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Abstract

Application of Art. 52 to 55 of the Constitution. Following the signing of a bilateral air agreement between France and the United States in Washington on 18-06-1998, the two countries noted with satisfaction that the bilateral air agreement had given rise to rapid and harmonious growth in relations between the two countries. Air. In order to reinforce this positive development, the two governments have decided to amend certain provisions of the agreement in order to offer French and American airlines new facilities while promoting the development of a Healthy competition. Pursuant to the agreement signed in Washington on 22-01-2002, the French and American airlines will now be able to operate without restrictions on destinations, aircraft capacity or tariffs on the Transatlantic lines linking metropolitan France and the United States. In addition, they will be able to continue without limiting their flights beyond their respective territories and, as far as cargo flights are concerned, to operate freely on routes to and from the territory of the other country. Finally, the air agreement, as amended, will allow Air France and Delta Airlines to strengthen their cooperation as part of the SkyTeam alliance. Indeed, the US authorities had made the conclusion of amendments to the 1998 agreement the essential condition for the conclusion of this alliance through the granting of immunity from application of the US anti-trust legislation. This immunity has been granted on 18 January, Air France and Delta Airlines will be able to coordinate in tariff matters, in the field of flight programmes and in the field of operating revenue. The two partners will thus be placed at the same level of cooperation as their competitors in other alliances. This expansion of the possibilities offered to French and American airlines makes it possible to consolidate and increase the decisive position of the France-United States link in transatlantic air relations. More generally, the amended air agreement gives French and American companies the opportunity to face the challenges of the international economic environment with increased confidence. This agreement came into force on 22-01-2002.

Keywords

FOREIGN AFFAIRS, INTERNATIONAL ACCORD, BILATERAL AGREEMENT, FRANCE, UNITED STATES, AMENDMENT, AERIAL AGREEMENT, FRAMEWORK AGREEMENT, TRANSPORT , AIR TRANSPORT, AIR TRAFFIC, AIR RELATIONS, FRENCH AIR COMPANY, AIR FRANCE , AMERICAN AIR COMPANY, DELTA AIRLINES, ALLIANCE, COOPERATION

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JORF n ° 97 of April 25, 2002 page 7396
text N ° 25



Decree n ° 2002-577 of 18 April 2002 on the publication of the agreement amending the agreement on Air transport between the Government of the French Republic and the Government of the United States of America signed in Washington on 18 June 1998, done in Washington on 22 January 2002 (1)

NOR: MAEJ0230018D ELI: https://www.legifrance.gouv.fr/eli/decret/2002/4/18/MAEJ0230018D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2002/4/18/2002-577/jo/texte

The President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
In the light of articles 52 to 55 of the Constitution;
Decree No. 53-192 of 14 March 1953 as amended concerning the ratification and publication of international commitments entered into by France;
In light of Decree No. 98-930 of 12 October 1998 on the publication of the Air Transport Agreement between The Government of the French Republic and the Government of the United States (set five annexes), signed in Washington on 18 June 1998,
Décrète:

Article 1

The Agreement on amendments to the Air Transport Agreement between the Government of the French Republic and the Government of the United States of America signed in Washington, D.C. June 1998, done in Washington on 22 January 2002, will be published in the Official Journal of the French Republic.

Article 2

The First Minister and the Minister for Foreign Affairs shall each have responsibility for the execution of this Decree, which shall be published in the Official Journal of the French Republic.

Annex

A C C O R D

PORTANT AMENDMENTS TO THE AGREEMENT ON AIR TRANSPORT BETWEEN THE GOVERNMENT OF THE FRENCH REPUBLIC AND THE GOVERNMENT OF THE UNITED STATES AMERICA, SIGNED AT WASHINGTON, 1998 JUNE 18, 1998
The Government of the French Republic and the Government of the United States of America (hereinafter referred to as " Parties "),
Desiring to amend the Agreement on Air Transport, as well as its Annexes, signed between the Government of the French Republic and the Government of the United States of America on 18 June 1998, as amended by the Agreement amending the Agreement On air transport between the Government of the French Republic and the Government of the United States of America ("the 1998 Agreement"),
have agreed as follows:

Article 1

The 1998 Agreement is amended as follows:
1. The preamble to the 1998 Agreement is amended by adding the word " Minimum " Between " Appropriate " And " From the public authorities " In the second paragraph.
2. Article 3 (1) shall be amended by substituting ' Annex II " To " Appendix III ".
3. Article 8 (3) is amended by deleting the second sentence and replacing it with:
" These rights are subject only to the constraints linked to airport security considerations and, for airports located in France, to the conditions of derogation set out in Directive 96 /67/EC of the Council of the European Union and to the French legislation on the application of this Directive. "
4. Section 8 is also amended by adding section 4 of Schedule I, which becomes paragraph 9.
5. Article 11 (2) is amended by deleting the phrase " In accordance with the rights granted by this Agreement " In the first sentence and by the deletion of the phrase " Or under other provisions of this Agreement " In the second sentence.
6. Article 11 is also amended by the reformulation of paragraph 4
follows: No Party shall require air carriers of the other Party to submit for approval of their scheduled or charter programs or operating plans, except where it is imposed on a non-discriminatory basis in order to To apply the uniform conditions referred to in paragraph 2 of this Article or expressly authorised in an Annex to this Agreement. If a Party requires such a deposit, it shall reduce as much as possible for air transport intermediaries and designated airlines of the other Party the administrative burden represented by the conditions and procedures of Filing. "
7. Section 11 is also amended by deleting paragraph 5.
8. Article 12 is amended by the reformulation of paragraph 1 (d)
follows: Protection of air transport undertakings against abuse of dominant position due to low tariffs in an unsubstantiated manner, after taking into account the costs incurred by the air transport undertaking at the origin of such tariffs for the Provision of services and related facilities where there is evidence of intent to eliminate competition. "
9. Article 12 is also amended by the reformulation of paragraph 2
follows: No Party shall require air carriers of the other Party to file for approval of tariffs, except where it is imposed on a non-discriminatory basis. Notification or filing by air carriers of both Parties may be required fifteen (15) days prior to the expected date of entry into force. Notification or filing may be permitted within a shorter period. Except where necessary for the exercise of the rights set forth in this Agreement, no Party shall require the notification or filing by the air carriers of the other Party of tariffs applied to the public by the charterers, except where It is imposed on a non-discriminatory basis. "
10. Article 12 is also amended by redrafting paragraph 3 as follows:
" No Party shall take unilateral measures to prevent the entry into force or renewal of a tariff provided or applied by:
(a) An air transport undertaking of either Party for the purpose of international air transport Between the territories of the Parties, or
(b) An air transport undertaking of one of the Parties for the purposes of international air transport between the territory of the other Party and any other country, including,
either case, the Transport in connection with the same air transport undertaking or between different air transport undertakings, provided that, in the case of flights to or from third countries to which Regulation (EEC) No 2409/92 of the Board as of July 23, 1992, on the date of signature of this Agreement, or to which no more restrictive regulations apply, this tariff is not expressly prohibited under that regulation. "
11. Article 13, section B, paragraph 5, shall be amended by the substitution of " Thirty (30) " To " 20 ".
12. Article 13 (C) (2) is amended by the substitution of ' Twenty (20) " To " Ten (10) ".
13. Article 14, section A, paragraph 2 (a) is amended by the substitution of " 50 (50) " To " Forty (40) ", together with section A, paragraph 2 (b) by the substitution of" Ninety-five (85) " To " Seventy-five (75) ".
14. Article 14, section A, paragraph 4 (a), is also amended by the substitution of " Thirty (30) " To " Twenty (20) " In the first sentence and the substitution of " Forty-five (45) To " Twenty (20) " In the second sentence.
15. Article 14, section A, paragraph 4 (b), is amended by the substitution of " Thirty (30) " To " 20 ".
16. Schedule I, Scheduled Air Transport, is amended by redrafting section 1 as follows:

"Section 1

" Routes

Businesses Of each designated Party under this Annex shall be authorized to carry out, in accordance with the terms and conditions of their designation, scheduled international air transportation between the points of the following routes:
A. - Roads that can be operated by U.S. air carriers for mixed services and all cargo:
1. Routes between the United States and metropolitan France
(a) Points below the United States, via the United States and intermediate points, to any point or points in France and beyond;
(b) For all cargo services, between France and any point or points.
2. Points below the United States, via the United States and intermediate points, to the French departments of America and beyond (cf. Note 1);
3. Points below the United States, via the United States, to New Caledonia and/or Wallis and Futuna (cf. Note 2);
4. Points below the United States, via the United States and intermediate points, to French Polynesia and beyond (cf. Note 3);
5. Points below the United States, via the United States and intermediate points, to Saint-Pierre-et-Miquelon and beyond (cf. Note 4);
B.-Roads that may be operated by French Republic air carriers for mixed services and all cargo:
1. Roads between metropolitan France and the United States:
(a) Points below France, via France and intermediate points, to any point or points in the United States and beyond;
(b) For all cargo service (s), between The United States and any points or points.
2. Points below the French departments of America via the French departments of America and intermediate points, to the United States and beyond (cf. Note 5);
3. Points below New Caledonia and/or Wallis and Futuna, via New Caledonia and/or Wallis and Futuna, to the United States (cf. Note 6);
4. Points below French Polynesia, via French Polynesia and intermediate points, to the United States and beyond (cf. Note 7);
5. Points below Saint-Pierre-et-Miquelon, via Saint-Pierre-et-Miquelon and intermediate points, to the United States and beyond (cf. Note 8). "
17. Annex I is also amended by adding the text in section 2:
" Except for all cargo services " After " Provided that " At the end of this section.
18. Annex I is also amended by adding, in Section 3, " Except for all cargo services " After " Provided, ".
19. Annex I is also amended by the renumbering of Section 5, which becomes Section 4 and is reworded as follows:
" In the context of the operation of routes A 2, 3, 4, 5 and B 2, 3, 4, 5, as set out in section 1 of this Annex, designated airlines shall be permitted to operate mixed services and any cargo destined for all Points or points in third countries on which fifth freedom traffic rights may not be exercised under section 1 of Annex I, without traffic rights between the territory of the other Party and those points. "
20. Annex II, All-Cargo Services, is amended as it is deleted in its entirety.
21. Schedule III is amended by the numbering change; it becomes Schedule II and is reworded as follows:

"Schedule II
" Charter Air Transport
Section 1

A.-Businesses Of each Party designated pursuant to this Annex shall have the right, in accordance with the terms of their designation, to carry out international passenger charter traffic (accompanied by their baggage) and/or goods (y Including, but not limited to, freight forwarders, shared or mixed (passenger/cargo) flights:
1. Between one or more points in the territory of the Party that has designated the air transport undertaking and one or more points in the territory of the other Party and
2. Between one or more points in the territory of the The other Party and one or more points in one or more third countries, provided that such a service is part of, except for the carriage of cargo by charter flights, continuous service, with or without change of aircraft, including The operation of a section to the country of origin in order to transport local traffic between the country of origin and the territory of the other Party.
B.-To provide the services governed by this Annex, the air transport undertakings of Each Party designated under this Annex shall also have the right:
1. To make stops en route to board its own passengers and/or its own cargo at any point on or off the territory of one of the Parties;
2. Translate traffic through the territory of the other Party Part;
3. Combine on the same aircraft traffic originating in the territory of one of the Parties, traffic originating in the territory of the other Party and traffic originating from third countries, and
4. To carry out international air transport without any restrictions on the change in the type or number of aircraft operated, at any point on the road, provided that, with the exception of the carriage of cargo by charter flights, in the sense of To go, transport beyond the point is a continuation of the transport from the territory of the Party which has designated the air transport undertaking and that, in the direction of return, the transport to the territory of the Party that has designated The air transport undertaking is a continuation of the carriage from beyond that point.
C.-Each Party shall kindly consider requests for carriage of traffic not governed by this Annex which emanate from the undertakings of Air transportation of the other Party, on a courtesy and reciprocal basis.

Section 2

A.-Any air transportation undertaking designated by either Party that performs International air transport by charter flights originating in the territory of either Party, whether on the basis of simple allers or returns, has the option of complying with the laws and regulations on charter flights, or Of the country of origin or of the other Party. Where one Party applies rules, regulations, terms, conditions or limitations specific to one or more of its air transport undertakings or to air carriers of other countries, each Designated airline is subject to the least restrictive of them.
B.-However, no provision of the preceding paragraph limits the rights of either Party to require air carriers Designated pursuant to this Annex by either Party to comply with the provisions relating to the protection of passenger funds and the rights of passengers in respect of cancellation and refund.

Section 3

Except for the consumer protection rules referred to in the preceding paragraph, none of the Parties shall apply to an airline designated by the other Party under This Annex, which it lays down, with regard to the carriage of traffic originating in the territory of that other Party or a third country on the basis of a one-way or return journey, more than a declaration of conformity with the laws and Applicable regulations referred to in section 2 of this Annex, or a declaration of waiver of such laws and regulations, granted by the competent aeronautical authorities. "
22. Annex IV, Computerised Reservation Systems, becomes Annex III and is reworded as follows:

"Annex III

" Principles of non-discrimination in computer reservation systems and Competition between these
1 systems. The Parties acknowledge that the operation of computerised reservation systems is an important aspect of the competitiveness of an airline. They note in particular that, on the date of this Agreement, the operation of computerised reservation systems is governed by:
-in France, by Council Regulation (EEC) No 2299/89 of 24 July 1989, as amended by the Regulation No 3089/93 of 29 October 1993 and by Regulation No 323/99 of 8 February 1999, and
-in the United States, by standard 14 CFR 255.
2. The Parties agree that, in accordance with their laws and regulations in force on the date of signature The following principles shall be applied in respect of the operation of computerised reservation systems in the framework of international aviation on a non-discriminatory basis:
(a) Computerised systems of Reservation will have to have integrated primary displays for which:
(i) Information about international air services, including the construction of correspondences on these services, will be edited and displayed on the basis of Non-discriminatory criteria and objectives not influenced, directly or indirectly, by the particulars of an air transport undertaking or a market and applying equally to all participating air transport undertakings ;
(ii) Computerized reservation systems databases will be as complete as possible and computer reservation system providers will not delete information from their databases as long as these Information will not have been replaced;
(iii) Providers of computerised reservation systems will not process information from participating airlines in a way that would lead to False, misleading or discriminatory information, and the information provided by the participating airlines will be clear and concise (for example, the flights for which the code posted is not the company 's Air transport operating [code-sharing], flight with change of aircraft and flights with stopovers shall be clearly shown as having these characteristics);
(iv) All computerized reservation systems of which Have travel agencies which directly disseminate information on the services of air transport undertakings to the public in the territory of either Party will not only have to be kept but also have the The right to operate in accordance with the rules applicable to the computerised reservation systems in force in the territory in which they are operated.
(b) Travel agencies will be permitted to use any secondary display available from Computerised reservation systems for a particular transaction, as long as the travel agency requests it in order to satisfy a particular requirement of a consumer.
c) All air transport undertakings disposed of Pay any applicable non-discriminatory royalty will be allowed to participate in the computerised reservation systems of each supplier. All distribution facilities provided by a system provider will be offered to participating air carriers on a non-discriminatory basis. The suppliers of computerised reservation systems will display, on a non-discriminatory, objective and neutral basis in relation to air transport undertakings, the international air services of air transport undertakings Participants in all markets where they wish to sell these services. Upon request, providers of computerised reservation systems will communicate the details of their procedures for updating and storing their database, the criteria applied to the editing and classification of information, the importance of Criteria, and the criteria used for the selection of connecting points and the inclusion of connecting flights.
(d) Providers of computerized reservation systems of a Party in operation in the territory of the The other Party shall have the right to make and maintain their computerised reservation systems and to make them available to agencies or travel companies and other subscribers whose main activity is to broadcast Products related to travel within the territory of the other Party, if the computerised reservation systems comply with these principles.
e) On the territory of one Party, the suppliers of computerised reservation systems of the other Party Party shall not be subject to more stringent or restrictive rules with regard to access to and use of communications facilities, the choice and use of equipment and software for use in Computerised reservation systems and the technical installation of equipment for computerised reservation systems, than the rules applicable to computerised reservation system providers of the first Part.
(f) Computerised reservation systems used in the territory of a Party shall have full and effective access to the territory of the other Party, provided that they comply with the standards and laws in force on that territory, which do not Must not be discriminatory. In particular, a designated airline must be able to participate in such a system on its territory of origin as widely as the systems offered to travel agencies in the territory of the other Party. The owners or operators of computerised reservation systems of a Party shall have the same opportunities to own or operate computerised reservation systems in accordance with these principles, in the territory of the other Party, whether the owners or operators of that other Party. Air transport undertakings and suppliers of computerised reservation systems of a Party shall not apply discriminatory measures against travel agencies on their territory of origin as such Use or have a computerised reservation system which is also operated in the territory of the other Party. "
23. Annex V, Transitional Arrangements for Scheduled Combined Air Services, is deleted in its entirety.

Article 2

This Agreement comes into effect on the date of its signature.
En Faith, the undersigned, being duly authorized by their respective governments, have signed this Agreement.
Done at Washington, on January 22, 2002, in duplicate in the English and French languages, both texts being equally authentic.

For the Government
of the French Republic:
Jean-Claude Gayssot,
Minister of Equipment,
for Transport and Housing
For the Government of the
States of America:
Norman Y. Mineta,
Secretary of State for Transport

Done at Paris, 18 April 2002.

Jacques Chirac

By the President of the Republic:

Prime Minister,

Lionel Jospin

Foreign Minister,

Hubert Védrine

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