EUROPEAN COMMISSION Brussels, 15.5.2017 COM(2016) 552 final/2 CORRIGENDUM

This document corrects document COM (2016) 552 final of 06.09.2016

Concerns all language versions

The annexes attached to the amended proposal presented on 6 September 2016 are replaced by the attached annexes

ANNEX to the Amended proposal for a Council decision

On the signature and provisional application of the Air Transport Agreement between the United States of America, of the first part, the European Union and its member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part; and

On the signature and provisional application of the Ancillary Agreement between the European Union and its member States, of the first part, Iceland, of the second part, and the Kingdom of Norway, of the third part, on the application of the Air Transport Agreement between the United States of America, of the first part, the European Union and its member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part



ANNEX to the Amended proposal for a Council decision

On the signature and provisional application of the Air Transport Agreement between the United States of America, of the first part, the European Union and its member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part; and

On the signature and provisional application of the Ancillary Agreement between the European Union and its member States, of the first part, Iceland, of the second part, and the Kingdom of Norway, of the third part, on the application of the Air Transport Agreement between the United States of America, of the first part, the European Union and its member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part AIR TRANSPORT AGREEMENT THE UNITED STATES OF AMERICA (hereinafter, ‘the United States’), of the first part; THE KINGDOM OF BELGIUM, THE REPUBLIC OF BULGARIA, THE CZECH REPUBLIC, THE KINGDOM OF DENMARK, THE FEDERAL REPUBLIC OF GERMANY, THE REPUBLIC OF ESTONIA, IRELAND, THE HELLENIC REPUBLIC, THE KINGDOM OF SPAIN, THE FRENCH REPUBLIC, THE ITALIAN REPUBLIC, THE REPUBLIC OF CYPRUS,

THE REPUBLIC OF LATVIA, THE REPUBLIC OF LITHUANIA, THE GRAND DUCHY OF LUXEMBOURG, THE REPUBLIC OF HUNGARY MALTA, THE KINGDOM OF THE NETHERLANDS, THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF POLAND, THE PORTUGUESE REPUBLIC, ROMANIA, THE REPUBLIC OF SLOVENIA, THE SLOVAK REPUBLIC, THE REPUBLIC OF FINLAND, THE KINGDOM OF SWEDEN, THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, being parties to the Treaty on European Union and the Treaty on the Functioning of the European Union and being Member States of the European Union (hereinafter, ‘the Member States’), and THE EUROPEAN UNION, of the second part; ICELAND,

of the third part; and THE KINGDOM OF NORWAY (hereinafter, ‘Norway’), of the fourth part; DESIRING to promote an international aviation system based on competition among airlines in the marketplace with minimum government interference and regulation; DESIRING to facilitate the expansion of international air transport opportunities, including through the development of air transportation networks to meet the needs of passengers and shippers for convenient air transportation services; DESIRING to make it possible for airlines to offer the travelling and shipping public competitive prices and services in open markets; DESIRING to have all sectors of the air transport industry, including airline workers, benefit in a liberalised agreement; DESIRING to ensure 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 jeopardise the safety of persons or property, adversely affect the operation of air transportation, and undermine public confidence 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 affect airline competition and may jeopardise the basic objectives of this Agreement; AFFIRMING the importance of protecting the environment in developing and implementing international aviation policy; NOTING the importance of protecting consumers, including the protections afforded by the Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal May 28, 1999; INTENDING to build upon the framework of existing agreements with the goal of opening access to markets and maximising benefits for consumers, airlines, labour, and communities on both sides of the Atlantic; RECOGNISING the importance of enhancing the access of their airlines to global capital markets in order to strengthen competition and promote the objectives of this Agreement; INTENDING to establish a precedent of global significance to promote the benefits of liberalisation in this crucial economic sector; RECOGNISING that the European Union replaced and succeeded the European Community as a consequence of the entry into force on December 1, 2009 of the Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community, and that as of that date, all the rights and obligations of, and all the references to the European Community in the Air Transport Agreement signed by the United States of America and the European Community and its Member States on April 25 and 30, 2007, apply to the European Union; HAVE AGREED AS FOLLOWS: Article 1 Definition ‘Party’ means the United States, the European Union and its Member States, Iceland, or Norway.

Article 2 Application of the Air Transport Agreement as amended by the Protocol and the Annex to this Agreement The provisions of the Air Transport Agreement signed by the United States of America and the European Community and its Member States on April 25 and 30, 2007 (hereinafter, ‘the Air Transport Agreement’), as amended by the Protocol to Amend the Air Transport Agreement signed by the United States of America and the European Union and its Member States on June 24, 2010 (hereinafter, ‘the Protocol’), which are hereby incorporated by reference, shall apply to all Parties to this Agreement, subject to the Annex to this Agreement. The provisions of the Air Transport Agreement, as amended by the Protocol, shall apply to Iceland and Norway as though they were Member States of the European Union, so that Iceland and Norway shall have all of the rights and obligations of Member States under that agreement. The provisions of the Annex to this Agreement form an integral part of this Agreement. Article 3 Termination or cessation of provisional application 1. Either the United States or the European Union and its Member States may, at any time, give notice in writing through diplomatic channels to the other three Parties of its decision to terminate this Agreement or to end this Agreement’s provisional application under Article 5. A copy of the notice shall be sent simultaneously to the International Civil Aviation Organization (ICAO). This Agreement shall terminate, or provisional application of this Agreement shall end, at midnight GMT at the end of the International Air Transport Association (IATA) traffic season in effect one year following the date of the written notification, unless the notice is withdrawn by agreement of all of the Parties before the end of this period. 2. Either Iceland or Norway may, at any time, give notice in writing through diplomatic channels to the other Parties of its decision to withdraw from this Agreement or to end its provisional application of this Agreement under Article 5. A copy of the notice shall be sent simultaneously to ICAO. Such withdrawal or cessation of provisional application shall be effective at midnight GMT at the end of the IATA traffic season in effect one year following the date of written notification, unless the notice is withdrawn by agreement of the Party giving written notice, the United States, and the European Union and its Member States before the end of this period. 3. Either the United States or the European Union and its Member States may, at any time, give notice in writing through diplomatic channels to Iceland or Norway of its decision to terminate this Agreement or to end this Agreement’s provisional application, with respect to Iceland or Norway. Copies of the notice shall be sent simultaneously to the other two Parties to this Agreement and to ICAO. Termination or cessation of provisional application with respect to Iceland or Norway shall be effective at midnight GMT at the end of the IATA traffic season in effect one year following the date of written notification, unless the notice is withdrawn by agreement of the United States, the European Union and its Member States, and the Party receiving the notice, before the end of this period. 4. For purposes of the diplomatic notes contemplated by this Article, diplomatic notes to or from the European Union and its Member States shall be delivered to or from, as the case may be, the European Union. 5. Notwithstanding any other provision of this Article, if the Air Transport Agreement, as amended by the Protocol, is terminated, this Agreement shall terminate simultaneously. Article 4 Registration with ICAO This Agreement and all amendments thereto shall be registered with ICAO by the General Secretariat of the Council of the European Union. Article 5 Provisional Application Pending its entry into force, the Parties agree to provisionally apply this Agreement, to the extent permitted under applicable domestic law, from the date of signature. If the Air Transport Agreement, as amended by the Protocol, is terminated in accordance with Article 23 thereof, or its provisional application ceases in accordance with Article 25 of that agreement, or provisional application of the Protocol ceases in accordance with Article 9 of the Protocol, provisional application of this Agreement shall cease simultaneously. Article 6 Entry into force This Agreement shall enter into force on the later of:

1. the date of entry into force of the Air Transport Agreement; 2. the date of entry into force of the Protocol; and 3. one month after the date of the last note of the exchanges of diplomatic notes among the Parties confirming that all necessary procedures for entry into force of this Agreement have been completed. For the purposes of this exchange of diplomatic notes, diplomatic notes to or from the European Union and its Member States shall be delivered to or from, as the case may be, the European Union. The diplomatic note or notes from the European Union and its Member States shall contain communications from each Member State confirming that its necessary procedures for entry into force of this Agreement have been completed. IN WITNESS WHEREOF the undersigned, being duly authorised, have signed this Agreement. Done at Luxembourg and Oslo, in quadruplicate, on the sixteenth and twenty-first of June 2011 respectively. For the United States of America За Европейския съюз Por la Unión Europea Za Evropskou unii For Den Europæiske Union Für die Europäische Union Euroopa Liidu nimel Για την Ευρωπαϊκή Ένωση For the European Union Pour l’Union européenne Per l’Unione europea Eiropas Savienības vārdā –

Europos Sąjungos vardu Az Európai Unió részéről Għall-Unjoni Ewropea Voor de Europese Unie W imieniu Unii Europejskiej Pela União Europeia Pentru Uniunea Europeană Za Európsku úniu Za Evropsko unijo Euroopan unionin puolesta För Europeiska unionen Fyrir Ísland For Kongeriket Norge

Voor het Koninkrijk België Pour le Royaume de Belgique Für das Königreich Belgien Deze handtekening verbindt eveneens het Vlaamse Gewest, het Waalse Gewest en het Brussels Hoofdstedelijk Gewest. Cette signature engage également la Région wallonne, la Région flamande et la Région de Bruxelles-Capitale. Diese Unterschrift bindet zugleich die Wallonische Region, die Flämische Region und die Region Brüssel-Hauptstadt. За Репyблика Бългaрия Za Českou republiku For Kongeriget Danmark

Für die Bundesrepublik Deutschland Eesti Vabariigi nimel Thar cheann Na hÉireann For Ireland Για την Ελληνική Δημοκρατία

Por el Reino de España Pour la République française Per la Repubblica italiana Για την Κυπριακή Δημοκρατία Latvijas Republikas vārdā – Lietuvos Respublikos vardu

Pour le Grand-Duché de Luxembourg A Magyar Köztársaság részéről Għal Malta Voor het Koninkrijk der Nederlanden Für die Republik Österreich W imieniu Rzeczypospolitej Polskiej

Pela República Portuguesa Pentru România Za Republiko Slovenijo Za Slovenskú republiku Suomen tasavallan puolesta För Republiken Finland

För Konungariket Sverige For the United Kingdom of Great Britain and Northern Ireland



JOINT DECLARATION Representatives of the United States of America, the European Union and its Member States, Iceland, and the Kingdom of Norway confirmed that the text of the Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part ("the Agreement ″), is to be authenticated in other languages, as provided either, before signature of the Agreement, by Exchanges of Letters or, after signature of the Agreement, by decision of the Joint Committee. This Joint Declaration is an integral part of the Agreement. For the United States of America For the European Union

and its Member States

For Iceland For the Kingdom of Norway



ANNEX Specific provisions with respect to Iceland and Norway The provisions of the Air Transport Agreement, as amended by the Protocol, modified as follows, shall apply to all Parties to this Agreement. The provisions of the Air Transport Agreement, as amended by the Protocol, shall apply to Iceland and Norway as though they were Member States of the European Union, so that Iceland and Norway shall have all of the rights and obligations of Member States under that agreement, subject to the following: 1. Paragraph 9 of Article 1 of the Air Transport Agreement, as amended by the Protocol, shall read as follows: ‘ “Territory” means, for the United States, the land areas (mainland and islands), internal waters and territorial sea under its sovereignty or jurisdiction, and, for the European Union and its Member States, the land areas (mainland and islands), internal waters and territorial sea in which the Agreement on the European Economic Area is applied and under the conditions laid down in that agreement and any successor instrument, with the exception of the land areas and internal waters under the sovereignty or jurisdiction of the Principality of Liechtenstein; application of this Agreement to Gibraltar airport is understood to be without prejudice to the respective legal positions 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 Union aviation measures existing as at 18 September 2006 as between Member States, in accordance with the Ministerial statement on Gibraltar Airport agreed in Córdoba on 18 September 2006; and’. 2. Articles 23 to 26 of the Air Transport Agreement, as amended by the Protocol, shall not apply to Iceland and Norway. 3. Articles 9 and 10 of the Protocol shall not apply to Iceland and Norway. 4. The following shall be added to Section 1 of Annex 1 of the Air Transport Agreement, as amended by the Protocol: ‘w. Iceland: Air Transport Agreement, signed at Washington June 14, 1995; amended March 1, 2002 by exchange of notes; amended August 14, 2006 and March 9, 2007 by exchange of notes. x. The Kingdom of Norway: Agreement relating to Air Transport Services effected by exchange of notes at Washington, October 6, 1945; amended August 6, 1954 by exchange of notes; amended June 16, 1995 by exchange of notes.’. 5. The text of Section 2 of Annex 1 of the Air Transport Agreement, as amended by the Protocol, shall read as follows: ‘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), (v) (United Kingdom-United States), and (x) (Norway-United States) of that section shall continue to apply, according to their terms.’. 6. The text of Section 3 of Annex 1 of the Air Transport Agreement, as amended by the Protocol, shall read as follows: ‘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, the Slovak Republic, Iceland, and the Kingdom of Norway.’.