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25 FEBRUARY 2013. - An Act to amend the Protocol, made in Luxembourg on 24 June 2010, amending the Air Transport Agreement between the United States of America, on the one hand, and the European Community and its Member States, on the other hand, signed on 25 and 30 April 2007 (1) (2)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Protocol, made in Luxembourg on 24 June 2010, amending the Air Transport Agreement between the United States of America, on the one hand, and the European Community and its Member States, on the other hand, signed on 25 and 30 April 2007, will come out its full and full effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 25 February 2013.
ALBERT
By the King:
Deputy Prime Minister and Minister for Foreign Affairs,
Trade and European Affairs,
D. REYNDERS
Deputy Prime Minister and Minister of the Interior,
Ms. J. MILQUET
The Secretary of State for Mobility, Deputy Minister of the Interior,
Mr. WATHELET
Seen and sealed the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Notes
(1) Session 2011-2012 and 2012-2013.
Senate.
Documents. - Bill tabled on 11 July 2012, No. 5-1708/1. - Report, no. 5-1708/2.
Annales parliamentarians. - Discussion, meeting of November 8, 2012. - Vote, meeting of 8 November 2012.
Room.
Documents. - Project transmitted by the Senate, No. 53-2492/1. - Report on behalf of Commission 53-2492/2. - Text adopted in plenary and subject to Royal Assent, No. 53-2492/3.
Annales parliamentarians. Discussion, meeting of 19 December 2012. - Vote, meeting of 20 December 2012.
(2) See the Decree of the Flemish Region of 3 May 2013 (Belgian Monitor of 31 May 2013), the Decree of the Walloon Region of 17 January 2013 (Belgian Monitor of 4 February 2013) and the Order of the Brussels-Capital Region of 21 December 2012 (Belgian Monitor of 8 February 2013 - Edition 2).

PROTOCOL MODIFIANT L'ACCORD DE TRANSPORT AERIEN ENTRE LES ETATS-UNIS D'AMERIQUE, D'UNE PART, ET LA COMMUNAUTE EUROPEENNE ET SES ETATS MEMBRES, D'AUTRE PART, SIGNE LES 25 ET 30 AVRIL 2007
UNITED STATES D'AMERIQUE (hereinafter referred to as "the United States"),
on the one hand, and
BELGIUM,
THE REPUBLIC OF BULGARIA,
LA REPUBLIQUE TCHEQUE,
DANEMARK,
THE GERMANY FEDERAL REPUBLIC,
THE REPUBLIC OF ESTONIA,
IRILAND,
LA REPUBLIQUE HELLENIQUE,
SPANISH ROY,
THE FRENCH REPUBLIC,
THE ITALIAN REPUBLIC,
THE REPUBLIC OF CHYPRE,
THE REPUBLIC OF LETTONIA,
LA REPUBLIQUE DE LITUANIE,
LUXEMBOURG,
THE REPUBLIC OF HUNGARY,
MALTE,
ROYAUME DES PAYS-BAS,
THE REPUBLIC OF AUTRICHE,
THE REPUBLIC OF POLAND,
THE PORTUGAISE REPUBLIC,
THE ROMANIA,
THE REPUBLIC OF SLOVENIA,
THE SLOVATIC REPUBLIC,
THE REPUBLIC OF FINLAND,
The SUEDE ROYAUME,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTH IRELAND,
parties to the Treaty on the European Union and the Treaty on the Functioning of the European Union and Member States of the European Union (hereinafter referred to as the "member States"),
and the EUROPEAN UNION,
on the other hand,
AYANT INTENTION to rely on the framework established by the air transport agreement between the United States of America, on the one hand, and the European Community and its Member States, on the other hand, signed on 25 and 30 April 2007 (hereinafter referred to as "the agreement") to open the markets and maximize the benefits for consumers, air carriers, workers and populations on both sides of the Atlantic;
ACCOMPLISSING the mandate given by Article 21 of the Agreement to negotiate quickly the second stage for the achievement of this objective;
RECONNAISSING that the European Union replaced and succeeded the European Community, following the coming into force, on 1^er December 2009, of the Lisbon Treaty amending the Treaty on the European Union and the Treaty establishing the European Community and that from that date, all the rights and obligations of the European Community and all references to it contained in the Agreement apply to the European Union,
AGAINST MODIFIER The AACORD COMME SUIT:
ARTICLE 1^er
Definitions
Article 1^er the agreement is amended to read:
1. The following new definition is inserted after paragraph 2:
"2bis the term "regulatory decision on citizenship", the finding that an air carrier proposing to operate services under this agreement meets the requirements of section 4 regarding its ownership, effective control and principal establishment;"
2. The following new definition is inserted after paragraph 3:
"3bis the term "regulatory compliance decision", the finding that an air carrier proposing to operate services under this agreement has adequate financial capacity and management skills to operate such services and is prepared to comply with the legislative and regulatory provisions and the requirements that govern the operation of such services;"
ARTICLE 2
Mutual recognition of regulatory decisions on the conformity and citizenship of air carriers
A new 6bis article is inserted after section 6, as follows:
"ARTICLE 6bis
Mutual recognition of regulatory decisions
concerning the conformity and citizenship of air carriers
1. Where a request for an authorization to operate under section 4 on the part of an air carrier of one of the parties, the aeronautical authorities of the other party shall recognize any regulatory decision relating to compliance and/or citizenship made by the aeronautical authorities of the first party with respect to that air carrier as if that regulatory decision had been made by themselves and do not make any further verifications on these matters,
(a) If, after having received an application for an authorization to operate on the part of an air carrier, or after issuing the said authorization, the aeronautical authorities of the party having received the application have a specific reason to consider that, despite the regulatory decision taken by the aeronautical authorities of the other party, the conditions set out in section 4 of this agreement for the issuance of appropriate authorizations or approvals are not met without adequate delay, In these circumstances, either party may request consultations, to be attended by representatives of the aeronautical authorities concerned, and/or request further information regarding the matter of concern; these requests must be met as soon as possible. If the issue remains unresolved, either of the parties may refer to the joint committee;
(b) This section does not apply to regulatory decisions regarding security certificates or licences, security provisions or insurance coverage.
2. Each party shall inform the other, if possible in advance or, if not, as soon as possible, through the joint committee, of any significant changes to the criteria it applies to the development of the regulatory decisions referred to in paragraph 1^er above. If the informed party requests consultations on these amendments, such consultations shall be held within the joint committee within 30 days of the application, unless the parties agree otherwise. If, as a result of these consultations, the informed party considers that the criteria amended by the other party do not meet the reciprocal recognition of regulatory decisions, it may inform the other party of the suspension of paragraph 1. The informed party may lift this suspension at any time. The joint committee is informed of this. »
ARTICLE 3
Environment
Section 15 of the agreement is deleted and replaced by the following item:
"ARTICLE 15
Environment
1. The parties recognize the importance of protecting the environment as part of the development and implementation of the international aeronautical policy, the costs and benefits of measures designed to protect the environment to be carefully weighed, while jointly promoting, where appropriate, effective comprehensive solutions. Accordingly, the parties intend to work together to limit or reduce, economically, the environmental impact of international aviation.
2. When a party examines projects for environmental protection measures at the regional, national or local level, it should assess the potential negative effects on the exercise of the rights provided for in this Agreement and, if these measures are adopted, it should take appropriate measures to mitigate any adverse effects. At the request of one of the parties, the other party provides a description of this assessment and mitigation provisions.
3. When environmental protection measures are adopted, the environmental protection standards adopted by the International Civil Aviation Organization in the annexes to the Convention are met, except in cases where differences from these standards have been notified. The parties shall apply any environmental protection measures affecting the air services governed by this Agreement in accordance with Article 2 and Article 3, paragraph 4, of this Agreement.
4. The parties reiterated the commitment of the Member States and the United States to apply the principle of a balanced approach.
5. The following provisions apply to the imposition of new mandatory noise-based operating restrictions at airports with more than 50,000 civilian subsonic aircraft movements per calendar year:
(a) The responsible authorities of the parties allow for the consideration of the opinions of interested parties in the decision-making process.
(b) The introduction of any new operating restrictions shall be communicated to the other party at least 150 days before its entry into force. At its request, the other party has the right to obtain without delay a written report explaining the reasons for the introduction of the restriction, the environmental objective assigned to the airport and the measures envisaged to achieve this objective. This report contains the assessment of the likely costs and benefits of the various measures envisaged.
(c) Operating restrictions are (i) non-discriminatory, (ii) no more restrictive than necessary to achieve the environmental objective assigned to the airport concerned and (iii) non-arbitrariness.
6. The parties endorse and encourage the exchange of information and regular dialogue among experts, including through existing communication channels, in order to deepen cooperation, in accordance with existing legislative and regulatory provisions, to address the impact of international aviation on the environment and mitigation measures, including:
(a) research and development of environmentally sound aviation technologies;
(b) improving scientific knowledge of the effects of air transport emissions to better inform policy makers;
(c) innovation in air traffic management to reduce the environmental impact of aviation;
(d) research and development of durable alternative fuels for aviation; and
(e) exchange of views on issues and options in international forums on the environmental impacts of aviation, as well as, where appropriate, coordination of views.
7. At the request of the parties, the joint committee, assisted by experts, is working to develop recommendations on issues of potential overlap and consistency between market-based measures that parties are applying for air transport emissions, in order to avoid the unnecessary increase in measures and costs and to minimize the administrative burden on airlines to the extent possible. The implementation of these recommendations is subject to internal ratification or approval, as requested by each party.
8. If a party considers that an issue related to the protection of the environment in the context of aviation, and in particular the proposed new measures, raises concerns about the application or implementation of this Agreement, it may request a meeting of the Joint Committee, in accordance with Article 18, to examine the issue and to provide appropriate responses to concerns deemed legitimate. »
ARTICLE 4
Social dimension
A new article 17bis is inserted after section 17, as follows:
"ARTICLE 17bis
Social dimension
1. The parties recognize the importance of the social dimension of the agreement and the benefits that arise from the application of labour standards elevated to open markets. The opportunities created by the agreement are not intended to weaken labour standards or social rights and principles contained in the respective legislation of the parties.
2. The principles set out in paragraph 1^er shall guide the parties when implementing the agreement, including through the regular consideration by the joint committee, in accordance with Article 18, of the social consequences of the agreement, and by the development of appropriate responses to legitimate concerns. »
ARTICLE 5
Joint Committee
Paragraphs 3, 4 and 5 of Article 18 of the Agreement are deleted and replaced by the following paragraphs:
“3. The joint committee shall examine, where appropriate, the overall implementation of the agreement, including the possible effects of airport infrastructure constraints on the exercise of the rights provided for in Article 3, the effects of the security measures taken under Article 9, the effects on competition conditions, including in the field of computerized reservation systems, as well as the possible social effects of the implementation of the agreement. The joint committee also takes into account, on an ongoing basis, isolated issues or proposals that either party considers to affect or may affect the operation under the agreement, such as conflicting regulatory requirements.
4. The joint committee also develops cooperation:
(a) considering areas that may be included in the agreement, or recommending possible amendments to the agreement;
(b) examining the social consequences of the agreement as applied and providing appropriate responses to concerns deemed legitimate;
(c) holding an inventory of issues related to subsidies or public aids raised by either party in the joint committee;
(d) taking decisions by consensus on any issue relating to the application of Article 11, paragraph 6;
(e) developing, at the request of the parties, provisions for mutual recognition of regulatory decisions;
(f) by encouraging cooperation between the respective authorities of the parties in their efforts to develop their respective air traffic management systems with a view to optimizing their interoperability and compatibility, reducing costs and improving their environmental safety, capacity and performance;
(g) encouraging the development of joint projects and initiatives in the field of aviation safety, including with third countries;
(h) Encouraging close and ongoing cooperation between the competent air safety authorities of the parties, including initiatives to develop safety procedures that facilitate the flow of passengers and goods without compromising safety;
(i) considering whether the respective legislative and regulatory provisions and practices of the parties in the areas covered by Annex 9 (Facilitation) of the Convention may affect the exercise of the rights provided for in this Agreement;
(j) promoting exchanges among experts on new initiatives and legislative and regulatory developments, including safety, security, environment, airport infrastructure (including time slots) and consumer protection;
(k) by encouraging consultation, where appropriate, on issues related to air transport in international organizations and in relations with third countries, including with a view to examining the opportunity to adopt a common approach; and
(l) by consensus the decisions referred to in Article 1^er, paragraph 3, and section 2, paragraph 3, of Schedule 4.
5. The parties share the objective of maximizing benefits to consumers, air carriers, workers and populations on both sides of the Atlantic by extending this agreement to third countries. To this end, the joint committee shall consider, where appropriate, the conditions and procedures required, including any necessary amendments to this Agreement, for the accession of new third countries to this Agreement. »
ARTICLE 6
Extension of opportunities
Section 21 of the agreement is deleted and replaced by the following item:
"ARTICLE 21
Extension of opportunities
1. The parties undertake to pursue the common objective of continuing to remove barriers to market access in order to maximize benefits to consumers, air carriers, workers and populations on both sides of the Atlantic, including by facilitating access by their air carriers to global capital markets in order to better reflect the realities of the global aeronautical industry, by strengthening the transatlantic air transport system and by establishing a framework for other markets
2. In accordance with the common objective referred to in paragraph 1^er and the mandate conferred upon it by section 18, to monitor the implementation of this Agreement, the Joint Committee shall annually review the developments, including the legislative amendments referred to in this section. The joint committee develops modalities for cooperation in this area and makes recommendations to the parties. The European Union and its Member States authorize the detention of a majority stake in their air carriers and the effective control of them by the United States or their nationals on a reciprocal basis, provided that the joint committee confirms that the legislative and regulatory provisions of the United States authorize the detention of a majority stake in their air carriers and the effective control of them by the Member States or their nationals.
3. As soon as the joint committee confirms in writing, pursuant to Article 18, paragraph 6, that the legislative and regulatory provisions of each party authorize the detention of a majority interest in its air carriers and the effective control of the latter by the other party or its nationals:
(a) Section 3 of Schedule 1 to the Agreement ceases to apply;
(b) United States air carriers have the right to operate regular joint services between European Union points and its Member States and five countries, without serving point on the territory of the United States. The Joint Committee shall draw up a list of these countries no later than one year after the signing of this Protocol. The joint committee may amend this list or add countries to it; and
(c) the provisions of Article 2 of Annex 4 to the Agreement ("Property and control of air carriers of a third State") cease to apply and the provisions of Annex 6 to the Agreement shall take effect with respect to air carriers of third countries held and controlled by the United States or their nationals.
4. As soon as the joint committee confirms in writing, in accordance with Article 18, paragraph 6, that the legislative and regulatory provisions of the European Union and its member States concerning the imposition of noise-based operating restrictions at airports with more than 50,000 annual movements of civilian subsonic aircraft grant the European Commission the power to evaluate the process prior to the imposition of these measures and to initiate appropriate judicial action on the matter
a) the air carriers of the European Union have the right to operate regular joint services between points of the United States and five other countries, without serving point on the territory of the European Union and its Member States. The Joint Committee shall draw up a list of these countries no later than one year after the signing of this Protocol. The joint committee may amend this list or add countries to it; and
(b) the provisions of Article 2 of Annex 4 to the Agreement ("Property and control of air carriers of a third State") cease to apply and the provisions of Annex 6 to the Agreement shall take effect with respect to air carriers of third countries held and controlled by Member States or their nationals.
5. As soon as the joint committee confirms in writing that one of the parties has met the conditions set out in paragraphs 3 and 4 applicable to that party, the party may request high-level consultations on the implementation of this section. Such consultations shall commence no later than 60 days after the meaning of the application, unless the parties decide otherwise. The parties are making every effort to address the issues covered by the consultation. If the party requesting consultations is not satisfied with the outcome of the consultations, it may notify in writing, through diplomatic channels, its decision not to authorize an air carrier of the other party to operate new frequencies or enter new markets under this Agreement. Any such decision shall take effect 60 days after notification. During this period, the other party may decide not to authorize an air carrier of the first party to operate new frequencies or enter new markets under the agreement. This decision takes effect on the same day as the decision of the first part. Any decision of this nature may be lifted with the agreement of the parties, confirmed in writing by the joint committee. »
ARTICLE 7
Transport services purchased by the Government of the United States
Appendix 3 of the agreement is deleted and replaced by the following text:
"Annex 3
Concerning transport services
purchased by the United States government
European Union air carriers are entitled to carry passengers and goods on scheduled and charter flights for which a service, agency or official civil body of the United States government:
(1) obtains the transportation service for itself or under an agreement that the payment is made by the government or from funds made available to the government; or
(2) provides the transport service to or on behalf of a third country or an international or other organization without reimbursement,
if the transport is carried out:
(a) between a point in the United States and a point outside the United States, provided that such carriage is authorized by Article 3, paragraph 1^er, point (c), except - in respect of passengers who may benefit from a contractual tariff "carriage of cities" - between the points for which there is a contractual tariff "carriage of cities"; or
(b) between two points outside the United States.
This annex does not apply to transportation services obtained or funded by the Secretary of Defence or by the Secretary of a military department. »
ARTICLE 8
Annexes
The text of the appendix to this protocol is Appendix 6 of the agreement.
ARTICLE 9
Provisional application
1. In the event of its entry into force, the parties agree to apply this protocol provisionally, to the extent permitted by applicable national legislation, from the date of signature.
2. Each party may at any time notify the other party, in writing and through diplomatic channels, of its decision not to apply this protocol. In this case, the application of this protocol ends at midnight (universal time) at the end of the IATA season (International Air Carrier Association) in progress one year after the written notification date, unless this notification is withdrawn by agreement between the parties before the expiry of this period. If the provisional application of the agreement ceases in accordance with Article 25, paragraph 2, of the agreement, the provisional application of this protocol shall cease simultaneously.
ARTICLE 10
Entry into force
This Protocol shall enter into force at the latest of the following two dates:
1. the effective date of the agreement,
2. one month after the date of the last note transmitted as part of an exchange of diplomatic notes between the parties to confirm that all procedures required for the entry into force of this protocol have been completed.
For the purpose of this exchange of diplomatic notes, the diplomatic notes communicated to or by the European Union and its member States are given, as the case may be, to or by the European Union. The diplomatic notes or notes of the European Union and its Member States contain communications from each Member State confirming that the procedures required for the entry into force of this Protocol have been completed.
IN WITNESS WHEREOF, the undersigned, duly mandated, have signed this Agreement.
Appendix to the Protocol
Annex 6
Ownership and control of air carriers of a third State
1. None of the parties shall exercise the rights that may arise from agreements with a third country with respect to air services to refuse, revoke, suspend or limit authorizations or approvals of an air carrier of that third country on the ground that a substantial portion of the ownership of that air carrier is in the hands of the other party, its nationals, or both.
2. The United States does not exercise the rights that may arise from agreements in the field of air services to refuse, revoke, suspend or limit authorizations or approvals of an air carrier of the Principality of Liechtenstein, the Swiss Confederation or a member of the EECCA on the date of signature of this agreement, or an African country that implements an "Open Area" agreement concluded with Member States, nationals of the said or such Member States, or both.
3. None of the parties shall exercise the rights that may arise from agreements with a third country with respect to air services to refuse, revoke, suspend or limit authorizations or approvals of an air carrier of that third country on the ground that the effective control of that air carrier is in the hands of the other party, its nationals, or both at a time, provided that the third country in question maintains good relations of services
4. The joint committee maintains the inventory of third countries considered by both parties as maintaining good cooperation with respect to air services.
Joint statement
The representatives of the United States and the European Union and its Member States confirmed that the protocol amending the air transport agreement between the United States of America and the European Community and its Member States, as set out in Brussels on 25 March 2010, must be authenticated in other languages, in accordance with the terms provided, either by exchange of letters before its signature or by a decision of the joint committee after that signature.
This joint declaration is an integral part of the protocol.
For the United States:
John Byerly (signed)
For the European Union and its member states:
Daniel Calleja (signed)
25 March 2010.

Protocol, made in Luxembourg on 24 June 2010, amending the Air Transport Agreement between the United States of America, on the one hand, and the European Community and its Member States, on the other hand, signed on 25 and 30 April 2007