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11 AVRIL 1999. - An Act to approve the Agreement between the Governments of the French Republic, the Federal Republic of Germany, the United Kingdom of Great Britain and Northern Ireland, the Kingdom of Spain and the Kingdom of Belgium on the Airbus A330/A340 programme and the Annexes 1 and 2, signed in Madrid on 26 July 1995 (1) (2)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Agreement between the Governments of the French Republic, the Federal Republic of Germany, the United Kingdom of Great Britain and Northern Ireland, the Kingdom of Spain and the Kingdom of Belgium on the Airbus A330/A340 programme and Annexes 1 and 2, signed in Madrid on 26 July 1995, will be fully implemented.
Promulgate this Act, order that it be put on the State Seal and published by the Belgian Monitor.
Given in Brussels on 11 April 1999.
ALBERT
By the King:
Minister of Foreign Affairs,
E. DERYCKE
Minister of Science Policy,
YLIEFF
Seal of the state seal:
Minister of Justice,
T. VAN PARYS
____
Note
(1) Session 1998-1999.
Senate:
Parliamentary documents. - Bill, tabled on 2 October 1998, No. 1-1106/1. - Report, no. 1-1106/2.
Annales parliamentarians. - Discussion, meeting of 11 February 1999. - Vote, meeting of 11 February 1999.
Chamber:
Parliamentary documents. - Project transmitted by the Senate, No. 49-1993/1. - Text adopted in plenary and subject to Royal Assent, No. 49-1993/2.
Annales parliamentarians. - Discussion, meeting of 25 February 1999. - Vote, meeting of 25 February 1999.
(2) See Decree of the Flemish Region of 7 May 2004 (Belgian Monitor of 16 July 2004); Decree of the Walloon Region of 13 June 2002 (Moniteur belge of 3 July 2002); Order of the Brussels-Capital Region of 22 April 1999 (Belgian Monitor of 22 October 1999).

AGREEMENT between the Governments of the French Republic, the Federal Republic of Germany, the United Kingdom of Great Britain and Northern Ireland, the Kingdom of Spain and the Kingdom of Belgium on the Airbus A330/A340 programme
The Governments of the French Republic, the Federal Republic of Germany, the United Kingdom of Great Britain and Northern Ireland, the Kingdom of Spain and the Kingdom of Belgium, hereafter referred to as the "Meeting Governments",
wishing to further strengthen European cooperation within the framework of the AIRBUS consortium;
Aimed to allow the AIRBUS INDUSTRIA ECONOMIC GROUP, as described below as "IARBUS INDUSTRIE", and to AEROSPATIALE SOCIETE NATIONALE INDUSTRIELLE, at DEUTSCHE AIRBUS GmbH (now: DEUTSCHE AEROSPACE AIRBUS GmbH), at BRITISH AEROSPACE PLC, at CONSTRNA^re to this Agreement;
ensuring the economic viability of the program;
AGAINST THE SUIVING AGREEMENT:
CHAPTER I^er. - General
Article 1^er. This Agreement sets out the obligations of the Signatories Governments relating to the development and financing of the sales of AIRBUS A330/A340 aircraft, the requests of the Signatories Governments to AIRBUS INDUSTRIE and Associate Constructors, as well as the modalities for monitoring the programme by the Signatories Governments.
Art. 2. The Signatory Governments agree not to support the participation of their cell manufacturers in the development and production of competing civilian aircraft of AIRBUS A330/A340 aircraft, unless they decide otherwise unanimously.
CHAPTER II. - Organization
Art. 3. 3.1. Credentials and responsibilities
of the INTERGOVERNMENTAL COMMITTEE,
the committees that depend on it, namely the EXECUTIVE COMMITTEE and the PERMANENT REPRESENTATIVE GROUP,
and AIRBUS EXECUTIVE AGENCE,
as defined by the agreement between the Governments of the French Republic, the Federal Republic of Germany, the United Kingdom of Great Britain and Northern Ireland, the Kingdom of Spain and the Kingdom of Belgium on the AIRBUS A320 programme, are extended to cover the AIRBUS A330/A340 programme, as necessary with respect to the Signatory Governments.
3.2. The voting rights of the Signatories Governments defined in the AIRBUS A320 Agreement apply mutatis mutandis to this Agreement.
Art. 4. For the purposes of this Agreement, and on behalf of the Signatories Governments, the AIRBUS EXECUTIVE AGREEMENT will conclude a Framework Agreement with INDUSTRIA AIRBUS, setting in particular:
- the necessary commitment of AIRBUS INDUSTRIE to carry out, with its Associate Constructors, the development of AIRBUS A330/A340 aircraft and to obtain the necessary certifications;
- the definition of development work and technical steps to enable AIRBUS EXECUTIVE AGENCY to monitor and evaluate the progress of the development program;
- AIRBUS INDUSTRIE's commitment to submit a document that received the agreement of the Associate Constructors, defining, subject to approval by the INTERGOUVERNEMENTAL COMMITTEE, the respective national contributions to the development costs of the AIRBUS A330/A340 aircraft and the planned spending schedule;
- AIRBUS INDUSTRIE's commitment to provide the AIRBUS EXECUTIVE AGENCE with all the information necessary to follow up the development agenda, including the evolution of its financial aspects;
- AIRBUS INDUSTRIE's commitment to immediately inform ARGENCE EXECUTIVE AIRBUS in the event of a change in the content of development work;
- AIRBUS INDUSTRIE's commitment to keep the AIRBUS EXECUTIVE AGENCE informed of the amounts to be paid by AIRBUS INDUSTRIE to each Associate Builder in refund of the respective national contribution to the cost of development;
- AIRBUS INDUSTRIE's commitment to provide AIRBUS EXECUTIVE AGENCE with information on the sharing of production work for the AIRBUS A330/A340 programme, including subcontracts to third countries, as well as on all relevant aspects of the AIRBUS programme in general;
- the conclusion as soon as possible between AIRBUS INDUSTRIE and its Associate Constructors of Contracts under which they share the reponability of AIRBUS INDUSTRIE with regard to the AIRBUS EXECUTIVE AGENCE with respect to the AIRBUS A330/A340 programme, and the submission of these contracts to the AIRBUS EXECUTIVE AGENCE for review and approval.
CHAPTER III. - Development
Art. 5. As soon as each Associate Constructor has made a commitment to complete its part of the development work set out in Annex 2 to this Agreement and to cover its share of the expenditures related to the non-liable development work, each Signatory Government shall take the necessary steps, in accordance with the appropriate national procedures, to enable its Associate Constructor to carry out its part of the development programme of the A330/A340 AIRBUS. This undertaking applies to aeroplanes A330/A340 as defined in Appendix 1 to this Agreement and, without prejudice to the applicable national agreements, shall be deemed to be filled by the granting of refundable advances to Associate Builders within the limits of the following maximum amounts:
French Republic:
FF 7,800,000 (seven billion eight hundred million French francs)
applied to the initial phase of the programme;
Federal Republic of Germany:
DM 2 996 000 000 (two billion nine hundred and ninety-six million deutsche mark)
applied to both phases of the programme;
United Kingdom of Great Britain and Northern Ireland:
P 450 000 000 (four hundred and fifty million pounds sterling)
applied to the initial phase of the programme;
Kingdom of Spain:
PTAS 29,356,000 (twenty-nine billion three hundred and fifty-six million pesetas)
implemented in both phases of the programme;
Kingdom of Belgium:
BFR 1,908,000 000 (one billion nine hundred and eight million Belgian francs)
applied to the initial phase of the programme.
Art. 6. 6.1. The respective national contributions to the development costs of AIRBUS A330/A340 aircraft will be determined by the INTERGOVERNMENTAL COMMITTEE, taking into account the estimates provided by AIRBUS INDUSTRIE.
6.2. The amounts of national contributions to the development costs of the AIRBUS A330/A340 aircraft, set by the INTERGOVERNMENTAL COMMITTEE in accordance with Article 6.1., shall be revised to the date of expenditure based on an update formula defined in the Framework Agreement incorporating appropriate national indices.
6.3. If an Associate Constructor fails to fulfil its commitments, the Government of the country under the laws of which it was created nevertheless remains responsible for the other Signatory Governments within the limits of the revised amount of its national contribution to the costs of the initial phase of the programme, taking into account the development work carried out by the Associate Constructor.
Art. 7. 7.1. If a portion of the development work attributed to the industry of one of the Signatories Governments is not carried out by the industry in the country of that Signatory Government, this part will still be estimated as attributed to the industry of that country, unless the INTERGOVERNMENTAL COMMITTEE decides otherwise.
7.2. If, in the event of a change in the content of the development work, the INTERGOVERNMENTAL COMMITTEE considers that there has been a reduction in the work, the Signatory Governments may revise their obligations as stipulated in Articles 5 and 6.
7.3. All additional development costs beyond those established by the INTERGOVERNMENTAL COMMITTEE in accordance with Article 6.1. will be supported by AIRBUS INDUSTRIE and its Associate Builders.
Art. 8. The respective national contributions to development costs are reimbursed by AIRBUS INDUSTRIE on the product of sales of aircraft. AIRBUS INDUSTRIE releases this obligation by making reimbursements to each of the Associate Builders, in accordance with the terms agreed between these manufacturers.
CHAPTER IV. - Equipment
Art. 9. To ensure that equitable opportunities for participation are offered to the national equipment industries of the Signatories Governments, as they can provide competitive equipment for AIRBUS A330/A340, AIRBUS INDUSTRIE and Associate Constructors will:
- to invite all relevant suppliers, in particular those of the countries of the Signatories Governments, to contribute to the equipment;
- provide in advance to the AIRBUS EXECUTIVE AGENCE of the lists of all suppliers that it is envisaged to invite to compete;
- promptly inform the AIRBUS EXECUTIVE AGENCE of the detailed elements of each supplier choice and justify their particular choice.
CHAPTER V. - Production
Art. 10. The mass production of cells and equipment should as far as possible be distributed among the industries of the countries of the Signatories Governments in the same proportions as for development. If such proportions cannot be respected, the INTERGOVERNMENTAL COMMITTEE will debate them.
Art. 11. Each Associate Builder must provide the necessary funding from the serial production.
CHAPTER VI. - Export sales financing
Art. 12. The Signatory Governments, with the exception of the Government of the Kingdom of Belgium, participate in financing the export sales of AIRBUS A330/A340 aircraft as part of the existing international regulations, and taking into account the respective national shares in each aircraft, including its engines and equipment. In the case of the Kingdom of Spain, this obligation will be fulfilled by the financing of the purchases of aircraft by the Spanish national airlines.
CHAPTER VII. - Derived versions
Art. 13. The Signatory Governments will consult with the aim of deciding on the terms and conditions for the extension of this agreement to the derivative versions of the AIRBUS A 330 / A 340 aircraft.
CHAPTER VIII. - Final provisions
Art. 14. 14.1. The Government of the Kingdom of Spain will be depositary of this Agreement.
14.2. This Agreement shall enter into force on the date on which all Signatory Governments have notified the Government of the Kingdom of Spain by diplomatic means of their respective internal formalities. The Government of the Kingdom of Spain will inform the Signatory Governments of the date of the last notification. The foregoing provisions constitute the Agreement between the Signatory Governments on matters to which they relate.
Signed in Madrid on 26-7-1995 in an original in French, German, English, Spanish and Dutch, each text being equally authentic. The Government of the Kingdom of Spain will provide the other Signatory Governments with certified copies of this Agreement.

Annex 1^re
General features of Airbus A330/A340 medium-long two-lane aircraft
1. AIRBUS A 330 will be an average subsonic civilian transport aircraft. It will be equipped with two reactors with blower, installed in nacelle under the wing. The engines selected for the initial certifications are:
GENERAL ELECTRIC CF6-80E1
PRATT AND WHITNEY PW 4164
ROLLS-ROYCE TRENT 768.
AIRBUS A 340 will be a long-term subsonic civilian transport aircraft. It will be equipped with four reactors with blower, installed in nacelle under the sail. The engine selected for the initial certification is:
CFMI CFM56-5C2.
The AIRBUS A 340 will initially be certified in two renowned versions AIRBUS A 340-200 (largest range of action) and AIRBUS A 340-300 (largest capacity).
2. The AIRBUS A 330 and A 340-300 will have a large diameter joint fuselage with two corridors and approximately circular section. The AIRBUS A 340-200 will have a shorter fuselage of identical section. The AIRBUS A 330 and A 340 will have a low sail, common with the exception of the differences due to the engine configurations. The cruise speed will be approximately 470 knots.
3. The cabin of AIRBUS A 330 and AIRBUS A 340-300 will be able to receive 335 passengers in a two-class configuration, for example 30 seats at six front and 102 centimeters (40 inches) and 305 seats at eight front at 86 centimeters (34 inches).
The cabin of the AIRBUS A 340-200 will be able to receive 303 passengers in a two-class configuration, for example 30 seats at six front and 102 centimeters (40 inches) and 273 seats at eight front at 86 centimeters (34 inches).
Two cargo and luggage compartments, one in the front, the other in the rear of the wing, will be fitted under the passenger cabin floor and will be able to receive containers identical to those used on other AIRBUS aircraft with large fuselage.
A combi version will also be developed if there is an adequate market demand for such a version.
4. An initial phase of the program will lead to the certification and entry into service of AIRBUS A 330-300A, A 340-200A and A 340-300A versions with the following characteristics:
The AIRBUS A 330-300A will have a radius of action of approximately 4,750 nautical miles with fuel reserves, a market load corresponding to 335 passengers with their baggage, fittings and classic equipment of a commercial airline; the initial phase will include certification of this type of aircraft with each of the following engines:
GENERAL ELECTRIC CF6-80E1
PRATT AND WHITNEY PW 4164
ROLLS-ROYCE TRENT 768.
The AIRBUS A 340-300A will have an action radius of approximately 6,750 nautical miles with fuel reserves, a merchant load corresponding to 295 passengers with their luggage, the amenities and the classic equipment of a commercial airline.
The AIRBUS A 340-200A will have a radius of action of about 7,500 nautical miles with fuel reserves, a market load corresponding to 262 passengers with their luggage, the amenities and the classic equipment of a commercial company.
5. A second phase of the program will lead to the certification of the AIRBUS A 340-300B version, which will have a radius of action of about 7,200 nautical miles with fuel reserves, a merchant charge corresponding to 295 passengers with their luggage, the layouts and classic equipment of a commercial company. In addition, the second phase of the program will include certification of improved versions of AIRBUS A 340-200A and A 330-300A.
6. The definition of these aircraft will allow developments to meet the future needs of customer airlines.

Annex 2
Development work and associated costs for Airbus A 330/A 340
The term "development work" used in this Intergovernmental Agreement covers the non-recurrent work required for the development of AIRBUS A 330/A 340 aircraft as described in Appendix 1^re, including obtaining type certificates both according to European JAR regulations and according to US FAR regulations.
Development work includes:
- aircraft design;
- Breathing, structure and systems tests;
- simulators other than those for the training of airline crews;
- Equipment development work, including engine development, except work directly financed by equipment and motorists;
- The specific structures and equipment required to ensure maximum production speed of seven AIRBUS A 330/A 340 aircraft per month assembled on a single chain in Toulouse;
- The production of three AIRBUS A 340 and two AIRBUS A 330, development planes, including the necessary replacements and modifications for the analysis of the results of these tests;
- The flight tests on 15 AIRBUS A 330/A 340 aircraft required to obtain certification, including all associated ground assistance and work required to analyse the results of these tests;
- Documentation required for the certification of aircraft ordered by the launch companies (AIR INTER, CATHAY PACIFIC, LUFTHANSA, THAI INTERNATIONAL and UTA) and standard versions;
Activities for a full version of the AIRBUS At 340-A 330, until the point at which AIRBUS INDUSTRIE and the Associate Builders decided to stop this work due to inadequate market demand;
- Other essential activities covering international travel, liaison, translation and conveying of aircraft elements;
- Management of development work by AIRBUS INDUSTRIE;
- Permanent support for two years after certification including:
- all necessary modifications to the development agenda;
- continued design and testing activities;
- adaptation, maintenance, repair of buildings, tools and ground support equipment;
- storage of flight test equipment;
- updating documentation;
- travel, translation and associated conveyance activities.
In calculating national contributions, total development costs will be reduced from the amount of the expected net proceeds from the sale of development planes, after taking into account their depreciation and remediation costs, as well as the depreciation of the selling price of production planes participating in the development flight test program.
Development work will not include any work carried out after December 31, 1996.

LISTE ETATS LIES
Agreement between the Governments of the French Republic, the Federal Republic of Germany, the United Kingdom of Great Britain and Northern Ireland, the Kingdom of Spain and the Kingdom of Belgium on the Airbus A330/A340 programme and Annexes 1^re and 2, signed in Madrid on 26 July 1995.
For the consultation of the table, see image