Proposal for a Council Decision on the signature and provisional application of the Multilateral Agreement between the Republic of Albania, Bosnia and Herzegovina, the Republic of Bulgaria, the Republic of Croatia, the European Community, the Republic of Iceland, the former Yugoslav Republic of Macedonia, the Kingdom of Norway, Serbia and Montenegro, Romania and the United Nations Interim Administration Mission in Kosovo on the Establishment of a European Common Aviation Area (ECAA)
Date: 2006-03-14
Institutions: European Commission
Subjects: Europe, air space, air transport, international agreement, signature of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 14.03.2006 
COM(2006) 113 final 

2006/0036 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the signature and provisional application of the Multilateral Agreement between the 
Republic of Albania, Bosnia and Herzegovina, the Republic of Bulgaria, the Republic of 
Croatia, the European Community, the Republic of Iceland, the former Yugoslav 
Republic of Macedonia, the Kingdom of Norway, Serbia and Montenegro, Romania and 
the United Nations Interim Administration Mission in Kosovo on the Establishment of a 
European Common Aviation Area (ECAA) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Multilateral Agreement between the Republic of Albania, 
Bosnia and Herzegovina, the Republic of Bulgaria, the Republic of Croatia, the 
European Community, the Republic of Iceland, the former Yugoslav Republic of 
Macedonia, the Kingdom of Norway, Serbia and Montenegro, Romania and the United 
Nations Interim Administration Mission in Kosovo on the Establishment of a European 
Common Aviation Area (ECAA) 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1)  CONTEXT OF THE PROPOSAL 

110 

•  Grounds for and objectives of the proposal 

In  October  1996,  the  Council  granted  the  Commission  a  mandate  to  negotiate  a 
multilateral  agreement  with  the  then  candidate  countries  as  well  as  Iceland  and 
Norway. The reason for such a mandate was to open up markets between Europe and 
its  neighbours,  so  that  a  "European  Common  Aviation  Area"  (ECAA)  between  the 
Community and third countries follow the same pattern as the internal market itself:  

Full  market  opening  in  terms  of  access,  capacity  and  fares  and  freedom  of 

- 
establishment without nationality clauses (on a reciprocal basis), 

Alignment  with  Community  legislation  on  issues  such  as  safety,  security  and 

- 
air traffic management. 

The negotiations with the then candidate countries were discontinued in 2002, in view 
of impeding accession. The extension of the mandate to the Balkan region in December 
2004 was an important step forward and will help these parties to come closer to the 
EU in this sector of key economic importance.  

120 

•  General context 

The  text  of  the  multilateral  agreement  was  accepted  by  Albania,  Bosnia  and 
Herzegovina,  Bulgaria,  Croatia,  the  European  Community,  Iceland,  the  former 
Yugoslav Republic of Macedonia, Norway, Serbia and Montenegro, Romania and the 
United  Nations  Interim  Administration  Mission  in  Kosovo  during  the  final  round  of 
negotiations on 20 December 2005. 

The  outcome  of  these  negotiations  constitutes  significant  and  valuable  progress.  The 
level of regulatory convergence is unprecedented, as all 8 Western Balkan partners or 
"ECAA  partners"  have  accepted  to  align  their  national  aviation  legislation  to  the 
complete aviation acquis of the Community. Harmonised rules in Europe will create a 
common,  free  and  safe  air  transport  market,  which  can  be  a  driving  force  for  other 
sectors  and  contribute  to  the  development  of  the  whole  region,  benefiting  consumers 
and industry alike. This a major step forward where air transport will play a key role in 
putting impetus on the political and economic integration of Europe. 

130 

140 

•  Existing provisions in the area of the proposal 

Air  service  agreements  between  the  Member  States  and  the  ECAA  Partners  will  be 
superseded by the Agreement. 

•  Consistency with the other policies and objectives of the Union 

The  ECAA  was  expressly  designed  as  an  open  framework  accessible  for  European 
countries which wish to fully integrate into the European aviation family and to fit into 
the Neighbourhood Policy of the Community. 

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2)  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

Consultation methods, main sectors targeted and general profile of respondents 

Special  Committee,  Industry  Consultative  Forum.  Sector:  air  transport.  Respondents: 
Member States, airlines, airports, and their associations. 

Summary of responses and how they have been taken into account 

General support; policy and legislative proposals taken into account when negotiating 
with the ECAA partners. 

•  Collection and use of expertise 

Scientific/expertise domains concerned 

air transport 

Methodology used 

Assessment Reports on the air transport sector of each Western Balkan partner 

Main organisations/experts consulted 

independent experts of Member States  

211 

212 

221 

222 

223 

2249 

Summary of advice received and used 

225 

226 

230 

The existence of potentially serious risks with irreversible consequences has not been 
mentioned. 

Market  opening  will  be  linked  with  regulatory  convergence  i.e.  the  ECAA  Partners 
implementing the Community aviation acquis setting very high standards for aviation 
safety, security, environmental and consumer protection, competition etc. 

Means used to make the expert advice publicly available 

Assessment Reports shared with Member States and stakeholders. 

•  Impact assessment 

Assistance  program  for  the  Western  Balkan  partners  to  help  them  implement  the 
Community aviation acquis.  

No other options considered as appropriate. 

3)  LEGAL ELEMENTS OF THE PROPOSAL 

305 

•  Summary of the proposed action 

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The text has been significantly simplified since it was first negotiated in 1996 with the 
then  ten  candidate  countries.  For  instance,  competition  issues  will  now  be  dealt  with 
through the Stabilisation and Association process. 

A common, "multilateral main text" forms the basis of the ECAA, which is applicable 
to all signatories. To this common text are added a series of Protocols accommodating 
for  specific  needs  of  each  country  joining  the  ECAA,  including  the  appropriate 
transitional  arrangements.  Finally,  the  Annex  to  the  agreement  lists  the  Community 
aviation acts that will become applicable within the ECAA. 

•  Legal basis 

EC Treaty Art. 80(2), 300(2), 300(4) 

•  Subsidiarity principle 

The proposal falls under the exclusive competence of the Community. The subsidiarity 
principle therefore does not apply. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reason(s). 

The ECAA Agreement is a multilateral aviation agreement which will supersede to a 
large extent bilateral air service agreements between the Member States and the ECAA 
partners.  However,  Member  States  will  remain  able  to  introduce  safeguard  measures 
where necessary.  

The Agreement will be administered by a Joint Committee of the Parties. One or two 
meeting per year is foreseen. 

•  Choice of instruments 

Proposed instruments: international agreement. 

The  Council  is  requested  to  adopt  the  Decisions  on  the  signature  and  provisional 
application, and on the conclusion of the Agreement.  

4)  BUDGETARY IMPLICATION 

The proposal has no implication for the Community budget. 

5)  ADDITIONAL INFORMATION 

•  Simplification 

The proposal provides for simplification of legislation. 

The  several  bilateral  air  service  agreements  between  Member  States  and  the  ECAA 
Partners will be to a large extent substituted by one single Community agreement. 

310 

329 

331 

332 

341 

342 

409 

510 

511 

512 

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570 

•  Detailed explanation of the proposal 

Proposals (1) for a Council decision on the signature and provisional application of the 
Multilateral Agreement between the Republic of Albania, Bosnia and Herzegovina, the 
Republic of Bulgaria, the Republic of Croatia, the European Community, the Republic 
of  Iceland,  the  former  Yugoslav  Republic  of  Macedonia,  the  Kingdom  of  Norway, 
Serbia  and  Montenegro,  Romania  and  the  United  Nations  Interim  Administration 
Mission  in  Kosovo  on  the  Establishment  of  a  European  Common  Aviation  Area 
(ECAA) and (2) for a Council decision on the conclusion of the ECAA Agreement. 

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Proposal for a 

COUNCIL DECISION 

on the signature and provisional application of the Multilateral Agreement between the 
Republic of Albania, Bosnia and Herzegovina, the Republic of Bulgaria, the Republic of 
Croatia, the European Community, the Republic of Iceland, the former Yugoslav 
Republic of Macedonia, the Kingdom of Norway, Serbia and Montenegro, Romania and 
the United Nations Interim Administration Mission in Kosovo on the Establishment of a 
European Common Aviation Area (ECAA) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
80,  paragraph  2,  in  conjunction  with  Article  300,  paragraph  2,  first  sentence  of  the  first 
subparagraph thereof, and Article 300, paragraph 4, 

Having regard to the proposal from the Commission1, 

Whereas: 

(1) 

(2) 

The  Council  authorised  the  Commission  to  open  negotiations  with  certain  European 
third countries to establish a European Common Aviation Area (ECAA); 

The Commission has negotiated on behalf of the Community a Multilateral Agreement 
with  Albania,  Bosnia  and  Herzegovina,  Bulgaria,  Croatia,  Iceland,  the  former 
Yugoslav Republic of Macedonia, Norway, Serbia and Montenegro, Romania and the 
United  Nations  Interim  Administration  Mission  in  Kosovo  on  the  establishment  of  a 
European Common Aviation Area in accordance with the mechanisms and directives 
in the Annex to the Council’s decision authorising the Commission to open the ECAA 
negotiations; 

(3) 

Subject  to  its  possible  conclusion  at  a  later  date,  the  Agreement  negotiated  by  the 
Commission should be signed and applied provisionally. 

HAS DECIDED AS FOLLOWS:  

Article 1 

1. 

Subject  to  its  subsequent  conclusion  at  a  later  date,  the  President  of  the  Council  is 
hereby authorised to designate the person or persons empowered to sign on behalf of 
the Community the Multilateral Agreement between the Republic of Albania, Bosnia 
and  Herzegovina,  the  Republic  of  Bulgaria,  the  Republic  of  Croatia,  the  European 

1 

OJ C , , p. . 

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Community, the Republic of Iceland, the former Yugoslav Republic of Macedonia, 
the Kingdom of Norway, Serbia and Montenegro, Romania and the United Nations 
Interim  Administration  Mission  in  Kosovo  on  the  Establishment  of  a  European 
Common Aviation Area (ECAA). 

2. 

Pending  its  entry  into  force,  the  Agreement  shall  be  applied  provisionally  from  the 
date  of  signature  between  the  Community  and  any  other  parties  which  make  the 
notification provided in Article 29(3) of the Agreement, provided that they include at 
least  one  Associated  Party.  The  President  of  the  Council  is  hereby  authorised  to 
make such notification on behalf of the Community. 

3. 

The text of the Agreement is annexed to this decision. 

Article 2 

1. 

2. 

The Community shall be represented in the Joint Committee set up under Article 18 
of  the  Agreement  by  the  Commission  assisted  by  representatives  of  the  Member 
States. 

The  position  to  be  taken  by  the  Community  as  regards  decisions  of  the  Joint 
Committee shall be adopted by the Commission.  

Done at Brussels,  

For the Council 
The President 

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2006/0036 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Multilateral Agreement between the Republic of Albania, 
Bosnia and Herzegovina, the Republic of Bulgaria, the Republic of Croatia, the 
European Community, the Republic of Iceland, the former Yugoslav Republic of 
Macedonia, the Kingdom of Norway, Serbia and Montenegro, Romania and the United 
Nations Interim Administration Mission in Kosovo on the Establishment of a European 
Common Aviation Area (ECAA) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
80,  paragraph  2,  in  conjunction  with  Article  300,  paragraph  2,  first  sentence  of  the  first 
subparagraph  thereof  and  Article  300,  paragraph  3,  first  subparagraph,  and  Article  300, 
paragraph 4, 

Having regard to the proposal from the Commission2, 

Having regard to the opinion of the European Parliament3, 

Whereas: 

(1) 

(2) 

The  Council  authorised  the  Commission  to  open  negotiations  with  certain  European 
third countries to establish a European Common Aviation Area (ECAA); 

The Commission has negotiated on behalf of the Community a Multilateral Agreement 
with  Albania,  Bosnia  and  Herzegovina,  Bulgaria,  Croatia,  Iceland,  the  former 
Yugoslav Republic of Macedonia, Norway, Serbia and Montenegro, Romania and the 
United  Nations  Interim  Administration  Mission  in  Kosovo  on  the  establishment  of  a 
European Common Aviation Area in accordance with the mechanisms and directives 
in the Annex to the Council’s decision authorising the Commission to open the ECAA 
negotiations; 

(3) 

This  Agreement  was  signed  on  behalf  of  the  Community  on  subject  to  its  possible 
conclusion  at  a  later  date,  in  conformity  with  the  decision  …/…/EC  of  the  Council 
on 4  

(4) 

This Agreement should be approved. 

2 
3 
4 

OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 

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HAS DECIDED AS FOLLOWS:  

Article 1 

1. 

The  Multilateral  Agreement  between  the  Republic  of  Albania,  Bosnia  and 
Herzegovina,  the  Republic  of  Bulgaria,  the  Republic  of  Croatia,  the  European 
Community, the Republic of Iceland, the former Yugoslav Republic of Macedonia, 
the Kingdom of Norway, Serbia and Montenegro, Romania and the United Nations 
Interim  Administration  Mission  in  Kosovo  on  the  Establishment  of  a  European 
Common Aviation Area (ECAA) is approved on behalf of the Community. 

2. 

The text of the Agreement is annexed to this decision. 

The  president  of  the  Council  is  authorised  to  designate  the  person  empowered  to  make  the 
notification provided in Article 29(1) of the Agreement. 

Article 2 

Article 3 

1. 

2. 

The Community shall be represented in the Joint Committee set up under Article 18 
of  the  Agreement  by  the  Commission  assisted  by  representatives  of  the  Member 
States. 

The  position  to  be  taken  by  the  Community  as  regards  decisions  of  the  Joint 
Committee shall be adopted by the Commission.  

Done at Brussels,  

For the Council 
The President 

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ANNEX  

Multilateral Agreement 

between 

The Republic of Albania, Bosnia and Herzegovina, the Republic of Bulgaria, the Republic of 
Croatia, the European Community, the Republic of Iceland, the former Yugoslav Republic of 
Macedonia, the Kingdom of Norway, Serbia and Montenegro, Romania and the United 
Nations Interim Administration Mission in Kosovo5 

on the Establishment of a 

European Common Aviation Area 

The Contracting Parties 

RECOGNISING  the  integrated  character  of  international  civil  aviation  and  desiring  to  create  a 
European  Common  Aviation  Area  (ECAA)  based  on  mutual  market  access  to  the  air  transport 
markets  of  the  Contracting  Parties  and  the  freedom  of  establishment,  with  equal  conditions  of 
competition, and the respect of the same rules - including in the areas of safety, security, air traffic 
management, social harmonisation and environment;  

CONSIDERING that the rules concerning the ECAA shall apply on a multilateral basis within the 
ECAA and that specific rules, therefore, need to be defined in this respect; 

AGREEING  that  it  is  appropriate  to  base  these  rules  of  the  ECAA  on  the  relevant  legislation  in 
force  within  the  European  Community,  as  laid  down  in  Annex  I  to  this  Agreement,  without 
prejudice to those contained in the EC Treaty;  

RECOGNISING that full compliance with the ECAA rules entitle the Contracting  Parties  to reap 
the benefits from the ECAA, including market access;  

BEARING IN MIND that compliance with the ECAA rules, including full market access, cannot be 
achieved  in  one  step,  but  rather  by  means  of  a  transition  facilitated  by  specific  arrangements  of 
limited duration; 

EMPHASISING  that,  subject  to  transitional  arrangements  where  necessary,  the  rules  concerning 
market access of air carriers should exclude limitations on frequencies, capacity, air routes, type of 
aircraft or similar restrictions under bilateral air transport agreements or arrangements, and that air 
carriers  should  not  be  required  to  enter  into  commercial  agreements  or  similar  arrangements  as  a 
condition to market access; 

EMPHASIZING that air carriers should be treated in a non-discriminatory manner regarding their 
access to air transport infrastructures especially where these infrastructures are limited; 

BEARING IN MIND that Association Agreements as a matter of principle provide that, with a view 
to  ensuring  a  co-ordinated  development  and  progressive  liberalisation  of  transport  between  their 

5 

Pursuant to UN Security Council Resolution 1244 of 10 June 1999. 

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Parties  adapted  to  reciprocal  commercial  needs,  the  conditions  of  mutual  market  access  in  air 
transport shall be dealt with by special agreements; 

BEARING IN MIND the desire of each of the Associated Parties to make its laws on air transport 
and associated matters compatible with those of the European Community, including with regard to 
future legislative developments within the Community; 

RECOGNISING the importance of technical assistance in this perspective;  

RECOGNISING that the relations between the Community and Norway and Iceland must continue 
to be governed by the European Economic Area Agreement; 

DESIRING to allow for subsequent enlargement of the European Common Aviation Area; 

RECALLING the negotiations between the European Community and the Associated Parties with a 
view  to  concluding  Agreements  on  Certain  Aspects  of  Air  Services  which  will  bring  bilateral  air 
service agreements between the European Community Member States and the Associated Parties in 
line with European Community law; 

HAVE AGREED AS FOLLOWS: 

Objectives and principles 

Article 1 

1. 

2. 

3. 

The  aim  of  this  Agreement  is  the  creation  of  a  European  Common  Aviation  Area, 
hereinafter  referred  to  as  the  ECAA.  The  ECAA  shall  be  based  on  free  market  access, 
freedom of establishment, equal conditions of competition, and common rules including in 
the safety, security, air traffic management, social and environment areas. For this purpose 
this  Agreement  sets  out  the  rules  applicable  between  the  Contracting  Parties  under  the 
conditions set out hereafter. These rules include the provisions laid down by the legislation 
specified in Annex I. 

The provisions of this Agreement shall apply to the extent that they concern air transport or 
an associated matter mentioned in Annex I. 

This  Agreement  consists  of  a  series  of  articles,  setting  out  the  general  functioning  of  the 
ECAA  (the  Main  Agreement),  a  series  of  Annexes,  of  which  Annex  I  contains  the 
European  Community  legislation  applicable  between  the  Contracting  Parties  in  the 
framework of the Main Agreement, and a series of Protocols, of which at least one for each 
Associated Party establishes the transitional arrangements applicable to it. 

1. 

For the purposes of this Agreement: 

Article 2  

(a) 

(b) 

the term “Agreement” means the Main Agreement, its Annexes, the acts referred to 
in Annex I as well as its Protocols; 

the  term  “Associated  Party”  means  the  Republic  of  Albania,  Bosnia  and 
Herzegovina, the Republic of Bulgaria, the Republic of Croatia, the former Yugoslav 

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Republic  of  Macedonia,  Romania,  Serbia  and  Montenegro,  or  any  other  State  or 
entity that shall have become a party to this Agreement pursuant to Article 32; 

(c) 

an  additional  Associated  Party  is  UNMIK  meaning  the  United  Nations  Interim 
Administration Mission in Kosovo pursuant to UN Security Council Resolution 1244 
of 10 June 1999; 

(d) 

the term “Contracting Party” means the European Community, an Associated Party, 
Norway or Iceland;  

(e) 

the term “ECAA Partner” means an Associated Party, Norway or Iceland; 

(f) 

the term “EC Treaty” means the Treaty Establishing the European Community;  

(g) 

(h) 

(i) 

(j) 

(k) 

(l) 

the term “EEA Agreement” means the Agreement on the European Economic Area 
and  its  Protocols  and  Annexes  signed  on  2nd  May  1992  to  which  the  European 
Community, its Member States, Iceland, Liechtenstein and Norway are parties; 

the  term  “Association  Agreement”  means  each  of  such  Agreements  establishing  an 
association between the European Community, or between the European Community 
and its Member States, on the one hand, and the respective Associated Party, on the 
other hand; 

the term “ECAA air carrier” means an air carrier, which is licensed as provided by 
this  Agreement  in  accordance  with  the  provisions  of  the  relevant  acts  specified  in 
Annex I; 

the term “Competent Civil Aviation Authority” means a government agency or entity 
that exercises a legal right to assess conformity of, to certify and control the use or 
sale of products or services or licences within a Contracting Party’s jurisdiction and 
may take enforcement action to ensure that products or services marketed within its 
jurisdiction comply with legal requirements; 

the  term  “Convention”  means  the  Convention  on  International  Civil  Aviation, 
opened  for  signature  at  Chicago  on  7  December  1944,  and  the  amendments  and 
Annexes thereof; 

the term “SESAR” means the technical implementation of the Single European Sky 
which  provides  a  co-ordinated,  synchronised  development  and  deployment  of  the 
new generations of ATM systems; 

(m) 

the term “ATM Master Plan” means the starting point of SESAR; 

(n) 

the term “EC Member State” means a Member State of the European Community. 

2. 

The use of the terms “country”, “national”, “nationals” or “territory” is without prejudice 
to the status of each Contracting Party under international law. 

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Article 3 

Acts  referred  to  or  contained  in  Annex  I  to  this  Agreement  or  in  decisions  of  the  Joint 
Committee shall be binding upon the Contracting Parties and be, or be made, part of their 
internal legal order as follows: 

(a) 

(b) 

an  act  corresponding  to  an  EC  Regulation  shall  be  made  part  of  the  internal  legal 
order of the Contracting Parties; 

an  act  corresponding  to  an  EC  Directive  shall  leave  to  the  authorities  of  the 
Contracting Parties the choice of form and method of implementation. 

Article 4 

The Contracting Parties shall take all appropriate measures, whether general or particular, 
to ensure fulfilment of the obligations arising out of this Agreement and shall abstain from 
any measure which could jeopardise the attainment of the objectives of this Agreement.  

Article 5 

The  provisions  of  this  Agreement  shall  not  affect  the  relations  between  the  Contracting 
Parties of the EEA Agreement. 

Non-discrimination 

Article 6 

Within  the  scope  of  this  Agreement,  and  without  prejudice  to  any  special  provisions 
contained therein, any discrimination on grounds of nationality shall be prohibited. 

Right of establishment 

Article 7 

Within the scope and conditions of this Agreement and without prejudice to the provisions 
of the relevant acts specified in Annex I, there shall be no restrictions on the freedom of 
establishment of nationals of an EC Member State or an ECAA Partner in the territory of 
any  of  them.  Freedom  of  establishment  shall  include  the  right  to  take  up  and  pursue 
activities  as  self-employed  persons  and  to  set  up  and  manage  undertakings,  in  particular 
companies or firms under the conditions laid down for its own nationals by the law of the 
country  where  such  establishment  is  effected.  This  shall  also  apply  to  the  setting  up  of 
agencies, branches or subsidiaries by nationals of any EC Member State or ECAA Partner 
established in the territory of any of them. 

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1. 

2. 

1. 

2. 

1. 

2. 

1. 

Article 8 

Within the scope of this Agreement and without prejudice to the provisions of the relevant 
acts specified in Annex I, companies or firms constituted or organised in accordance with 
the law of an EC Member State  or  an  ECAA Partner and having  their principal  place of 
business  within  the  ECAA  shall  be  treated  in  the  same  way  as  natural  persons  who  are 
nationals of EC Member States or ECAA Partners. 

The  terms  “companies  or  firms”  mean  companies  or  firms  constituted  under  civil  or 
commercial  law,  including  co-operative  societies,  and  other  legal  persons  governed  by 
public or private law, except those which are non-profit-making.  

Article 9 

The provisions of Articles 7 and 8 shall not apply to activities which, in the territory of any 
Contracting Party, are connected, even occasionally, with the exercise of official authority.  

The  provisions  of  Articles  7  and  8  and  measures  taken  in  pursuance  thereof  shall  not 
prejudice  the  applicability  of  provisions  laid  down  by  law,  regulation  or  administrative 
action  providing  for  special  treatment  for  foreign  nationals  on  grounds  of  public  policy, 
public security or public health.  

Article 10 

Without  prejudice  to  more  favourable  provisions  in  existing  agreements  and  within  the 
scope of this Agreement, the Contracting Parties shall abolish quantitative restrictions and 
measures having an equivalent effect, to transfers of equipment, supplies, spare parts, and 
other devices when they are necessary for an ECAA air carrier to continue to provide air 
transport services under the conditions foreseen by this Agreement. 

This  obligation  shall  not  preclude  the  Contracting  Parties  from  prohibiting  or  imposing 
restrictions on such transfers  justified on the  grounds  of  public  policy or public security; 
the  protection  of  health  and  life  of  humans,  animals  or  plants;  or  the  protection  of 
intellectual, industrial and commercial property. Such prohibitions or restrictions shall not, 
however, constitute a means of arbitrary discrimination or a disguised restriction on trade 
between the Contracting Parties. 

Aviation safety 

Article 11 

The  Contracting  Parties  shall  put  in  place  the  appropriate  means  to  ensure  that  aircraft 
registered in one Contracting Party, when landing at airports in another Contracting Party, 
shall  comply  with  international  safety  standards  established  pursuant  to  the  Convention 
Party  and  shall  be  subject  to  ramp  inspections  by  the  authorized  representatives  of  that 
other Contracting Party, on board and around the aircraft to check both the validity of the 
aircraft documents and those of its crew and the apparent condition of the aircraft and its 
equipment.  

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2. 

3. 

4. 

5. 

6. 

1. 

2. 

3. 

Contracting  Party  may  request  consultations  at  any  time  concerning  the  safety  standards 
maintained  by  another  Contracting  Party  in  areas  other  than  those  covered  by  the  acts 
referred to in Annex I to this Agreement.  

Nothing in this Agreement shall be construed to limit the authority of a Competent Civil 
Aviation Authority to take all appropriate and immediate measures whenever it ascertains 
that a product or a service may: 

i. 

ii. 

fail  to  satisfy  the  minimum  standards  which  may  be  established  pursuant  to  the 
Convention, or 

give  rise  to  serious  concerns  –  established  through  an  inspection  referred  to  in 
paragraph 1 - that an aircraft or the operation of an aircraft does not comply with the 
minimum standards established pursuant to the Convention, or 

iii. 

give  rise  to  serious  concerns  that  there  is  a  lack  of  effective  maintenance  and 
administration of minimum standards established pursuant to the Convention. 

Where  a  Competent  Civil  Aviation  Authority  takes  action  under  paragraph  3,  it  shall 
promptly inform the Competent Civil Aviation Authorities of the other Contracting Parties 
of taking such action, providing reasons for its action.  

Where measures taken in application of paragraph 4 are not discontinued even though the 
basis for taking them has ceased to exist, any Contracting Party may refer the matter to the 
Joint Committee.  

Any amendments to national law with respect to the status of the Competent Civil Aviation 
Authority  shall  be  notified  by  the  Contracting  Party  concerned  to  the  other  Contracting 
Parties. 

Aviation security 

Article 12  

In  order  to  safeguard  civil  aviation  against  acts  of  unlawful  interference,  the  Contracting 
Parties  shall  ensure  that  the  common  basic  standards  and  the  compliance  monitoring 
mechanisms on aviation security as contained in Annex I to this Agreement are applied to 
any airport located in their territories. 

The Contracting Parties shall provide upon request all necessary assistance to each other to 
prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety 
of  such  aircraft,  their  passengers  and  crew,  airports  and  air  navigation  facilities,  and  any 
other threat to the security of civil aviation. 

When  an  incident  or  threat  of  an  incident  of  unlawful  seizure  of  civil  aircraft  or  other 
unlawful acts against the safety of such aircraft, their passengers and crew, airports or air 
navigation  facilities  occurs,  the  Contracting  Parties  shall  assist  each  other  by  facilitating 
communications  and  other  appropriate  measures  intended  to  terminate  rapidly  and  safely 
such incident or threat thereof. 

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4. 

1. 

2. 

3. 

1. 

An  Associated  Party  may  be  subjected  to  a  European  Commission  inspection  in 
accordance with the relevant European Community legislation as referred to in Annex I to 
this Agreement, and it may be required to participate in European Commission inspections 
in other Contracting Parties. 

Air Traffic Management 

Article 13 

The Contracting parties shall cooperate in the field of air traffic management with a view 
to  extending  the  Single  European  Sky  to  the  ECAA  in  order  to  enhance  current  safety 
standards  and  overall  efficiency  for  general  air  traffic  standards  in  Europe,  to  optimise 
capacity and to minimise delays. 

With a view to facilitating the application of the Single European Sky legislation in their 
territories, 

–  The  Associated  Parties,  within  the  limits  of  their  respective  competences,  shall  at  the 
earliest opportunity take the necessary measures to adjust their air traffic management 
institutional  structures  to  the  Single  European  Sky,  in  particular  by  designating  or 
establishing  pertinent  national  supervisory  bodies  at  least  functionally  independent  of 
air traffic management service providers. 

–  The  European  Community  shall  associate  the  Associated  Parties  with  any  operational 
initiative in the fields of air navigation services, airspace and interoperability that stem 
from  the  Single  European  Sky,  in  particular  through  the  early  involvement  of  the 
relevant Contracting Parties’ efforts to establish functional airspace blocks. 

The  European  Community  shall  see  to  it  that  the  Associated  Parties  are  fully  associated 
with  the  development  of  an  Air  Traffic  Management  (ATM)  Master  Plan  and  its 
implementation throughout the SESAR programme.  

Competition 

Article 14 

Within the scope of this Agreement the provisions of Annex III shall apply. Where rules on 
competition  and  state  aid  are  included  in  other  agreements  between  two  or  more 
Contracting Parties, such as Association Agreements, these rules shall apply between those 
Parties. 

2. 

Articles 15, 16 and 17 shall not apply with respect to the provisions in Annex III. 

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Enforcement 

Article 15 

1. 

2. 

3. 

1. 

2. 

Without prejudice to paragraphs 2 and 3 of this Article, each Contracting Party shall ensure 
that the rights which devolve from this Agreement, and in particular from the acts specified 
in Annex I, may be invoked before national courts. 

In  cases,  which  may  affect  actual  or  potential  air  services  to  be  authorised  under  this 
Agreement,  the  European  Community  institutions  shall  enjoy  the  powers  specifically 
granted to them under the provisions of the acts referred to or contained in Annex I to this 
Agreement.  

All  questions  concerning  the  legality  of  decisions  taken  by  European  Community 
institutions under this Agreement, in particular under the acts specified in Annex I, shall be 
of the exclusive competence of the Court of Justice of the European Communities. 

Interpretation 

Article 16 

In  so  far  as  the  provisions  of  this  Agreement  and  the  provisions  of  the  acts  specified  in 
Annex  I  are  identical  in  substance  to  corresponding  rules  of  the  EC  Treaty  and  to  acts 
adopted in application of the EC Treaty, those provisions shall, in their implementation and 
application, be interpreted in conformity with the relevant rulings and decisions of the Court 
of  Justice  of  the  European  Communities  and  the  European  Commission  given  prior  to  the 
date  of  signature  of  this  Agreement.  The  rulings  and  decisions  given  after  the  date  of 
signature of this Agreement shall be communicated to the other Contracting Parties. At the 
request of one of the Contracting Parties, the implications of such later rulings and decisions 
shall be determined by the Joint Committee in view of ensuring the proper functioning of this 
Agreement. Existing interpretations shall be communicated prior to the date of signature of 
the Agreement to the ECAA Partners. Decisions taken by the Joint Committee under this 
procedure shall be in conformity with the case law of the Court of Justice of the European 
Communities. 

When a question of interpretation of this Agreement, of the provisions of the acts specified 
in Annex I or of acts adopted in pursuance thereof identical in substance to corresponding 
rules  of  the  EC  Treaty  and  to  acts  adopted  in  application  of  that  Treaty,  arises  in  a  case 
pending  before  a  court  or  tribunal  of  an  ECAA  Partner,  the  court  or  tribunal  asks,  if  it 
considers this necessary to enable it to give a judgement and in accordance with Annex IV, 
the  Court  of  Justice  of  the  European  Communities  to  decide  on  the  question.  An  ECAA 
Partner may, by decision and in accordance with Annex IV, stipulate as to what extent and 
according  to  what  modalities  its  courts  and  tribunals  shall  apply  this  provision.  Such  a 
decision  shall  be  notified  to  the  depositary  and  the  Court  of  Justice  of  the  European 
Communities. The depositary shall inform the other Contracting Parties. 

3. 

Where, in accordance with the provisions of the paragraph above, a court of a Contracting 
Party against whose decisions there is no judicial remedy under national law is not able to 

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make a reference to the Court of Justice of the European Communities, any judgement of 
such court shall be transmitted by such a Contracting Party to the Joint Committee which 
shall act so as to preserve the homogeneous interpretation of this Agreement. If the Joint 
Committee,  within  two  months  after  a  difference  between  the  case  law  of  the  Court  of 
Justice  of  the  European  Communities  and  a  judgement  of  a  court  of  such  a  Contracting 
Party  has  been  brought  before  it,  has  not  succeeded  to  preserve  the  homogeneous 
interpretation of the Agreement, the procedures laid down in Article 20 may be applied.  

New legislation 

Article 17 

1. 

2. 

This Agreement shall be without prejudice to the right of each Contracting Party, subject to 
compliance with the principle of non-discrimination and the provisions of this Article and 
of  Article  18,  paragraph  4  to  unilaterally  adopt  new  legislation  or  amend  its  existing 
legislation  in  the  field  of  air  transport  or  an  associated  area  mentioned  in  Annex  I.  The 
Associated Parties shall not adopt any such legislation unless it is in accordance with this 
Agreement, including the acts specified in Annex I. 

As  soon  as  a  Contracting  Party  has  adopted  new  legislation  or  an  amendment  to  its 
legislation  it  shall  inform  the  other  Contracting  Parties  via  the  Joint  Committee  not  later 
than  one  month  after  the  adoption.  Upon  the  request  of  any  Contracting  Party,  the  Joint 
Committee  shall  within  two  months  thereafter  hold  an  exchange  of  views  on  the 
implications  of  such  new  legislation  or  amendment  for  the  proper  functioning  of  this 
Agreement. 

3. 

The Joint Committee shall: 

a) 

b) 

either adopt a decision revising Annex I of this Agreement so as to integrate therein, 
if necessary on a basis of reciprocity, the new legislation or amendment in question; 
or 

adopt a decision to the effect that the new legislation or amendment in question shall 
be regarded as in accordance with this Agreement; or 

c) 

decide any other measures to safeguard the proper functioning of this Agreement. 

4. 

As regards the legislation which has been adopted between the signing of this Agreement 
and its entry into force and of which the other Contracting Parties have been informed, the 
date of referral shall be taken as the date on which the information was received. The date 
on  which  the  Joint  Committee  shall  reach  a  decision  may  not  be  earlier  than  sixty  days 
after the entry into force of this Agreement. 

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Joint Committee 

Article 18 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

1. 

2. 

A Joint Committee is hereby established which shall be responsible for the administration 
of this Agreement and shall ensure its proper implementation, without prejudice to Article 
15(2) and (3) and Articles 21 and 22. For this purpose it shall make recommendations and 
take  decisions  in  the  cases  provided  for  in  this  Agreement.  The  decisions  of  the  Joint 
Committee shall be put into effect by the Contracting Parties in accordance with their own 
rules. 

The Joint Committee shall consist of representatives of the Contracting Parties. 

The Joint Committee shall act by consensus. However, the Joint Committee may decide to 
lay down a majority voting procedure for certain specific issues. 

For the purpose of the proper enforcement of this Agreement, the Contracting Parties shall 
exchange information, inter alia, on new legislation or decisions taken of relevance for this 
Agreement,  and,  at  the  request  of  any  Party,  shall  hold  consultations  within  the  Joint 
Committee, including on social issues. 

The Joint Committee shall adopt its own rules of procedure. 

An  ECAA  Partner  or  the  European  Community  shall  preside  in  turn  over  the  Joint 
Committee in accordance with the arrangements to be laid down in its rules of procedure. 

The  chairman  of  the  Joint  Committee  shall  convene  meetings  of  that  Committee  at  least 
once  a  year  in  order  to  review  the  general  functioning  of  this  Agreement  and  whenever 
special  circumstances  so  require,  at  the  request  of  a  Contracting  Party.  The  Joint 
Committee shall keep under constant review the development of the case law of the Court 
of  Justice  of  the  European  Communities.  To  this  end  the  European  Community  shall 
transmit  to  the  ECAA  Partners  all  judgements  of  the  Court  of  Justice  of  the  European 
Communities relevant for the functioning of the Agreement. The Joint Committee shall act 
within three months so as to preserve the homogeneous interpretation of the Agreement. 

The Joint Committee may decide to set up any working party that can assist it in carrying 
out its duties. 

Article 19 

A  decision  of  the  Joint  Committee  shall  be  binding  upon  the  Contracting  Parties. 
Whenever a decision taken by the Joint Committee contains a requirement for action to be 
taken by a Contracting Party, the said Party shall take the necessary measures and inform 
the Joint Committee thereof. 

The  decisions  of  the  Joint  Committee  shall  be  published  in  the  Official  Journals  of  the 
Contracting  Parties.  Each  decision  shall  state  the  date  of  its  implementation  by  the 
Contracting Parties and any other information likely to concern economic operators. 

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Dispute settlement 

Article 20 

1. 

2. 

3. 

4. 

A  Contracting  Party  may  bring  a  matter  under dispute which concerns the application or 
interpretation  of  this  Agreement  before  the  Joint  Committee,  except  where  specific 
procedures are set out in this Agreement. 

When  a  dispute  has  been  brought  before  the  Joint  Committee  under  paragraph  1, 
immediate consultations shall be held between the parties to the dispute. In cases where the 
European Community is not a party to the dispute, a European Community representative 
may be invited in the consultations by one of the parties to the dispute. The parties to the 
dispute may draw up a proposed solution which shall immediately be submitted to the Joint 
Committee. Decisions taken by the Joint Committee under this procedure shall not affect 
the case law of the Court of Justice of the European Communities. 

If the Joint Committee after four months from the date when the matter has been brought 
before  it  has  not  succeeded  to  take  a  decision  resolving  the  dispute,  the  parties  to  the 
dispute may refer the dispute to the Court of Justice of the European Communities whose 
decision  thereon  shall  be  final  and  binding.  The  modalities  according  to  which  such 
referrals may be made to the Court of Justice of the European Communities are set out in 
Annex IV. 

If the Joint Committee does not take a decision on an issue which has been referred to it 
within  four  months,  the  Contracting  Parties  may  take  appropriate  safeguard  measures  in 
accordance  with  Articles  21  and  22  of  this  Agreement  for  a  period  not  exceeding  six 
months.  After  this  period  each  Contracting  Party  may  denounce  the  Agreement  with 
immediate effect. A Contracting Party shall not take safeguard measures on a matter which 
has been referred to the Court of Justice of the European Communities in accordance with 
this Agreement, except in cases defined in Article 11(3) or in compliance with mechanisms 
provided for in individual acts specified in Annex I. 

Safeguard measures 

Article 21  

Without  prejudice  to  Article  11(3)  and  the  safety  and  security  assessments  mentioned  in 
the Protocols to this Agreement, safeguard measures shall be restricted with regard to their 
scope and duration to what is strictly  necessary in order to remedy the situation. Priority 
shall be given to such measures as will least disturb the functioning of this Agreement. 

Article 22 

1. 

A  Contracting  Party  or  an  EC  Member  State  which  is  considering  taking  safeguard 
measures shall notify the other Contracting Parties and the EC Member States through the 
Joint Committee and shall provide all relevant information. 

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2. 

3. 

4. 

The  Contracting  Parties  or  the  EC  Member  States  shall  immediately  enter  into 
consultations  in  the  Joint  Committee  with  a  view  to  finding  a  commonly  acceptable 
solution. 

Without  prejudice  to  Article  11(3),  the  Contracting  Party  or  the  EC  Member  State 
concerned may not take safeguard measures until one month has elapsed after the date of 
notification  under  paragraph  1,  unless  the  consultation  procedure  under  paragraph  2  has 
been concluded before the expiration of the stated time limit. 

The Contracting Party or the EC Member State concerned shall, without delay, notify the 
measures taken to the Joint Committee and shall provide all relevant information. 

Disclosure of information 

Article 23 

The  representatives,  delegates  and  experts  of  the  Contracting  Parties,  as  well  as  officials 
and  other  servants  acting  under  this  Agreement  shall  be  required,  even  after  their  duties 
have  ceased,  not  to  disclose  information  of  the  kind  covered  by  the  obligation  of 
professional  confidentiality,  in  particular  information  about  undertakings,  their  business 
relations or their cost components. 

Third countries and international organisations 

Article 24 

1. 

The  Contracting  Parties  shall  consult  with  each  other  in  the  framework  of  the  Joint 
Committee at the request of any Contracting Party, in accordance with the procedures laid 
out in Articles 25 and 26. 

(a) 

on air transport questions dealt with in international organisations; and 

(b)  on  the  various  aspects  of  possible  developments  in  relations  between  Contracting 
Parties and third countries in air transport, and on the functioning of the significant 
elements of bilateral or multilateral agreements concluded in this field. 

2. 

The consultations shall be held within one month of the request and as soon as possible in 
urgent cases. 

Article 25 

1. 

The main aims of the consultations provided for in Article 24(a) shall be: 

(a) 

to determine jointly whether the questions raise problems of common interest; and 

(b)  depending upon the nature of such problems: 

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–  to  consider  jointly  whether  the  Contracting  Parties’  action  within  the  international 

organisations concerned should be co-ordinated, or 

–  to consider jointly any other approach which might be appropriate. 

2. 

The Contracting Parties shall as soon as possible exchange any information of relevance to 
the aims described in paragraph 1. 

Article 26 

The main aims of the consultations provided for in Article 24(1)(b) shall be to examine the 
relevant issues and to consider any approach which might be appropriate. 

Transitional arrangements 

Article 27 

1. 

2. 

3. 

4. 

5. 

Protocols  I  to  VIII  establish  the  transitional  arrangements  and  corresponding  periods 
applying  between  the  European  Community  and  the  Associated  Party  concerned.  In  the 
relationship between Norway or Iceland and an Associated Party the same conditions shall 
apply as between the European Community and the Associated Party concerned. 

During  the  transitional  periods  the  relevant  elements  of  the  air  transport  regime  between 
two Associated Parties shall be determined on the basis of the more restrictive of the two 
relevant Protocols. 

The gradual transition of each Associated Party to the full application of the ECAA shall 
be  subject  to  assessments.  The  assessments  shall  be  carried  out  by  the  European 
Community  in  co-operation  with  the  Associated  Party  concerned.  When  an  Associated 
Party is satisfied that the  conditions for completing a transitional period as set out in the 
relevant  Protocol  have  been  fulfilled,  it  shall  inform  the  European  Community  that  an 
assessment should be carried out. 

If the European Community determines that the conditions are fulfilled it shall inform the 
Joint  Committee  and  decide  thereafter  that  the  Associated  Party  concerned  qualifies  for 
passing  to  the  next  transitional  period  or  for  full  inclusion  in  the  European  Common 
Aviation Area as the case may be. 

If  the  European  Community  determines  that  the  conditions  are  not  fulfilled  it  shall  so 
report  to  the  Joint  Committee.  The  European  Community  shall  recommend  to  the 
Associated Party concerned specific improvements and determine an implementing period 
within  which  these  improvements  can  reasonably  be  implemented.  Before  the  end  of  the 
implementing period a second and, if necessary, further assessments shall be made whether 
the recommended improvements have effectively and satisfactorily been implemented. 

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Relationship with bilateral air transport agreements and arrangements 

Article 28 

The provisions of this Agreement shall prevail over the relevant provisions of bilateral air 
transport  agreements and/or arrangements in force between the Associated Parties on the 
one hand and the European Community, an EC Member State, Norway or Iceland on the 
other hand, as well as between Associated Parties. 

Notwithstanding paragraph 1, during the transitional periods referred to in Article 27, the 
provisions  concerning  ownership,  traffic  rights,  capacity,  frequencies,  type  or  change  of 
aircraft, code-sharing and pricing of a bilateral agreement or arrangement in force between 
an  Associated  Party  and  the  European  Community,  an  EC  Member  State,  Norway  or 
Iceland or between two Associated Parties shall apply between the Parties thereto if such 
bilateral  agreement  and/or  arrangement  is  more  flexible,  in  terms  of  freedom  for  the  air 
carriers  concerned,  than  the  provisions  of  the  applicable  Protocol  with  respect  to  the 
Associated Party concerned. 

A  dispute  between  an  Associated  Party  and  another  Contracting  Party  as  to  whether  the 
provisions of the Protocol with respect to the Associated Party concerned or the bilateral 
agreements  and/or  arrangements  are,  in  view  of  the  full  application  of  the  ECAA,  more 
flexible shall be settled in the framework of the dispute settlement mechanism provided for 
in  Article  20  of  this  Agreement.  Disputes  on  how  to  determine  the  relationship  between 
conflicting Protocols shall be settled in the same way. 

Entry into force, review, termination and other provisions 

Article 29 
(Entry into force) 

This Agreement shall be subject to ratification or approval by the signatories in accordance 
with their own procedures. Instruments of ratification or approval shall be deposited with 
the  General  Secretariat  of  the  Council  of  the  European  Union  (depository),  which  shall 
notify all other signatories as well as the International Civil Aviation Organisation. 

This Agreement shall enter into force on the first day of the second month following the 
date of deposit of the instruments of ratification or approval by the European Community 
and  at  least  one  Associated  Party.  For  each  signatory  which  ratifies  or  approves  this 
agreement  after  such  date,  it  shall  enter  into  force  on  the  first  day  of  the  second  month 
following the deposit by such signatory of its instrument of ratification or approval. 

Notwithstanding paragraphs 1 and 2, two or more Contracting Parties, which must include 
the  European  Community  and  at  least  one  Associated  Party,  may  decide  to  apply 
provisionally this Agreement among themselves from the date of signature by notifying the 
depository which shall notify the other Contracting Parties. 

1. 

2. 

3. 

1. 

2. 

3. 

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Article 30 
(Review) 

This Agreement shall be reviewed at the request of any Contracting Party and at any event 
five years after its entry into force. 

Article 31 
(Termination) 

1. 

2. 

3. 

1. 

2. 

Each Contracting Party may denounce the Agreement by notifying the depository, which 
shall  notify  this  termination  to  the  other  Contracting  Parties  as  well  as  the  International 
Civil Aviation Organisation. If the Agreement is denounced by the European Community, 
then it shall cease to be in force one year after the date of notification. If the Agreement is 
denounced by a Contracting Party to this Agreement, then it shall cease to be in force only 
with respect to such Contracting Party one year after the date of notification. However, air 
services operated at the date of expiry of this Agreement may continue until the end of the 
International Air Transport Association (IATA) scheduling season into which that date of 
expiry falls. 

A Contracting Party that has acceded to the European Union shall cease to be treated as a 
Contracting Party from the date of such accession. 

This Agreement shall cease to be in force or be suspended with respect to an Associated 
Party if the corresponding Association Agreement ceases to be in force or is suspended. 

Article 32 
(Enlargement of the ECAA) 

Any  State  or  entity  which  is  prepared  to  make  its  laws  on  air  transport  and  associated 
matters compatible with those of the European Community, and with which the European 
Community has established or is establishing a framework of close economic co-operation, 
such  as  an  Association  Agreement,  can  be  asked  by  the  European  Community  to 
participate in the ECAA. To this end, the Contracting Parties shall amend the Agreement 
accordingly. 

Article 33 
(Gibraltar airport) 

The  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. 

The  application  of  this  Agreement  to  Gibraltar  airport  shall  be  suspended  until  the 
arrangements  in  the  Joint  Declaration  made  by  the  Foreign  Ministers  of  the  Kingdom  of 
Spain and the United Kingdom on December 2 1987 enter into operation. 

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Article 34 

The Annexes and Protocols to this Agreement shall form an integral part thereof. 

Article 35 
(Languages) 

This Agreement is drawn up in a single original in the official languages of the European 
Community  and  of  the  other  Contracting  Parties,  each  of  these  texts  being  equally 
authentic. 

In WITNESS WHEREOF the undersigned plenipotentiaries, being duly authorised thereto, 
have signed this Agreement. 

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ANNEX I Rules applicable to civil aviation 

The “Applicable provisions” of the following acts shall be applicable in accordance with 
the Main Agreement and Annex II on horizontal adaptations unless otherwise specified in 
this  Annex  or  in  Protocols I to VIII thereafter.  Where necessary, specific adaptations for 
each individual act are set out thereafter: 

A. Market access and ancillary issues  

No. 2407/92 

Council Regulation 2407/92 of 23 July 1992 on licensing of air carriers 

Applicable provisions: Articles 1 to 18 and the Annex except for the reference in Article 
13(3) to Article 226 (ex 169) of the EC Treaty  

No. 2408/92 

Council Regulation 2408/92 of 23 July 1992 on access for Community air carriers to intra-
Community air routes 

as amended or adapted by 

•  Article 29 of the Act concerning the conditions of accession of the Republic of Austria, 

the Republic of Finland and the Kingdom of Sweden; 

•  the decision of the Joint Committee No 7/94 of 21 March 1994 amending Protocol 47 

and certain Annexes to the EEA Agreement; 

•  Article 20 of the Act concerning the conditions of accession of the Czech Republic, the 
Republic  of  Estonia,  the  Republic  of  Cyprus,  the  Republic  of  Latvia,  the  Republic  of 
Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the 
Republic  of  Slovenia  and  the  Slovak  Republic  and  the  adjustments  to  the  Treaties  on 
which the European Union is founded 

Applicable provisions: Articles 1 to 15 and Annexes I, II and III 

No. 2409/92 

Council Regulation 2409/92 of 23 July 1992 on fares and rates for air services 

Applicable provisions: Articles 1 to 10 

No. 95/93 

Council Regulation 95/93 of 18 January 1993 on common rules for the allocation of slots 
at Community airports 

as amended by 

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•  Regulation  (EC)  No  894/2002  of  the  European  Parliament  and  of  the  Council  of 
27 May 2002 amending Council Regulation (EEC) No 95/93 on common rules for the 
allocation of slots at Community airports 

•  Regulation  (EC)  No  1554/2003  of  the  European  Parliament  and  of  the  Council  of 
22 July 2003 amending Council Regulation (EEC) No 95/93 on common rules for the 
allocation of slots at Community airports 

•  Regulation  (EC)  No  793/2004  of  the  European  Parliament  and  of  the  Council  of 
21 April 2004 amending Council Regulation (EEC) No 95/93 on common rules for the 
allocation of slots at Community airports 

Applicable provisions: Articles 1 to 12, and 14a(2) 

As  regards  the  application  of  Article  12(2),  the  term  “the  Commission”  shall  read  “the 
Joint Committee”. 

No. 96/67 

Council  Directive  96/67  of  15  October  1996  on  access  to  the  ground  handling  market  at 
Community airports 

Applicable provisions: Articles 1 to 25 and Annex 

As regards the application of Article 10, the term “Member States” shall read “EC Member 
States”. 

As  regards  the  application  of  Article  20(2),  the  term  “the  Commission”  shall  read  “the 
Joint Committee”. 

No. 785/2004 

Regulation  (EC)  No  785/2004  of  the  European  Parliament  and  of  the  Council  of 
21 April 2004 on insurance requirements for air carriers and aircraft operators 

Applicable provisions: Articles 1 to 8, and 10(2) 

B. Air Traffic Management 

No. 549/2004 

Regulation  (EC)  No  549/2004  of  the  European  Parliament  and  of  the  Council  of 
10 March 2004 laying down the framework for the creation of the single European sky (the 
framework Regulation) 

Applicable provisions: Articles 1 to 4, 6, and 9 to 14 

No. 550/2004 

Regulation  (EC)  No  550/2004  of  the  European  Parliament  and  of  the  Council  of 
10 March 2004 on the provision of air navigation services in the single European sky (the 
service provision Regulation) 

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Applicable provisions: Articles 1 to 19, Annexes I and II 

No. 551/2004 

Regulation  (EC)  No  551/2004  of  the  European  Parliament  and  of  the  Council  of 
10 March 2004 on the organisation and use of the airspace in the single European sky (the 
airspace Regulation) 

Applicable provisions: Articles 1 to 11 

No. 552/2004 

Regulation  (EC)  No  552/2004  of  the  European  Parliament  and  of  the  Council  of 
10 March 2004  on  the  interoperability  of  the  European  Air  Traffic  Management  network 
(the interoperability Regulation) 

Applicable provisions: Articles 1 to 12, Annexes I to V 

C. Aviation Safety 

No. 3922/91 

Council  Regulation  3922/91  of  16  December  1991  on  the  harmonisation  of  technical 
requirements and administrative procedures in the field of civil aviation 

as amended by: 

•  Commission Regulation (EC) No 2176/96 of 13 November 1996 amending to scientific 

and technical progress Council Regulation (EEC) No 3922/91 

•  Commission Regulation 1069/1999 of 25 May 1999 adapting to scientific and technical 

progress Council Regulation 3922/91 

•  Commission  Regulation  2871/2000  of  28  December  2000  adapting  to  scientific  and 
technical progress Council Regulation (EEC) 3922/91 on the harmonisation of technical 
requirements and administrative procedures in the field of civil aviation 

•  Regulation  (EC)  No  1592/2002  of  the  European  Parliament  and  of  the  Council  of 
15 July 2002 on common rules in the field of civil aviation and establishing a European 
Aviation Safety Agency 

Applicable provisions: Articles 1 to 10, 12 to13 with the exception of Article 4, paragraph 
1 and Article 8, paragraph 2, second sentence, Annexes I to III 

As regards the application of Article 12, “Member States” shall read “EC Member States”. 

No. 94/56/EC 

Council  Directive  94/56  of  21  November  1994  establishing  the  fundamental  principles 
governing the investigations of civil aviation accidents and incidents 

Applicable provisions: Articles 1 to 12 

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As regards the applications of Articles 9 and 12, the term “the Commission” shall read “all 
other ECAA Contracting Parties”. 

No. 1592/2002 

Regulation (EC) No 1592/2002 of the European Parliament and of the Council of 15 July 
2002 on common rules in the field of civil aviation and establishing a European Aviation 
Safety Agency 

as amended by: 

•  Regulation  (EC)  No  1643/2003  of  the  European  Parliament  and  of  the  Council  of  22 
July  2003  amending  Regulation  (EC)  No  1592/2002  on  common  rules  in  the  field  of 
civil aviation and establishing a European Aviation Safety Agency  

•  Commission Regulation (EC) No 1701/2003 of 24 September 2003 adapting Article 6 

of Regulation (EC) No 1592/2002 

Applicable provisions: Articles 1 to 57, Annexes I and II 

No. 2003/42 

Directive  2003/42/EC  of  the  European  Parliament  and  the  Council  of  13  June  2003  on 
occurrence reporting in civil aviation 

Applicable provisions: Articles 1 to 11, Annexes I and II 

No. 1702/2003 

Commission  Regulation  (EC)  No  1702/2003  of  24  September  2003  laying  down 
implementing  rules  for  the  airworthiness  and  environmental  certification  of  aircraft  and 
related  products,  parts  and  appliances,  as  well  as  for  the  certification  of  design  and 
production organisations  

as amended by: 

•  Commission Regulation (EC) No 381/2005 of 7 March 2005 amending Regulation (EC) 
No 1702/2003 laying down implementing rules for the airworthiness and environmental 
certification  of  aircraft  and  related  products,  parts  and  appliances,  as  well  as  for  the 
certification of design and production organisations 

Applicable provisions: Articles 1 to 4, Annex. The transitional periods referred to in this 
Regulation shall be determined by the Joint Committee.  

No. 2042/2003 

Commission  Regulation  (EC)  No  2042/2003  of  20  November  2003  on  the  continuing 
airworthiness  of  aircraft  and  aeronautical  products,  parts  and  appliances,  and  on  the 
approval of organisations and personnel involved in these tasks  

Applicable provisions: Articles 1 to 6, Annexes I to IV 

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No. 104/2004 

Commission Regulation (EC) No 104/2004 of 22 January 2004 laying down rules on the 
organisation  and  composition  of  the  Board  of  Appeal  of  the  European  Aviation  Safety 
Agency  

Applicable provisions: Articles 1 to 7 and Annex 

No. 488/2005 

Commission  Regulation  (EC)  No  488/2005  of  21  March  2005  on  the  fees  and  charges 
levied by the European Aviation Safety Agency 

No. 2320/2002 

D. Aviation Security  

Regulation  (EC)  No  2320/2002  of  the  European  Parliament  and  of  the  Council  of 
16 December 2002 establishing common rules in the field of civil aviation security 

as amended by: 

•  Regulation  (EC)  No  849/2004  of  the  European  Parliament  and  of  the  Council  of 
29 April 2004 amending Regulation (EC) No 2320/2002 establishing common rules in 
the field of civil aviation security 

Applicable provisions: Articles 1 to 12 and Annex 

No. 622/2003 

Commission Regulation (EC) No 622/2003 of 4 April 2003 laying down measures for the 
implementation of the common basic standards on aviation security 

as amended by: 

•  Commission  Regulation  (EC)  No  68/2004  of  15  January  2004  amending  Commission 
Regulation  (EC)  No  622/2003  laying  down  measures  for  the  implementation  of  the 
common basic standards on aviation security 

•  Commission Regulation (EC) No 781/2005 amending Commission Regulation (EC) No 
622/2003 laying down measures for the implementation of the common basic standards 
on aviation security 

•  Commission  Regulation  (EC)  No  857/2005  of  6  June  2005  amending  Commission 
Regulation  (EC)  No  622/2003  laying  down  measures  for  the  implementation  of  the 
common basic standards on aviation security 

Applicable provisions: Articles 1 to 5 and Annex 

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No. 1217/2003 

Commission  Regulation  (EC)  No  1217/2003  of  4  July  2003  laying  down  common 
specifications for national civil aviation security quality control programmes 

Applicable provisions: Articles 1 to 11, Annexes I and II 

No. 1486/2003 

Commission  Regulation  (EC)  No  1486/2003  of  22  August  2003  laying  down  procedures 
for conducting Commission inspections in the field of civil aviation security 

Applicable provisions: Articles 1 to 16 

No. 1138/2004 

Commission  Regulation  (EC)  No  1138/2004  of  21  June  2004  establishing  a  common 
definition of critical parts of security restricted areas at airports 

Applicable provisions: Articles 1 to 8 

E. Environment  

No. 89/629 

Council  Directive  89/629  of  4  December  1989  on  the  limitation  of  noise  emission  from 
civil subsonic jet aeroplanes. 

Applicable provisions: Articles 1 to 8 

No. 92/14 

Council Directive 92/14 of 2 March 1992 on the limitation of the operation of aeroplanes 
covered by Part II, Chapter 2, Volume 1 of Annex 16 of the Convention of International 
Civil Aviation, second edition (1988) 

as amended by: 

•  Council  Directive  98/20/EC  of  30  March  1998  amending  Directive  92/14/EEC  on  the 
limitation  of  the  operation  of  aeroplanes  covered  by  Part  II,  Chapter  2,  Volume  1  of 
Annex 16 to the Convention on International Civil Aviation, second edition (1988)  

•  Commission  Directive  1999/28/EC  of  21  April  1999  amending  the  Annex  to  Council 
Directive 92/14/EEC on the limitation of the operation of aeroplanes covered by Part II, 
Chapter  2,  Volume  1  of  Annex  16  to  the  Convention  on  International  Civil  Aviation, 
second edition (1988) 

•  Commission  Regulation  (EC)  No  991/2001  of  21  May  2001  amending  the  Annex  to 
Council  Directive  92/14/EEC  on  the  limitation  of  the  operation  of  aeroplanes  covered 
by Part II, Chapter 2, Volume 1 of Annex 16 to the Convention on International Civil 
Aviation, second edition (1988) 

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Applicable provisions: Articles 1 to 11 and Annex 

No. 2002/30 

Directive 2002/30/EC of the European Parliament and of the Council of 26 March 2002 on 
the establishment of rules and procedures with regard to the introduction of noise-related 
operating restrictions at Community airports 

Applicable provisions: Articles 1 to 15, Annexes I and II 

No. 2002/49 

Directive  2002/49/EC  of  the  European  Parliament  and  of  the  Council  of  25  June  2002 
relating to the assessment and management of environmental noise 

Applicable provisions: Articles 1 to 16, Annexes I to IV 

F. Social Aspects  

No. 1989/391 

Council  Directive  89/391/EEC  of  12  June  1989  on  the  introduction  of  measures  to 
encourage improvements in the safety and health of workers at work 

Applicable provisions: Articles 1 to 16, and 18-19 

No. 2003/88 

Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 
concerning certain aspects of the organization of working time 

Applicable provisions: Articles 1 to 19, 21 to 24 and 26 to 29 

No. 2000/79 

Council Directive 2000/79 of 27 November 2000 concerning the European agreement on 
the  organisation  of  working  time  of  mobile  workers  in  civil  aviation  concluded  by  the 
Association  of  European  Airlines  (AEA),  the  European  Transport  Workers'  Federation 
(ETF),  the  European  Cockpit  Association  (ECA),  the  European  Regions  Airline 
Association (ERA) and the International Air Carrier Association (IACA) 

Applicable provisions: Articles 1 to 5 

G. Consumer protection  

No. 90/314 

Council  Directive  90/314  of  13  June  1990  on  package  travel,  package  holidays  and 
package tours 

Applicable provisions: Articles 1 to 10 

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No. 92/59 

Council Directive 92/59 of 29 June 1992 on general product safety 

Applicable provisions: Articles 1 to 19 

No. 93/13 

Council Directive 93/13 of 5 April 1993 on unfair terms in consumer contracts 

Applicable provisions: Articles 1 to 10 and Annex 

As regards the application of Article 10, the term “the Commission” shall read “all other 
ECAA Contracting Parties”. 

No. 95/46 

Directive 95/46 of the European Parliament and of the Council of 24 October 1995 on the 
protection  of  individuals  with  regard  to  the  processing  of  personal  data  and  on  the  free 
movement of such data 

Applicable provisions: Articles 1 to 34 

No. 2027/97 

Council  Regulation  2027/97  of  9  October  1997  on  air  carrier  liability  in  the  event  of 
accidents 

as amended by: 

•  Regulation  (EC)  No  889/2002  of  the  European  Parliament  and  of  the  Council  of 
13 May 2002 amending Council Regulation (EC) No 2027/97 on air carrier liability in 
the event of accidents 

Applicable provisions: Articles 1 to 8 

No. 261/2004 

Regulation  (EC)  No  261/2004  of  the  European  Parliament  and  of  the  Council  of 
11 February  2004  establishing  common  rules  on  compensation  and  assistance  to 
passengers in the event of denied boarding and of cancellation or long delay of flights, and 
repealing Regulation (EEC) No 295/91 

Applicable provisions: Articles 1 to 17 

H. Other legislation  

No. 2299/1989  

Council  Regulation  No  2299/1989  of  24  July  1989  introducing  a  code  of  conduct  for 
computer reservation systems 

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as amended by: 

•  Council Regulation (EEC) No 3089/93 of 29 October 1993 amending Regulation (EEC) 

No 2299/89 on a code of conduct for computerized reservation systems  

•  Council Regulation (EC) No 323/1999 of 8 February 1999 amending Regulation (EEC) 

No 2299/89 on a code of conduct for computer reservation systems (CRSs) 

Applicable provisions: Articles 1 to 22 and Annex 

No. 91/670 

Council  Directive  No  91/670  of  16  December  1991  on  mutual  acceptance  of  personnel 
licences for the exercise of functions in civil aviation 

Applicable provisions: Articles 1 to 8 and Annex 

No. 3925/91 

Council Regulation (EEC) No 3925/91 of 19 December 1991 concerning the elimination of 
controls  and  formalities  applicable  to  the  cabin  and  hold  baggage  of  persons  taking  an 
intra-Community  flight  and  the  baggage  of  persons  making  an  intra-Community  sea 
crossing 

Applicable provisions: Articles 1 to 5 

No. 437/2003 

Regulation  (EC)  No  437/2003  of  the  European  Parliament  and  of  the  Council  of 
27 February 2003 on statistical returns in respect of the carriage of passengers, freight and 
mail by air 

as amended by: 

•  Commission Regulation (EC) No 1358/2003 of 31 July 2003 implementing Regulation 
(EC) No 437/2003 of the European Parliament and of the Council on statistical returns 
in respect of the carriage of passengers, freight and mail by air and amending Annexes I 
and II thereto 

Applicable provisions: Articles 1 to 11, Annexes I and II 

No. 1358/2003 

Commission  Regulation  (EC)  No  1358/2003  of  31  July  2003  implementing  Regulation 
(EC) No 437/2003 of the European Parliament and of the Council on statistical returns in 
respect of the carriage of passengers, freight and mail by air and amending Annexes I and 
II thereto 

Applicable provisions: Articles 1 to 4, Annexes I to III 

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No. 2003/96  

Council  Directive  2003/96/EC  of  27  October  2003  restructuring  the  Community 
framework for the taxation of energy products and electricity 

Applicable provisions: Article 14, paragraphs 1(b) and2 

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ANNEX II Horizontal adaptations  

The  provisions  of  the  acts  specified  in  Annex  I  to  the  Agreement  shall  be  applicable  in 
accordance with the Agreement and this Annex, unless otherwise provided in Annex I. The 
specific adaptations necessary for individual acts are set out in Annex I. 

1. 

INTRODUCTORY PARTS OF THE ACTS 

The  preambles  of  the  acts  specified  are  not  adapted  for  the  purposes  of  the  Agreement. 
They  are  relevant  to  the  extent  necessary  for  the  proper  interpretation  and  application, 
within the framework of the Agreement, of the provisions contained in such acts. 

2. 

SPECIFIC TERMINOLOGY OF THE ACTS 

a) 

b) 

c) 

d) 

e) 

3. 

The following terms used by the acts specified in Annex I to this Agreement shall read as 
follows: 

the term “Community” shall read “European Common Aviation Area”; 

the  terms  “Community  law  ”,  “Community  legislation”,  “Community  instruments”  and 
“EC Treaty” shall read “ECAA Agreement”; 

the  term  “Community  airport”  shall  read  “airports  located  in  the  European  Common 
Aviation Area”; 

the  term  “Official  Journal  of  the  European  Communities”  shall  read  “Official  Journal  of 
the Contracting Parties” 

the term "Community air carrier" shall read "ECAA air carrier"; 

REFERENCES TO MEMBER STATES 

Without  prejudice  to  paragraph  4,  whenever  acts  specified  in  Annex  I  to  this  Agreement 
contain  references  to  “Member  State(s)”,  the  references  shall  be  understood  to  include, 
apart from the Member States of the EC Community, also the ECAA Partners. 

4. 

PROVISIONS  ON  EC  COMMITTEES  AND  CONSULTATION  OF  THE 
ASSOCIATED PARTIES  

Experts  of  the  Associated  Parties  shall  be  consulted  by  the  European  Commission  and 
given  the  opportunity  to  submit  their  advice  each  time  the  acts  specified  provide  for  the 
consultation  by  the  European  Commission  of  European  Community  Committees  and  for 
the opportunity to submit their advise or opinion. 

Each consultation shall consist of one meeting chaired by the European Commission and 
shall take place within the Joint Committee at the invitation of the European Commission 
prior to the consultation of the relevant European Community Committee. The  European 

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Commission shall provide to each Associated Party at least two weeks in advance of the 
meeting, unless specific circumstance require a shorter notice, all necessary information. 

The Associated Parties shall be invited to submit their views to the European Commission. 
The  European  Commission  shall  take  due  account  of  the  advice  delivered  by  the 
Associated Parties. 

The above provisions shall not apply for the application of competition rules set out in this 
Agreement which shall be governed by the specific consultation procedures set out under 
Annex IV. 

5. 

CO-OPERATION AND EXCHANGE OF INFORMATION 

To  facilitate  the  exercise  of  the  relevant  powers  of  the  competent  authorities  of  the 
Contracting  Parties,  the  competent  authorities  shall  upon  request  mutually  exchange  all 
information necessary for the proper functioning of this Agreement.  

6. 

REFERENCE TO LANGUAGES 

The Contracting Parties shall be entitled to use, in the procedures established in the ambit 
of  the  Agreement  and  without  prejudice  to  Annex  IV,  any  official  language  of  the 
European Community or of another Contracting Party. The Contracting Parties are aware, 
however, that the utilisation of the English language shall facilitate those procedures. If a 
language  is  used  in  an  official  document,  which  is  not  an  official  language  of  European 
Community,  a  translation  into  an  official  language  of  the  European  Community  shall  be 
simultaneously submitted, taking into account the provision of the preceding sentence. If a 
Contracting  Party  intends  to  use,  in  an  oral  procedure,  a  language  that  is  not  an  official 
language  of  the  European  Community,  that  Contracting  Party  shall  ensure  simultaneous 
interpretation into the language referred to in the second sentence of this paragraph. 

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ANNEX III Rules on competition and state aid referred to in Article 14 

Article 1 - State monopolies 

An  Associated  Party  shall  progressively  adjust  any  State  monopolies  of  a  commercial 
character so as to ensure that, by the end of the second period referred to in the Protocol to 
this  Agreement  which  contains  the  transitional  measures  with  regard  to  this  Associated 
Party,  no  discrimination  regarding  the  conditions  under  which  goods  are  procured  and 
marketed exists between nationals of the Contracting Parties. The Joint Committee shall be 
informed about the measures adopted to attain this objective. 

Article 2 - Approximation of state aid and competition legislation 

1. 

2. 

The  Contracting  Parties  recognise  the  importance  of  the  approximation  of  the  existing 
legislation  on  State  aid  and  competition  of  the  Associated  Party  to  that  of  the  European 
Community.  The  Associated  Party  shall  endeavour  to  ensure  that  its  existing  and  future 
laws on state aid and competition shall be gradually made compatible with the European 
Community acquis. 

This  approximation  shall  start  upon  the  entry  into  force  of  the  Agreement,  and  shall 
gradually extend to all the elements of the European Community state aid and competition 
provisions  referred  to  in  this  Annex  by  the  end  of  the  second  period  referred  to  in  the 
Protocol  to  this  Agreement  which  contains  the  transitional  measures  with  regard  to  this 
Associated Party. The Associated Party shall also define, in agreement with the European 
Commission, the modalities for the monitoring of the implementation of approximation of 
legislation and law enforcement actions to be taken. 

Article 3 - Competition and other economic provisions 

1. 

The following practices are incompatible with the proper functioning of the Agreement, in 
so far as they may affect trade between two or more Contracting Parties: 

(i) 

all agreements between undertakings, decisions by associations of undertakings and 
concerted  practices  between  undertakings  which  have  as  their  object  or  effect  the 
prevention, restriction or distortion of competition; 

(ii) 

abuse  by  one  or  more  undertakings  of  a  dominant  position  in  the  territories  of  the 
Contracting Parties as a whole or in a substantial part thereof; 

(iii)  any State aid which distorts or threatens to distort competition by favouring certain 

undertakings or certain products. 

2. 

Any practices contrary to this Article shall be assessed on the basis of criteria arising from 
the  application  of  the  competition  rules  applicable  in  the  European  Community,  in 
particular  from  Articles  81,  82,  86  and  87  of  the  Treaty  establishing  the  European 
Community  and  interpretative  instruments  adopted  by  the  European  Community 
institutions. 

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3. 

4. 

5. 

6. 

7. 

8. 

9. 

Each  Associated  Party  shall  ensure  that  an  operationally  independent  public  body  is 
entrusted with the powers necessary for the full application of paragraph 1 (i) and (ii) of 
this  article,  regarding  private  and  public  undertakings  and  undertakings  to  which  special 
rights have been granted. 

Each Associated Party shall designate or establish an operationally independent authority 
which is entrusted with the powers necessary for the full application of paragraph 1 (iii) of 
this Article. This authority shall have, inter alia, the powers to authorise State aid schemes 
and  individual  aid  grants  in  conformity  with  paragraph  2  of  this  Article,  as  well  as  the 
powers to order the recovery of State aid that has been unlawfully granted. 

Each  Contracting  Party  shall  ensure  transparency  in  the  area  of  State  aid,  inter  alia,  by 
providing to the other Contracting Parties a regular annual report, or equivalent, following 
the  methodology  and  the  presentation  of  the  European  Community  survey  on  State  aid. 
Upon request by a Contracting Party, another Contracting Party shall provide information 
on particular individual cases of public aid. 

An  Associated  Party  shall  establish  a  comprehensive  inventory  of  aid  schemes  instituted 
before the establishment of the authority referred to in paragraph 4 and shall align such aid 
schemes with the criteria referred to in paragraph 2 of this Article. 

(a)  For  the  purposes  of  applying  the  provisions  of  paragraph  1(iii),  the  Contracting 
Parties recognise that during the periods referred to in the Protocol to this Agreement 
which  contains  the  transitional  measures  with  regard  to  an  Associated  Party,  any 
public aid granted by this Associated Party shall be assessed taking into account that 
that  Associated  Party  shall  be  regarded  as  an  area  identical  to  those  areas  of  the 
European  Community  described  in  Article  87(3)(a)  of  the  Treaty  establishing  the 
European Community. 

(b)  By  the  end  of  the  first  period  referred  to  in  the  Protocol  to  this  Agreement  which 
contains the transitional measures with regard to an Associated Party, this Party shall 
submit to the European Commission its GDP per capita figures harmonised at NUTS 
II level. The authority referred to in paragraph 4 and the European Commission shall 
then jointly evaluate the eligibility of the regions of the Associated Party as well as 
the maximum aid intensities in relation thereto in order to draw up the regional aid 
map on the basis of the relevant European Community guidelines. 

If  one  of  the  Contracting  Parties  considers  that  a  particular practice  is  incompatible  with 
the terms of paragraph 1 of this Article, it may take appropriate measures after consultation 
within  the  Joint  Committee  or  after  thirty  working  days  following  referral  for  such 
consultation. 

The  Contracting  Parties  shall  exchange  information  taking  into  account  the  limitations 
imposed by the requirements of professional and business confidentiality. 

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1. 

2. 

1. 

2. 

ANNEX IV. Referrals to the Court of Justice of the European Communities 

1. General principles relating to Article 16 of the Agreement 

The  procedures  established  by  the  Court  of  Justice  of  the  European  Communities  for 
referrals  for  preliminary  rulings  within  the  European  Community  shall  apply,  as  far  as 
appropriate. Further to the preliminary ruling, the court or tribunal of the Contracting Party 
shall apply the interpretation ruled by the Court of Justice of the European Communities. 

Contracting  Parties  shall  have,  within  the  ambit  of  this  Agreement,  the  same  rights  to 
submit  observations  to  the  Court  of  Justice  of  the  European  Communities  as  the  EC 
Member States. 

2. Extent and modalities of the procedure established in Article 16(2) 

When, in accordance with the second sentence of Article 16(2), a Contracting Party adopts 
a decision on the extent and modalities of referrals to the Court of Justice of the European 
Communities, that decision shall specify that either: 

(a) 

(b) 

any  court  or  tribunal  of  that  Contracting  Party  against  whose  decisions  there  is  no 
judicial remedy under national law shall request the Court of Justice of the European 
Communities  to  give  a  preliminary  ruling  on  a  question  raised  in  a  case  pending 
before it and concerning the validity or interpretation of an act referred to in Article 
16(2) if that court or tribunal considers that a decision on the question is necessary to 
enable it to give a judgement, or 

any court or tribunal of that Contracting Party may request the Court of Justice of the 
European Communities to give a preliminary ruling on a question raised before it and 
concerning the validity or interpretation of an act referred to in Article 16(2) if that 
court or tribunal considers that a decision on the question is necessary to enable it to 
give a judgement, or 

(c) 

a combination of both. 

The modalities of application of Article 16(2) shall be based on the principles enshrined in 
the  legal  provisions  governing  the  functioning  of  the  Court  of  Justice  of  the  European 
Communities, including the relevant provisions of the EC Treaty, the Statute and the Rules 
of Procedure of the Court of Justice of the European Communities, as well as the case law 
of  the  latter.  In  the  event  that  it  takes  a  decision  on  the  modalities  of  application  of  this 
provision,  the  Contracting  Party  shall  also  take  into  consideration  the  practical  guidance 
released by the Court of Justice of the European Communities in the Information Notice on 
references by national courts for preliminary rulings. 

3. Referrals according to Article 20(3) of the Agreement 

Disputes  submitted  to  the  Court  of  Justice  of  the  European  Communities  according  to 
Article 20(3) of the Agreement shall be treated by the latter in the same manner as those 
submitted to it in accordance with Article 239 of the EC Treaty. 

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4. Referrals to the Court of Justice of the EuropeanCommunities and languages 

The  Contracting  Parties  shall  be  entitled  to  use,  in  the  procedures  before  the  Court  of 
Justice  of  the  European  Communities  established  in  the  ambit  of  the  Agreement,  any 
official  language  of  the  European  Community  or  of  another  Contracting  Party.  If  a 
language is used in an official document, a translation into French shall be simultaneously 
submitted. If a Contracting Party intends to use, in an oral procedure, a language that is not 
an  official  language  of  the  European  Community,  the  Contracting  Party  shall  ensure 
simultaneous  interpretation  into  the  language  referred  to  in  the  second  sentence  of  this 
paragraph. 

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Protocol I 

Transitional arrangements between the European Community and 

the Republic of Albania 

Article 1 

Transitional periods 

(1) 

(2) 

The first transitional period shall extend from the entry into force of this Agreement until 
all  conditions  set  out  in  Article  2(1)  have  been  fulfilled  by  the  Republic  of  Albania, 
hereinafter  referred  to  as  “Albania”,  as  verified  by  an  assessment  carried  out  by  the 
European Community. 

The second transitional period shall extend from the end of the first transitional period until 
all  conditions  set  out  in  Article  2(2)  have  been  fulfilled  by  Albania  as  verified  by  an 
assessment carried out by the European Community.  

Article 2 

Conditions relating to transition 

(1) 

By the end of the first transitional period Albania shall  

i. 

ii. 

iii. 

iv. 

v. 

vi. 

be a full member of the Joint Aviation Authorities and shall endeavour to implement 
all the aviation safety legislation as provided in Annex I to this Agreement; 

apply ECAC Document 30 and shall endeavour to implement all the aviation security 
legislation as provided in Annex I to this Agreement; 

apply  Regulation  3925/91  (on  elimination  of  controls  applicable  to  cabin  and  hold 
baggage),  Regulation  2409/92  (on  fares  and  rates  for  air  services),  Directive  94/56 
(on accident investigation), Regulation 2027/97 (on air carrier liability in the event of 
accidents),  Directive  2003/42  (on  occurrence  reporting),  Regulation  261/2004  (on 
denied  boarding),  Directive  2000/79  (on  working  time  in  civil  aviation)  and 
Directive 2003/88 (on working time) as provided in Annex I to this Agreement; 

separate the air traffic service provider and the national regulatory body, establish a 
national  supervisory  body  for  air  traffic  services,  start  the  reorganisation  of  its 
airspace into a functional block or blocks, and apply flexible use of airspace; 

ratify the Convention for the Unification of Certain Rules for International Carriage 
by Air (the Montreal Convention); 

have made sufficient progress in implementing the rules on state aid and competition 
included in an agreement referred to in Article 14(1) of this Agreement or in Annex 
III to this Agreement, whichever is applicable. 

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(2) 

By the end of the second transitional period Albania shall apply this Agreement including 
all the legislation set out in Annex I to this Agreement.  

Article 3 

Transitional arrangements 

(1) 

Notwithstanding Article 1(1) of this Agreement, 

(a)  During the first transitional period: 

i. 

Community air carriers and air carriers licensed by Albania shall be permitted 
to exercise unlimited traffic rights between any point in Albania and any point 
in an EC Member State;  

ii.  Community  air  carriers  shall  not  be  majority  owned  or  effectively  controlled 
by  Albania  or  its  nationals  and  air  carriers  licensed  by  Albania  shall  not  be 
majority  owned  or  effectively  controlled  by  EC  Member  States  or  their 
nationals. 

(b)  During the second transitional period: 

i. 

Community air carriers and air carriers licensed by Albania shall be permitted 
to exercise the traffic rights provided for in paragraph (1) (a) i.; 

ii.  Community  air  carriers  shall  be  permitted  to  exercise  unlimited  traffic  rights 
between points in Albania and other Associated Parties and shall be permitted 
to change, at any point, from one aircraft to one other aircraft provided that the 
flight is a part of a service that serves a point in an EC Member State; 

iii. 

air carriers licensed by Albania shall be permitted to exercise unlimited traffic 
rights between points in different EC Member States and shall be permitted to 
change,  at  any  point,  from  one  aircraft to  one  other  aircraft  provided  that  the 
flight is a part of a service that serves a point in Albania. 

(2) 

(3) 

For the purpose of this Article, “Community air carrier” shall mean an air carrier licensed 
by an EC Member State, Norway or Iceland. 

Articles 7 and 8 of this Agreement shall not apply until the end of the second transitional 
period,  without  prejudice  to  the  obligation  of  Albania  and  of  the  Community  to  grant 
operating  licences  in  accordance  with  the  acts  specified  in  Annex  I  to  this  Agreement, 
respectively,  carriers  which  are  majority  owned  or  effectively  controlled  by  the  EC 
Member  States  or  their  nationals  and  carriers  which  are  majority  owned  or  effectively 
controlled by Albania or its nationals from the end of the first transitional period. 

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Article 4 

Aviation safety  

(1) 

(2) 

(3) 

(1) 

(2) 

At the start of the first transitional period Albania shall be involved as observer in the work 
of the European Aviation Safety Agency. 

At the end of the second transitional period the Joint Committee established under Art. 18 
of this Agreement shall determine the precise status and conditions for the participation of 
Albania in the European Aviation Safety Agency.  

Until  the  end  of  the  second  transitional  period,  if  safety  deficiencies  are  identified  the 
European  Community  may  require  that  the  permission  for  an  air  carrier  licensed  by 
Albania  to  operate  on  air  routes  to,  from  or  within  the  European  Community  be  made 
subject  to  a  specific  safety  assessment.  Such  assessment  shall  be  made  by  the  European 
Community  expeditiously  in  order  to  avoid  any  undue  delay  in  the  exercise  of  traffic 
rights. 

Article 5 

Aviation security 

At the start of the second transitional period the confidential part of the security legislation 
as  provided  in  Annex  I  to  this  Agreement  shall  be  made  available  to  the  appropriate 
authority of Albania.  

Until  the  end  of  the  second  transitional  period,  if  security  deficiencies  are  identified  the 
European  Community  may  require  that  the  permission  for  an  air  carrier  licensed  by 
Albania  to  operate  on  air  routes  to,  from  or  within  the  European  Community  be  made 
subject to a specific security assessment. Such assessment shall be made by the European 
Community  expeditiously  in  order  to  avoid  any  undue  delay  in  the  exercise  of  traffic 
rights. 

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Protocol II 

Transitional arrangements between the European Community and  

Bosnia and Herzegovina 

Article 1 

Transitional periods 

(1) 

(2) 

The first transitional period shall extend from the entry into force of this Agreement until 
all  conditions  set  out  in  Article  2(1)  have  been  fulfilled  by  Bosnia  and  Herzegovina  as 
verified by an assessment carried out by the European Community. 

The second transitional period shall extend from the end of the first transitional period until 
all  conditions  set  out  in  Article  2(2)  have  been  fulfilled  by  Bosnia  and  Herzegovina  as 
verified by an assessment carried out by the European Community. 

Article 2 

Conditions relating to transition 

(1) 

By the end of the first transitional period Bosnia and Herzegovina shall  

i. 

ii. 

iii. 

iv. 

v. 

be a full member of the Joint Aviation Authorities and shall endeavour to implement 
all the aviation safety legislation as provided in Annex I to this Agreement; 

apply ECAC Document 30 and shall endeavour to implement all the aviation security 
legislation as provided in Annex I to this Agreement; 

apply  Regulation  3925/91  (on  elimination  of  controls  applicable  to  cabin  and  hold 
baggage),  Regulation  2409/92  (on  fares  and  rates  for  air  services),  Directive  94/56 
(on  accident  investigation),  Directive  96/67  (on  ground  handling),  Regulation 
2027/97  (on  air  carrier  liability  in  the  event  of  accidents),  Directive  2003/42  (on 
occurrence reporting), Regulation 261/2004 (on denied boarding), Directive 2000/79 
(on  working  time  in  civil  aviation)  and  Directive  2003/88  (on  working  time)  as 
provided in Annex I to this Agreement; 

ratify the Convention for the Unification of Certain Rules for International Carriage 
by Air (the Montreal Convention); 

have made sufficient progress in implementing the rules on state aid and competition 
included in an agreement referred to in Article 14(1) of this Agreement or in Annex 
III to this Agreement, whichever is applicable. 

(2) 

By the end of the second transitional period Bosnia and Herzegovina shall  

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i. 

ii. 

separate the air traffic service provider and the national regulatory body, establish a 
national  supervisory  body  for  air  traffic  services,  start  the  reorganisation  of  its 
airspace into a functional block or blocks, and apply flexible use of airspace; 

apply  this  Agreement  including  all  the  legislation  set  out  in  Annex  I  to  this 
Agreement. 

Article 3 

Transitional arrangements 

(1) 

Notwithstanding Article 1(1) of this Agreement, 

(a)  During the first transitional period: 

i. 

Community  air  carriers  and  air  carriers  licensed  by  Bosnia  and  Herzegovina 
shall  be  permitted  to  exercise  unlimited  traffic  rights  between  any  point  in 
Bosnia and Herzegovina and any point in an EC Member State;  

ii.  Community  air  carriers  shall  not  be  majority  owned  or  effectively  controlled 
by Bosnia and Herzegovina or its nationals and air carriers licensed by Bosnia 
and Herzegovina shall not be majority owned or effectively controlled by EC 
Member States or their nationals. 

(b)  During the second transitional period: 

i. 

Community  air  carriers  and  air  carriers  licensed  by  Bosnia  and  Herzegovina 
shall be permitted to exercise the traffic rights provided for in paragraph (1) (a) 
i.; 

ii.  Community  air  carriers  shall  be  permitted  to  exercise  unlimited  traffic  rights 
between  points  in  Bosnia  and  Herzegovina  and  other  Associated  Parties  and 
shall  be  permitted  to  change,  at  any  point,  from  one  aircraft  to  one  other 
aircraft provided that the flight is a part of a service that serves a point in an EC 
Member State; 

iii. 

air carriers licensed by Bosnia and Herzegovina shall be permitted to exercise 
unlimited traffic rights between points in different EC Member States and shall 
be  permitted  to  change,  at  any  point,  from  one  aircraft  to  one  other  aircraft 
provided that the flight is a part of a service that serves a point in Bosnia and 
Herzegovina. 

(2) 

(3) 

For the purpose of this Article, “Community air carrier” shall mean an air carrier licensed 
by an EC Member State, Norway or Iceland. 

Articles 7 and 8 of this Agreement shall not apply until the end of the second transitional 
period,  without  prejudice  to  the  obligation  of  Bosnia  and  Herzegovina  and  of  the 
Community to grant operating licences in accordance with the acts specified in Annex I to 
this Agreement,  respectively, carriers which are majority  owned  or effectively  controlled 
by  the  EC  Member  States  or  their  nationals  and  carriers  which  are  majority  owned  or 

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effectively controlled by Bosnia and Herzegovina or its nationals from the end of the first 
transitional period. 

Article 4 

Aviation safety  

(1) 

(2) 

(3) 

(1) 

(2) 

At  the  start  of  the  first  transitional  period  Bosnia  and  Herzegovina  shall  be  involved  as 
observer in the work of the European Aviation Safety Agency. 

At the end of the second transitional period the Joint Committee established under Art. 18 
of this Agreement shall determine the precise status and conditions for the participation of 
Bosnia and Herzegovina in the European Aviation Safety Agency.  

Until  the  end  of  the  second  transitional  period,  if  safety  deficiencies  are  identified  the 
European Community may require that the permission for an air carrier licensed by Bosnia 
and Herzegovina to operate on air routes to, from or within the European Community be 
made  subject  to  a  specific  safety  assessment.  Such  assessment  shall  be  made  by  the 
European Community  expeditiously in  order  to avoid any undue delay in the exercise of 
traffic rights. 

Article 5 

Aviation security 

At the start of the second transitional period the confidential part of the security legislation 
as  provided  in  Annex  I  to  this  Agreement  shall  be  made  available  to  the  appropriate 
authority of Bosnia and Herzegovina.  

Until  the  end  of  the  second  transitional  period,  if  security  deficiencies  are  identified  the 
European Community may require that the permission for an air carrier licensed by Bosnia 
and Herzegovina to operate on air routes to, from or within the European Community be 
made  subject  to  a  specific  security  assessment.  Such  assessment  shall  be  made  by  the 
European Community  expeditiously  in  order to avoid any undue delay in the exercise of 
traffic rights. 

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Protocol III 

Transitional arrangements between the European Community and  

the Republic of Bulgaria 

Article 1 

Transitional period 

(1) 

The  transitional  period  shall  extend  from  the  entry  into  force  of  this  Agreement  until  all 
conditions set out in Article 2 have been fulfilled by the Republic of Bulgaria, hereinafter 
referred  to  as  “Bulgaria”,  as  verified  by  an  assessment  carried  out  by  the  European 
Community, and not later than Bulgaria’s accession to the European Community.  

(2) 

References  to  the  “second  transitional  period”  in  this  Agreement  or  in  its  Annexes  shall 
mean in the case of Bulgaria the transitional period under paragraph 1 of this Article. 

Article 2 

Conditions relating to transition 

By the end of the transitional period Bulgaria shall apply this Agreement including all the 
legislation  set  out  in  Annex  I  to  this  Agreement  as  provided  for  in  Article  3  of  this 
Agreement..  

Article 3 

Transitional arrangements 

(1) 

Notwithstanding Article 1(1) of this Agreement, 

(a)  During the transitional period: 

i. 

Community air carriers and air carriers licensed by Bulgaria shall be permitted 
to exercise unlimited traffic rights between any point in Bulgaria and any point 
in an EC Member State; 

ii.  Community  air  carriers  shall  be  permitted  to  exercise  unlimited  traffic  rights 
between points in Bulgaria and other Associated Parties and shall be permitted 
to change, at any point, from one aircraft to one other aircraft provided that the 
flight is a part of a service that serves a point in an EC Member State; 

iii. 

air carriers licensed by Bulgaria shall be permitted to exercise unlimited traffic 
rights between points in different EC Member States and shall be permitted to 
change,  at  any  point,  from  one  aircraft to  one  other  aircraft  provided  that  the 
flight is a part of a service that serves a point in Bulgaria. 

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(2) 

(3) 

(1) 

(2) 

For the purpose of this Article, “Community air carrier” shall mean an air carrier licensed 
by an EC Member State, Norway or Iceland. 

Articles 7 and 8 of this Agreement shall not apply until the end of the transitional period, 
without  prejudice  to  the  obligation  of  Bulgaria  and  of  the  Community  to  grant  operating 
licences in accordance with the acts specified in Annex I to this Agreement, respectively, 
carriers  which  are  majority  owned  or  effectively  controlled  by  the  EC  Member  States  or 
their nationals and carriers which are majority owned or effectively controlled by Bulgaria 
or its nationals from the end of the first transitional period. 

Article 4 

Aviation safety  

At the end of the transitional period the Joint Committee established under Art. 18 of this 
Agreement  shall  determine  the  precise  status  and  conditions  for  the  participation  of 
Bulgaria in the European Aviation Safety Agency.  

Until  the  end  of  the  transitional  period,  if  safety  deficiencies  are  identified  the  European 
Community  may  require  that  the  permission  for  an  air  carrier  licensed  by  Bulgaria  to 
operate  on  air  routes  to,  from  or  within  the  European  Community  be  made  subject  to  a 
specific  safety  assessment.  Such  assessment  shall  be  made  by  the  European  Community 
expeditiously in order to avoid any undue delay in the exercise of traffic rights. 

Article 5 

Aviation security 

Until the end of the transitional period, if security deficiencies are identified the European 
Community  may  require  that  the  permission  for  an  air  carrier  licensed  by  Bulgaria  to 
operate  on  air  routes  to,  from  or  within  the  European  Community  be  made  subject  to  a 
specific security assessment. Such assessment shall be made by the European Community 
expeditiously in order to avoid any undue delay in the exercise of traffic rights. 

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Protocol IV 

Transitional arrangements between the European Community and  

the Republic of Croatia 

Article 1 

Transitional periods 

(1) 

(2) 

The first transitional period shall extend from the entry into force of this Agreement until 
all  conditions  set  out  in  Article  2(1)  have  been  fulfilled  by  the  Republic  of  Croatia, 
hereinafter  referred  to  as  “Croatia”,  as  verified  by  an  assessment  carried  out  by  the 
European Community. 

The second transitional period shall extend from the end of the first transitional period until 
all  conditions  set  out  in  Article  2(2)  have  been  fulfilled  by  Croatia  as  verified  by  an 
assessment carried out by the European Community. 

Article 2 

Conditions relating to transition 

(1) 

By the end of the first transitional period Croatia shall  

i. 

ii. 

iii. 

be  a  full  member  of  the  Joint  Aviation  Authorities  and  shall  endeavour  to 
implement  all  the  aviation  safety  legislation  as  provided  in  Annex  I  to  this 
Agreement; 

apply ECAC Document  30  and shall endeavour to  implement all  the aviation 
security legislation as provided in Annex I to this Agreement; 

apply  Regulation  3925/91  (on  the  elimination  of  controls  applicable  to  cabin 
and  hold  baggage),  Regulation  2409/92  (on  fares  and  rates  for  air  services), 
Directive  94/56  (on  accident  investigation),  Directive  96/67  (on  ground 
handling),  Regulation  2027/97  (on  air  carrier  liability  in  the  event  of 
accidents), Directive 2003/42 (on occurrence reporting), Regulation  261/2004 
(on denied boarding), Directive 2000/79 (on working time in civil aviation) and 
Directive 2003/88 (on working time) as provided in Annex I to this Agreement; 

iv. 

separate  the  air  traffic  service  provider  and  the  national  regulatory  body, 
establish  a  national  supervisory  body  for  air  traffic  services,  start  the 
reorganisation  of  its  airspace  into  a  functional  block  or  blocks,  and  apply 
flexible use of airspace; 

v. 

ratify  the  Convention  for  the  Unification  of  Certain  Rules  for  International 
Carriage by Air (the Montreal Convention); 

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vi. 

have  made  sufficient  progress  in  implementing  the  rules  on  state  aid  and 
competition  included  in  an  agreement  referred  to  in  Article  14(1)  of  this 
Agreement or in Annex III to this Agreement, whichever is applicable. 

(2) 

By the end of the second transitional period Croatia shall apply this Agreement including 
all the legislation set out in Annex I to this Agreement.  

Article 3 

Transitional arrangements 

(1) 

Notwithstanding Article 1(1) of this Agreement, 

(a)  During  the  first  and  the  second  transitional  periods  Community  air  carriers  and  air 
carriers  licensed  by  Croatia  shall  be  permitted  to  exercise  unlimited  traffic  rights 
between any point in Croatia and any point in an EC Member State. 

(b)  During the second transitional period: 

i. 

Community air carriers and air carriers licensed by Croatia shall be permitted 
to exercise the traffic rights provided for in paragraph (1) (a); 

ii.  Community  air  carriers  shall  be  permitted  to  exercise  unlimited  traffic  rights 
between points in Croatia and other Associated Parties and shall be permitted 
to change, at any point, from one aircraft to one other aircraft provided that the 
flight is a part of a service that serves a point in an EC Member State; 

iii. 

air carriers licensed by Croatia shall be permitted to exercise unlimited traffic 
rights between points in different EC Member States and shall be permitted to 
change,  at  any  point,  from  one  aircraft to  one  other  aircraft  provided  that  the 
flight is a part of a service that serves a point in Croatia. 

(2) 

(3) 

(c)  Until  the  end  of  the  second  transitional  period  Community  air  carriers  shall  not  be 
majority  owned or effectively controlled by Croatia or its nationals and air carriers 
licensed  by  Croatia  shall  not  be  majority  owned  or  effectively  controlled  by  EC 
Member States or their nationals. 

For the purpose of this Article, “Community air carrier” shall mean an air carrier licensed 
by an EC Member State, Norway or Iceland. 

Articles 7 and 8 of this Agreement shall not apply until the end of the second transitional 
period,  without  prejudice  to  the  obligation  of  Croatia  and  of  the  Community  to  grant 
operating  licences  in  accordance  with  the  acts  specified  in  Annex  I  to  this  Agreement, 
respectively,  carriers  which  are  majority  owned  or  effectively  controlled  by  the  EC 
Member  States  or  their  nationals  and  carriers  which  are  majority  owned  or  effectively 
controlled by Croatia or its nationals from the end of the first transitional period. 

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Article 4 

Aviation safety  

(1) 

(2) 

(3) 

(1) 

(2) 

At the start of the first transitional period Croatia shall be involved as observer in the work 
of the European Aviation Safety Agency. 

At the end of the second transitional period the Joint Committee established under Art. 18 
of this Agreement shall determine the precise status and conditions for the participation of 
Croatia in the European Aviation Safety Agency.  

Until  the  end  of  the  second  transitional  period,  if  safety  deficiencies  are  identified  the 
European Community may require that the permission for an air carrier licensed by Croatia 
to operate on air routes to, from or within the European Community be made subject to a 
specific  safety  assessment.  Such  assessment  shall  be  made  by  the  European  Community 
expeditiously in order to avoid any undue delay in the exercise of traffic rights. 

Article 5 

Aviation security 

At the start of the second transitional period the confidential part of the security legislation 
as  provided  in  Annex  I  to  this  Agreement  shall  be  made  available  to  the  appropriate 
authority of Croatia. 

Until  the  end  of  the  second  transitional  period,  if  security  deficiencies  are  identified  the 
European Community may require that the permission for an air carrier licensed by Croatia 
to operate on air routes to, from or within the European Community be made subject to a 
specific security assessment. Such assessment shall be made by the European Community 
expeditiously in order to avoid any undue delay in the exercise of traffic rights. 

Article 6 

Statement by Croatia on the entry into force of the ECAA Agreement 

Croatia declares its intention to consider the appropriate time for the entry into force of the 
ECAA Agreement for Croatia due to the Croatian request for short term (until the end of 
the Phase I) and gradual transitional arrangements on market access in terms of capacity. 
This may result in certain postponement of the entry into force of the ECAA Agreement 
until  the  time  strictly  necessary  for  Croatia  to  be  in  a  position  to  fully  implement  all  its 
obligations under the ECAA Agreement including this Protocol. 

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Protocol V 

Transitional arrangements between the European Community and  

the former Yugoslav Republic of Macedonia 

Article 1 

Transitional periods 

(1) 

(2) 

The first transitional period shall extend from the entry into force of this Agreement until 
all conditions set out in Article 2(1) have been fulfilled by the former Yugoslav Republic 
of Macedonia as verified by an assessment carried out by the European Community.  

The second transitional period shall extend from the end of the first transitional period until 
all conditions set out in Article 2(2) have been fulfilled by the former Yugoslav Republic 
of Macedonia as verified by an assessment carried out by the European Community.  

Article 2 

Conditions relating to transition 

(1) 

By the end of the first transitional period the former Yugoslav Republic of Macedonia shall  

i. 

ii. 

iii. 

be  a  full  member  of  the  Joint  Aviation  Authorities  and  shall  endeavour  to 
implement  all  the  aviation  safety  legislation  as  provided  in  Annex  I  to  this 
Agreement; 

apply ECAC Document  30  and shall endeavour to  implement all  the aviation 
security legislation as provided in Annex I to this Agreement; 

apply  Regulation  3925/91  (on  elimination  of  controls  applicable  to  cabin  and 
hold  baggage),  Regulation  2409/92  (on  fares  and  rates  for  air  services), 
Directive  94/56  (on  accident  investigation),  Directive  96/67  (on  ground 
handling), Directive 2003/42 (on occurrence reporting), Directive 2000/79 (on 
working  time  in  civil  aviation)  and  Directive  2003/88  (on  working  time)  as 
provided in Annex I to this Agreement;  

iv. 

separate  the  air  traffic  service  provider  and  the  national  regulatory  body, 
establish  a  national  supervisory  body  for  air  traffic  services,  start  the 
reorganisation  of  its  airspace  into  a  functional  block  or  blocks,  and  apply 
flexible use of airspace; 

v. 

ratify  the  Convention  for  the  Unification  of  Certain  Rules  for  International 
Carriage by Air (the Montreal Convention); 

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vi. 

have  made  sufficient  progress  in  implementing  the  rules  on  state  aid  and 
competition  included  in  an  agreement  referred  to  in  Article  14(1)  of  this 
Agreement or in Annex III to this Agreement, whichever is applicable. 

(2) 

By the end of the second transitional period the former Yugoslav Republic of Macedonia 
shall  apply  this  Agreement  including  all  the  legislation  set  out  in  Annex  I  to  this 
Agreement.  

Article 3 

Transitional arrangements 

(1) 

Notwithstanding Article 1(1) of this Agreement, 

(a)  During the first transitional period: 

i. 

Community  air  carriers  and  air  carriers  licensed  by  the  former  Yugoslav 
Republic  of  Macedonia  shall  be  permitted  to  exercise  unlimited  traffic  rights 
between  any  point  in  the  former  Yugoslav  Republic  of  Macedonia  and  any 
point in an EC Member State;  

ii.  Community  air  carriers  shall  not  be  majority  owned  or  effectively  controlled 
by the former Yugoslav Republic of Macedonia or its nationals and air carriers 
licensed by the former Yugoslav Republic of Macedonia shall not be majority 
owned or effectively controlled by EC Member States or their nationals. 

(b)  During the second transitional period: 

i. 

Community  air  carriers  and  air  carriers  licensed  by  the  former  Yugoslav 
Republic of Macedonia shall be permitted to exercise the traffic rights provided 
for in paragraph (1) (a) i.; 

ii.  Community  air  carriers  shall  be  permitted  to  exercise  unlimited  traffic  rights 
between  points  in  the  former  Yugoslav  Republic  of  Macedonia  and  other 
Associated  Parties  and  shall  be  permitted  to  change,  at  any  point,  from  one 
aircraft to one other aircraft provided that the flight is a part of a service that 
serves a point in an EC Member State; 

iii. 

air  carriers  licensed  by  the  former  Yugoslav  Republic  of  Macedonia  shall  be 
permitted  to  exercise  unlimited  traffic  rights  between  points  in  different  EC 
Member States and shall be permitted to change, at any point, from one aircraft 
to one other aircraft provided that the flight is a part of a service that serves a 
point in the former Yugoslav Republic of Macedonia. 

(2) 

(3) 

For the purpose of this Article, “Community air carrier” shall mean an air carrier licensed 
by an EC Member State, Norway or Iceland. 

Articles 7 and 8 of this Agreement shall not apply until the end of the second transitional 
period, without prejudice to the obligation of the former Yugoslav Republic of Macedonia 
and of the Community to grant operating licences in accordance with the acts specified in 

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Annex I to this Agreement, respectively, carriers which are majority owned or effectively 
controlled  by  the  EC  Member  States  or  their  nationals  and  carriers  which  are  majority 
owned  or  effectively  controlled  by  the  former  Yugoslav  Republic  of  Macedonia  or  its 
nationals from the end of the first transitional period. 

Article 4 

Application of certain legislation by the former Yugoslav Republic of Macedonia 

Notwithstanding Art. 2 of this Protocol, upon entry into force of this Agreement the former 
Yugoslav Republic of Macedonia shall  

i. 

ii. 

iii. 

apply  in  practice  the  Convention  for  the  Unification  of  Certain  Rules  for 
International Carriage by Air (the Montreal Convention); 

enforce  that  air  carriers  licensed  by  the  former  Yugoslav  Republic  of 
Macedonia comply in practice with Regulation 261/2004; 

terminate  or  bring  in  line  with  Community  law  the  contract  between  the 
Government of the former Yugoslav Republic of Macedonia and Macedonian 
Airlines (MAT). 

Article 5 

Aviation safety  

(1) 

(2) 

(3) 

At  the  start  of  the  first  transitional  period  the  former  Yugoslav  Republic  of  Macedonia 
shall be involved as observer in the work of the European Aviation Safety Agency. 

At the end of the second transitional period the Joint Committee established under Art. 18 
of this Agreement shall determine the precise status and conditions for the participation of 
the former Yugoslav Republic of Macedonia in the European Aviation Safety Agency.  

Until  the  end  of  the  second  transitional  period,  if  safety  deficiencies  are  identified  the 
European  Community  may  require  that  the  permission  for  an  air  carrier  licensed  by  the 
former  Yugoslav  Republic  of  Macedonia  to  operate  on  air  routes  to,  from  or  within  the 
European  Community  be  made  subject  to  a  specific  safety  assessment.  Such  assessment 
shall  be  made  by  the  European  Community  expeditiously  in  order  to  avoid  any  undue 
delay in the exercise of traffic rights. 

Article 6 

Aviation security 

(1) 

At the start of the second transitional period the confidential part of the security legislation 
as  provided  in  Annex  I  to  this  Agreement  shall  be  made  available  to  the  appropriate 
authority of the former Yugoslav Republic of Macedonia.  

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(2) 

Until  the  end  of  the  second  transitional  period,  if  security  deficiencies  are  identified  the 
European  Community  may  require  that  the  permission  for  an  air  carrier  licensed  by  the 
former  Yugoslav  Republic  of  Macedonia  to  operate  on  air  routes  to,  from  or  within  the 
European Community be made subject to a specific security assessment. Such assessment 
shall  be  made  by  the  European  Community  expeditiously  in  order  to  avoid  any  undue 
delay in the exercise of traffic rights. 

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Protocol VI 

Transitional arrangements between the European Community and  

Serbia and Montenegro 

Article 1 

Transitional periods 

(1) 

(2) 

The first transitional period shall extend from the entry into force of this Agreement until 
all  conditions  set  out  in  Article  2(1)  have  been  fulfilled  by  Serbia  and  Montenegro  as 
verified  by  an  assessment  carried  out  by  the  relevant  authority  of  the  European 
Community.  

The second transitional period shall extend from the end of the first transitional period until 
all  conditions  set  out  in  Article  2(2)  have  been  fulfilled  by  Serbia  and  Montenegro  as 
verified  by  an  assessment  carried  out  by  the  relevant  authority  of  the  European 
Community.  

Article 2 

Conditions relating to transition 

(1) 

By the end of the first transitional period Serbia and Montenegro shall  

i. 

ii. 

iii. 

iv. 

be  a  full  member  of  the  Joint  Aviation  Authorities  and  shall  endeavour  to 
implement  all  the  aviation  safety  legislation  as  provided  in  Annex  I  to  this 
Agreement; 

apply ECAC Document 30 and  shall endeavour to  implement  all the aviation 
security legislation as provided in Annex I to this Agreement; 

apply  Regulation  3925/91  (on  elimination  of  controls  applicable  to  cabin  and 
hold  baggage),  Regulation  2409/92  (on  fares  and  rates  for  air  services), 
Directive  94/56  (on  accident  investigation),  Directive  96/67  (on  ground 
handling),  Regulation  2027/97  (on  air  carrier  liability  in  the  event  of 
accidents), Directive 2003/42 (on occurrence reporting), Regulation  261/2004 
(on denied boarding), Directive 2000/79 (on working time in civil aviation) and 
Directive 2003/88 (on working time) as provided in Annex I to this Agreement;  

separate the air traffic service provider and the regulatory body for Serbia and 
Montenegro,  establish  a  supervisory  body  for  Serbia  and  Montenegro  for  air 
traffic  services,  start  the  reorganisation  of  the  airspace  of  Serbia  and 
Montenegro  into  a  functional  block  or  blocks,  and  apply  flexible  use  of 
airspace; 

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v. 

vi. 

ratify  the  Convention  for  the  Unification  of  Certain  Rules  for  International 
Carriage by Air (the Montreal Convention); 

have  made  sufficient  progress  in  implementing  the  rules  on  state  aid  and 
competition  included  in  an  agreement  referred  to  in  Article  14(1)  of  this 
Agreement or in Annex III to this Agreement, whichever is applicable. 

(2) 

By  the  end  of  the  second  transitional  period  Serbia  and  Montenegro  shall  apply  this 
Agreement including all the legislation set out in Annex I to this Agreement.  

Article 3 

Transitional arrangements 

(1) 

Notwithstanding Article 1(1) of this Agreement, 

(a)  During the first transitional period: 

i. 

Community  air  carriers  and  air  carriers  licensed  by  Serbia  and  Montenegro 
shall  be  permitted  to  exercise  unlimited  traffic  rights  between  any  point  in 
Serbia and Montenegro and any point in an EC Member State;  

ii.  Community  air  carriers  shall  not  be  majority  owned  or  effectively  controlled 
by  Serbia  and  Montenegro  or  its  nationals  and  air  carriers  licensed  by  Serbia 
and  Montenegro  shall  not  be  majority  owned  or  effectively  controlled  by  EC 
Member States or their nationals. 

(b)  During the second transitional period: 

i. 

Community  air  carriers  and  air  carriers  licensed  by  Serbia  and  Montenegro 
shall be permitted to exercise the traffic rights provided for in paragraph (1) (a) 
i.; 

ii.  Community  air  carriers  shall  be  permitted  to  exercise  unlimited  traffic  rights 
between  points  in  Serbia  and  Montenegro  and  other  Associated  Parties  and 
shall  be  permitted  to  change,  at  any  point,  from  one  aircraft  to  one  other 
aircraft provided that the flight is a part of a service that serves a point in an EC 
Member State; 

iii. 

air  carriers  licensed  by  Serbia  and  Montenegro  shall  be  permitted  to  exercise 
unlimited traffic rights between points in different EC Member States and shall 
be  permitted  to  change,  at  any  point,  from  one  aircraft  to  one  other  aircraft 
provided that the flight is a part of a service that serves a point in Serbia and 
Montenegro. 

For the purpose of this Article, “Community air carrier” shall mean an air carrier licensed 
by an EC Member State, Norway or Iceland. 

Articles 7 and 8 of this Agreement shall not apply until the end of the second transitional 
period,  without  prejudice  to  the  obligation  of  Serbia  and  Montenegro  and  of  the 

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(2) 

(3) 

EN 

 
Community to grant operating licences in accordance with the acts specified in Annex I to 
this Agreement,  respectively, carriers which are majority  owned  or effectively  controlled 
by  the  EC  Member  States  or  their  nationals  and  carriers  which  are  majority  owned  or 
effectively controlled by Serbia and Montenegro or its nationals from the end of the first 
transitional period. 

Article 4 

Aviation safety  

(1) 

(2) 

(3) 

(1) 

(2) 

At  the  start  of  the  first  transitional  period  Serbia  and  Montenegro  shall  be  involved  as 
observer in the work of the European Aviation Safety Agency. 

At the end of the second transitional period the Joint Committee established under Art. 18 
of this Agreement shall determine the precise status and conditions for the participation of 
Serbia and Montenegro in the European Aviation Safety Agency. 

Until  the  end  of  the  second  transitional  period,  if  safety  deficiencies  are  identified  the 
European Community may require that the permission for an air carrier licensed by Serbia 
and Montenegro to  operate on  air routes to, from  or within the European Community be 
made  subject  to  a  specific  safety  assessment.  Such  assessment  shall  be  made  by  the 
European Community  expeditiously in  order  to avoid any undue delay in the exercise of 
traffic rights. 

Article 5 

Aviation security 

At the start of the second transitional period the confidential part of the security legislation 
as  provided  in  Annex  I  to  this  Agreement  shall  be  made  available  to  the  appropriate 
authority of Serbia and Montenegro.  

Until  the  end  of  the  second  transitional  period,  if  security  deficiencies  are  identified  the 
European Community may require that the permission for an air carrier licensed by Serbia 
and Montenegro to operate on  air routes to, from or within the  European Community be 
made  subject  to  a  specific  security  assessment.  Such  assessment  shall  be  made  by  the 
European Community expeditiously in order to avoid any undue delay in the exercise of 
traffic rights. 

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Protocol VII 

Transitional arrangements between the European Community and  

Romania 

Article 1 

Transitional period 

(1) 

(2) 

The  transitional  period  shall  extend  from  the  entry  into  force  of  this  Agreement  until  all 
conditions set out in Article 2 have been fulfilled by Romania as verified by an assessment 
carried out by the European Community.  

References  to  the  “second  transitional  period”  in  this  Agreement  or  in  its  Annexes  shall 
mean in the case of Romania the transitional period under paragraph 1 of this Article. 

Article 2 

Conditions relating to transition 

By the end of the transitional period Romania shall apply this Agreement including all the 
legislation set out in Annex I to this Agreement. 

Article 3 

Transitional arrangements 

(1) 

Notwithstanding Article 1(1) of this Agreement, 

(a)  During the transitional period: 

i. 

Community air carriers and air carriers licensed by Romania shall be permitted 
to exercise unlimited traffic rights between any point in Romania and any point 
in an EC Member State; 

ii.  Community  air  carriers  shall  be  permitted  to  exercise  unlimited  traffic  rights 
between points in Romania and other Associated Parties and shall be permitted 
to change, at any point, from one aircraft to one other aircraft provided that the 
flight is a part of a service that serves a point in an EC Member State; 

iii. 

air carriers licensed by Romania shall be permitted to exercise unlimited traffic 
rights between points in different EC Member States and shall be permitted to 
change,  at  any  point,  from  one  aircraft to  one  other  aircraft  provided  that  the 
flight is a part of a service that serves a point in Romania. 

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(2) 

(3) 

(1) 

(2) 

For the purpose of this Article, “Community air carrier” shall mean an air carrier licensed 
by an EC Member State, Norway or Iceland. 

Articles 7 and 8 of this Agreement shall not apply until the end of the transitional period, 
without prejudice to the obligation of Romania and of the Community to grant operating 
licences in accordance with the acts specified in Annex I to this Agreement, respectively, 
carriers  which  are  majority  owned  or  effectively  controlled  by  the  EC  Member  States  or 
their nationals and carriers which are majority owned or effectively controlled by Romania 
or its nationals from the end of the first transitional period. 

Article 4 

Aviation safety  

At the end of the transitional period the Joint Committee established under Art. 18 of this 
Agreement  shall  determine  the  precise  status  and  conditions  for  the  participation  of 
Romania in the European Aviation Safety Agency. 

Until  the  end  of  the  transitional  period,  if  safety  deficiencies  are  identified  the  European 
Community  may  require  that  the  permission  for  an  air  carrier  licensed  by  Romania  to 
operate  on  air  routes  to,  from  or  within  the  European  Community  be  made  subject  to  a 
specific  safety  assessment.  Such  assessment  shall  be  made  by  the  European  Community 
expeditiously in order to avoid any undue delay in the exercise of traffic rights. 

Article 5 

Aviation security 

Until the end of the transitional period, if security deficiencies are identified the European 
Community  may  require  that  the  permission  for  an  air  carrier  licensed  by  Romania  to 
operate  on  air  routes  to,  from  or  within  the  European  Community  be  made  subject  to  a 
specific security assessment. Such assessment shall be made by the European Community 
expeditiously in order to avoid any undue delay in the exercise of traffic rights. 

Article 6 

Entry into force 

The ECAA Agreement shall enter into force with regard to Romania after its ratification, 
in conformity with the Romanian legal provisions. The date of the entry into force shall be 
established according to paragraphs (1) and (2) of Article 29. 

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Protocol VIII 

Transitional arrangements between the European Community and  

the United Nations Interim Administration in Kosovo 

Article 1 

UNMIK’s competences 

The  provisions  of  this  Protocol  are  without  prejudice  to  the  competences  of  the  United 
Nations  Interim Administration Mission in Kosovo, hereinafter referred to  as “UNMIK”, 
as derived from UN Security Council Resolution 1244 of 10 June 1999. 

Article 2 

Transitional periods 

(1) 

(2) 

The first transitional period shall extend from the entry into force of this Agreement until 
all  conditions  set  out  in  Article  3(1)  have  been  fulfilled  by  UNMIK  as  verified  by  an 
assessment carried out by the European Community. 

The second transitional period shall extend from the end of the first transitional period until 
all  conditions  set  out  in  Article  3(2)  have  been  fulfilled  by  UNMIK  as  verified  by  an 
assessment carried out by the European Community. 

Article 3 

Conditions relating to transition 

(1) 

By the end of the first transitional period UNMIK shall  

i. 

ii. 

iii. 

implement,  without  prejudice  to  its  special  status  under  international  law,  the 
Joint Aviation Requirements (JARs) adopted by the Joint Aviation Authorities 
and shall endeavour to implement all the aviation safety legislation as provided 
in Annex I to this Agreement; 

apply ECAC Document  30  and shall endeavour to  implement all  the aviation 
security legislation as provided in Annex I to this Agreement; 

apply  Regulation  3925/91  (on  elimination  of  controls  applicable  to  cabin  and 
hold  baggage),  Regulation  2409/92  (on  fares  and  rates  for  air  services), 
Directive 94/56 (on accident investigation), Regulation 2027/97 (on air carrier 
liability in the event of accidents), Directive 2003/42 (on occurrence reporting), 
Regulation  261/2004  (on  denied  boarding),  Directive  2000/79  (on  working 

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time in civil aviation) and Directive 2003/88 (on working time) as provided in 
Annex I to this Agreement;  

separate  the  air  traffic  service  provider  and  the  regulatory  body,  establish  or 
designate a supervisory body for air traffic services; 

apply  in  practice  the  Convention  for  the  Unification  of  Certain  Rules  for 
International Carriage by Air (the Montreal Convention); 

have  made  sufficient  progress  in  implementing  the  rules  on  state  aid  and 
competition  included  in  an  agreement  referred  to  in  Article  14(1)  of  this 
Agreement or in Annex III to this Agreement, whichever is applicable. 

iv. 

v. 

vi. 

(2) 

By the end of the second transitional period UNMIK shall apply this Agreement including 
all the legislation set out in Annex I to this Agreement. 

Article 4 

Transitional arrangements 

(1) 

Notwithstanding Article 1(1) of this Agreement, 

(a)  During the first transitional period: 

i. 

Community air carriers and air carriers licensed by UNMIK shall be permitted 
to exercise unlimited traffic rights between any point in Kosovo and any point 
in an EC Member State;  

ii.  Community  air  carriers  shall  not  be  majority  owned  or  effectively  controlled 
by UNMIK or residents of Kosovo and air carriers licensed by UNMIK shall 
not be majority owned or effectively controlled by EC Member States or their 
nationals. 

(b)  During the second transitional period: 

i. 

Community air carriers and air carriers licensed by UNMIK shall be permitted 
to exercise the traffic rights provided for in paragraph (1) (a) i.; 

ii.  Community  air  carriers  shall  be  permitted  to  exercise  unlimited  traffic  rights 
between points in Kosovo and other Associated Parties and shall be permitted 
to change, at any point, from one aircraft to one other aircraft provided that the 
flight is a part of a service that serves a point in an EC Member State; 

iii. 

air carriers licensed by UNMIK shall be permitted to exercise unlimited traffic 
rights between points in different EC Member States and shall be permitted to 
change,  at  any  point,  from  one  aircraft to  one  other  aircraft  provided  that  the 
flight is a part of a service that serves a point in Kosovo. 

(2) 

For the purpose of this Article, “Community air carrier” shall mean an air carrier licensed 
by an EC Member State, Norway or Iceland. 

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(3) 

Articles 7 and 8 of this Agreement shall not apply until the end of the second transitional 
period,  without  prejudice  to  the  obligation  of  UNMIK  and  of  the  Community  to  grant 
operating  licences  in  accordance  with  the  acts  specified  in  Annex  I  to  this  Agreement, 
respectively,  carriers  which  are  majority  owned  or  effectively  controlled  by  the  EC 
Member  States  or  their  nationals  and  carriers  which  are  majority  owned  or  effectively 
controlled by UNMIK or residents of Kosovo from the end of the first transitional period. 

Article 5 

International conventions and agreements 

Where the legislation set out in Annex I to this Agreement provides for the obligation to 
become  party  to  international  conventions  or  agreements,  the  special  status  of  UNMIK 
under international law shall be taken into consideration. 

Article 6 

Aviation safety  

(1) 

(2) 

(3) 

At  the  start  of  the  first  transitional  period  UNMIK  shall  be  involved  as  observer  in  the 
work of the European Aviation Safety Agency. 

At the end of the second transitional period the Joint Committee established under Art. 18 
of this Agreement shall determine the precise status and conditions for the participation of 
UNMIK in the European Aviation Safety Agency.  

Until  the  end  of  the  second  transitional  period,  if  safety  deficiencies  are  identified  the 
European  Community  may  require  that  the  permission  for  an  air  carrier  licensed  by 
UNMIK  to  operate  on  air  routes  to,  from  or  within  the  European  Community  be  made 
subject  to  a  specific  safety  assessment.  Such  assessment  shall  be  made  by  the  European 
Community  expeditiously  in  order  to  avoid  any  undue  delay  in  the  exercise  of  traffic 
rights. 

Article 7 

Aviation security 

(1) 

At the start of the second transitional period the confidential part of the security legislation 
as  provided  in  Annex  I  to  this  Agreement  shall  be  made  available  to  the  appropriate 
authority of UNMIK.  

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(2) 

Until  the  end  of  the  second  transitional  period,  if  security  deficiencies  are  identified  the 
European  Community  may  require  that  the  permission  for  an  air  carrier  licensed  by 
UNMIK  to  operate  on  air  routes  to,  from  or  within  the  European  Community  be  made 
subject to a specific security assessment. Such assessment shall be made by the European 
Community  expeditiously  in  order  to  avoid  any  undue  delay  in  the  exercise  of  traffic 
rights. 

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