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Law Approving At The Mea Between The Community And Its Member States, The Republic Of Albania, The Former Yugoslav Republic Of Macedonia, Bosnia And Herzegovina, The Republic Of Bulgaria, The Republic Of Croatia, The Rep

Original Language Title: Loi portant assentiment à l'Accord multilatéral entre la Communauté européenne et ses Etats membres, la République d'Albanie, l'ancienne République yougoslave de Macédoine, la Bosnie-Herzégovine, la République de Bulgarie, la République de Croatie, la Rép

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belgiquelex.be - Carrefour Bank of Legislation

25 FEBRUARY 2013. - Act enacting the Multilateral Agreement between the European Community and its Member States, the Republic of Albania, the former Yugoslav Republic of Macedonia, Bosnia and Herzegovina, the Republic of Bulgaria, the Republic of Croatia, the Republic of Iceland, the Republic of Montenegro, the Kingdom of Norway, Romania, the Republic of Serbia, and the United Nations Interim Administration Mission in Kosovo on the Establishment of a European Common Air Area (3),



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Multilateral Agreement between the European Community and its Member States, the Republic of Albania, the former Yugoslav Republic of Macedonia, Bosnia and Herzegovina, the Republic of Bulgaria, the Republic of Croatia, the Republic of Iceland, the Republic of Montenegro, the Kingdom of Norway, Romania, the Republic of Serbia, and the Interim Administration Mission of the United Nations in Kosovo on the establishment of a common European airspace, will take place in Luxembourg on 9 June 2006, and will take effect.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 25 February 2013.
ALBERT
By the King:
Deputy Prime Minister and Minister for Foreign Affairs, Foreign Trade and European Affairs,
D. REYNDERS
Deputy Prime Minister and Minister of the Interior,
Ms. J. MILQUET
The Secretary of State for Mobility,
Mr. WATHELET
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Notes
(1) Parliamentary references.
Senate
Session 2011-2012
Documents. - Bill tabled on 27 September 2012, No. 5-1795/1.
Session 2012-2013
Documents. - Report, No. 5-1795/2.
Annales parliamentarians. - Discussion, meeting of 8/11/2012. - Vote, meeting of 8/11/2012.
House of Representatives
Session 2012-2013
Documents. - Project transmitted by the Senate, No. 53-2493/1. - Text adopted in plenary and subject to Royal Assent, No. 53-2493/2
Annales parliamentarians. - Discussion, session of 19/12/2012. - Vote, meeting of 20/12/2012.
(2) See decree of the Flemish Region of 3 May 2013 (Belgian Monitor of 13 June 2013), decree of the Walloon Region of 16 May 2013 (Belgian Monitor of 27 May 2013) and Order of the Brussels Capital Region of 21 March 2013 (Belgian Monitor of 15 April 2013 (Ed. 2).

MULTILATERAL AGREEMENT
THE EUROPEAN COMMUNITY AND THE MEMBERS, THE REPUBLIC OF ALBANIA, THE REPUBLIC OF YUGOSLAVIA, THE BOSNIA AND HERZEGOVINA, THE REPUBLIC OF BULGARIA, THE REPUBLIC OF CROATIA, THE REPUBLIC OF ISLAND
BELGIUM,
LA REPUBLIQUE TCHEQUE,
DANEMARK,
THE GERMANY FEDERAL REPUBLIC,
THE REPUBLIC OF ESTONIA,
LA REPUBLIQUE HELLENIQUE,
SPANISH ROY,
THE FRENCH REPUBLIC,
IRILAND,
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 REPUBLIC OF SLOVENIA,
THE SLOVATIC REPUBLIC,
THE REPUBLIC OF FINLAND,
The SUEDE ROYAUME,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTH IRELAND,
below referred to as "EC member states", and
THE EUROPEAN COMMUNITY, hereafter referred to as "Community" or "European Community", and
THE REPUBLIC OF ALBANIA,
ANCIENNE REPUBLIQUE YOUGOSLAVE DE MACEDOINE,
BOSNIA AND HERZEGOVINA,
THE REPUBLIC OF BULGARIA,
THE REPUBLIC OF CROATIA,
THE REPUBLIC OF ISLAND,
THE REPUBLIC OF MONTENEGRO,
NORV'GE ROYAUME,
THE ROMANIA,
THE REPUBLIC OF SERBIA, and
THE UNITED NATIONS ADMINISTRATION MISSION IN KOSOVO,
all the above countries and institutions being called "contracting parties",
RECOGNIZING the integrated nature of international civil aviation and desiring to create a European Common Air Area (EACE) based on mutual access to the air transport markets of the contracting parties, freedom of establishment, fair competition conditions and the same rules - in particular in the areas of security, safety, air traffic management, social harmonization and the environment;
CONSIDERING that EEACE rules must apply on a multilateral basis within the EEACE and that there is, therefore, no need to provide specific rules in this regard;
CONVENING the opportunity to establish the rules governing the EECCA on the relevant legislation in force in the European Community referred to in Annex Ire of this Agreement, without prejudice to those contained in the Treaty establishing the European Community;
RECOGNIZING that full compliance with EEACE rules allows Contracting Parties to take advantage of EEACE benefits, including market access;
Acknowledges that compliance with EEACE rules, particularly with respect to total freedom of access to the market, cannot be achieved in one step, but will require a transition facilitated by specific limited-term provisions;
SUBMITTED that, subject to transitional provisions, the rules relating to the access of air carriers to the market shall exclude any limitation in respect of frequencies, capacity, air links, aircraft type or other restrictions resulting from bilateral provisions or agreements in respect of air services, and that access to the market of air carriers shall not be subject to the conclusion of commercial arrangements or similar agreements;
Acknowledging that air carriers must receive non-discriminatory treatment of access to air transportation infrastructure, in particular where such infrastructure is limited;
CONSCIENTES that the association agreements between the European Communities and their Member States and some other contracting parties in principle provide that, in order to ensure coordinated development and progressive liberalization of transport between the parties to such agreements, in accordance with mutual trade needs, conditions for mutual access to the air transport market should be subject to special agreements;
Acknowledges the wish of each of the associated parties to make its legislation on air transport and related matters consistent with that of the European Community, including in the light of future legislative developments within the Community;
RECOGNIZING the importance of technical assistance in this regard;
RECOGNIZING that relations between the Community and its Member States and Norway and Iceland must remain governed by the European Economic Area Agreement;
DESIREUSES to allow further expansion of the European Common Air Area;
RECALLING the negotiations between the European Community and the associated parties with the conclusion of agreements on certain aspects of air services that will align the bilateral agreements of air services between the Member States of the European Community and the associated parties on community legislation,
CONVENUES OF SUVISIONS:
OBJECTIVES AND PRINCIPLES
ARTICLE 1er
1. The purpose of this Agreement is to create a European Common Air Area, as described below as "EACE". The EEA is based on free market access, freedom of establishment, fair competition conditions and common rules, including in the areas of security, safety, air traffic management, the environment and social matters. For this purpose, this Agreement defines the rules applicable between the Contracting Parties under the conditions specified below. These rules include the provisions of the acts referred to in Appendix Ire.
2. The provisions of this Agreement shall apply to the extent that they relate to air transportation or related matters referred to in Appendix Ire.
3. This Agreement consists of articles defining the general operation of the EEACE (hereinafter referred to as the "basic agreement"), of annexes, Appendix Ire specifying the applicable community legislation between the contracting parties in the context of the basic agreement, and protocols, of which at least one by associated party defines the transitional provisions applicable to it.
ARTICLE 2
1. For the purposes of this Agreement:
(a) "agreement", the text of the basic agreement, its annexes, the acts referred to in Annex I, and its protocols;
(b) "associated party", the Republic of Albania, Bosnia and Herzegovina, the Republic of Bulgaria, the Republic of Croatia, the former Yugoslav Republic of Macedonia, the Republic of Montenegro, Romania, the Republic of Serbia or any other State or entity party to this Agreement in accordance with Article 32;
(c) an "additional associated party" or "UNMIK" (United Nations Interim Administration Mission in Kosovo) pursuant to UN Security Council resolution 1244 of 10 June 1999;
(d) "contracting party", for the Community and its member States, the Community and the member States of the EC, or the Community, or the member States of the EC. The meaning assigned to each occurrence of this term is to deduct the relevant provisions of this Agreement and the respective competences of the Community and the States members of the EC as enshrined in the EC Treaty;
(e) "EACE Partner", an associated party, Norway or Iceland;
(f) "treated EC", the Treaty establishing the European Community;
(g) "EEE Agreement", the Agreement on the European Economic Area and its Protocols and Annexes, signed on 2 May 1992, to which the European Community, its Member States, Iceland, Liechtenstein and Norway are parties;
(h) "association agreement", each of the agreements establishing an association between the European Community, or between the European Community and its member States, on the one hand, and the associated party concerned, on the other;
(i) "air carrier of the ECBSA", a licensed air carrier within the meaning of this Agreement, in accordance with the provisions of the relevant acts referred to in Appendix Ire;
(j) "competent civil aviation authority", an agency or a legally authorized public body to assess the conformity of products, services or licences, and to certify and control the use or sale in the territory under the jurisdiction of a contracting party, as well as to take enforcement measures to ensure that products or services marketed in the territory under its jurisdiction are in conformity with the legal requirements;
(k) "convention", the international civil aviation convention, opened for signature in Chicago on 7 December 1944, as well as its amendments and annexes;
(l) "SESAR", the European Single Sky technical implementation programme that will coordinate and synchronize the research, development and deployment of new generations of air traffic control systems;
(m) "Air Traffic Management Master Plan (ATM - Air traffic management), the basis of the SESAR project;
(n) "EU Member State", any Member State of the European Community.
2. The use of the terms "country", "national", "national" and "territory" is without prejudice to the status of each contracting party under international law.
ARTICLE 3
The applicable provisions of the acts referred to or included in Annex Ire, adapted according to Annex II, or in the decisions of the joint committee are mandatory for the contracting parties and are part of their internal legal order, or are incorporated into it, as follows:
(a) an act corresponding to a Regulation of the European Community is incorporated into the domestic legal order of the Contracting Parties;
(b) an act corresponding to a directive of the European Community shall leave the authorities of the contracting parties the choice as to the form and means of its implementation.
ARTICLE 4
Contracting Parties shall take all general or specific measures to ensure the fulfilment of the obligations arising out of this Agreement and refrain from taking any action that may jeopardize the achievement of its objectives.
ARTICLE 5
The provisions of this Agreement shall not affect the relations between the Contracting Parties of the EEA Agreement.
NON-DISCRIMINATION
ARTICLE 6
Under this Agreement, and without prejudice to the specific provisions it provides, any discrimination arising from nationality is prohibited.
LAW OF EABLY
ARTICLE 7
Within and under the conditions of this Agreement and without prejudice to any related acts referred to in Annex Irerestrictions on the freedom of establishment of nationals of a member state of the EC or an EACE partner in the territory of one of them are prohibited. Freedom of establishment includes access to independent non-earmarked activities and their exercise, as well as the establishment and management of companies, including companies, under the conditions defined by the legislation of the country of establishment for its own nationals. This provision also applies to the creation of agencies, branches or subsidiaries by nationals of a member state of the EC or an EACE partner established in the territory of one of them.
ARTICLE 8
1. Under this Agreement and without prejudice to the related acts referred to in Annex I, corporations incorporated or organized in accordance with the legislation of a member State of the EC or an EACE partner and having their principal place of business in the territory of the EEC are assimilated to natural persons who are members of the EC or EACE partners.
2. "societies" means civil or commercial law societies, including cooperative societies, and other legal entities under public or private law, except corporations that do not pursue a profit.
ARTICLE 9
1. shall not be subject to the application of the provisions of Articles 7 and 8 to the activities participating, in the territory of any Contracting Party, even on occasion, in the exercise of the public authority.
2. The provisions of Articles 7 and 8 and the measures taken under them do not prejudge the applicability of the legislative, regulatory and administrative provisions of the Contracting Parties in respect of entry, residence and work or providing for a special regime for foreign nationals and justified by public, public or public health reasons.
ARTICLE 10
1. Without prejudice to the more favourable provisions provided for in the existing agreements and under this Agreement, Contracting Parties shall remove the quantitative restrictions and equivalent measures of effect applicable to the transfer of equipment, supplies, spare parts and other equipment to the extent that such transfers are necessary to allow an EEACE air carrier to continue to provide air transportation services under the conditions provided for in this Agreement.
2. The obligation referred to in paragraph 1er does not prevent contracting parties from applying prohibitions or imposing restrictions on such transfers for public or public safety reasons, protection of the health and life of persons and animals or preservation of plants, or protection of intellectual, industrial and commercial property. However, such prohibitions or restrictions should not constitute a means of arbitrary discrimination or a disguised restriction in trade between contracting parties.
SECURITE AERIENNE
ARTICLE 11
1. Contracting Parties shall put in place all appropriate means to ensure that aircraft registered in a contracting party, when they land at an airport located in the territory of another contracting party, comply with the international security standards established under the Convention and be inspected, both inside and outside, on the area of traffic, by the authorized agents of the other party to ensure the validity of the aircraft
2. A Contracting Party may at any time request consultations concerning the security standards applied by another Contracting Party in areas other than those covered by the acts referred to in Annex Ire.
3. None of the provisions of this Agreement shall be construed as restricting the right of the competent civil aviation authority to take immediately all appropriate measures when it finds that a product or service could:
(i) not meeting any minimum standards established under the Convention, or
(ii) raise serious doubts - on the basis of a type inspection referred to in paragraph 1er - the conformity of an aircraft or the operation of an aircraft to the minimum standards established under the Convention, or
(iii) raise serious doubts about the effective compliance and implementation of the minimum standards established under the Convention.
4. When a competent civil aviation authority takes action under paragraph 3, it shall promptly inform the competent civil aviation authorities of the other parties, by justifying its decision.
5. If measures taken under paragraph 3 are not lifted while they are no longer justified, any contracting party may refer to the joint committee.
6. Any modification of national legislation concerning the status of the competent civil aviation authority shall be notified by the Contracting Party concerned to the other Contracting Parties.
SURETE AERIENNE
ARTICLE 12
1. In order to protect civil aviation from unlawful action, Contracting Parties shall ensure that common basic standards and mechanisms for the control of the application of the air safety provisions referred to in Annex Ire be implemented at all airports located in their territory in accordance with the relevant provisions contained in this annex.
2. The Contracting Parties shall mutually agree, upon request, with all necessary assistance to prevent the unlawful capture of civilian aircraft and other unlawful acts against the safety of such aircraft, passengers and crews, airports and air navigation facilities and services, as well as any other threat to the safety of civil aviation.
3. In the event of unlawful capture or threat of unlawful capture of civilian aircraft or other unlawful acts directed against the safety of such aircraft, passengers and crews, airports or air navigation facilities and services, the contracting parties shall assist in facilitating communications and other appropriate measures to put an end, with speed and security, to this incident or threat of incident.
4. An associated party may be subject to an inspection by the European Commission in accordance with the Community legislation referred to in Annex Ire, and may be required to participate in inspections carried out by the European Commission in other contracting parties.
AIR TRAFFIC MANAGEMENT
ARTICLE 13
1. The contracting parties cooperate in the field of air traffic management with a view to expanding the European Single Sky to the EEA, thus strengthening the current security standards and the overall effectiveness of the standards governing general air traffic in Europe, optimizing capacity and minimizing delays.
2. In order to facilitate the application of European Single Sky legislation on their territory:
- the associated parties, within their respective competences, shall take as soon as possible the necessary measures to align their institutional structures in the field of air traffic with the European Single Sky, including the designation or creation of independent national control bodies, at least functionally, of air navigation service providers;
- the European Community associates the parties associated with operational initiatives in the areas of air navigation services, air space and interoperability related to the European single sky, including taking into account as soon as possible the action undertaken by the Contracting Parties concerned to establish functional air space blocks.
3. The European Community ensures that the associated parties are fully involved in the development of an ATM master plan as part of the Commission's SESAR programme.
CONCURRENCE
ARTICLE 14
1. The provisions of Schedule III apply in this Agreement. Where other agreements between two or more contracting parties, such as association agreements, contain competition and State aid rules, these rules apply between the parties concerned.
2. Sections 15, 16 and 17 do not apply with respect to the provisions of Schedule III.
IMPLEMENTATION
ARTICLE 15
1. Without prejudice to paragraphs 2 and 3, each Contracting Party shall ensure that the rights arising from this Agreement, including the acts referred to in Annex Iremay be invoked before national courts.
2. In cases that may relate to actual or potential air services to be authorized under this Agreement, the institutions of the European Community shall have the powers expressly conferred upon them under the provisions of the acts referred to or set out in Annex I.re.
3. All matters relating to the legality of the decisions of the institutions of the European Community made on the basis of this Agreement, including the acts referred to in Annex Ire, fall within the exclusive jurisdiction of the Court of Justice of the European Communities, below referred to as "Cour of Justice").
INTERPRETATION
ARTICLE 16
1. The provisions of this Agreement and those of the acts referred to in Annex Ireto the extent that they are identical in substance to the corresponding rules of the EC Treaty and the acts adopted under that Treaty are, for the purposes of their implementation and application, interpreted in accordance with the decisions and decisions of the Court of Justice and the European Commission prior to the date of signature of this Agreement. Decisions and decisions rendered after the date of signature of this Agreement shall be communicated to the other Contracting Parties. ÷ the request of one of the contracting parties, the consequences of these subsequent decisions and decisions are determined by the joint committee to ensure the proper operation of this agreement. Existing interpretations are communicated to EACE partners before the date of signing this Agreement. The decisions taken by the joint committee in this procedure are consistent with the jurisprudence of the Court of Justice.
2. Where a question relating to the interpretation of this Agreement, the provisions of the acts listed in Appendix Ire or acts arrested on the basis of these provisions, in substance identical to the corresponding rules of the EC Treaty and the acts arrested under this Treaty, are raised in a case pending before a court of an EACE partner, that jurisdiction, if it considers that a decision on this matter is necessary to render its judgment and in accordance with Annex IV, requests the Court of Justice to rule on this matter. An EACE partner may, by decision and in accordance with Annex IV, determine the scope and modalities for the application of this provision for its jurisdictions. This decision is notified to the depositary of the agreement and to the Court of Justice. The depositary shall inform the other contracting parties.
3. Where, in accordance with paragraph 2, a jurisdiction of a contracting party whose decisions are not subject to a judicial remedy of domestic law is not in a position to appeal to the Court of Justice, the contracting party shall transmit any judgement made by that jurisdiction to the joint committee, which shall take a position to ensure the uniform interpretation of this Agreement. If, within two months after the date on which a difference between the jurisprudence of the Court of Justice and a judgment pronounced by a jurisdiction of that Contracting Party has been brought to the attention of the Joint Committee, the Joint Committee has failed to ensure the uniform interpretation of this Agreement, the procedures provided for in Article 20 may be applied.
NEW LEGISLATION
ARTICLE 17
1. This Agreement shall not affect the right of each Contracting Party, subject to respect for the principle of non-discrimination and the provisions of this Article and Article 18, paragraph 4, to adopt unilaterally new legislative provisions or to unilaterally amend its legislation concerning air transport or a related area referred to in Annex I. The associated parties shall only adopt such legislative provisions if they comply with this Agreement.
2. As soon as a contracting party has adopted new legislative provisions or amended legislation, it shall inform the other contracting parties through the joint committee no later than one month after their adoption. At the request of one of the Contracting Parties, the Joint Committee shall, within two months, exchange views on the consequences of such adoption or amendment for the proper operation of this Agreement.
3. The joint committee may:
(a) adopt a decision to review Appendix Ire to incorporate, where necessary on a reciprocal basis, the new legislative provisions or amendments concerned;
(b) adopt a decision under which the relevant new legislative provisions or amendments are deemed to conform to this Agreement;
(c) to stop any other measures to safeguard the proper functioning of this Agreement.
4. With respect to the legislation adopted between the signing of this Agreement and its entry into force, which other Contracting Parties have been informed, the date of referral is the date of receipt of the information. The Joint Committee shall make a decision only after a minimum period of sixty days after the date of entry into force of this Agreement.
THE MIXTE COMMITTEE
ARTICLE 18
1. It shall be established a joint committee responsible for the administration of this Agreement and its proper implementation, without prejudice to Article 15, paragraphs 2 and 3, and Articles 21 and 22. To this end, the joint committee shall issue recommendations and make decisions in the cases provided for in this Agreement. The decisions of the joint committee shall be implemented by the contracting parties in accordance with their own rules.
2. The joint committee is composed of representatives of the contracting parties.
3. The mixed committee ruled unanimously. However, it may decide to establish a majority voting procedure for specific points.
4. For the purpose of the successful implementation of this Agreement, Contracting Parties shall exchange information, including on new legislative provisions or decisions adopted to the extent that they relate to this Agreement, and, at the request of one of them, consult with the joint committee, including on social matters.
5. The mixed committee rules its rules of procedure.
6. The chairmanship of the joint committee is exercised in turn by an EACE partner and by the European Community and its member States, in accordance with the terms to be provided for in its rules of procedure.
7. The Joint Committee shall meet at least once a year at the initiative of its President, with a view to conducting a review of the overall operation of this Agreement, and shall also meet whenever special circumstances require, at the request of one of the Contracting Parties. The joint committee continues to follow the evolution of the jurisprudence of the Court of Justice. To this end, the European Community shall communicate to EACE partners all decisions of the Court of Justice in relation to the operation of this Agreement. The mixed committee shall rule within three months to ensure the uniform interpretation of this agreement.
8. The joint committee may decide to establish any working group to assist it in carrying out its tasks.
ARTICLE 19
1. The decisions of the joint committee are binding on the contracting parties. When a decision by the joint committee requires a contracting party to take action, the said party shall take the necessary steps and inform the joint committee.
2. The decisions of the joint committee are published in the official newspapers of the European Union and EACE partners. Each decision indicates the date of its implementation by the contracting parties and any other information that may be of interest to the economic operators.
DIFFERENDUM REGULATIONS
ARTICLE 20
1. The Community, acting with its Member States, or an EACE partner, may submit to the Joint Committee any dispute relating to the application or interpretation of this Agreement, except in cases where this Agreement provides for special procedures.
2. When the joint committee has a dispute under paragraph 1erconsultations are immediately initiated between the parties to the dispute. In cases where the European Community is not a party to the dispute, one of the parties to the dispute may invite a representative of the Community to attend the consultations. The parties to the dispute may prepare a solution proposal that will be submitted to the joint committee immediately. The decisions taken by the joint committee in this procedure are consistent with the jurisprudence of the Court of Justice.
3. If the joint committee has failed to make a decision to resolve the dispute within four months of the date on which it was filed, the parties to the dispute may appeal to the Court of Justice, whose decision is binding and without appeal. The procedures for referral of the Court of Justice under such circumstances are set out in Appendix IV.
4. If the Joint Committee does not take action within four months on a matter before it, the Contracting Parties may take appropriate safeguards pursuant to Articles 21 and 22 for a period not exceeding six months. After this period, each contracting party may denounce the agreement with immediate effect. A Contracting Party shall not take safeguards on a matter that has been submitted to the Court of Justice pursuant to this Agreement, except in the cases referred to in Article 11, paragraph 3, or in accordance with the mechanisms provided for in the particular acts referred to in Annex Ire.
SAUVEGARDE MEASURES
ARTICLE 21
Without prejudice to Article 11, paragraph 3, and to the security and safety assessments referred to in the protocols to this Agreement, the safeguards are limited, in their scope and duration, to what is strictly necessary to remedy the situation. Priority is given to measures that at least disrupt the operation of this Agreement.
ARTICLE 22
1. When a contracting party intends to take safeguards, it shall notify the other contracting parties through the joint committee and provide all relevant information.
2. The contracting parties consult immediately with the joint committee to find a mutually acceptable solution.
3. Without prejudice to Article 11, paragraph 3, the Contracting Party concerned shall not take safeguards before the expiration of a period of one month from the date of notification provided for in paragraph 1erunless the consultation procedure referred to in paragraph 2 has been completed before the expiry of the above-mentioned period.
4. The Contracting Party concerned shall promptly notify the action taken by the Joint Committee and shall provide all relevant information.
DIVULGATION OF INFORMATION
ARTICLE 23
As they act within the framework of this Agreement, representatives, delegates and experts from the contracting parties as well as officials and other agents are required, even after the termination of their duties, not to disclose information that, by their nature, is covered by professional secrecy, including information relating to companies and their trade relations or the elements of their return prices.
TIERS COUNTRIES AND INTERNATIONAL ORGANIZATIONS
ARTICLE 24
1. The contracting parties shall consult within the framework of the joint committee at the request of one of them, in accordance with the procedures defined in Articles 25 and 26:
(a) on air transport issues addressed by international organizations and
(b) on the various aspects of the possible evolution of relations between contracting parties and third countries in the field of air transport, and on the functioning of the relevant elements of bilateral or multilateral agreements concluded in this field.
2. The consultations referred to in paragraph 1er intervene in the month following the application, and as soon as possible in urgent cases.
ARTICLE 25
1. The main objectives of the consultations under Article 24, paragraph 1er(a) are:
(a) jointly determine whether issues raise issues of common interest and
(b) depending on the nature of the problems involved:
* consider jointly whether the action of the contracting parties should be coordinated within the relevant international organizations, or
* jointly consider any other approach that may be appropriate.
2. The Contracting Parties shall exchange any information related to the objectives set out in paragraph 1 as quickly as possible.er.
ARTICLE 26
The main objectives of the consultations under Article 24, paragraph 1er, point (b), are to examine the relevant issues and consider any appropriate approach.
TRANSITIONAL PROVISIONS
ARTICLE 27
1. Protocols I to VIII stop the transitional provisions and periods applicable between the European Community and its Member States, on the one hand, and the associated party concerned, on the other. The relations between Norway and Iceland and an associated party are subject to the same conditions as the relations between the European Community and its member States, on the one hand, and this associated part, on the other.
2. During transitional periods referred to in paragraph 1erthe relevant elements of the air transport regime applicable between two associated parties are determined on the basis of the most restrictive of the two protocols referring to the associated parties in question.
3. The phase-in of each party associated with the full application of the CETA is subject to evaluations. The assessments are carried out by the European Community in cooperation with the associated party concerned. When an associated party is satisfied that the conditions necessary for the completion of a transitional period defined in the corresponding protocol are met, it informs the European Community of the need for an assessment.
4. If the European Community considers that the conditions are met, it informs the Joint Committee and then decides to admit the associated party, as the case may be, to move to the next transitional period or to be an integral part of the European Common Air Area.
5. If the European Community considers that the conditions are not met, it advises the joint committee. The Community recommends specific improvements to the associated party concerned and sets a reasonable time frame for the implementation of these improvements. Prior to the expiry of the implementation period, a second or more evaluation, if any, is conducted to determine whether the recommended improvements have been implemented in an effective and satisfactory manner.
RELATION WITH BILATERAL AGREEMENTS AND ARRANGEMENTS FOR AIR TRANSPORT
ARTICLE 28
1. The provisions of this Agreement shall prevail over those of existing bilateral agreements and/or arrangements for air transport between the associated parties, on the one hand, and the member States of the European Community, Norway or Iceland, on the other hand, as well as between the associated parties.
2. Derogation from paragraph 1erduring the transitional periods referred to in Article 27, the provisions relating to ownership, rights of traffic, capacity, frequencies, type or change of aircraft, the sharing of codes and pricing contained in an agreement and/or a bilateral arrangement in force between a associated party and the European Community, a member State of the EC, Norway or Iceland, or between two associated parties shall apply to the agreement in question, if
3. If a dispute between a party associated with another contracting party on whether, in view of the full implementation of the agreement, the most flexible provisions are those of the protocol relating to the associated party concerned or those of bilateral agreements and/or arrangements, the dispute is the subject of the dispute settlement mechanism provided for in Article 20. Disputes relating to the relationship between non-concordant protocols are settled in the same manner.
BENEFITS AND OTHER PROVISIONS
ARTICLE 29
Entry into force
1. This Agreement shall be subject to ratification or approval by the signatories in accordance with their respective procedures. Instruments of ratification or approval shall be deposited with the General Secretariat of the Council of the European Union (Depositary), which shall notify each of the other signatories and the International Civil Aviation Organization.
2. This Agreement comes into force on the first day of the second month following the date of deposit of instruments of ratification or approval by the European Community and its Member States and at least one associated party. Subsequently, it comes into force for each signatory ratifying or approving this Agreement on the first day of the second month following the deposit by the signatory of its instrument of ratification or approval.
3. Derogation from paragraphs 1er and 2, the European Community and its member States and at least one associated party may decide to apply this Agreement provisionally between them from the date of signature, in accordance with domestic legislation, informing the depositary, who informs the other contracting parties.
ARTICLE 30
Review
At the request of one of the Contracting Parties, and in any event five years after its entry into force, this Agreement shall be subject to review.
ARTICLE 31
Denunciation
1. Each contracting party may denounce the agreement by notification to the depositary, which shall inform the other contracting parties, as well as the International Civil Aviation Organization. If this Agreement is denounced by the European Community and its member States, it ceases to produce its effects one year after the date of notification. If this Agreement is denounced by a Contracting Party to this Agreement, it shall cease to produce its effects in respect of that Contracting Party only one year after the date of notification. However, the air services operating on the expiry date of this Agreement may continue until the end of the aeronautical season of the International Air Transport Association (IATA) that is in progress on that date.
2. When an associated party adheres to the European Union, that party automatically ceases to be a associated party under this Agreement and becomes a member State of the EC.
3. This Agreement ceases to produce its effects or is suspended in respect of an associated party if the corresponding association agreement ceases to produce its effects or is suspended.
ARTICLE 32
EEACE expansion
The European Community may request any State or entity willing to make its legislation in the field of air transport and related areas consistent with that of the Community and with which the Community has established or has undertaken to establish a framework for close economic cooperation, such as an association agreement, to participate in the EEAEC. To this end, Contracting Parties shall amend this Agreement accordingly.
ARTICLE 33
Gibraltar Airport
1. The application of this agreement at the Gibraltar airport is without prejudice to the respective legal positions of the Kingdom of Spain and the United Kingdom regarding the sovereignty dispute in the territory on which the airport is located.
2. The application of this agreement at Gibraltar Airport is delayed until the implementation of the arrangements agreed in the joint declaration of the Ministers of Foreign Affairs of the Kingdom of Spain and the United Kingdom of 2 December 1987.
ARTICLE 34
Languages
This Agreement shall be established in a single copy in the official languages of the institutions of the European Union and Contracting Parties other than the European Community and its Member States, each of these texts being equally authentic.
IN WITNESS WHEREOF, the undersigned plenipotentiaries, duly authorized, have affixed their signature to the bottom of this Agreement.
Done in Luxembourg on 9 June two thousand six.

Annex Ire
REGLES APPLICABLE TO CIVILE AVIATION
The "applicable provisions" of the following acts of the European Community shall apply in accordance with the basic agreement and Annex II concerning horizontal adaptations, unless otherwise provided in this annex or in Protocols I to IX below. Any modifications specific to each of these acts are indicated following the act concerned.
A. Market access and related matters
No. 2407/92
Commission Regulation (EEC) No. 2407/92 of 23 July 1992 concerning the licences of air carriers
Provisions applicable: Articles 1er to 18 and the Annex, except for the reference to Article 226 (ex article 169) of the EC Treaty in Article 13, paragraph 3
No. 2408/92
Commission Regulation (EEC) No. 2408/92 of 23 July 1992 concerning access to intra-community air carriers
as amended or adapted by:
* Article 29 of the Act relating to the conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden
* EEA Joint Committee Decision No. 7/94 of 21 March 1994 amending Protocol 47 and certain annexes to the EEA Agreement
* Article 20 of the act relating to the conditions of accession to the European Union of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic, and to the adaptations of the treaties on which the European Union is founded (hereinafter referred to as the European Union)
Provisions applicable: Articles 1er 15 and annexes IreII and III
No. 2409/92
Commission Regulation (EEC) No. 2409/92 of 23 July 1992 on passenger and air freight rates
Provisions applicable: Articles 1er at 10
No. 95/93
Commission Regulation (EEC) No 95/93 of 18 January 1993, setting common rules with respect to the allocation of time slots at Community airports
as amended by:
* Regulation (EC) No. 894/2002 of the European Parliament and Council of 27 May 2002 amending Regulation (EEC) No. 95/93
* Regulation (EC) No. 1554/2003 of the European Parliament and of the Council of 22 July 2003 amending Regulation (EEC) No. 95/93
* Regulation (EC) No 793/2004 of the European Parliament and Council of 21 April 2004 amending Regulation (EEC) No 95/93
Provisions applicable: Articles 1er 12 and 14 bis, paragraph 2
For the purposes of section 12, paragraph 2, "the Board" must read "the mixed committee".
No. 96/67
Council Directive 96/67/EC of 15 October 1996 on access to the market of stopover assistance in the airports of the Community
Provisions applicable: Articles 1er to 25 and the schedule
For the purposes of the application of Article 10, "member states" must read "member states of the EC".
For the purposes of section 20, paragraph 2, "the Board" must read "the mixed committee".
No. 785/2004
Regulation (EC) No 785/2004 of the European Parliament and Council of 21 April 2004 on insurance requirements for air carriers and aircraft operators
Provisions applicable: Articles 1er 8 and 10, paragraph 2
B. Air traffic management
No. 549/2004
Regulation (EC) No. 549/2004 of the European Parliament and of the Council of 10 March 2004 setting the framework for the realization of the European single sky ("frame regulation")
Provisions applicable: Articles 1er to 4, Article 6 and Articles 9 to 14
No. 550/2004
Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 2004 concerning the provision of air navigation services in the single European sky ("regulation on the provision of services")
Provisions applicable: Articles 1er and Annexes Ire II
No. 551/2004
Regulation (EC) No 551/2004 of the European Parliament and of the Council of 10 March 2004 concerning the organization and use of air space in the European single sky ("Airspace Regulation")
Provisions applicable: Articles 1er to 11
No. 552/2004
Regulation (EC) No 552/2004 of the European Parliament and the Council of 10 March 2004 concerning the interoperability of the European air traffic management network ("interoperability regulation")
Provisions applicable: Articles 1er 12 and annexes Ire V
No. 2096/2005
Commission Regulation (EC) No 2096/2005 of 20 December 2005 establishing common requirements for the provision of air navigation services
Provisions applicable: Articles 1er to 9 and annexes Ire V
No. 2150/2005
Commission Regulation (EC) No 2150/2005 of 23 December 2005 establishing common rules for flexible air space management
Provisions applicable: Articles 1er to 9 and Schedule
C. Aviation security
No. 3922/91
Council Regulation (EEC) No 3922/91 of 16 December 1991 on the harmonization of technical rules and administrative procedures in the field of civil aviation
amended by:
* Commission Regulation (EC) No 2176/96 of 13 November 1996 on adaptation to the scientific and technical progress of Council Regulation (UNECE) No 3922/91
* Commission Regulation (EC) No. 1069/1999, of 25 May 1999, adapting to the scientific and technical progress of Council Regulation (EEC) No. 3922/91
* Commission Regulation (EC) No. 2871/2000 of 28 December 2000 on adaptation to the scientific and technical progress of Regulation (EEC) No. 3922/91 on the harmonization of technical rules and administrative procedures in the field of civil aviation
* Regulation (EC) No 1592/2002 of the European Parliament and Council of 15 July 2002 concerning common rules in the field of civil aviation and establishing a European Aviation Safety Agency
Provisions applicable: Articles 1er to 10, articles 12 and 13, except article 4, paragraph 1erand Article 8, paragraph 2, second sentence, Annexes Ire III.
For the purposes of the application of Article 12, "member states" must read "member states of the EC".
No. 94/56
Council Directive 94/56/EC of 21 November 1994 establishing the fundamental principles governing the investigation of civil aviation accidents and incidents
Provisions applicable: Articles 1er to 12
For the purposes of articles 9 and 12, "the Commission" shall read "all other contracting parties to the ECB".
No. 1592/2002
Regulation (EC) No 1592/2002 of the European Parliament and Council of 15 July 2002 concerning common rules in the field of civil aviation and establishing a European Aviation Safety Agency
amended by:
* Regulation (EC) No 1643/2003 of the European Parliament and Council of 22 July 2003 amending Regulation (EC) No 1592/2002
* Commission Regulation (EC) No 1701/2003 of 24 September 2003 adapting Regulation 6 (EC) No 1592/2002
Provisions applicable: Articles 1er to 57 and annexes Ire II
No. 2003/42
Directive 2003/42/EC of the European Parliament and the Council of 13 June 2003 on the reports of events in civil aviation
Provisions applicable: Articles 1er to 11 and annexes Ire II
No. 1702/2003
Commission Regulation (EC) No 1702/2003 of 24 September 2003 establishing rules for the certification of airworthiness and environmental of aircraft and associated products, parts and equipment, as well as for the certification of design and production bodies
amended by:
* Commission Regulation (EC) No. 381/2005 of 7 March 2005 amending Regulation (EC) No. 1702/2003
Provisions applicable: Articles 1er 4 and the schedule. The transitional periods provided for in these regulations are defined by the joint committee.
No. 2042/2003
Commission Regulation (EC) No 2042/2003 of 20 November 2003 on the maintenance of airworthiness of aircraft and aircraft products, parts and equipment, and on the accreditation of organizations and personnel involved in these tasks
Provisions applicable: Articles 1er to 6 and annexes Ire IV
N° 104/2004
Commission Regulation (EC) No 104/2004 of 22 January 2004 establishing the rules relating to the organization and composition of the board of appeal of the European Aviation Safety Agency
Provisions applicable: Articles 1er to 7 and Schedule
No. 488/2005
Commission Regulation (EC) No 488/2005 of 21 March 2005 on fees and royalties collected by the European Aviation Safety Agency.
No. 2111/2005
Regulation (EC) No 2111/2005 of the European Parliament and of the Council of 14 December 2005 concerning the establishment of a community list of air carriers that are subject to a prohibition of operation in the Community and information of passengers of air transport on the identity of the effective air carrier, and repealing section 9 of Directive 2004/36/EC
Provisions applicable: Articles 1er to 13 and Schedule
D. Air safety
No. 2320/2002
Regulation (EC) No. 2320/2002 of the European Parliament and of the Council of 16 December 2002 on the establishment of common rules in the field of civil aviation safety
amended by:
* Regulation (EC) No. 849/2004 of the European Parliament and Council of 29 April 2004 amending Regulation (EC) No. 2320/2002
Provisions applicable: Articles 1er 12 and Appendix
No. 622/2003
Commission Regulation (EC) No. 622/2003 of 4 April 2003 establishing measures for the implementation of common rules in the field of air safety
amended by:
* Commission Regulation (EC) No. 68/2004 of 15 January 2004 amending Regulation (EC) No. 622/2003
* Commission Regulation (EC) No. 781/2005 of 24 May 2005 amending Regulation (EC) No. 622/2003
* Commission Regulation (EC) No 857/2005 of 6 June 2005 amending Regulation (EC) No 622/2003
Provisions applicable: Articles 1er 5 and Schedule
No. 1217/2003
Commission Regulation (EC) No 1217/2003 of 4 July 2003 stopping the common specifications of national quality control programs in civil aviation safety
Provisions applicable: Articles 1er to 11 and annexes Ire II
No. 1486/2003
Commission Regulation (EC) No 1486/2003 of 22 August 2003 defining the modalities of the Commission's inspections in the field of civil aviation safety
Provisions applicable: Articles 1er to 16
No. 1138/2004
Commission Regulation (EC) No. 1138/2004 of 21 June 2004 establishing a common definition of critical parts of regulated access security zones at airports
Provisions applicable: Articles 1er at 8
E. Environment
N° 89/629
Council Directive 89/629/EEC of 4 December 1989 on the limitation of sound emissions of civilian subsonic aircraft
Provisions applicable: Articles 1er 8.
No. 92/14
Council Directive 92/14/EEC of 2 March 1992 on the limitation of the operation of aircraft under Annex 16 of the International Civil Aviation Convention, volume 1, second part, chapter 2, second edition (1988)
amended by:
* Council Directive 98/20/EC of 30 March 1998 amending Directive 92/14/EEC
* Commission Directive 1999/28/EC of 21 April 1999 amending the Annex to Directive 92/14/EEC
* Commission Regulation (EC) No 991/2001 of 21 May 2001 amending the Annex to Directive 92/14/EEC
Provisions applicable: Articles 1er to 11 and Schedule
N° 2002/30
Directive 2002/30/EC of the European Parliament and of the Council of 26 March 2002 on the establishment of rules and procedures for the introduction of noise-related operating restrictions at Community airports
as amended or adapted by Article 20 of the 2003 Accession Act
Provisions applicable: Articles 1er 15 and annexes Ire II
N° 2002/49
Directive 2002/49/EC of the European Parliament and the Council of 25 June 2002 on the assessment and management of noise in the environment
Provisions applicable: Articles 1er 16 and annexes Ire VI.
F. Social aspects
N° 1989/391
Council Directive 89/391/EEC of 12 June 1989 on the implementation of measures to promote the improvement of the safety and health of workers at work
Provisions applicable: Articles 1er 16 and articles 18 and 19.
No. 2003/88
Directive 2003/88/EC of the European Parliament and the Council of 4 November 2003 on certain aspects of working time development
Provisions applicable: Articles 1er 19, 21-24 and 26-29
No. 2000/79
Council Directive 2000/79/EC of 27 November 2000 on the implementation of the European Agreement on the Development of the Working Time of Mobile Personnel in Civil Aviation, concluded by the Association of European Airlines for Air Navigation (AEA), the European Federation of Transport Workers (ETF), the European Association of Technical Air Operators (ECA), the European Association of Air Companies of the Regions of Europe (ERA) and the International Association
Provisions applicable: Articles 1er to 5
G. Consumer protection
No. 90/314
Council Directive 90/314/EEC of 13 June 1990 on travel, holidays and packages
Provisions applicable: Articles 1er at 10
No. 92/59
Council Directive 92/59/EEC of 29 June 1992 on general product safety
Provisions applicable: Articles 1er to 19
No. 93/13
Council Directive 93/13/EEC of 5 April 1993 on abusive clauses in consumer contracts
Provisions applicable: Articles 1er to 10 and the schedule
For the purposes of Article 10, "the Commission" shall read "all other contracting parties to the ECB".
No. 95/46
Directive 95/46/EC of the European Parliament and the Council of 24 October 1995 on the protection of natural persons with regard to the processing of personal data and the free flow of such data
Provisions applicable: Articles 1er to 34
No. 2027/97
Commission Regulation (EC) No 2027/97 of 9 October 1997 on liability of air carriers in the event of an accident
amended by:
* Regulation (EC) No 889/2002 of the European Parliament and Council of 13 May 2002 amending Regulation (EC) No 2027/97
Provisions applicable: Articles 1er at 8
No. 261/2004
Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules for the compensation and assistance of passengers in the event of refusal of boarding and cancellation or significant delay of a flight, and repealing Regulation (EEC) No 295/91
Provisions applicable: Articles 1er to 17
H. Other legislation
No. 2299/1989
Commission Regulation (EEC) No. 2299/1989 of 24 July 1989, establishing a code of conduct for the use of computerized reservation systems
amended by:
* Council Regulation (EEC) No. 3089/93 of 29 October 1993 amending Regulation (EEC) No. 2299/89
* Council Regulation (EC) No 323/1999 of 8 February 1999 amending Regulation (EEC) No 2299/89
Provisions applicable: Articles 1er to 22 and the schedule
No. 91/670
Council Directive 91/670/EEC of 16 December 1991 on the mutual acceptance of personnel licences to perform functions in civil aviation
Provisions applicable: Articles 1er 8 and Schedule
No. 3925/91
Commission Regulation (EEC) No. 3925/91 of 19 December 1991 on the removal of controls and formalities for hand luggage and baggage of persons carrying out intra-community flight and for baggage of persons carrying out an intra-community marine crossing
Provisions applicable: Articles 1er to 5
No. 437/2003
Regulation (EC) No 437/2003 of the European Parliament and of the Council of 27 February 2003 on statistical data on the transport of passengers, freight and air mail
amended by:
* Regulation (EC) No. 1358/2003 of the Commission of 31 July 2003 concerning the implementation of Regulation (EC) No. 437/2003 of the European Parliament and of the Council and amending the Regulation.
Provisions applicable: Articles 1er to 11 and annexes Ire II
No. 1358/2003
Commission Regulation (EC) No. 1358/2003 of 31 July 2003 concerning the implementation of Regulation (EC) No. 437/2003 of the European Parliament and the Council on statistical data concerning the transport of passengers, freight and air mail and amending the Regulations
Provisions applicable: Articles 1er 4 and Annexes Ire to III
No. 2003/96
Council Directive 2003/96/EC of 27 October 2003 restructuring the community framework for the taxation of energy products and electricity
Applicable provisions: Article 14, paragraph 1er(b) and paragraph 2

ANNEX II
Horizontal adaptations and procedural rules
The provisions of the acts referred to in Appendix Ire apply in accordance with the agreement and to items 1 to 4 of this annex, unless otherwise provided in Appendix Ire. Specific adaptations required for certain acts are provided in Appendix Ire.
This Agreement applies in accordance with the procedural rules set out in paragraphs 5 and 6 of this Schedule.
1. INTRODUCTIVE PARTIES
The preambles of the acts referred to are not suitable for the purposes of this Agreement. They are considered to the extent necessary for the exact interpretation and application, within the framework of this Agreement, of the provisions contained in these acts.
2. PARTICULAR TERMINOLOGY OF ACTS
The following terms used in the acts referred to in Appendix Ireread as follows:
(a) the term "Community" should read "European Common Air Area";
(b) the terms "community law", "community law", "community instruments" and "EC treatment" must read "EACE agreement";
(c) the terms "Community airport" shall read "airports located in the European Common Air Area";
(d) the terms "Official Journal of the European Communities" or "Official Journal of the European Union" shall read "Official Gazette of the Contracting Parties";
e) the term "community air carrier" must be read as "air carrier of the ECB".
3. MENTIONS ON MEMBER STATES
Without prejudice to item 4 of this annex, in all cases where the acts listed in Annex Ire refer to "Member State(s)", these references are deemed to refer not only to the Member States of the European Community, but also to EACE partners.
4. PROVISIONS RELATING TO THE COMMITTEES OF THE EUROPEAN COMMUNITY AND TO THE CONSULTATION OF THE ASSOCIATED PARTIES
The European Commission shall consult with the experts of the associated parties and give them the opportunity to submit their notice whenever the acts referred to in Annex Ire provide that the European Commission consults with the committees of the European Community and that they have the opportunity to issue their opinions.
Each consultation includes a meeting chaired by the European Commission and takes place within the framework of the joint committee, at the invitation of the European Commission and prior to the consultation of the European Community Committee concerned. The European Commission shall provide each associated party with all necessary information, no later than two weeks before the date of the meeting, unless specific circumstances require a shorter period of time.
The associated parties are invited to submit their comments to the European Commission. The European Commission takes due account of the notice issued by the associated parties.
The above provisions are not applicable to the application of the competition rules set out in this Agreement, which are governed by the special consultation procedures set out in Appendix III.
5. COOPERATION ET ECHANGE D'INFORMATIONS
In order to facilitate the exercise of the powers vested in the matter to the competent authorities of the Contracting Parties, such authorities shall exchange, if requested, all the information necessary for the proper operation of this Agreement.
6. MENTIONS ON LANGUAGE
In the procedures established under this Agreement and without prejudice to Annex IV, Contracting Parties shall have the right to make use of any official language of the institutions of the European Union or another Contracting Party. However, Contracting Parties are aware that the use of English facilitates these procedures. If a language that is not an official language of the European Union is used in an official document, a translation is provided simultaneously in an official language of the institutions of the European Union, taking into account the provision contained in the previous sentence. If a Contracting Party intends to use, in oral proceedings, a language that is not an official language of the institutions of the European Union, it shall ensure simultaneous interpretation in English.

ANNEX III
Rules relating to competition and State aid referred to in Article 14 of the main agreement
Article 1er
State monopolies
Each associated party progressively develops commercial state monopolies, so that at the end of the second period covered by the protocol to this agreement containing the transitional measures relating to the associated party concerned, there is no discrimination between the contracting parties with respect to the terms of supply and opportunities. The joint committee is informed of the measures taken to achieve this objective.
Article 2
Reconciliation of legislation to state and competition aid
1. The contracting parties recognize the importance of bringing together existing legislative provisions on State aid and competition with those of the European Community. Each associated party strives to ensure that its existing and future legislation with respect to State and competition aids is progressively compatible with the acquis communautaire.
2. This alignment is initiated at the entry into force of this Agreement and is progressively extended to all elements of the Community provisions in respect of State and competition assistance referred to in this Annex, for the end of the second period defined in the Protocol to this Agreement containing the transitional measures applicable to the associated party concerned. The associated party also defines, in agreement with the European Commission, the modalities for monitoring the implementation of the approximation of legislation and the enforcement measures to be adopted.
Article 3
Competition rules and other economic provisions
1. The following practices are incompatible with the proper functioning of this Agreement, as they may affect trade between two or more contracting parties:
(i) all agreements between companies, all decisions of association of companies and all agreed practices between companies, which are intended or for the purpose of preventing, restricting or distorting competition play;
(ii) the abuse by one or more companies of a dominant position on or in a substantial part of all the territories of the Contracting Parties;
(iii) any State aid that false or threatens to distort competition by promoting certain companies or products.
2. Any practice contrary to this article shall be assessed on the basis of the criteria arising from the application of the competition rules applicable in the European Community, in particular those of articles 81, 82, 86 and 87 of the EC Treaty and interpretative instruments adopted by the community institutions.
3. Each associated party shall ensure that a functionally independent public body is empowered to fully implement paragraph 1er, points (i) and (ii), with regard to private and public enterprises and enterprises with special rights.
4. Each associated party shall designate or establish a functionally independent authority, with the powers necessary for the full application of paragraph 1er(iii) This authority, in particular, has the power to authorize State aid regimes and individual aids in accordance with paragraph 2, and to demand the recovery of State aids illegally granted.
5. Each contracting party ensures transparency in the field of State aids, including by providing other parties with a regular annual report, or an equivalent document, according to the methodology and presentation of community reports on State aids. At the request of a Contracting Party, another Contracting Party shall provide information on specific cases of public assistance.
6. Each associated party shall establish a complete inventory of the assistance plans in place prior to the establishment of the authority referred to in paragraph 4 and shall align these plans with the criteria referred to in paragraph 2.
7. (a) For the purposes of paragraph 1er, point (iii), the contracting parties agree that, during the periods referred to in the protocol in this Agreement containing the transitional measures applicable to an associated party, any official assistance granted by that associated party shall be assessed taking into account that the associated party concerned is considered to be an identical region to the regions of the Community described in Article 87, paragraph 3, point (a), of the Treaty establishing the European Community.
(b) By the expiry of the first period referred to in the Protocol to this Agreement containing the transitional measures applicable to a associated party, this Party shall submit to the European Commission the data concerning the harmonized per capita GDP at the NUTS II level. The authority referred to in paragraph 4 and the European Commission shall then jointly assess the eligibility of the regions of the associated party concerned, as well as the maximum intensity of the corresponding aids, in order to draw up the map of the regional aids on the basis of the community-based guidance in this regard.
8. If one of the contracting parties considers that a practice is incompatible with the provisions of paragraph 1er, it may take appropriate action after consultation with the joint committee or thirty working days after the request for consultation has been received.
9. The contracting parties exchange information taking into account the restrictions imposed by professional and commercial secrecy requirements.

ANNEX IV
Appeal to the Court of Justice of the European Communities
1. General principles relating to Article 16 of the Agreement
1. The procedures defined by the Court of Justice of the European Communities (hereinafter referred to as "Cour of Justice") in the matter of prejudicial dismissal within the European Community apply, if any. Where the preliminary ruling is pronounced, the jurisdiction of the contracting party shall apply the interpretation decided by the Court of Justice.
2. The Contracting Parties shall have the right, within the framework of this Agreement, to submit comments to the Court of Justice in the same way as the States members of the EC.
2. Scope and modalities of the procedure provided for in Article 16, paragraph 2, of the Agreement
1. Where, pursuant to Article 16, paragraph 2, second sentence, a contracting party adopts a decision on the scope and application of the Court of Justice, that decision states:
(a) that any jurisdiction of the contracting party whose decisions are not subject to a judicial remedy of domestic law requires the Court of Justice to make a preliminary determination on a matter raised in a pending case before it and relating to the validity or interpretation of an act referred to in Article 16, paragraph 2, where it considers that a decision on this matter is necessary to render its judgment,
(b) that any jurisdiction of that Contracting Party shall have the power to request the Court of Justice to make a preliminary ruling on a matter raised in a pending case before it and relating to the validity or interpretation of an act referred to in Article 16, paragraph 2, where it considers that a decision on this matter is necessary to render its judgment,
2. The terms and conditions for the application of Article 16, paragraph 2, are based on the principles set out in the legal provisions governing the functioning of the Court of Justice, including the relevant provisions of the EC Treaty, the Statute and Rules of Procedure of the Court of Justice, and the jurisprudence of the Court of Justice. In the case that it makes a decision on the terms and conditions of application of this provision, the Contracting Party shall also take into account the practical indications issued by the Court of Justice in the Information Note on the introduction of prejudicial proceedings by national courts.
3. Seizure in accordance with Article 20, paragraph 3, of the Agreement
Disputes submitted to the Court of Justice pursuant to Article 20, paragraph 3, of the Agreement shall be treated in the same manner as the disputes before it under Article 239 of the EC Treaty.
4. Use of languages for referral to the Court of Justice
The contracting parties have the right to use, in proceedings before the Court of Justice as defined in the agreement, any official language of the institutions of the European Union or any other contracting party. Any official document written in a language that is not an official language of the institutions of the European Union is accompanied by a French translation presented simultaneously. If a contracting party intends to use, in oral proceedings, a language that is not an official language of the institutions of the European Union, it ensures simultaneous interpretation in French.

Annex V
PROTOCOL I
TRANSITIONAL PROVISIONS BETWEEN EUROPEAN COMMUNITY AND MEMBERS, OF A PART, AND THE REPUBLIC OF ALBANIA, OF A PART
Article 1er
Transitional periods
1. The first transitional period begins at the entry into force of this Agreement to end once it has been verified, on the basis of an assessment made by the European Community, that the Republic of Albania, hereafter referred to as "Albania", has fulfilled all the conditions provided for in Article 2, paragraph 1erThis protocol.
2. The second transitional period begins at the end of the first transitional period to end once it has been verified, on the basis of an assessment by the European Community, that Albania has fulfilled all the conditions set out in Article 2, paragraph 2, of this Protocol.
Article 2
Conditions for transition
1. At the end of the first transitional period, Albania
(i) is a full member of the Joint Aviation Authorities (JAA) and endeavours to implement all aviation safety legislation referred to in Annex Ire;
ii) applies CCA document 30 and strives to implement all the air safety legislation referred to in Appendix Ire;
(iii) applies Regulation (EEC) No. 3925/91 (on the removal of controls and formalities for hand luggage and cargo of cargo), Regulation (EEC) No. 2409/92 (on the tariffs of passengers and cargo of air services), Directive 94/56/EC (in respect of accident and incident investigations), Regulation (EC) No. 2027/97 (in respect of the liability of air carriersre;
(iv) separates the air traffic management service provider from the national regulatory agency, creates a national air traffic monitoring agency, undertakes the organization of its air space in functional block(s) and implements a flexible management of its airspace;
(v) ratifies the Convention for the Unification of Certain International Air Transport Rules (Montreal Agreement);
(vi) has made sufficient progress in the implementation of the rules relating to State and competition assistance provided for in an agreement referred to in article 14, paragraph 1erthe main agreement or Schedule III, as applicable.
2. At the end of the second transitional period, Albania applies this Agreement, including all of the legislation mentioned in Appendix Ire.
Article 3
Transitional provisions
1. Notwithstanding section 1erparagraph 1er, of the main agreement,
(a) during the first transitional period:
(i) community air carriers and air carriers licensed by Albania are authorized to exercise unlimited traffic rights between any point in Albania and any point in a member state of the EC;
(ii) community air carriers may not be held predominantly or effectively controlled by Albania or its nationals, and air carriers licensed by Albania may not be held predominantly or effectively controlled by States members of the EC or their nationals;
(b) during the second transitional period:
(i) community air carriers and air carriers licensed by Albania are authorized to exercise traffic rights under subsection 1er(a) under (i);
(ii) community air carriers are authorized to exercise unlimited traffic rights between points in Albania and other associated parties, and are authorized to change at any point of aircraft, provided that the flight is part of a service serving a point in a member state of the EC;
(iii) air carriers with a licence issued by Albania are authorized to exercise unlimited traffic rights between points located in different EC Member States and are authorized to change at any time of aircraft, provided that the flight is part of a service serving a point in Albania.
2. For the purposes of this article, "community air carrier" means an air carrier licensed by a member state of the EC, Norway or Iceland.
3. Sections 7 and 8 of the main agreement do not apply until the end of the second transitional period, without prejudice to the obligation of Albania and the Community, respectively, to grant operating licences, as from the end of the first transitional period, in accordance with the acts referred to in Appendix Ireto carriers held predominantly or effectively controlled by the member States of the EC or their nationals and carriers held predominantly or effectively controlled by Albania or its nationals.
Article 4
Aviation security
1. At the beginning of the first transitional period, Albania participates as an observer in the work of the European Aviation Safety Agency.
2. At the end of the second transitional period, the joint committee established under Article 18 of the main agreement determines the exact status and conditions of participation of Albania within the European Aviation Safety Agency.
3. Until the end of the second transitional period, the European Community may, if it finds security deficiencies, require that the authorization granted to an air carrier licensed by Albania to operate air links to, at the outset or within the Community be subject to a specific security check. This security check is carried out by the European Community at short notice in order to avoid excessive delays in the exercise of traffic rights.
Article 5
Air safety
1. At the beginning of the second transitional period, the confidential portion of the security legislation referred to in Appendix Ire is made available to the competent authority of Albania.
2. Until the end of the second transitional period, the European Community may, if it finds safety deficiencies, require that the authorization granted to an air carrier licensed by Albania to operate air links to, at the outset or within the Community be subject to a specific security check. This safety check is carried out by the European Community at short notice in order to avoid excessive delays in the exercise of traffic rights.
PROTOCOL II
TRANSITIONAL PROVISIONS BETWEEN EUROPEAN COMMUNITY AND MEMBERS, OF A PART, AND BOSNIA AND HERZEGOVINA, OF A PART
Article 1er
Transitional periods
1. The first transitional period begins at the entry into force of this Agreement to end only once it has been verified, on the basis of an assessment by the European Community, that Bosnia and Herzegovina has fulfilled all the conditions set out in Article 2, paragraph 1erThis protocol.
2. The second transitional period begins at the end of the first transitional period to end once it has been verified, on the basis of an assessment by the European Community, that Bosnia and Herzegovina has fulfilled all the conditions set out in Article 2, paragraph 2, of this Protocol.
Article 2
Conditions for transition
1. At the end of the first transitional period, Bosnia and Herzegovina
(i) is a full member of the Joint Aviation Authorities (JAA) and endeavours to implement all aviation safety legislation referred to in Annex Ire;
ii) applies CCA document 30 and strives to implement all the air safety legislation referred to in Appendix Ire;
(iii) applies Regulation (EEC) No. 3925/91 (on the deletion of controls and formalities for hand luggage and cargo of cargo), Regulation (EEC) No. 2409/92 (on the passenger and cargo rates of air services), Directive 94/56/EC (in respect of accident and incident investigations), Directive 96/67/EC (in respect of liability assistance),re of this Agreement;
(iv) ratifies the Convention for the Unification of Certain International Air Transport Rules (Montreal Agreement);
(v) has made sufficient progress in the implementation of the rules on State aid and competition provided for in an agreement referred to in article 14, paragraph 1erthe main agreement or Schedule III to this Agreement, as the case may be.
(2) At the end of the second transitional period, Bosnia and Herzegovina
(i) Separate the air traffic management service provider from the national regulatory agency, establish a national air traffic monitoring agency, undertakes the organization of its air space in functional block(s) and implements flexible air space management;
ii) applies this Agreement, including all of the legislation referred to in Appendix Ire.
Article 3
Transitional provisions
1. Notwithstanding section 1erparagraph 1er, of the main agreement,
(a) during the first transitional period:
(i) community air carriers and air carriers licensed by Bosnia and Herzegovina are authorized to exercise unlimited traffic rights between any point in Bosnia and Herzegovina and any point in a member state of the EC;
(ii) community air carriers may not be held predominantly or effectively controlled by Bosnia and Herzegovina or its nationals, and air carriers licensed by Bosnia and Herzegovina may not be held predominantly or effectively controlled by States members of the EC or their nationals;
(b) during the second transitional period:
(i) community air carriers and air carriers licensed by Bosnia and Herzegovina are authorized to exercise the traffic rights set out in paragraph 1er(a) under (i);
(ii) Community air carriers are authorized to exercise unlimited traffic rights between points in Bosnia and Herzegovina and other associated parties and are authorized to change at any point of aircraft, provided that the flight is part of a service serving a point in a member state of the EC;
(iii) air carriers with a licence issued by Bosnia and Herzegovina are authorized to exercise unlimited traffic rights between points in different locations EEC member states and are allowed to change at any point of aircraft, provided the flight is part of a service serving a point in Bosnia and Herzegovina.
2. For the purposes of this article, "community air carrier" means an air carrier licensed by a member state of the EC, Norway or Iceland.
3. Sections 7 and 8 of the main agreement do not apply until the end of the second transitional period, without prejudice to the obligation of Bosnia and Herzegovina and the Community, respectively, to grant operating licences, as from the end of the first transitional period, in accordance with the acts referred to in Annex Ireto carriers held predominantly or effectively controlled by member States of the EC or their nationals and carriers held predominantly or effectively controlled by Bosnia and Herzegovina or its nationals.
Article 4
Aviation security
1. At the beginning of the first transitional period, Bosnia and Herzegovina participates as an observer in the work of the European Aviation Safety Agency.
2. At the end of the second transitional period, the joint committee established under Article 18 of the main agreement determines the exact status and conditions of participation of Bosnia and Herzegovina within the European Aviation Safety Agency.
3. Until the end of the second transitional period, the European Community may, if it finds security deficiencies, require that the authorization granted to a licensed air carrier issued by Bosnia and Herzegovina to operate air links to, at the outset or within the Community be subject to a specific security check. This security check is carried out by the European Community at short notice in order to avoid excessive delays in the exercise of traffic rights.
Article 5
Air safety
1. At the beginning of the second transitional period, the confidential portion of the security legislation referred to in Appendix Ire is made available to the competent authority of Bosnia and Herzegovina.
2. Until the end of the second transitional period, the European Community may, if it finds safety deficiencies, require that the authorization granted to an air carrier licensed by Bosnia and Herzegovina to operate air links to, at the outset or within the Community be subject to a specific safety check. This safety check is carried out by the European Community at short notice in order to avoid excessive delays in the exercise of traffic rights.
PROTOCOL III
TRANSITIONAL PROVISIONS BETWEEN EUROPEAN COMMUNITY AND MEMBERS, OF A PART, AND THE REPUBLIC OF BULGARIA, OF A PART
Article 1er
Transitional period
1. The transitional period begins at the entry into force of this Agreement to end once it has been verified, on the basis of an assessment by the European Community, that the Republic of Bulgaria, referred to as "Bulgaria", has fulfilled all the conditions set out in Article 2 of this Protocol, and at the latest, on the date of Bulgaria's accession to the European Union.
2. In the case of Bulgaria, the references to the "second transitional period" contained in this Agreement or its annexes refer to the transitional period referred to in paragraph 1er.
Article 2
Conditions for transition
At the end of the transitional period, Bulgaria applies this Agreement, including all of the legislation mentioned in Annex Irein accordance with Article 3 of the main agreement.
Article 3
Transitional provisions
1. Notwithstanding section 1erparagraph 1er, of the main agreement,
during the transitional period:
(i) community air carriers and air carriers licensed by Bulgaria are authorized to exercise unlimited traffic rights between any point in Bulgaria and any point in a member State of the EC;
(ii) community air carriers are authorized to exercise unlimited traffic rights between points in Bulgaria and other associated parties and are authorized to change at any point of aircraft, provided that the flight is part of a service serving a point in a member state of the EC;
(iii) air carriers licensed by Bulgaria are authorized to exercise unlimited traffic rights between points located in different locations Member States of the EC and are allowed to change at any point of aircraft, provided the flight is part of a service serving a point in Bulgaria.
2. For the purposes of this article, "community air carrier" means an air carrier licensed by a member state of the EC, Norway or Iceland.
3. Sections 7 and 8 of the main agreement do not apply until the end of the transitional period, without prejudice to the obligation of Bulgaria and the Community, respectively, to grant operating licences, from the beginning of the transitional period, in accordance with the acts referred to in Annex Ireto carriers held predominantly or effectively controlled by the member States of the EC or their nationals and carriers held predominantly or effectively controlled by Bulgaria or its nationals.
Article 4
Aviation security
1. At the end of the transitional period, the joint committee established under Article 18 of the main agreement determines the exact status and conditions of participation of Bulgaria within the European Aviation Safety Agency.
2. Until the end of the transitional period, the European Community may, if it finds security deficiencies, require that the authorization granted to a licensed air carrier issued by Bulgaria to operate air links to, at the outset or within the Community be subject to a specific security check. This security check is carried out by the European Community at short notice in order to avoid excessive delays in the exercise of traffic rights.
Article 5
Air safety
Until the end of the transitional period, the European Community may, if it finds safety deficiencies, require that the authorization granted to a licensed air carrier issued by Bulgaria to operate air links to, at the outset or within the Community be subject to a specific safety check. This safety check is carried out by the European Community at short notice in order to avoid excessive delays in the exercise of traffic rights.
PROTOCOL IV
TRANSITIONAL PROVISIONS BETWEEN EUROPEAN COMMUNITY AND MEMBERS, OF A PART, AND THE REPUBLIC OF CROATIA, OF A PART
Article 1er
Transitional periods
1. The first transitional period begins at the entry into force of this Agreement to end once it has been verified, on the basis of an assessment by the European Community, that the Republic of Croatia, referred to as "Croatian", has fulfilled all the conditions set out in Article 2, paragraph 1erThis protocol.
2. The second transitional period begins at the end of the first transitional period to end once it has been verified, on the basis of an assessment by the European Community, that Croatia has fulfilled all the conditions set out in Article 2, paragraph 2, of this Protocol.
Article 2
Conditions for transition
1. At the end of the first transitional period, Croatia
(i) is a full member of the Joint Aviation Authorities (JAA) and endeavours to implement all aviation safety legislation referred to in Annex Ire;
ii) applies CCA document 30 and strives to implement all the air safety legislation referred to in Appendix Ire;
(iii) applies Regulation (EEC) No. 3925/91 (on the deletion of controls and formalities for hand luggage and cargo of cargo), Regulation (EEC) No. 2409/92 (on the passenger and cargo rates of air services), Directive 94/56/EC (in respect of accident and incident investigations), Directive 96/67/EC (in respect of liability assistance),re;
(iv) separates the air traffic management service provider from the national regulatory agency, creates a national air traffic monitoring agency, undertakes the organization of its air space in functional block(s) and implements a flexible management of its airspace;
(v) ratifies the Convention for the Unification of Certain International Air Transport Rules (Montreal Agreement);
(vi) has made sufficient progress in the implementation of the rules relating to State and competition assistance provided for in an agreement referred to in article 14, paragraph 1erthe main agreement or Schedule III to this Agreement, as the case may be.
2. At the end of the second transitional period, Croatia applies this Agreement, including all of the legislation mentioned in Annex Ire.
Article 3
Transitional provisions
1. Notwithstanding section 1erparagraph 1er, of the main agreement,
(a) during the first and second transitional periods, community air carriers and air carriers licensed by Croatia are authorized to exercise unlimited traffic rights between any point in Croatia and any point in a Member State of the EC;
(b) during the second transitional period:
(i) community air carriers and air carriers licensed by Croatia are authorized to exercise traffic rights under subsection 1er(a)
(ii) community air carriers are authorized to exercise unlimited traffic rights between points in Croatia and other associated parties and are authorized to change at any point of aircraft, provided that the flight is part of a service serving a point in a member state of the EC;
(iii) air carriers licensed by Croatia are authorized to exercise unlimited traffic rights between points in different locations Member States of the EC and are authorized to change at any point of aircraft, provided that the flight is part of a service serving a point in Croatia.
(c) Until the end of the second transitional period, community air carriers may not be held predominantly or effectively controlled by Croatia or its nationals, and air carriers licensed by Croatia may not be held predominantly or effectively controlled by member States of the EC or their nationals.
2. For the purposes of this article, "community air carrier" means an air carrier licensed by a member state of the EC, Norway or Iceland.
3. Sections 7 and 8 of the main agreement shall not apply until the end of the second transitional period, without prejudice to the obligation of Croatia and the Community, respectively, to grant operating licences, as from the end of the first transitional period, in accordance with the acts referred to in Annex Ireto carriers held predominantly or effectively controlled by member States of the EC or their nationals and carriers held predominantly or effectively controlled by Croatia or its nationals.
Article 4
Aviation security
1. At the beginning of the first transitional period, Croatia participates as an observer in the work of the European Aviation Safety Agency.
2. At the end of the second transitional period, the joint committee established under Article 18 of the main agreement determines the exact status and conditions of participation of Croatia within the European Aviation Safety Agency.
3. Until the end of the second transitional period, the European Community may, if it finds security deficiencies, require that the authorization granted to a licensed air carrier issued by Croatia to operate air links to, at the outset or within the Community be subject to a specific security check. This security check is carried out by the European Community at short notice in order to avoid excessive delays in the exercise of traffic rights.
Article 5
Air safety
1. At the beginning of the second transitional period, the confidential portion of the security legislation referred to in Appendix Ire is made available to the competent authority of Croatia.
2. Until the end of the second transitional period, the European Community may, if it finds safety deficiencies, require that the authorization granted to a licensed air carrier issued by Croatia to operate air links to, at the outset or within the Community be subject to a specific safety check. This safety check is carried out by the European Community at short notice in order to avoid excessive delays in the exercise of traffic rights.
PROTOCOLE V
TRANSITIONAL PROVISIONS BETWEEN EUROPEAN COMMUNITY AND MEMBERS, OF A PART, AND THE REPUBLIC YUGOSLAVIA OF MACEDOINE, TO BE PART
Article 1er
Transitional periods
1. The first transitional period begins at the entry into force of this Agreement to end once it has been verified, on the basis of an assessment by the European Community, that the former Yugoslav Republic of Macedonia has fulfilled all the conditions set out in Article 2, paragraph 1erThis protocol.
2. The second transitional period begins at the end of the first transitional period to complete once it has been verified, on the basis of an assessment by the European Community, that the former Yugoslav Republic of Macedonia has fulfilled all the conditions set out in Article 2, paragraph 2, of this Protocol.
Article 2
Conditions for transition
1. At the end of the first transitional period, the former Yugoslav Republic of Macedonia
(i) is a full member of the Joint Aviation Authorities (JAA) and endeavours to implement all aviation safety legislation referred to in Annex Ire;
ii) applies CCA document 30 and strives to implement all the air safety legislation referred to in Appendix Ire;
(iii) applies Regulation (EEC) No. 3925/91 (on the removal of controls and formalities for hand luggage and cargo of cargo), Regulation (EEC) No. 2409/92 (on the tariffs of passengers and cargo of air services), Directive 94/56/EC (in respect of accident and incident investigations), Directive 96/67/EC (in relation to the accounts for assistance in port of call), Directive 2003/42/EC (re;
(iv) separates the air traffic management service provider from the national regulatory agency, creates a national air traffic monitoring agency, undertakes the organization of its air space in functional block(s) and implements a flexible management of its airspace;
(v) ratifies the Convention for the Unification of Certain International Air Transport Rules (Montreal Agreement);
(vi) has made sufficient progress in the implementation of the rules relating to State and competition assistance provided for in an agreement referred to in article 14, paragraph 1erthe main agreement or Schedule III to this Agreement, as the case may be.
(2) At the end of the second transitional period, the former Yugoslav Republic of Macedonia applies this Agreement, including all legislation set out in Appendix Ire.
Article 3
Transitional provisions
(1) Notwithstanding section 1erparagraph 1er, of the main agreement,
(a) during the first transitional period:
(i) community air carriers and air carriers licensed by the former Yugoslav Republic of Macedonia will be allowed to exercise unlimited traffic rights between any point in the former Yugoslav Republic of Macedonia and any point in a member State of the EC;
(ii) community air carriers may not be held predominantly or effectively controlled by the former Yugoslav Republic of Macedonia or its nationals, and air carriers licensed by the former Yugoslav Republic of Macedonia may not be held predominantly or effectively controlled by States members of the EC or their nationals;
(b) during the second transitional period:
(i) community air carriers and air carriers licensed by the former Yugoslav Republic of Macedonia are authorized to exercise traffic rights under paragraph 1er(a) under (i);
(ii) Community air carriers are authorized to exercise unlimited traffic rights between points in the former Yugoslav Republic of Macedonia and other associated parties and are authorized to change at any point of aircraft, provided that the flight is part of a service serving a point in a Member State of the EC;
(iii) air carriers licensed by the former Yugoslav Republic of Macedonia are authorized to exercise unlimited traffic rights between points located in different locations Member States of the EC and are authorized to change at any point of aircraft, provided that the flight is part of a service serving a point in the former Yugoslav Republic of Macedonia.
(2) For the purposes of this article, "community air carrier" means an air carrier licensed by a member state of the EC, Norway or Iceland.
(3) Sections 7 and 8 of the main agreement shall not apply until the end of the second transitional period, without prejudice to the obligation of the former Yugoslav Republic of Macedonia and the Community, respectively, to grant, as from the end of the first transitional period, licences to operate in accordance with the acts referred to in Annex Ireto carriers held predominantly or effectively controlled by the member States of the EC or their nationals and carriers held predominantly or effectively controlled by the former Yugoslav Republic of Macedonia or its nationals.
Article 4
Application of certain legislative provisions by the former Yugoslav Republic of Macedonia
Notwithstanding Article 2 of this Protocol, at the entry into force of this Agreement, the former Yugoslav Republic of Macedonia
(i) implement in practice the Convention for the Unification of Certain International Air Transport Rules (Montreal Agreement);
(ii) require air carriers licensed by the former Yugoslav Republic of Macedonia to comply with Regulation (EC) No. 261/2004;
(iii) denounces or aligns with community legislation the contract between the government of the former Yugoslav Republic of Macedonia and Macedonian Airlines (MAT).
Article 5
Aviation security
1. At the beginning of the first transitional period, the former Yugoslav Republic of Macedonia participates as an observer in the work of the European Aviation Safety Agency.
2. At the end of the second transitional period, the joint committee established under Article 18 of the main agreement determines the exact status and conditions of participation of the former Yugoslav Republic of Macedonia within the European Aviation Safety Agency.
3. Until the end of the second transitional period, the European Community may, if it finds security deficiencies, require that the authorization granted to a licensed air carrier issued by the former Yugoslav Republic of Macedonia to operate air links to, at the outset or within the Community be subject to a specific security check. This security check is carried out by the European Community at short notice in order to avoid excessive delays in the exercise of traffic rights.
Article 6
Air safety
1. At the beginning of the second transitional period, the confidential portion of the security legislation referred to in Appendix Ire is made available to the competent authority of the former Yugoslav Republic of Macedonia.
2. Until the end of the second transitional period, the European Community may, if it finds safety deficiencies, require that the authorization granted to a licensed air carrier issued by the former Yugoslav Republic of Macedonia to operate air links to, at the outset or within the Community be subject to a specific security check. This safety check is carried out by the European Community at short notice in order to avoid excessive delays in the exercise of traffic rights.
PROTOCOL VI
TRANSITIONAL PROVISIONS BETWEEN EUROPEAN COMMUNITY AND MEMBERS, OF A PART, AND THE REPUBLIC OF SERBIA, OF A PART
Article 1er
Transitional periods
(1) The first transitional period begins at the entry into force of this Agreement to end once it has been verified, on the basis of an assessment by the European Community, that the Republic of Serbia has fulfilled all the conditions set out in Article 2, paragraph 1erThis protocol.
(2) The second transitional period begins at the end of the first transitional period to complete once it has been verified, on the basis of an assessment by the European Community, that the Republic of Serbia has fulfilled all the conditions set out in Article 2, paragraph 2, of this Protocol.
Article 2
Conditions for transition
1. At the end of the first transitional period, the Republic of Serbia
(i) is a full member of the Joint Aviation Authorities (JAA) and endeavours to implement all aviation safety legislation referred to in Annex Ire;
ii) applies CCA document 30 and strives to implement all the air safety legislation referred to in Appendix Ire;
(iii) applies Regulation (EEC) No. 3925/91 (on the deletion of controls and formalities for hand luggage and cargo of cargo), Regulation (EEC) No. 2409/92 (on the passenger and cargo rates of air services), Directive 94/56/EC (in respect of accident and incident investigations), Directive 96/67/EC (in respect of liability assistance),re;
(iv) separates the air traffic management service provider from the regulatory agency of the Republic of Serbia, creates an air traffic monitoring agency for the Republic of Serbia, undertakes the organization of its air space in functional block(s) and implements flexible management of its airspace;
(v) ratifies the Convention for the Unification of Certain International Air Transport Rules (Montreal Agreement);
(vi) has made sufficient progress in the implementation of the rules relating to State and competition assistance provided for in an agreement referred to in article 14, paragraph 1erthe main agreement or Schedule III to this Agreement, as the case may be.
2. At the end of the second transitional period, the Republic of Serbia applies this Agreement, including all of the legislation mentioned in Annex Ire.
Article 3
Transitional provisions
1. Notwithstanding section 1erparagraph 1er, of the main agreement,
(a) during the first transitional period:
(i) community air carriers and air carriers licensed by the Republic of Serbia are authorized to exercise unlimited traffic rights between any point in the Republic of Serbia and any point in a Member State of the EC;
(ii) community air carriers may not be held predominantly or effectively controlled by the Republic of Serbia or its nationals, and air carriers licensed by the Republic of Serbia may not be held predominantly or effectively controlled by States members of the EC or their nationals;
(b) during the second transitional period:
(i) community air carriers and air carriers licensed by the Republic of Serbia are authorized to exercise the traffic rights set out in paragraph 1er(a) under (i);
(ii) community air carriers are authorized to exercise unlimited traffic rights between points in the Republic of Serbia and other associated parties and are authorized to change at any point of aircraft, provided that the flight is part of a service serving a point in a member state of the EC;
(iii) air carriers licensed by the Republic of Serbia are authorized to exercise unlimited traffic rights between points in different locations Member States of the EC and are authorized to change at any point of aircraft, provided that the flight is part of a service serving a point in the Republic of Serbia.
2. For the purposes of this article, "community air carrier" means an air carrier licensed by a member state of the EC, Norway or Iceland.
3. Sections 7 and 8 of the main agreement shall not apply until the end of the second transitional period, without prejudice to the obligation of the Republic of Serbia and the Community, respectively, to grant operating licences, as from the end of the first transitional period, in accordance with the acts referred to in Annex Ireto carriers held predominantly or effectively controlled by the States members of the EC or their nationals and carriers held predominantly or effectively controlled by the Republic of Serbia or its nationals.
Article 4
Aviation security
1. At the beginning of the first transitional period, the Republic of Serbia participates as an observer in the work of the European Aviation Safety Agency.
2. At the end of the second transitional period, the joint committee established under Article 18 of the main agreement determines the exact status and conditions of participation of the Republic of Serbia within the European Aviation Safety Agency.
3. Until the end of the second transitional period, the European Community may, if it finds security deficiencies, require that the authorization granted to a licensed air carrier issued by the Republic of Serbia to operate air links to, at the outset or within the Community be subject to a specific security check. This security check is carried out by the European Community at short notice in order to avoid excessive delays in the exercise of traffic rights.
Article 5
Air safety
1. At the beginning of the second transitional period, the confidential portion of the security legislation referred to in Appendix Ire is made available to the competent authority of the Republic of Serbia.
2. Until the end of the second transitional period, the European Community may, if it finds safety deficiencies, require that the authorization granted to a licensed air carrier issued by the Republic of Serbia to operate air links to, at the outset or within the Community be subject to a specific security check. This safety check is carried out by the European Community at short notice in order to avoid excessive delays in the exercise of traffic rights.
PROTOCOL VII
TRANSITIONAL PROVISIONS BETWEEN EUROPEAN COMMUNITY AND MEMBERS, OF A PART, AND THE REPUBLIC OF MONTENEGRO, OF A PART
Article 1er
Transitional periods
(1) The first transitional period begins at the entry into force of this Agreement to end once it has been verified, on the basis of an assessment by the European Community, that the Republic of Montenegro has fulfilled all the conditions set out in Article 2, paragraph 1erThis protocol.
(2) The second transitional period begins at the end of the first transitional period to complete once it has been verified, on the basis of an assessment by the European Community, that the Republic of Montenegro has fulfilled all the conditions set out in Article 2, paragraph 2, of this Protocol.
Article 2
Conditions for transition
1. At the end of the first transitional period, the Republic of Montenegro
(i) is a full member of the Joint Aviation Authorities (JAA) and endeavours to implement all aviation safety legislation referred to in Annex Ire;
ii) applies CCA document 30 and strives to implement all the air safety legislation referred to in Appendix Ire;
(iii) applies Regulation (EEC) No. 3925/91 (on the deletion of controls and formalities for hand luggage and cargo of cargo), Regulation (EEC) No. 2409/92 (on the passenger and cargo rates of air services), Directive 94/56/EC (in respect of accident and incident investigations), Directive 96/67/EC (in respect of liability assistance),re;
(iv) separates the air traffic management service provider from the regulatory agency of the Republic of Montenegro, creates an air traffic monitoring agency for the Republic of Montenegro, undertakes the organization of its operating block(s) airspace and implements flexible management of its airspace;
(v) ratifies the Convention for the Unification of Certain International Air Transport Rules (Montreal Agreement);
(vi) has made sufficient progress in the implementation of the rules relating to State and competition assistance provided for in an agreement referred to in article 14, paragraph 1erthe main agreement or Schedule III to this Agreement, as the case may be.
2. At the end of the second transitional period, the Republic of Montenegro applies this Agreement, including all of the legislation mentioned in Annex Ire.
Article 3
Transitional provisions
1. Notwithstanding section 1erparagraph 1er, of the main agreement,
(a) during the first transitional period:
(i) community air carriers and air carriers licensed by the Republic of Montenegro are authorized to exercise unlimited traffic rights between any point in the Republic of Montenegro and any point in a Member State of the EC;
(ii) community air carriers may not be held predominantly or effectively controlled by the Republic of Montenegro or its nationals, and air carriers licensed by the Republic of Montenegro may not be held predominantly or effectively controlled by States members of the EC or their nationals;
(b) during the second transitional period:
(i) community air carriers and air carriers licensed by the Republic of Montenegro are authorized to exercise traffic rights under paragraph 1, (a), under (i);
(ii) community air carriers are authorized to exercise unlimited traffic rights between points in the Republic of Montenegro and other associated parties and are authorized to change at any point of aircraft, provided that the flight is part of a service serving a point in a member state of the EC;
(iii) air carriers licensed by the Republic of Montenegro are authorized to exercise unlimited traffic rights between points in different locations EEC member states and are allowed to change at any point of aircraft, provided the flight is part of a service serving a point in the Republic of Montenegro.
2. For the purposes of this article, "community air carrier" means an air carrier licensed by a member state of the EC, Norway or Iceland.
3. Sections 7 and 8 of the main agreement shall not apply until the end of the second transitional period, without prejudice to the obligation of the Republic of Montenegro and the Community, respectively, to grant operating licences, as from the end of the first transitional period, in accordance with the acts referred to in Annex Ireto carriers held predominantly or effectively controlled by the member States of the EC or their nationals and carriers held predominantly or effectively controlled by the Republic of Montenegro or its nationals.
Article 4
Aviation security
1. At the beginning of the first transitional period, the Republic of Montenegro participates as an observer in the work of the European Aviation Safety Agency.
2. At the end of the second transitional period, the joint committee established under Article 18 of the main agreement determines the exact status and conditions of participation of the Republic of Montenegro within the European Aviation Safety Agency.
3. Until the end of the second transitional period, the European Community may, if it finds security deficiencies, require that the authorization granted to a licensed air carrier issued by the Republic of Montenegro to operate air links to, at the outset or within the Community be subject to a specific security check. This security check is carried out by the European Community at short notice in order to avoid excessive delays in the exercise of traffic rights.
Article 5
Air safety
1. At the beginning of the second transitional period, the confidential portion of the security legislation referred to in Appendix Ire is made available to the competent authority of the Republic of Montenegro.
2. Until the end of the second transitional period, the European Community may, if it finds safety deficiencies, require that the authorization granted to a licensed air carrier issued by the Republic of Montenegro to operate air links to, at the outset or within the Community be subject to a specific security check. This safety check is carried out by the European Community at short notice in order to avoid excessive delays in the exercise of traffic rights.
PROTOCOL VIII
TRANSITIONAL PROVISIONS BETWEEN EUROPEAN COMMUNITY AND MEMBERS, OF A PART, AND THE ROMANIA, OF A PART
Article 1er
Transitional period
1. The transitional period begins at the entry into force of this Agreement to end once it has been verified, on the basis of an assessment by the European Community, that Romania has fulfilled all the conditions referred to in Article 2 of this Protocol.
2. In the case of Romania, the references to the "second transitional period" contained in this Agreement or its annexes refer to the transitional period referred to in paragraph 1er.
Article 2
Conditions for transition
At the end of the transitional period, Romania applies this Agreement, including all of the legislation mentioned in Annex Ire.
Article 3
Transitional provisions
(1) Notwithstanding section 1erparagraph 1erduring the transitional period:
(i) Community air carriers and air carriers licensed by Romania are authorized to exercise unlimited traffic rights between any point in Romania and any point in a Member State of the EC;
(ii) community air carriers are authorized to exercise unlimited traffic rights between points in Romania and other associated parties and are authorized to change at any point of aircraft, provided that the flight is part of a service serving a point in a member state of the EC;
(iii) air carriers licensed by Romania are authorized to exercise unlimited traffic rights between points in different locations Member States of the EC and are authorized to change at any point of aircraft, provided that the flight is part of a service serving a point in Romania.
(2) For the purposes of this article, "community air carrier" means an air carrier licensed by a member state of the EC, Norway or Iceland.
3. Sections 7 and 8 of the main agreement do not apply until the end of the transitional period, without prejudice to the obligation of Romania and the Community, respectively, to grant operating licences, from the beginning of the transitional period, in accordance with the acts referred to in Annex Ireto carriers held predominantly or effectively controlled by the member States of the EC or their nationals and carriers held in majority or effectively controlled by Romania or its nationals.
Article 4
Aviation security
1. At the end of the transitional period, the joint committee established under Article 18 of the main agreement determines the exact status and conditions of participation of Romania within the European Aviation Safety Agency.
2. Until the end of the second transitional period, the European Community may, if it finds security deficiencies, require that the authorization granted to a licensed air carrier issued by Romania to operate air links to, at the outset or within the Community be subject to a specific security check. This security check is carried out by the European Community at short notice in order to avoid excessive delays in the exercise of traffic rights.
Article 5
Air safety
Until the end of the transitional period, the European Community may, if it finds safety deficiencies, require that the authorization granted to a licensed air carrier issued by Romania to operate air links to, at the outset or within the Community be subject to a specific safety check. This safety check is carried out by the European Community at short notice in order to avoid excessive delays in the exercise of traffic rights.
PROTOCOL IX
TRANSITIONAL PROVISIONS BETWEEN EUROPEAN COMMUNITY AND MEMBERS, OF A PART, AND THE UNITED NATIONS MISSION OF INTERIMARY ADMINISTRATION IN KOSOVO, OF A PART
Article 1er
UNMIK competencies
The provisions of this Protocol shall be without prejudice to the competence of the United Nations Interim Administration Mission in Kosovo, as referred to as UNMIK, in accordance with Security Council resolution 1244 of 10 June 1999.
Article 2
Transitional periods
1. The first transitional period begins at the entry into force of this Agreement to end once it has been verified, on the basis of an assessment by the European Community, that UNMIK has fulfilled all the conditions referred to in Article 3, paragraph 1erThis protocol.
2. The second transitional period begins at the end of the first transitional period to complete once it has been verified, on the basis of an assessment by the European Community, that UNMIK has fulfilled all the conditions referred to in Article 3, paragraph 2, of this Protocol.
Article 3
Conditions for transition
1. At the end of the first transitional period, UNMIK
(i) implement, without prejudice to its special status under international law, the common aviation codes (JARs) ("joint aviation requirements") promulgated by the Joint Aviation Authorities (JAAs) and endeavour to implement all the air safety legislation referred to in Annex Ire;
ii) applies CCA document 30 and strives to implement all the air safety legislation referred to in Appendix Ire;
(iii) applies Regulation (EEC) No. 3925/91 (on the removal of controls and formalities for hand luggage and cargo of cargo), Regulation (EEC) No. 2409/92 (on the passenger and cargo rates of air services), Directive 94/56/EC (in respect of accident and incident investigations), Regulation (EC) No. 2027/97 (in respect of the liability of air carriersre;
(iv) separates the air traffic service provider and the regulatory agency and creates or designates an air traffic surveillance agency;
(v) applies in practice the Convention for the Unification of Certain Rules relating to International Air Transport (Montreal Agreement);
(vi) has made sufficient progress in the implementation of the rules relating to State and competition assistance provided for in an agreement referred to in article 14, paragraph 1erthe main agreement or Schedule III, as applicable.
2. At the end of the second transitional period, UNMIK applies this Agreement, including all of the legislation listed in Appendix Ire.
Article 4
Transitional provisions
1. Notwithstanding section 1erparagraph 1er, of the main agreement,
(a) during the first transitional period:
(i) community air carriers and air carriers licensed by UNMIK are authorized to exercise unlimited traffic rights between any point in Kosovo and any point in a Member State of the EC;
(ii) community air carriers may not be held predominantly or effectively controlled by UNMIK or by Kosovo residents and air carriers licensed by UNMIK may not be held predominantly or effectively controlled by EC member States or their nationals;
(b) during the second transitional period:
(i) community air carriers and air carriers licensed by UNMIK are authorized to exercise traffic rights under paragraph 1er(a) under (i);
(ii) community air carriers are authorized to exercise unlimited traffic rights between points in Kosovo and other associated parties and are authorized to change at any point of aircraft, provided that the flight is part of a service serving a point in a member state of the EC;
(iii) air carriers licensed by UNMIK are authorized to exercise unlimited traffic rights between points in different locations Member States of the EC and are authorized to change at any point of aircraft, provided that the flight is part of a service serving a point in Kosovo.
2. For the purposes of this article, "community air carrier" means an air carrier licensed by a member state of the EC, Norway or Iceland.
3. Sections 7 and 8 of the main agreement shall not apply until the end of the second transitional period, without prejudice to the obligation of UNMIK and the Community, respectively, to grant operating licences, as from the end of the first transitional period, in accordance with the acts referred to in Annex Ireto carriers held predominantly or effectively controlled by the member States of the EC or their nationals and carriers held in majority or effectively controlled by UNMIK or Kosovo residents.
Article 5
International conventions and agreements
When the legislation referred to in Appendix Ire provides for the obligation to become a party to international conventions or agreements, taking into account the special status of UNMIK under international law.
Article 6
Aviation security
1. At the beginning of the first transitional period, UNMIK participates as an observer in the work of the European Aviation Safety Agency.
2. At the end of the second transitional period, the joint committee established under Article 18 of the main agreement determines the exact status and conditions of participation of UNMIK within the European Aviation Safety Agency.
3. Until the end of the second transitional period, the European Community may, if it finds security deficiencies, require that the authorization granted to a licensed air carrier issued by UNMIK to operate air links to, at the outset or within the Community be subject to a specific security check. This security check is carried out by the European Community at short notice in order to avoid excessive delays in the exercise of traffic rights.
Article 7
Air safety
1. At the beginning of the second transitional period, the confidential portion of the security legislation referred to in Appendix Ire is made available to the competent authority of UNMIK.
2. Until the end of the second transitional period, the European Community may, if it finds safety deficiencies, require that the authorization granted to a licensed air carrier issued by UNMIK to operate air links to, at the outset or within the Community be subject to a specific safety check. This safety check is carried out by the European Community at short notice in order to avoid excessive delays in the exercise of traffic rights.
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Notes
(1) In accordance with Security Council resolution 1244 of 10 June 1999.
(2) See the decree of the Flemish Region of 3 May 2013 (Belgian Monitor of 13 June 2013), the decree of the Walloon Region of 16 May 2013 (Belgian Monitor of 27 May 2013) and the order of the Brussels-Capital Region of 21 March 2013 (Belgian Monitor of 15 April 2013 - Ed. 2).

Multilateral agreement between the European Community and its Member States, the Republic of Albania, the former Yugoslav Republic of Macedonia, Bosnia Herzegovina, the Republic of Bulgaria, the Republic of Croatia, the Republic of Iceland, the Republic of Montenegro, the Kingdom of Norway, Romania, the Republic of Serbia, and the United Nations Interim Administration Mission in Kosovo on the creation of a common European airspace, 9 June 2006 and annexes, made in Luxembourg.