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)

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014015144&caller=list&article_lang=F&row_id=600&numero=641&pub_date=2014-07-11&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-07-11 Numac: 2014015144 FEDERAL PUBLIC SERVICE Foreign Affairs, trade outside and COOPERATION to development 26 February 2014. -Law concerning consent to 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) PHILIPPE, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2. the agreement on air transport between the Canada and the European Community and its Member States, made in Brussels on December 17, 2009, will release its full and complete effect.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, February 26, 2014.
PHILIPPE by the King: the Deputy Prime Minister and Minister for Foreign Affairs, international trade and European Affairs, D. REYNDERS the Deputy Prime Minister and Minister of the Interior, Ms. J. MILQUET the Secretary of State for mobility, Assistant to the Minister of the Interior, M.
WATHELET sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Notes (1) Senate (www.senate.be): Documents: 5-2209 annals of the Senate: November 7, 2013 House of representatives (www.lachambre.be): Documents: complete record 53-3116: 19 December 2013.
(2) see Decree of the Flemish community / the Flemish Region may 3, 2013 (Moniteur belge of 13 June 2013), Decree of the Walloon Region from March 13, 2014 (Moniteur belge of 28 March 2014), order of the Region of Brussels - capital of April 3, 2014 (Moniteur belge of 13 may 2014).
(3) bound States.

Agreement on air transport between the Canada and the community and its Member States TABLE of contents ARTICLE title 1 titles and definitions 2 granting of rights 3 Designation, authorisation and revocation 4 investment 5. Application of the legislative and regulatory provisions 6 safety of civil aviation 7 aviation security civil 8 customs duties, taxes and charges 9 statistics 10 consumer interests 11 availability of airports and infrastructure and aeronautical services 12 charges imposed for the use of airports and infrastructure services and aeronautical 13 commercial framework 14 competitive environment 15 of the air traffic management (ATM) 16 maintenance of designations and authorizations 17 Joint Committee 18 environment 19 employment 20 21 22 dispute settlement International Cooperation issues Amendment 23 entry into force and application provisional 24 denunciation 25 registration of the 26 Relations with other agreement agreement on the TRANSPORT CANADA air of one part, and the Republic of Austria, the Kingdom of Belgium, the Republic of Bulgaria, the Republic of Cyprus, the Czech Republic, the Kingdom of Denmark, the Republic of Estonia, the Republic of Finland, LA République FRANÇAISE, the Federal Republic of Germany, the Hellenic Republic, the Republic of Hungary, Ireland, the Italian Republic, the Republic of Latvia, the Republic of Lithuania, the GRAND Duchy of LUXEMBOURG , Malta, the Kingdom of the Netherlands, the Republic of Poland, the Portuguese, Romania, the Slovak Republic, the Republic of Slovenia, the Kingdom of Spain, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland, Republic party to the Treaty establishing the European Community and Member States of the Union European (hereinafter referred to as 'the Member States'), and the European Community, on the other hand, the Canada and the Member States as parties to the Convention on international civil aviation opened for signature at Chicago on 7 December 1944, with the European Community, desiring to promote a system of air transport based on the competition between air transport companies, a market subject to intervention and a minimum regulation of the State;
Desiring to promote their interests in air transport;
Recognizing the importance of efficient air transport to promote trade, tourism and investment;
Desiring to improve air services;
Desiring to ensure the highest degree of safety and security in air transport;
DETERMINED to collect the potential benefits of cooperation on regulatory and, to the extent possible, harmonisation of the regulations and approaches;
Recognizing the important potential benefits that may arise from competitive air services and sustainable business sectors in this area;
Desiring to promote a competitive environment for air services, recognizing that in the absence of equivalent conditions of competition for air transport companies, the potential benefits may not materialize;
Desiring to allow their air carriers benefit from a fair and equal access to the provision of air services covered by this agreement;
Desiring to maximise the benefits to passengers, shippers, the air carriers and airports and their staff, as well as the indirect benefits for other stakeholders;
Stressing the importance of protecting the environment in the context of development and implementing international aviation policy;
Stressing the importance to protect consumers and promote an appropriate level of protection of consumers in respect of air services;
Stressing the importance of capital for air transport companies, with a view to further development of air services;
Desiring to conclude an agreement on air transport supplementing the above-mentioned Convention, have agreed as follows: ARTICLE first titles and definitions 1. The titles in this agreement are included for reference purposes.
2. for the purposes of this agreement, unless otherwise specified, means: a) "aeronautical authorities", any authority or person empowered by the parties to perform the duties set out in this agreement;
(b) ' air services', scheduled air services on the specified routes in this agreement for the transport of passengers and cargo, including mail, so separate or combined;
(c) agreement, this agreement, any accompanying Appendix, and any amendment to the agreement or to its annexes;
(d) "air transport undertaking" means an air transport undertaking which has been designated and authorized in accordance with article 3 of this agreement;
(e) "party", either the Canada or the Member States and the European Community considered together or individually;
(f) "Convention" shall mean the Convention on international civil aviation, opened for signature at Chicago on 7 December 1944, and includes any annex adopted under article 90 of the said Convention and any amendment of its annexes or the Convention itself under articles 90 and 94, insofar as the said annexes and amendments adopted by the Canada and the Member States; and g) "territory" means in the case of Canada, the land areas (Mainland and Islands), internal waters and territorial sea such as defined in its national law, including the airspace above these areas. in the case of the Member States of the European Community, the land areas (Mainland and Islands), internal waters and territorial waters covered by the Treaty establishing the European Community, in accordance with the provisions laid down by the latter and by any instrument to succeed him, including the air space above these areas. the application of this agreement to Gibraltar airport means without prejudice to the respective legal positions of the Kingdom of Spain and the United Kingdom about the dispute over sovereignty over the territory in which the airport is situated, and the continuation of the suspension of the application to the airport of Gibraltar's liberalization of air transport in force on September 18, 2006, between Member States in accordance with the ministerial statement on Gibraltar airport adopted in Cordoba on 18 September 2006.
ARTICLE 2 grant of rights 1. Each party grants to the other party the rights listed below, for the operation of air services by the air carriers of the other party: has) the right to fly across its territory without landing;
b) the right to make on its territory of stopovers for non-commercial purposes;
(c) to the extent permitted in this agreement, the right to make stops in its territory on the routes specified in the agreement to embark and land passengers and goods, including mail, so separate or combined; and (d) the rights specified in this agreement.
(2. each Party shall also accord to the other party the rights specified in paragraph 1, a) and b), of this article, for the air carriers of the other party other than those referred to in article 3 (Designation, authorisation and revocation) of this agreement.
ARTICLE 3 Designation, authorisation and revocation 1. The parties recognize as constituting a designation under this agreement permits or other forms of authorization issued by the other party for the operation of air services under this agreement. On request of the aeronautical authorities of one of the parties, the aeronautical authorities of the other party which issued the licence or other form of authorization check the validity.

2. receipt requests introduced by an air transport undertaking designated by one of the parties in the prescribed form, the other party gives this company to air transport, in accordance with its legislative and regulatory provisions and in the shortest, the permissions and approvals sought to operate air services, provided that: has) this air transport undertaking meets the conditions required under the legislative and regulatory provisions normally applied by the authorities aeronautical in part that grant the authorisations and approvals;
(b) this airline company respects laws and regulations of the party according the permissions and approvals;
(c) subject to the provisions of annex 2, in the case of the Canada air transport undertaking, effective control of the air transport undertaking or between the hands of nationals of one or other of the parties, the air transport company is licensed from the Canada air transport company and its principal place of business is located in Canada; in the case of a transport company air of a Member State, effective control of the air carrier is in the hands of nationals of one or other of the parties, the Iceland, the Liechtenstein, the Norway or Switzerland, the air transport company is holder of a licence of the Community air transport company and its principal place of business is located in a Member State; and (d) the air transport company also operates air services in a manner consistent with the conditions laid down in this agreement.
3. a party may refuse permissions or licences referred to in paragraph 2 of this article and revoke, suspend, impose conditions or restrict permissions exploitation or licensing, or suspend or otherwise limit the activities of one or several air carriers of the other party, when such air carriers comply with the provisions of paragraph 2, or where a party has established that the conditions in force in the territory the other party is incompatible with a fair competitive environment and cause disadvantage or damage important for its air carriers, in accordance with article 14 (competitive environment), paragraph 5.
4. the rights listed in paragraph 3 of this article shall be exercised only after consultations within the Joint Committee, unless immediate action is essential to prevent a breach of the laws and regulatory provisions referred to in paragraph 2, or if the safety or security require action in accordance with the provisions of article 6 (civil aviation safety) and article 7 (aviation security).
ARTICLE 4 investment each party allows nationals of the Canada or of one or more Member States to hold its air carriers freehold subject to the conditions laid down in annex 2 to this agreement.
ARTICLE 5 Application of laws and regulatory provisions each party requires the respect of: has) its laws, regulations and procedures related to admission or residence in its territory, or departure from its territory of aircraft assigned to international air navigation, or relating to the operation and the conduct of these aircraft by air transport companies, at the entrance departure and during their stay in the Interior of said territory; and (b) its laws and regulations relating to admission or residence in its territory, or departure from its territory of passengers, crew members and cargo, including mail (such as regulations relating to entry, clearance, transit, to the safety of civil aviation, immigration, passports, customs and quarantine) by air transport companies and by or on behalf of the passengers and crew members and for
goods, including mail, in transit, at the entrance, exit and during their stay on the territory inside. In the application of these laws and regulations, each party, in like circumstances, reserves for air transport companies a treatment at least as favourable as that accorded to its own companies or air transport to any other air carrier providing similar international air services.
ARTICLE 6 safety of civil aviation 1. The parties reaffirm the importance of close cooperation in the field of civil aviation security. In this regard, they engage in a closer cooperation, including in relation to the operation, so to enable the sharing of information that may affect the safety of international air navigation, mutual participation in the surveillance activities of the other party or the joint conduct of surveillance activities in the field of civil aviation security and the development of common projects and initiatives including with third countries. This cooperation is developed in the context of the agreement between the Canada and the European Community on the safety of civil aviation, done in Prague on May 6, 2009, for the matters covered by the agreement.
2. certificates of airworthiness, patent of aptitude and licenses issued or validated by one of the parties, through its aeronautical authorities, in accordance with the applicable provisions of the Canada-Community agreement European on the safety of civil aviation, are recognized as valid by the other party and its aeronautical authorities for the purposes of the operation of air services, subject to these certificates patents and licences have been issued or validated in accordance with minimum standards established under the Convention.
3. If the privileges or conditions of certificates, licences or certificates referred to in paragraph 2, which have been issued by the aeronautical authorities of one of the parties to a person or a company of air transport or an aircraft used for the operation of air services, allow to apply less stringent standards than the minimum standards established by the Convention and this difference has been notified to the international civil aviation organization , or if these authorities apply one or several standards that are more stringent than the standards set by the Convention or which differ from these, the other party may request consultations between the parties within the Joint Committee, in order to clarify the practice in question. Until that consultation have enabled a consensus, and in the spirit of a regime of mutual acceptance of certificates, patents and licences, the parties continue to recognise the certificates, patents and licenses validated by the aeronautical authorities of the other party. If the agreement between the Canada and the European Community on the safety of civil aviation, done at Prague on May 6, 2009, contains provisions governing the mutual acceptance of licences, patents and licences, each Party shall apply these provisions.
4. in respect of applicable laws and the agreement between the Canada and the European Community on the safety of civil aviation, done in Prague on May 6, 2009, for the matters covered by this agreement, the parties undertake to reach the mutual acceptance of licences, patents and licences.
5. a party or its aeronautical authorities may apply at any time consultations with the other party or its aeronautical authorities in relation to the standards and requirements of safety that they apply and manage. If, as a result of these consultations, the party or its aeronautical authorities that have requested believe that the other party or its aeronautical authorities do not apply or manage not effective standards and safety requirements which, unless otherwise decided, are at least equal to the minimum standards established pursuant to the Convention, they shall inform the other party or its aeronautical authorities of these findings and the actions required to comply These minimum standards. If the other party or its aeronautical authorities do not adopt appropriate corrective measures in a period of fifteen (15) days or another fixed period, the party or its aeronautical authorities who made the request for consultations shall be entitled to revoke, suspend or limit the operating authorization or technical approval of an air transport enterprise which the other party or its aeronautical authorities ensure security control , or to suspend or otherwise limit the activities of the undertaking of air transport.
6. each party agrees that any aircraft operated by an air transport undertaking of one of the parties or on its behalf may, when on the territory of the other party, be subject to an inspection on the ground by the aeronautical authorities of the other party, so that to be verified the validity of the relevant documents of the aircraft and its crew , as well as the apparent condition of the aircraft and its equipment, provided that this review does not result in unreasonable delay to the operation of the aircraft.
7. If

Aviation a authorities parties find, after having carried out an inspection on the ground, aircraft or the operation thereof is not consistent with minimum standards at this time there under the Convention, or that safety standards established pursuant to the Convention at this time are not applied or managed effectively they inform the aeronautical authorities of the other party competent with regard to the safety oversight of the airline company that operates the aircraft in question these findings and measures that they deem necessary to comply with these minimum standards. If appropriate corrective measures are not taken within fifteen (15) days, the permit or the technical approval of the air carrier operating the aircraft may be revoked, suspended or limited, or its activities may be suspended or restricted in any other way. The same measures may be taken when denied access for an inspection on the ground.
8. each Party shall, through its competent aeronautical authorities, shall be entitled to take immediate action, including the right to revoke, suspend or limit the operating authorization or technical approval of a company of airline of the other party, suspend or otherwise limit the activities of the, if it concludes that an immediate threat to the security of civil aviation justifies these measures. Insofar as possible, the party that takes these measures strives to consult the other party in advance.
9. any action taken by a party or its aeronautical authorities in accordance with paragraphs 5, 7 or 8 of this article is lifted as soon as the cause that gave rise to this action has ceased to exist.
SECTION 7 security of civil aviation 1.
In accordance with their rights and obligations under international law, the parties reaffirm their mutual obligation to protect the security of civil aviation against acts of unlawful interference is an integral part of this agreement.
2. without limiting the generality of their rights and obligations under international law, the parties operate in particular in accordance with the provisions of the Convention on offences and certain other acts committed on board aircraft, done at Tokyo on 14 September 1963, the Convention for the Suppression of illegal aircraft capture, done at the Hague on 16 December 1970 of the Convention for the Suppression of unlawful acts against the safety of civil aviation, done at Montreal on 23 September 1971, the Protocol for the Suppression of unlawful acts of violence at airports serving international civil aviation, done at Montreal on 24 February 1988, the Convention on the marking of plastic explosives for the purpose of detection done at Montreal on 1 March 1991, and any other multilateral agreement governing the safety of civil aviation, which is binding on the parties.
3. the parties shall assist each other, upon request, all necessary assistance to prevent acts of unlawful of civil aircraft seizure and other acts of unlawful interference against the safety of such aircraft, their passengers and their members crew, airports and air, as well as any other navigation services and facilities threat to civil aviation security.
4. the parties act in accordance with the civil aviation security provisions established by the international civil aviation organization and designated as annexes to the Convention on international civil aviation, insofar as these security provisions are applicable to the parties. They require operators of aircraft registered in their territory, operators of aircraft who have their principal place of business or permanent residence in their territory and operators of airports situated in their territory that they act in accordance with these provisions relating to the safety of civil aviation.
As a result, each party informed on request the other party of any difference between its rules and practices and safety standards of civil aviation of the annexes referred to in this paragraph, where this difference relates to provisions which exceed or complement these standards and has an impact on the operators of the other party. Each party may, at any time, request consultations with the other party, which shall take place without unreasonable delay, to discuss these potential differences.
5. While fully acknowledging and respecting the sovereignty of States, each party agrees that aircraft operators referred to in paragraph 4 of this article may be required to observe the provisions relating to the security of targeted civil aviation that paragraph that are required by the other party for the entry and residence on its territory and from its territory. Each Party shall ensure that adequate measures are applied effectively within its territory to protect aircraft and submit to security controls the passengers, members of crew, hold baggage and hand luggage, goods, mail and stores prior to boarding or loading.
6. the parties agree to work together to achieve the mutual recognition of their safety standards and cooperate closely on measures to control the quality, on the basis of reciprocity. The parties also, as necessary and on the basis of decisions to be taken separately by the parties, create the preconditions for the implementation of a control system of single security for flights between the territories of the parties, so that passengers, baggage and/or cargo in correspondence are exempt from a new inspection. To this end, they put in place administrative arrangements for consultations on existing or planned measures for the safety of civil aviation and cooperation and a sharing of information on control measures of quality implemented by the parties. The parties shall consult on planned security measures that are of interest to aircraft operators established on the territory of the other party to these administrative arrangements.
7. to the extent possible, each Party responds to the requests made by the other party that take reasonable special security measures to deal with a specific threat on a specific flight or a series of specific flights.
8. the parties agree to cooperate in the security inspections undertaken by them on the territory of one of the parties in establishing mechanisms, including administrative arrangements for the reciprocal exchange of information on the results of these inspections. The parties agree to consider sympathetically requests that are made to attend, as an observer, safety inspections undertaken by the other party.
9. in the case of unlawful or threat of unlawful of civil aircraft seizure seizure or other acts of unlawful interference directed against the safety of such aircraft, their passengers and their aircrew, airports or air navigation facilities, the parties shall assist in facilitating communications and taking other appropriate measures to end quickly and in conditions of security, this incident threat or incident.
10. when a party has reasonable grounds to estimate that the other party has violated the provisions of this article, it may, through its competent authorities, request consultations. These consultations begin within fifteen (15) days following the receipt of the application. Unable to reach a satisfactory agreement within a period of fifteen (15) days from early consultations is a reason for the party who requested the consultations, to take measures to deny, revoke, suspend or impose appropriate conditions on the permissions of airline of the other party companies. When urgency so warrants or to avoid a new violation of the provisions of this article, the party which considers that the other party has violated the provisions of this article may at any time take appropriate provisional measures.
11. without prejudice to the need to take immediate steps to ensure the safety of air transport, the parties confirm that, when a party intends to take security measures, it is to assess the potential negative effects on the economic and operational plans for the operation of air services under this agreement and, to the extent permitted by law to take into account these factors to determine what measures are necessary and appropriate to address concerns related to safety.
ARTICLE 8 customs duties, taxes and charges 1. Each party free, as far as its national laws and regulations permit, and on the basis of reciprocity, the air carriers of the other party, with respect to their aircraft in international air transport services, as well as their equipment

normal, fuels, lubricants, technical consumables, the ground equipment, spare parts (including engines), stores (including food, beverages and alcohol, tobacco and other products for sale to passengers or for consumption in quantities limited during the flight) and other articles intended for the operation or maintenance of aircraft providing international air transport service or used only for these purposes , all import restrictions and taxes on the property, any levy on capital, all rights of customs and excise duties and charges or similar fees that are imposed by the parties and are not calculated on the basis of the cost of the services provided.
2. as far as its national laws and regulations permit and on the basis of reciprocity, each free party also taxes, duties, taxes, fees and charges referred to in paragraph 1 of this article, with the exception of the calculated royalties depending on the services provided: has) stores taken on board or obtained in the territory of a party and embedded systems , within reasonable limits, for use on board aircraft departing from an air transport enterprise of the other party providing services of international air transport, even if these provisions are intended to be used on a fraction of the journey performed over territory;
(b) the ground equipment and spare parts (including engines) introduced into the territory of a party for the purposes of maintenance, maintenance or repair of aircraft of an air transport enterprise of the other party providing international air transport services, as well as computer equipment and components intended for the support of passengers or cargo or security controls;
(c) fuel, lubricants and consumable technical supplies introduced or supplied in the territory of a party to be used on an aircraft belonging to an air transport enterprise of the other party providing services of international air transport, even if these supplies are intended to be used on a fraction of travel made above of the said territory; and (d)) print, including airline tickets, ticket covers, letters of air transport and other related promotional materials distributed free of charge by the air transport company.
3. the normal equipment of the aircraft, as well as the materials and supplies normally retained on board the aircraft used by air transport of one of the parties, undertaking cannot be unloaded in the territory of the other party only with the permission of the Customs authorities of the territory. In this case, it may be required that they are placed under the supervision of those authorities until such time as they are re-exported or until it is disposed otherwise in accordance with the customs rules.
4. the exemptions listed in this article are also granted when some airline companies have passed contract with another airline company benefiting from the same exemptions on the part of the other party, for the loan or transfer in the territory of the other party of the items referred to in paragraphs 1 and 2 of this article.
5. this agreement does not modify the provisions of the conventions in force between a Member State and the Canada to avoid double taxation on income and on capital.
SECTION 9 statistics 1.
Each Party shall provide to the other statistics required by the legislation and national regulations and, on request, other available statistical information that may reasonably be required to examine the operation of air services.
2. the parties shall cooperate in the context of the Joint Committee to facilitate the exchange of statistical information between themselves in order to monitor the development of air services.
ARTICLE 10 interests of consumers 1. Each party recognizes the importance of protecting the interests of consumers and may take or require the air carriers that they take on a non-discriminatory basis, reasonable and proportionate for the following measures, including among others: has) of the requirements for the protection of the funds advanced to the air carriers;
(b) initiatives compensation for denied boarding;
(c) refunds in favour of passengers;
d) the disclosure of the identity of the air carrier actually operating the aircraft;
(e) the financial ability of the air carriers of the party concerned);
f) civil liability insurance covering bodily injury of passengers; and (g) the establishment of accessibility measures.
2. the parties shall endeavour to consult within the Joint Committee, on matters relating to the interests of consumers, including measures which they intend to in the matter, in order to adopt consistent approaches wherever possible.
ARTICLE 11 availability of airports and infrastructure and aeronautical services 1. Each Party shall ensure that airports, Airways, air traffic control services and air navigation, infrastructure and services of civil aviation and ground handling safety and other infrastructure and related services that are provided on its territory are available for air carriers of the other party on a non-discriminatory basis as soon as the terms of use have been established.
2. as far as possible, the parties shall take all reasonable measures to ensure effective access to infrastructure and services, subject to legal, operational and physical and constraints on the basis of fair and equal opportunities and transparency with respect to the procedures for access.
3. each Party shall ensure that its procedures, guidelines and rules for the management of slots applicable to airports situated on its territory are applied in a transparent, effective and non-discriminatory manner.
4. If a party considers that the other party violates this section, it can notify him of its findings and request consultations under article 17 (Joint Committee), paragraph 4.
ARTICLE 12 charges imposed for the use of airports and aeronautical services 1 and infrastructure.
Each Party shall ensure that user charges that may be imposed by its authorities or competent bodies to the air carriers of the other party for the use of air navigation and air traffic control services are fair, reasonable, calculated as a function of costs and not unjustly discriminatory. In all cases, these user charges may be imposed on the air carriers of the other party on terms less favourable than the most favourable conditions granted to another company of air transport.
2. each Party shall ensure that user charges that may be imposed by the competent authorities or bodies to the air carriers of the other party for the use of infrastructure and airport services and security of civil aviation, as well as infrastructure and related services, are fair, reasonable, not unjustly discriminatory, and equitably distributed between categories of users. These charges can pass, but not exceed, the total cost to the authorities or bodies responsible for the provision of airport services and infrastructure and civil aviation security in the airport or airport system concerned. These user charges may include a reasonable return on assets, after depreciation. The infrastructure and services that are the subject of these user charges are provided on a cost-effective basis.
In all cases, these charges may be imposed on the air carriers of the other party on terms less favourable than the most favourable conditions granted to another company of air transport at the time of their imposition.
3. each Party shall encourage consultations between the competent authorities or bodies in its territory and the air carriers using the services and infrastructures or their representative bodies, and invites the competent authorities or bodies and the air carriers or their representative organizations to exchange information which may be necessary to permit an accurate review of the reasonableness of fees for the use in accordance with the principles set out in paragraphs 1 and 2 of this article. Each Party shall encourage the competent authorities to inform users, within a reasonable time, of any intended change of use charges, to enable such authorities to consider the views expressed by users before implementing the changes.
4. in the context of the procedures for settlement of disputes in accordance with article 21 (settlement of disputes), no party is seen as being in breach of any provision of this section, unless: has) not to examine, within a reasonable time, a fee or practice which is the subject of a complaint on the part of the other party. or (b) following such a review,

It does not all measures in its power to change a royalty or a practice inconsistent with this section.
ARTICLE 13 commercial framework 1. Each party provides to the air carriers of the other party a fair and equal access to the provision of air services covered by this agreement.
Capacity 2. Each part helps any business airline of the other party to define the frequency and capacity of air services it provides under this agreement on the basis of commercial considerations in the market. No party shall unilaterally limit the volume of traffic, frequency or regularity of service, or types of aircraft operated by the air carriers of the other party, nor does it require their part deposit their schedules, programs for Charter flights or operating, except for technical reasons, plans of operation or environment (air quality and noise at the local level) , and this under uniform conditions consistent with the provisions of article 15 of the Convention.
3 codeshare. (a) subject to the regulatory requirements normally applied to such operations by each of the parties, any business airline of the other party may enter into cooperative arrangements so: i) to offer its air services on the routes specified by selling transportation under its own code on flights operated by any airline of the Canada company (, or of Member States, and/or of any third country, or a carrier of surface land or water of any country, ii) to carry traffic under the code of any other airline when the latter has been authorized, by the aircraft of some authorities, to sell transportation under its own code on flights operated by any carrier waybill part.
(b) a party may require that all the air carriers involved in code-sharing arrangements have adequate traffic rights for the routes in question.
(c) a party shall refuse to authorize sharing of codes defined in paragraph 3, subparagraph (a)) i), of this article on the grounds that the air carrier operating the aircraft does not have the right to carry traffic under the codes of other air carriers.
(d) the parties shall require all the air carriers participating in such code-sharing arrangements ensure that passengers are fully aware of the identity of the operator and the mode of transportation for each segment of the trip.
Groundhandling 4. Each part helps businesses of airline of the other party, when they operate on its territory: a) on the basis of reciprocity, to provide their own services Assistant in stopover on its territory, and at their convenience, to secure the services of groundhandling, partially or totally, by any officer authorised by its competent authorities to provide these services;
and (b)) to provide groundhandling services to other business airline operating in the same airport, where permitted and consistent with applicable legislation and regulations.
(5. the exercise of the rights set out in paragraph 4, subparagraphs a) and b) of the present article shall be subject only to physical or operational constraints resulting primarily from considerations of security or airport security. Coercion is applied evenly and conditions no less favorable than the most favorable conditions granted to another company of air transport of any country providing international air services similar to the time when the constraint is imposed.
Representatives of the air carriers 6. Each party allows: a) business airline of the other party, on the basis of reciprocity, to come and to stay on its territory their representatives and their own staff of business management, sales, technical and operating, and all other personnel specialized, necessary for the provision of their services;
(b) coverage of these needs in personnel, the choice of business airline of the other party, either by their own staff, is using the services of any other organization, company or airline operates on its territory and authorized to provide these services for other air transport companies; and c) to the air carriers of the other party to establish on its territory of the offices for the promotion and sale of air transportation and related services.
7. each part requires that representatives and staff of the air carriers of the other party are subject to its laws and regulatory provisions. Pursuant to these legislative and regulatory provisions: a) each Party shall accord as soon as possible, work permits, visas visitor or other similar documents to representatives and the personnel referred to in paragraph 6 of this article; and (b) each party facilitates and enables the approval of requests for work permits for personnel performing certain temporary assignments not exceeding ninety (90) days.
Sales, local spending and transfer of funds 8. Each part helps businesses of airline of the other party: has) to proceed with the sale of services of air transport on its territory directly or, at their convenience, through their agents and sell these services in the local currency or, at their discretion, in any freely convertible currency, any person is free to purchase these services in the currencies accepted by air transport companies said.
b) set local expenditures on its territory, particularly for the purchase of fuel in local currency or, at their discretion, in freely convertible currency; and (c) convert and transfer abroad, on request, the revenue obtained in the normal course of their activities. This conversion and transfer are allowed without limitations delay, at the rate of Exchange which have been established in the currency market for payments at the time the application of transfer is presented, nor they are subject to royalty, with the exception of the commissions normally charged by banks for such transactions.
Intermodal services 9. Each part helps the air carriers: has) operator of mixed services, through land or sea surface transport in connection with the air services. The air carriers may choose to entrust these transport carriers of surface through arrangements with or perform themselves;
b) operates freight services, use without restriction in relation to air services to all surface transportation land or sea for goods consigned 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 as appropriate, to transport goods under customs control in accordance with the legislation and regulations in force; to have access to the facilities and customs procedures of airports for goods transported by surface or by air; choose to make themselves their own surface transportation of goods, in accordance with the national laws and regulations governing such transport, or carry them through arrangements with other surface carriers, including surface transport performed by carriers airline of any other country; and c) operator intermodal services, to propose a single point to point price combined airline and surface, provided that passengers and shippers are not misled by the nature and the modalities of such transport.
Price 10. The parties allow the free price fixing by the air carriers on the basis of free and fair competition. None of the parties takes unilateral action against the establishment or continuance of a prize for an international transportation to destination or from its territory.
11. the parties do not impose the filing of the prices with the aeronautical authorities.
12. the parties allow the aeronautical authorities to discuss such issues as, inter alia, prices of a nature unjust, unreasonable or discriminatory.
Computerised reservation systems 13.
The parties shall apply their legislation and regulations relating to the operation of computerised reservation systems on their territory, on a fair and non-discriminatory basis.
Franchising and trade marks 14. Air transport of any companies can provide air services covered by this agreement, pursuant to a franchise or trademark agreement with corporations, including air transport, provided that the air transport company that provides air services has adequate traffic rights for the routes in question, that the conditions laid down by the national laws and regulations are met ,

and subject to the approval of the aeronautical authorities.
Rental of aircraft with crew 15.
For the purposes of the provision of air services under this agreement, transport companies air parties can use aircraft and crew provided by other undertakings of air transport, including other countries, provided that the air transport company that provides air services and operator of the aircraft participating in such an arrangement have the appropriate permissions , subject to the approval by the aeronautical authorities. For the purposes of this paragraph, the airline company that operates the aircraft is not required to have adequate traffic rights for the routes in question.
Charter / 16 non-scheduled flights. The provisions set out in articles 4 (investment), 5 (Application of laws and regulatory provisions), 6 (civil aviation safety), 7 (aviation security), 8 (customs duties, taxes and charges), 9 (statistics), 10 (interests of consumers), 11 (availability of airports and aeronautical services and infrastructure), 12 (fees imposed for the use of airports and aeronautical services and infrastructure), 13 (Sales Executive) , 14 (competitive environment), 15 ([ATM] air traffic management), 17 (Joint Committee) and 18 (environment) of this Agreement shall apply also to Charter flights and other flights not regular operated by air carriers of one of the parties to destination or departure from the territory of the other party.
17. when they receive an application for operation of Charter flights and other non-scheduled flights, the parties to issue as soon as possible the permissions and approvals requested to the air carrier concerned.
ARTICLE 14 competitive environment 1. The parties recognize that the creation of an environment of fair competition for the operation of air services constitutes a common objective. They recognize that practices of fair competition on the part of air transport companies were the most likely to take place if these air carriers operate on a fully commercial basis and do not benefit from public subsidies. They recognize that such aspects that, inter alia, the conditions of privatization of the air carriers, the removal of subsidies sources of distortion of competition, fair and non-discriminatory access to airport services and facilities and the computerised reservation systems are essential factors for the establishment of a fair competition environment.
2. If a party finds that there are conditions that have a negative impact on the maintenance of an environment of fair competition and the operation of air services covered by this agreement by its air carriers, on the territory of the other party, it may submit observations to the other party. It may also request a meeting of the Joint Committee. The parties acknowledge that the degree to which a grant or another intervention may compromise the objectives of the agreement related to the existence of a competitive environment is a legitimate subject for the Joint Committee.
3. issues that can be raised to the title of this article include injections of capital, cross-subsidies, grants, guarantees, property, reductions or exemptions from taxes, protection against bankruptcy or by any public entity insurance. Subject to paragraph 4 of this article, a party may, after warned the other party, apply to the public entities responsible for the territory of the other party, including at the level of the State, province, or local level, to discuss issues relating to this article.
4. the parties acknowledge the cooperation between their respective authorities responsible for competition, evidenced by the agreement between the Government of the Canada and the European communities regarding the application of their competition law, signed in Bonn on 17 June 1999.
5. If, following consultations within the Joint Committee, a party considers that the conditions referred to in paragraph 2 of this article persist and are likely to cause disadvantage or damage important for its air carriers, it can take action. A party may take measures in accordance with this subsection as of the first of the following dates: the establishment, by decision of the Joint Committee, of procedures and criteria for such action, or one year after the date from which the agreement is applied on a provisional basis by the parties or comes into force. Any measure taken pursuant to this paragraph is appropriate, proportionate and limited to the minimum strictly necessary with regard to its scope and its duration. It is exclusively intended the entity benefiting from the conditions referred to in paragraph 2 and shall not affect the right of any party to take action under article 21 (settlement of disputes).
ARTICLE 15 management of air traffic (ATM) the parties shall cooperate to process control of safety problems and policy issues relating to air traffic management, to optimize the overall effectiveness, reduce costs and improve the safety and capacity of existing systems. The parties shall encourage their providers of air navigation services to continue collaboration on interoperability to integrate more, insofar as possible, the systems of the two parties, to reduce the environmental impact of air transport and to share information as necessary.
ARTICLE 16 keeping of designations and authorizations 1. Any air transport enterprise of the Canada or a Member State holds a designation from its Government an agreement on air transport with Canada that is repealed by this agreement valid shall be deemed to be a specified for the operation of air services air transport business.
2. any air transport enterprise of the Canada or a Member State which, at the date of entry into force of this agreement, have a license or a valid authorization issued by the aeronautical authorities of a party for the operation of air services retains, pending the issuance of a licence or authorization new or amended in accordance with this agreement, all authorisations granted pursuant to such license or authorization; It is considered to have permission to operate air services in accordance with this agreement.
3. nothing in this section precludes an air transport enterprise of a party not referred to in paragraphs 1 or 2 of the present article is designated or authorized to operate air services.
ARTICLE 17 Joint Committee 1. The parties hereby establish a Committee composed of representatives of each of them (hereinafter referred to as 'the Joint Committee').
2. the Joint Committee determines the aeronautical authorities and other competent authorities in relation to the matters covered by this agreement and facilitates contacts between them.
3. the Joint Committee meets as needed and at least once a year. Each party may request the convening of a meeting.
4. each party may also request the convening of a meeting of the Joint Committee for consultations on any question relating to the interpretation or application of this agreement and seek to dispel any concerns raised by the other party. This meeting is held as soon as possible, and no later than two months after the date of receipt of the request, unless otherwise decided by the parties.
5. the Joint Committee shall adopt decisions in the cases expressly provided for by the agreement.
6. the Committee joint promotes cooperation between the parties and may consider any matter related to the operation or the implementation of this agreement, including: a) by examining the conditions of contracts which have an impact on the air services covered by this agreement;
(b) by exchanging information, including advice on changes in legislation and national policies that have an impact on the agreement;
(c) reviewing possible areas to be included in the agreement, including by recommending potential amendments of the latter;
d) recommending conditions, procedures and modifications to ensure that the new Member States become parties to this agreement; and (e)) by debating issues related to investment, the property and the control and confirming when the conditions for the gradual opening of traffic rights set out in annex 2 of the agreement are met.
7. the Joint Committee develops cooperation and promotes trade at the level of experts on new legislative or regulatory initiatives.
8. the Joint Committee adopted its rules of procedure by decision.
9. the Joint Committee shall decide on the basis of consensus.
SECTION 18 environment 1. The parties recognize the importance of protecting the environment in developing and implementing 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 impact of transport

air, provided that these measures are applied without distinction of nationality.
3. the parties recognize that the costs and benefits of measures to protect the environment must be carefully weighed in the context of the development of international aviation policy.
When a part examines a draft of measures to protect the environment, it should be that it evaluates potential negative effects on the exercise of rights provided for in this agreement and, if such measures are adopted, should take appropriate steps to mitigate these negative effects.
4. the parties recognize the importance of work, and within the framework of multilateral discussions, investigate the effects of air transport on the environment and the economy and to ensure that any mitigation of the environmental impact is fully compatible 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 appendices to the Convention are met, except in cases where differences from these standards have been notified.
6. the parties shall endeavour to consult on environmental issues, including on the measures that are likely to have a significant impact on international air services covered by this agreement, to adopt compatible approaches wherever possible. Consultations begin within 30 days following receipt of such a request or within any other period established by mutual consent.
ARTICLE 19 employment issues 1. The parties recognize that it is important to consider the effects of the agreement on labor, employment and working conditions.
2. either party may request a meeting of the Joint Committee established under article 17 to discuss employment issues referred to in paragraph 1 of this article.
ARTICLE 20 International Cooperation the parties may refer to the Joint Committee established under article 17 of issues: a) air transport and to international organizations;
(b) possible developments relations between the parties and other countries for air transport;
and (c) trends in bilateral or multilateral arrangements, as well as, wherever possible, proposals on the development of positions in these areas.
ARTICLE 21 settlement of disputes 1. If a dispute arises between the parties concerning the interpretation or application of this agreement, they firstly endeavour to resolve through official consultations within the Joint Committee. These formal consultations begin as soon as possible and, notwithstanding article 17, paragraph 4, within a period exceeding not 30 days from the date of receipt by one of the parties, by the written request which refers to this article submitted by the other party, unless parties.
2. If the dispute is not resolved within 60 days following receipt of the request for formal consultations, it may be submitted to a person or agency for decision by consent of the parties. In the absence of consent of the parties, the dispute is submitted at the request of one of the parties, to arbitration by an arbitral tribunal composed of three arbitrators, the procedure described below.
3. within 30 days following receipt of a request for arbitration, each party to the dispute shall appoint an independent arbitrator. The third arbitrator is appointed within a further period of 45 days by agreement between the two arbitrators appointed by the parties. If one of the parties does not name an arbitrator within the time limit or if the third arbitrator is not appointed 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 persons as appropriate. If the president is a national of one of the parties, in function the oldest vice-president who is a national of neither of the two parties shall this designation. In any case, the third arbitrator is a national of a third State, assumes the duties of president of the tribunal and determines the place where the arbitration takes place.
4. the tribunal shall adopt its rules of procedure and the related schedule.
5. at the request of a party, the Court may order the other party to the dispute to apply temporary corrective measures, pending its final decision.
6. the tribunal strives to make a written decision within 180 days following the receipt of the request for arbitration. The Court shall make its decisions by a majority of its members.
7. If the Court finds that there has been violation of this agreement and that the party responsible for this violation did not remedy or fails, within 30 days of notification of the decision of the tribunal, a mutually satisfactory solution with the other party to the dispute, it may suspend the application of equivalent benefits arising from this agreement , until the settlement of the dispute.
8. the costs incurred by the tribunal are shared equally between the parties to the dispute.
9. for the purposes of this article, the European Community and the Member States act jointly.
ARTICLE 22 amendment any amendment to this agreement may be stopped by mutual consent of the parties following consultations in accordance with article 17 (Committee) joint of this agreement. Amendments shall enter 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 shall enter into force one month after the date of the last diplomatic notes in which the parties confirm that all the procedures necessary to this end have been completed. For the purposes of this exchange of notes, the European Community and its States members shall designate the general secretariat of the Council of the European Union. The Canada presents to the general secretariat of the Council of the European Union the diplomatic notes intended for the European Community and its Member States and the general secretariat of the Council of the European Union presents the Canada the diplomatic notes of the European Community and its Member States. The diplomatic 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 1 of this article, the parties agree to provisionally apply this agreement in respect of the provisions of internal law of the parties as of the first day of the month following the date of the last of the notes by which the parties have mutually notified the completion of the internal procedures necessary for the provisional application of the agreement.
ARTICLE 24 denunciation either party may at any time notify in writing to the other party through the diplomatic channel, its decision to terminate this agreement. This notification is made simultaneously to the international civil aviation organization and the Secretariat of the United Nations. The agreement shall terminate one (1) year after the date of receipt of the notification by the other party, unless the notice of termination is withdrawn by mutual consent before the expiration of that time limit. In the absence of an acknowledgement on the part of the other party, the la notification notification is deemed to be received fourteen (14) days after the date of its receipt by the international civil aviation organization and the Secretariat of the United Nations.
ARTICLE 25 recording of the agreement the present agreement and any amendment thereto are registered with the Organization of international civil aviation and the Secretariat of the United Nations, in accordance with article 102 of the Charter of the United Nations, after their entry into force. The other party is informed of the recording as soon as it was confirmed by the secretariats of the United Nations and international civil aviation organization.
ARTICLE 26 Relations with other agreements 1. If the parties become parties to a multilateral agreement or apply a decision of the Organization of international civil aviation or any other international intergovernmental organization dealing with aspects covered by this agreement, they shall consult each other within the Joint Committee to determine to what extent the provisions of the multilateral agreement or decision have an impact on the agreement and if it must be revised in the light of this situation.
2. in the course of the period of provisional application laid down in article 23 (entry into force and provisional application), paragraph 2, of the agreement, the bilateral agreements listed in annex 3 to this agreement are suspended, except to the extent provided in annex 2 of this agreement. Upon its entry into force in accordance with article 23, paragraph 1, this agreement repeals the relevant provisions of the bilateral agreements listed in annex 3, except to the extent provided in annex 2.
IN witness whereof, the undersigned, duly authorized thereto, have signed this agreement.
DONE in duplicate at Brussels, December 17, two thousand and nine in languages 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 texts being equally authentic.

Annex 1 route 1 schedule. For the purposes of article 2, paragraph 1, subparagraph (c)), of this agreement, each party allows the air carriers of the other party provide transportation services on the routes specified below: a) to the air carriers of the Canada: points in deca - points to Canada - intermediate points - points in the Member States - points beyond b) for the air carriers of the European Community : points in deca - points in the Member States - intermediate points - points in the Canada - points beyond 2.
The air carriers of a party may, on one any or all of their flights and at their convenience: has) operate flights in one or the other direction or in both directions.
(b) combine numbers different flights for a same operation of aircraft;
(c) serve points in deca, intermediate points and beyond, and points on the territory of any party in any combination and in any order;
(d) omit stops at one or several points;
(e) transfer traffic from one any of their aircraft to one any of their other aircraft, without limit on changing the type or number of aircraft at any point;
(f) serve points below any point of the territory of the said party with or without change of aircraft or flight number, and offer and provide these services to the public as direct services;
(g) make stops along the way at any point located on the territory of one of the parties or outside;
(h) make transit traffic by intermediate points and points in the territory of the other party;
(i) combine, aboard the same aircraft, traffic regardless of the source; and (j) provide codeshare in accordance with article 13 (Sales Executive), paragraph 3, of this agreement, without direction or geographic limitation and without loss of any right to carry traffic authorized under this agreement.

Annex 2 ARRANGEMENTS relating to the availability of rights SECTION 1st property and control of air carriers of both parties 1. Notwithstanding article 4 (investment), detention in ownership of air transport undertakings of a part by nationals of the other parties shall be authorized on the basis of reciprocity, insofar as legislation and national regulations applicable to foreign investment Canada to the bosom of the air carriers allows.
((2. Notwithstanding article 3 (Designation, authorisation and revocation), paragraph 2, subparagraph c), and article 4 (investment) of the agreement, the following provisions apply in respect of property and control of airlift in place companies and of the provisions of article 3 (Designation, authorisation and revocation), paragraph 2, subparagraph (c)), until the legislative and regulatory provisions referred to in section 2 ((, paragraph 2, sub-paragraphs c) and (d)), of the annex impose other rules: "(...) in the case of an airline of the Canada company, a substantial part of the ownership and effective control of the air transport company are in the hands of nationals of the Canada, the air transport company is licensed as an airline of the Canada and its principal place of business is located in Canada; in the case of a transport company air 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, the Iceland, the Liechtenstein, the Norway or the Switzerland, the air transport company is holder of a licence of the Community air transport company and its principal place of business is located in a Member State. "."
SECTION 2 progressive availability of traffic rights 1. When the exercise of traffic rights provided for in paragraph 2 of this section, the air carriers parties benefit from the flexibility of operation permitted by Annex 1, paragraph 2.
2. Notwithstanding the traffic rights provided for in annex 1 of this agreement: was) when the national laws and regulations of both parties permit nationals of the other party to hold property and control up to 25% of the shares with voting rights of their air carriers, the following fees apply: i) in the case of joint services and all-cargo services for transportation companies air of Canada, the right to provide international transport between any point of the Canada and any point of the Member States; for the air carriers from the community, the right to provide air services between any point of the Member States and any point of the Canada. In addition, in the case of joint services and all-cargo services, for air transport of some companies, the right to provide international transport to destination and departure points in third countries via any point of the territory of that party, with or without change of aircraft or flight number and offer and present these services to the public as direct services ((ii) in the case of all-cargo services, for the 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 the territory of the other party points, iii) in the case of joint services and all-cargo services , for transport of the two air companies parties, the operating rights that are provided for in bilateral agreements on air transport concluded between the Canada and the Member States listed in annex 3, section 1, and the operating rights contained in the settings that were applied between the Canada and the various Member States, as specified in annex 3 section 2. For the fifth freedom rights for respect of points beyond specified in this paragraph, all other geographical limitations, limitations on the number of points and limitations in the form of frequency specification no longer apply, and iv) for more than security, the rights mentioned in paragraphs) i and ii) above are available when there is no agreement or bilateral arrangement at the date of the provisional or the effective date application of This agreement, or where the rights in an agreement that were available immediately before the provisional application or entry into force of this agreement are not as liberal as those mentioned in paragraphs) i and ii) above;
((b) when the national laws and regulations of both parties permit nationals of the other party to hold property and control up to 49% of the shares with voting rights of their air carriers, the following fees apply in addition to those provided for in paragraph 2, sub-paragraph a): i) in the case of joint services for airline of both companies , fifth freedom rights are available at any point intermediate and, for transportation companies air of Canada, between any point located in a State Member and any point located in another Member State, provided that the service includes a point at the Canada if it is a company of the Canada, or understands a point in a Member State if it is a Community Enterprise ((, ii) in the case of joint services for the air carriers of the Canada, fifth freedom rights are available between any point or points in a Member State and any point located at the Morocco, Switzerland, in the European economic area or in other countries members of the airspace common European, and iii) in the case of all-cargo services, for air transport of some companies the right to provide, without obligation to serve a point in the territory of that party, international transport between points in the territory of the other party and points in third countries;
((c) when the national laws and regulations of both parties permit nationals of the other party to establish a business of air transport on their territory to provide domestic and international air services in accordance with article 17 (Joint Committee), paragraph 5, paragraph 6, subparagraph (e)), and paragraph 9 of this agreement, the following fees apply in addition to those provided for in paragraph 2 (((, sub-paragraphs a) and b): i) in the case of joint services, for air transport companies of both parties, the fifth freedom rights are available at destination any point beyond without limitation of frequency;
((d) when the national laws and regulations of both parties permit nationals of either party hold full ownership and control of their air carriers, and that both parties allow the full implementation of annex 1, in accordance with article 17 (Joint Committee), paragraph 5, paragraph 6, subparagraph (e)), and paragraph 9 of this agreement, and upon receipt of a given confirmation

by the parties according to their respective procedures, the provisions of annex 2 above no longer apply and annex 1 takes effect.

Annex 3 agreements bilateral between the CANADA and the States members of the Community European SECTION 1 in accordance with the provisions of article 26 of this agreement, bilateral agreements between the Canada and the Member States shall be suspended or superseded by this agreement: a) Republic of Austria: agreement on air transport between the Government of the Canada and the Government of Austria signed on June 22, 1993;
b) Kingdom of Belgium: the air transport agreement between the Government of the Canada and the Government of the Belgium, signed on 13 May 1986;
c) Czech Republic: agreement between the Government of the Canada and the Government of the Czech Republic on air transport signed on March 13, 1996. Exchange of notes constituting an agreement amending the agreement between the Government of the Canada and the Government of the Czech Republic on air transport, signed in Prague on 13 March 1996, signed respectively on April 28, 2004 and June 28, 2004;
d) Kingdom of Denmark: agreement between the Canada and the Denmark concerning air services between the two countries, signed on December 13, 1949. Exchange of notes between the Canada and Denmark relatively to the air agreement signed between the two countries in Ottawa on 13 December 1949, signed December 13, 1949. Exchange of notes between the Canada and Denmark amending the agreement of 1949, and relating to air services, signed on May 16, 1958.
e) Republic of Finland: agreement between the Government of the Canada and the Government of Finland for air services between their respective territories and beyond, signed on 28 May 1990. Exchange of notes constituting an agreement amending the agreement between the Government of the Canada and the Government of Finland for air services between their respective and beyond territories signed in Helsinki on 28 May 1990, signed September 1, 1999.
f) French Republic: agreement between the Government of the Canada and the Government of the French Republic on air transport, signed on June 15, 1976. Exchange of notes between the Government of the Canada and the Government of the French Republic amending the agreement relating to air transport signed at Paris on June 15, 1976, signed December 21, 1982;
g) Federal Republic of Germany: Agreement relating to air transport between the Government of the Canada and the Government of the Federal Republic of Germany, signed on March 26, 1973. Exchange of notes between the Government of the Canada and the Government of the Federal Republic of Germany amending the agreement relating to air transport signed at Ottawa on March 26, 1973, signed respectively on December 16, 1982 and January 20, 1983;
h) Hellenic Republic: Agreement relating to air transport between the Government of the Canada and the Government of the Hellenic Republic, signed on August 20, 1984. Exchange of notes constituting an agreement between the Government of the Canada and the Government of the Hellenic Republic amending the agreement on air transport, done at Toronto on August 20, 1984, signed respectively on 23 June 1995 and July 19, 1995;
i) Republic of Hungary: air transport agreement between the Government of the Canada and the Government of the Republic of Hungary, signed on 7 December 1998;
j) Ireland: agreement between the Government of the Canada and the Government of the Ireland air services between the two countries, signed on August 8, 1947. Exchange of notes (19 April and 31 May 1948) constituting an agreement amending the annex to the agreement relating to air transport between the Canada and Ireland, signed on 31 May 1948. Exchange of notes between the Canada and the Ireland constituting an agreement amending the annex to the agreement on air services signed on August 8, 1947, signed July 9, 1951. Exchange of notes between the Canada and the Ireland amending the agreement of August 8, 1947 on services between the two countries, signed on 23 December 1957;
k) Italian Republic: agreement between the Canada and the Italy relating to air services, signed on February 2, 1960.
Exchange of notes between the Government of the Canada and the Government of the Republic of Italy constituting an agreement amending the agreement on air services under the provisions of the Protocol of April 28, 1972, signed August 28, 1972;
l) Kingdom of the Netherlands: agreement between the Government of the 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 the Canada and the Government of the Kingdom of Netherlands, constituting an agreement relating to the operation of non-scheduled (Charter) flights, signed on June 2, 1989;
m) Republic of Poland: agreement between the Government of the Canada and the Government of the people's Republic of Poland on air transport, signed on May 14, 1976. Exchange of notes constituting an agreement between the Government of the Canada and the Government of the people's Republic of Poland in articles IX, XI, XIII and XV to the agreement on air transport signed on May 14, 1976, signed on the same date;
n) Portuguese Republic: agreement between the Government of the Canada and the Government of the Portugal relating to air services between the Canadian and Portuguese territories, signed on April 25, 1947. Exchange of notes (24 and 30 April 1957) between the Canada and the Portugal amending paragraphs 3 and 4 of the annex to the agreement on services between the two countries made in Lisbon on 25 April 1947, signed respectively on 24-30 April 1957. Exchange of notes between the Canada and the Portugal amending paragraph 7 of the annex to the agreement on air services between the two countries, signed respectively 5 and 31 March 1958;
o) Romania: agreement on air transport between the Government of the Canada and the Government of the Socialist Republic of Romania signed on October 27, 1983;
p) Kingdom of Spain: agreement on air transport between the Government of the Canada and the Government of the Spain, signed on September 15, 1988;
q) Kingdom of Sweden: agreement between the Canada and the Sweden concerning air services between the Canadian and Swedish territories, signed June 27, 1947. Exchange of notes between the Canada and the Sweden supplementing the agreement on services between the territories of the Canada and the Sweden, signed respectively on 27 and 28 June 1947. Exchange of notes between the Canada and Sweden amending the 1947 Agreement for air services, signed on May 16, 1958.
r) United Kingdom of Great Britain and Northern Ireland: agreement on air services between the Government of the 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 Schedule 2, section 2, the following rights are available in accordance with paragraph 2 (a)) iii): part 1: for transport undertakings Air Canada in conjunction with the operation of mixed services between the Canada and the various Member States, and the operation of all-cargo services, the Canada air transport companies have the following rights : Lidstaat Verkeersrechten Member State traffic rights Bulgarije Rechten van vijfde vrijheid zijn beschikbaar op twee nader te noemen punten die als tussenliggende punten op weg naar Sofia en / of verder dan Sofia gelegen punten mogen worden bediend. Bulgaria's fifth freedom rights are available at two points to designate which can be served as intermediate points destination beyond Sofia or Sofia.
Tsjechië Canada mag hoogstens vier tussenliggende punten op weg naar Praag of verder dan Praag gelegen punten kiezen waarvoor rechten van vijfde vrijheid gelden, een extra punt in Tsjechië. Czech Republic on fifth freedom rights are available to four points up to be selected by Canada, which may be served as intermediate points to Prague or beyond, and an extra point in the Czech Republic.
Denmark Rechten van vijfde zijn beschikbaar Kopenhagen tussen vrijheid en: has) Amsterdam in Helsinki; of b) Amsterdam in Moskou.
Amsterdam mag worden als tussenliggend punt of als verder gelegen punt bediend. Helsinki in Moskou moeten worden als verder gelegen punten bediend. Denmark's fifth freedom rights are available between Copenhagen and: has) Amsterdam and Helsinki; or b) Amsterdam and Moscow.
Amsterdam can be served as intermediate point or points beyond. Helsinki and Moscow must be served as points beyond.
Duitsland Verkeersrechten van de vijfde vrijheid mogen worden uitgeoefend tussen tussenliggende punten in Europa in punten in of Bondsrepubliek Duitsland in tussen punten in of Bondsrepubliek Duitsland verder gelegen punten. Germany's fifth freedom traffic rights may be exercised between intermediate in Europe points and points in the Federal Republic of Germany and between points in the Federal Republic of Germany and points beyond.
Griekenland Rechten van vrijheid zijn beschikbaar op tussenliggende punten op weg naar Athene vijfde en / of verder dan Athene gelegen op twee punten extra punten in Griekenland, Petit punten in Turkije in Israel. Het total aantal punten in verder gelegen punten die tussenliggende puts rechten van vijfde vrijheid mogen worden bediend, mag op geen enkel ogenblik hoger zijn dan vijf, waarvan hoogstens vier tussenliggende punten. Greece's fifth freedom rights are available at intermediate points destination in Athens and/or beyond Athens and two extra points in Greece, to the exclusion of points in Turkey and Israel.

The total number of intermediate points and points beyond that can be served at any time in respect of the fifth freedom rights may not exceed five, of which four can maximally be intermediate points.
Ierland Rechten van vijfde vrijheid zijn beschikbaar tussen in punten Ierland in tussenliggende punten, tussen in punten Ierland in verder gelegen punten.
Met betrekking tot goederendiensten deze voor het verlenen van rechten gelden international vervoersdiensten tussen in punten Ierland in punten in derde landen, verplichting een punt in Canada zonder te bedienen.
Ireland's fifth freedom rights are available between points in Ireland and intermediate points and between points in Ireland and points beyond the Ireland. For all-cargo services, available rights allow the delivery of international transportation between points in Ireland and points in third countries without the requirement to serve a point in the Canada.
Italy Verkeersrechten van vijfde vrijheid zijn beschikbaar tussen twee tussenliggende punten in Europa in Rome en / of Milaan. Tussenliggende punten met rechten vijfde vrijheid mogen worden bediend verder gelegen punten als ook van. Italy's fifth freedom traffic rights are available between two intermediate points in Europe and Rome or Milan. Intermediate points for which are fifth freedom rights may also be served as points beyond.
Polen Rechten van vijfde vrijheid zijn beschikbaar tussen Warschau in twee tussenliggende punten in Europa, die door Canada mogen worden chosen de volgende lijst: Brussel, Kopenhagen, Praag, Shannon, Stockholm, Vienna, Zurich. Poland's fifth freedom rights are available between Warsaw and two intermediate points in Europe to be selected by Canada of the following cities: Brussels, Copenhagen, Prague, Shannon, Stockholm, Vienna, Zurich.
Portugal Rechten van vijfde vrijheid zijn beschikbaar tussen punten in Portugal in tussenliggende punten, tussen punten in Portugal in verder gelegen punten. Portugal's fifth freedom rights are available between points in the Portugal and intermediate points and between points in the Portugal and points beyond.
Spanje vijfde vrijheid van Rechten met betrekking tot tussenliggende in verder gelegen punten zijn beschikbaar: has) tussen Madrid in drie extra punten in Spanje, in punten in Europa (Petit München, Denmark, Zweden, Norge, Italy in of republieken van voormalige USSR); b) Madrid tussen een ander in punt Spanje in punten in Afrika in het Midden-Oosten, zoals door of ICAO gedefinieerd in document 9060-AT/723.
Op geen enkel ogenblik mogen meer dan vier rechten van vijfde vrijheid worden uitgeoefend. Spain's fifth freedom at intermediate points and points beyond rights are available: a) between Madrid and three additional points in Spain and points in Europe (except Munich, Denmark, Sweden, Norway, the Italy and the republics of the former USSR); and b) between Madrid and another points in Spain and points in Africa and the Middle East, as defined by ICAO in document 9060-AT/723.
A maximum of four fifth freedom rights may be exercised at any given time.
Zweden Rechten van vijfde zijn beschikbaar Stockholm tussen vrijheid en: has) Amsterdam in Helsinki;
of b) Amsterdam in Moskou.
Amsterdam mag worden als tussenliggend punt of als verder gelegen punt bediend. Helsinki in Moskou moeten worden als verder gelegen punten bediend. Sweden's fifth freedom rights are available between Stockholm and: has) Amsterdam and Helsinki; or b) Amsterdam and Moscow.
Amsterdam can be served as intermediate point or points beyond. Helsinki and Moscow must be served as points beyond.
Verenigd Koninkrijk Rechten vijfde vrijheid zijn beschikbaar tussen punten van het Verenigd Koninkrijk in tussenliggende punten, punten tussen het Verenigd Koninkrijk in verder gelegen punten. Met betrekking tot goederendiensten deze voor het verlenen van rechten gelden international vervoersdiensten tussen punten in het Verenigd Koninkrijk in punten in derde landen, verplichting een punt in Canada zonder te bedienen. United Kingdom of fifth freedom rights are available between points in the United Kingdom and intermediate points and between points in the United Kingdom and points beyond. For all-cargo services, available rights allow the provision of international services between points in the United Kingdom and points in third countries without the requirement to serve a point in the Canada.

Part 2: for transportation companies air of the European Community in conjunction with the operation of mixed services between the Member States and the Canada, and operation of all-cargo services, the air carriers of the community have the following rights: Lidstaat Verkeersrechten Member State traffic rights België Verkeersrechten van de vijfde tussen vrijheid Montreal in twee verder gelegen punten in of Verenigde Staten van Amerika , ten oosten van in Chicago in ten noorden van in in Washington D.C. fifth freedom traffic rights Belgium are available between Montréal and two points beyond in the United States, located east of Chicago, it included, and to the North of Washington DC, it included.
Bulgarije Rechten van de vijfde vrijheid mogen worden uitgeoefend op een verder gelegen punt in of Verenigde Staten van Amerika, ten oosten van maar niet in Chicago in ten noorden van in of Washington D.C. In het geval van co-terminalisering Montreal Ottawa, zijn geen rechten van vijfde vrijheid beschikbaar van. Op tussenliggende punten zijn geen rechten van vijfde vrijheid beschikbaar. Bulgaria's fifth freedom rights may be exercised at a point beyond the United States of America, to the East of Chicago, it excluded, and North of Washington DC, it included. No fifth freedom rights is available if Montreal and Ottawa are co-terminaux points. No fifth freedom rights at intermediate points are unavailable.
Tsjechië Rechten van de vijfde tussen vrijheid Montreal in twee verder gelegen punten in of Verenigde Staten van Amerika, ten noorden van in in Washington D.C. in ten oosten van in Chicago. Czech Republic's fifth freedom rights are available between Montréal and two points beyond the United States of America, located north of Washington DC, it included and East of Chicago, it included.
Denmark Rechten van de vijfde zijn beschikbaar tussen vrijheid Montreal in Chicago tussen Montreal in Seattle. Chicago mag worden als tussenliggend punt of als verder gelegen punt bediend. Seattle mag alleen als verder gelegen punt worden bediend. Denmark's fifth freedom rights are available between Montréal and Chicago and between Montreal and Seattle. Chicago can be served as intermediate point or points beyond. Seattle cannot be served as points beyond.
Duitsland Verkeersrechten Montreal vijfde zijn SAA beschikbaar tussen vrijheid van een verder gelegen punt in Florida. Bij wijze van alternatief zijn verkeersrechten van de vijfde beschikbaar tussen vrijheid Montreal in twee verder gelegen punten in of continental Verenigde Staten van Amerika, exclusief punten staten in California, Colorado, Florida, Georgia, Oregon, Texas in Washington. Germany's fifth freedom rights are available only between Montreal and a point beyond Florida. As an alternative, fifth freedom rights are available between Montréal and two points beyond the continental territory of the United States of America, excluding points in the States of California, Colorado, Florida, Georgia, Oregon, Texas and Washington.
Griekenland Verkeersrechten Montreal vijfde zijn beschikbaar tussen vrijheid van in Boston of tussen Montreal in Chicago, of verder gelegen dan Toronto naar een Helleense Republiek door te bepalen punt in Verenigde Staten van Amerika, met uitzondering van punten in California, Texas in Florida. Greece's fifth freedom rights are available between Montreal and Boston or between Montreal and Chicago or beyond Toronto to a point in the United States of America to designate by the Hellenic Republic, with the exception of points in California, Texas and Florida.
Ierland Rechten van vijfde vrijheid zijn beschikbaar tussen punten in Canada in tussenliggende punten, tussen punten in Canada in verder gelegen punten. Met betrekking tot goederendiensten deze voor het verlenen van rechten gelden international vervoersdiensten tussen punten in Canada in punten in derde landen, verplichting een punt in Ierland zonder te bedienen. Ireland's fifth freedom rights are available between points in the Canada and intermediate points and between points in the Canada and points beyond the Canada. For all-cargo services, available rights allow the provision of international services between points in the Canada and points in third countries without the requirement to serve a point in Ireland.
Italy Rechten vijfde vrijheid zijn beschikbaar tussen twee tussenliggende punten van het noordoosten van Verenigde Staten van Amerika (ten noorden van in Washington; ten oosten van in Chicago) in Montreal in / of Toronto. Tussenliggende punten met rechten vijfde vrijheid mogen worden bediend verder gelegen punten als ook van. Italy

Fifth freedom rights are available between two intermediate points to the northeast of the United States of America (North of Washington DC, it included and East of Chicago, it included) and Montréal and/or Toronto. Intermediate points for which are fifth freedom rights may also be served as points beyond.
Polen Rechten van de vijfde zijn beschikbaar tussen vrijheid Montreal in New York, als tussenliggend of verder gelegen punt. Poland's fifth freedom rights are available between Montréal and New York as intermediate points or points beyond.
Portugal Verkeersrechten van vijfde vrijheid zijn beschikbaar tussen punten in Canada in tussenliggende punten, tussen punten in Canada in verder gelegen punten.
Portugal's fifth freedom traffic rights are available between points in the Canada and intermediate points and between points in the Canada and points beyond.
Spanje vijfde vrijheid van Rechten met betrekking tot tussenliggende in verder gelegen punten zijn beschikbaar: has) Montreal tussen drie in extra punten in Canada, Chicago, Boston, Philadelphia, Baltimore, Atlanta, Dallas/Ft. Worth in Houston; b) Montreal tussen in Mexico City.
Op geen enkel ogenblik mogen meer dan vier rechten van vijfde vrijheid worden uitgeoefend. Spain's fifth freedom at intermediate points and points beyond rights are available: a) between Montreal and three extra points in the Canada, and Chicago, Boston, Philadelphia, Baltimore, Atlanta, Dallas/Fort Worth and Houston. and b) between Montréal and Mexico City.
A maximum of four fifth freedom rights may be exercised at any given time.
Zweden Rechten van de vijfde zijn beschikbaar tussen vrijheid Montreal in Chicago tussen Montreal in Seattle. Chicago mag worden als tussenliggend punt of als verder gelegen punt bediend. Seattle mag alleen als verder gelegen punt worden bediend. Sweden's fifth freedom rights are available between Montréal and Chicago and between Montreal and Seattle. Chicago can be served as intermediate point or points beyond. Seattle cannot be served as points beyond.
Verenigd Koninkrijk Rechten van vijfde vrijheid zijn beschikbaar tussen punten in Canada in tussenliggende punten, tussen punten in Canada in verder gelegen punten. Met betrekking tot goederendiensten deze voor het verlenen van rechten gelden international vervoersdiensten tussen punten in Canada in punten in derde landen, verplichting een punt zonder het Verenigd Koninkrijk te bedienen. United Kingdom of fifth freedom rights are available between points in the Canada and intermediate points and between points in the Canada and points beyond the Canada. For all-cargo services, available rights allow the provision of international services between points in the Canada and points in third countries without the requirement to serve a point to the United Kingdom.

SECTION 3 Notwithstanding section 1 of this schedule, in relation to areas that are not included in the definition of "territory" in article 1 of this agreement, the agreements mentioned in sub-paragraphs d) Kingdom of Denmark, f) French Republic, l) Kingdom of the Netherlands and r) United Kingdom of Great Britain and Northern Ireland shall continue to apply in accordance with their provisions.

Agreement on air transport between the European Community and its Member States and the Canada, done at Brussels on December 17, 2009 States/organizations Date Authentication Type of consent Date consent entry force local Germany 2009-12-17 Notification 17/12/2013 Austria 2009-12-17 notice 20/06/2014 Belgium 2009-12-17 Notification 12 / 06 / 2014 Bulgaria 17 / 12 / 2009 Notification CANADA 18 / 12 / 2009 Notification 14 / 05 / 2014 Cyprus 17 / 12 / 2009 Notification 22 / 01 / 2014
Denmark 2009-12-17 Notification 22 2011 11 Spain 12/17/2009 Notification, 05-16-2011 Estonia 2009-12-17 Notification 2011-05-12 Finland 2009-12-17 Notification FRANCE 2009-12-17 Notification 28/01/2013 Greece 2009-12-17 Notification Hungary 2009-12-17 Notification 2010-03-18 Ireland 12/17/2009 Notification Italy 2009-12-17 Notification 21/05/2012 Latvia 12/17/2009 Notification 30/05/2011 Lithuania 17/12/2009 Notification LUXEMBOURG 12-17-2009
Notification Malta 2009-12-17 Notification 31/01/2014 Netherlands 12/17/2009 notice 09/03/2011 Poland 2009-12-17 Notice 08-25-2011 PORTUGAL 2009-12-17 notice 20/01/2012 Romania 2009-12-17 notice 20/01/2014 United Kingdom 12/17/2009 Notification 15/06/2012 Slovakia 2009-12-17 Notification Slovenia 2009-12-17 Notification 27/01/2012 Sweden 2009-12-17 Notification 28/05/2010 Czech REP. 2009-12-17 notification EU 2009-12-17 Notification statements the parties take note of the following declarations: Declaration of the European Community and its Member States on the EU-Canada agreement on air services, done at the time of the signing "in relation to article 26, paragraph 2, of the European Community and its States Members confirm that predict that"the bilateral agreements listed in annex 2"returns to indicate that the relevant provisions of the agreement prevail over the" relevant provisions of the bilateral agreements listed in annex 3".
Declaration of the European Community and its Member States on the EU-Canada agreement on air services, done at the time of the signing "the European Community and its Member States shall specify 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 article 8 thereof, does not exemption from the tax on the value added (VAT) with the exception of tax on turnover to import, in does not prevent the Member States taxing kerosene consumed for domestic or intra-Community, flights in accordance with Directive 2003/96/EC of the Council.