the exception of royalties calculated on the basis of the benefits provided:
(a) the on-board provisions taken on board or obtained on the territory of a party and on-board, within reasonable limits, to be used on aircraft departing from an air carrier of the other party providing international air transport services, even if these provisions are intended to be used on a portion of the voyage carried out over that territory;
(b) ground equipment and spare parts (including engines) introduced in the territory of a party for the maintenance, maintenance or repair of aircraft of an air carrier of the other party providing international air transport services, as well as information technology equipment and equipment for the handling of passengers or cargo or safety controls;
(c) the fuel, lubricants and consumable technical supplies introduced or provided on the territory of a party to be used on an aircraft belonging to an air carrier of the other party providing international air transport services, even if such supplies are intended to be used on a portion of the voyage over that territory; and
(d) prints, including air transport tickets, ticket covers, air transport letters and other related advertising material distributed free of charge by the air carrier.
3. Normal equipment of aircraft, as well as equipment and supplies normally stored on board aircraft used by an air carrier of one of the parties, may only be discharged on the territory of the other party with the authorization of the customs authorities of that territory. In this case, it may be required that they be placed under the supervision of the said authorities until they are re-exported or until otherwise they are left in accordance with customs regulations.
4. The exemptions provided in this section are also granted where the air carriers of a party have contracted with another air carrier with the same exemptions from the other party, for the loan or transfer to the territory of the other party of the items referred to in paragraphs 1er and 2 of this article.
5. This Agreement does not amend the provisions of the conventions in force between a Member State and Canada to avoid double taxation on income and on capital.
ARTICLE 9
Statistics
1. Each party provides the other with the statistics required by national legislation and regulations and, upon request, other available statistical information that may be reasonably required to review the operation of air services.
2. The parties cooperate in the joint committee to facilitate the exchange of statistical information among themselves to monitor the development of air services.
ARTICLE 10
Consumer interests
1. Each party recognizes the importance of protecting the interests of consumers and may take or require air carriers to take, on a non-discriminatory basis, reasonable and proportionate measures regarding the following elements, including, inter alia:
(a) requirements for the protection of funds advanced to air carriers;
(b) compensation initiatives for denial of boarding;
(c) refunds to passengers;
(d) disclosure of the identity of the air carrier that actually operates the aircraft;
(e) the financial capacity of the air carriers of the Party concerned;
(f) Civil liability insurance covering the personal injury of passengers; and
(g) establishing accessibility measures.
2. The parties endeavour to consult, within the framework of the joint committee, on consumer interests issues, including measures they are considering in this regard, in order to adopt compatible approaches to the extent possible.
ARTICLE 11
Availability of airports and aviation infrastructure and services
1. Each party shall ensure that airports, airways, air traffic control services and air navigation services, civilian aviation safety and security infrastructure and services in port of call and other related infrastructure and services provided in its territory are available to the air carriers of the other party on a non-discriminatory basis as soon as the terms and conditions of use have been determined.
2. To the extent possible, parties shall take all reasonable measures to ensure effective access to infrastructure and services, subject to legal, operational and physical constraints and on the basis of equitable and equal opportunities and transparency in access procedures.
3. Each party ensures that its procedures, guidelines and rules for the management of time slots for airports located on its territory are applied in a transparent, effective and non-discriminatory manner.
4. If a party considers that the other party violates this article, it may notify the party of its findings and request consultations under Article 17 (Joint Committee), paragraph 4.
ARTICLE 12
Claims for use of airports and aeronautical infrastructure and services
1. Each party shall ensure that user fees that may be imposed by its competent authorities or agencies on the air carriers of the other party for the use of air navigation and air traffic control services are fair, reasonable, cost-based and not unjustly discriminatory. In all cases, these user fees may not be imposed on air carriers of the other party on conditions less favourable than the most favourable conditions granted to another air carrier.
2. Each party shall ensure that the user fees that may be imposed by its authorities or agencies competent to the air carriers of the other party for the use of airport facilities and services and the safety of civil aviation, as well as related infrastructure and services, are fair, reasonable, unjustly discriminatory and equitably distributed among the categories of users. These royalties may affect, but not exceed, the total cost borne by the competent authorities or agencies for the provision of appropriate airport and civil aviation infrastructure and services in the airport or airport system. These user fees may include a reasonable return on assets after depreciation. Infrastructure and services that are subject to these user fees are provided on an efficient and economic basis. In all cases, such royalties may not be imposed on air carriers of the other party on conditions less favourable than the most favourable conditions granted to another air carrier at the time of their imposition.
3. Each Party shall encourage consultations between the competent authorities or agencies in its territory and air carriers using services and infrastructure or their representative bodies, and shall invite the competent authorities or agencies and air carriers or their representative bodies to exchange information that may be necessary to permit a precise review of the reasonableness of user fees, in accordance with the principles set out in paragraphs 1 and 2 of this article. Each party encourages the competent authorities to inform users, within a reasonable period of time, of any proposed amendments to user fees, in order to allow such authorities to examine the opinions expressed by users prior to the implementation of the amendments.
4. As part of the dispute settlement procedures pursuant to Article 21 (Resolution of Disputes), no party is considered to be in contravention of a provision of this Article unless:
(a) it shall not examine, within a reasonable time, a royalty or practice that is the subject of a complaint by the other party; or
(b) following such a review, it shall not take all measures in its power to amend a royalty or practice incompatible with this section.
ARTICLE 13
Trade framework
1. Each party shall provide air carriers of the other party with equitable and equal access to the provision of the air services referred to in this Agreement.
Capacity
2. Each party allows any air carrier of the other party to define the frequency and capacity of the air services it provides under this Agreement on the basis of market-related trade considerations. No party shall unilaterally limit the volume of traffic, frequency or regularity of services, the type or types of aircraft operated by the air carriers of the other party, nor shall it require the filing of their schedules, chartered flights or operating plans, except for technical, operational or environmental reasons (air quality and noise at the local level), and this shall be in conformity with the uniform provisions of the Conventions
Code sharing
3. (a) Subject to the regulations normally applied to such operations by each party, any air carrier of the other party may enter into cooperative arrangements to:
(i) to offer its air services on the specified routes by selling transport services under its own code for flights operated by any Canadian air carrier, or member states, and/or any third country, and/or a land or sea surface carrier of any country,
ii) to transport traffic under the code of any other air carrier where the latter has been authorized, by the aeronautical authorities of one party, to sell transport services under its own code for flights operated by any air carrier of a party.
(b) A party may require that all air carriers participating in codes-sharing arrangements have adequate traffic rights for the relevant routes.
(c) A party does not refuse to authorize the code-sharing services defined in paragraph 3, subparagraph (a) (i), of this section on the grounds that the air carrier operating the aircraft does not have the right to transport traffic under the codes of other air carriers.
(d) The parties require all air carriers participating in such code-sharing arrangements to ensure that passengers are fully informed of the operator's identity and mode of transportation for each segment of the journey.
Assistance in port of call
4. Each party allows the air carriers of the other party, when operating their activities in its territory:
(a) on the basis of reciprocity, to provide their own services as a stopover assistant in its territory and, at their convenience, to ensure the services of assistance in port of call, partially or totally, by any officer authorized by its competent authorities to provide such services; and
(b) provide portside assistance services to other air carriers operating their activities at the same airport, where authorized and compatible with applicable legislation and regulations.
5. The exercise of the rights set out in paragraph 4, subparagraphs (a) and (b), of this Article shall be subject only to material or operational constraints arising mainly from airport security or security considerations. Any constraint is applied uniformly and on conditions not less favourable than the most favourable conditions granted to another air carrier of any country providing similar international air services at the time the constraint is imposed.
Representatives of air transport companies
6. Each part allows:
(a) the air carriers of the other party, on the basis of reciprocity, to have their representatives and their own commercial, sales, technical and operating personnel come and stay on its territory, and any other specialized personnel required for the provision of their services;
(b) the coverage of these personnel requirements, at the choice of air carriers of the other party, either by their own personnel or by the use of the services of any other organization, company or air carrier operating on its territory and authorized to provide such services for other air carriers; and
(c) to the air carriers of the other party to establish on its territory offices for the promotion and sale of air transportation services and related activities.
7. Each party requires that representatives and personnel of air carriers in the other party be subject to its legislative and regulatory provisions. In accordance with these legislative and regulatory provisions:
(a) each party shall, as soon as possible, grant work permits, visitor visas or other similar documents necessary to the representatives and personnel referred to in paragraph 6 of this article; and
(b) each party facilitates and activates the approval of any application for a work permit for staff performing certain temporary missions not exceeding ninety (90) days.
Sales, local expenses and transfer of funds
8. Each part allows air carriers of the other part:
(a) to proceed with the sale of air transportation services on its territory directly or, at their convenience, through their agents and to sell such services in the local currency or, at their convenience, in any freely convertible currency, any person being free to purchase such services in currencies accepted by the air carriers;
(b) To pay local costs incurred in its territory, including for fuel purchases, local currency or, at their convenience, in freely convertible currency; and
(c) to convert and transfer to foreign countries, upon request, the revenues obtained in the normal course of their activities. This conversion and transfer are permitted without limitations or delay, at exchange rates that have taken place in the foreign exchange market for current payments at the time the transfer request is submitted, and are not subject to any royalty, except for commissions normally collected by banks for such transactions.
Intermodal services
9. Each part allows air carriers to:
(a) the operation of mixed services, the use of ground or sea surface transport related to air services. Air carriers may choose to entrust these transport to surface carriers as part of arrangements with them or to make them themselves;
(b) the operator of freight services, the unrestricted use of air services to any ground or sea surface transport for goods to or from any point in the territory of the parties or in third countries, including transport to and from all airports with customs facilities and, where appropriate, the transport of goods under customs in accordance with existing legislation and regulations; have access to airport customs facilities and procedures for goods transported by surface or air; choose to carry out their own surface transport of goods, in accordance with the national legislative and regulatory provisions governing such transport, or to carry them out in arrangements with other surface carriers, including surface transport by air carriers of any other country; and
(c) the operator of intermodal services, to propose, at a single point-to-point price, combined air and surface transport, provided that passengers and shippers are not misled as to the nature and modalities of such transport.
Price
10. The parties allow free pricing by air carriers on the basis of free and fair competition. None of the parties take unilateral action against the establishment or maintenance of a price for international transport to or from its territory.
11. The parties do not impose price filings on aeronautical authorities.
12. The parties allow the aeronautical authorities to discuss issues such as, inter alia, unfair, unreasonable or discriminatory prices.
Computerized reservation systems
13. The parties apply their legislative and regulatory provisions relating to the operation of computerized reservation systems in their territory on a fair and non-discriminatory basis.
Franchisage and brands
14. Air carriers of any party may provide the air services referred to in this Agreement, pursuant to a franchise or brand arrangement with companies, including air carriers, provided that the air carrier that provides air services has adequate traffic rights for the routes concerned, that the conditions provided for in the national legislative and regulatory provisions are met, and subject to the approval of the aeronautical authorities.
Aircraft rental with crew
15. For the purpose of providing the air services under this Agreement, the air carriers of the parties may use aircraft and crews provided by other air carriers, including other countries, provided that the air carrier that provides the air services and the operator of the aircraft participating in such an arrangement has appropriate authorizations, subject to approval by the aeronautical authorities. For the purposes of this paragraph, the air carrier operating the aircraft is not required to have adequate traffic rights for the relevant routes.
Non-regular charter flights
16. The provisions set out in sections 4 (Investment), 5 (Implementation of legislative and regulatory provisions), 6 (Safety of civil aviation), 7 (Security of civil aviation), 8 (Customs duties, taxes and fees), 9 (Statistics), 10 (Consumer interests), 11 (Availability of airports, infrastructure and aeronautical services), 12 (Respending
17. When they receive an application for charter flights and other non-regular flights, the parties shall issue, as soon as possible, the authorizations and approvals requested to the air carrier concerned.
ARTICLE 14
Competitive environment
1. The parties recognize that the creation of a fair competition environment for the operation of air services is a common objective. They recognize that fair competition practices on the part of air carriers are most likely to be established if these air carriers operate on a fully commercial basis and do not receive public subsidies. They recognize that aspects such as, inter alia, the conditions of privatization of air transport companies, the removal of subsidies sources of distortion of competition, equitable and non-discriminatory access to airport facilities and services and computerized reservation systems are essential factors for the establishment of a fair competition environment.
2. If a party finds that there are conditions in the territory of the other party that would have a negative impact on the maintenance of a fair competition environment and on the operation of the air services covered by this Agreement by its air carriers, it may submit comments to the other party. It may also request a joint committee meeting. The parties recognize that the degree to which a grant or other intervention may jeopardize the objectives of the agreement related to the existence of a competitive environment is a legitimate discussion topic for the joint committee.
3. Issues that may be raised under this section include capital injections, cross-subsidies, donations, guarantees, property, reductions or tax exemptions, bankruptcy protection or insurance from any public entity. Subject to paragraph 4 of this article, a party may, after advising the other party, address the public entities responsible in the territory of the other party, including at the state, province or local level, to discuss matters relating to this article.
4. The parties acknowledge the cooperation between their respective competition authorities, as attested by the Agreement between the Government of Canada and the European Communities on the Application of their Competition Law, made in Bonn on 17 June 1999.
5. If, as a result of consultations within the Joint Committee, a party considers that the conditions referred to in paragraph 2 of this section continue and are likely to result in a significant disadvantage or damage to its air carrier(s), it may take action. A party may take action in accordance with this paragraph from the first of the following dates: the establishment by decision of the Joint Committee of procedures and criteria for the taking of such measures, or one year after the date on which this Agreement is provisionally applied by the parties or comes into force. Any action taken pursuant to this paragraph shall be appropriate, proportionate and limited to the strict requirements for its scope and duration. It applies exclusively to the entity under the conditions referred to in paragraph 2 and does not affect the right of any party to take action under section 21 (Dispute Rules).
ARTICLE 15
Air traffic management (ATM)
The parties cooperate to address security control issues and policy issues related to air traffic management, with a view to maximizing overall efficiency, reducing costs and improving the security and capacity of existing systems. The parties encourage their air navigation service providers to continue interoperability collaboration in order to further integrate, to the extent possible, the systems of both parties, reduce the environmental impact of air transportation and share information as required.
ARTICLE 16
Maintenance of designations and authorizations
1. Any air carrier of Canada or a Member State that holds a valid designation from its Government under an Air Transport Agreement with Canada that is repealed by this Agreement shall be deemed to be a designated air carrier for the operation of air services.
2. Any air carrier of Canada or a Member State that, on the date of entry into force of this Agreement, holds a valid licence or authorization issued by a party's aeronautical authorities for the operation of air services shall, pending the issuance of a new or amended licence or authorization pursuant to this Agreement, retain all authorizations granted under that licence or authorization; it is deemed to be authorized to operate air services in accordance with this Agreement.
3. Nothing in this section shall be contrary to an air carrier of a party not referred to in subsection 1er or 2 of this section shall be designated or authorized to operate air services.
ARTICLE 17
Joint Committee
1. The parties establish a committee composed of representatives of each of them (hereinafter referred to as the "mixed committee").
2. The joint committee shall determine the aeronautical authorities and other competent authorities with regard to the matters covered by this Agreement and facilitate contacts between them.
3. The Joint Committee meets on an as-needed basis and at least once a year. Each party may request a meeting.
4. Each party may also request the convening of a meeting of the Joint Committee for consultations on any matter relating to the interpretation or application of this Agreement and to seek to dispel any concerns raised by the other party. The meeting shall be held as soon as possible and no later than two months after the date of receipt of the application, unless the parties decide otherwise.
5. The joint committee shall adopt decisions in cases expressly provided for in the agreement.
6. The Joint Committee promotes cooperation between the parties and may consider any issues related to the operation or implementation of this Agreement, including:
(a) Reviewing the conditions of contracts affecting the air services covered by this Agreement;
(b) by exchanging information, including advice on changes in national legislation and policies affecting the agreement;
(c) examining areas that may be included in the agreement, including recommending possible amendments to the agreement;
(d) recommending the conditions, procedures and modifications necessary for the new member States to become parties to this Agreement; and
(e) discussing issues related to investment, ownership and control and confirming when the conditions for the progressive opening of traffic rights set out in Annex 2 to this Agreement are met.
7. The joint committee develops cooperation and promotes expert exchanges on new legislative or regulatory initiatives.
8. The joint committee shall adopt by decision its rules of procedure.
9. The joint committee decides on the basis of consensus.
ARTICLE 18
Environment
1. The parties recognize the importance of protecting the environment as part of the development and implementation of the international aviation policy.
2. Without prejudice to the rights and obligations of the parties under international law and the Convention, each party has the right to take and apply, within its territorial jurisdiction, appropriate measures to act on the environmental impacts of air transport, provided that such measures are implemented without distinction as to nationality.
3. The parties recognize that the costs and benefits of measures to protect the environment must be carefully weighed as part of the development of international aviation policy. When a party examines a draft environmental protection measures, it should assess the potential negative effects on the exercise of the rights provided for in this Agreement and, if these measures are adopted, it should take appropriate measures to mitigate these negative effects.
4. The parties recognize the importance of collaborating and, in multilateral discussions, studying the effects of air transport on the environment and the economy and ensuring that any action to mitigate environmental impacts is fully consistent with the objectives of this Agreement.
5. When environmental protection measures are adopted, the environmental standards adopted by the International Civil Aviation Organization in the annexes to the Convention are met, except in cases where differences in these standards have been notified.
6. The parties shall seek to consult on environmental issues, including the measures envisaged that may have a significant impact on international air services covered by this Agreement, in order to adopt compatible approaches to the extent possible. Consultations begin within 30 days of receipt of such a request or any other period established by mutual consent.
ARTICLE 19
Employment issues
1. The parties recognize the importance of examining the effects of this agreement on labour, employment and working conditions.
2. Each party may request a meeting of the joint committee established under section 17 to discuss employment issues referred to in paragraph 1er of this article.
ARTICLE 20
International cooperation
The parties may refer to the joint committee established under section 17 of related matters:
(a) Air transport and international organizations;
(b) the possible changes in the relationship between the parties and other countries with respect to air transport; and
(c) Trends in bilateral or multilateral arrangements,
and, to the extent possible, proposals on the development of coordinated positions in these areas.
ARTICLE 21
Settlement of disputes
1. If a dispute arises between the parties with respect to the interpretation or application of this Agreement, they shall first endeavour to resolve it by formal consultations within the Joint Committee. Such formal consultations shall begin as soon as possible and, notwithstanding section 17, paragraph 4, within a period not exceeding 30 days from the date of receipt by one of the parties of the written request referring to this article submitted by the other party, unless the parties so decides otherwise.
2. If the dispute is not resolved within 60 days of receipt of the request for formal consultations, it may be submitted to a person or body for a decision by consent of the parties. In the absence of consent of the parties, the dispute shall be submitted, at the request of one of the parties, to the arbitration of an arbitral tribunal composed of three arbitrators, in accordance with the procedure set out below.
3. Within 30 days of receiving an arbitration application, each party in the dispute shall appoint an independent arbitrator. The third arbitrator shall be appointed within an additional 45 days by agreement between the two arbitrators appointed by the parties. If one of the parties does not appoint an arbitrator within the time limit or if the third arbitrator is not designated within the time limit, the President of the Council of the International Civil Aviation Organization may be invited by one of the parties to designate one or more arbitrators as the case may be. If the President is a national of one of the parties, the oldest Vice-Chairperson, who is not a national of either of the two parties, shall make such designation. In all cases, the third arbitrator is a third-party national, assumes the functions of president of the court and determines where the arbitration will take place.
4. The court determines its procedural rules and the associated schedule.
5. At the request of a party, the court may order the other party to the dispute to apply interim corrective measures, pending its final decision.
6. The court shall make a written decision within 180 days of receipt of the application for arbitration. The court shall render its decisions to the majority of its members.
7. If the court considers that there has been a violation of this agreement and that the party responsible for this violation does not remedy it or fails to reach, within 30 days of the notification of the court's decision, a mutually satisfactory solution with the other party to the dispute, the latter may suspend the application of equivalent benefits arising out of this agreement until the settlement of the dispute.
8. The costs incurred by the court are shared equally between the parties to the dispute.
9. For the purposes of this article, the European Community and the Member States shall act jointly.
ARTICLE 22
Amendment
Any amendment to this Agreement may be decided by mutual consent of the parties following consultations held in accordance with Article 17 (Joint Committee) of this Agreement. The amendments come into force in accordance with the provisions of Article 23 (Entry into force and provisional application).
ARTICLE 23
Entry into force and provisional application
1. This Agreement comes into force one month after the date of the last diplomatic notes by which the parties confirm that all necessary procedures for this purpose have been completed. For the purpose of this exchange of notes, the European Community and its member States shall designate the General Secretariat of the Council of the European Union. Canada shall give to the General Secretariat of the Council of the European Union the diplomatic notes or notes to the European Community and its Member States, and the General Secretariat of the Council of the European Union shall give Canada the diplomatic notes or notes of the European Community and its Member States. The diplomatic notes or notes of the European Community and its Member States contain communications from each Member State confirming that the procedures necessary for the entry into force of this Agreement have been completed.
2. Notwithstanding paragraph 1er of this Article, the parties agree to apply this Agreement on an interim basis in accordance with the provisions of domestic law of the parties beginning on the first day of the month following the date of the last of the notes by which the parties have mutually notified themselves of the performance of the internal procedures necessary for the provisional application of this Agreement.
ARTICLE 24
Denunciation
Each party may at any time notify the other party in writing, through diplomatic channels, of its decision to terminate this agreement. This notification is made at the same time to the International Civil Aviation Organization and the United Nations Secretariat. The agreement shall terminate one (1) year after the date of receipt of the notification by the other party, unless the notice of denunciation is withdrawn by mutual consent before the expiry of that period. In the absence of an acknowledgement of receipt from the other party, the notification was deemed to have been received by the other party fourteen (14) days after the date of its receipt by the International Civil Aviation Organization and the United Nations Secretariat.
ARTICLE 25
Registration of the agreement
This Agreement and any amendments to it shall be registered with the International Civil Aviation Organization and the United Nations Secretariat, in accordance with Article 102 of the Charter of the United Nations, after their entry into force. The other party is informed of the registration as soon as it has been confirmed by the secretariats of the International Civil Aviation Organization and the United Nations.
ARTICLE 26
Relations with other agreements
1. If the parties become parties to a multilateral agreement or apply a decision of the International Civil Aviation Organization or any other international intergovernmental organization dealing with aspects covered by this Agreement, they consult with the joint committee to determine the extent to which the provisions of the multilateral agreement or decision have an impact on this Agreement and whether the agreement must be revised in the light of that situation.
2. During the interim period provided for in Article 23 (Entry into force and provisional application), paragraph 2, of the Agreement, the bilateral agreements listed in Annex 3 to this Agreement shall be suspended, except to the extent provided for in Annex 2 to this Agreement. Upon entry into force in accordance with article 23, paragraph 1erthis Agreement repeals the relevant provisions of the bilateral agreements listed in Annex 3, except to the extent provided for in Annex 2.
IN WITNESS WHEREOF, the undersigned, duly authorized to do so, have signed this Agreement.
Two thousand nine in German, English, Bulgarian, Danish, Spanish, Estonian, Finnish, French, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Dutch, Polish, Portuguese, Romanian, Slovak, Slovenian, Swedish and Czech, each of these versions equally authentic.

Annex 1re
CONTENTS
1. For the purposes of section 2, paragraph 1er, paragraph (c), of this Agreement, each party allows the air carriers of the other party to provide transport services on the routes specified below:
(a) For Canadian air carriers:
points below - points in Canada - intermediate points - points in member states - points beyond
(b) For European Community air transport companies:
points below - points in member states - intermediate points - points in Canada - points beyond
2. Air carriers of a party may, on any or all of their flights and at their convenience:
(a) operate flights in either direction or in both directions;
(b) combine different flight numbers for the same aircraft operation;
(c) serve points below, intermediate points and beyond, and points on the territory of any party, in any combination and any order;
(d) omit stopovers into one or more points;
(e) transfer from traffic of any of their aircraft to any of their other aircraft, without limiting the type or number of aircraft used at any point;
(f) serve points below any point in the territory of the said party with or without a change of aircraft or flight number, and offer and present these services to the public as direct services;
(g) make stops on the road at any point located on or outside the territory of one of the parties;
(h) transit traffic through intermediate points and points in the territory of the other party;
(i) combine traffic on board the same aircraft independently of the origin of the aircraft; and
(j) provide code-sharing services in accordance with Article 13, Trade Policy, paragraph 3, of this Agreement,
without limitation of direction or geographic order and without loss of any right to transport traffic otherwise authorized under this Agreement.

Annex 2
ARRANGEMENTS RELATING TO HUMAN RIGHTS DISPONIBILITY
SECTION 1re
Ownership and control of air carriers of both parties
1. Notwithstanding Article 4 (Investissement), the ownership of a party's air carriers by nationals of all other parties is authorized on the basis of reciprocity, as Canada's domestic legislation and regulations applicable to foreign investment in air carriers permit.
2. Notwithstanding section 3 (Designation, authorization and revocation), paragraph 2, subparagraph (c), and section 4 (Investment) of the agreement, the following provisions apply in respect of the ownership and control of air carriers in place of the provisions of section 3 (Designation, authorization and revocation), paragraph 2, subparagraph (c), until the legislative and regulatory provisions referred to in section (c)
"(...) in the case of an air carrier in Canada, a substantial portion of the ownership and effective control of the air transportation undertaking are in the hands of Canadian nationals, the air transportation undertaking is licensed to carry on an air transportation undertaking in Canada and its principal place of business is in Canada; in the case of an air transport company of a Member State, a substantial part of the property and the effective control of the air transport company are in the hands of nationals of member States, Iceland, Liechtenstein, Norway or Switzerland, the air transport company is licensed as an air carrier of the Community and its principal establishment is located in a Member State. ".
SECTION 2
Progressive availability of traffic rights
1. In the exercise of the traffic rights set out in paragraph 2 of this section, the parties' air carriers are granted the operating flexibility permitted by Appendix 1reParagraph 2.
2. Notwithstanding the traffic rights set out in Schedule 1re of this Agreement:
(a) where the national laws and regulations of both parties authorize nationals of the other party to own and control up to 25% of the voting shares of their air carriers, the following rights apply:
(i) in the case of mixed services and all-cargo services, for Canadian air carriers, the right to provide international transport from any point in Canada to any point in the Member States; for the air carriers of the Community, the right to provide air services between any point of the Member States and any point of Canada. In addition, in the case of mixed services and all-cargo services, for a party's air carriers, the right to provide international transport to and from points in third countries, via any point in the territory of that party, with or without change of aircraft or flight number, and to offer and present these services to the public as direct services,
(ii) in the case of all-cargo services, for air carriers of both parties, the right to provide international transport between the territory of the other party and points in third countries in conjunction with services between points of its own territory and points of the territory of the other party,
(iii) in the case of mixed services and all-cargo services, for air carriers of both parties, the operating rights provided for in the bilateral air transport agreements between Canada and the Member States listed in Annex 3, Section 1reand the operating rights contained in the arrangements that were applied between Canada and the various Member States, as specified in Annex 3, Section 2. With respect to the rights of fifth liberty in respect of the points beyond specified in this paragraph, all limitations other than geographic, the limitations on the number of points and the limitations in the form of frequency specification no longer apply, and
(iv) for greater security, the rights referred to in subparagraphs (i) and (ii) above are available where there is no bilateral agreement or arrangement on the date of the provisional application or entry into force of this Agreement, or where the rights contained in an agreement that were available immediately before the provisional application or entry into force of this Agreement are not as liberal as those referred to in subparagraphs (i) above; and (ii)
(b) where the national laws and regulations of both parties authorize nationals of the other party to own and control up to 49% of the voting shares of their air carriers, the following rights shall apply in addition to those provided for in paragraph 2, subparagraph (a):
(i) in the case of mixed services, for air carriers of both parties, the rights of fifth freedom are available at any intermediate point and, for air carriers of Canada, between any point located in a Member State and any point located in another Member State, provided that the service includes a point in Canada if it is a business of Canada, or that it includes a point located in a Member State if it is a company
(ii) in the case of mixed services, for Canadian air carriers, the rights of fifth freedom are available between any point located in a Member State and any point located in Morocco, Switzerland, the European Economic Area or other member countries of the European common airspace, and
(iii) in the case of all-cargo services, for air carriers of a party, the right to provide, without obligation to serve a point in the territory of that party, international transport between points located in the territory of the other party and points located in third countries;
(c) where national laws and regulations of both parties authorize nationals of the other party to establish an air carrier in their territory to provide domestic and international air services, and in accordance with Article 17 (Joint Committee), paragraph 5, paragraph 6, subparagraph (e), and paragraph 9, of this Agreement, the following rights shall apply in addition to those provided for in paragraph 2, subparagraphs (a) and (b):
(i) in the case of mixed services, for air carriers of both parties, the rights of fifth freedom are available to any point beyond without limitation of frequency;
(d) where the national laws and regulations of both parties authorize nationals of the other party to hold full ownership and control of their air carriers, and both parties to allow full application of Annex 1rein accordance with Article 17 (Joint Committee), paragraph 5, paragraph 6, subparagraph (e), and paragraph 9, of this Agreement, and upon receipt of a confirmation by the parties in accordance with their respective procedures, the provisions of Annex 2 above shall no longer apply and Annex 1 shall take effect.

Annex 3
BILATERAL AGREEMENTS BETWEEN CANADA AND THE MEMBERS OF THE EUROPEAN COMMUNITY
SECTION 1re
Pursuant to the provisions of Article 26 of this Agreement, the following bilateral agreements between Canada and the Member States are suspended or repealed by this Agreement:
(a) Republic of Austria: Air Transport Agreement between the Government of Canada and the Federal Government of Austria, signed on June 22, 1993;
(b) Kingdom of Belgium: Agreement on Air Transport between the Government of Canada and the Government of Belgium signed on May 13, 1986;
(c) Czech Republic: Agreement between the Government of Canada and the Government of the Czech Republic on Air Transport, signed on March 13, 1996. Exchange of notes forming an agreement amending the Agreement between the Government of Canada and the Government of the Czech Republic on Air Transport, signed in Prague on March 13, 1996, signed on April 28, 2004 and June 28, 2004 respectively;
(d) Kingdom of Denmark: Agreement between Canada and Denmark concerning air services between the two countries, signed on 13 December 1949. Exchange of notes between Canada and Denmark with respect to the air agreement signed between the two countries in Ottawa on December 13, 1949, signed on December 13, 1949. Exchange of notes between Canada and Denmark amending the 1949 Air Services Agreement, signed on May 16, 1958;
(e) Republic of Finland: Agreement between the Government of Canada and the Government of Finland on air transport between their respective territories and beyond, signed on 28 May 1990. Exchange of notes forming an agreement amending the agreement between the Government of Canada and the Government of Finland on air transport between their respective territories and beyond signed in Helsinki on May 28, 1990, signed on May 1, 1990er September 1999;
(f) French Republic: Agreement on Air Transport between the Government of Canada and the Government of the French Republic, signed on 15 June 1976. Exchange of notes between the Government of Canada and the Government of the French Republic amending the Air Transport Agreement signed in Paris on June 15, 1976, signed on December 21, 1982;
(g) Federal Republic of Germany: Air Transport Agreement between the Government of Canada and the Government of the Federal Republic of Germany, signed on March 26, 1973. Exchange of notes between the Government of Canada and the Government of the Federal Republic of Germany amending the Air Transport Agreement signed in Ottawa on March 26, 1973, signed on December 16, 1982 and January 20, 1983;
(h) Hellenic Republic: Agreement on Air Transport between the Government of Canada and the Government of the Hellenic Republic, signed on August 20, 1984. Exchange of notes forming an agreement between the Government of Canada and the Government of the Hellenic Republic amending the Air Transport Agreement, made in Toronto on August 20, 1984, signed respectively on June 23, 1995 and July 19, 1995;
(i) Republic of Hungary: Air Transport Agreement between the Government of Canada and the Government of the Republic of Hungary signed on 7 December 1998;
(j) Ireland: Agreement between the Government of Canada and the Government of Ireland on air services between the two countries, signed on August 8, 1947. Exchange of notes (19 April and 31 May 1948) forming an agreement amending the schedule to the Air Transport Agreement between Canada and Ireland signed on 31 May 1948. Exchange of notes between Canada and Ireland with an agreement amending the schedule to the Air Services Agreement, signed on August 8, 1947, signed on July 9, 1951. Exchange of notes between Canada and Ireland amending the Agreement of August 8, 1947 on air services between the two countries, signed on December 23, 1957;
(k) Italian Republic: Agreement between Canada and Italy on Air Services, signed on 2 February 1960. Exchange of notes between the Government of Canada and the Government of the Republic of Italy constituting an agreement that amends the Air Services Agreement in accordance with the provisions of the Protocol of April 28, 1972, signed on August 28, 1972;
(l) Kingdom of the Netherlands: Agreement between the Government of Canada and the Government of the Kingdom of the Netherlands on Air Transport, signed on June 2, 1989. Exchange of notes between the Government of Canada and the Government of the Kingdom of the Netherlands constituting an agreement on the operation of non-regular ( chartered) flights signed on June 2, 1989;
(m) Republic of Poland: Agreement on Air Transport between the Government of Canada and the Government of the People's Republic of Poland, signed on May 14, 1976. Exchange of notes forming an agreement between the Government of Canada and the Government of the People's Republic of Poland relating to Articles IX, XI, XIII and XV of the Air Transport Agreement signed on May 14, 1976, signed on the same date;
(n) Portuguese Republic: Agreement between the Government of Canada and the Government of Portugal on air services between the Canadian and Portuguese territories, signed on April 25, 1947. Exchange of notes (24 and 30 April 1957) between Canada and Portugal amending paragraphs 3 and 4 of the Annex to the Agreement on Air Services between the two countries made in Lisbon on 25 April 1947, signed respectively on 24 and 30 April 1957. Exchange of notes between Canada and Portugal amending paragraph 7 of the Annex to the Air Services Agreement between the two countries, signed respectively on March 5 and 31, 1958;
(o) Romania: Agreement on Air Transport between the Government of Canada and the Government of the Socialist Republic of Romania, signed on 27 October 1983;
(p) Kingdom of Spain: Agreement on Air Transport between the Government of Canada and the Government of Spain, signed on September 15, 1988;
(q) Kingdom of Sweden: Agreement between Canada and Sweden on air services between the Canadian and Swedish territories, signed on June 27, 1947. Exchange of notes between Canada and Sweden supplementing the Agreement on Air Services between the Territories of Canada and Sweden, signed respectively on June 27 and 28, 1947. Exchange of notes between Canada and Sweden amending the 1947 Air Services Agreement, signed on May 16, 1958;
(r) United Kingdom of Great Britain and Northern Ireland: Agreement on Air Services between the Government of Canada and the Government of the United Kingdom of Great Britain and Northern Ireland, signed on June 22, 1988.
SECTION 2
For the purposes of Appendix 2, section 2, the following rights are available in accordance with paragraph 2 (a) (iii):
Part 1: For Canadian Air Transport Companies
In combination with the operation of mixed services between Canada and the various Member States, and the operation of all-cargo services, Canada's air carriers have the following rights:

Part 2: For European Community Air Transport Companies
In combination with the operation of mixed services between the different Member States and Canada, and the operation of all-cargo services, the Community's air carriers have the following rights:

SECTION 3
Notwithstanding section 1re of this annex, with respect to areas not included in the definition of "territory" in section 1er the Agreement referred to in subparagraphs (d) of the Kingdom of Denmark, (f) French Republic, (l) Kingdom of the Netherlands and (r) United Kingdom of Great Britain and Northern Ireland remain applicable in accordance with their provisions.

Agreement on Air Transport between the European Community and its Member States and Canada, done in Brussels on 17 December 2009

DECLARATIONS
The parties take note of the following statements:
Statement by the European Community and its Member States on the EU-Canada Air Services Agreement, to be made at the time of signature
"With respect to Article 26, paragraph 2, of the European Community and its Member States confirm that "the bilateral agreement listed in Annex 2" is to indicate that the relevant provisions of the Agreement precede the relevant provisions of the existing bilateral agreements listed in Annex 3. "
Statement by the European Community and its Member States on the EU-Canada Air Services Agreement, to be made at the time of signature
"The European Community and its Member States state that the agreement on air services between the European Community and its Member States, on the one hand, and Canada, on the other hand, and in particular its Article 8, does not provide for the exemption of the tax on value added (T.V.A.), with the exception of the tax on the turnover to the import, does not prevent the Member States from taxing the 2003 EU9