Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Considering articles 52 to 55 of the Constitution;
In view of the amended Decree No. 53-192 of 14 March 1953 concerning the ratification and publication of the international commitments undertaken by France,
Decrete:
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 A 330/A 340 programme (two annexes), signed in Madrid on 26 July 1995, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign Affairs are responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
A C C O R D
ENTER THE GOVERNMENTS OF THE FRANÇAISE REPUBLIC, THE FEDRAL REPUBLIC OF GERMANY, THE UNITED KINGDOM OF GREAT-BRETAGNE AND IRELAND OF THE NORTH, THE SPANISH ROYALME AND THE BELGIUM ROYAUME RELATING TO THE AIRBUS PROGRAMME A 3ENS30/A 3
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 "signatory Governments",
Desirous of further strengthening European cooperation within the framework of the Airbus consortium;
In order to allow the Airbus Industrie Economic Interest Group, hereafter referred to as "Airbus Industrie", and Aérospatiale, a national industrial company, to Deutsche Airbus GmbH (now: Deutsche Aerospace Airbus GmbH), to British Aerospace PLC, to Construcciones Aeronauticas S.A., and to Belairbus S.A., below referred to as the "Constructors Associated"
Having ensured the economic viability of the program,
agreed on the following agreement,
Chapter I
General
Article 1
This Agreement sets out the obligations of the signatory Governments relating to the development and financing of the sales of Airbus A 330/A 340 aircraft, the requests of the signatory Governments to Airbus Industrie and Associate Constructors, as well as the modalities for monitoring the programme by the signatory Governments.
Article 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 A 330/A 340 aircraft, unless they decide otherwise unanimously.
Chapter II
Organization
Article 3
3.1. The powers and responsibilities:
- Intergovernmental Committee;
- committees that depend on it, namely the executive committee and the permanent sales financing group;
- and the Airbus Executive Agency,
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 programme A 320, are extended to cover the Airbus A 330/A 340 programme, as necessary for the signatory Governments.
3.2. The voting rights of the signatory governments defined in the Airbus A 320 program agreement apply mutatis mutandis to this Agreement.
Article 4
For the purposes of this Agreement, and on behalf of the signatory Governments, the Airbus Executive Agency will enter into a framework agreement with Airbus Industrie, setting in particular:
The necessary commitment of Airbus Industrie to carry out, with its Associate Constructors, the development of Airbus A 330/A 340 aircraft and to obtain the necessary certifications;
The definition of development work and technical steps to enable the 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 Intergovernmental Committee, the respective national contributions to the development costs of Airbus A 330/A 340 aircraft and the planned spending schedule;
Airbus Industrie's commitment to provide the Airbus Executive Agency with all the information necessary to monitor the development agenda, including the evolution of its financial aspects;
Airbus Industrie's commitment to immediately inform the Airbus Executive Agency in the event of a change in the content of the development work;
Airbus Industrie's commitment to keep the Airbus Executive Agency 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 the Airbus Executive Agency with information on the sharing of production work for Airbus A 330/A 340, including subcontracts to third countries, as well as on all relevant aspects of the Airbus program in general;
The conclusion as soon as possible between Airbus Industrie and its Associate contractors under which they share Airbus Industrie's responsibility with the Airbus Executive Agency for Airbus A 330/A 340, and the submission of these contracts to the Airbus Executive Agency for review and approval.
Chapter III
Development
Article 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 non-liable development work, each signatory Government shall make the necessary arrangements, in accordance with appropriate national procedures, to enable its Associate Constructor to carry out its part of the Airbus A 330/A 340 development programme. This undertaking applies to aeroplanes A 330/A 340 as defined in Appendix I to this Agreement and, without prejudice to the applicable national agreements, shall be deemed to be completed by the granting of refundable advances to the Associate Constructors within the limits of the following maximum amounts:
French Republic: 7,800,000 FF applied to the initial phase of the programme;
Federal Republic of Germany: 2,996,000 DM applied to the two phases of the programme;
United Kingdom of Great Britain and Northern Ireland: 450,000 . applied to the initial phase of the programme;
Kingdom of Spain: 29,356,000 pesetas applied to the two phases of the programme;
Kingdom of Belgium: 1 908 000 000 Belgian francs applied to the initial phase of the programme.
Article 6
6.1. The respective national contributions to the development costs of Airbus A 330/A 340 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 Airbus A 330/A 340 aircraft, set by the Intergovernmental Committee in accordance with section 6.1., are revisable on 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 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.
Article 7
7.1. If a part of the development work attributed to the industry of one of the signatory Governments is not carried out by the industry of 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.
Article 8
The respective national contributions to development costs are reimbursed by Airbus Industrie on the product of aircraft sales. Airbus Industrie releases this obligation by making reimbursements to each of the Associate Constructors, in accordance with the terms agreed between these manufacturers.
Chapter IV
Equipment
Article 9
In order to ensure that equitable opportunities for participation are available to the national equipment industries of the signatory Governments, to the extent that they can provide competitive equipment for Airbus A 330/A 340, Airbus Industrie and Associate Constructors will:
Invite all relevant suppliers, in particular those of the countries of the signatory Governments, to contribute to equipment;
Provide in advance to the Airbus Executive Agency lists of all suppliers that are considered to be invited to compete;
promptly inform the Airbus Executive Agency of the detailed elements of each supplier choice and justify their particular choice. Chapter V
Production
Article 10
The mass production of cells and equipment should, to the extent possible, be distributed among the industries of the signatory Governments in the same proportions as for development. If such proportions cannot be met, the Intergovernmental Committee will discuss them.
Article 11
Each Associate Builder must provide the necessary funding from the serial production.
Chapter VI
Export sales financing
Article 12
The signatory Governments, with the exception of the Government of the Kingdom of Belgium, participate in the financing of the export sales of Airbus A 330/A 340 aircraft as part of existing international regulations, and take 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
Article 13
The signatory Governments will consult with the aim of deciding on the terms and conditions for the extension of this Agreement to the derived versions of Airbus A 330/A 340 aircraft.
Chapter VIII
Final provisions
Article 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 above provisions constitute the agreement between the signatory Governments on the matters to which they relate.
Signed in Madrid on 26 July 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.
A N N E X E I
GENERAL FEATURES OF AVIONS
MOYEN-LONG-LONG-LONG-LONG-RANGE TRANSBOUNDARY A 330/A 340
1. The 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.
The Airbus A 340 will be a long-haul 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 versions called 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 Airbus A 330 and Airbus A 340-300 cabin will be able to accommodate 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 Airbus A 340-200 cabin will be able to accommodate 303 passengers in a two-tier 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 baggage 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 large-scale fuselage airplanes.
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 the 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 merchant charge corresponding to 335 passengers with their luggage, the amenities and the 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 a radius of action of approximately 6,750 nautical miles with fuel reserves, a merchant charge corresponding to 295 passengers with their baggage, amenities and classic equipment of a commercial airline.
The Airbus A 340-200A will have a radius of action of approximately 7,500 nautical miles with fuel reserves, a merchant charge corresponding to 262 passengers with their baggage, 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 340-330 B 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 amenities and the classic equipment of a commercial company. In addition, the second phase of the program will include the 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.
A N N E X E I
DEVELOPMENT WORK AND ASSOCIATED COSTS
PROGRAMME AIRBUS A 330/A 340
The term "development work" used in this intergovernmental agreement covers the non-recurring work required for the development of Airbus A 330/A 340 aircraft as described in Annex I, including obtaining type certifications both according to European JAR regulations and according to the U.S. FAR regulations.
Development work includes:
The design of the aircraft;
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 to achieve certification;
The flight tests on fifteen 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;
The activities concerning a combined version of Airbus A 340-300, to 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, links, translations and conveyances 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 the 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.
Done in Paris, October 26, 2004.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Jean-Pierre Raffarin
Minister of Foreign Affairs,
Michel Barnier
