The Saeima has adopted and the President promulgated the following laws: The air transport agreement between the European Community and its Member States, of the one part, and the United States of America, on the other hand article 1. 2007 April 25, 2007 in Brussels and 30 April in Washington signed air transport agreement between the European Community and its Member States, of the one part, and the United States of America, of the other part (hereinafter referred to as the agreement), this law is adopted and approved. 2. article. Fulfilment of the obligations provided for in the agreement are coordinated by the Ministry of transportation. 3. article. The agreement shall enter into force on the 26, within the time limit laid down in the article and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". The agreement shall apply provisionally in accordance with its article 25 (1) of the regulation. 4. article. The law shall enter into force on the day following its promulgation. With the law put the agreement in English and Latvian languages. The Parliament adopted the law of 14 February 2008. President Valdis Zatlers in Riga of March 5, 2008. AIR transport agreement in the UNITED STATES OF America (hereinafter the "United States"), of the one part; and the REPUBLIC OF Austria, the KINGDOM OF Belgium, the REPUBLIC OF Bulgaria, the REPUBLIC OF Cyprus, the CZECH REPUBLIC, the KINGDOM OF DENMARK, the REPUBLIC OF Estonia, the REPUBLIC OF FINLAND, the FRENCH REPUBLIC, the FEDERAL REPUBLIC OF GERMANY, the HELLENIC REPUBLIC, the REPUBLIC OF HUNGARY, IRELAND, the ITALIAN REPUBLIC, the REPUBLIC OF Latvia, the REPUBLIC OF Lithuania, the GRAND DUCHY OF LUXEMBOURG , Malta, the KINGDOM OF the Netherlands, the REPUBLIC OF POLAND, the Portuguese REPUBLIC, Romania, the SLOVAK REPUBLIC, the REPUBLIC OF Slovenia, the KINGDOM OF SPAIN, the KINGDOM OF SWEDEN, the UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, being parties to the Treaty establishing the European Community and being Member States of the European Union (hereinafter the "Member States"), and the EUROPEAN COMMUNITY of the other part; (MENU RNGTON LINE4) to promote an international aviation system based on competition among airlines in the marketplace with minimum government interference and regulation; (MENU RNGTON LINE4) to facilitat the expansion of international air transport opportunities, including through the development of air transportation network to meet the needs of passenger and shipper for convenient air transportation services; (MENU RNGTON LINE4) to make it possible for airlines to offer the traveling and shipping public competitive prices and services in open markets; (MENU RNGTON LINE4) to have all sectors of the air transport industry, including airline workers, benefit in a liberalized agreement; (MENU RNGTON LINE4) to ensur the highest degree of safety and security in international air transport and reaffirming their grave concern about acts or threats against the security of aircraft, which jeopardiz the safety of person or property, adversely affec the operations of air transportation, and public confidence undermin in the safety of civil aviation; NOTING the Convention on International Civil Aviation, opened for signature at Chicago on December 7, 1944; RECOGNISING that Government subsidies may adversely affec the to airline competition and may jeopardiz the basic objective of this agreement; AFFIRMING the importanc of protecting the environment in developing and implementing international aviation policy; NOTING the importanc of protecting consumers, including the protection is afforded by the Convention for the Unification of Certain rules for International Carriage by Air, done at Montreal on May 28, 1999; INTENDING to build upon the framework of existing agreements with the goal of opening access to markets and maximizing benefits for consumers, airlines, labor, and communities on both sides of the Atlantic; RECOGNISING the importanc of enhancing the access of their airlines to global capital markets in order to strengthen competition and promote the objective of this agreement; INTENDING to establish a preceden of global significanc to promote the benefits of liberalization in this crucial economic sector; Have AGREED AS follows: article 1 Definition For the purpose of this agreement, unless otherwise stated, by the term: 1. "agreement" means this agreement, its Annex and Appendix, and any amendments to theret; 2. "Air transportation" means the carriage by aircraft of passenger, cargo, baggag and mail, separately or in combination, held out to the public for remuneration or hire; 3. "Convention" means the Convention on International Civil Aviation, opened for signature at Chicago on December 7, 1944, and includes: (a) any amendment that has entered into force under article 94 (a) of the Convention and has been ratified by both the United States and the Member State or Member States as is relevant to the issue in question, and (b) any Annex or any amendment adopted under article 90 of the theret of the Convention insofar as such Annex or amendment, is at any given time effective for both the And ted States and the Member State or Member States as is relevant to the issue in question; 4. the "Full cost" means the cost of providing service plus a reasonable charge for administrative overhead; 5. "International air transportation" means air transportation that passu's through the airspac over the territory of more than one State; 6. "Party" means either the And ted States or the European Community and its Member States; 7. "price" means any fare, rate or charge for the carriage of passenger, and/or baggag cargo (excluding mail) in air transportation, including surface transportation in connection with international air transportation, if applicable, charged by airlines, including their agents, and the condition of each the availability of such fare, rate or charge; 8. "Stop for non-traffic purpose" means a landing for any purpose other than taking on or discharging passenger, baggag, cargo and/or mail in air transportation; 9. "Territory" means, for the And ted States, the land areas (mainland and Islands), internal waters and territorial sea under its sovereignty or jurisdiction, and, for the European Community and its Member States, the land areas (mainland and Islands), internal waters and territorial sea in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty and any successors instrument; application of this agreement to Gibraltar airport is understood to be without prejudice to the legal positions of respectiv of the Kingdom of Spain and the United Kingdom with regard to the dispute over sovereignty over the territory in which the airport is situated, and to the continuing suspension of Gibraltar airport from European Community aviation measure's existing as at 18 September 2006 as between Member States , in accordanc with the Ministerial statement on Gibraltar airport agreed in Córdob on 18 September 2006; and 10. "User charge" means a charge imposed on airlines for the provision of airport, airport environmental, air navigation, or aviation security facilities or services including related services and facilities. Article 2 Fair and Equal Opportunity Each Party shall allow a fair and equal opportunity for the airlines of both parties to compete in providing the international air transportation governed by this agreement. Article 3 grant of rights 1. Each Party grants to the other Party the following rights for the conduct of international air transportation by the airlines of the other Party: (a) the right to fly across its territory without landing; (b) the right to make the stop in its territory for non-traffic purpose; (c) the right to perform international air transportation between points on the following routes: (i) for airlines of the United States (hereinafter "U.S. Airlines"), from points behind the United States via the United States and intermediate points to any point or points in any Member State or States and beyond; and for all-cargo service, between any Member State and any point or points (including in any other Member States); (ii) for airlines of the European Community and its Member States (hereinafter "Community airlines"), from points behind the Member States via the Member States and intermediate points to any point or points in the United States and beyond; for all-cargo service, between the United States and any point or points; and, for services, the combination between any point or points in the United States and any point or points in any member of the European Common Aviation area (hereinafter the "ecaa") as of the date of signature of this agreement; and (d) the rights otherwise specified in this agreement. 2. Each airline may on any or all flights and at its option: (a) operate the flights in either or both directions; (b) the combin is different flight numbers within one aircraft operation; (c) serve behind, intermediate, and beyond points and points in the territories of the parties in any combination and in any order; (d) stop at omi any point or points; (e) transfer traffic from any of its aircraft to any of its other aircraft at any point; (f) serve points behind any point in its territory with or without change of aircraft or flight number and hold out and advertise such series as it published the MIP through services; (g) make a stopover at any points within or outside whethers the territory of either Party; (h) to carry transit traffic through the other Party's territory; and (i) combine traffic on the same aircraft regardless_of of where such traffic originat; without directional or geographic limitations and without loss of any right to carry traffic otherwise the permissibl under this agreement. 3. The provision of paragraph 1 of this article shall apply subject to the requirements that: (a) for U.S. airlines, with the exception of all-cargo services, the transportation is part of a service that serves the United States, and (b) for Community airlines, with the exception of (i) all-cargo services and (ii) combination services between the United States and any member of the ecaa as of the date of signature of this agreement, the transportation is part of a service that serves a Member State. 4. Each Party shall allow each airline to determin the frequency and capacity of the international air transportation it offers based upon commercial considerations in the marketplace. Consistent with this right, no Party shall unilaterally limit the ither the volume of traffic, frequency or regularity of service, or the aircraft type or types operated by the airlines of the other Party, nor shall it require the filing of schedules, programs for charter flights, or operational plans by airlines of the other Party, except as may be required for customs, technical , operational, or environmental (consistent with article 15) reasons under uniform conditions consistent with article 15 of the Convention. 5. Any airline may perform international air transportation without any limitations as to change, at any point, in type or number of aircraft operated; provided that, (a) for U.S. airlines, with the exception of all-cargo services, the transportation is part of a service that serves the United States, and (b) for Community airlines, with the exception of (i) all-cargo services and (ii) combination services between the United States and a member of the ecaa as of the date of signature of this agreement, the transportation is part of a service that serves a Member State. 6. Nothing in this Agreement shall be deemed to confer on: (a) U.S. airlines the right to take on board, in the territory of any Member State, passenger, cargo, or baggag mail carried for compensation and destined for another point in the territory of that Member State; (b) Community airlines the right to take on board, in the territory of the United States, passenger, cargo, or baggag mail carried for compensation and destined for another point in the territory of the United States. 7. Community airlines ' access to U.S. Government procured transportation shall be governed by Annex 3. Article 4 Authorization On receipt of applications from an airline of one Party, in the form and manner prescribed for operating authorization and technical permissions, the other Party shall grant appropriate authorization and permissions with minimum procedural delay, provided: (a) for a U.S. airline, substantial ownership and effective control of that airline are vested in the United States , U.S. national, or both, and the airline is licensed as a U.S. airline and has its principal place of business in the U.S. territory; (b) for a Community airline, substantial ownership and effective control of that airline are vested in a Member State or States, nationals of such a State or States, or both, and the airline is licensed as a Community airline and has its principal place of business in the territory of the European Community; (c) the airline is qualified to meet the conditions prescribed under the laws and regulations normally applied to the operation of international air transportation by the Party considering the application or applications; and (d) the provision set forth in article 7 (Safety) and article 8 (Security) are being maintained and administered. Article 4 Revocation of Authorization 1. Either Party may revoke, suspend or limit the operating authorization or technical permissions or otherwise suspend or limit the operations of an airline of the other Party where: (a) for a U.S. airline, substantial ownership and effective control of that airline are not vested in the United States, U.S. nationals, or both, or the airline is not licensed as a U.S. airline or does not have its principal place of business in the U.S. territory; (b) for a Community airline, substantial ownership and effective control of that airline are not vested in a Member State or States, nationals of such a State or States, or both, or the airline is not licensed as a Community airline or does not have its principal place of business in the territory of the European Community; or (c) that airline has failed to comply with the laws and regulations referred to in article 7 (Application of laws) of this agreement. 2. Unless immediate action is essential to prevent further noncomplianc it with subparagraph 1 (c) of this article, the rights established by this article shall be exercised only after consultation with the other Party. 3. This article does not limit the rights of either Party to withhold, revoke, limit or condition impost on the operating authorization or technical permission of an airline or airlines of the other Party in accordanc with the provision of article 7 (Safety) or article 8 (Security). Article 6 Additional matters related to Ownership, investment, Notwithstanding any other provision and Control in this agreement, the Parties shall implementations that the provision of Annex 4 in their decision under their respectiv law and regulations concerning ownership, investment and control. Article 7 Application of Law 1. The laws and regulations of a Party relating to the admission to or departure from its territory of aircraft engaged in international air navigation, or to the operation and navigation of such aircraft while within its territory, shall be applied to the aircraft utilized by the airlines of the other Party, and shall be complied with by such aircraft upon entering or departing from or while within the territory of the first Party. 2. While entering, within, or leaving the territory of one Party, the laws and regulations applicable within that territory relating to the admission to or departure from its territory of a passenger, crew or cargo on aircraft (including regulations relating to entry, clearance, immigration, passports, customs and quarantine or, in the case of mail, postal regulations) shall be complied with by, or on behalf of , such passenger, crew or cargo of the other Party's airlines. Article 8 Safety 1. The will of the authorities of the Parties shall recognize as valid, for the purpose of operating the air transportation provided for in this agreement, certificates of competency, certificates of airworthines, and licenses issued or validated by each other and still in force, provided that the requirements for such certificates or licenses at least equal the minimum standards that may be established pursuan to the Convention. The responsible authorities in may, however, to recognize as valid the refus for the purpose of flight above their own territory, certificates of competency and licenses granted to or validated for their own nationals by such other authorities. 2. The responsible authorities of a Party may request a consultation with other responsible authorities concerning the safety standards maintained by the those authorities relating to aeronautical facilities, aircrew, aircraft, and operation of the airlines overseen by those authorities. Such a consultation shall take place within 45 days of the request unless otherwise agreed to. If following such consultation, the requesting authority responsible authorities find that those authorities do not effectively maintain and administer safety standards and requirements in these areas that at least equal the minimum standards that may be established pursuan to the Convention, the responsible authorities shall notify the requesting those authorities of such finding and the steps do not conform with the cessary considered these minimum standards , and those authorities shall take the appropriate correctiv actions. The requesting authority responsible authorities reserve the right to withhold, revoke or limit the operating authorization or technical permission of an airline or airlines for which those authorities provide safety oversigh in the event those authorities do not take such appropriate correctiv action within a reasonable time and to take immediate action as to such airline or airlines if essential to prevent further noncomplianc with the duty to maintain and administer the aforementioned standards and requirements resulting in an immediate threat the flight safety. 3. The European Commission shall simultaneously receive all requests and notifications under this article. 4. Nothing in this article shall prevent the authorities of the responsible of the parties from conducting safety discussions, including those relating to the application of safety standards routin and requirements or the emergency situation that may «arise from time to time. Article 9 Security 1. In accordanc with their rights and obligations under international law, the parties reaffirm that their obligation to each other to protect the security of civil aviation against acts of unlawful interference forms an integral part of this agreement. Without limiting the generality of their rights and obligations under international law, the Parties shall in particular act in conformity with the following agreements: the Convention on Offens and Certain Other Acts Committed on Board aircraft, done at Tokyo September 14, 1963, the Convention for the Suppression of Unlawful chicken pox vaccine and of aircraft, done at the Hague December 16, 1970, the Convention for the Suppression of Unlawful acts against the Safety of Civil Aviation, the , done at Montreal September 23, 1971, and the Protocol for the Suppression of Unlawful acts of violence at airports Serving International Civil Aviation, done at Montreal February 24, 1988.2. The Parties shall provide upon request all not assistance to each other the cessary address any threat to the security of civil aviation, including the prevention of acts of unlawful chicken pox vaccine and of civil aircraft and other unlawful acts against the safety of such aircraft, of their passenger and crew, and of airports and air navigation facilities. 3. The Parties shall, in their mutual relations, act in conformity with the aviation security standards and appropriate recommended practices established by the International Civil Aviation Organization and designated as Annex to the Convention; They shall require that operators of aircraft of their registry, operators of aircraft who have their principal place of business or permanent residence in their territory, and the operators of airports in their territory Act in conformity with such aviation security provision. 4. Each Party shall ensur that effective measure taken by it in the territory within the protect aircraft and to inspect a passenger, crew, and their baggag and carry-on items, as well as cargo and aircraft stores, prior to and during boarding or loading; and that those are the basis of the measure to meet the increased threats to the security of civil aviation. Each Party agree that provision of the security required by the other Party for departure from and while within the territory of that other Party must be observed. Each Party shall give positive considerations to any request from the other Party for special security measure to meet a particular threat. 5. With full regard and mutual respect for each other's sovereignty, a Party may be security measure the adop for entry into its territory. Where possible, that Party shall take into account the security measure-already applied by the other Party and any views that the other Party may offer. Each Party recognizes, however, that nothing in this article limits the ability of a Party to their entry into the refus its territory of any flight or flights that it will present them a deemas threat to its security. 6. A Party may take an emergency measure to meet the amendments including a specific security threat. Such measure shall be notified immediately by the responsible authorities of the of the other Party. 7. The parties underline the importanc of working towards compatible practices and standards as a means of enhancing air transport security and minimising the regulatory divergenc. To this end, the Parties shall fully utilizes and develop existing channels for the discussion of current and proposed security measure. The Parties expect that the discussions will address, among others issues, new security measure or proposed under the considerations by the other Party, including the revision of the security measure occasioned by (a) the change in circumstanc; the measure proposed by one Party to meet the security requirements of the other Party; for the more possibilities of adjustment of expeditio standards with respect to aviation security measure; and compatibility of the requirements of one Party with the legislative obligations of the other Party. Such discussion should serve to foster early notice and prior discussion of the new security initiative and requirements. 8. Without prejudice to the need to take immediate action in order to protect transportation security, the Parties affirm that when considering security measure, a Party shall evaluate possible adverse effects on international air transportation and, unless constrained by the law, shall take such factors into account when it's with "determin what is not appropriate to address cessary and those security concerns. 9. When an incident or threat of an incident of unlawful chicken pox vaccine and of aircraft or other unlawful acts against the safety of passenger, crew, aircraft, airports or air navigation facilities will occure, the Parties shall assist each other by facilitating communications and other appropriate measure intended to terminate the rapidly and safely such incident or threat. 10. When a Party has reasonable grounds to believe that the other Party has departed from the aviation security provision of this article, the responsible authorities of the of a Party may request immediate consultation with the responsible authorities of the of the other Party. Failure to reach a satisfactory agreement within 15 days from the date of such request shall withhold the constitut ground, revoke, limit, or impost condition on the operating authorization and technical permissions of an airline or airlines of that Party. When required by an emergency, a Party may take interim action prior to the expiry of 15 days. 11. Separate from airport assessments undertaken to determin the conformity with the aviation security standards and practices referred to in paragraph 3 of this article, a Party may request the cooperation of the other Party in assessing particular security measure of whethers that other Party meet the requirements of the requesting Party. The will of the authorities of the Parties shall line in advance the airports to be assessed and the data of assessment and establish a procedure to address the results of such assessments. Taking into account the results of the assessments, the requesting Party may decide that security measure of an equivalent standard with applied in the territory of the other Party in order that a transfer passenger, transfer, and/or baggag transfer cargo may be exempted from re-screening in the territory of the requesting Party. Such a decision shall be communicated to the other Party. Article 10 Commercial opportunities 1. The airlines of each Party shall have the right to establish offices in the territory of the other Party for the promotion and sale of air transportation and related activities. 2. The airlines of each Party shall be entitled, in accordanc with the laws and regulations of the other Party relating to entry, residence, and employment, to bring in and maintain in the territory of the other Party managerial, sales, technical, operational, and other specialist staff who are required to support the provision of air transportation. 3. (a) without prejudice to subparagraph (b) below, each airline shall have in relations to groundhandling in the territory of the other Party: (i) the right to perform its own groundhandling ("self-handling") or, at its option (ii) the right to select among competing suppliers that provide groundhandling services in whole or in part where such suppliers are allowed to market access on the basis of the laws and regulations of each Party , and where such suppliers are present in the market. (b) the rights under (i) and (ii) in subparagraph (a) above shall be subject only to the specific constraint of available space or capacity arising from the need to maintain safe operation of the airport. Where such a preclud self-constraint handling and where there is no effective competition between suppliers that provide groundhandling services, all such services shall be available on both an equal and an adequat base to all airlines; prices of such services shall not their full cost including 12 a reasonable return on assets, after depreciation. 4. Any airline of each Party may engage in the sale of air transportation in the territory of the other Party directly and/or, at the airline's discretion, through its sales agents or others to be appointed by the intermediar airline. Each airline shall have the right to sell such transportation, and any person shall be free to purchase such transportation, in the currency of that territory or in freely convertible currencies. 5. Each airline shall have the right to convert and remi from the territory of the other Party to its home territory and, except where inconsistent with generally applicable law or regulation, the country or countries of its choice, on demand, local revenues in excess of the sum disbursed locally. Conversion shall be permitted promptly and the remittanc without restriction or taxation in respect thereof at the rate of Exchange applicable to current transactions and remittanc on the date the carrier makes the initial application for remittanc. 6. The airlines of each Party shall be permitted to pay for local expense, including the purchase of fuel, in the territory of the other Party in local currency. At their discretion, the airlines of each Party may pay for such expense in the territory of the other Party in freely convertible currencies according to local currency regulation. 7. In operating or holding out services under the agreement, any airline of a Party may enter into cooperative marketing arrangements such as blocked-space, or code-sharing arrangements, with: (a) any airlines or airlines of the parties; (b) any airlines or airlines of a third country; and (c) a surface (land or maritime) transportation provider of any country; provided that (i) all participants in such arrangements hold the appropriate authority and (ii) the arrangements meet the conditions prescribed under the laws and regulations normally applied by the parties to the operation or holding out of international air transportation. 8. The airlines of each Party shall be entitled to enter into arrangements with franchising or branding companies, including airlines, of either Party or third countries, provided that the airlines hold the appropriate authority and meet the conditions prescribed under the laws and regulations normally applied by the parties to such arrangements. Annex 5 shall apply to such arrangements. 9. The airlines of each Party may enter into arrangements for the provision of aircraft with crew for international air transportation with: (a) any airlines or airlines of the parties; and (b) any airlines or airlines of a third country; provided that all participants in such arrangements hold the appropriate authority and meet the conditions prescribed under the laws and regulations normally applied by the parties to such arrangements. Ither Party shall not require an airline of either Party providing the aircraft to hold traffic rights under this agreement for the routes on which the aircraft will be operated. 10. Notwithstanding any other provision of this agreement, airlines and indirect providers of cargo transportation of the Parties shall be permitted, without restriction, to employ in connection with international air transportation any surface transportation for cargo to or from any points in the territories of the parties, or in third countries, including transport to and from all airports with customs facilities , and including, where applicable, the right to transport cargo in bond under applicable laws and regulations. Such cargo, whethers moving by surface or by air, shall have access to airport customs processing and facilities. Airlines may elect to perform their own surface transportation or to provide it through arrangements with other surface carrier, including surface transportation operated by other airlines and indirect providers of cargo air transportation. Such intermodal cargo services may be offered at a single, through price for the air and surface transportation combined, provided that the shipper are not misled as to the facts concerning such transportation. Article 11 customs duties and charges 1. On arriving in the territory of one Party, the aircraft operated in international air transportation by the airlines of the other Party, their regular equipment, ground equipment, fuel, lubricant, the consumabl technical supplies, spare parts (including engines), aircraft stores (including but not limited to such items of food, beverages and liquor, tobacco and other products destined for sale to or use by passenger in limited quantit to during the flight) , and others items intended for or used solely in connection with the operation or servicing of aircraft engaged in international air transportation shall be the main, on the basis of reciprocity, from all import restriction, property taxes and capital, customs duties the lev, excise tax, and similar fees and charges that are imposed by (a) the national authorities or the European Community, and (b) not based on the cost of services provided , provided that such equipment and supplies remain on board the aircraft. 2. There shall also be a main, on the basis of reciprocity, from the taxi, lev, duties, fees and charges referred to in para graph 1 of this article, with the exception of charges based on the cost of the service provided: (a) aircraft stores introduced into or supplied in the territory of a Party and taken on board, within reasonable limits, for use on outbound aircraft of an airline of the other Party engaged in international air transportation , even when these stores are to be used on a part of the journey performed over the territory of the Party in which they are taken on board; (b) ground equipment and spare parts (including engines) introduced into the territory of a Party for the servicing, maintenance, or repair of aircraft of an airline of the other Party used in international air transportation; (c) fuel, lubricant and consumabl of technical supplies introduced into or supplied in the territory of a Party for use in an aircraft of an airline of the other Party engaged in international air transportation, even when these supplies are to be used on a part of the journey performed over the territory of the Party in which they are taken on board; and (d) printed matter, as provided for by the customs legislation of each Party, introduced into or supplied in the territory of one Party and taken on board for use on outbound aircraft of an airline of the other Party engaged in international air transportation, even when these stores are to be used on a part of the journey performed over the territory of the Party in which they are taken on board. 3. Equipment and supplies referred to in paragraphs 1 and 2 of this article may be required to be kep under the supervision or control of the appropriate authorities. 4. The exemption provided by this Artic le shall also be available where the airlines of one Party have contracted with another airline, which similarly enjoy such an exemption from the other Party, for the loan or transfer in the territory of the other Party of the items specified in paragraphs 1 and 2 of this article. 5. Nothing in this Agreement shall prevent either Party from imposing taxes, lev, duties, fees or charges on goods sold other than for consumption on board of a sector of the passenger during an air service between two points within its territory at which embarkation or disembarkations is permitted. 6. In the event that two or more Member States of applying envisag to the fuel supplied to aircraft of U.S. airlines in the territories of such Member States for flights between such Member States any waiver of the exemption led in article 14.1 (b) of Council Directive 2003/96/EC of 27 October 2003, the Joint Committee shall consider that issue , in accordanc with paragraph 4 (e) of Article 7a may 18 Party request the assistance of the other Party, on behalf of its airline or airlines, in securing an exemption from taxes, duties, charges and fees imposed by State and local governments or authorities on the goods specified in paragraphs 1 and 2 of this article, as well as from fuel through-put charges , in the described in this article of circumstanc, except to the exten the that the charges are based on the cost of providing the service. In response to such a request, the other Party shall bring the view of the requesting Party to the attention of the relevant governmental unit or authority and are urg that those views be given appropriate considerations. Article 12 User charges 1. User charges that may be imposed by the competent charging authorities or to bodies of each Party on the airlines of the other Party shall be just, reasonable, not unjustly discriminatory, and equitably apportioned among categories of users. In any event, any such user charges shall be assessed on the airlines of the other Party on terms not less favorable than the most favorable terms available to any other airline at the time the charges are assessed. 2. User charges imposed on the airlines of the other Party may, but shall not reflec exceeds 100, the full cost to the competent charging authorities or to bodies of providing the appropriate airport, airport environmental, air navigation, and aviation security facilities and services at the airport or within the airport system. Such charges may include a reasonable return on assets, after depreciation. Facilities and services for which charges are made shall be provided on an efficient and economic basis. 3. Each Party shall in consultation between encourag the competent charging authorities or to bodies in its territory and the airlines using the services and facilities, and shall be encourag the competent charging authorities or bodies and the airlines to exchange such information as may be does not permit an accurate cessary to review of the reasonablenes of the charges in accordanc with the principles of paragraphs 1 and 2 of this article. Each Party shall be encourag the competent charging authorities to provide users with reasonable notice of any proposal for changes in user charges to enable users to express their views before changes are made. 4. no Party shall be held, in ither dispute resolution procedures to article 19, pursuan to be in breach of a provision of this article, unless (a) it will review the undertak a file of the charge or practice that is the subject of complaint by the other Party within a reasonable amount of time; or (b) following such a review in file to take all steps within its power to remedy any charge or practice that is inconsistent with this article. Article 13 Pricing 1. Prices for air transportation services operated pursuan to this Agreement shall be established freely and shall not be subject to approval, nor may they be required to be filed. 2. Notwithstanding paragraph 1: (a) the introduction or continuation of a price proposed to be charged or charged by a U.S. airline for international air transportation between a point in one Member State and a point in another Member State shall be consistent with article 1 (3) of Council Regulation (EEC) 2409/92 of 23 July 1992, or a note more restrictive successors of the regulations. (b) Under this paragraph, the airlines of the Parties shall provide immediate access, on request, to information on historical, existing, and proposed prices to the will of the authorities of the parties in a manner and form a acceptabl to those authorities. Article 14 the Government to Subsidize and support 1. The parties recognize that Government to subsidize and support may adversely affec the fair and equal opportunity of airlines compete in providing the international air transportation governed by the this agreement. 2. If one Party believe that a Government of subsidy or support being considered or provided by the other Party for or to the airlines of the other Party, you would adversely affec or IR regimes that adversely fair and equal opportunity of the airlines of the first Party to compete, it may submit observations to that Party. Furthermore, it may request a meeting of the Joint Committee as provided in article 18, to consider the issue and develop appropriate responses to concerns found to be legitimat. 3. Each Party may approach responsible governmental entities in the in the territory of the other Party, including entities at the State, to the provincial or local level, if it's a subsidy or to believe that support being considered or provided by such entities to will have the adverse competitive effects referred to in paragraph 2 (a) Party to decide. If make such direct contact it shall inform promptly the other Party through diplomatic channels. It may also request a meeting of the Joint Committee. 4. the issues raised under this article could include, for example, capital injection, cross-subsidization, gravel, guarantee, ownership, tax exemption or relief, by any governmental entities. Article 15 Environment 1. The parties recognize the importanc of protecting the environment when developing and implementing international aviation policy. The parties recognize that the costs and benefits of the measure to protect the environment must be carefully weighed in developing international aviation policy. 2. When a Party is considering proposed environmental measure, it should evaluate possible adverse effects on the exercise of rights led in this agreement, and, if such measure is adopted, it should to take the appropriate steps to mitigat any such adverse effects. 3. When environmental measure with an established, the aviation environmental standards adopted by the International Civil Aviation Organization in the Annex to the Convention shall be followed except where difference of have been filed. The Parties shall apply any measure of environmental regimes by the air services under this agreement in accordanc with article 2 and 3 (4) of this agreement. 4. If one Party believe that (a) the matter involving aviation environmental protection cause of concern for the application or implementation of this agreement, it may request a meeting of the Joint Committee, as provided in article 18, to consider the issue and develop appropriate responses to concerns found to be legitimat. Article 16 Consumer Protection the Parties affirm the importanc of protecting consumers, and either Party may request a meeting of the Joint Committee to discuss consumer protection issues that the requesting Party to identify as significant. Article 17 Computer Reservation Systems Computer Reservation systems 1 (CRS) vendors operating in the territory of one Party shall be entitled to bring in, maintain, and make freely available their CRS to travel agencies or travel companies whose principal business is the distribution of travel-related products in the territory of the other Party provided the CRS to compl with any relevant regulatory requirements of the other Party. 2. no Party shall, in its ither territory, impost or permit to be imposed on the CRS vendors of the other Party more the stringen requirements with respect to CRS displays (including edit and display parameters), operations, practices, sales, or ownership than those imposed on its own CRS vendors. 3. the Owner/Operator of CRS of one Party that comply with the relevant regulatory requirements of the other Party, if any, shall have the same opportunity to own CRS is within the territory of the other Party as do owners/operators of that Party. Article 18 the Joint Committee 1. A Joint Committee consisting of representatives of the Parties shall meet at least once a year to conduct a consultation relating to this agreement and to review its implementation. 2. A Party may also request a meeting of the Joint Committee to seek to resolve questions relating to the interpretation or application of this agreement. However, with respect to article 20 or to Annex 2, the Joint Committee may consider questions only relating to the refusal by either Participant to the commitment undertaken by the implementations, and the impact of competition decisions on the application of this agreement. Such a meeting shall begin at the earlies to a possible date, but not later than 60 days from the date of receipt of the request, unless otherwise agreed to. 3. The Joint Committee shall review, from later than at its first annual meeting and thereafter as appropriate, the overall implementation of the agreement, including any effects of aviation infrastructure constraint on the exercise of the rights provided for in article 3, the effects of the security measure taken under article 9 of the effects on the conditions of competition, including in the field of Computer Reservation systems , and any social effects of the implementation of the agreement. 4. The Joint Committee shall also develop cooperation by: (a) fostering expert-level exchanges on new legislative or regulatory initiative and developments, including in the fields of security, safety, the environment, aviation infrastructure (including slots), and consumer protection; (b) considering the social effects of the agreement as it is implemented and developing appropriate responses to concerns found to be legitimat; (c) considering potential areas for the further development of the agreement, including the recommendations of amendments to the agreement; (d) maintaining an inventory of issues regarding Government to subsidize or support raised by either Party in the Joint Committee; (e) making a decision, on the basis of consensus, concerning any matters with respect to application of paragraph 6 of article 11; (f) developing, within one year of the provisional application, the determination of regulatory approaches with regards to airline fitness and citizenship, with the goal of achieving reciprocal recognition of such determination; (g) developing a common understanding of the criteria used by the parties in making their decision in the case of the respectiv concerning airline control, to the exten the consistent with confidentiality requirements; (h) fostering consultation, where appropriate, on air transport issues to deal with in international organizations and in relations with third countries, including considerations of whethers to adop a joint approach; (i) the taking, on the basis of consensus, the decision to which paragraph 3 of article 1 of Annex 4 and paragraph 3 of article 2 of Annex 4 refer. 5. The parties share the goal of maximizing the benefits for consumers, airlines, labor, and communities on both sides of the Atlantic by extending this agreement to include third countries. To this end, the Joint Committee shall work to develop a proposal regarding the conditions and procedures, including any amendments to this cessary not agreement, that would be required for third countries to accede to this agreement. 6. The Joint Committee shall operate on the basis of consensus. Article 19 Arbitration 1. Any dispute relating to the application or interpretation of this agreement, other than issues arising under article 20 or under Annex 2, that is not resolved by a meeting of the Joint Committee may be referred to a person or body for decision by agreement of the parties. If the parties do not so agree, the dispute shall, at the request of either Party, be submitted to arbitration in accordanc with the procedures set forth below. 2. Unless the parties otherwise agree, the arbitration shall be by a tribunal of three arbitrator to be constituted as follows: (a) Within 20 days after the receipt of a request for arbitration, each Party shall name one arbitrator. Within 45 days after these two have been named arbitrator, they shall by agreement to a third arbitrator appoin, who shall act as President of the tribunal. (b) If either Party to name the file an arbitrator, or if the third arbitrator is not appointed in accordanc with subparagraph (a) of this paragraph, either Party may request the President of the Council of the International Civil Aviation Organization to appoin the arbitrator or arbitrator is cessary not within 30 days of receipt of that request. If the President of the Council of the International Civil Aviation Organization is a national of either the United States or a Member State, the most senior Vice President of that Council who is not disqualified on that ground shall make the appointment. 3. Except as otherwise agreed, the tribunal shall determin the limits of its jurisdiction in accordanc with this agreement and shall establish its own procedural rules. At the request of a Party, the tribunal, once formed, may ask the other Party to the interim relief measure of implementations that pending the tribunal's final determination. At the direction of the tribunal or at the request of either Party, shall be (a) Conference held not later than 15 days after the tribunal is fully constituted for the tribunal to determin the precise issues to be arbitrated and the specific procedures to be followed. 4. Except as otherwise agreed or as directed by the tribunal: (a) the statement of claim shall be submitted within 30 days of the time the tribunal is fully constituted, and the statement of defense shall be submitted 40 days thereafter. Any reply by the shall be submitted within 15 claiman to days of the submission of the statement of Defense. Any reply by the responden a shall be submitted within 15 days thereafter. (b) the tribunal shall hold a hearing at the request of either Party, or may hold a hearing on its own initiative, within 15 days after the last reply is filed. 5. The tribunal shall attempt to render a written decision within 30 days after completion of the hearing or, if from the hearing is held, within 30 days after the last reply is submitted. The decision of the majority of the tribunal shall prevails. 6. The parties may submit requests for clarification of the decision within 10 days after it is rendered and any clarification given shall be issued within 15 days of such request. 7. If the tribunal of determin that there has been a violation of this agreement and the responsible Party does not cure the violation, or does not reach agreement with the other Party on a mutually satisfactory resolution within 40 days after notification of the tribunal's decision, the other Party may suspend the application of benefits arising comparabl under this agreement until such time as the parties have reached agreement on a resolution of the dispute. Nothing shall be construed in this paragraph as limiting the right of either Party to take proportional measure in accordanc with international law. 8. The expense of the tribunal, including the fees and expense of the arbitrator shall be shared equally, by the parties. Any expense incurred by the the President of the Council of the International Civil Aviation Organization, or by any Vice President of that Council, in connection with the procedures of paragraph 2 (b) of this article shall be considered to be part of the expense of the tribunal. Article 20 Competition 1. The parties recognize that competition among airlines in the transatlantic market is important to promote the objective of this agreement, and confirm that they apply their respectiv competition regime to protect and enhance overall competition and not individual competitors. 2. The parties recognize the difference of the «arise concerning a may the application of their competition regime of their respectiv international aviation regimes by the transatlantic market, and that competition among airlines in that market might be fostered by minimising those difference. 3. The Parties recognize that cooperation between their competition authorities respectiv serve to promote competition in markets and has the potential to promote compatible regulatory results and a difference in minimis approach them with respect to their respectiv competition review of inter-carrier agreements. Consequently, the Parties shall further this cooperation to the exten to feasibl, taking into account the different responsibilities, competencies and procedures of the authorities, in accordanc with Annex 2 4. The Joint Committee shall be briefed annually on the results of the cooperation under Annex 2. Article 21 of Second stage negotiation 1. The parties share the goal of continuing to open access to their markets and their benefits for maximis consumers, airlines, labor, and communities on both sides of the Atlantic, including the facilitation of investment so as to better reflec the realit in the global aviation industry, of (a) the strengthening of the transatlantic air transportation system, and the establishment of a framework that will open in other countries to encourag their own air services markets. The Parties shall begin not later than negotiation, 60 days after the date of provisional application of this agreement, with the goal of developing the next stage expeditiously. 2. To that end, the agenda for the second stage of the negotiation shall include the following items of priority interest to one or both parties: (a) further liberalization of traffic rights; (b) additional foreign investment opportunities; (c) effect of environmental and infrastructure "constraint on the exercise of traffic rights; (d) further access to Government-financed air transportation; and (e) the provision of aircraft with crew. 3. The Parties shall review their progress towards a second stage agreement from later than 18 months after the date when the negotiation with is due to start in accordanc with paragraph 1 If the second stage of the agreement has been reached by the parties within twelve months of the start of the review, each Party reserve the right thereafter to suspend rights specified in this agreement. Such suspension shall take effect from the hurricanes than the start of the International Air Transport Association (IATA) traffic season that commenc of less than twelve months after the date on which notice of suspension is given. Article 22 Relationship to Other agreements 1. During the period of provisional application to article 25 pursuan of this agreement, the bilateral agreements listed in section 1 of Appendix 1, shall be suspended, except to the exten to provided in section 2 of Annex 2 1. Upon entry into force article 26 pursuan to of this agreement, this Agreement shall supersed the bilateral agreements listed in section 1 of Annex 1 , except to the exten to provided in section 2 of Appendix 1.3. If the parties become parties to (a) the multilaterals, agreement, or a decision adopted by endors the International Civil Aviation Organization or another international organization, that addresses matters covered by this agreement, they shall consult in the Joint Committee to determin the whethers this agreement should be revised to take into account such developments. Article 23 Termination Either Party may, at any time, give notice in writing through diplomatic channels to the other Party of its decision to terminate this agreement. Such notice shall be sent simultaneously to the International Civil Aviation Organization. This agreement shall terminate at midnight GMT at the end of the International Air Transport Association (IATA) traffic season in effect one year following the date of written notification of termination, unless the notice is withdrawn by agreement of the parties before the end of this period. Article 24 Registration with ICAO this agreement and all amendments shall be registered by the theret with the International Civil Aviation Organization. Article 25 Provisional Application Pending entry into force of article 26 it pursuan: 1) the parties agree to apply this agreement from 30 March 2008.2) Either Party may at any time give notice in writing through diplomatic channels to the other Party of a decision to no longer apply this agreement. In that event, the application shall cease at midnight GMT at the end of the International Air Transport Association (IATA) traffic season in effect one year following the date of written notification, unless the notice is withdrawn by agreement of the parties before the end of this period. Article 26 Entry into force this Agreement shall enter into force one month after the date of the later note in an exchange of diplomatic notes between the parties confirming that all non cessary for entry into force of the procedure of this agreement have been completed. For the purpose of this Exchange, the United States shall deliver to the European Community the diplomatic note to the European Community and its Member States, and the European Community shall deliver it to the United States the diplomatic notes or notes from the European Community and its Member States. The diplomatic note or notes from the European Community and its Member States shall contain communications from each Member State confirming that it does not cessary procedures for entry into force of this agreement have been completed. In WITNESS WHEREOF the undersigned, being duly authorized, have signed this agreement. Done at Brussels on the twenty-fifth day of April, 2007 and at Washington on the thirtieth day of April, 2007, in duplicate.




ANNEX 1 Section 1 As provided in article 22 of this agreement, the following bilateral agreements between the United States and the Member States shall be suspended or superseded by this agreement: a.-the Republic of Austria: the Air Services Agreement, signed at Vienna March 16, 1989; amended June 14, 1995 b. The Kingdom of Belgium: Air TRANS port agreement, effected by Exchange of notes at Washington October 23, 1980; amended September 22 and November 12, 1986; amended November 5, 1993 and January 12, 1994 (Amendment concluded on September 5, 1995 (provisionally applied).) c. -The Republic of Bulgaria: Civil aviation security agreement, signed at Sofia April 24, 1991 d. The Czech Republic: Air transport agreement, signed at Prague September 10, 1996; amended June 4, 2001 and February 14, 2002 e. The Kingdom of Denmark: Agreement relating to air transport services, effected by Exchange of notes at Washington December 16, 1944; amended August 6, 1954; amended June 16, 1995 f. -The Republic of Finland: Air transport agreement, signed at Helsinki March 29, 1949; related protocol signed May 12, 1980; Agreement amending 1949 agreement and the 1980 protocol concluded June 9, 1995. The French Republic: Air transport agreement, signed at Washington June 18, 1998; amended October 10, 2000; amended on January 22, 2002, h. The Federal Republic of Germany: Air transport agreement and exchange of notes, signed at Washington July 7, 1955; amended April 25, 1989 (related protocol concluded November 1, 1978; related agreement concluded May 24, 1994; protocol amending the 1955 agreement concluded on May 23, 1996; agreement amending the 1996 protocol concluded on October 10, 2000 (all provisionally applied).) i. The Hellenic Republic: Air transport agreement, signed at Athens on July 31, 1991; extended until July 31, 2007 by the exchange of notes of June 22 and 28, 2006, j. -The Republic of Hungary: Air transport agreement and memorandum of understanding, signed at Budapest July 12, 1989; extended until July 12, 2007 by the exchange of notes of July 11 and 20, 2006. c. Ireland: Agreement relating to air transport services, effected by Exchange of notes at Washington February 3, 1945; amended January 25, 1988 and September 29, 1989; amended July 25 and September 6, 1990 (Memorandum of consultation, signed at Washington October 28, 1993 (provisionally applied).) l. The Italian Republic: Air transport agreement, with memorandum and exchange of notes, signed at Rome June 22, 1970; amended October 25, 1988; the related memorandum of understanding signed September 27, 1990; Amendment of 1970 agreement and 1990 MOU concluded November 22 and December 23, 1991; Amendment of 1970 agreement and 1990 MOU concluded May 30 and October 21, 1997; Agreement supplementing the 1970 agreement concluded December 30, 1998 and February 2, 1999 (Protocol amending the 1970 agreement concluded December 6, 1999 (provisionally applied).) m. The Grand Duchy of Luxembourg: Air transport agreement, signed at Luxembourg August 19, 1986; amended June 6, 1995; amended July 13 and 21, 1998. n. Malta: Air transport agreement, signed at Washington on October 12, 2000. o. The Kingdom of the Netherlands: Air transport agreement, signed at Washington April 3, 1957; Protocol amending the 1957 agreement concluded on March 31, 1978; Amendment of 1978 protocol concluded June 11, 1986; Amendment of 1957 agreement concluded October 13 and December 22, 1987; Amendment of 1957 agreement concluded on January 29 and March 13, 1992; Amendment of 1957 Agreement and 1978 protocol concluded October 14, 1992 p. -The Republic of Poland: Air transport agreement, signed at Warsaw June 16, 2001. q. The Portuguese Republic: Air TRANS port agreement, signed at Lisbon May 30, 2000. r. Romania: Air transport agreement, signed at Washington July 15, 1998. The Slovak Republic: Air transport agreement, signed at Bratislava January 22, 2001. The Kingdom of Spain: Air transport agreement signed at Madrid February 20, 1973; related agreement of February 20, March 31 and April 7, 1987; Amendment of the 1973 agreement concluded May 31, 1989; Amendment of the 1973 agreement concluded November 27, 1991 u. The Kingdom of Sweden: Agreement relating to air transport services, effected by Exchange of notes at Washington December 16, 1944; amended August 6, 1954; amended June 16, 1995 g. The United Kingdom of Great Britain and Northern Ireland: agreement concerning air services, and exchange of letters, signed at Bermuda July 23, 1977; Agreement relating to North Atlantic air fares, concluded March 17, 1978; Agreement amending the 1977 agreement, concluded April 25, 1978; Agreement modifying and extending the 1978 agreement relating to North Atlantic air fares, concluded November 2 and 9, 1978; Agreement amending the 1977 agreement, concluded December 4, 1980; Agreement amending the 1977 agreement, concluded February 20, 1985; Agreement amending article 7, Annex 2, and Annex 5 of the 1977 agreement, concluded May 25, 1989; Agreement concerning amendments of the 1977 agreement, termination of the US/UK Arbitration Concerning Heathrow Airport User charges and the request for arbitration made by the United Kingdom in its embassy's note from. 87 of 13 October 1993 and settlement of the matters which gave rise to those proceedings, concluded March 11, 1994; Agreement amending the 1977 agreement, concluded March 27, 1997 (provisionally applied, Subject, being led in the memorandum of consultation is dated September 11, 1986; arrangements of led in the exchange of letters dated July 27, 1990; arrangements of led in the memorandum of consultation of March 11, 1991; arrangements of led in the exchange of letters dated October 6, 1994; arrangements of led in the memorandum of consultation of June 5 , 1995; subject of the led in the exchange of letters dated March 31 and April 3, 2000 (all provisionally applied).) Section 2 Notwithstanding section 1 of this Annex, for areas that are not encompassed within the definition of "territory" in article 1 of this agreement, the agreements in paragraphs (e) (Denmark-United States), (g) (France-United States), and (v) (United Kingdom-United States) of that section shall continue to apply, according to their terms. Section 3 Notwithstanding article 3 of this agreement, U.S. airlines shall not have the right to provide all-cargo services, that are not part of a service that serves the United States, to or from points in the Member States, except to or from points in the Czech Republic, the French Republic, the Federal Republic of Germany, the Grand Duchy of Luxembourg , Malta-the Republic of Poland, the Portuguese Republic, and the Slovak Republic. Notwithstanding any other provision of section 4 of this agreement, this section shall apply to scheduled and charter combination air transportation between Ireland and the United States with effect from the beginning of the IATA Winter season 2006/2007 until the end of the IATA Winter season 2007/2008 a. (i) Each U.S. and Community airline may operate 3 non-stop flights between the United States and Dublin for each non-stop flight that the airline operate the between the United States and Shannon. This entitlement for non-stop Dublin flights shall be based on an average of operations over the entire three-season transitional period. (A) shall be deemed to be the flight of a non-stop Dublin, or a non-stop Shannon, flight, according to the first point of entry into, or the last point of departure from, Ireland. (ii) the requirement to serve Shannon in subparagraph (a) (i) of this Section shall terminate if any airline's scheduled or charter combination inaugurat services between Dublin and the United States, in either direction, without operating at least one non-stop flight to Shannon for every three non-stop flights to Dublin, averaged over the transition period. b. For services between the United States and Ireland, Community airlines may serve only Boston, New York, Chicago, Los Angeles, and 3 additional points in the United States, to be notified to the United States upon selection or change. These services may operate via intermediate points in the other Member States or in third countries. c. code sharing shall be authorized between Ireland and the United States only via other points in the European Community. Other code-share arrangements will be considered on the basis of comity and reciprocity.
ANNEX 2 Concerning Cooperation With respect to Competition issues in the Air Transportation Industry Article 1 the cooperation as set forth in this Annex shall be implemented by the Department of Transportation of the United States of America and the Commission of the European Communities (hereinafter referred to as "the participants"), consistent with their function in addressing the respectiv competition issues in the air transportation industry involving the United States and the European Community. Article 2 purpose the purpose of this cooperation is: 1. To enhance mutual understanding of the application by the participants of the laws, procedures and practices under their respectiv competition regime to encourag competition in the air transportation industry; 2. the understanding between the facilitat participants of the impact of air transportation industry developments on competition in the international aviation market; 3. To reduce the potential for conflicts in the participants ' application of their respectiv competition regime of their agreements and others subject to the cooperative which have an impact on the transatlantic market; 4. To promote and compatible approaches to regulatory agreements and other cooperative arrangements through a better understanding of the analytical techniques including methodolog, the definition of the relevant market (s) and analysis of competitive effects, and remedies that the participants use in their respectiv independent competition reviews. Article 3 Definition For the purpose of this Annex, the term "competition regime" means the laws, procedures and practices that govern the participants ' exercise of their function in the respectiv reviewing agreements cooperative arrangements and others among airlines in the international market. For the European Community, this includes, but is not limited to, articles 81, 82, and 85 of the Treaty Establishing the European Community and their implementing regulations pursuan to the said Treaty, as well as any amendments to theret. For the Department of Transportation, this includes, but is not limited to, sections 41308, 41720 of title 41309, and 49 of the United States Code, and its implementing regulations and legal precedent to pursuan theret. Article 4 areas of Cooperation subject to the qualification in subparagraph 1 (a) and 1 (b) of article 5, the types of cooperation between the participants shall include the following: (1) the Meetings between the representatives of the participants, to include competition experts, in principle on a semi-annual basis, for the purpose of discussing developments in the air transportation industry, competition policy matters of mutual interest , and analytical approaches to the application of competition law to international aviation, particularly in the transatlantic market. The above discussions may lead to the development of a better understanding of the participants ' approaches of their respectiv competition issues, including existing commonalit, and to more compatibility in those approaches, in particular with respect to inter-carrier agreements. (2) Consultation at any time between the participants, by mutual agreement or at the request of either Participant, to discuss any matter related to this Annex, including specific cases. (3) Each Participant may, at its discretion, to, invite representatives of other governmental authorities as appropriate the participat in any meeting or consultation is held to the paragraphs 1 or pursuan 2 above. (4) the Timely notification of the following proceedings or matters, which in the judgement of the notifying the Participant may have significant implications for the competition interests of the other Participant to: a. With respect to the Department of Transportation, (i) proceedings for review of applications for approval of agreements and other cooperative arrangements among airlines involving international air transportation, in particular for antitrust immunity involving airlines organized under the laws of the United States and the European Community , and (ii) receipt by the Department of Transportation of a joint venture agreement to section 41720 pursuan of title 49 of the United States Code; and (b) With respect to the Commission of the European communities, (i) proceedings for review of agreements and other cooperative arrangements among airlines involving international air transportation, in particular for the Alliance and other cooperative agreements involving airlines organized under the laws of the United States and the European Community, and (ii) considerations of individual or block exemption from European Union competition law; (5) the Notification of the availability, and any condition of availability of each that information and data filed with a Participant, in electronic form or otherwise, that, in the judgement of that Participant, may have significant implications for the competition interests of the other Participant; and (6) Notification of such other activities relating to air transportation competition policy as may be appropriate to se the notifying Participant. Article 5 the use and disclosure of Information (1) Notwithstanding any other provision of this Annex, no Participant is expected it ither provide information to the other Participant if disclosure of the information to the requesting Participant: a. is the law, prohibited by regulations or practices of the Participant to possessing the information; or (b) would be incompatibl with the important interests of the Participant to possessing the information. (2) Each Participant shall be to the exten to maintain the confidentiality of possible any information provided to it in confidence by the other Participant under this Annex and any applications for the oppos disclosure of such information to a third party that is not authorized by the Participant supplying it to receive the information. Each Participant intends to notify to the other the Participant whenever any information proposed to be exchanged in discussions or in any other manner may be required to be disclosed in a public proceedings. (3) where (a) the Annex pursuan this information on a Participant provides a confidential basis to the other Participant for the purpose of access specified in article 2, that information should be used by the receiving Participant only for that purpose. Article 6 Implementation (1) Each Participant is designating a representative to be responsible for coordination of activities established under this Annex. (2) this Annex, and all activities undertaken by a Participant to it, with the pursuan. intended to be implemented only to the exten the consistent with all laws, regulations, and practices applicable to that Participant; and (b) intended it to be implemented. without prejudice to the agreement between the European communities and the Government of the United States of America Regarding the Application of their Competition laws.
ANNEX 3 Concerning U.S. Government Procured Transportation Community airlines shall have the right to transport passenger and cargo on scheduled and charter flights for which a U.S. Government civilian Department, agency, or instrumentality (1) obtain the transportation for itself or in carrying out payment through the United Nations under which is made by the Government or payment is made from non provided for the use of the Government , or (2) provides the trans portation to or for a foreign country or international organization or others without reimbursemen, and that transportation is (a) between any point in the United States and any point in a Member State, except with respect to passenger-only-between the points for which there is a city-pair contract fare in effect, or (b) between any two points outside the United States. This paragraph shall not apply to transportation obtained or funded by the Secretary of Defense or the Secretary of a military Department.
ANNEX 4 Concerning Additional Matters Related to Ownership, investment and Control article 1 of airlines of a Party Ownership 1. Ownership by a national of a Member State or States of the equity of a U.S. airline shall be permitted, subject to two limitations. First, ownership by all foreign nationals of more than 25 percent of a corporation's voting equity is prohibited. Second, actual control of a U.S. airline by foreign nationals is also prohibited. Subject to the overall 25 percent limitations on foreign ownership of voting equity: (a) ownership by national of (a). Member State or States of: (1) as much as 25 percent of the voting equity; and/or (2) as much as 49.9 percent of the total equity of a U.S. airline shall not be deemed, of itself, the control of the constitut an airline; and (b) a Member of the ownership by the national State or States of 50 percent or more of the total equity of a U.S. airline shall not be presumed to constitut control of that airline. Such ownership shall be considered on a case-by-case basis. 2. Ownership by U.S. national of a Community airline shall be permitted subject to two limitations. First, the airline must be majority owned by Member States and/or by nationals of Member States. Second, the airline must be effectively controlled by such States and/or such nationals. 3. For the purpose of paragraph (b) of article 4 and subparagraph 1 (b) of article 5 of this agreement, a member of the ecaa as of the date of signature of this agreement and the citizen of such a member shall be treated as a Member State and its national, respectively. The Joint Committee may decide that this provision shall apply to the new members of the ecaa and their citizens. 4. Notwithstanding paragraph 2, the European Community and its Member States reserve the right to limit investments by U.S. national in the voting equity of a Community airline made after the signature of this agreement to a level equivalent to that allowed by the United States for foreign nationals in U.S. airlines, provided that the exercise of that right is consistent with international law. Article 2 the Ownership and Control of Third-Country Airlines 1. ither Party shall Not exercise any rights available under air services arrangements with a third country to revoke, suspend, refus or limit authorization or permission for any airlines of that third country on the grounds that substantial ownership of that airline is vested in the other Party, it is national, or both. 2. The United States shall not exercise any rights available under air services arrangements to refus, limit, suspend or revoke authorization or permission for any airline of the Principality of Liechtenstein, the Swiss Confederations, a member of the ecaa as of the date of signature of this agreement, or any country in Africa that is implementing an Open-skies air services agreement with the United States as of the date of signature of this agreement , on the grounds that effective control of that airline is vested in a Member State or States, nationals of such a State or States, or both. 3. The Joint Committee may decide that not ither Party shall exercise the rights referred to in paragraph 2 of this article with respect to airlines of a specific country or countries. Article 3 the Control of airlines 1. The rules applicable in the European Community on the ownership and control of the Community air carrier is currently placed with down in article 4 of Council Regulation (EEC) No. 2407/92 of 23 July 1992 on licensing of air carrier. Under this Regulation, the responsibility for granting an Operating licence to the Community air carrier a lean with the Member States. Member States apply Regulation 2407/92 in accordanc with their national regulations and procedures. 2. The rules applicable in the United States are currently let down in Section 40102 of (a) (2) of title 49 41103 41102 and of the United States Code (U.S.C.), which require that licenses for a U.S. "air carrier" issued by the Department of Transportation, whethers a certificate, an exemption, or commuter, engage in charity "air transportation" as a common carrier , be held only by citizens of the United States as defined in § 40102 49 U.S. (C) (a) (15). That section requires that the President and two-thirds of the board of Directors and others managing officers of a corporation be a U.S. citizen, that at least 75 percent of the voting stock be owned by U.S. citizens, and that the corporation be under the actual control of U.S. citizens. The requirement must be met initially by an applicant, and continue to be met by a U.S. airline holding a license. 3. The practice followed by each Party in applying its law and regulations is set out in the Appendix to this Annex.
Appendix to Annex 4 1. In the United States, citizenship determination with no U.S. air carrier cessary for all applicants for a certificate, exemption, or commuter license. An initial application for a license is filed in a formal publication, and make the processed "on the record" with filings by the applicant and any other interested parties. The Department of Transportation render a final decision by an Order based on the formal public record of the case, including documents for which confidential treatment has been granted. (A) "continuing fitness" case may be handled informally by the Department, or may be set for procedures similar to docketed those used for initial applications. 2. The Department's determination to evolve through a variety of precedent, which among others things, reflec, the changing nature of financial markets and investment structures and GIVE it market's consider new approaches to foreign investment that are consistent with U.S. law. DOT works with applicants to consider proposed forms of investment and to assist them in fashioning transactions that fully comply with U.S. citizenship law, and regularly consult with applicants to GIVE staff before finalising their applications. At any time before a formal proceedings has begun, to GIVE staff may discuss the questions concerning citizenship issues or other aspects of the proposed transaction and offer suggestions, where appropriate, as it would allow the alternative that a proposed transaction to meet U.S. citizenship requirements. 3. In making its initial and continuing both citizenship and fitness determination, GIVEN the totality of consider the regimes the U.S. circumstanc airline, and Department precedent have permitted considerations of the nature of the aviation relationship between the United States and the homeland (s) of any foreign investor. In the context of this agreement, the DOT would treat investments from EU nationals at least as favorably as it would treat investments from national of multilaterals Open-skies bilateral or partner. 4. In the European Union, paragraph 5 of article 4 of Regulation 2407/92 provides that the European Commission, acting at the request of a Member State, shall examin the compliance with the requirements of article 4 and take a decision if not cessary. In taking such a decision the Commission must ensur is compliance with the procedural rights recognised as general principles of Community law by the European Court of Justice, including the right of interested parties to be heard in a timely manner. 5. When applying its laws and regulations, each Party shall ensur that any transaction involving investment in one of its airlines by nationals of the other Party is afforded fair and considerations of expeditio.
ANNEX 5 Concerning Franchising and Branding 1. The airlines of each Party shall not be precluded from entering into franchise or branding arrangements, including conditions relating to brand protection and operational matters, provided that they comply, in particular, to: with the applicable laws and regulations concerning the control; the ability of the airline to exist outside of the franchise is not jeopardized; the through a does not result in a foreign airline engaging in cabotag operations; and applicable regulations, such as the consumer protection provision, including those regarding the disclosure of the identity of the airline operating the service complied with the with. So long as those requirements are met, the close business relationships and cooperative arrangements between the airlines of each Party and foreign businesses with a permissibl, and each of the following individual aspects, among others, of a franchise or not, others would be through branding than in exceptional circumstanc, of itself raise control issues: (a) displaying a specific brand) using and or trademark of franchisors, including a stipulation on the geographic area in which the brand or trademark may be used; b) displaying on the franchise's aircraft the colors and logo of the franchisors ' s brand, including the display of such a brand, trademark, logo, or similar identification prominently on its aircraft and the trappings of its personnel; c) using and displaying the brand, trademark or logo on, or in conjunction with, the franchise's airport facilities and equipment; (d) maintaining customer service standards) designed for marketing purpose; e) maintaining customer service standards designed to protect the integrity of the franchise brand; f) providing for license fees on standard commercial terms; (g) providing for participation) in frequent flyer programs, including the accrual of benefits; and (h)) providing in the franchise or branding agreement for the right of the franchisors or to terminate the franchise through and withdraw the brand, provided that nationals of the United States or the Member States remain in control of the U.S. or Community airline, respectively. 2. Franchising and branding arrangements with independent of, but may be with coexis, a code-sharing through a that requires that both airlines have the appropriate authority from the parties, as provided for in paragraph 7 of article 10 of this agreement.
The Joint Declaration, representatives of the United States and of the European Community and its Member States confirmed that the Air transport agreement initialled in Brussels on 2 March 2007, and envisioned for signature on 30 April 2007 is to be authenticated "in other languages, provided either by Exchange of letters, before signature of the agreement, or by decision of the Joint Committee , after the signature of the agreement. This Joint Declaration is an integral part of the Air transport agreement.

For the United States: For the European Community and its Member States; ad referendum of [signed. John Byerly] [signed. Daniel Calleja] date: 18 April 2007 date: 18 April 2007 air TRANSPORT agreement, the United States of America (the "United States"), of the one part, and the Republic of Austria, the Kingdom of Belgium, Republic of Bulgaria, the Republic of Cyprus, the Czech Republic, the Kingdom of Denmark, the Republic of Estonia, the Republic of Finland, the French Republic, the Federal Republic of Germany, the Hellenic Republic, the Republic of Hungary, Ireland, the Italian Republic, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, Malta, the Kingdom of the Netherlands The Republic of Poland, the Portuguese Republic, Romania, the Slovak Republic, the Republic of Slovenia, the Kingdom of Spain, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland, which is the Treaty establishing the European Community and the Member States of the European Union (hereinafter referred to as "Member States"), and the European Community, on the other hand, seeking to promote an international aviation system based on fair competition in the airline market and in which the State intervenes and it governs to a minimum; Seeking opportunities to bring extensive international air transport facilities, including the development of the air transport network, subject to the needs of the passenger and the carrier, after the convenient air transport services; Striving to create opportunities to airlines to offer travelers and protractor for competitive prices and services in open markets; Striving to have all the air transport sector, including airline staff could use a liberalized agreement; Seeking international air transport to ensure the highest level of safety and security, and reaffirms the deeply concerned about acts or threats that are directed against the security of aircraft, endanger the safety of persons or property, adversely affect the operation of air transport and undermine public confidence in the safety of civil aviation; In compliance with international civil aviation Convention, which opened for signature at Chicago on 7 December 1944; Recognizing that Government subsidies may adversely affect airline competition and endanger the objectives of this agreement; Reaffirming the importance of the environment international aviation policy development and implementation; Given the importance of consumer protection, including the protection provided for in the Convention on the international regulations for air transport, which is the unification in Montreal signed 28 May 1999, seeking to use the existing agreements to open access to markets and give the greatest benefit to consumers, airlines, labour and the public of both sides of the Atlantic; Recognizing that it is important to do your airlines available to the world capital market, strengthen competition and to contribute to the attainment of the objectives of this agreement; Striving to create a world of meaning precedent liberalisation benefits gained from the development of this important sector of the economy, have agreed on the following. Article 1 definitions for the purposes of this agreement, unless otherwise provided for: 1. "agreement" means this agreement, its annexes and additions, as well as any amendments to it; 2. "air transportation" means the public for consideration or rent offered, passenger, baggage, cargo and mail, separately or in combination-made-carriage by aircraft; 3. "Convention" means the international civil aviation Convention, which opened for signature at Chicago on 7 December 1944, and includes: (a)) all amendments which have entered into force in accordance with article 94 (a) of the Convention) and which is ratified by both the United States and the Member State or Member States where the issue is relevant, and (b) all or all the annex) amendments adopted in accordance with article 90 of the Convention. as far as any annex or amendment in force at the relevant time in both the United States and the Member State or States, and-if it is major issue concerned; 4. the "full cost" means the cost of providing the services, plus a fee for the logical administrative overhead expenses; 5. "international air transportation" means air transportation across the territory of more than one national air space; 6. "party" means the United States or the European Community and its Member States; 7. "price" means the fare, rate or charge by airlines, including their agents, the passenger, baggage and/or cargo (not mail) by air, including, where appropriate, the transport by land in connection with international air transportation, as well as the rates of such a tariff, or the availability of the charge; 8. "the landing for technical reasons" is landing any reasons other than for the carriage of passengers boarding air transport in a vehicle or getting out of it, nor of the luggage, cargo and/or mail host or unloading; 9. "territory" in the U.S. case is the land areas (Mainland and Islands), internal waters and territorial waters under the sovereignty or within its jurisdiction, and the European Community and its Member States in the case of the land areas (Mainland and Islands), internal waters and territorial waters covered by the Treaty establishing the European Community, in accordance with the contract and any future instrument. The application of this agreement to Gibraltar airport is understood to be without prejudice to the question of the Kingdom of Spain and the United Kingdom the legal position of the parties to the dispute on how sovereignty is the airport area, and the Gibraltar airport without the inclusion of the European Community activities in the field of aviation, in force in 2006 18 September between the Member States in accordance with the conditions of 18 September 2006 Ministerial statement on Gibraltar airport, agreed in 2006 on September 18, Kordob; and 10 "user charge" means a charge imposed by airlines on airport, airport environmental, air navigation, or aviation security facilities or services including related services and facilities. Article 2 fair and equal opportunities for each Party shall ensure fair and equal opportunity for the airlines of both parties to compete in this agreement provides for international air shipments. 3. Article 1 of the award Each Party shall grant the other party the following rights for the airlines of the other party to perform international air transportation: a) the right to fly across its territory without landing; (b) the right to land on its territory) on technical grounds; (c)) to operate international air services between various points on the following routes: (i)) United States airlines (hereinafter referred to as "AMERICAN Airlines")-from points beyond the UNITED STATES borders across the United States and intermediate points to any point or in any Member State or States and beyond their borders; and services that carry only freight, between any member and any point or points (including in any other Member States); (ii)) of the European Community and its Member States airlines (hereinafter referred to as "Community air carriers")-from the point, which is behind the Member States, the Member States and for intermediate over to any point or points in the UNITED STATES and beyond; services carrying only cargo-between the United States and any point or points; and the combined services-from any point or points in the UNITED STATES to any point or points in the European common aviation area (hereinafter referred to as "ecaa") from the date of signature of this agreement, and (d) otherwise provided for in this Agreement). 2. each airline on any or all flights you can choose: a) take flight in one or both directions; b) combine different flight numbers within one aircraft operation; c) serve points before and after parties, as well as intermediate points points in the territories of the parties in any combination and order. d) skip the landing at any point or points; e) transfer traffic from any of its aircraft to another of its aircraft at any point; f) serve points behind any point in its territory with or without aircraft or flight number replacement and offer and advertise such services to the public as a transit service; (g) to perform any starpnosēšan) point in each party's territory or outside it; (h)) to make the transit across the territory of the other party; and i) combine in one transport aircraft, irrespective of the origin of shipments; without directional or geographic limitation and without any transport rights, which are otherwise permitted under this agreement. 3. paragraph 1 of this article shall apply, provided that: (a)) US airlines, excluding the services that carry only freight, transport is part of a service that serves the United States, and (b)) Community airlines, except i) services carrying only cargo, and ii) combined services between the US and any of the ecaa Member State from the date of signature of this agreement-is the part of the service, in which a member of the crew. 4. Each Party shall allow each airline to determine the proposed international air service frequency and capacity considerations, depending on the commercial market. Under the law, no one party unilaterally restrict the volume of traffic, frequency or periodicity of service, or other aircraft used by airlines for the type or types, nor does it require other Airlines flight schedule, the čārterlidojum program or the submission of an action plan – except customs, technical, operational and environmental reasons (pursuant to article 15), subject to the same conditions according to article 15 of the Convention. 5. any airline may perform international air transportation without any limitation by changing the type of aircraft used, or; unless a) U.S. airlines, except the services carrying only cargo, transport is the service of the United States, and (b) serve only) Community airlines, except i) services carrying only cargo, and ii) combined services between the United States and the ecaa Member State from the date of signature of this agreement, the shipment is a part of the service, in which the crew member. 6. Nothing in this Agreement shall be granted: (a)) US airlines the right to one of the European Community Member States territory to pick up passengers, baggage, cargo and mail carried for compensation and as a destination is another point in the territory of the Member State concerned; (b)) the right of Community air carriers in the United States to pick up the passengers, baggage, cargo or mail carried for compensation and as a destination is another point in the territory of the UNITED STATES. 7. Community air carriers access to u.s. Government purchased services governed by Annex 3. Article 4 authorisation to receive airline of one party applications for operating authority and technical permissions provided in the form and manner, the other party shall grant the appropriate authorisations and permissions with the shortest possible procedural delays if a) in the case of the UNITED STATES airlines-the airline's essential part of ownership and control in fact belongs to the United States, U.S. nationals, or both, and the airline is licensed as a u.s. airline, and its principal place of business is in the USA; (b) in the case of Community air carriers)-airlines concerned substantial ownership and effective control of the shares belong to the Member State or States, or this State for the nationals of these countries or both, and the airline is licensed as a community airline and its principal place of business is in the territory of the European Community; c) airline is qualified in accordance with the legislation and regulations requirements for international air traffic is typically applied to the party, assessing the application or applications; and (d)) are met and implemented article 8 (security) and article 9 (security) rules. Article 5 withdrawal of Authorisation 1. either party may revoke, suspend or limit the operating authorisations or technical permissions or otherwise suspend or limit the operations of an airline of the other party, if (a) in the case of an airline in the USA) the airline's essential part of ownership and control in fact does not belong to the United States, U.S. nationals, or both, or the airline is not licensed as a u.s. airline, or its principal place of business is not UNITED STATES territory; (b) in the case of Community air carriers)-airlines concerned substantial ownership and effective control does not belong to the Member State or States, or this State for the nationals of these countries, or two, or airline not licensed as Community air carrier or of its principal place of business is not in the territory of the European Community; or (c)), where the airline has not adhered to this agreement article 7 (application) provisions. 2. unless immediate action is essential to prevent further non-compliance with paragraph 1 (c)), the rights provided for in this article shall be exercised only upon the other hearings. 3. This article shall not prejudice the rights of either party to terminate, withdraw, limit or impose conditions on other airlines or airline operational powers or technical permissions or impose conditions under them (reliability) or 8 article 9 (security). Article 6 additional issues relating to ownership, investment and control regardless of the other provisions of this agreement, the parties in accordance with their relevant laws in their decisions to implement Annex 4 provisions relating to ownership and control. Article 7 the application of the law 1. Each party's legislation relating to international air navigation in aircraft involved in the admission or departure from its territory or by such aircraft and when it is in its territory, is applicable to the aircraft used in the second half of the airlines, and they have to respect the following airlines arriving or being in a first-party or in the territory of. 2. Arrivals in the territory of one of the parties being in it or of other airlines, passengers, crew or cargo due respect in the territory the applicable law and the rules on air passengers, crew or cargo of the entry or exit from the territory (including the rules on arrival, formalities, immigration, passports, customs and quarantine or, in the case of mail-mail rules). Article 8 safety 1. the competent authorities of the parties under this agreement for the operation of air transport is recognised as valid by one or the other issued on valid recognised and still existing airworthiness certificate, flight experience certificates and licenses, if such certificates or licenses at least meets the minimum standards which may be determined in accordance with the Convention. The competent authorities may, however, refuse to recognize any flight experience and licenses as valid for flight operations on the territory of their country, their country's nationals are granted or accepted as valid for the other institutions. 2. the competent authorities of the party may request consultations with other authorities responsible for the maintained by the authorities of safety standards associated with the provision of air navigation equipment, aircraft crews, aircraft and air carriers in the monitoring activities. Such consultations shall be held 45 days after the receipt of the request unless otherwise agreed. Where, after such consultation, the responsible authority requesting learns that those other institutions in these areas do not effectively maintain or do not implement the safety standards and requirements in order to comply with the minimum standards which may be determined in accordance with the Convention, then the responsible requesting authorities shall notify the other institutions on the findings and measures as are considered necessary to ensure compliance with these minimum standards, and the latter authorities shall take the appropriate corrective measures. The responsible authority requesting reserves the right to suspend, revoke or limit the airline or airlines operating authorisations or technical permissions of safety monitoring of other institutions that if the authorities do not take appropriate corrective measures, as well as the concerned to take immediate measures for the airline or airlines, where it is essential to prevent further such standards and requirements for the implementation and maintenance of the obligation to comply with that poses a direct threat to the safety of the flight. 3. the European Commission at the same time receives all the requests referred to in this article and statements. 4. Nothing in this article shall prevent the responsible parties can institutions involved in discussions about safety, including those related to safety standards and requirements in normal circumstances or emergency situations that sometimes occur. 9. Article 1 of the Security in accordance with the international law of rights and obligations for the parties reaffirms that their obligation to each other to protect the security of civil aviation against acts of unlawful interference is an integral part of this agreement. Without prejudice to the international law of the rights and obligations of general applicability, in particular, the Parties shall act in accordance with such agreements: the Convention on offenses and other aircraft made illegal activities, which Tokyo signed on 14 September 1963, the Convention for the unlawful seizure of aircraft, signed in the Hague on 16 December 1970, the Convention on the fight against illegal activities that jeopardise the security of civil aviation in Montreal signed on 23 September 1971, and the Protocol on the fight against illegal activities at airports serving international civil aviation, signed in Montreal on 24 February 1988. 2. the Parties shall, on request, provide each other with all necessary assistance to prevent any threat to civil aviation security, including preventing a civil aircraft and other unlawful seizure of illegal activity against the aircraft, their passengers and crew, flew to port and the safety of air navigation facilities. 3. the Parties shall, in their mutual relations comply with the aviation security standards and the international civil aviation organization, the practice contained in the annexes to the Convention; they require their registers for registered aircraft operators, aircraft operators, whose principal place of business or permanent residence in their territory, as well as the airport operators to operate in their territory in accordance with the following provisions of the aviation security. 4. each Party shall, within its territory and ensure effective measures to protect aircraft, to check the passengers, crew and their baggage and hand luggage, as well as to check the cargo and aircraft inventory prior to boarding and loading, as well as its time; and ensure that these activities are customized, up civil aviation security threats. Each party agrees that it is necessary to respect the other side required security provisions for the departure from the territory of the other party and stay in it. Each party positively consider any other claim to the special security measures to prevent specific risks. 5. In full compliance with and respect for the sovereignty of the other party, that party may adopt security measures for the arrival in its territory. If possible, this party shall consider security measures that already apply to the other party, and any other side offered opinions. Each party acknowledges, however, that nothing in this article shall prejudice the ability of the parties to refuse entry into its territory of any flight or flights, which it considers a danger to its security. 6. a party may take emergency measures, including amendments to prevent specific security threats. Such measures shall immediately inform the other competent authorities. 7. The parties underline the harmonized standards of practice and the importance of phasing as a means of air transport security and the reduction of regulatory differences. To this end, the Parties shall fully use existing resources and develop current and proposed security measures. The parties intend that among other discussions will look at the other side of the proposed new security measures or that it consider including a review of security measures, the change in circumstances; one party proposed measures to meet the other side for safety requirements; quickly customize the standards related to aviation security measures; and requirements of one party to the other party's legal obligations. Such consultations should facilitate the operational initiatives and new safety requirements for notification and prior consultation. 8. Without prejudice to the need to take immediate measures to protect the safety of transport, the parties confirm that, considering the safety measures, the party estimates the possible negative effects on international air transport and, if it is not prohibited by law, take into account the following factors when determining what measures are necessary and appropriate in order to avoid security problems. 9. If going with civilian aircraft, unlawful seizure incident or there is a threat, or other unlawful activities against any of the aircraft, passengers and crew, airports or air navigation facilities, the Parties shall assist each other by facilitating communications and other appropriate measures to quickly and safely remove such incident or threat. 10. If a party has reason to believe that the other party has departed from this article included in aviation safety rules, the party concerned may request the other party an immediate explanation. If, within 15 days of such request, sufficient consensus has been reached, that is the reason the airline or airlines suspend, revoke or limit the operating authorisations or technical permissions or provide the conditions for their use. If the emergency is necessary, a party may take interim action pirms15 day. 11. Separate from airport assessments undertaken to determine compliance with paragraph 3 of this article referred to in the aviation safety standards and practices, the party may request the cooperation of the other party in assessing whether these other specific security measures meet the requirements of the requesting party. The responsible authorities of the Parties shall coordinate the airport previously intended to evaluate, as well as of the assessment date, and develop an assessment of the results of the examination procedure. Taking into account the results of the evaluations, the requesting party may decide that the territory of the other party, apply to the equivalent standard security measures for transit passengers, baggage and/or transit transit cargo may be exempted from retesting of the requesting party. Such a decision shall be notified to the other party. 10. Article 1 of the Fall. Each party's air carriers have the right to establish offices in the territory of the other party, to promote and sell air services and related activities. 2. the airlines of each party under the other party's laws and regulations concerning the entry, residence and employment rights of the other party's territory and maintain personnel management, sales, technical, operational issues, as well as other professionals, which are necessary to ensure the provision of air services. 3. a) without prejudice to subparagraph (b) of this paragraph), in connection with each of the airline ground handling services in the territory of the other party has the right to: (i)) to their own ground services ("General") or, at your choice) choose from ii competing package or part of suppliers of groundhandling services, if they are allowed to access to the market on the basis of each party's laws and regulations, and if any suppliers in the market. (b)) (a) (i) and (ii)))) this right applies only to specific available space or capacity constraints resulting from the need to maintain safe operation of the airport. If such restrictions prevent pašapkalpot and suppliers providing airport services, actually there is no competition, all the services are available to all airlines and with the same logical rules; the price of services shall not exceed the total costs, which included undue profits on assets, after depreciation deductions. 4. any airline of each party in the territory of the other party directly and/or, at the choice of the airline through a sales agent or other airlines designated intermediaries may be involved in the sale of air services. Each airline shall have the right to sell such transportation, and any person may freely buy such services in the currency of the relevant territory or in freely convertible currency. 5. everyone has the right to convert the airline and to transfer income from the territory of the other party in its territory and, except when it does not correspond to the generally applicable regulations-on request, to any country or countries. Revenue to convert and transfer is allowed immediately, without restrictions and without imposing these taxes, at the rates of Exchange which current transactions and remittance on the date on which the air carrier shall submit a transfer application. 6. each party's airlines are allowed the local currency to cover local expenditure, also buy fuel in the territory of the other party. Each side of the airlines of their choice, for expenses in the territory of the other party can be paid in freely convertible currency, subject to local regulations in the field of currency. 7. Making or offering services in accordance with this agreement, any airline, any of the parties may enter into cooperative marketing agreements, such as agreements on specific places in each flight or for the code share with the following: (a) any party, airlines) or the airlines; (b)) any a third country airline or airlines; and (c)) surface (land or sea) transport service provider in any country; If i) all such contracts involved persons have adequate powers and (ii) comply with the law) the contract under conditions as the parties usually apply when conducting international air service or offering such services. 8. each Party shall have the right to close the airline franchise or labelling agreements with companies, including airlines, if airlines are duly authorised and they comply with the conditions provided for by the legislation of a party which normally apply to such agreements. The agreements apply to annex 5. 9. in order to ensure the international air service with the crew, the airline of each party may conclude agreements with: (a) each party) any airlines or airlines, and (b)) any third country airline or airlines; If all such agreements are concerned, proper authorization and these agreements comply with the legislation and the conditions laid down in the rules, a party usually applied to such agreements. Neither party may require a party to provide airline aircraft, would be set out in the agreement, traffic rights in those routes that the aircraft will be operated. 10. Notwithstanding the other provisions of this agreement, airlines and indirect parties in cargo transport service providers in connection with international air transportation is allowed without any restrictions in the use of any land cargo transport to all points in their territory or in third countries as well as between them, including, where appropriate, transport to all airports with customs authorities, as well as from them, and, where appropriate, to the right, in accordance with the laws and regulations on transport of cargo under customs control. Cargo transported by land or by air, is available to airport customs processing and facilities. Airlines can choose to carry itself along the ground or to ensure, through agreements with other carriers on the ground, also use land transport services provided by other airlines and indirect providers of cargo air transportation. The mixed cargo services can be offered on one common price that includes both the cost of air travel and the transport by land-provided that the shipper are not misled about the actual transportation. Article 11 customs duties and levies 1. one party in the other party's airlines of the international air transport aircraft involved, their normal equipment, fuel, lubricant, maintenance tools, ground equipment, spare parts (including engines), aircraft items (this includes food, drinks and alcoholic beverages, tobacco and other products during the flight for limited quantities to sell passengers or intended for passenger use-but not only) and other articles intended for use or used only in connection with international air transport aircraft involved in the operation or maintenance, in accordance with the principle of reciprocity shall be exempt from all import restrictions, property and capital taxes, customs duties, excise taxes and similar fees and charges imposed by a) national or local authorities, or the European Community, and (b)) which does not determine the cost of services, provided that the equipment and supplies remain on board an aircraft. 2. From this article referred to in paragraph 1, payment and taxes, except payments of remuneration determined by the cost of the service provided by the principle of reciprocity is also exempt: (a)), aircraft imported or supplied in the territory of either party, and the logical quantity loaded to use international air services of the parties to an aircraft intended to fly out, although these items for use in that part of the journey that will happen over the territory of the party in which they are placed on board an aircraft; b) groundhandling equipment and spare parts (including engines) introduced into the territory of a party, to service, maintenance or repair of the international air services of the other party used in the airline's aircraft; c) grease and maintenance consumables, imported or supplied in the territory of either party to the other party used in international air transport airlines in aircraft, although these items for use in that part of the trip, which will take place over the territory of the party in which they are placed on board an aircraft; and (d)) as set out in each party's customs law, printed matter imported or supplied in the territory of one party and punch the other airlines involved in international air transport aircraft intended to fly out, although these items for use in that part of the trip, which will take place over the territory of the party in which they are placed on board an aircraft. 3. you can ask to have this article 1 and 2 of such equipment and items stored in the supervision and control. 4. the exceptions provided for in this article shall also apply in cases where one party's airlines have entered into an agreement with another airline, which the other party has granted the same exemptions to the territory of the other party rental or pass 1 and 2 of this article. the products referred to in point. 5. Nothing in this Agreement shall prevent either party from imposing taxes, levies, or reward goods not sold for consumption by the passengers on the aircraft, providing air service between two points in its territory, which are allowed to alight or Board. 6. If, in respect of fuel supplied by U.S. Airlines aircraft on the territory of those Member States between those Member States, two or more Member States intend to repeal Council Directive 2003/96/EC of 27 October 2003 article 14, paragraph 1 (b)), the exemption provided for in the Joint Committee shall consider the matter in accordance with article 18, paragraph 4 (e)). 7. Half of its airline or airline name can request the assistance of the other party, to paragraph 1 and in paragraph 2, the goods provide exemption from taxes, duties and charges imposed by State or local authorities, as well as exemption from payment of the turnover of the fuel under the conditions described in this article, except where the payment is justified by the cost of the services provided. In response to this request, the other party National Administration Department or the Authority's attention to the request of the applicant party views and encourage those views taken into account accordingly. 12. Article 1 of the user charges for the use of each of the parties by the competent taxation authorities or payment structures may impose other airlines, is fair and reasonable, not unjustly-and be objective broken down by categories of users. In any event, any such user charges to the airlines of the other party is calculated, subject to conditions which are not less favourable than the most favourable terms available to any other airline fee is calculated. 2. User charges imposed on the airlines of the other party may reflect, but shall not exceed the full costs incurred by the competent authorities or bodies on the airport, airport environmental, air navigation, and aviation security facilities and services at the airport or within the airport system. The charge may include a reasonable return on assets, after depreciation. Equipment and services, as determined by the charge, provides effective and based on economic considerations. 3. Each Party shall promote in its territory the competent taxation authorities or payment structure and users of services and facilities of carriers, as well as for mutual consultations contribute to the imposition of the duty of the competent authorities or bodies and the airlines to exchange mutual information that might be needed to make a charge the exact validity of reports in accordance with paragraph 1 and paragraph 2 sets out principles. Each Party shall encourage the competent taxation authorities or payment structure logically announce any suggestions to change the user charges, to allow users to express their views before changes made. 4. the dispute settlement procedures under article 19 could not be considered that one of the parties violated this article, unless (a) it logically acceptable) have not reviewed the user fees or practices which are the subject of the complaint of the other party; or (b)) at the reviews it does not take all the possible measures to compensate for any usage or practice that is not in accordance with this article. Article 13 price 1. Prices for air transportation services provided under this Agreement shall be determined freely, and it has not yet been approved, not to be registered. 2. irrespective of paragraph 1: (a) the introduction of a price) or the application in the future, proposed by the fix or determine the U.S. airline for international air transportation between points in one of the Member States and a point in another Member State comply with Council Regulation (EEC) no 2409/92 of 23 July 1992 article 1, paragraph 3, or successor regulation, which are not more restrictive; (b)) in accordance with this paragraph the parties ' parties responsible for the airline's authorities after request now provides access to information on historical, existing, and proposed prices as acceptable to those authorities, as well as a reasonable form. Article 14 the Government subsidies and support to 1. the parties recognise that Government subsidies and support can have a negative impact on fair and equal competitive opportunities for airlines providing international air services covered by this agreement. 2. If one party considers that the Government subsidies or aid that provides the other party or the other hand airlines could negatively impact or a negative impact on first-party airline fair and equal opportunities to compete, it can submit its observations to the other party. In addition, it may be asked to convene a meeting of the Joint Committee, as provided for in article 18, to discuss the issue and develop appropriate response, if recognized as legitimate concerns. 3. Each Party may apply to the competent governmental authorities in the territory of the other party, including at the State, provincial or local authorities if it considers that the intended or provided support for the subsidy or have negative effects on competition as referred to in paragraph 2. If a Party decides to take such direct contacts, it shall immediately inform the other party through diplomatic means. It may also request a meeting of the Joint Committee is convened. 4. the issues raised in this article could include, for example, capital investments, cross-subsidization, grants, guarantees, ownership, tax relief or exemptions conferred by any government body. Article 15 Environment 1. the parties recognise the importance of environmental protection, international aviation policy development and implementation. The parties recognise that environmental costs and benefits of the measures must be carefully considered when developing between the folksy aviation policy. 2. The party considering proposed environmental measures should be assessed the possible negative impact on the rights contained in this agreement, and, if such measures are to be adopted, it should take the necessary steps to mitigate the negative effects. 3. environmental protection measures comply with the aviation environmental standards adopted by the international civil aviation organization as a Convention, if one is not found. The Parties shall apply to any environmental protection measures that affect the operation of air transport services, subject to this agreement, in accordance with article 2 of this agreement and paragraph 4 of article 3. 4. If one of the parties believes that the aviation environmental issue of concern for the application or implementation of this agreement, as provided for in article 18, may be asked to convene a meeting of the Joint Committee to discuss the issue and develop appropriate response, if recognized as legitimate concerns. Article 16 consumer protection the parties confirm the importance of consumer protection, and either party may request the convening of the meeting of the Joint Committee to discuss the issues of consumer protection that the requesting party considers significant. Article 17 Computerized reservations systems 1. Computerized reservation system (CRS) vendors operating in the territory of one party shall have the right to import and maintain your DR. and provide them with free access to travel agencies or travel companies whose principal business is the distribution of production related to travel in the territory of the other party if the CRS complies with all relevant parties the other regulatory requirements. 2. No party may not provide in its territory or allow to provide the second half of the CRS suppliers more stringent requirements for the CRS display display (including editing and image parameters), operations, practices, sale or ownership than requirements, it provides its own CRS vendors. 3. One hand CRS owners/operators that correspond to the respective other party regulatory requirements, if applicable, have the same opportunities to be a DR. for owners in the territory of the other party, as these other owners/operators. 18. Article 1 of the Joint Committee of the Joint Committee, consisting of representatives of the parties, shall meet at least once a year to make this agreement with advice and review its implementation. 2. a party may also request a meeting of the Joint Committee be convened to resolve any issue concerning the interpretation or application of this agreement. However, pursuant to article 20 or to annex 2, the Joint Committee may consider only matters relating to the refusal of any participant to fulfil obligations and the decision of the competition effects on the application of this agreement. Meeting begins as soon as possible, but no later than 60 days after the date of receipt of the request, unless otherwise agreed. 3. the Joint Committee not later than at its first annual meeting and then depending on your needs, review the overall implementation of the agreement, including any restriction of the aviation infrastructure, the impact on the rights provided for in article 3, in accordance with article 9 of the impact of the security measures, the impact of competition, including computerised booking system, and the implementation of this agreement of any social impact. 4. the Joint Committee also expanded cooperation, a) promoting exchanges of experts on issues relating to the new legislative or regulatory initiatives and activities, including safety, security, environmental, aviation infrastructure (including slots) and consumer protection; (b)) when considering the social impact of the agreement in the course of its implementation and developing appropriate responses to concerns found to already justified; (c) to consider possible areas) of the agreement, including further development of recommendations for amendments to the agreement; (d) maintaining a record of) questions about government subsidies or aid, which the Joint Committee proposed by any of the parties; (e)) by consensus in taking decisions on any matters relating to article 11, paragraph 6 of the application. f) year after developing the application of the interim approach to regulatory findings on the suitability and citizenship, to achieve the mutual recognition of findings; g) developing common understanding of the criteria used by the parties, adopt the relevant decisions of the airlines control matters, as long as it is in accordance with the requirements of secrecy; h) where appropriate, facilitating consultations on air transport questions dealt with in international organisations and with third countries, including considerations as to whether to adopt a common approach; I) taking decisions unanimously, subject to annex 4, article 1, paragraph 3 and annex 4, article 2, paragraph 3. 5. The parties have a common goal-to maximize benefits for consumers, airlines, labour and the public of both sides of the Atlantic, this Agreement shall apply also to third countries. In this respect, the Joint Committee shall draw up a proposal on the conditions and procedures, including any amendments to be made to this agreement to third countries could join. 6. The Joint Committee shall act by consensus. 19. Article 1 of the Arbitration any dispute relating to the application or interpretation of this agreement, except the issues arising under article 20 or to annex 2, and which are not resolved at the meeting of the Joint Committee can send a matter, the person or entity, parties of the agreement. If the parties agree, the dispute at the request of any party, be submitted to arbitration in accordance with the procedures set out below. 2. If the parties do not agree otherwise, the Arbitration Court, which shall be composed of three arbitrators, and set it up as follows: a) 20 days after the settlement of the dispute of the receipt of the request, each party appoints one arbitrator. 45 days after these two arbitrators appointed they shall be appointed by agreement the third arbitrator who acts as the Chairman of the Arbitration Board; b) where one of the parties does not appoint an arbitrator within or if the third arbitrator is not appointed in accordance with subparagraph (a)), either party may ask the international civil aviation organization Council President to appoint the necessary arbitrator or arbitrators within 30 days from the date of receipt of the request. If the international civil aviation organization Council President is either the United States or a Member State national, the highest of this appointment is made Deputy Chairman of the Council who are not disqualified for that reason. 3. unless otherwise agreed, the arbitral tribunal shall determine the limits of its jurisdiction in accordance with this agreement and shall establish their rules of procedure. After the Court of arbitration at the request of the party when it was created, may request the other party to implement temporary corrective measures until a final arbitration award. Following the instructions of the Tribunal or at the request of either party no later than 15 days after the Tribunal is fully constituted, shall convene a Conference for the Tribunal to determine the exact izšķiramo questions and specific procedures to be followed. 4. unless otherwise agreed, or unless the Tribunal determines otherwise: (a) submit the application) within 30 days from the time the Tribunal is fully constituted, and defense applications submitted after 40 days. Everyone the applicant shall provide a reply within 15 days from the day of submission of the application by the defence. Any answer of the defendant be submitted 15 days after; (b) the Arbitration Board shall convene the meeting) at the request of any party, or it can convene a meeting on its own initiative within 15 days after the last reply registration. 5. The Tribunal shall endeavour to provide a written decision within 30 days after the end of the hearing or, if the meeting is not convened within 30 days after the last reply is submitted. The majority of the Arbitration Board's decision prevails. 6. the parties may submit requests to explain the decision within 10 days after the decision, and any explanation provided 15 days from the receipt of the request. 7. If the Tribunal determines that the agreement has been violated and the responsible party has not corrected the irregularity as well as the failure to reach agreement with the other party on a mutually satisfactory solution within 40 days after notification of the decision of the arbitration, the other party may suspend the application of the equivalent benefits under this agreement, as long as the parties have not reached a consensus on resolving the dispute. Nothing in this paragraph shall prejudice the right of each party to take proportionate measures in accordance with international law. 8. Arbitration costs, including the costs and expenses of the arbitrators shall be borne in equal parts by both parties. Any expenses incurred by the international civil aviation organization Council President or any Vice President of this Council in relation to paragraph 2 of this article, (b) the procedures set out in point), is considered part of the arbitral tribunal. Article 20 competition 1. Parties recognize that airline competition in the transatlantic market is of great importance in promoting the attainment of the objectives of this agreement, and confirm that they shall apply their respective competition regimes to protect and support the overall competition, rather than specific competitors. 2. The parties acknowledge that the application of their respective competition regimes to international aviation affecting the transatlantic market, differences can arise, and the airline competition in this market is likely to consolidate, reducing such disparities. 3. the parties recognise that their respective competition authorities cooperation helps to promote competition in markets, and it is an opportunity to promote compatible regulatory results and reduce differences in the approaches used in connection with the mutual agreement of the carrier review from the point of view of competition. Thus, the Parties shall continue to develop this cooperation to the extent possible, taking into account the different responsibilities of institutions, competences and procedures in accordance with Annex 2. 4. The Joint Committee shall annually inform the cooperation provided for in annex 2. Article 21 the second negotiation phase 1. Parties have a common goal to make markets more accessible and to maximize benefits for consumers, airlines, labour and the public of both sides of the Atlantic, including by facilitating investment, to better reflect the global aviation industry, strengthening the transatlantic air transport system, as well as creating a system that will encourage other Nations to open their air service market. The parties begin negotiations no later than 60 days after the date of the provisional application to quickly develop the next stage. 2. in the second stage of the negotiations on the agenda include the following priority items of interest to one or both of the parties: (a) the traffic law) greater liberalisation; (b)) additional foreign investment opportunities; c) environmental measures and infrastructure constraints impact on the exercise of traffic rights; (d) the Government Finance) increased air access; and (e)) the provision of aircraft with crew. 3. the Parties shall, no later than 18 months after the date of the negotiations must begin, in accordance with paragraph 1, review progress made in the preparation for the second phase of the negotiations. If the parties do not reach an agreement in the second stage, within twelve months after the start of the review, each party reserves the right to suspend this agreement, then the rights specified. Such suspension shall take effect on the earlier international air transport Association (IATA) traffic season that begins at the latest twelve months after the date of notification of the suspension. Article 22 relationship to other agreements 1. Article 25 of this agreement as provided for in the preliminary period of annex 1 referred to in section 1 of the bilateral agreements, except in section 2 of annex 1 under. 2. The coming into force of this agreement in accordance with article 26 of this Agreement shall replace annex 1 referred to in section 1 of the bilateral agreements, except in section 2 of annex 1 under. 3. If the parties become a multilateral agreement of the parties or approved any of the international civil aviation organisation or other international organisations make a decision that affects matters covered by this agreement, they shall consult within the Joint Committee to determine whether this agreement should be amended to take account of such innovations. Article 23 termination Either party may, at any time, by diplomatic means may be notified to the other party of the decision to terminate the operation of this agreement. The announcement sent simultaneously with the international civil aviation organization. The agreement ends at midnight Greenwich mean time by the international air transport Association (IATA) traffic season at the end of one year after the date of the written notice of termination, unless the notice is not withdrawn, the parties in agreement until the end of this period. Article 24 registration with ICAO this agreement and all amendments thereto shall be registered on the international civil aviation organisation. Article 25 provisional application Before entry into force, in accordance with article 26:1) the parties agree to apply this agreement from 30 March 2008. 2) any party may, at any time, by diplomatic means may be notified to the other party of the decision do not apply to this agreement. In such a case, the application of the agreement ends at midnight Greenwich mean time by the international air transport Association (IATA) traffic season at the end of one year after the date of the written notice unless notice is not withdrawn, the parties in agreement until the end of this period. Article 26 entry into force this Agreement shall enter into force one month after the date on which the last diplomatic note has completed the exchange of notes between the parties confirming that you have completed all the procedures necessary for its entry into force. In Exchange for the United States, shall be submitted to the European Community and its Member States addressed the diplomatic note, and the European Community submitted to the United States, the European Community and its Member States a diplomatic note or notes. The European Community and its Member States diplomatic note or notes are included in all Member States, confirming the completion of their procedures necessary for the entry into force of this agreement. In witness whereof, the Plenipotentiaries have signed this agreement. Prepared in Brussels, 2007 twenty-fifth in April and in Washington, of the 2007 on the 30th of April in duplicate.
Annex 1 section 1 as provided for in article 22 of this agreement, this agreement is suspended or replaced, following the United States ' bilateral and national agreements: a) the Republic of Austria: air services agreements, signed in Vienna on 16 March 1989; amended June 14, 1995. (b)) the Kingdom of Belgium: air transport agreement, which entered into force with the exchange of notes at Washington October 23, 1980; Amended 22.1986 September and 12 November; amended November 5, 1993 and 1994 on January 12. (Amended 5 of 1995 adopted September (provisional)) (c)) the Republic of Bulgaria: Civil aviation security agreement, signed at Sofia on 24 April 1991. d) Czech Republic: air transport agreement, signed at Prague on 10 September 1996; amended June 4, 2001 and 14 February 2002. e) the Kingdom of Denmark: agreement concerning air services, which entered into force with the exchange of notes at Washington December 16, 1944; amended august 6, 1954; Amended 16 June 1995. f) Finland Republic: air transport agreement, signed at Helsinki on 29 March 1949; the related protocol signed on 12 May 1980; Agreement amending the agreement of 1949 and the Protocol of 1980 and concluded 9 June 1995. (g)) the French Republic: air transport agreement, signed in Washington on 18 June 1998; amended 10 October 2000; Amended 22 January 2002. (h)), the Federal Republic of Germany: air transport agreement and exchange of notes, signed at Washington on July 7, 1955; amended 1989, April 25. (related protocol concluded November 1 1978; related agreement concluded on 24 May 1994; Protocol amending the 1955 agreement concluded on 23 May 1996; agreement amending the 1996 Protocol and concluded on 10 October 2000 (all provisionally applied)) (i)) the Hellenic Republic: air transport agreement, signed in Athens on July 31, 1991; extended to 31 July 2007 with the exchange of notes of 2006, 22 and 28 June. j) the Republic of Hungary: air transport agreement and a memorandum of understanding, which signed in Budapest July 12, 1989; extended until July 12, 2007 with the exchange of notes of 11 2006 and 20 July. k) Ireland: agreement concerning air services, which entered into force with the exchange of notes at Washington, 3 February 1945; Amended 25 January 1988 and 1989 on September 29; Amended 25 July 1990 and September 6. (consultation memorandum signed in Washington in 1993, October 28 (provisional)) l) the Italian Republic: air transport agreement, with memorandum and exchange of notes, signed at Rome, 22 June 1970; Amended 25 October 1988; the related memorandum of understanding, signed on 27 September 1990; the 1970 agreement and 1990 MOU amendments, made in 1991 on November 22 and 23 December; the 1970 agreement and 1990 MOU amendments made by 30 May 1997 and 21 October; Agreement supplementing the 1970 agreement concluded in 1998 on 30 December 1999 and 2 February. (Protocol amending the 1970 agreement concluded December 6, 1999 (provisional)) m), the Grand Duchy of Luxembourg: air transport agreement, signed in Luxembourg on 19 august 1986; Amended 6 June 1995; Amended 13 of 1998 and 21 July. n) Malta: air transport agreement, signed in Washington on 12 October 2000. o) the Kingdom of the Netherlands: air transport agreement, signed in 1957 in Washington April 3; Protocol amending the 1957 Agreement and concluded March 31, 1978; the 1978 Protocol changes made in the 11 June 1986; the 1957 amendment to the agreement made in 1987 on October 13 and 22 December; the 1957 amendment to the agreement made in 1992 of 29 January and 13 March; the 1957 Agreement and the 1978 Protocol changes made in 1992, 14 October. p) the Republic of Poland: air transport agreement, signed in Warsaw on June 16, 2001. q) the Portuguese Republic: air transport agreement, signed at Lisbon, May 30, 2000. r) Romania: air transport agreement, signed in Washington on July 15, 1998. s) Slovak Republic: air transport agreement, signed at Bratislava January 22, 2001. t) the Kingdom of Spain: air transport agreement, signed in Madrid on 20 February 1973; the associated 20 February 1987, 31 March and 7 April agreement; 1973 amendment to the agreement made on 31 May 1989; 1973 amendment to the agreement made in 1991 on 27 November. u) the Kingdom of Sweden: agreement concerning air services, which entered into force with the exchange of notes at Washington December 16, 1944; amended august 6, 1954; Amended 16 June 1995. v) United Kingdom of Great Britain and Northern Ireland: agreement concerning air transport services and the exchange of letters, signed the 1977 Bermuda on 23 July; the agreement on the North Atlantic air traffic charges, concluded on 17 March 1978; Agreement amending the 1977 agreement, concluded on 25 April 1978; Agreement amending and extending the 1978 agreement relating to North Atlantic air traffic charges and concluded the 1978 November 2 and 9; Agreement amending the 1977 agreement, concluded on 4 December 1980; Agreement amending the 1977 agreement, concluded on 20 February 1985; Agreement amending the 1977 agreement, article 7, annex 2 and annex 5 and concluded on 25 May 1989; 11 March 1994, the agreement on the 1977 amendments to the agreement, the United States and the United Kingdom on dispute settlement in relation to the Heathrow airport user charges and of the United Kingdom 13 October 1993 the Embassy note No. 87 contained a request to resolve the dispute, as well as on the issue of settlement, which initiates the proceedings; Agreement amending the 1977 agreement, concluded on 27 March 1997. (11 September 1986 the consultation arrangements contained in the memorandum, under provisional; 27 July 1990 exchange of letters contained in the agreement; on 11 March 1991, the consultation arrangements contained in the memorandum; 6. in October 1994, the exchange of letters contained in the agreement; 5 June 1995, the consultation contained in the memorandum of agreement; 31 March 2000 and the exchange of letters of 3 April the agreement (all provisionally applied) section 2 without prejudice to section 1 of this annex, the areas which are not covered by article 1 of this agreement, the definition of "territory" shall continue to apply to the agreements referred to in this section e) (Denmark and the United States), g) (France and USA) and v) (United Kingdom and USA), under the conditions laid down therein. section 3 without prejudice to article 3 of this agreement, U.S. airlines are not entitled to provide the services that carry only freight, which are not part of the service, which serves the United States, to or from points in the Member States, except to or from points in the Czech Republic, the French Republic, the Federal Republic of Germany, the Grand Duchy of Luxembourg, Malta, the Republic of Poland, the Portuguese Republic and the Slovak Republic. section 4 without prejudice to any other provisions of this agreement, this section shall apply to the combined and scheduled air transport services and čārterlidojum in between Ireland and the United States, and it is valid from 2006/2007 IATA winter season start to 2007/2008 IATA winter season. (a) Each of us and i)) the Community air carrier can take 3 direct flights between the United States and Dublin for each direct flights performed by that airline between the United States and Shannon. This authorisation for direct flights from Dublin to Dublin and is based on the average number of operations throughout the three seasons of the transitional period. A flight is considered on a direct flight from Dublin to Dublin or or direct flight to Shannon or Shannon depending on the first point of arrival or point of departure in the past in Ireland. (ii) the requirement to serve Shannon), contained this section a), in point (i)) repealed, if any airline introduces a planned or combined čārterlidojum services between Dublin and the UNITED STATES in any direction without making at least one direct flight to Shannon for every three direct flights to Dublin on average throughout the transitional period. (b) services between the United States and Ireland) Community airlines can serve only Boston, New York, Chicago, Los Angeles and 3 extra points in the UNITED STATES, which are obliged to notify US, by making a choice or change. These services may be provided via intermediate points in other Member States or third countries. (c)) code share of Ireland and the UNITED STATES is allowed only through the other points in the European Community. Other code sharing mechanisms will be examined according to the law of mutual recognition and the principle of reciprocity.
2. the annex on cooperation in competition matters in the air transport sector and article 1 of the cooperation, as defined in this annex, the United States implemented the Transport Department and the Commission of the European Communities (hereinafter referred to as "the participants") according to their respective functions in addressing competition in the air transport sector, which involved the UNITED STATES and the European Community. 2. the purpose of this article aims: 1. to strengthen the mutual understanding of the participants ' laws, procedures and practices applied within their competition regimes to encourage competition in the air transport sector; 2. to promote understanding between the members of the air transport industry's impact on competition in the international aviation market; 3. to reduce the possibility of conflict, participants in applying their competition regimes with respect to agreements and other cooperative activities affecting trans-Atlantic market, and to promote harmonized regulations 4 approach with respect to agreements and other cooperative arrangements, creating a better awareness about the methodologies, analytical techniques, including the relevant market (s) (s) identification and impact analysis of competition, as well as the remedies that the participant in question is used in the competition in independent reports. Article 3 definitions for the purposes of this annex, the term "competition regime" means the laws, procedures and practices governing how members shall exercise their functions in the international market of the agreements concluded between the airlines and other cooperation activities. In the case of the European Community that includes, but is not limited to, the Treaty establishing the European Community, and article 81 of the 82.85. Article and their implementing regulations pursuant to the said Treaty, as well as any amendments thereto. For the U.S. Department of transportation that includes, but is not limited to, the U.S. code, section 49 41308., and section 41720 41309., as well as their implementing rules and precedents of the Court pursuant to the code of conduct. Article 4 areas of cooperation according to article 5, paragraph 1 (a)) the bottom point and paragraph 1 (b)) the provisions of the cooperation between the participants include the following: 1) the representatives of the participants ' meetings involving experts and competition matters based on happens every six months to discuss developments in the air transport sector, the common interest in competition policy issues and the analytical approach to the application of competition law to the international aviation, because especially the transatlantic market. The above discussion can create a better understanding of the participants ' respective approaches to competition issues, including on common features, and greater coherence in the approach, in particular in relation to the agreements between the carriers. 2) consultations between the participants at any time by mutual agreement or by any of the Member's request, to discuss any questions relating to this annex, including specific cases. 3) each participant shall have the discretion to invite representatives of other government bodies to participate in meetings or consultations held under the above paragraph 1 or 2. 4) the timely communication of the following processes or issues which, in the opinion of the notifying Member can cause serious obstacles to the other participants in the interests of competition: (a)) for the US Department of Transport i) process for examining applications to confirm agreement and other cooperative activities between the air carriers involved in international air services, in particular in connection with antitrust issues involving air carriers operating under us and European Community law the joint venture agreement, and (ii)) receiving U.S. Department of Transport, in accordance with U.S. code title 49, section 41720., and (b)) in relation to the Commission of the European Communities: (i)) agreements and other cooperative arrangements between air carriers involved in international air transport, handling processes, in particular the agreement of the Alliance and another cooperation agreement on proceedings involving air carriers operating under us and European Community law, and (ii)) in connection with proceedings for individual or block exemption from the EU competition law. 5) notifications for the Members of the registered information and availability of data in electronic or other format and any conditions in respect of the availability, after which, in the opinion of the participants may have a significant effect on the other competition Participants ' interests, and 6) notifications for the different activities related to air transport competition policy, after notifying the Member's discretion. Article 5 use of information and disclosure of 1) regardless of the other provisions of this annex to any of the members are required to provide information to the other participant, if disclosure of the information requested: (a) the participant) with the laws, regulations or practices are prohibited through the Member who has the information, or (b)) would be incompatible with important interests of its members, which has this information. 2) each Member shall retain in accordance with this annex, any other Member's information privacy and resisting any requirement to disclose this information to a third party that the information provided by the Member is not allowed to receive this information. Each Member shall endeavour to notify the other participant for all cases in which the public may be required to disclose any information in the process by which a proposed exchange during negotiations or in any other way. 3) If under this annex a participant provides information in a confidential manner the other participant in the article 2 intended purpose this information received the Member may only be used for this purpose. Article 6 implementation 1) each Member shall appoint a representative who is responsible for the activities set out in this annex. 2) this annex and all the activities carried out by the Member in accordance with it, is (a)) shall be implemented only to the extent that is consistent with all the laws and practices applicable to the participant, and (b)) shall be implemented without prejudice to the agreement between the European communities and the Government of the United States of America regarding the application of their competition laws.
3. the annex on the U.S. Government's purchase of the transport Community air carriers have the right to carry passengers and freight, using regular and Charter flights, for which the U.S. Government's civil Department, agency or intermediate body: 1) acquires services to your needs or act in accordance with the rules of that payment shall be made to the Government or the payment of the amount provided for Government use, or 2) provides services to a State or an international , or other type of organization, or provides services that State or organization and does not receive compensation for it, and these services are a) between any point in the U.S. and any point in a Member State, except-only in respect of the carriage of passengers-between points within a tariff set in the existing agreement on transport between the two cities, or b) between two points outside the United States. This paragraph does not apply to the services obtained or financed by the Secretary of Defense or Secretary of the military Department.
4. the annex on additional issues relating to ownership, investment and control article 1 half-owned airline ownership 1. a Member State or nationals of Member States may be ownership of U.S. airlines, subject to the two capital constraints. First, all foreign nationals must not be more than 25 percent of Microsoft shares, which give the right to vote. Second, foreign nationals are prohibited from actually also control the U.S. airline. Subject to the overall limit of 25 percent foreign ownership in respect to capital, providing: (a) the voting rights) of the Member State or Member States national ownership of: 1) 25 percent of the capital of an air carrier in the US, which provides voting rights, and/or 2) 49.9 percent U.S. airline total capital does not consider the following airlines; and (b)) of the Member State or Member States nationals ownership to 50 percent or more u.s. airlines total capital are not considered control of the airline. Such ownership considered on a case-by-case basis. 2. US nationals may be ownership of Community air carriers, subject to two limitations. First, most of the airlines must belong to the Member States or nationals of the Member States. Second, those countries and/or those nationals have effectively controlled by the airline. 3. Article 4 of this agreement, (b)) and article 5, paragraph 1 (b)) of the Member States of the EC are the date of signature of this agreement and the following shall be considered as a Member State of the European Community and its Member States nationals. The Joint Committee may decide that this provision shall apply to the new Member States and the ecaa to citizens. 4. Notwithstanding paragraph 2, the European Community and its Member States after signing this agreement, the UNITED STATES reserves the right to limit national contributions to the community in the capital of the airline that gives voice rights, at a level equal to the level determined in the USA with regard to foreign nationals in the United States, the airline ownership if this legislation complies with international law. 2. Article title to third-country air carriers and their control 1. Neither party shall exercise it in accordance with the agreement on air transport services with third country to reject, cancel, suspend or limit the authorisations or permissions given to any third country airline shall, on the basis that the other party, its nationals or both belong to the airline's significant ownership share. 2. the United States does not use powers conferred in accordance with the agreement on air transport services to reject, cancel, suspend or limit the authorisations or permissions given to any of the Principality of Liechtenstein, the Swiss Confederation, a Member State of the EC airline for the date of signature of this agreement, or to all African countries that implement the "open skies" air services agreement with the United States from the date of signature of this agreement, based on the fact that the Member State or Member States, such State or nationals or both are effectively controlled by the airline. 3. the Joint Committee may decide that none of the parties is not used in paragraph 2 of this article in respect of that particular State or national airlines. 3. Article 1 of the airlines control the rules applicable in the European Community as the Community air carrier ownership and control are currently laid down in Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers in article 4. In accordance with this regulation, the Member States are responsible for issuing the operating licence to the Community air carriers. Member States shall apply Regulation No 2407/92, in accordance with their national rules and procedures. 2. The United States suitable provisions are currently set out in the United States Code, section 49 (a) of section 40102) part 2, 41102, 41103. section and which provides that licences that the U.S. air carrier issuing Transportation Department, regardless of whether it has permission, exemption or regional air transport licence to as common air carrier make "air service", may be issued only for United States citizens as defined in the U.S. code title 49, section 40102 a part under point 15). In this chapter, provides that the Corporation's President and two-thirds of the Board of Directors and other responsible officers must be u.s. citizens, u.s. citizens must own at least 75 percent of the shares voting, and that us citizens actually controls the Corporation. The applicant must initially meet these requirements, and licensed U.S. airline must continue to perform. 3. In the appendix to this annex sets out the practice that the parties must comply with the application of their laws and regulations.
4. Appendix 1 To the United States for permission, exemption or regional air transport licence is required for the determination of the nationality of all u.s. air carrier applicants. Initial license application to fill out an official public document register and their "official" appearance, having regard to the applicant and the other parties involved in the inserted document. The Transport Department will give the final decision, by order, based on the official register available to the public, including documents considered secret. The Department may not officially be considered "future fitness" thing, or it can be dealt with via the document registry procedures that are similar to the procedures used for the original application. 2. the findings of the Department developed, using various precedents, which reflects, inter alia, the financial markets and investment structures, as well as the readiness of the Department of Transport to consider new approaches to foreign investment, which comply with the U.S. law. The Transport Department will work with applicants to consider proposed investments and help applicants build transactions fully comply with U.S. citizenship law, and the applicant regularly consults with the Department of Transport before the completion of the application. Before the start of the official investigation, the Transport Department, at any stage, you can discuss issues related to citizenship or other aspects of the proposed transaction, as well as, where appropriate, to make suggestions to offer alternatives that would allow the proposed deal meets u.s. citizenship requirements. 3. when both the original and subsequent citizenship and eligibility determinations, the Department of Transport review the set of circumstances that affect the U.S. airline, and allow the Department to examine the precedents of the aviation relationship between the United States and any foreign investor's home country (s). In connection with this agreement, the Transport Department will consider the EU national investment at least as favourably as bilateral or multilateral "open sky" partner national investment. 4. Regulation No 2407/92 article 4, paragraph 5, States that the European Union, the European Commission, at the request of a Member State to check compliance with the requirements of article 4 and, where appropriate, take a decision. In taking such decisions, the Commission should ensure compliance with the procedural rights by the European Court of Justice recognized as to general principles of Community law, including the rights of the parties to be heard in a timely manner. 5. Application of laws and regulations, each Party shall ensure that any transaction when the nationals of the other party makes a contribution in any of its airlines, are dealt with quickly and fairly.
5. the annex on franchising and labelling 1. airlines of both parties shall not prevent measures on labelling, including the franchise or establish rules relating to the protection of brand and operational questions, if they meet the specific laws relating to the control; the airline is not at risk could exist outside of the franchise; as a result of the action of the foreign air carrier shall not engage in cabotage activities; ensure compliance with applicable rules, for example, consumer protection rules, including rules relating to the disclosure of the identity of the air carriers that provide services. If these requirements are met, you can allow the close business relations and cooperation between the two parties ' airline companies and foreign companies, and any of the following specific franchise or labelling measures, except in exceptional cases, by itself does not cause control problems: a) use and play franchise provider specific brand or trade mark, including the conditions for geographical areas in which the brand name or trademark may be used; (b)) play franchise provider brand colors and logo on a franchise receiver aircraft, including demonstrating such brand, trademark, logo, or similar identification feature prominently on the aircraft and staff uniforms; (c)) use and demonstrate the brand, trademark or logo of the franchise requested airport facilities and equipment, or in connection therewith; (d)) to keep customer care standards developed for the purpose of marketing; e) maintain customer care standards designed to protect the integrity of the franchise brand; (f) the fee for the licence) to ensure, subject to the standard commercial terms; g) provide the opportunity to participate in the "frequent flyer" program, including benefits accruing; and (h)) through a franchise agreement or marking, ensure the franchise provider or recipient the right to terminate the agreement and take away the brand, where the United States or nationals of the Member States still controls US, or a Community air carrier. 2. the franchise and labelling arrangements can exist independently or in addition to the code share arrangements for that party both airlines provide appropriate authority as defined in article 10 of this agreement, paragraph 7.
Joint statement by the United States and the European Community and its Member States confirmed that the air transport agreement of other languages, which initialled 2 March 2007 in Brussels and which is expected to sign the 2007 April 30, confirmed either in the form of an exchange of letters before the signing of the agreement, or by a decision of the Joint Committee after the signing of the agreement. This joint declaration is an integral part of the air transport agreement.

The United States, on behalf of the European Community and its Member States, ad referendum: John Byerly Daniel Calleja date: 2007 April 18, 2007 date: April 18.