Multilateral Agreement between the European Community and its Member States, the Republic of Albania, Bosnia and Herzegovina, the Republic of Bulgaria, the Republic of Croatia, the former Yugoslav Republic of Macedonia, the Republic of Iceland, the Republic of Montenegro, the Kingdom of Norway, Romania, the Republic of Serbia and the United Nations Interim Administration Mission in Kosovo on the establishment of a European Common Aviation Area - Annexes - Annexes - Declarations
Date: 2006-06-09
Institutions: Albania, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czechia, Denmark, Estonia, European Community, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Montenegro, Netherlands, North Macedonia, Norway, Poland, Portugal, Romania, Serbia, Slovakia, Slovenia, Spain, Sweden, United Kingdom
Subjects: Europe, European cooperation, air space, air transport, multilateral agreement

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MULTILATERAL AGREEMENT

between the European Community and its Member States, the Republic of Albania, Bosnia and
Herzegovina, the Republic of Bulgaria, the Republic of Croatia, the former Yugoslav Republic of
Macedonia, the Republic of Iceland, the Republic of Montenegro, the Kingdom of Norway,
Romania, the Republic of Serbia and the United Nations Interim Administration Mission in
Kosovo (1) on the establishment of a European Common Aviation Area

THE KINGDOM OF BELGIUM,

THE CZECH REPUBLIC,

THE KINGDOM OF DENMARK,

THE FEDERAL REPUBLIC OF GERMANY,

THE REPUBLIC OF ESTONIA,

THE HELLENIC REPUBLIC,

THE KINGDOM OF SPAIN,

THE FRENCH REPUBLIC,

IRELAND,

THE ITALIAN REPUBLIC,

THE REPUBLIC OF CYPRUS,

THE REPUBLIC OF LATVIA,

THE REPUBLIC OF LITHUANIA,

THE GRAND DUCHY OF LUXEMBOURG,

THE REPUBLIC OF HUNGARY,

THE REPUBLIC OF MALTA,

THE KINGDOM OF THE NETHERLANDS,

THE REPUBLIC OF AUSTRIA,

THE REPUBLIC OF POLAND,

THE PORTUGUESE REPUBLIC,

THE REPUBLIC OF SLOVENIA,

THE SLOVAK REPUBLIC,

THE REPUBLIC OF FINLAND,

THE KINGDOM OF SWEDEN,

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

hereinafter referred to as ‘EC Member States’, and

THE EUROPEAN COMMUNITY, hereinafter referred to as ‘the Community’ or ‘the European Community’, and

THE REPUBLIC OF ALBANIA,

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

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BOSNIA AND HERZEGOVINA,

THE REPUBLIC OF BULGARIA,

THE REPUBLIC OF CROATIA,

THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA,

THE REPUBLIC OF ICELAND,

THE REPUBLIC OF MONTENEGRO,

THE KINGDOM OF NORWAY,

ROMANIA

THE REPUBLIC OF SERBIA, and

THE UNITED NATIONS INTERIM ADMINISTRATION IN KOSOVO,

all the abovementioned hereinafter referred to together as ‘the Contracting Parties’.

RECOGNISING the integrated character of international civil aviation and desiring to create a European Common Avia-
tion Area (ECAA) based on mutual market access to the air transport markets of the Contracting Parties and freedom of
establishment, with equal conditions of competition, and 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 are to apply on a multilateral basis within the ECAA and therefore
specific rules need to be defined in this respect;

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

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 bilat-
eral 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;

EMPHASISING 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 between the European Communities and their Member States and
certain other Contracting Parties as a matter of principle provide that, with a view to ensuring a coordinated develop-
ment and progressive liberalisation of transport between the Parties to those Agreements as adapted to reciprocal
commercial needs, the conditions of mutual market access in air transport should 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 the EC Member States 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 EC Member
States and the Associated Parties in line with European Community law,

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HAVE AGREED AS FOLLOWS:

OBJECTIVES AND PRINCIPLES

Article 1

The aim of this Agreement is the creation of a European
1.
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 areas of safety, security, air traffic
management, social and environment. For this purpose this
Agreement
applicable between the
rules
Contracting Parties under the conditions set out hereafter.
These rules include the provisions laid down by the legislation
specified in Annex I.

sets out

the

The provisions of

2.
this Agreement shall apply to the
extent that they concern air transport or an associated matter
mentioned in Annex I.

3.
the
This Agreement consists of Articles, setting out
general functioning of the ECAA, hereinafter referred to as ‘the
Main Agreement’, of Annexes, of which Annex I contains the
European Community legislation applicable between the
Contracting Parties in the framework of the Main Agreement,
and of Protocols, of which at least one for each Associated
Party establishes the transitional arrangements applicable to it.

Article 2

For the purposes of this Agreement:

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

the term ‘Associated Party’ means the Republic of Albania,
the
Bosnia and Herzegovina,
the Republic of Bulgaria,
the former Yugoslav Republic of
Republic of Croatia,
Macedonia,
the
Republic of Serbia, or any other State or entity that shall
have become a party to this Agreement pursuant
to
Article 32;

the Republic of Montenegro, Romania,

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

the term ‘Contracting Party’ means, concerning the Com-
munity and the EC Member States, the Community and
the EC Member States, or the Community, or the EC
Member States. The meaning to be attributed to this
expression in each case is to be deduced from the relevant
provisions of
this Agreement and from the respective
competences of the Community and the EC Member States
as they follow from the EC Treaty;

the term ‘ECAA Partner’ means an Associated Party,
Norway or Iceland;

the term ‘EC Treaty’ means the Treaty Establishing the
European Community;

the term ‘EEA Agreement’ means the Agreement on the
European Economic Area and its Protocols and Annexes

1.

(a)

(b)

(c)

(d)

(e)

(f)

(g)

signed on 2 May 1992 and to which the European Com-
munity,
Iceland, Liechtenstein and
Norway are parties;

its Member States,

the term ‘Association Agreement’ means each of such
Agreements establishing an association between the Euro-
pean 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 for 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 juris-
diction comply with legal requirements;

the term ‘Convention’ means the Convention on Interna-
tional Civil Aviation, opened for signature at Chicago on
7 December 1944, and the amendments and Annexes
thereto;

the term ‘SESAR’ means the technical implementation of
the Single European Sky which provides a coordinated and
synchronised research, development and deployment of
the new generations of ATM systems;

(h)

(i)

(j)

(k)

(l)

(m) the term ‘ATM Master Plan’

(Air Traffic Management

Master Plan) means the starting point of SESAR;

(n)

the term ‘EC Member State’ means a Member State of the
European Community.

The use of the terms ‘country’,

2.
‘nationals’ or
‘territory’ shall be without prejudice to the status of each
Contracting Party under international law.

‘national’,

Article 3

The applicable provisions of Acts referred to or contained
either in Annex I, adapted in accordance with Annex II, 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) an act corresponding to a European Community Regulation
the

legal order of

the internal

shall be made part of
Contracting Parties;

(b) an act corresponding to a European Community 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 obli-
gations arising out of this Agreement and shall abstain from
any measure which could jeopardise the attainment of the
objectives of this Agreement.

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Article 5

Article 10

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

this Agreement and
Within the scope and conditions of
without prejudice to the provisions of the relevant acts speci-
fied 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 establish-
ment 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 terri-
tory of any of them.

Article 8

1. Within the scope of this Agreement and without preju-
dice 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.

2.
The terms ‘companies or firms’ mean companies or firms
constituted under civil or commercial law, including coopera-
tive societies, and other legal persons governed by public or
private law, except those which are non-profit-making.

Article 9

1.
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.

2.
The provisions of Articles 7 and 8 and measures taken in
pursuance thereof shall not prejudice the applicability of provi-
sions laid down by law, regulation or administrative action of
the Contracting Parties regarding entry, residence and employ-
ment or providing for special treatment for foreign nationals
on grounds of public policy, public security or public health.

in
1. Without prejudice to more favourable provisions
existing agreements and within the scope of this Agreement,
the Contracting Parties shall abolish quantitative restrictions
and measures having an equivalent effect on transfers of equip-
ment, 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 Agree-
ment.

The obligation referred to in paragraph 1 shall not
2.
preclude the Contracting Parties from prohibiting or imposing
restrictions on such transfers justified on the grounds of public
policy or public security, of the protection of health and life of
humans, animals or plants, or of 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

1.
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,
comply with international safety standards established pursuant
to the Convention and shall be subject to ramp inspections by
the authorised 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.

A Contracting Party may request consultations at any
2.
time concerning the safety standards maintained by another
Contracting Party in areas other than those covered by the acts
referred to in Annex I.

3.
Nothing in this Agreement shall be construed so as to
limit the authority of a Competent Civil Aviation Authority to
take all appropriate and immediate measures whenever it ascer-
tains that a product or a service may:

(i) fail to satisfy the minimum standards which may be estab-

lished pursuant to the Convention, or

(ii) 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 Conven-
tion, 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.

4. 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.

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5. Where measures taken pursuant to paragraph 3 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

6.
law with respect to the
status of the Competent Civil Aviation Authority shall be noti-
fied by the Contracting Party concerned to the other
Contracting Parties.

AVIATION SECURITY

Article 12

In order

1.
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 are
applied to any airport located in their territories, in accordance
with the relevant provisions referred to in that Annex.

2.
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.

3. 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 navi-
gation 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.

4.
An Associated Party may be subjected to a European
Commission inspection in accordance with the relevant Euro-
pean Community legislation as referred to in Annex I, 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
1.
traffic management with a view to extending the Single Euro-
pean Sky to the ECAA in order to enhance current safety stan-
dards and overall efficiency of general air traffic standards in
Europe, to optimise capacity and to minimise delays.

2. 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 par-
ticular by designating or establishing pertinent national
supervisory bodies at least functionally independent of air
navigation 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 an
early involvement of the relevant Contracting Parties' efforts
to establish functional airspace blocks.

3.
The European Community shall see to it that the Asso-
ciated Parties are fully associated with the development of an
ATM Master Plan within the SESAR programme of
the
Commission.

COMPETITION

Article 14

1. 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.

Articles 15, 16 and 17 shall not apply with respect to the

2.
provisions in Annex III.

ENFORCEMENT

Article 15

each
1. Without prejudice
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.

to paragraphs 2 and 3,

2.
In cases which may affect actual or potential air services
to be authorised under this Agreement, the European Com-
munity institutions shall enjoy the powers specifically granted
the acts referred to or
to them under the provisions of
contained in Annex I.

3.
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, hereinafter referred to as ‘the Court of Justice’.

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INTERPRETATION

Article 16

In so far as the provisions of this Agreement and the
1.
in
provisions of the acts specified in Annex I are identical
substance to corresponding rules of the EC Treaty and to acts
adopted pursuant to the EC Treaty, those provisions shall, in
their implementation and application, be interpreted in confor-
mity with the relevant rulings and decisions of the Court of
Justice and the European Commission given before the date of
signature of this Agreement. The rulings and decisions given
after the date of signature of this Agreement shall be communi-
cated 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 to the ECAA
Partners prior to the date of signature of this Agreement. Deci-
sions taken by the Joint Committee under this procedure shall
be in conformity with the case law of the Court of Justice.

2. 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 corre-
sponding rules of the EC Treaty and to acts adopted pursuant
to the EC Treaty, arises in a case pending before a court or
tribunal of an ECAA Partner, the court or tribunal shall ask, if
it considers this necessary to enable it to give a judgement and
in accordance with Annex IV, the Court of Justice to decide on
the question. An ECAA Partner may, by decision and in accord-
ance with Annex IV, stipulate the extent
to which, and
according to what modalities, its courts and tribunals are to
apply this provision. Such a decision shall be notified to the
depositary and the Court of Justice. The depositary shall inform
the other Contracting Parties.

in accordance with paragraph 2, a court of a
3. Where,
Contracting Party against whose decisions there is no judicial
remedy under national law is not able to make a referral to the
Court of Justice, any judgement of such court shall be trans-
mitted by the Contracting Party concerned 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 and a judgement of a court of such a
Contracting Party has been brought before it, has not succeeded
in preserving the homogeneous interpretation of this Agree-
ment, the procedures laid down in Article 20 may be applied.

NEW LEGISLATION

Article 17

1.
This Agreement shall be without prejudice to the right of
each Contracting Party, subject to compliance with the prin-
ciple of non-discrimination and the provisions of this Article
and of Article 18(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.

As soon as a Contracting Party has adopted new legisla-
2.
tion or an amendment to its legislation it shall
inform the
other Contracting Parties via the Joint Committee not later than
its adoption. Upon the request of any
one month after
Contracting Party,
the Joint Committee shall within two
months thereafter hold an exchange of views on the implica-
tions of such new legislation or amendment for the proper
functioning of this Agreement.

3.

The Joint Committee shall:

(a) either adopt a decision revising Annex I so as to integrate
therein, if necessary on a basis of reciprocity, the new legis-
lation or amendment in question; or

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

(c) decide on any other measures to safeguard the proper func-

tioning of this Agreement.

As

regards

4.
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
received. The date on which the Joint
information was
Committee reaches a decision may not be earlier than sixty
days after the entry into force of this Agreement.

JOINT COMMITTEE

Article 18

its proper

implementation, without prejudice

1.
A Joint Committee is hereby established which shall be
responsible for the administration of this Agreement and shall
ensure
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

2.
the Contracting Parties.

3.
The Joint Committee shall act by unanimity. However,
the Joint Committee may decide to lay down a majority voting
procedure for certain specific issues.

4.
For the purpose of the proper enforcement of this Agree-
ment, the Contracting Parties shall exchange information, inter
alia, on new legislation or decisions that are relevant for this
Agreement, and, at the request of any Party, shall hold consul-
tations within the Joint Committee, including on social issues.

5.

The Joint Committee shall adopt its rules of procedure.

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6.
An ECAA Partner or the European Community and its
Member States shall preside in turn over the Joint Committee
in accordance with the arrangements to be laid down in its
rules of procedure.

may refer it to the Court of Justice whose decision shall be final
and binding. The modalities according to which such referrals
may be made to the Court of Justice are set out in Annex IV.

7.
The chairman of the Joint Committee shall convene its
meetings at least once a year in order to review the general
functioning of this Agreement and, whenever special circum-
stances so require, at the request of a Contracting Party. The
Joint Committee shall keep under constant review the develop-
ment of the case law of the Court of Justice. To this end the
European Community shall transmit to the ECAA Partners all
judgements of the Court of Justice relevant for the functioning
of this Agreement. The Joint Committee shall act within three
months so as to preserve the homogeneous interpretation of
this Agreement.

The Joint Committee may decide to set up any working

8.
party that can assist it in carrying out its duties.

4.
If the Joint Committee does not within four months take
a decision on an issue which has been referred to it, the
Contracting Parties may take appropriate safeguard measures in
accordance with Articles 21 and 22 for a period not exceeding
six months. After this period each Contracting Party may
denounce this Agreement with immediate effect. A Contracting
Party shall not take safeguard measures on a matter which has
been referred to the Court of Justice in accordance with this
in cases defined in Article 11(3) or in
Agreement, except
compliance with mechanisms provided for in individual acts
specified in Annex I.

SAFEGUARD MEASURES

Article 21

Article 19

A decision of the Joint Committee shall be binding upon
1.
the Contracting Parties. Whenever a decision taken by the Joint
Committee contains a requirement for action to be taken by a
Contracting Party,
take the necessary
the said Party shall
measures and inform the Joint Committee thereof.

The decisions of the Joint Committee shall be published
2.
in the Official
Journals of the European Union and of the
ECAA Partners. Each decision shall state the date of its imple-
mentation by the Contracting Parties and any other informa-
tion likely to concern economic operators.

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 which is considering taking safeguard
measures shall notify the other Contracting Parties of its inten-
tion through the Joint Committee and shall provide all relevant
information.

DISPUTE SETTLEMENT

Article 20

1.
The Community, acting together with the EC Member
States, or an ECAA Partner may bring a matter under dispute
which concerns the application or interpretation of this Agree-
ment before the Joint Committee, except where specific proce-
dures are set out in this Agreement.

2. 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 Com-
munity representative may be invited to the consultations by
one of the parties to the dispute. The parties to the dispute
may draw up a proposal for a solution which shall immediately
be submitted to the Joint Committee. Decisions taken by the
Joint Committee under this procedure shall respect the case law
of the Court of Justice.

3.
If the Joint Committee after four months from the date
when the matter was brought before it has not succeeded to
take a decision resolving the dispute, the parties to the dispute

The Contracting Parties shall

into
2.
consultations in the Joint Committee with a view to finding a
commonly acceptable solution.

immediately enter

3. Without prejudice to Article 11(3), the Contracting Party
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 said time limit.

4.
The Contracting Party concerned shall without delay
notify the Joint Committee of the measures taken 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 covered by the obligation of
professional confidentiality,
in particular information about
undertakings, their business relations or their cost components.

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THIRD COUNTRIES AND INTERNATIONAL ORGANISATIONS

restrictive of the two Protocols referring to the Associated
Parties in question.

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 organ-

isations; and

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

The consultations provided for in paragraph 1 shall be
2.
held within one month of the request and in urgent cases as
soon as possible.

Article 25

The main aims of

1.
Article 24(1)(a) shall be:

the consultations provided for in

(a)

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

(b) depending upon the nature of such problems:

— to consider jointly whether the Contracting Parties'
action within the international organisations concerned
should be coordinated, 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 provided for in para-
graph 1.

Article 26

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

consultations provided for

the

TRANSITIONAL ARRANGEMENTS

Article 27

1.
Protocols I to IX establish the transitional arrangements
and corresponding periods applying between the European
Community and the EC Member States, on the one hand, and
the Associated Party concerned, on the other hand. In the rela-
tionship between Norway or Iceland and an Associated Party
the same conditions shall apply as between the European Com-
munity and the EC Member States, on the one hand, and the
Associated Party concerned, on the other hand.

2.
During the transitional periods referred to in paragraph 1
the relevant elements of the air transport regime between two
Associated Parties shall be determined on the basis of the more

3.
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 cooperation 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 condi-
4.
tions 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.

5.
If the European Community determines that the condi-
tions are not fulfilled it shall so report to the Joint Committee.
The Community shall recommend to the Associated Party
concerned specific improvements and determine an imple-
menting period within which these improvements can reason-
ably 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.

RELATIONSHIP WITH BILATERAL AIR TRANSPORT AGREEMENTS
AND ARRANGEMENTS

Article 28

1.
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 Asso-
ciated Parties.

2.
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,
freedom for the air carriers
concerned, than the provisions of the applicable Protocol with
respect to the Associated Party concerned.

in terms of

3.
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 appli-
cation of the ECAA, more flexible shall be settled in the frame-
work of the dispute settlement mechanism provided for in
Article 20. Disputes on how to determine the relationship
between conflicting Protocols shall be settled in the same way.

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ENTRY INTO FORCE, REVIEW, TERMINATION AND OTHER PROVI-
SIONS

Article 29

Entry into force

This Agreement

shall be subject

1.
to ratification or
approval by the signatories in accordance with their own
Instruments of ratification or approval shall be
procedures.
deposited with the General Secretariat of the Council of the
European Union (depository), which shall notify all other signa-
tories as well as the International Civil Aviation Organisation
thereof.

2.
This Agreement shall enter into force on the first day of
the second month following the date of deposit of the instru-
ments of ratification or approval by the European Community
and the EC Member States 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, the European Com-
3.
munity and its Member States and at least one Associated
Party, may decide to apply provisionally this Agreement among
themselves from the date of signature, in accordance with the
application of domestic law, by notifying the depository which
shall notify the other Contracting Parties thereof.

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.
Each Contracting Party may denounce this Agreement by
notifying the depository, which shall notify this termination to
the other Contracting Parties as well as the International Civil
Aviation Organisation. If this Agreement is denounced by the
European Community and the EC Member States it shall cease
to be in force one year after the date of notification. If this
Agreement is denounced by any other Contracting Party 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.

2.
Upon accession to the European Union of an Associated
Party, that Party shall automatically cease to be an Associated
Party under this Agreement and shall
instead become an
EC Member State.

3.
This Agreement shall cease to be in force or be suspended
with respect to an Associated Party if the corresponding Asso-
ciation Agreement ceases to be in force or is suspended.

Article 32

Enlargement of the ECAA

The European Community may ask any State or entity which is
prepared to make its laws on air transport and associated
matters compatible with those of the Community, and with
which the Community has established or is establishing a
framework of close economic cooperation, such as an Associa-
tion Agreement, to participate in the ECAA. To this end, the
Contracting Parties shall amend this Agreement accordingly.

Article 33

Gibraltar airport

1.
The application of this Agreement to Gibraltar airport is
understood to be without prejudice to the respective legal posi-
tions 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.

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

Article 34

Languages

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

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

Por la Comunidad Europea

Za Evropské společenství

For Det Europæiske Fællesskab

Für die Europäische Gemeinschaft

Euroopa Ühenduse nimel
Για την Ευρωπαϊκή Κοινότητα

For the European Community

Pour la Communauté européenne

Per la Comunità europea

Eiropas Kopienas vārdā

Europos bendrijos vardu

az Európai Közösség részéről
Għall-Komunità Ewropea
Voor de Europese Gemeenschap

W imieniu Wspólnoty Europejskiej

Pela Comunidade Europeia

Za Európske spoločenstvo

za Evropsko skupnost

Euroopan yhteisön puolesta

På Europeiska gemenskapens vägnar

Pour le Royaume de Belgique

Voor het Koninkrijk België

Für das Königreich Belgien

Za Českou republiku

På Kongeriget Danmarks vegne

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Für die Bundesrepublik Deutschland

Eesti Vabariigi nimel

Για την Ελληνική ∆ηµοκρατία

Por el Reino de España

Pour la République française

Thar cheann Na hÉireann

For Ireland

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Per la Repubblica italiana

Για την Κυπριακή ∆ηµοκρατία

Latvijas Republikas vārdā

Lietuvos Respublikos vardu

Pour le Grand-Duché de Luxembourg

A Magyar Köztársaság részéről

Għar-Repubblika ta' Malta

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Voor het Koninkrijk der Nederlanden

Für die Republik Österreich

W imieniu Rzeczypospolitej Polskiej

Pela República Portuguesa

Za Republiko Slovenijo

Za Slovenskú republiku

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Suomen tasavallan puolesta

För Republiken Finland

För Konungariket Sverige

For the United Kingdom of Great Britain and Northern Ireland

Për Republikën e Shqipërisë

Za Bosnu i Hercegovinu

За Босну и Херцеговину

Za Bosnu i Hercegovinu

За Република България

Za Republiku Hrvatsku

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За Бивша Югославска Република Македония

Fyrir hönd Lyðveldisins Íslands

Za Republiku Crnu Goru

For Kongeriket Norge

Pentru România

За Републику Србију

For the United Nations Interim Administration in Kosovo

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Official Journal of the European Union

16.10.2006

REPUBLIC OF MACEDONIA
MINISTRY OF TRANSPORT AND COMMUNICATIONS

Luxembourg, 9 June 2006

Dear Sirs,

Hereby I declare that the final text from 22 May 2006 of the Multilateral ECAA Agreement is acceptable
for the Government of the Republic of Macedonia.

With this letter, the Government of the Republic of Macedonia considers itself as signatory of the Multilat-
eral Agreement between the Republic of Albania, Bosnia and Herzegovina, the Republic of Bulgaria, the
Republic of Croatia, the European Community and its Member States, the Republic of Iceland, the Republic
of Macedonia, the Kingdom of Norway, Serbia and Montenegro, Romania and United Nations Interim
Administration Mission in Kosovo on the Establishment of a European Common Aviation Area.

However, I declare that the Republic of Macedonia does not accept the denomination used for my country
in the abovementioned Agreement, having in view that the constitutional name of my country is Republic
of Macedonia.

Please accept, Sirs, the assurances of my highest consideration.

Xhemali MEHAZI

Minister of Transport
and Communications

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THE COUNCIL OF THE EUROPEAN UNION
AND THE EUROPEAN COMMISSION

Luxembourg, 9 June 2006

Mr. Xhemali MEHAZI,
Minister of Transport and Communications
of the former Yugoslav Republic of Macedonia,

Sir,

The European Community and its Member States take note of your letter of today's date and confirms that
your letter and this reply shall together take the place of the signature of the Multilateral Agreement
between the Republic of Albania, Bosnia and Herzegovina, the Republic of Bulgaria, the Republic of
Croatia, the European Community and its Member States, 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). However, this cannot be construed as acceptance or recognition by the European Community and
its Member States,
in whatever form or content of a denomination other than the ‘former Yugoslav
Republic of Macedonia’.

Please accept, Sir, the assurance of our highest consideration.

On behalf of the European Community and
its Member States

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Official Journal of the European Union

16.10.2006

ANNEX I

RULES APPLICABLE TO CIVIL AVIATION

The ‘Applicable provisions’ of the following European Community 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 IX there-
after. Where necessary, specific adaptations for each individual act are set out hereafter:

A. MARKET ACCESS AND ANCILLARY ISSUES

No 2407/92

Council Regulation (EEC) No 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 (EEC) No 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 EEA 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, hereinafter referred to as ‘the 2003 Act of Accession’.

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

No 2409/92

Council Regulation (EEC) No 2409/92 of 23 July 1992 on fares and rates for air services

Applicable provisions: Articles 1 to 10

No 95/93

Council Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at Community
airports

as amended by:

— Regulation (EC) No 894/2002 of the European Parliament and of the Council of 27 May 2002 amending Council

Regulation (EEC) No 95/93,

— Regulation (EC) No 1554/2003 of the European Parliament and of the Council of 22 July 2003 amending Council

Regulation (EEC) No 95/93,

— Regulation (EC) No 793/2004 of the European Parliament and of the Council of 21 April 2004 amending Council

Regulation (EEC) No 95/93.

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’.

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No 96/67

Council Directive 96/67/EC of 15 October 1996 on access to the groundhandling 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 require-
ments 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 frame-
work 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)

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

No 2096/2005

Commission Regulation (EC) No 2096/2005 of 20 December 2005 laying down common requirements for the provi-
sion of air navigation services

Applicable provisions: Articles 1 to 9, Annexes I to V

No 2150/2005

Commission Regulation (EC) No 2150/2005 of 23 December 2005 laying down common rules for the flexible use of
airspace

Applicable provisions: Articles 1 to 9, Annex

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C. AVIATION SAFETY

No 3922/91

Council Regulation (EEC) No 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 (EC) No 1069/1999 of 25 May 1999 adapting to scientific and technical progress Council

Regulation (EEC) No 3922/91,

— Commission Regulation (EC) No 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(1) and Article 8(2) (second sentence),
Annexes I to III

As regards the application of Article 12, ‘Member States’ shall read ‘EC Member States’.

No 94/56

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

Applicable provisions: Articles 1 to 12

regards

As
ECAA Contracting Parties’.

the

applications of Articles 9 and 12,

the

term ‘the Commission’

shall

read ‘all other

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,

— 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 airworthi-
ness 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

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

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No 2042/2003

Commission Regulation (EC) No 2042/2003 of 20 November 2003 on the continuing airworthiness of aircraft and aero-
nautical 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

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 2111/2005

Regulation (EC) No 2111/2005 of the European Parliament and of the Council of 14 December 2005 on the establish-
ment of a Community list of air carriers subject to an operating ban within the Community and on informing air trans-
port passengers of the identity of the operating air carrier, and repealing Article 9 of Directive 2004/36/EC

Applicable provisions: Articles 1 to 13, Annex

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

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 Regulation (EC) No 622/2003,

— Commission Regulation (EC) No 781/2005 of 24 May 2005 amending Regulation (EC) No 622/2003,

— Commission Regulation (EC) No 857/2005 of 6 June 2005 amending Regulation (EC) No 622/2003.

Applicable provisions: Articles 1 to 5 and Annex

No 1217/2003

Commission Regulation (EC) No 1217/2003 of 4 July 2003 laying down common specifications for national civil avia-
tion 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

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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

No 89/629

E. ENVIRONMENT

Council Directive 89/629/EEC of 4 December 1989 on the limitation of noise emission from civil subsonic jet aero-
planes.

Applicable provisions: Articles 1 to 8

No 92/14

Council Directive 92/14/EEC 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,

— Commission Directive 1999/28/EC of 21 April 1999 amending the Annex to Council Directive 92/14/EEC,

— Commission Regulation (EC) No 991/2001 of 21 May 2001 amending the Annex to Council Directive 92/14/EEC.

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

As amended or adapted by the 2003 Act of Accession

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 VI

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 and 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 organisation of working time

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

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No 2000/79

Council Directive 2000/79/EC 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 Euro-
pean Transport Workers' Federation (ETF), the European Cockpit Association (ECA), the European Regions Airline Asso-
ciation (ERA) and the International Air Carrier Association (IACA)

Applicable provisions: Articles 1 to 5

G. CONSUMER PROTECTION

No 90/314

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

Applicable provisions: Articles 1 to 10

No 92/59

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

Applicable provisions: Articles 1 to 19

No 93/13

Council Directive 93/13/EEC 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/EC 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 (EC) No 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

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 (EEC) No 2299/1989 of 24 July 1989 on a code of conduct for computer reservation systems

as amended by:

— Council Regulation (EEC) No 3089/93 of 29 October 1993 amending Regulation (EEC) No 2299/89,

— Council Regulation (EC) No 323/1999 of 8 February 1999 amending Regulation (EEC) No 2299/89.

Applicable provisions: Articles 1 to 22 and Annex

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No 91/670

Council Directive No 91/670/EEC 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 and amending Regulation (EC)

No 437/2003 of the European Parliament and of the Council.

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 Euro-
pean 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

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(1)(b) and (2)

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ANNEX II

HORIZONTAL ADAPTATIONS AND CERTAIN PROCEDURAL RULES

The provisions of the acts specified in Annex I shall be applicable in accordance with the Agreement and points 1 to 4
of this Annex, unless otherwise provided in Annex I. The specific adaptations necessary for individual acts are set out in
Annex I.

This Agreement shall be applicable in accordance with the procedural rules set out in points 5 and 6 of this Annex.

1. INTRODUCTORY PARTS OF THE ACTS

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

2. SPECIFIC TERMINOLOGY OF THE ACTS

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

(a) the term ‘Community’ shall read ‘European Common Aviation Area’;

(b) the terms ‘Community law’, ‘Community legislation’, ‘Community instruments’ and ‘EC Treaty’ shall read ‘ECAA

Agreement’;

(c) the term ‘Community airport’ shall read ‘airport located in the European Common Aviation Area’;

(d) the term ‘Official Journal of the European Communities’ or ‘Official Journal of the European Union’ shall read ‘Official

Journals of the Contracting Parties’;

(e) the term ‘Community air carrier’ shall read ‘ECAA air carrier’.

3. REFERENCES TO MEMBER STATES

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

4. PROVISIONS ON EUROPEAN COMMUNITY 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 in Annex I provide for the consultation by the European Commission
of European Community Committees and for the opportunity to submit their advice 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 Commission shall provide each Associated Party at least two weeks in
advance of the meeting, unless specific circumstances require a shorter notice, with all necessary information.

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

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

5. COOPERATION AND EXCHANGE OF INFORMATION

To facilitate the exercise of the relevant powers of the competent authorities of the Contracting Parties, such authori-
ties 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 this Agreement and
without prejudice to Annex IV, any official
language of the institutions of the European Union or of another
Contracting Party. The Contracting Parties are aware, however, that the utilisation of English facilitates those proce-
dures. If a language which is not an official language of the institutions of European Union is used in an official docu-
ment, a translation into an official
language of the institutions of the European Union 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 institutions of the European Union, that Contracting
Party shall ensure simultaneous interpretation into English.

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RULES ON COMPETITION AND STATE AID REFERRED TO IN ARTICLE 14 OF THE MAIN AGREEMENT

ANNEX III

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 the Associated Party concerned, 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 of
the measures adopted to attain this objective.

Article 2

Approximation of State aid and competition legislation

1.
The Contracting Parties recognise the importance of the approximation of the existing legislation on State aid and
competition of the Associated Parties to that of the European Community. The Associated Parties shall endeavour to
ensure that their existing and future laws on State aid and competition are gradually made compatible with the European
Community acquis.

2.
This approximation shall start upon the entry into force of this 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 the
Associated Party concerned. The Associated Party shall also define, in agreement with the European Commission, the
modalities for the monitoring of the implementation of the approximation of legislation and law enforcement actions to
be taken.

Article 3

Competition rules and other economic provisions

The following practices are incompatible with the proper functioning of this Agreement, in so far as they may

1.
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 EC
Treaty and interpretative instruments adopted by the European Community institutions.

3.
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), regarding private and public undertakings and undertakings
to which special rights have been granted.

4.
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). This authority shall have, inter alia, the powers to
authorise State aid schemes and individual aid grants in conformity with paragraph 2, 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,

5.
inter alia, by providing the other
Contracting Parties with 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.

6.
Each 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.

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7.

(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 the
Associated Party concerned is to 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 Commis-
sion shall then jointly evaluate the eligibility of the regions of the Associated Party concerned 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.

8.
If one of the Contracting Parties considers that a particular practice is incompatible with the terms of paragraph 1,
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 require-

9.
ments of professional and business confidentiality.

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ANNEX IV

REFERRALS TO THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES

1. General principles relating to Article 16 of the Agreement

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

2. Contracting Parties shall have, within the ambit of this Agreement, the same rights to submit observations to the

Court of Justice as the EC Member States.

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

1. 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, that decision shall specify that either:

(a) any court or tribunal of the Contracting Party against whose decisions there is no judicial remedy under national
law shall request the Court of Justice 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 judgment, or

(b) any court or tribunal of that Contracting Party may request the Court of Justice 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 judgment.

2. 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, including the relevant provisions of the EC Treaty, the Statute and
the Rules of Procedure of the Court of Justice, 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 in the Information Notice on references by national courts for preliminary
rulings.

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

The Court of Justice shall treat disputes submitted to it in accordance with Article 20(3) in the same manner as those
submitted to it in accordance with Article 239 of the EC Treaty.

4. Referrals to the Court of Justice and languages

The Contracting Parties shall be entitled to use, in the procedures before the Court of Justice established in the ambit of
the Agreement, any official language of the institutions of the European Union or of another Contracting Party. If a
language which is not an official language of the institutions of the European Union 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 institutions of the European Union, the Contracting Party shall ensure
simultaneous interpretation into French.

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ANNEX V

PROTOCOL I

Transitional arrangements between the European Community and the EC Member States, of one part, and the
Republic of Albania, of the other part

Article 1

Transitional periods

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

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

Article 2

Conditions relating to transition

1.

(i)

By the end of the first transitional period Albania shall:

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

(ii) apply ECAC Document 30 and shall endeavour to implement all aviation security legislation as provided in Annex I;

(iii) apply Regulation (EEC) No 3925/91 (on elimination of controls applicable to cabin and hold baggage), Regulation
(EEC) No 2409/92 (on fares and rates for air services), Directive 94/56/EC (on accident investigation), Regulation
(EC) No 2027/97 (on air carrier liability in the event of accidents), Directive 2003/42/EC (on occurrence reporting),
Regulation (EC) No 261/2004 (on denied boarding), Directive 2000/79/EC (on working time in civil aviation) and
Directive 2003/88/EC (on working time) as provided in Annex I;

(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 Conven-
tion);

(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 the Main Agreement or in Annex III, whichever is applicable.

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

2.
Annex I.

Article 3

Transitional arrangements

1.

Notwithstanding Article 1(1) of the Main 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;

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(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.

For the purpose of this Article, ‘Community air carrier’ shall mean an air carrier licensed by an EC Member State,

2.
Norway or Iceland.

Articles 7 and 8 of the Main Agreement shall not apply until the end of the second transitional period, without
3.
prejudice to the obligation of Albania and of the Community to grant operating licences in accordance with the acts
specified in Annex I, respectively, to carriers which are majority owned or effectively controlled by the EC Member
States or their nationals and to carriers which are majority owned or effectively controlled by Albania or its nationals
from the end of the first transitional period.

Article 4

Aviation safety

At the start of the first transitional period Albania shall be involved as observer in the work of the European Avia-

1.
tion Safety Agency.

2.
At the end of the second transitional period the Joint Committee established under Article 18 of the Main Agree-
ment 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
3.
require that the permission for an air carrier licensed by Albania to operate on air routes to, from or within the Euro-
pean Community be made subject to a specific safety assessment. Such assessment shall be made by the European Com-
munity 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

1.
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
2.
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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Transitional arrangements between the European Community and the EC Member States, of one part, and
Bosnia and Herzegovina, of the other part

PROTOCOL II

Article 1

Transitional periods

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

2.
The second transitional period shall extend from the end of the first transitional period until all conditions set out
in Article 2(2) of this Protocol 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.

(i)

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

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

(ii) apply ECAC Document 30 and shall endeavour to implement all aviation security legislation as provided in Annex I;

(iii) apply Regulation (EEC) No 3925/91 (on elimination of controls applicable to cabin and hold baggage), Regulation
(EEC) No 2409/92 (on fares and rates for air services), Directive 94/56/EC (on accident investigation), Directive
96/67/EC (on ground handling), Regulation (EC) No 2027/97 (on air carrier liability in the event of accidents),
Directive 2003/42/EC (on occurrence reporting), Regulation (EC) No 261/2004 (on denied boarding), Directive
2000/79/EC (on working time in civil aviation) and Directive 2003/88/EC (on working time) as provided in Annex I;

(iv) ratify the Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Conven-

tion);

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

2.

(i)

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

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;

(ii) apply this Agreement including all legislation set out in Annex I.

Article 3

Transitional arrangements

1.

Notwithstanding Article 1(1) of the Main Agreement:

(a) during the first transitional period:

(i) Community air carriers and air carriers licensed by Bosnia and Herzegovina shall be permitted to exercise unlim-

ited 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;

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(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.

For the purpose of this Article, ‘Community air carrier’ shall mean an air carrier licensed by an EC Member State,

2.
Norway or Iceland.

Articles 7 and 8 of the Main Agreement shall not apply until the end of the second transitional period, without
3.
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, respectively, to carriers which are majority owned or effectively controlled by the EC
Member States or their nationals and to carriers which are majority owned or effectively controlled by Bosnia and Herze-
govina or its nationals from the end of the first transitional period.

Article 4

Aviation safety

At the start of the first transitional period Bosnia and Herzegovina shall be involved as observer in the work of the

1.
European Aviation Safety Agency.

2.
At the end of the second transitional period the Joint Committee established under Article 18 of the Main Agree-
ment 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
3.
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

1.
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
2.
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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Transitional arrangements between the European Community and the EC Member States, of one part, and the
Republic of Bulgaria, of the other part

PROTOCOL III

Article 1

Transitional period

The transitional period shall extend from the entry into force of this Agreement until all conditions set out in
1.
Article 2 of this Protocol 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
Union.

References to the ‘second transitional period’ in this Agreement or in its Annexes shall mean in the case of Bulgaria

2.
the transitional period referred to in paragraph 1.

Article 2

Conditions relating to transition

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

Article 3

Transitional arrangements

1.

Notwithstanding Article 1(1) of the Main Agreement,

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.

For the purpose of this Article, ‘Community air carrier’ shall mean an air carrier licensed by an EC Member State,

2.
Norway or Iceland.

3.
Articles 7 and 8 of the Main 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, respectively, to carriers which are majority owned or effectively controlled by the EC Member States or their
nationals and to carriers which are majority owned or effectively controlled by Bulgaria or its nationals from the begin-
ning of the transitional period.

Article 4

Aviation safety

At the end of the transitional period the Joint Committee established under Article 18 of the Main Agreement shall

1.
determine the precise status and conditions for the participation of Bulgaria in the European Aviation Safety Agency.

2.
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 Com-
munity 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 Com-
munity 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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transitional arrangements between the European Community and the EC Member States, of one part, and the
Republic of Croatia, of the other part

PROTOCOL IV

Article 1

Transitional periods

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

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

Article 2

Conditions relating to transition

1.

(i)

By the end of the first transitional period Croatia shall:

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

(ii) apply ECAC Document 30 and shall endeavour to implement all the aviation security legislation as provided in

Annex I;

(iii) apply Regulation (EEC) No 3925/91 (on the elimination of controls applicable to cabin and hold baggage), Regu-
lation (EEC) No 2409/92 (on fares and rates for air services), Directive 94/56/EC (on accident investigation), Direc-
tive 96/67/EC (on ground handling), Regulation (EC) No 2027/97 (on air carrier liability in the event of accidents),
Directive 2003/42/EC (on occurrence reporting), Regulation (EC) No 261/2004 (on denied boarding), Directive
2000/79/EC (on working time in civil aviation) and Directive 2003/88/EC (on working time) as provided in Annex I;

(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 Conven-
tion);

(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 the Main Agreement or in Annex III of this Agreement, whichever is applicable.

By the end of the second transitional period Croatia shall apply this Agreement including all the legislation set out

2.
in Annex I.

Article 3

Transitional arrangements

1.

Notwithstanding Article 1(1) of the Main 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;

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(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,

2.
Norway or Iceland.

3.
Articles 7 and 8 of the Main 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, respectively, to carriers which are majority owned or effectively controlled by the EC Member
States or their nationals and to carriers which are majority owned or effectively controlled by Croatia or its nationals
from the end of the first transitional period.

Article 4

Aviation safety

At the start of the first transitional period Croatia shall be involved as observer in the work of the European Avia-

1.
tion Safety Agency.

2.
At the end of the second transitional period the Joint Committee established under Article 18 of the Main Agree-
ment shall determine the precise status and conditions for the participation of Croatia in the European Aviation Safety
Agency.

3.
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

1.
shall be made available to the appropriate authority of Croatia.

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 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.

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Transitional arrangements between the European Community and the EC Member States, of one part, and the
former Yugoslav Republic of Macedonia, on the other part

PROTOCOL V

Article 1

Transitional periods

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

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

Article 2

Conditions relating to transition

1.

(i)

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

be a full member of the Joint Aviation Authorities and shall endeavour to implement all the aviation safety legisla-
tion as provided in Annex I;

(ii) apply ECAC Document 30 and shall endeavour to implement all the aviation security legislation as provided in

Annex I;

(iii) apply Regulation (EEC) No 3925/91 (on elimination of controls applicable to cabin and hold baggage), Regulation
(EEC) No 2409/92 (on fares and rates for air services), Directive 94/56/EC (on accident investigation), Directive
96/67/EC (on ground handling), Directive 2003/42/EC (on occurrence reporting), Directive 2000/79/EC (on
working time in civil aviation) and Directive 2003/88/EC (on working time) as provided in Annex I;

(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 Conven-
tion);

(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 the Main Agreement or in Annex III of this Agreement, whichever is applicable.

By the end of the second transitional period the former Yugoslav Republic of Macedonia shall apply this Agree-

2.
ment including all the legislation set out in Annex I.

Article 3

Transitional arrangements

1.

Notwithstanding Article 1(1) of the Main 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.

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(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 Yugo-
slav 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.

For the purpose of this Article, ‘Community air carrier’ shall mean an air carrier licensed by an EC Member State,

2.
Norway or Iceland.

3.
Articles 7 and 8 of the Main 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 Annex I, respectively, to carriers which are majority owned or effectively
controlled by the EC Member States or their nationals and to 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 Article 2 of this Protocol, upon entry into force of this Agreement the former Yugoslav Republic of
Macedonia shall:

(i)

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

(ii) enforce that air carriers licensed by the former Yugoslav Republic of Macedonia comply in practice with Regulation

(EC) No 261/2004;

(iii) 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

At the start of the first transitional period the former Yugoslav Republic of Macedonia shall be involved as observer

1.
in the work of the European Aviation Safety Agency.

2.
At the end of the second transitional period the Joint Committee established under Article 18 of the Main Agree-
ment shall determine the precise status and conditions for the participation of the former Yugoslav Republic of Mace-
donia in the European Aviation Safety Agency.

Until the end of the second transitional period, if safety deficiencies are identified the European Community may
3.
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

At the start of the second transitional period the confidential part of the security legislation as provided in Annex I

1.
shall be made available to the appropriate authority of the former Yugoslav Republic of Macedonia.

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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Transitional arrangements between the European Community and the EC Member States, of one part, and the
Republic of Serbia, of the other part

PROTOCOL VI

Article 1

Transitional periods

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

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

Article 2

Conditions relating to transition

1.

(i)

By the end of the first transitional period the Republic of Serbia shall:

be a full member of the Joint Aviation Authorities and shall endeavour to implement all the aviation safety legisla-
tion as provided in Annex I;

(ii) apply ECAC Document 30 and shall endeavour to implement all the aviation security legislation as provided in

Annex I;

(iii) apply Regulation (EEC) No 3925/91 (on elimination of controls applicable to cabin and hold baggage), Regulation
(EEC) No 2409/92 (on fares and rates for air services), Directive 94/56/EC (on accident investigation), Directive
96/67/EC (on ground handling), Regulation (EC) No 2027/97 (on air carrier liability in the event of accidents),
Directive 2003/42/EC (on occurrence reporting), Regulation (EC) No 261/2004 (on denied boarding), Directive
2000/79/EC (on working time in civil aviation) and Directive 2003/88/EC (on working time) as provided in Annex I;

(iv) separate the air traffic service provider and the regulatory body for the Republic of Serbia, establish a supervisory
body for the Republic of Serbia for air traffic services, start the reorganisation of the airspace of the Republic of
Serbia 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 Conven-
tion);

(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 the Main Agreement or in Annex III of this Agreement, whichever is applicable.

By the end of the second transitional period the Republic of Serbia shall apply this Agreement including all legisla-

2.
tion set out in Annex I.

Article 3

Transitional arrangements

1.

Notwithstanding Article 1(1) of the Main Agreement:

(a) during the first transitional period:

(i) Community air carriers and air carriers licensed by the Republic of Serbia shall be permitted to exercise unlim-

ited traffic rights between any point in the Republic of Serbia and any point in an EC Member State;

(ii) Community air carriers shall not be majority owned or effectively controlled by the Republic of Serbia or its
nationals and air carriers licensed by the Republic of Serbia shall not be majority owned or effectively controlled
by EC Member States or their nationals;

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(b) during the second transitional period:

(i) Community air carriers and air carriers licensed by the Republic of Serbia 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 Republic of
Serbia 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 Republic of Serbia 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 Republic of Serbia.

For the purpose of this Article, ‘Community air carrier’ shall mean an air carrier licensed by an EC Member State,

2.
Norway or Iceland.

Articles 7 and 8 of the Main Agreement shall not apply until the end of the second transitional period, without
3.
prejudice to the obligation of the Republic of Serbia and of the Community to grant operating licences in accordance
with the acts specified in Annex I, respectively, to carriers which are majority owned or effectively controlled by the EC
Member States or their nationals and to carriers which are majority owned or effectively controlled by the Republic of
Serbia or its nationals from the end of the first transitional period.

Article 4

Aviation safety

At the start of the first transitional period the Republic of Serbia shall be involved as observer in the work of the

1.
European Aviation Safety Agency.

2.
At the end of the second transitional period the Joint Committee established under Article 18 of the Main Agree-
ment shall determine the precise status and conditions for the participation of the Republic of Serbia in the European
Aviation Safety Agency.

Until the end of the second transitional period, if safety deficiencies are identified, the European Community may
3.
require that the permission for an air carrier licensed by the Republic of Serbia 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

1.
shall be made available to the appropriate authority of the Republic of Serbia.

Until the end of the second transitional period, if security deficiencies are identified, the European Community
2.
may require that the permission for an air carrier licensed by the Republic of Serbia 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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Transitional arrangements between the European Community and the EC Member States, of one part, and the
Republic of Montenegro, of the other part

PROTOCOL VII

Article 1

Transitional periods

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

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

Article 2

Conditions relating to transition

1.

(i)

By the end of the first transitional period the Republic of Montenegro shall:

be a full member of the Joint Aviation Authorities and shall endeavour to implement all the aviation safety legisla-
tion as provided in Annex I;

(ii) apply ECAC Document 30 and shall endeavour to implement all the aviation security legislation as provided in

Annex I;

(iii) apply Regulation (EEC) No 3925/91 (on elimination of controls applicable to cabin and hold baggage), Regulation
(EEC) No 2409/92 (on fares and rates for air services), Directive 94/56/EC (on accident investigation), Directive
96/67/EC (on ground handling), Regulation (EC) No 2027/97 (on air carrier liability in the event of accidents),
Directive 2003/42/EC (on occurrence reporting), Regulation (EC) No 261/2004 (on denied boarding), Directive
2000/79/EC (on working time in civil aviation) and Directive 2003/88/EC (on working time) as provided in Annex I;

(iv) separate the air traffic service provider and the regulatory body for the Republic of Montenegro, establish a supervi-
sory body for the Republic of Montenegro for air traffic services, start the reorganisation of the airspace of the
Republic of Montenegro 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 Conven-
tion);

(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 the Main Agreement or in Annex III of this Agreement, whichever is applicable.

By the end of the second transitional period the Republic of Montenegro shall apply this Agreement including all

2.
legislation set out in Annex I.

Article 3

Transitional arrangements

1.

Notwithstanding Article 1(1) of the Main Agreement:

(a) during the first transitional period:

(i) Community air carriers and air carriers licensed by the Republic of Montenegro shall be permitted to exercise
unlimited traffic rights between any point in the Republic of Montenegro and any point in an EC Member State;

(ii) Community air carriers shall not be majority owned or effectively controlled by the Republic of Montenegro or
its nationals and air carriers licensed by the Republic of Montenegro shall not be majority owned or effectively
controlled by EC Member States or their nationals;

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(b) during the second transitional period:

(i) Community air carriers and air carriers licensed by the Republic of Montenegro 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 Republic of
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 the Republic of 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 the Republic of Monte-
negro.

For the purpose of this Article, ‘Community air carrier’ shall mean an air carrier licensed by an EC Member State,

2.
Norway or Iceland.

3.
Articles 7 and 8 of the Main Agreement shall not apply until the end of the second transitional period, without
prejudice to the obligation of the Republic of Montenegro and of the Community to grant operating licences in accord-
ance with the acts specified in Annex I, respectively, to carriers which are majority owned or effectively controlled by
the EC Member States or their nationals and to carriers which are majority owned or effectively controlled by the
Republic of Montenegro or its nationals from the end of the first transitional period.

Article 4

Aviation safety

At the start of the first transitional period the Republic of Montenegro shall be involved as observer in the work of

1.
the European Aviation Safety Agency.

2.
At the end of the second transitional period the Joint Committee established under Article 18 of the Main Agree-
ment shall determine the precise status and conditions for the participation of the Republic of Montenegro in the Euro-
pean Aviation Safety Agency.

3.
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 Republic of 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

1.
shall be made available to the appropriate authority of the Republic of Montenegro.

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 Republic of 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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Transitional arrangements between the European Community and the EC Member States, of one part, and
Romania, of the other part

PROTOCOL VIII

Article 1

Transitional period

The transitional period shall extend from the entry into force of this Agreement until all conditions set out in
1.
Article 2 of this Protocol have been fulfilled by Romania as verified by an assessment carried out by the European Com-
munity.

2.
References to the ‘second transitional period’
Romania the transitional period referred to in paragraph 1.

in this Agreement or in its Annexes shall mean in the case of

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

Article 2

Conditions relating to transition

Article 3

Transitional arrangements

1.

Notwithstanding Article 1(1) of the Main Agreement:

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.

For the purpose of this Article, ‘Community air carrier’ shall mean an air carrier licensed by an EC Member State,

2.
Norway or Iceland.

3.
Articles 7 and 8 of the Main 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, respectively, to carriers which are majority owned or effectively controlled by the EC Member States or their
nationals and to carriers which are majority owned or effectively controlled by Romania or its nationals from the begin-
ning of the transitional period.

Article 4

Aviation safety

At the end of the transitional period the Joint Committee established under Article 18 of the Main Agreement shall

1.
determine the precise status and conditions for the participation of Romania in the European Aviation Safety Agency.

2.
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 Com-
munity 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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Transitional arrangements between the European Community and the EC Member States, of the one part, and
the United Nations Interim Administration in Kosovo, of the other part

PROTOCOL IX

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

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

Article 3

Conditions relating to transition

1.

(i)

By the end of the first transitional period UNMIK shall:

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 aviation safety legislation as
provided in Annex I;

(ii) apply ECAC Document 30 and shall endeavour to implement all aviation security legislation as provided in Annex I;

(iii) apply Regulation (EEC) No 3925/91 (on elimination of controls applicable to cabin and hold baggage), Regulation
(EEC) No 2409/92 (on fares and rates for air services), Directive 94/56/EC (on accident investigation), Regulation
(EC) No 2027/97 (on air carrier liability in the event of accidents), Directive 2003/42/EC (on occurrence reporting),
Regulation (EC) No 261/2004 (on denied boarding), Directive 2000/79/EC (on working time in civil aviation) and
Directive 2003/88/EC (on working time) as provided in Annex I;

(iv) separate the air traffic service provider and the regulatory body, establish or designate a supervisory body for air

traffic services;

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

Convention);

(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 the Main Agreement or in Annex III, whichever is applicable.

By the end of the second transitional period UNMIK shall apply this Agreement including all the legislation set out

2.
in Annex I.

Article 4

Transitional arrangements

1.

Notwithstanding Article 1(1) of the Main 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;

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(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.

For the purpose of this Article, ‘Community air carrier’ shall mean an air carrier licensed by an EC Member State,

2.
Norway or Iceland.

Articles 7 and 8 of the Main Agreement shall not apply until the end of the second transitional period, without
3.
prejudice to the obligation of UNMIK and of the Community to grant operating licences in accordance with the acts
specified in Annex I, respectively, to carriers which are majority owned or effectively controlled by the EC Member
States or their nationals and to 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 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

At the start of the first transitional period UNMIK shall be involved as observer in the work of the European Avia-

1.
tion Safety Agency.

2.
At the end of the second transitional period the Joint Committee established under Article 18 of the Main Agree-
ment shall determine the precise status and conditions for the participation of UNMIK in the European Aviation Safety
Agency.

3.
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 Euro-
pean Community be made subject to a specific safety assessment. Such assessment shall be made by the European Com-
munity expeditiously in order to avoid any undue delay in the exercise of traffic rights.

Article 7

Aviation security

At the start of the second transitional period the confidential part of the security legislation as provided in Annex I

1.
shall be made available to the appropriate authority of UNMIK.

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.