Posted the: 2013-09-11 Numac: 2013015088 FEDERAL PUBLIC SERVICE Foreign Affairs, trade outside and 25 February 2013 development COOPERATION. -Law concerning consent to the air transport agreement between the European Community and its Member States, of one part, and the United States of America, on the other hand, made in Brussels on 25 April 2007 and in Washington April 30, 2007 (1) (2) ALBERT II, 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.
2. the air transport agreement between the European Community and its Member States, of one part, and the United States of America, of the other part, done at Brussels on 25 April 2007 and in Washington on April 30, 2007, will release its full and complete effect.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given at Brussels, 25 February 2013.
ALBERT 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, Mr. WATHELET Vu and sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Notes (1) Session 2011 - 2012 and 2012-2013.
Documents: Bill filed July 11, 2012, no. 5 - 1707/1.
Report on behalf of the Committee, no. 5-1707/2.
Parliamentary Annals: Discussion, meeting of November 8, 2012.
Vote, meeting of November 8, 2012.
Documents: Draft transmitted by the Senate, no. 53-2491/1.
Report on behalf of the Committee, no. 53-2491/2.
Text adopted in plenary meeting and submitted to the Royal assent, no 53-2491/3.
Parliamentary Annals: Discussion, meeting of December 19, 2012.
Vote, meeting of December 20, 2012.
(2) see Decree of the Flemish Region's April 30, 2009 (Moniteur belge of 22 June 2009), Decree of the Walloon Region from July 10, 2013 (Moniteur belge of 31 July 2013), order of the Region of Brussels - capital of December 21, 2012 (Moniteur belge of 8 February 2013 - ed. 2).
AGREEMENT of TRANSPORT air the United States of America (hereinafter referred to as 'the United States'), 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 Republic, 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, parties 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, desiring to promote an international air transport system based on competition between air carriers, on a market subject to a minimum of intervention and State regulation;
Desiring to facilitate the development of international air transport, including through the development of networks of air services meet the needs of passengers and shippers of adequate services;
Desiring to allow airlines to offer passengers and shippers rates and competitive services on open markets;
Desiring to enjoy all the area of air transport, including the staff of air carriers, the benefits of a liberalization agreement;
Desiring to ensure the highest level of security and safety in international air transport, and reaffirming their deep concern over acts and threats directed against the safety of aircraft, which endanger the safety of persons and property, adversely affect the operation of air services, and undermine the public confidence in the safety of civil aviation;
Noting the Convention on international civil aviation, opened for signature at Chicago on 7 December 1944;
Recognizing that State aid can distort competition between air carriers and compromise the achievement of the fundamental objectives of this agreement;
Stressing the importance of protecting the environment in developing and implementing international aviation policy;
Stressing the importance of protecting consumers, within the meaning of the Convention for the unification of certain rules relating to international carriage by air, signed at Montreal on 28 May 1999;
INTENDING to rely on existing agreements to open markets and maximize the benefits for consumers, airlines, staff and the populations on both sides of the Atlantic;
Recognizing the importance of improving their air carriers access to global capital markets to enhance competition and promote the objectives of this agreement;
INTENDING to create a precedent of global reach to fully exploit the benefits of liberalization in this vital economic sector;
HAVE agreed as follows: ARTICLE 1 Definitions for the purposes of this agreement, unless otherwise specified, means: 1. the term 'agreement': the present agreement and its annexes and Appendix, including any amendments thereto;
2. the expression 'air service': the carriage by aircraft of passengers, baggage, cargo and mail, separately or jointly, proposed to the public for remuneration;
3. the term 'Convention': the Convention on international civil aviation, opened for signature at Chicago on 7 December 1944, and includes: a) any applicable amendment entered into force in accordance with article 94, point a), of the Convention, and ratified by the United States, on the one hand and the Member State or States concerned Member (s), on the other hand, and b) any annex , or any amendment to an applicable annex, adopted (e) under article 90 of the Convention, to the extent where the annex or the amendment shall apply at any time both in the United States and the Member State or Member States concerned (s);
4. the expression "cost of full costing»: costs related to the provision of the service, plus a reasonable amount for administrative overhead;
5. the term "international air service": an air service which passes through the airspace above the territory of more than one State;
6. the term "party": either the United States or the European Community and its States members;
7. the term "rates": rates, prices or charges applied by air carriers or their agents for the carriage by aircraft of passengers, baggage and/or goods (excluding mail), including, where appropriate, surface bound international air service, transportation, as well as the conditions governing availability such tariffs, prices or fees;
8. the term "non-commercial stop": a landing made for one purpose other than the embarking or disembarking of passengers, baggage, cargo and/or mail in air transportation;
9. the term "territory": in the case of the United States, the land areas (Mainland and Islands), as well as inland waters and territorial waters which are under their sovereignty or jurisdiction, and, in the case of the European Community and its Member States, the land areas (Mainland and Islands), as well as inland waters and territorial waters covered by the Treaty establishing the European Community in accordance with the provisions laid down by the latter and any agreement that succeeds him; 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. and 10. The term "charge": a fee imposed on air carriers for the use of facilities and airport services, environment related to airports, air navigation or safety of aviation, including the related facilities and services.
ARTICLE 2 possibility of fair and equal competition each party offers the airlines of both parties the opportunity to engage in a fair and equal competition for the provision of international air transportation governed by this agreement.
ARTICLE 3 grant of rights 1.
Each party grants to the other party the rights below, for the operation of international air services by 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) the right to operate international air services between points on the following routes: i) in the case of the United States carriers (hereinafter referred to as "carriers of the United States
«): from points behind the United States via the United States and intermediate points to any point or points of one or more Member States and beyond; for services all-cargo, between any Member State and any point or points (including in any other Member State);
(ii) in the case of carriers of the European Community and its Member States (hereinafter referred to as the "Community carriers"): from points within the Member States, via the Member States and intermediate points to any point or points in the United States and beyond; for services all-cargo between the United States and any point or points; for joint services, between any point or all points in the United States and any point or points from any European common aviation area (hereinafter referred to as "ECAA") on the date of signature of this agreement; and (d) other rights specified in this agreement.
2. each airline may on any or all flights and at its option: has) operate flights in one or the other direction or in both directions.
(b) combine different flights on a same aircraft numbers;
(c) serve the points in caed, the intermediate points and beyond, and points on the territory of the parties, in any combination and in any order;
(d) omit stops at one or several points;
(e) transfer traffic from one any of its aircraft to one any of its other aircraft at any point;
(f) serve points below any point in its territory with or without change of aircraft or flight number, and provide these services to the public as a 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 through the territory of the other party; and i) combine on the same aircraft traffic regardless of the source;
without limitation of direction or geographical order and without loss of any right to carry traffic authorized under this agreement.
3. the provisions of paragraph 1 of this article shall apply subject that: a) in the case of the United States carriers, with the exception of all-cargo services, the transportation is part of a service serving the United States, and b) in the case of Community carriers, with the exception i) all-cargo services ii) mixed services between the United States and any member of the ECAA to the date of signing of this agreement the transportation is part of a service serving a Member State.
4. each party allows each carrier to define the frequency and capacity of the international air services they wish to offer on the basis of commercial considerations in the market. Under that law, none of the two parties unilaterally limit the volume of traffic, frequency or regularity of service, or types of aircraft operated by the airlines of the other party nor does it require the filing of their programmes of regular or Charter flights or operating plans, except for customs, technical reasons on their part operating or environment (in application of article 15), and this in uniform conditions in accordance with the provisions of article 15 of the Convention.
5. any air carrier operating an international air service is free to change, at any point, the type or the number of aircraft it uses, provided that a) in the case of the United States carriers, with the exception of services all-cargo, transport is part of a service serving the United States, and b) in the case of Community carriers, with the exception i) all-cargo services ii) of joint services between the United States and a member of the ECAA to date the signing of this agreement, the transportation is part of a service serving a Member State.
6. no provision of this Agreement shall be construed as conferring: has) carriers from the United States, the right to embark, on the territory of a Member State, for consideration, of passengers, baggage, goods or mail destined for another point in the territory of that Member State;
(b) for Community air carriers, the right to take on board, in the territory United States, against payment, passengers, baggage, goods or mail destined for another territory United States point.
7. access for Community carriers to transport services purchased by the Government of the United States is governed by Schedule 3.
ARTICLE 4 authorization on receipt of applications submitted by an air carrier of one of the parties, in the manner prescribed for operating authorizations and technical approvals, the other party grant as soon as possible the authorisations and amenities appropriate, provided that: a) in the case of an air carrier of the United States, a substantial part of the property and the effective control of that airline are in the hands of the United States nationals of the United States, or both at the same time, and that the carrier is licensed air carrier of the United States and has its main establishment on the territory of the United States;
(b) in the case of a community carrier, a substantial part of the ownership and effective control of that airline are in the hands of one or more Member States, nationals of the Member States, or both at the same time, and that the carrier either a Community air carrier licensed and has its main establishment on the territory of the European Community;
(c) the air carrier is able to meet the conditions laid down by the legislative and regulatory provisions normally applied in the operation of international air transportation by the party considering the application;
and (d) the provisions of article 8 (security) and article 9 (security) are maintained in force and applied.
SECTION 5 Revocation of an operating authority 1.
Each party reserves the right to revoke, suspend or limit the authorisation of exploitation or technical approvals, or to suspend or otherwise limit activities of an airline of the other party when: a) in the case of a carrier from the United States, a substantial part of the ownership and effective control of the air carrier are not in the hands of the United States of nationals of the United States, or both at the same time, or when the carrier is not licensed by air carrier of the United States or have its principal place of business in the territory of the United States;
(b) in the case of a community carrier, a substantial part of the property and effective control of that airline are not in the hands of one or more Member States, by nationals of the Member States, or both at the same time, or when the carrier is not the holder of a Community air carrier licence or has not its principal establishment in the territory of the Community European; or c) the air carrier has violated laws and regulatory provisions referred to in article 7 (compliance with legislative and regulatory provisions) of this agreement.
2. unless it is essential to take immediate steps to prevent fresh infringements to the provisions of paragraph 1, item c), of this article, the rights established by this article are exercised only after consultation with the other party.
3. This section does not restrict the rights of each party to deny, revoke, limit or impose conditions on the operating authorization or technical approval of one or several air carriers of the other party in accordance with the provisions of article 8 (security) or article 9 (security).
ARTICLE 6 supplementary Questions in relation to the property, investment and control notwithstanding any other provision of this agreement, the parties shall implement the provisions laid down in annex 4 when they stop decisions under their respective laws and regulations on the ownership, investment and control.
ARTICLE 7 compliance with legislative and regulatory provisions 1.
The legislative and regulatory provisions of some governing its territory the entry and exit of the aircraft in international air navigation, or governing the operation and said aircraft navigation when they are within its territory, apply to the aircraft used by air carriers of the other party and are observed by such aircraft when entering the territory of the first party where they are staying or when they leave.
2. during the entry and the stay in the territory of one of the parties, as well as the output of it, the legislative and regulatory provisions governing this territory the entry and the exit of passengers, crew or cargo (including those governing the entry formalities, leave, immigration, passports, customs and quarantine or, in the case of mail (, postal regulations) are met by passengers, crew or cargo air carriers of the other party or by anyone acting on their behalf.
ARTICLE 8 security 1.
The competent authorities of the parties agree, for the purposes of the operation of air services
covered by this agreement, the validity of the certificates of airworthiness, certificates of competency and licenses issued or validated by the other party and remain in force, provided that the conditions for obtaining these certificates, patents and licences are equal to or above the minimum standards which may be established pursuant to the Convention. However, the competent authorities may refuse to recognize the validity, for the purposes of flight above their own territory, certificates of competency and licenses issued or validated by the authorities of the other party for their own nationals.
2. the competent authorities of a party may request consultations with the competent authorities of the other party concerning the safety standards applied by the latter relating to aeronautical facilities, crews, aircraft and the operation of the airlines overseen by those authorities. These consultations take place within a period of forty-five days from the date on which they were requested, unless otherwise agreed parties. If, as a result of these consultations, the competent authorities that have requested consider that the authorities of the other party does not maintain or do not actually standards and safety requirements at least equal to the minimum standards which may be established in these areas under the Convention, they shall inform the authorities of the other party of these findings and the actions required to comply with these minimum standards , and the authorities of the other party adopt the corrective measures that are necessary. The competent authorities who made the request for consultations reserves the right to refuse, revoke or limit the operating authorization or technical approval of one or more air carriers which either party authorities ensure security control, where authorities adopt not the corrective measures requested within a reasonable time, and take immediate action against the air carriers concerned if these measures are essential for prevent new offences to the obligation to maintain in force and to apply the standards and requirements, which result in a direct threat to the safety of the flights.
3. all requests and notifications made under this section are to communicate simultaneously to the European Commission.
4. nothing in this article prevents the competent authorities of the parties to hold discussions on security, y understood in relation to the common application of the standards and requirements of safety or emergencies that may occur from time to time.
ARTICLE 9 security 1. In accordance with the 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. Without limiting the generality of the rights and obligations conferred on them by international law, the parties operate in particular in accordance with the following agreements: the Convention on offences and certain other acts committed on board aircraft, signed at Tokyo on 14 September 1963, the Convention for the Suppression of illegal aircraft capture, signed at the Hague on 16 December 1970 the Convention for the Suppression of unlawful acts against the safety of civil aviation signed to Montréal on 23 September 1971, and the Protocol for the Suppression of unlawful acts of violence at airports serving international civil aviation, signed at Montreal on 24 February 1988.
2. the parties shall agree, upon request, any assistance necessary to deal with any threat to the security of civil aviation and in particular to prevent acts of unlawful seizure of aircraft and other unlawful acts against the safety of such aircraft, of their passengers and crews, airports and installations and air navigation services.
3. the parties are, in their mutual relations, in accordance with the provisions of the aviation security and appropriate recommended practices established by the Organization of the civil aviation international and which are designated as annexes to the Convention; they require operators of aircraft registered in their territory, operators of aircraft who have their principal place of business or their residing on their territory and the operators of airports in their territory that they act in accordance with these provisions of the aviation security.
4. each Party shall ensure that adequate measures are effectively applied within its territory to protect aircraft, to inspect passengers, crew, their hold baggage and baggage in hand, as well as cargo and ship's stores, before and during boarding or loading, and this proportion to the increase of the threat. Each party agrees that the security provisions required by the other party for the departure and during the stay in its territory must be observed. Each part looks sympathetically any request from the other party to introduce special security measures to meet a particular threat.
5. While fully taking into account and respecting the sovereignty of the other party, a party may adopt security measures concerning the entry into its territory. To the extent possible, this part takes into account security measures already applied by the other party and the point of view expressed by the Commission. However, each party recognizes that nothing in this section limits the possibility for a party to deny access to its territory of any flight which it considers as a threat to its security.
6. a party may take emergency measures, including the amendment of the measures in force, to deal with a specific threat to safety. Such measures shall be notified immediately to the competent authorities of the other party.
7. the parties underline the importance of work the adoption of practices and compatible standards to strengthen air transport security and to reduce the differences between the regulations. To this end, the parties fully exploit and develop existing channels to discuss current and proposed security measures. The parties expect that the discussions are, inter alia, on new security measures proposed or contemplated by either party, including the revision of security measures occasioned by a change of circumstance, on the measures proposed by one of the parties to meet the requirements of the other party for security, on the possibilities of adapting more quickly standards relating to aviation security measures , and, finally, on the compatibility of the requirements of one of the parties with the legislative obligations of the other party. These discussions should serve to promote early communication and prior discussion of security requirements and new initiatives.
8. without prejudice to the need to take immediate steps to ensure the safety of air transport, the parties argue that, during the consideration of measures considered safety, each party evaluates the negative effects on air services international and, unless there be obliged by law, takes into account these factors to determine what measures are necessary and appropriate in order to address concerns related to safety.
9. in the event of capture or threat of illegal aircraft capture or other illegal acts directed against the security of passengers, crew, aircraft, airports or air navigation services and facilities, the parties shall assist each other by facilitating communications and taking other appropriate measures to end quickly and safely this incident threat or incident.
10. If one of the parties has reasonable grounds to estimate that the other party has violated the provisions of this article in aviation security, the competent authorities of the first part may ask the competent authorities of the other party's immediate consultations. Unable to reach a satisfactory agreement within a period of fifteen days from the date of this application is reason to deny, revoke, limit or impose conditions on the operating licence and the technical approval of one or more air carriers of this part. In an emergency, a party may take interim measures before the expiry of the period of fifteen days.
11 regardless of airports inspections undertaken to determine compliance with the standards and aviation security practices referred to in paragraph 3, a party may seek the cooperation of the other party to verify whether specific measures taken by this last safety meet the requirements of the requesting party. The competent authorities of the parties coordinate among themselves to establish in advance the list of airports to inspect and dates of the inspections, and establish a procedure for the exploitation of the results of these inspections.
On the basis of the results of inspections carried out, the requesting party may decide that measures
security applied on the territory of the other party are of a level equivalent to those which it administers on its own territory, so that passengers, baggage and/or cargo in correspondence can be exempt from a new inspection on the territory of the requesting party. This decision shall be communicated to the other party.
ARTICLE 10 commercial activities 1. The airlines of each party have the right to establish offices in the territory of the other party for the purposes of the promotion and sale of air services and related activities.
2. the airlines of each party are allowed, in accordance with laws and regulations of the other party for entry, residence and employment, to enter and stay in the territory of the other party of commercial, technical staff, management and operation, or any other specialist staff required to provide air services.
3. a) without prejudice to point b) below, each carrier has the right, in the territory of the other party: i) to provide its own support services in stop ("self-help") or, at its option, ii) to choose among competing providers who provide services of groundhandling in whole or in part, when the laws and regulations of each party provisions allow access to market to these providers and such providers are present on the market.
(b) the rights set out in point a), i) and ii) above are subject only to the specific constraints of space or capacity resulting from the need to operate safely from the airport.
When such constraints hinder self-handling, and in the absence of effective competition between providers of groundhandling services, all these services is made available by all carriers in equal and appropriate conditions; the price of these services does not exceed their cost of full costing given a rate of reasonable return on assets, after depreciation.
4. any airline of each party is authorized to proceed with the sale of air services in the territory of the other party directly and/or, at its discretion, through its agents or any other intermediary of his choice. Each carrier has the right to sell this service, and anyone is free to buy it, in the currency of the territory concerned or in any freely convertible currency.
5. an air carrier has the right, if he asks, convert and transfer local revenues exceeding expenditures on-site from the territory of the other party and destination of its national territory or, unless otherwise provided in the legislative and regulatory provisions applicable in the country of his choice.
The conversion and transfer of revenues are permitted promptly without restrictions or taxation at the rate of exchange prevailing on the date when the carrier presented its initial transfer request.
6. the airlines of each party are allowed to deal in local currency the expenses incurred in the territory of the other party (including for the purchase of fuel). They may, at their discretion, pay these expenses in a freely convertible currency, in accordance with the national regulations of the Exchange.
7. any air carrier of a party may, in the operation or the provision of air services under this agreement, conclude trade cooperation agreements, such as reservation of capacity or code-sharing agreements, with: a) any air carrier of the parties;
(b) any air carrier of a third country; and (c) a carrier of surface (land or sea) of any country;
to condition i) that all participants in such agreements have the appropriate permissions and ii) that these agreements meet the conditions prescribed by laws and regulations normally applied by the parties to the operation or the provision of international air services.
8. the airlines of each party have the right to conclude agreements of franchise or brand with companies, including airlines, one of the parties or third countries, provided that air carriers have appropriate permissions and meet the requirements prescribed by laws and regulations normally applied by the parties to such agreements. Annex 5 applies to these agreements.
9. the airlines of each party may enter into agreements for the provision of aircraft with flight crew for international air services with: has) any air carrier of the parties; and (b) any air carrier of a third country;
provided that all participants in such agreements have the appropriate permissions and meet the requirements prescribed by laws and regulations normally applied by the parties to such agreements. None of the two parties requires an air carrier of one of the parties that provides aircraft it has traffic rights under this agreement for the routes on which the aircraft will be operated.
10. Notwithstanding any other provision of this agreement, airlines and indirect providers of cargo services parts are permitted, without restriction, to be used for international air services, any surface transportation for cargo to destination or from any point in the territory of the parties or third countries, including transport to destination or from any airport with customs facilities , and have the right, if necessary, to carry cargo under customs control in accordance with laws and regulations applicable.
This cargo, it is transported by surface or by air, has access to registration operations and airports customs facilities. Carriers may choose to perform themselves their surface transportation or to other surface carriers, including other air carriers or indirect suppliers of air freight services. Such intermodal cargo services may be offered at a single flat rate covering the combined air and surface transport, provided that shippers are not misled by the nature and the modalities of such transport.
ARTICLE 11 customs duties and taxes 1.
Upon their arrival in the territory of the other party, the aircraft used by the airlines of a party for international air services, as well as their normal equipment, the equipment on the ground, fuel, lubricants and consumable technical supplies, spare parts (including engines), ships stores (including, but without limitation, food, liquor and beverages) (, 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 service or used only for these purposes are free, on a basis of reciprocity, all restrictions on imports, taxes on the property, any levy on capital (, all rights of customs and Excise, and all taxes or fees that are) imposed by the national authorities or the European Community, and b) are not calculated on the basis of the cost of the services provided, provided that such equipment and supplies remain on board the aircraft.
2. are also exempt, on a basis of reciprocity, taxes, duties, taxes and charges referred to in paragraph 1 of this article, with the exception of the royalties calculated on the basis of the services provided: has) ship's stores introduced or supplied in the territory of a party and embedded in reasonable quantities, on board an aircraft departing a carrier of the other party providing international air services even if these articles are intended to be consumed on the part of the flight made above of the said 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 airline of the other party providing international air services;
(c) fuel, lubricants and consumable technical supplies introduced or supplied on the territory of a party to be used on board an aircraft of an airline of the other party providing international air services, even if these supplies are intended to be used on the portion of the territory made above flight; and (d)) the printed, in accordance with the customs of each party legislation introduced or supplied in the territory of a party, on board an aircraft departing belonging to an airline of the other party providing international air services, even if these articles are intended to be used on the portion of the flight conducted over the territory of the party in which they were shipped on board.
3. it may be required that the equipment and supplies referred to in paragraphs 1 and 2 of the present article are placed under the supervision or the supervision of the competent authorities.
exemptions provided for in this article are also awarded when the airlines of a party have passed contract with another carrier, 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. None of the provisions of this agreement prevents a party from applying taxes, duties, taxes or levies on the sale of items not intended for consumption on board an aircraft on a part of the air service between two points situated on its territory where the embarkation and disembarkation are allowed.
(6 when two Member States or more plan to remove the exemption provided for in article 14, paragraph 1, point (b)), of Directive 2003/96/EC of the Council of 27 October 2003 with the fuel supplied in their territory to aircraft carriers of the United States, for flights between the Member States, the Joint Committee examines this issue under article 18 (, paragraph 4, point e).
7. a party may request the assistance of the other party, on behalf of his or her air carriers, in order to obtain an exemption from taxes, taxes, fees and charges levied by all authorities or communities federal, regional or local level infra-State property referred to in paragraphs 1 and 2 of this article, as well as an exemption from fuel distribution fees under the conditions set out in this article, except to the extent where these charges are based on the cost of the service provided. In response to such a request, the other party informed the competent authorities of remarks of the requesting party and recommends that it be duly taken into account.
ARTICLE 12 royalties to use 1. User charges that may be imposed by the competent authorities or bodies of a party to the air carriers of the other party are just, reasonable, not unjustly discriminatory, and equitably apportioned among categories of users. In all cases, these user charges may be imposed on the airlines of the other party on terms less favourable than the most favourable conditions granted to another air carrier at the time of their imposition.
2. user charges imposed on the airlines of the other party may reflect, but it must not exceed the cost of full costing assumed by the authorities or bodies responsible for the provision of appropriate airport services and facilities, environment related to airports, air navigation and safety of aviation, an airport or within the airport system. These user charges may include a reasonable return on assets, after depreciation. The facilities and services which are the subject of these charges are provided on a cost-effective basis.
3. each party encourages consultations between the competent authorities or bodies in its territory and the airlines using the services and facilities, and invites the competent authorities or bodies and air carriers to exchange the information necessary to permit an accurate review of the reasonableness of the use fees, 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 them to express their views before implementing these changes.
4. within the framework of the dispute settlement procedures provided for in article 19, no party is regarded as being in breach of a provision of this section, unless a) 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 if 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 tariffs 1.
The rates of air services operated pursuant to this agreement are established freely and are not subject to approval. Their deposit may not be imposed.
2. Notwithstanding the provisions of paragraph 1: a) the introduction or maintenance of the rate that an airline of the United States intends to apply or apply for an international air service between a point in a Member State and a point in another Member State must be compatible with the provisions of article 1, paragraph 3, of Regulation (EEC) no 2409/92 of 23 July 1992 Council , or a subsequent regulation which would not more restrictive;
(b) by virtue of this paragraph, the airlines of the parties allow the competent authorities of the parties requesting to have immediate access to information concerning the rates charged in the past, the current rates and the rates proposed for the introduction, and this manner and in a form acceptable to the authorities.
ARTICLE 14 grants and aid to State 1. The parties acknowledge that the subsidies and State aid can distort fair and equitable competition between air carriers for the provision of international air transportation governed by this agreement.
2. If one of the parties considers that a grant or State aid that the other party intends to grant or grants to air carriers of the latter would distort or distorts fair competition and fair at the expense of the carriers of the first part, it may make submissions to this part. It may also request a meeting of the Joint Committee, in accordance with article 18, in order to examine the question and to provide appropriate responses to the deemed legitimate concerns.
3. each party may if address competent public authorities on the territory of the other party, including all entities federal, regional or local infra-State level, if it considers that a grant or assistance envisaged or granted by these entities will have on competition the adverse effects referred to in paragraph 2. If a Party decides to establish these contacts, it shall inform without delay the other party through diplomatic channels.
It may also request a meeting of the Joint Committee.
4. the issues raised in the title of this article may include, for example, capital injections, cross-subsidies, grants, guarantees, property, reductions or exemptions from taxes, by any public entity.
ARTICLE 15 Environment 1. The parties recognize the importance of protecting the environment in developing and implementing international aviation policy. They 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.
2 where a party considering projects of environmental protection measures, it is appropriate that it evaluates the negative effects on the enjoyment of rights provided for in this agreement and, if such measures are adopted, should take appropriate steps to mitigate the potential adverse effects.
3. when environmental protection measures are adopted, standards on the protection of the environment by the international civil aviation organization in the appendices to the convention are met, except in the case where differences from these standards have been notified. The parties shall apply any measure of protection of the environment affecting air services covered by this agreement in accordance with article 2 and article 3, paragraph 4, of this agreement.
4. If a party considers that a question related to the protection of the environment in the context of aviation raises concerns with respect to the application or implementation of this agreement, it may request a meeting of the Joint Committee, in accordance with article 18, in order to examine the question and to provide appropriate responses to the deemed legitimate concerns.
ARTICLE 16 Protection of consumers the parties affirm the importance of the protection of consumers; each party may request a meeting of the Joint Committee to discuss issues related to the consumer protection which it considers important.
ARTICLE 17 computerised reservation systems 1. Systems providers computerized reservation (SIR) in activity on the territory of one of the parties have the right to install their SIR, maintain, and make freely available to travel agencies or tour operators whose main activity is to distribute products related to travel in the territory of the other party, provided that these SIR conform to the requirements in force of the other part.
2. no parts does not impose or authorize the imposition of stricter rules to providers of SIR of the other party than those imposed on its own suppliers of SIR, regards the displays of CRS (including modification and display parameters), activities, practices, sales or property in its territory.
3. the owners or operators of CRSs in a part that conform to the regulatory requirements of the other party have the same opportunities to own SIR on the territory of the other party that the owners or operators of this
ARTICLE 18 Joint Committee 1. A Joint Committee composed of representatives of the parties meets at least once a year to conduct consultations on the agreement and to examine the implementation.
2. each party may also request the convening of a meeting of the Joint Committee to try to resolve questions relating to the interpretation or application of this agreement. However, with regard to the matters referred to in article 20 or to annex 2, the Joint Committee may consider only matters relating to the refusal of one of the participants to implement the commitments made and the impact of competition decisions on the implementation of this agreement. This meeting is held as soon as possible, and no later than 60 days after the date of receipt of the request, unless otherwise agreed by the parties.
3. the Joint Committee reviews, no later than at its first annual meeting and as needed thereafter, the overall agreement implementation, and including the effects of the constraints related to the airport on the exercise of the rights infrastructure provided for in article 3, the impact of the security measures taken pursuant to article 9, the effects on the conditions of competition particularly in the area of systems computerized reservation, as well as the possible social effects of the implementation of the agreement.
4. the Joint Committee also develops cooperation: has) by promoting exchanges between experts on new initiatives and new legislative and regulatory developments in matters of safety, security, environment, airport infrastructure (including slots) and consumer protection;
b) by examining the social consequences of the agreement as it is applied, and providing appropriate responses to the deemed legitimate concerns;
(c) considering the areas likely to be included in the agreement, or by recommending possible amendments to it;
(d) taking an inventory of issues relating to subsidies or State aid raised by one or other of the parties within the Joint Committee;
e) taking decisions by consensus on any matter concerning the application of article 11, paragraph 6;
(f) in developing, within a period of one year from the provisional application, guidelines concerning regulatory citizenship and air carriers compliance decisions, in order to obtain mutual recognition of these decisions;
(g) developing a common design criteria used by the parties to their respective decisions in cases concerning the control of air carriers, to an extent that is compatible with the requirements of confidentiality;
(h) encouraging the consultation, where appropriate, on issues related to air transport dealt with in international organisations and in relations with third countries, including to consider the appropriateness of adopting a common approach;
i) by taking by consensus the decisions referred to in article 1, paragraph 3, and article 2, paragraph 3, of annex 4.
5. the parties share the objective of maximizing the benefits for consumers, airlines, workers and people on both sides of the Atlantic by extending this agreement to third countries. To this end, the Joint Committee is working to develop a proposal concerning the conditions and procedures required, including any necessary modification of this agreement, for the accession of third countries to the agreement.
6. the Joint Committee works on the basis of consensus.
ARTICLE 19 arbitration 1.
Any dispute relating to the application or interpretation of this agreement, unless it deals with the issues referred to in article 20 or to annex 2, and which is not resolved by a meeting of the Joint Committee, may be subject to a person or a body for a decision by agreement of the parties. In the absence of agreement of the parties, the dispute is submitted at the request of one of the parties to arbitration according to the following procedure.
2. unless the parties agree otherwise, the arbitration is made by a tribunal composed of three arbitrators and is as follows: has) within twenty days after receipt of a request for arbitration, each Party shall appoint an arbitrator. Within forty-five days of the designation of these two arbitrators, they designate by mutual agreement a third referee, who served as president of the tribunal;
b) if one of the parties is not an arbitrator, or if the third arbitrator is not appointed in accordance with point a) of this paragraph, either of the parties can ask the president of the Council of the international civil aviation organization to carry out the appointment or the necessary designations within a period of thirty days from the receipt of the application. If the president of the Council of the international civil aviation organization is a national of the United States or a Member State, the most senior Vice President of this Council that this ground for disqualification does not apply shall this designation.
3. unless otherwise agreed by the parties, the tribunal defines the scope of its jurisdiction in accordance with this agreement and establishes its rules of procedure. At the request of a party, the tribunal may, after having been established, ask the other party to apply interim corrective measures pending its final decision. At the initiative of the Court or at the request of one of the parties, a conference is held within a maximum period of fifteen days following the complete the tribunal's constitution so that it determines the specific questions which must be the subject of arbitration and procedures specific to follow.
4. unless otherwise agreed by the parties or other decision of the tribunal: a) the memory request is submitted within thirty days following the complete constitution of the tribunal, and the statement of defence is submitted forty days after. Any response from the applicant is required within 15 days following the submission of the statement of defence. Any response from the defendant is required within 15 days following.
(b) the Court shall hold a hearing, at the request of one of the parties or on its own initiative, within a period of fifteen days of the filing of the last reply.
5. the tribunal strives to render a decision in writing within a period of thirty days from the end of the hearing or, if no hearing was held, within thirty days following the submission of the last reply. The Court shall make its decisions by a majority of its members.
6. the parties may submit requests for explanation of the decision within a period of 10 days following its delivery; any explanation is given within a period of fifteen days following this request.
7. If the Court finds a violation of this agreement and that the party responsible for this violation did not remedy or fails, within forty days of the notification of the decision of the tribunal, an agreement mutually acceptable with the other party, the latter may suspend the application of comparable benefits arising from this agreement, until such time as the parties settle the dispute. None of the provisions of this paragraph shall be construed as restricting the right of one or other of the parties to take proportionate measures in accordance with international law.
8. the costs of the tribunal, including the remuneration and expenses of the arbitrators, are shared equally between the parties. Any expenses incurred by the president of the Council of the international civil aviation organization, or by a vice-president of the Council, of the procedures mentioned in paragraph 2, point b), of this section is deemed to be part of the expenses of the tribunal.
ARTICLE 20 competition 1.
The parties recognize that competition between air carriers on the transatlantic market is important to promote the objectives of this agreement, and confirm that they apply their respective competition regimes to protect and strengthen the global competition and not specific competitors.
2. the parties recognize that differences affecting the transatlantic market may occur in what concerns the application of their respective competition regimes to international aviation and that competition between air carriers in this market could be stimulated by a reduction in these differences.
3. the parties recognise that cooperation between their respective competition authorities helps to stimulate competition in the markets and is likely to promote the compatibility of the results of the control and minimize the differences of approach in examinations, in terms of competition, inter-transporteurs agreements. This is why the parties deepen this cooperation to the extent possible, taking into account the differences between the responsibilities, powers and procedures of their authorities, in accordance with Annex 2.
4. the Joint Committee is informed each year of the results of the cooperation under annex 2.
SECTION 21 negotiations for a second stage 1. The parties share the objective of further opening of market access and maximize the benefits for consumers, airlines,
the staff and the populations on both sides of the Atlantic, including by facilitating investments to better reflect the realities of the world aviation industry, strengthening the transatlantic air transport system and establishing a framework that will encourage other countries to open up their own markets of air services. The parties begin negotiations no later than sixty days after the date of provisional application of this agreement, for the rapid preparation of the next step.
2. to this end, the calendar of negotiations for a second step includes the following issues which are of priority interest to one or other of the parties: a) further liberalisation of traffic rights;
(b) additional foreign investment opportunities;
(c) effect of environmental measures and the constraints related to infrastructure on the exercise of traffic rights;
(d) improved access to air transport financed by the public authorities; and e) provision of aircraft with flight crew.
3. the parties shall review the progress they have made in the conclusion of a second stage agreement to no later than eighteen months from the date on which the negotiations must begin in accordance with paragraph 1.
If no second stage agreement is reached by the parties in the 12 months that follow the initiation of this review, each party reserves the right to suspend the rights provided for in this agreement.
Such suspension shall not take effect before the start of the season IATA (international air transport Association) which starts at the earliest 12 months after the date on which the notification of the suspension is given.
ARTICLE 22 relationship to other agreements 1. During the period of provisional application laid down in article 25 of this agreement, the bilateral agreements listed in section 1 of annex 1 shall be suspended, except to the extent provided in section 2 of annex 1.
2. on the entry into force of this agreement pursuant to article 26, it replaces the bilateral agreements listed in section 1 of Schedule 1, except to the extent provided in section 2 of annex 1.
3. If the parties become parties to a multilateral agreement or apply a decision of the Organization of international civil aviation or any other international organization which deals with aspects covered by this agreement, they shall consult each other within the Joint Committee to determine whether to revise the agreement in the light of this situation.
ARTICLE 23 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 shall be communicated simultaneously to the international civil aviation organization. This agreement shall terminate at midnight GMT at the end of the season IATA (international air transport Association) in progress one year after the date of written notification of the denunciation of the agreement, unless such notification is withdrawn by agreement between the parties before the expiry of this period.
ARTICLE 24 registration with the international civil aviation organization this agreement and all its amendments are registered with the international civil aviation organization.
ARTICLE 25 provisional Application pending the entry into force in accordance with article 26: 1) the parties agree to apply this agreement from March 30, 2008.
(2) either party may at any time notify in writing to the other party through the diplomatic channel, its decision to no longer apply the agreement. In this case, this application expires at midnight GMT at the end of the season IATA (international air transport Association) in progress one year after the date of written notification, unless the notification is withdrawn by agreement between the parties before the expiry of this period.
ARTICLE 26 entry into force this Agreement shall enter into force one month after the date of the last note sent through an exchange of diplomatic notes between the parties to confirm that all the procedures necessary for the entry into force of the agreement have been completed. For the purposes of this exchange of notes, the U.S. challenge to the European Community the diplomatic note to the European Community and its Member States, and the European Community gives the United States 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.
IN witness whereof the undersigned, duly authorized thereto, have signed this agreement.
DONE at Brussels, on April 25, 2007, and in Washington, April 30, 2007, in duplicate.
Annex 1st Section 1st in accordance with the provisions of article 22 of this agreement, the following bilateral agreements signed between the United States and the Member States shall be suspended or replaced by this agreement: a) Republic of Austria: agreement on air services, signed at Vienna on 16 March 1989; amended June 14, 1995.
b) Kingdom of Belgium: air transport agreement, concluded by Exchange of notes at Washington October 23, 1980;
amended September 22 and November 12, 1986. amended November 5, 1993 and January 12, 1994.
(Amendment concluded on 5 September 1995 (provisionally applied).)
c) Republic of Bulgaria: agreement on the safety of civil aviation, signed at Sofia on April 24, 1991.
d) Czech Republic: air transport agreement, signed at Prague on September 10, 1996; amended June 14, 2001-February 14, 2002.
e) Kingdom of Denmark: Agreement relating to air transport, concluded by Exchange of notes at Washington December 16, 1944; amended August 6, 1954; amended on June 16, 1995.
f) Republic of Finland: air transport agreement, signed at Helsinki on 29 March 1949; Protocol y related signed may 12, 1980; Agreement amending the agreement of 1949 and the Protocol of 1980 concluded on June 9, 1995.
g) French Republic: air transport agreement, signed at Washington on 18 June 1998; amended October 10, 2000; last modified January 22, 2002.
h) Federal Republic of Germany: agreement of transport air with Exchange of notes, signed at Washington on July 7, 1955; last modified on April 25, 1989.
(Protocol y related concluded on 1 November 1978; related agreement concluded may 24, 1994; Protocol amending the agreement of 1955 concluded on 23 May 1996; agreement amending the Protocol of 1996 concluded on October 10, 2000 (all provisionally applied).)
i) Hellenic Republic: air transport agreement, signed at Athens on July 31, 1991; extended until July 31, 2007 by the exchange of notes on 22 and 28 June 2006.
j) Republic of Hungary: agreement of transport air with memorandum of understanding, signed in Budapest on July 12, 1989; extended until July 12, 2007 by the exchange of notes of 11 and 20 July 2006.
k) Ireland: Agreement relating to air transport, directed by Exchange of notes at Washington on February 3, 1945; last modified January 25, 1988 and September 29, 1989.
amended on 25 July and September 6, 1990.
(Memorandum of understanding on consultation, signed in Washington on 28 October 1993 (provisionally applied).)
l) Italian Republic: air transport agreement, with memorandum and exchange of notes, signed at Rome on June 22, 1970; amended October 25, 1988; MOU y related signed on 27 September 1990; amendments to the agreement of 1970 and the Protocol of 1990 agreement concluded on 22 November and 23 December 1991; amendments to the agreement of 1970 and the Protocol of 1990 concluded may 30 and October 21, 1997; Agreement supplementing the 1970 agreement on December 30, 1998 and February 2, 1999.
(Protocol amending the 1970 agreement on 6 December 1999 (provisionally applied).)
m) Grand Duchy of Luxembourg: air transport agreement, signed in Luxembourg on 19 August 1986; last modified on June 6, 1995; last modified 13 and 21 July 1998.
n) Malta: air transport agreement, signed at Washington on October 12, 2000.
o) Kingdom of the Netherlands: air transport agreement, signed at Washington on April 3, 1957;
Protocol amending the 1957 Agreement, concluded March 31, 1978; amendment to the 1978 Protocol concluded June 11, 1986; modification of the 1957 Agreement, concluded on 13 October and December 22, 1987; modification of the 1957 agreement concluded on 29 January and 13 March 1992; Amendment of the agreement of 1957 and the 1978 Protocol concluded October 14, 1992.
p) Republic of Poland: air transport agreement, signed at Warsaw on June 16, 2001.
q) Portuguese Republic: air transport agreement, signed at Lisbon on 30 May 2000.
r) Romania: air transport agreement, signed at Washington on July 15, 1998.
s) Slovak Republic: air transport agreement, signed at Bratislava on 22 January 2001.
t) Kingdom of Spain: air transport agreement, signed at Madrid on 20 February 1973; related agreement of 20 February, March 31 and April 7, 1987; modification of the agreement of 1973, concluded on 31 May 1989; Amendment of the 1973 agreement, concluded on November 27, 1991.
u) Kingdom of Sweden: Agreement relating to air transport, concluded by Exchange of notes at Washington December 16, 1944; amended August 6, 1954; amended on June 16, 1995.
v) United Kingdom of Great Britain and Northern Ireland: agreement on air services with Exchange of letters, signed at Bermuda July 23, 1977; agreement on air fares on the North Atlantic, concluded March 17, 1978; agreement
amending the 1977 agreement, concluded on April 25, 1978; Agreement amending and extending the agreement of 1978 to North Atlantic air fares, concluded 2 and November 9, 1978; Agreement amending the 1977 agreement, concluded December 4, 1980; Agreement amending the 1977 agreement, concluded on 20 February 1985; Agreement amending article 7, annex 2 and annex 5 of the 1977 agreement, concluded on May 25, 1989;
Agreement concerning amendments to the agreement of 1977, end of arbitration between the United States and the United Kingdom concerning Heathrow airport user charges and the request for arbitration made by the United Kingdom in his embassy note No. 87 of 13 October 1993 and resolution of the issues that led to these procedures, concluded March 11, 1994; Agreement amending the 1977 agreement, concluded on 27 March 1997.
(arrangements on a provisional basis, contained in the memorandum of understanding on the consultations dated September 11, 1986; arrangements contained in the exchange of letters dated July 27, 1990; arrangements contained in the memorandum of understanding on the consultations of March 11, 1991;
arrangements contained in the exchange of letters dated October 6, 1994; arrangements contained in the memorandum of understanding on the consultations of June 5, 1995; arrangements contained in the exchange of letters dated March 31 and April 3, 2000 (all provisionally applied).)
Section 2 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 referred to in points e) (Denmark-United States), g) (France-USA), and v) (United Kingdom-United States) of that section shall continue to apply in accordance with their provisions.
Section 3 Notwithstanding article 3 of this agreement, carriers of the United States have no right to provide all-cargo services which do not form part of a service serving the United States destination or from points in the Member States, except for destination or from points in the Czech Republic, the French Republic, the Federal Republic of Germany the Grand Duchy of Luxembourg, Malta, the Republic of Poland, the Portuguese Republic and the Slovak Republic.
Section 4 Notwithstanding any other provision of this agreement, this section shall apply to the joint air transport, scheduled and chartered flights between the Ireland and the United States, with effect from the beginning of the winter season IATA 2006/2007 until the end of the winter season 2007/2008 IATA.
a) i) every carrier of the United States or community can operate three non-stop flights between the United States and Dublin for each non-stop flight it operates between the United States and Shannon. This right to non-stop to destination / departing from Dublin is based on the average flights during the entire period of transition which is spread over three seasons. A flight is considered to be a flight nonstop destination / departing Dublin, or as a flight nonstop destination / departing from Shannon if the corresponding airport is the first point of entry into Ireland or the last point release of the Ireland.
((ii) the requirement to serve scheduled Shannon to the point) i) of this section terminates if an air carrier any inaugurated a joint service with flights scheduled or charter basis between Dublin and the United States, in one or the other direction, without exploiting at least one nonstop flight bound for Shannon to three nonstop to Dublin on average during the period of transition.
(b) in relation to services between the United States and the Ireland, Community air carriers can serve in the United States, only the cities of Boston, New York, Chicago, Los Angeles and three additional points to notify US when their choice or change them. These services may include intermediate points in other Member States or third countries.
(c) the sharing of code between the Ireland and the United States is only allowed via other points in the European Community. Other code-sharing arrangements will be considered on a basis of courtesy and reciprocity.
Annex 2 concerning cooperation on competition issues in the sector of air transport Article 1 the cooperation set out in the annex is implemented by the Ministry of transportation of the United States of America and the Commission of the communities European (hereinafter referred to as "the participants"), in the context of their respective functions in relation to the treatment of the problems of competition in the sector of air transport involving the United States and the Community European.
Article 2 subject this cooperation is aimed at: 1) strengthen mutual understanding of the application by the participants, laws, procedures and practices under their competition regimes respective to encourage competition in the air transport sector;
(2) to facilitate the understanding, among the participants of the impact of the developments that characterize the sector of air transport on the competition in international air transport market;
(3) to reduce the potential for conflict in the application by the participants of their respective agreements and other competition plans cooperation arrangements that have an impact on the transatlantic market; and 4) to promote regulation according to approaches compatible with respect to agreements and other cooperative arrangements, through a better understanding of the methods and analysis techniques, including the definition of the relevant markets and analysis of the consequences for competition and corrections that participants apply in the context of their respective competition independent reviews.
Article 3 Definitions for the purposes of this annex, the term "competition regime" encompasses the laws, procedures and practices governing the exercise by participants, their respective duties concerning the consideration of agreements and other cooperative arrangements between air carriers on the international market.
For the European Community, competition regime includes, although this list is not exhaustive, articles 81, 82 and 85 of the Treaty establishing the European Community and their regulations in application of the Treaty, and any amendments thereto. With regard to the Department of transportation, the competitive regime includes, although this list is not exhaustive, sections 41308, 41309 and 41720 of title 49 of the "United States Code", and its implementing regulations and the jurisprudence y related.
Article 4 areas of cooperation subject to the provisions laid down in point 1), a) and b) of article 5, the cooperation between participants takes the following forms: 1) the meetings between the representatives of participants, including experts from the competition, in principle on a semi-annual basis, to discuss the developments in the sector of air transport, issues of common interest relating to the policy of competition and methods of analysis for the application of the law of air transport international, in particular the transatlantic market competition. These discussions may lead to a better understanding of respective approaches to the participants on competition issues, including existing commonalities, and a better compatibility of these approaches, particularly as regards the inter-transporteurs agreements;
(2) consultations between the participants, organised at any time by mutual agreement or at the request of one of the participants, to discuss any matter in relation to this annex, including specific cases;
(3) each participant may, at its discretion, invite representatives of other Governments to participate, as appropriate, in any meeting or consultation in accordance with points 1) or 2) above;
((4) notification in due time, procedures or events below which, according to the participant that made this notification, may have significant implications for the interests of the other participating competition: a) on the part of the Ministry of transport, i) procedures for the review of applications for approval of agreements and other arrangements of cooperation between air carriers in the area of air services international such as requests for exemption from the antitrust provisions involving air carriers established in accordance with the legislation of the United States and the European Community, and ii) receipt by the Department of transport, an agreement of joint venture pursuant to section 41720 of title 49 of the "United States Code"; and (b)) on the part of the Commission of the European communities, i) the procedures for review of the agreements and other arrangements for cooperation among airlines in the field of international air services, including alliances and other cooperative agreements involving air carriers made in accordance with the legislation of the United States and the Community European and ii) review of exemptions individual or by category, of the provisions of the EU competition law;
(5) the notification of availability (and any conditions governing this availability) information and data filed with a participant, in electronic or other form, which, according to this participant, can have implications
important for the interests of the other participant of competition; and 6) notification of other activities related to the policy of competition in the field of air transport, and as a participant useful to provide justice.
Article 5 use and disclosure of information 1.
Notwithstanding any other provision of this annex, no participant is supposed to provide information to the other participant if the disclosure of such information to the participant who is requesting: a) is prohibited by the laws, regulations or practices of a member who holds the information; or (b) would be incompatible with important interests of the participant who holds the information.
2. to the extent possible, each participant shall preserve the confidentiality of any information that is passed confidentially by the other participant in the title of this annex and refuses any request for disclosure of such information to a third party without the permission of the participant that the information.
Participants will notify each other when information that should be exchanged in discussions or any other way may have to be disclosed in a public proceeding.
3. where a participant provides the other participant, in accordance with this annex, information in confidence for the purposes specified in article 2, such information should only be used for these purposes by the participant that receives.
Article 6 implementation 1. Each participant shall appoint a representative responsible for coordination of the activities set out in this annex.
2. this annex and all activities undertaken by a participant pursuant to it: a) are intended to be implemented only insofar as they are compatible with all laws, regulations and practices applicable to the participant concerned; and (b)) are intended to be implemented without prejudice to the agreement between the European communities and the Government of the United States of America regarding the application of their competition laws.
Annex 3 concerning transport services purchased by the Government of the United States air carriers from the community have the right to carry passengers and freight on scheduled or Charter for which flights service, an agency or an official of the United States (1) civil body gets the transport service for himself or an agreement providing for the payment is made by the public authorities or from funds to available to the public, or (2) powers provides transport service to destination or on behalf of a third country or to an international organization or another without refund, provided that the transport is carried out (a) between a point located in the United States and a point in a Member State, except - with regard to passengers only - between the points for which there is a contractual rate 'pair of cities. , or (b) between two points outside the United States. This paragraph shall not apply to transport services obtained or funded by the Secretary of defense or the Secretary of a military Department.
Appendix 4 regarding additional questions in relation to the property, investment and control Article 1 owned by air carriers of some 1. Nationals of one or some Member States are allowed to hold shares of an air carrier of the United States, subject to two limitations. First of all, all foreign nationals cannot hold more than 25% of shares voting of a society.
Second, foreign nationals are not allowed to have real control of an air carrier of the United States. Subject to the overall limit of 25% applied to the ownership by foreigners of shares with right to vote: a) detention by nationals of one or more Member States: 1) of 25% of the shares with voting rights; and/or 2) 49.9% of the total capital.
carrier air of the United States is not considered per se as constitutive of a control of the said carrier;
and (b) the detention by nationals of one or several Member States of 50% or more of the total capital of an air carrier of the United States is not assumed constitute a control of the said carrier. This detention is examined case by case.
2. citizens of the United States are allowed to be owners of an air carrier of the community, subject to two limitations. First, Member States and/or nationals of Member States must be owners majority said carrier.
Secondly, the air carrier must be under the effective control of such States and/or such nationals.
((3. for the purposes of article 4, point b), and article 5, paragraph 1, point b), of the agreement, a member of the ECAA to the date of signature of this agreement and that Member citizens are treated respectively as a Member State and as nationals of a Member State.
The Joint Committee may decide that this provision applies to the new members of the ECAA and their citizens.
4. Notwithstanding the provisions of paragraph 2, the European Community and its Member States reserve the right to limit, in relation to air carriers from the community, voting equity investments made by nationals of the United States after the signing of the agreement at a level equivalent to that authorized by the United States for foreign nationals with respect to air carriers of the United States , provided that the exercise of this right is compatible with international law.
Article 2 property and control of air carriers of a third State 1. No parties shall exercise the rights resulting from agreements concluded with a third country air services for refuse, revoke, suspend or limit the authorisations or the amenities of a carrier air of that third country on the grounds that a substantial part of the ownership of the air carrier is in the hands of the other party, of its nationals, or both at once.
2. the United States exercise the rights resulting from agreements in the field of air services to refuse, revoke, suspend or limit the authorisation or approvals to a carrier of the Principality of Liechtenstein, the Swiss Confederation and a member of the ECAA at the date of signature of this agreement, or of an African country which implements an agreement 'Open skies' agreement with the United States in the field of air services at the date of the signing of this agreement, on the ground that the effective control of that carrier shall between the hands of one or several Member States, nationals of such or those Member States, or both at once.
3. the Joint Committee may decide that none of the parties exercises the rights referred to in this article, paragraph 2, with respect to air carriers of one or more specified countries.
Article 3 control of air carriers 1.
The rules applicable in the European community ownership and control of air carriers in the community are set out in article 4 of Regulation (EEC) No 2407/92 of the Council of 23 July 1992 on licensing of air carriers. Under this regulation, the issuance of an operating licence to an air carrier in the community is the responsibility of Member States. The Member States shall apply Regulation No. 2407/92 in respect of their regulations and national procedures.
2. the rules applicable to the United States are set out in the United States code (USC), title 49, 41102, 41103 and sections 40102 (a) (2), which requires that licenses issued by the Ministry of transport, whether it is a certificate, a derogation or third level transport licence, to an air carrier to provide 'air services' as a common carrier , are held only by U.S. citizens according to the definition of the United States code, title 49, section 40102 (a) (15).
To the terms of this section, the president and two thirds of the Board of Directors and other members of the Executive of a company American citizens, at least 75% of the shares with voting rights is the property of American citizens and the company is under the actual control of U.S. citizens. This requirement shall be met at the origin by the applicant, and it is the responsibility of the American carrier with a licence to continue to comply.
3. the procedure followed by each party to enforce its laws and regulatory provisions are detailed in the appendix to this annex.
Appendix to annex IV 1. In the United States, citizenship of the airlines filing of certificate, exemption or licence for carriage of third level should be determined. A first licence application is recorded in a public register and treated with the statements recorded by the applicant and any other concerned party. The Department of transportation makes a final determination for an order based on the official public data of the folder, including documents having received confidential treatment.
A dossier assessing continued compliance to the obligations can be managed informally by the Ministry or can be used under recorded procedures similar to those used for the
2. the decisions of the Ministry are based on a series of precedents which reflect the fluctuating nature of financial markets and investment structures, as well as the willingness of the Department of transport to consider new approaches to foreign investment which conform to the legislation of the United States. The Department of transport works with applicants to reflect on the proposed terms and conditions of investment and help them develop transactions that meet in all respects U.S. law on citizenship, and applicants regularly consult the Ministry of transport before establishing the final version of their applications.
At any time until a formal procedure is initiated, the Department of transportation may discuss issues in connection with citizenship or other aspects of the proposed transaction and to suggest appropriate solutions that would allow the proposed transaction meet the obligations of American citizenship legislation.
3. to make an initial decision as to ensure continuous compliance with citizenship and compliance obligations, the Transport Department takes into account the complete situation of the air carrier of the United States, and precedents for the Department were allowed to take into account the nature of the relationship in the air field between the United States and the country of origin of foreign investors. As part of this agreement, the Ministry of transportation will consider investments of nationals of the EU at least as favourably than investments of nationals of country partners an 'Open skies' agreement bilateral or multilateral.
4. in relation to the European Union, article 4, paragraph 5, of Regulation No 2407/92 stipulates that the European Commission, acting at the request of a Member State, verify compliance with the conditions laid down in article 4 and shall, where appropriate, take a decision. In adopting such decisions, the Commission must ensure respect for procedural rights recognised as general principles of Community law by the Court of justice of the European communities, including the right of interested parties to be heard in a timely manner.
5 when it applies its laws and regulations, each Party shall ensure that transactions in which the nationals of the other party are investing in one of its air carriers benefit from a fair and quick procedure.
Annex 5 concerning franchising and the mark 1. The airlines of each party have the right to conclude agreements of franchise or brand, including in regard to the terms of protection of the mark or operational, insofar as issues that they comply in particular with legislative and regulatory provisions applicable to control, that the ability of the carrier to exist outside of the franchise is not endangered that the agreement does not effect the foreign carrier to undertake cabotage operations and the applicable regulatory provisions, such as those relating to the protection of consumers, in particular concerning disclosure of the identity of the air carrier operating the service are met. Insofar as those requirements are met, air carriers of each party and foreign companies are allowed to establish close commercial relations and to conclude cooperation agreements. A_le_nombre_de elements of a franchise or trademark agreement, the elements listed below, among others, shouldn't as such, except in exceptional circumstances, raise issues relating to the control: has) use and display a trademark or an appellation to the franchisor, including stipulations on the geographical area in which the mark or designation may be used;
b) display on the aircraft of the franchisee the colors and the logo of the brand of the franchisor, including display, prominently, of such mark or designation or such a logo or sign for similar identification on its aircraft or its staff uniforms;
(c) use and display the brand, name or logo on the facilities and airport of the franchisee or in the context of these facilities and equipment;
(d) apply service standards customer designed for marketing purposes;
(e) apply service standards customer designed to protect the integrity of the brand of the franchise;
(f) provide for fees of licence based on standard commercial terms;
(g) provide for participation in loyalty programs for frequent travellers, including the accumulation of profits; and h) provision in the agreement of franchise or brand the franchisor or franchisee right to denounce the agreement and remove the mark, provided that nationals of the United States or Member States retain control over the air carrier of the United States or in the community respectively.
2. agreements of franchise and brand, while coexisting with a code-sharing agreement, are independent of such an agreement, which assumes that both air carriers have adequate permissions of the parties, as required by article 10, paragraph 7, of this agreement.
Joint Declaration the representatives of the United States and the Community European and its States members have confirmed that the agreement of air transport initialled in Brussels on 2 March 2007 and whose signature is scheduled for April 30, 2007, must be authenticated in other languages, in the manner prescribed, either by Exchange of letters before its signature, or by decision of the Board after this signature.
This joint declaration is an integral part of the air transport agreement.
Agreement of air transport between the European Community and its Member States, of one part, and the United States of America, on the other hand, and annexes, made in Brussels on 25 April 2007 and at Washington on 30 April 2007 States/OrganisationsDate AuthentificationType of consentementDate Consentemententree force local ALLEMAGNE25/04/2007indetermine AUTRICHE25/04/2007Notification27/06/2008 BELGIQUE25/04/2007Notification21/08/2013 BULGARIE25/04/2007Notification01/04/2009 CHYPRE25/04/2007Notification23/04/2012 community europeenne30/04/2007indetermine DANEMARK25/04/2007Notification22/11/2011 spain25/04/2007Notification09/01. 2009 ESTONIE25/04/2007Notification26/02/2008 States-UNIS30/04/2007indetermine FINLANDE25/04/2007Notification14/04/2008 FRANCE25/04/2007Notification07/05/2008 GRECE25/04/2007Notification19/09/2008 HONGRIE25/04/2007Notification07/06/2007 IRLANDE25/04/2007Notification30/03/2009 italy25/04/2007Notification14/07/2010 LETTONIE25/04/2007Notification16/06/2008 LITUANIE25/04/2007Notification17/11/2008 LUXEMBOURG25/04/2007Notification05/01/2010 MALTE25/04/2007Notification16/11/2007 country-BAS25/04/2007Notification14/07/2008 POLOGNE25/04/2007Notification08/07/2008 PORTUGAL25/04/2007Notification06/08/2008 romania25/04/2007Notification31/03/2008 Kingdom-UNI25. 04/06/2012 2007Notification15 SLOVAQUIE25/04/2007Notification29/02/2008 SLOVENIE25/04/2007Notification30/05/2008 SUEDE25/04/2007Notification15/06/2007 Czech REP.25/04/2007Notification11/04/2008