Posted the: 2013-09-11 Numac: 2013015089 FEDERAL PUBLIC SERVICE Foreign Affairs, trade outside and 25 February 2013 development COOPERATION. -Law concerning consent to the Protocol, done at Luxembourg on 24 June 2010, amending the agreement of air transport between the United States of America, on the one hand, and the European Community and its Member States, on the other hand, signed 25 and April 30, 2007 (1) (2) ALBERT II, King of the Belgians, all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2. the Protocol, done at Luxembourg on 24 June 2010, amending the agreement of air transport 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 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 - 1708/1. -Report, n ° 5-1708/2.
Parliamentary Annals. -Discussion, meeting of November 8, 2012. -Vote meeting of November 8, 2012.
Documents. -Draft transmitted by the Senate, no. 53-2492/1. -Report on behalf of the commission 53-2492/2. -Text adopted in plenary and subject to Royal assent, session No. 53-2492/3.
Parliamentary Annals. Discussion, meeting of December 19, 2012. -Vote meeting of December 20, 2012.
(2) see the order of the Flemish Region of 3 may 2013 (Moniteur belge of 31 May 2013), the Decree of the Walloon Region from January 17, 2013 (Moniteur belge of 4 February 2013) and the order of the Brussels-Capital Region by December 21, 2012 (Moniteur belge of 8 February 2013 - Edition 2).
Protocol amending the agreement of air TRANSPORT between the United States of America, of the first PART, and the Community European and its Member States, on the other hand, sign the 25 and 30 April 2007 the United States of America (hereinafter "the USA"), on one hand, and the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia , THE IRELAND, THE HELLENIC REPUBLIC, THE KINGDOM OF SPAIN, THE FRENCH REPUBLIC, THE ITALIAN REPUBLIC, THE REPUBLIC OF CYPRUS, THE REPUBLIC OF LATVIA, THE REPUBLIC OF LITHUANIA, THE GRAND-DUCHY OF LUXEMBOURG, THE REPUBLIC OF HUNGARY, MALTA, THE KINGDOM OF THE NETHERLANDS, THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF POLAND, THE PORTUGUESE REPUBLIC, ROMANIA, THE REPUBLIC OF SLOVENIA, THE SLOVAK REPUBLIC, THE REPUBLIC OF FINLAND , The Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland, parties to the Treaty on European Union and to the Treaty on the functioning of the European Union and States members of the European Union (hereinafter referred to as 'the Member States') and the European UNION, on the other hand, having the INTENTION to rely on the framework established by the agreement of air transport between the United States of America, on the one hand , and the European Community and its Member States, on the other hand, signed April 25-30, 2007 (hereinafter referred to as 'the agreement') to open markets and maximize the benefits for consumers, airlines, workers and people on both sides of the Atlantic;
FULFILLING the mandate given by article 21 of the agreement to quickly negotiate the second stage for the achievement of this objective;
Recognizing that the European Union has been replaced and succeeded the European Community, following the entry into force on 1 December 2009, the Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community and from this date, all rights and obligations of the European Community and all the references to it in the agreement apply to the Union European AGREED to amend the agreement as follows: ARTICLE 1 Definitions article 1 of the agreement is amended as follows: 1. the following new definition is inserted after paragraph 2: ' 2bis the expression "regulatory decision related to citizenship", the observation that an air carrier proposing to operate services under this agreement meets the requirements of article 4 concerning its property. its effective control and its principal place of business;"
2. the following new definition is inserted after paragraph 3: ' 3A expression "regulatory decision on compliance", the fact that an air carrier proposing to operate services under this agreement has a satisfactory financial capacity and skills appropriate management to operate such services and is willing to comply with legislative and regulatory provisions and requirements that govern the operation of such services;".
ARTICLE 2 mutual recognition of regulatory decisions on compliance and citizenship of air carriers a new article 6 bis is inserted after article 6, as follows: "ARTICLE 6bis mutual recognition of regulatory decisions on compliance and the citizenship of air carriers 1. When they are seized of an application for authorization to operate in the title of article 4 on the part of an air carrier of one of the parties, the aeronautical authorities of the other party recognize any regulatory decision related to compliance and/or citizenship made by the aeronautical authorities of the first part about said carrier as if this regulatory decision had been made by themselves and do not additional checks on these issues ((, subject to the provisions of point) below: a) If, after have been seized of an application for authorization to operate on the part of an air carrier, or after issuing the authorization, the aeronautical authorities of the party which has received the application have a specific reason to estimate that, despite the regulatory decision taken by the aeronautical authorities of the other party, the conditions laid down in article 4 of this agreement for the issuance of authorizations or appropriate amenities are not met they warn in without delay those authorities, duly justifying their concerns. In these circumstances, one or the other party may request consultations, to representatives of the concerned aeronautical authorities, and/or request additional information concerning the subject of concern; It must be complied with those requests 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, licences, the security provisions or insurance coverage.
2. each Party shall inform the other, if possible in advance or, failing that, as soon as possible, through the Joint Committee, of any significant changes in the criteria it uses for the preparation of regulatory decisions referred to in paragraph 1 above. If the informed party requests consultation on these changes, such consultations are held within the Joint Committee within 30 days of the request, unless the parties agree otherwise. Following these consultations, the informed party considers that the criteria changed by the other party do not meet the mutual recognition of regulatory decisions, it may notify the other party of the suspension of paragraph 1. The informed party may lift the suspension at any time. The Joint Committee is informed. ' ARTICLE 3 environment article 15 of the agreement is deleted and replaced by the following: 'ARTICLE 15 Environment 1. The parties recognize the importance of protecting the environment in developing and implementing international aviation policy, the costs and benefits of measures to protect the environment must be carefully weighed, while promoting jointly, as appropriate, effective global solutions. Accordingly, the parties agree to work together to limit or reduce, economically reasonable way, the impact of aviation on the environment.
2. when a part examines draft measures for the protection of the environment at the regional level, national or local, should be 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. At the request of one of the parties, the other party provides a description of the assessment and mitigation provisions.
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. the parties reiterate the commitment of the Member States and the United States to apply the principle of the balanced approach.
5. the following provisions apply to the imposition of new compulsory operating restrictions based on noise at airports with more than 50,000 civil subsonic jet aircraft movements per calendar year: has) the responsible authorities of the parties allow the taking into account of the opinion of interested parties in the decision-making process.
(b) the introduction of any new operating restriction is communicated to the other party at least 150 days before its entry into force. At his 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 that have been envisaged to achieve this goal. This report contains the assessment of the costs and likely benefits of the various measures envisaged.
c) operating restrictions are i) non discriminatory, ii) not more restrictive than necessary to achieve the environmental objective assigned to the airport concerned and iii) non-arbitrary.
6. the parties endorse and encourage the exchange of information and regular between experts, including through the existing channels of communication, dialogue to deepen cooperation, in accordance with the legislative and regulatory provisions in force, to deal with the impact of aviation on the environment and mitigation measures, including: a) research and development of aeronautical technologies respectful of the environment;
(b) the improvement of scientific knowledge of the effects of emissions from air transport to better inform policy makers;
c) innovation in the management of air traffic to reduce the environmental impact of aviation;
d) research and development of sustainable alternative fuels for aviation; and e) exchange of views on issues and options in the international forums devoted to the environmental impact of aviation, as well as, where appropriate, the coordination of the views.
7. at the request of the parties, the Joint Committee, assisted by experts, to develop recommendations on the issues of possible duplication and consistency between measures based on market applied by parties regarding air transport emissions, in order to avoid the unnecessary multiplication of measures and costs and to reduce as far as possible the administrative burden that weighs on the airlines. The implementation of these recommendations is subject to a ratification or approval internally, according to the request of each party.
8. If a party considers that a question related to the protection of the environment in the context of aviation, and including the new proposed measures, 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 concerns found to be legitimate. ' ARTICLE 4 Social Dimension a new article 17 bis is inserted after article 17, as follows: 'ARTICLE 17A Social Dimension 1. The parties recognize the importance of the social dimension of the agreement and the benefits arising from the application of labour standards to open markets. The opportunities created by the agreement are not intended to weaken labour standards or the rights and social principles contained in the respective laws portions.
2. the principles set out in paragraph 1 must guide the parties in implementing the agreement, including regular consideration by the Joint Committee, in accordance with article 18, social consequences of the agreement, and by the development of appropriate responses to legitimate concerns. ' ARTICLE 5 Joint Committee on paragraphs 3, 4 and 5 of article 18 of the agreement are deleted and replaced by the following: "3. the Joint Committee reviews, where appropriate, the overall implementation of the agreement, and including the effects of the constraints linked to the airport infrastructure on the exercise of the rights 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. The Joint Committee also takes into account at all times, issues or isolated proposals which either party estimated that they affect or may affect the exploitation under the agreement, such as conflicting regulatory requirements.
4. the Joint Committee also develops cooperation: has) by considering the areas likely to be included in the agreement, or even recommending possible amendments to it;
b) by examining the social consequences of the agreement as it is applied and providing appropriate responses to concerns found to be legitimate;
(c) taking an inventory of issues relating to subsidies or State aid raised by either of the parties within the Joint Committee;
d) taking decisions by consensus on any matter concerning the application of article 11, paragraph 6;
(e) developing, at the request of the parties, arrangements for the mutual recognition of regulatory decisions;
(f) encouraging cooperation between the respective authorities of the parties in their efforts to develop their respective air traffic management systems to optimize interoperability and compatibility, to reduce costs and to improve their security, their ability and their performance in terms of environment;
(g) encouraging the development of proposals for joint projects and initiatives in the field of aviation safety, including with third countries;
(h) encouraging cooperation close and continuous between the competent authorities of aviation security of the parties, and especially security procedures development initiatives that facilitate the flow of passengers and goods without compromising security;
i) by examining if the legislative and regulatory provisions and the respective 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 between experts on new initiatives and new legislative and regulatory developments, in matters of safety, security, environment, airport infrastructure (including slots) and consumer protection;
(k) 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; and l) 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 plans, where appropriate, the conditions and procedures required, including any necessary modification of this agreement, for the accession of new countries to the agreement. ' ARTICLE 6 Extension opportunities article 21 of the agreement is deleted and replaced by the following article: ARTICLE 21 extended 1.
The parties undertake to pursue the common objective to continue to remove barriers to access to the markets to maximize the benefits for consumers, airlines, workers and people on both sides of the Atlantic, including by facilitating their air carriers access to global capital markets to better reflect the realities of the world aviation industry by strengthening the transatlantic air transport system and establishing a framework that will encourage other countries to open up their own markets of air services.
2. pursuant to the common objective referred to in paragraph 1 and to the mandate conferred on him by article 18, to monitor the implementation of the present agreement, the Joint Committee shall annually examine the evolution of the situation, particularly as regards the legislative changes referred to in this article. The Joint Committee is developing modalities for cooperation in this field and make recommendations to the parties. The Union and its States members authorize the detention of a controlling interest in their air carriers and the effective control by the United States or their nationals on the basis of reciprocity, provided that the Joint Committee confirms that the laws and regulations of the United States authorize the detention of a majority stake in the effective control of these by Member States and their air carriers
or their nationals.
3. as soon as the Joint Committee confirms in writing, in accordance with article 18, paragraph 6, that the laws and regulations of each party authorize the detention of a controlling interest in its air carriers and the effective control by the other party or its nationals: a) section 3 of annex 1 of the agreement ceases to apply;
(b) air carriers from the United States have the right to operate mixed scheduled services between points in the European Union and its Member States and five countries, without serve point on the territory of the United States. The Joint Committee lists these countries no later than one year after the signature of this Protocol. The Joint Committee may amend this list or add countries; and (c) the provisions of article 2 of annex 4 to the agreement ("ownership and control of air carriers of a third State") shall cease to apply and the provisions of annex 6 of the agreement shall take effect in relation to air carriers from third countries owned 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 operating restrictions based on the noise at airports with over 50,000 annual aircraft movements subsonic grant the Commission European power to assess the process prior to the imposition of these measures and to initiate judicial action appropriate against the measures in question before their imposition, if proper procedures have not been met in accordance with the applicable requirements: has) air carriers of the European Union have the right to operate scheduled mixed services between points in the United States and five other countries, without serve point on the territory of the European Union and its Member States. The Joint Committee lists these countries no later than one year after the signature of this Protocol. The Joint Committee may amend this list or add countries; and (b) the provisions of article 2 of annex 4 to the agreement ("ownership and control of air carriers of a third State") shall cease to apply and the provisions of annex 6 of the agreement shall take effect in relation to air carriers from third countries owned and controlled by the Member States or their nationals.
5. as soon as the Joint Committee confirms in writing that one of the parties has met the requirements referred to in paragraphs 3 and 4 apply to this part, it may request consultation at high level on the implementation of this article. These consultations begin no later than 60 days after service of the request, unless the parties decide otherwise. The parties shall make every effort to address the issues subject to consultation.
If the party requesting the consultations is not satisfied with the result of these, it may notify in writing, through diplomatic channels, its decision not to allow airline of the other party to operate new frequencies or enter new markets under this agreement. Any decision of this nature takes effect 60 days after its notification. During this period, the other party may decide not to allow air carrier from the first part to operate new frequencies or enter new markets under the agreement.
This decision takes effect the same day as the decision of the first part. Any decision of this nature may be waived with the agreement of the parties, confirmed in writing by the Board. "ARTICLE 7 transport Services purchased by the Government of the United States Schedule 3 of the agreement is deleted and replaced by the following: ' Annex 3 concerning transport services purchased by the Government of the United States air carriers of the European Union have the right to carry passengers and freight on scheduled and Charter flights for which a service" (, an agency or an official civil body of the Government of the United States: 1) Gets the service of transportation for himself or an agreement providing that payment is made by the Government or from funds made available to the Government.
or 2) provides transport service to destination or to a third country or an international organization or other account without refund, if the transport is carried out: a) between a point located in the United States and a point outside the United States, insofar as this is permitted by article 3, paragraph 1, point c), except - as regards passengers eligible for a contractual tariff "city-pair" - between the points for which there is a contractual rate "pair of cities"; or (b) between two points outside the United States.
This annex does not apply to transport services obtained or funded by the Secretary of defense or the Secretary of a military Department. ' ARTICLE 8 Annexes the text of the appendix to the present Protocol as annex 6 of the agreement.
ARTICLE 9 Provisional Application 1. Pending its entry into force, the parties agree to provisionally apply this Protocol, to the extent permitted by the national law applicable, from the date of signature.
2. each party may at any time notify to the other party, in writing and through diplomatic channels, its decision to no longer apply the Protocol. In this case, the application of this Protocol expires at midnight (universal time) at the end of the season IATA (International Association of air carriers) 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. If the provisional application of the agreement in accordance with article 25, paragraph 2, of the agreement, the provisional application of the Protocol ceases simultaneously.
ARTICLE 10 entry into force this Protocol shall enter into force on the later of the two following dates: 1. the date of entry into force of the agreement, 2. 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 this Protocol have been completed.
For the purposes of this exchange of diplomatic notes, the diplomatic notes communicated to or by the European Union and its States members are given, as the case may be, to or by the European Union. The diplomatic notes of the European Union and its Member States contain communications from each Member State confirming that the procedures necessary for the entry into force of this Protocol have been completed.
IN witness whereof, the undersigned, being duly authorised, have signed this agreement.
Appendix to the Protocol annex 6 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. no parts 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 ground that the effective control of the air carrier is in the hands of the other party, of its nationals, or both at once provided that the third country in question maintains good relations of cooperation in air services with the two parties.
4. the Joint Committee takes inventory of third countries considered by the two parties as maintaining good relations of cooperation in air services.
Joint Declaration 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 and the European Community and its Member States, signed in Brussels on March 25, 2010, must be authenticated in other languages, in the manner prescribed or by Exchange of letters before its signature , either by decision of the Joint Committee after this signature.
This joint declaration is an integral part of the Protocol.
United States: John Byerly (signed) for the European Union and its Member States: Daniel Calleja (signed) March 25, 2010.
Protocol, done at Luxembourg on June 24
2010, amending the agreement of air transport between the United States of America, on the one hand, and the European Community and its Member States, on the other part, signed on 25 and 30 April 2007 States/OrganisationsDate AuthentificationType of consentementDate Consentemententree force local 2010indetermine-06-ALLEMAGNE24 2010indetermine-06-AUTRICHE24 2010Notification-06-BELGIQUE24 21 / 08 / 2013 BULGARIE24/06/2010Notification22/02/2011 DANEMARK24/06/2010Notification22/11/2011 ESPAGNE24/06/2010Notification16/05/2011 ESTONIE24/06/2010Notification18/10/2010 States-UNIS24/06/2010indetermine 2010indetermine-06-finland24 06-FRANCE24-2010indetermine GRECE24/06. 2013-06-2010Notification12 2010indetermine-06-HONGRIE24 IRLANDE24/06/2010Notification30/03/2011 italy24/06/2010indetermine LETTONIE24/06/2010Notification28/02/2011 LITUANIE24/06/2010indetermine LUXEMBOURG24/06/2010Notification05/05/2011 2010indetermine-06-MALTE24 country-BAS24/06/2010Notification19/12/2011 POLOGNE24/06/2010Notification22/08/2013 PORTUGAL24/06/2010Notification21/12/2011 2010indetermine-06-ROUMANIE24 Kingdom-UNI24/06/2010Notification15/06/2012 SLOVAQUIE24/06/2010Notification30/10/2012 slovenia24/06/2010Notification09/08/2013 SUEDE24/06/2010Notification13/10/2010 Czech REP.24/06/2010Notification26/04/2011 Union europeenne24/06/2010indetermine CHYPRE24/06. 2010indetermine