Proposal for a COUNCIL DECISION on the signature, on behalf of the European Union, and provisional application of the Common Aviation Area Agreement between the European Union and its Member States, of the one part, and the Republic of Moldova, of the other part
Date: 2012-01-27
Institutions: European Commission
Subjects: Moldova, air space, air transport, freedom of the skies, interim agreement (EU)

EUROPEAN COMMISSION 

Brussels, 27.1.2012 
COM(2012) 19 final 

2012/0004 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the signature, on behalf of the European Union, and provisional application of the 
Common Aviation Area Agreement between the European Union and its Member 
States, of the one part, and the Republic of Moldova, of the other part 

 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

Context of the proposal 

•  Grounds for and objectives of the proposal 

The Common Aviation Area Agreement between the European Union and its Member 
States,  of  the  one  part,  and  the  Republic  of  Moldova,  of  the  other  part  has  been 
negotiated by the Commission as authorised by the Council in June 2011. Air services 
between the EU and the Republic of Moldova presently operate on the basis of bilateral 
agreements between individual Member States and the Republic of Moldova. It is part 
of the EU's external aviation policy to negotiate comprehensive air services agreements 
with  neighbouring  countries  where  the  added  value  and  economic  benefits  of  such 
agreements have been demonstrated. The Agreement aims at: 

-  gradual  market  opening  in  terms  of  access  to  routes  and  capacity  on  a  reciprocal 
basis; 
-  promoting  regulatory  cooperation  and  harmonisation  of  regulations  and  approaches 
based on EU legislation in the field of aviation; 
-  promoting  air  services  based  on  competition  among  air  carriers  with  minimum 
government interference and regulation; 
- non-discrimination and level playing field for economic operators. 

•  General context 

The negotiating directives set out the general objective of negotiating a comprehensive 
air  transport  agreement  with  the  aim  of  gradually  and  reciprocally  opening  market 
access  and  ensuring  regulatory  convergence  and  effective  implementation  of  EU 
standards. 

In accordance with the negotiating directives, a draft Agreement with the Republic of 
Moldova was initialled by the two sides on 26 October 2011.  

•  Existing provisions in the area of the proposal 

The  provisions  of  the  Agreement  shall  prevail  over  the  relevant  provisions  of  the 
existing bilateral air services agreements between Member States and the Republic of 
Moldova.  However,  existing  traffic  rights  which  originate  from  these  bilateral 
agreements  and  which  are  not  covered  under  this  Agreement  can  continue  to  be 
exercised,  provided  that  there  is  no  discrimination  between  the  Member States  and 
their nationals. 

•  Consistency with the other policies and objectives of the Union 

The  conclusion  of  a  comprehensive  air  transport  agreement  with  the  Republic  of 
Moldova is an important element in the development of the EU external aviation policy 
and  in  particular  a  wider  European  Common  Avition  Area,  as  described  in  the 
Commission  Communication  COM(2005)  79  final  "Developing  the  agenda  for  the 
Community's external aviation policy".  

2. 

Consultation of interested parties and impact assessment 

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In  line  with  Art.  218  (4)  TFEU  the  Commission  has  conducted  the  negotiations  in 
consultation with a special committee. 

In addition, it consulted interested parties throughout the process. 

•  Consultation of interested parties 

Consultation methods, main sectors targeted and general profile of respondents 

The  Commission  has  consulted  with  stakeholders,  in  particular  via  the  Consultative 
Forum comprising representatives of air carriers, airports, and labour organisations. 

Summary of responses and how they have been taken into account 

All comments from stakeholders were duly taken into consideration in the preparation 
of the Union's negotiating position. 

•  Collection and use of expertise 

There was no need for external expertise. 

•  Impact assessment 

The Agreement ensures the gradual opening of the air transport market between the EU 
and  the  Republic  of  Moldova.  A  report  prepared  for  the  Commission  in  2011  by 
consultants, estimated that the economic benefit of such an agreement is estimated at 
around  € 17 Mio p.a.  (mainly  due  to  lower  ai r  fares,  increased  air  travel  and  the 
associated economic activity). The analysis also showed that air fares on popular routes 
are  likely  to  drop  significantly  as  a  result  of  increased  competition.  The  Agreement 
would also help improve "doing business" issues for EU carriers. 

The report has been made available to Member States and stakeholders via the CIRCA 
database. 

The Agreement establishes a Joint Committee which will be responsible for reviewing 
the implementation of the Agreement and its effects.  

3. 

Legal elements of the proposal 

•  Summary of the proposed action 

The  Agreement  consists  of  the  main  body  including  the  main  principles,  and  two 
annexes:  Annex  I  on  route  schedule,  traffic  rights  and  operational  flexibility,  and 
Annex II on bilateral air services agreements. 

•  Legal basis 

Article  100  (2),  in  conjunction  with  Article  218  (5)  and  (8)  ,  first  paragraph  of  the 
Treaty on the Functioning of the European Union. 

•  Subsidiarity principle 

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The  subsidiarity  principle  applies  insofar  as  the  proposal  does  not  fall  under  the 
exclusive competence of the Union. 

The  objectives  of  the  proposal  cannot  be sufficiently  achieved  by  the  Member  States 
for the following reason(s). 

The  provisions  of  the  Agreement  will  prevail  over  the  relevant  provisions  of  the 
existing  arrangements  made  by  individual  Member  States.  The  Agreement  creates 
simultaneously  for  all  Union  air  carriers  equal  and  uniform  conditions  for  market 
access, and establishes new arrangements for regulatory co-operation and convergence 
between  the  European  Union  and  the  Republic  of  Moldova  in  fields  essential  for  the 
safe,  secure,  and  efficient  operation  of  air  services.  These  arrangements  can  only  be 
achieved  at  Union  level  because  they  involve  a  number  of  areas  of  exclusive  Union 
competence. 

Union  action  will  better  achieve  the  objectives  of  the  proposal  for  the  following 
reason(s). 

The  Agreement  allows  for  the  simultaneous  extension  of  its  terms  to  the  27  Member 
States,  applying  the  same  rules  without  discrimination  and  benefiting  all  Union  air 
carriers regardless of their nationality. These carriers will be able to operate freely from 
any  point  in  the  European  Union  to  any  point  in  the  Republic  of  Moldova  which  is 
currently not the case. 

Removal of all market access restrictions between the EU and the Republic of Moldova 
will not only attract new entrants to the market and create opportunities to operate to 
underserved airports, but will also facilitate consolidation between EU air carriers. 

The Agreement secures for all EU air carriers access to commercial opportunities, such 
as the possibility to freely establish prices. One further objective of the mandate is to 
create a level playing field between all EU and Moldovan air carriers, and this requires 
strong regulatory co-operation which can only be  delivered at Union  level.  Finally, a 
key objective of the mandate was to create a framework for addressing and resolving 
"doing  business"  obstacles  faced  by  EU  carriers  in  the  Republic  of  Moldova.  The 
Union will have more leverage in seeking to resolve these problems than is possible at 
national level.  

The proposal therefore complies with the subsidiarity principle. 

•  Proportionality principle 

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

A Joint Committee will be established to discuss matters related to the implementation 
of  the  Agreement.  The  Joint  Committee  will  monitor  safety  aspects  related  to  the 
aAgreement, foster expert-level exchanges on new legislative or regulatory initiatives 
or  developments  and  consider  potential  areas  for  further  development  of  the 
Agreement.  The  Joint  Committee  will  be  composed  of  representatives  of  the 
Commission and the Member States. 

Furthermore,  Member  States  will  continue  to  carry  out  the  traditional  administrative 

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tasks they execute in the context of international air transport, but under common rules 
applied uniformly. 

•   

•  Choice of instruments 

Proposed instruments: international agreement 

Other means would not be adequate for the following reason(s). 

External aviation relations can only be given effect through international agreements. 

4. 

Budgetary implication 

The proposal has no implication for the Union budget. 

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2012/0004 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the signature, on behalf of the European Union, and provisional application of the 
Common Aviation Area Agreement between the European Union and its Member 
States, of the one part, and the Republic of Moldova, of the other part 

THE COUNCIL OF THE EUROPEAN UNION 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union  and  in  particular 
Article 100 (2), in conjunction with Article 218 (5) and (8) , first paragraph thereof, 

Having regard to the proposal from the European Commission, 

Whereas 

(1) 

the  Commission  has  negotiated  on  behalf  of  the  Union  and  of  the  Member  States  a 
Common  Aviation  Area  Agreement  between  the  Republic  of  Moldova  and  the 
European Union and its Member States (hereinafter, the “Agreement”) in accordance 
with  the  Council  Decision  of  16  June  2011  authorising  the  Commission  to  open 
negotiations.  The  negotiations  were  successfully  concluded  by  the  initialling  of  the 
Agreement on 26 October2011; 

(2) 

the  Agreement  should  be  signed  and  applied  provisionally  by  the  Union  and  the 
Member States, subject to its conclusion at a later date; 

HAS ADOPTED THIS DECISION:  

Article 1 
Signature 

1. 

2. 

The signing of the Common Aviation Area Agreement between the European Union 
and  its  Member  States,  of  the  one  part,  and  the  Republic  of  Moldova,  of  the  other 
part, is hereby approved on behalf of the Union, subject to the conclusion of the said 
Agreement. 

The text of the Agreement is annexed to this Decision. 

The Council Secretariat General shall establish the instrument of full powers to sign 
the Agreement, subject to its conclusion, for the person(s) indicated by the negotiator 
of the Agreement. 

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Article 2 
Provisional application 

Pending  its  entry  into  force,  the  Agreement  shall  be  applied  on  a  provisional  basis  by  the 
Union  and  by  the  Member  States,  in  accordance  with  their  internal  procedures  and/or 
domestic legislation as applicable, from the date of signature of the Agreement. 

Article 3  
Joint Committee 

Representatives of the European Union and the Member States shall be represented 
in the Joint Committee established under Article 22 of the Agreement. 

The European Union shall be represented in the Joint Committee by the Commission  

The  position  to  be  taken  by  the  European  Union  within  the  Joint  Committee  with 
respect to matters of EU competence that do not require the adoption of a decision 
having  legal  effect  shall  be  established  by  the  Commission  and  will  be  notified  in 
advance to the Council. 

For Joint Committee decisions concerning matters that fall within the competence of 
the  EU,  the  position  to  be  taken  by  the  European  Union  shall  be  adopted  by  the 
Council, acting by qualified majority on a proposal from the Commission, unless the 
applicable voting procedures set down in the EU Treaties provide otherwise. 

For  Joint  Committee  decisions  concerning  matters  that  fall  within  Member  States' 
competence, the position to be taken by the European Union and its Member States 
will  be  adopted  by  the  Council,  acting  by  unanimity,  on  a  proposal  from  the 
Commission  or  from  Member  States,  unless  a  Member  State  has  informed  the 
General Secretariat of the Council within one month of the adoption of that position 
that it can only consent to the decision to be taken by the Joint Committee with the 
agreement of its legislative bodies. 

Article 4 
Settlement of Disputes 

The Commission shall represent the Union in dispute  settlement proceedings under 
Article 23 of the Agreement.  

Any  appropriate  action  to  be  taken  under  Article  23  of  the  Agreement  on  matters 
which fall within the Union competence shall be decided upon by the Commission, 
in  consultation  with  a  Special  Committee  of  representatives  of  the  Member  States 
appointed by the Council.  

Article 5  
Information to the Commission 

Member  States  shall  inform  in  advance  the  Commission  of  any  decision  to  refuse, 
revoke, suspend or limit the authorisation of an airline  of the Republic of Moldova 
that they intend to adopt under Article 5 of the Agreement. 

Member  States  shall  inform  the  Commission  immediately  of  any  requests  or 
notifications made or received by them under Article 14 (Safety) of the Agreement. 

1. 

2. 

3. 

4. 

5. 

1. 

2. 

1. 

2. 

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3. 

Member  States  shall  inform  the  Commission  immediately  of  any  requests  or 
notifications  made  or  received  by  them  under  Article  15  (Aviation  security)  of  the 
Agreement. 

Done at Brussels, […] 

For the Council 
The President 
[…] 

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ANNEX  

COMMON AVIATION AREA AGREEMENT 

BETWEEN THE EUROPEAN UNION AND ITS MEMBER STATES 

AND THE REPUBLIC OF MOLDOVA 

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THE KINGDOM OF BELGIUM, 

THE REPUBLIC OF BULGARIA, 

THE CZECH REPUBLIC, 

THE KINGDOM OF DENMARK, 

THE FEDERAL REPUBLIC OF GERMANY, 

THE REPUBLIC OF ESTONIA, 

IRELAND, 

THE HELLENIC REPUBLIC, 

THE KINGDOM OF SPAIN, 

THE FRENCH REPUBLIC, 

THE ITALIAN REPUBLIC, 

THE REPUBLIC OF CYPRUS, 

THE REPUBLIC OF LATVIA, 

THE REPUBLIC OF LITHUANIA, 

THE GRAND DUCHY OF LUXEMBOURG, 

THE REPUBLIC OF HUNGARY, 

MALTA, 

THE KINGDOM OF THE NETHERLANDS, 

THE REPUBLIC OF AUSTRIA, 

THE REPUBLIC OF POLAND, 

THE PORTUGUESE REPUBLIC, 

ROMANIA, 

THE REPUBLIC OF SLOVENIA, 

THE SLOVAK REPUBLIC, 

THE REPUBLIC OF FINLAND, 

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THE KINGDOM OF SWEDEN, 

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, 

Parties to the Treaty on European Union and the Treaty on the Functioning of the European Union 
(hereinafter  referred  together  as  "the  EU  Treaties"),  and  being  Member  States  of  the  European 
Union (hereinafter referred to as the "Member States"), and 

THE EUROPEAN UNION, 

THE REPUBLIC OF MOLDOVA, 

of the one part, and 

of the other part, 

NOTING the Agreement on Partnership and Cooperation between the European Communities and 
their  Member States,  of  the  one  part,  and  the  Republic  of  Moldova,  of  the  other  part,  done  at 
Brussels on 28 November 1994; 

DESIRING  to  create  a  Common  Aviation  Area  (CAA)  based  on  the  goal  of  opening  access  to 
markets  of  the  Parties,  with  equal  conditions  of  competition,  and  respect  of  the  same  rules –
 including  in  the  areas  of  safety,  security,  air  traffic  management,  social  aspects  and 
the environment; 

DESIRING  to  facilitate  the  expansion  of  air  transport  opportunities,  including  through  the 
development of air transport networks to meet the needs of passengers and shippers for convenient 
air transport services; 

RECOGNISING the importance of air transport in promoting trade, tourism and investment; 

NOTING  the  Convention  on  International  Civil  Aviation,  opened  for  signature  at  Chicago 
on 7 December 1944; 

AGREEING that it is appropriate to base the CAA rules on the relevant legislation in force within 
the European Union, as laid down in Annex III to this Agreement; 

RECOGNISING  that  full  compliance  with  the  CAA  rules  entitle  the  Parties  to  reap  its  full 
advantages including opening access to markets and maximising benefits for the consumers, and the 
industries and labour of both Parties; 

RECOGNISING that the creation of the CAA and implementation of its rules cannot be achieved 
without transitional arrangements where necessary; 

RECOGNISING the importance of adequate assistance in this regard; 

DESIRING  to  make  it  possible  for  air  carriers  to  offer  the  travelling  and  shipping  public 
competitive prices and services in open markets; 

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DESIRING  to  have  all  sectors  of  the  air  transport  industry,  including  air  carrier  workers,  benefit 
from a liberalised agreement; 

DESIRING  to  ensure  the  highest  degree  of  safety  and  security  in  international  air  transport  and 
reaffirming their grave concern with regard to acts or threats against the security of aircraft, which 
jeopardise the safety of persons or property, adversely affect the operation of aircraft and undermine 
the confidence of the travelling public in the safety of civil aviation; 

DESIRING to ensure a level playing field for air carriers, allowing fair and equal opportunity for 
their air carriers to provide the agreed services; 

RECOGNISING that subsidies may adversely affect air carrier competition and may jeopardise the 
basic objectives of this Agreement; 

AFFIRMING  the  importance  of  protecting  the  environment  in  developing  and  implementing 
international  aviation  policy  and  recognising  the  rights  of  sovereign  States  to  take  appropriate 
measures to this effect; 

NOTING  the  importance  of  protecting  consumers,  including  the  protections  afforded  by  the 
Convention  for  the  Unification  of  Certain  Rules  for  International  Carriage  by  Air,  done  at 
Montreal 28 May 1999; 

INTENDING  to  build  upon  the  framework  of  existing  air  transport  agreements  with  the  goal  of 
opening  access  to  markets  and  maximising  benefits  for  the  consumers,  air  carriers,  labour,  and 
communities of both Parties; 

HAVE AGREED AS FOLLOWS: 

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ARTICLE 1 

Definitions 

For the purposes of this Agreement, unless otherwise stated, the term: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

"Agreed  services"  and  "Specified  routes"  mean  international  air  transport  pursuant  to 
Article 2 (Grant of Rights) of, and Annex I to, this Agreement; 

"Agreement" means this Agreement, its Annexes, and any amendments thereto; 

"Air  transport"  means  the  carriage  by  aircraft  of  passengers,  baggage,  cargo,  and  mail, 
separately or in combination, held out to the public for remuneration or hire, which, for the 
avoidance of doubt, shall include scheduled and non-scheduled (charter) services, and full 
cargo services; 

"Competent  authorities"  means  the  government  agencies  or  entities  responsible  for  the 
administrative functions under this Agreement; 

"Fitness" means whether an air carrier is fit to operate international air services, that is to 
say, whether it has satisfactory financial capability and adequate managerial expertise and 
is  disposed  to  comply  with  the  laws,  regulations,  and  requirements  which  govern  the 
operation of such services; 

"Citizenship" means whether an air carrier satisfies requirements regarding such issues as 
its ownership, effective control, and principal place of business. 

"Convention" means the Convention on International Civil Aviation, opened for signature 
at Chicago on 7 December 1944, and includes: 

(a) 

(b) 

any amendment that has entered into force under Article 94(a) of the Convention and 
has been ratified by both the Republic of Moldova and the Member State or Member 
States of the European Union, and 

any  Annex  or  any  amendment  thereto  adopted  under  Article 90  of  the  Convention, 
insofar  as  such  Annex  or  amendment  is  at  any  given  time  effective  for  both  the 
Republic  of  Moldova  and  the  Member State  or  Member  States  of  the  European 
Union as is relevant to the issue in question; 

"Fifth  freedom  right"  means  the  right  or  privilege  granted  by  one  state  (the  "Granting 
State") to the air carriers of another State ("the Recipient State"), to provide international 
air transport services between the territory of the Granting State and the territory of a third 
state, subject to the condition that such services originate or terminate in the territory of the 
Recipient State; 

"Full cost" means the cost of providing service plus a reasonable charge for administrative 
overhead  and  where  relevant  any  applicable  charges  aimed  at  reflecting  environmental 
costs and applied without distinction as to nationality; 

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(10) 

(11) 

(12) 

(13) 

(14) 

"International air transport" means air transport which passes through the air space over the 
territory of more than one State; 

"ECAA Agreement" means the multilateral Agreement between the European Community 
and its Member States, the Republic of Albania, Bosnia and Herzegovina, the Republic of 
Croatia,  the  former  Yugoslav  Republic  of  Macedonia,  the  Republic  of  Iceland,  the 
Republic of Montenegro, the Kingdom of Norway, the Republic of Serbia and the United 
Nations  Interim  Administration  Mission  in  Kosovo1  on  the  establishment  of  a  European 
Common Aviation Area. 

"European Neighbourhood Policy partners" mean Algeria, Armenia, Azerbaijan, Belarus, 
Egypt,  Georgia,  Israel,  Jordan,  Lebanon,  Libya,  the  Republic  of  Moldova,  Morocco, 
Occupied Palestinian Territory, Syria, Tunisia and Ukraine. 

"National" means any person having Moldovan nationality for the Moldovan Party, or the 
nationality of a Member State for the European Party, or entity, insofar as, in the case of a 
legal  entity,  it  is  at  all  times  under  the  effective  control,  be  it  directly  or  by  majority 
participation, of persons having Moldovan nationality for the Moldovan Party, or persons 
or entities having the nationality of a Member State or one of the third countries identified 
in Annex IV for the European Party; 

"Operating Licences" means, (i) in the case of the European Union and its Member States 
operating  licences  and  any  other  relevant  documents  or  certificates  given  under  the 
relevant EU legislation in force and, (ii) in the case of licences of the Republic of Moldova, 
certificates  or  permits  given  under  the  relevant  legislation  in  force  in  the  Republic  of 
Moldova; 

(15) 

"Parties"  shall  mean,  on  the  one  hand,  the  European  Union  or  its  Member  States,  or  the 
European  Union  and  its  Member  States,  in  accordance  with  their  respective  powers  (the 
European Party), and, on the other hand, the Republic of Moldova (the Moldovan Party); 

(16) 

"Price" means: 

(i)  "air  fares"  to  be  paid  to  air  carriers  or  their  agents  or  other  ticket  sellers  for  the  carriage  of 
passengers  and  baggage  on  air  services  and  any  conditions  under  which  those  prices  apply, 
including remuneration and conditions offered to agency and other auxiliary services; and 

(ii) "air rates" to be paid for the carriage of mail and cargo and the conditions under which those 
prices apply, including remuneration and conditions offered to agency and other auxiliary services. 

This  definition  covers,  where  applicable,  the  surface  transport  in  connection  with 
international air transport, and the conditions to which their application is subject. 

(17) 

"Principal place of business" means the head office or registered office of an air carrier in 
the Party within which the principal financial functions and operational control, including 
continued airworthiness management, of the air carrier are exercised; 

1 

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

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(18) 

"Public service obligation" means any obligation imposed upon air carriers to ensure on a 
specified route the minimum provision of scheduled air services satisfying fixed standards 
of  continuity,  regularity,  pricing  and  minimum  capacity  which  air  carriers  would  not 
assume  if  they  were  solely  considering  their  commercial  interest.  Air  carriers  may  be 
compensated by the Party concerned for fulfilling public service obligations; 

(19) 

"Subsidy"  means  any  financial  contribution  granted  by  the  authorities  or  a  regional 
organisation or another public organisation, i.e. when: 

(a) 

(b) 

(c) 

(d) 

 a practice of a government or regional body or other public organisation involves a 
direct  transfer  of  funds  such  as  grants,  loans  or  equity  infusion,  potential  direct 
transfer of funds to the company, the assumption of liabilities of the company such as 
loan  guarantees,  capital  injections,  ownership,  protection  against  bankruptcy  or 
insurance; 

 revenue  of  a  government  or  regional  body  or  other  public  organisation  that  is 
otherwise due is foregone, not collected, or unduly diminished; 

 a  government  or  regional  body  or  other  public  organisation  provides  goods  or 
services other than general infrastructure, or purchases goods or services; or 

 a  government  or  regional  body  or  other  public  organisation  makes  payments  to  a 
funding mechanism or entrusts or directs a private body to carry out one or more of 
the  type  of  functions  illustrated  under (a), (b)  and (c)  which  would  normally  be 
vested  in  the  government  and,  in  practice,  in  no  real  sense  differs  from  practices 
normally followed by governments; 

and where a benefit is thereby conferred. 

(20) 

(21) 

"SESAR"  means  the  technological  element  of  the  Single  European  Sky  which  aims  by 
2020 to give the EU a high-performance air traffic control infrastructure to enable the safe 
and environmentally friendly development of air transport; 

"Territory"  means,  for  the  Republic  of  Moldova,  the  land  areas  and  territorial  waters 
adjacent  thereto  under  its  sovereignty,  suzerainty,  protection  or  mandate,  and,  for  the 
European Union, the land areas (mainland and islands), internal waters and territorial sea 
in  which  the  Treaty  on  the  European Union  and  the  Treaty  on  the  Functioning  of  the 
European Union is applied and under the conditions laid down in those Treaties and any 
successor  instrument.  The  application  of  this  Agreement  to  the  airport  of  Gibraltar  is 
understood  to  be  without  prejudice  to  the  respective  legal  positions  of  the  Kingdom  of 
Spain  and  the  United Kingdom  with  regard  to  the  dispute  over  sovereignty  over  the 
territory  in  which  the  airport  is  situated  and  to  the  continuing  suspension  of  Gibraltar 
Airport  from  EU aviation  measures  existing  as  at  18 September 2006  as  between 
Member States in accordance with the Ministerial Statement on Gibraltar Airport agreed in 
Cordoba on 18 September 2006;  

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(22) 

"User charge" means a charge imposed on air carriers for the provision of airport, airport 
environmental,  air  navigation,  or  aviation  security  facilities  or  services  including  related 
services and facilities; 

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TITLE I 

ECONOMIC PROVISIONS 

ARTICLE 2 

Grant of Rights 

1. 

Each Party shall grant to the other Party in accordance with in Annex I and Annex II, the 
following rights for the conduct of international air transport by the air carriers of the other 
Party: 

(a) 

the right to fly across its territory without landing; 

(b) 

the  right  to  make  stops  in  its  territory  for  any  purpose  other  than  taking  on  or 
discharging  passengers,  baggage,  cargo  and/or  mail  in  air  transport  (non-traffic 
purposes); 

(c)  while operating an agreed service on a specified route, the right to make stops in its 
territory  for  the  purpose  of  taking  up  and  discharging  international  traffic  in 
passengers, cargo and/or mail, separately or in combination; and 

(d) 

the rights otherwise specified in this Agreement. 

2. 

Nothing in this Agreement shall be deemed to confer on the air carriers of: 

(a)  The Republic of Moldova the right to take on board, in the territory of any Member 
State, passengers, baggage, cargo, and/or mail carried for compensation and destined 
for another point in the territory of that Member State; 

(b) 

the  European  Union  the  right  to  take  on  board,  in  the  territory  of  the  Republic  of 
Moldova,  passengers,  baggage,  cargo,  and/or  mail  carried  for  compensation  and 
destined for another point in the territory of the Republic of Moldova 

ARTICLE 3 

Authorisation 

1. 

On receipt of applications for operating authorisation from an air carrier of one Party the 
competent  authorities  of  the  other  Party  shall  grant  appropriate  authorisations  with 
minimum procedural delay, provided that: 

(a) 

for an air carrier of the Republic of Moldova: 

– 

the  air  carrier  has  its  principal  place  of  business  in  the  Republic  of  Moldova 
and holds a valid operating licence in accordance with the applicable law of the 
Republic of Moldova; and 

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– 

– 

effective regulatory control of the air carrier is exercised and maintained by the 
Republic of Moldova; and 

unless  otherwise  determined  under  Article  6  (Investment)  of  this  Agreement, 
the air carrier is owned, directly or through majority ownership, and effectively 
controlled by the Republic of Moldova and/or its nationals. 

(b) 

for an air carrier of the European Union: 

– 

– 

– 

the air carrier has  its  principal  place of business in the territory of  a Member 
State under the EU Treaties, and holds a valid operating licence; and 

effective regulatory control of the air carrier is exercised and maintained by the 
Member State  responsible  for  issuing  its  Air  Operators  Certificate  and  the 
relevant Competent Authority is clearly identified; and 

unless  otherwise  determined  under  Article  6  (Investment)  of  this  Agreement, 
the  air  carrier  is  owned,  directly  or  through  majority  ownership,  by 
Member States  and/or  by  nationals  of  the  Member States,  or  by  other  States 
listed in Annex IV, and/or of the nationals of these other States; 

(c) 

(d) 

the  air  carrier  meets  the  conditions  prescribed  under  the  laws  and  regulations 
normally applied by the competent authority; and 

the  provisions  set  forth  in  Article 14  (Aviation  Safety)  and  Article 15  (Aviation 
Security) of this Agreement are being maintained and administered. 

EN 

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ARTICLE 4 

Reciprocal Recognition of Regulatory Determinations 
with regard to Airline Fitness, ownership and control 

Upon  receipt  of  an  application  for  authorisation  from  an  air  carrier  of  one  Party,  the  competent 
authorities of the other Party shall recognise any fitness and/or citizenship determination made by 
the competent authorities of the first Party with respect to that air carrier as if such determination 
had been made by its own competent authorities, and not inquire further into such matters, except as 
provided for at Sections a) and b) below: 

(a) 

If, after receipt of an application for authorisation from an air carrier, or after the grant of 
such authorisation, the competent authorities of the receiving Party have a specific reason 
for concern that, despite the determination made by the competent authorities of the other 
Party including where issues of dual citizenship were involved, the conditions prescribed 
in Article 3 (Authorisation) of this Agreement for the grant of appropriate authorisations or 
permissions have not been met, then they are to promptly advise those authorities, giving 
substantive  reasons  for  their  concern.  In  that  event,  either  Party  may  seek  consultations, 
which may include representatives of the relevant competent authorities, and/or additional 
information relevant to this concern, and such requests are to be met as soon as practicable. 
If the matter remains unresolved, either Party may bring the matter to the Joint Committee 
set up under Article 22 (Joint Committee) of this Agreement. 

(b) 

This Article does not cover recognition of determinations in relation to: 

– 

– 

– 

Safety certificates or licences;  

Security arrangements; or 

Insurance coverage. 

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ARTICLE 5 

Refusal, Revocation, Suspension, Limitation of Authorisation 

1. 

The  competent  authorities  of  either  Party  may  refuse,  revoke,  suspend  or  limit  the 
operating  authorisations  or  otherwise  suspend  or  limit  the  operations  of  an  air  carrier  of 
another Party where: 

(a) 

for an air carrier of the Republic of Moldova: 

– 

– 

– 

the  air  carrier  does  not  have  its  principal  place  of  business  in  the  Republic  of 
Moldova or does not have a valid operating licence in accordance with the applicable 
law of the Republic of Moldova; or 

effective  regulatory  control  of  the  air  carrier  is  not  exercised  or  maintained  by  the 
Republic of Moldova; or 

unless otherwise determined under Article 6 (Investment) of this Agreement, the air 
carrier is not owned or effectively controlled, directly or through majority ownership, 
by the Republic of Moldova and/or nationals of the Republic of Moldova. 

(b) 

for an air carrier of the European Union: 

– 

– 

– 

the  air  carrier  does  not  have  its  principal  place  of  business  in  the  territory  of  a 
Member State under the EU Treaties, or does not have a valid operating licence; or 

effective regulatory control of the air carrier is not exercised and maintained by the 
Member State responsible for issuing its Air Operators Certificate or the competent 
authority is not clearly identified; or 

unless otherwise determined under Article 6 (Investment) of this Agreement, the air 
carrier  is  not  owned  and  effectively  controlled,  directly  or  through  majority 
ownership,  by  Member States  and/or  nationals  of  Member States,  or  by  the  other 
States listed in Annex IV, and/or nationals of these other States; 

the  air  carrier  has  failed  to  comply  with  the  laws  and  regulations  referred  to  in  Article 7 
(Compliance with Laws and Regulations) of this Agreement; or 

the provisions set forth in Article 14 (Aviation Safety) and Article 15 (Aviation Security) 
of this Agreement are not being maintained or administered; or 

a  Party  has  made  the  determination  in  accordance  with  Article  8  (Competitive 
Environment) of this Agreement that the conditions for a competitive environment are not 
being fulfilled. 

Unless  immediate  action  is  essential  to  prevent  further  non-compliance  with  points (c) 
or (d) of paragraph 1 of this Article, the rights established by this Article shall be exercised 
only after consultation with the competent authorities of the other Party. 

(c) 

(d) 

(e) 

2. 

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3. 

1. 

2. 

1. 

2. 

Neither  Party  shall  use  its  rights  established  by  the  present  Article  to  refuse,  revoke, 
suspend or limit authorisations or permissions of any air carriers of a Party on the grounds 
that majority ownership and/or effective control of that air carrier is vested in one or more 
Parties  to  the  ECAA Agreement or  their nationals,  provided  that  such Party  or  Parties to 
the  ECAA  Agreement  offer  reciprocal  treatment  and  provided  that  such  Party  or  Parties 
apply the terms and conditions of the ECAA Agreement. 

ARTICLE 6 

Investment 

Notwithstanding  Articles  3  (Authorisation)  and  5  (Refusal,  Revocation,  Suspension, 
Limitation  of  Authorisation)  of  this  Agreement,  the  majority  ownership  or  the  effective 
control  of  an  air  carrier  of  the  Republic  of  Moldova  by  Member  States  and/or  their 
nationals shall be permitted. 

Notwithstanding  Articles  3  (Authorisation)  and  5  (Refusal,  Revocation,  Suspension, 
Limitation  of  Authorisation)  of  this  Agreement,  the  majority  ownership  or  the  effective 
control  of  an  air  carrier  of  the  European  Union  by  the  Republic  of  Moldova  and/or  its 
nationals,  shall  be  permitted  by  virtue  of  a  prior  decision  of  the  Joint  Committee 
established by this Agreement in accordance with Article 22 (2) (Joint Committee) of this 
Agreement. This decision shall specify the conditions associated with the operation of the 
agreed services under this Agreement and with the services between third countries and the 
Parties.  The  provisions  of  Article  22  (8)  (Joint  Committee)  of  this  Agreement  shall  not 
apply to this type of decision. 

ARTICLE 7 

Compliance with laws and regulations 

While  entering,  within,  or  leaving  the  territory  of  one  Party,  the  laws  and  regulations 
applicable within that territory relating to the admission to or departure from its territory of 
aircraft  engaged  in  air  transport,  or  to  the  operation  and  navigation  of  aircraft  shall  be 
complied with by the other Party's air carriers. 

While  entering,  within,  or  leaving  the  territory  of  one  Party,  the  laws  and  regulations 
applicable within that territory relating to the admission to or departure from its territory of 
passengers,  crew  or  cargo  on  aircraft  (including  regulations  relating  to  entry,  clearance, 
immigration, passports, customs and quarantine or, in the case of mail, postal regulations) 
shall  be  complied  with  by,  or  on  behalf  of,  such  passengers,  crew  or  cargo  of  the  other 
Party's air carriers. 

EN 

21 

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ARTICLE 8 

Competitive environment 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

The  Parties  acknowledge  that  it  is  their  joint  objective  to  have  a  fair  and  competitive 
environment  for  the  operation  of  air  services.  The  Parties  recognise  that  fair  competitive 
practices by air carriers are most likely to occur where these air carriers operate on a fully 
commercial basis and are not subsidised. 

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

State  aid  which  distorts  or  threatens  to  distort  competition  by  favouring  certain 
undertakings  or  certain  aviation  products  or  services  is  incompatible  with  the  proper 
functioning  of  this  Agreement,  insofar  as  it  may  affect  trade  between  the  Parties  in  the 
aviation sector. 

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  Union,  in  particular 
from Article 107 of the Treaty on the Functioning of the European Union and interpretative 
instruments adopted by the European Union institutions. 

If one Party finds that conditions exist in the territory of the other Party, in particular due to 
a subsidy, which would adversely affect the fair and equal opportunity of its air carriers to 
compete,  it  may  submit  observations  to  the  other  Party.  Furthermore,  it  may  request  a 
meeting  of  the  Joint Committee,  as  provided  for  in  Article  22  (Joint  Committee)  of  this 
Agreement.  From  the  receipt  of  such  a  request  consultations  shall  start  within  30  days. 
Failure  to  reach  a  satisfactory  agreement  within 30  days  from  the  start  of  consultations 
shall  constitute  grounds  for  the  Party  that  requested  the  consultations  to  take  action  to 
refuse, withhold, revoke, suspend or impose appropriate conditions on the authorisations of 
the air carrier(s) concerned, consistent with Article 5 (Refusal, Revocation, Suspension or 
Limitation of Authorisation) of this Agreement.  

The actions, referred to in paragraph 5 of this Article, shall be appropriate, proportionate 
and restricted with regard to scope and duration to what is strictly necessary. They shall be 
exclusively directed towards the air carrier or air carriers benefiting from a subsidy or the 
conditions referred to in this Article, and shall be without prejudice to the right  of either 
Party to take action under Article 24 (Safeguard measures) of this Agreement. 

Each  Party,  upon  notification  to  the  other  Party,  may  approach  responsible  government 
entities in the territory of the other Party including entities at the state, provincial or local 
level to discuss matters relating to this Article.  

The  provisions  of  this  Article  shall  apply  without  prejudice  to  the  Parties'  laws  and 
regulations regarding public service obligations in the territories of the Parties. 

EN 

ARTICLE 9 

22 

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Doing business 

Commercial opportunities 

1. 

2. 

The Parties agree that obstacles to doing business of commercial operators would hamper 
the benefits to be achieved by this Agreement. The Parties therefore agree to engage in an 
effective and reciprocal process of removal of obstacles to doing business of commercial 
operators of both Parties where such obstacles may hamper commercial operations, create 
distortions to competition or hamper the development of a level playing field. 

The  Joint  Committee  set  up  in  accordance  with  Article  22  shall  develop  a  process  of 
cooperation  in  relation  to  doing  business  and  commercial  opportunities;  shall  monitor 
progress in effectively addressing obstacles to doing business of commercial operators and 
shall  regularly  review  developments,  including,  if  necessary,  towards  legislative  and 
regulatory  changes.  In  accordance  with  Article  22  a  Party  may  request  a  meeting  of  the 
Joint Committee to discuss any question related to the application of the present article. 

Air Carrier Representatives 

3. 

4. 

The air carriers of each Party shall have the right to establish offices in the territory of the 
other Party for the promotion and sale of air transport and related activities, including the 
right to sell and to issue any ticket and/or airwaybill, both its own tickets and/or airwaybills 
of any other carrier. 

The air carriers of each Party shall be entitled, in accordance with the laws and regulations 
of the other Party relating to entry, residence, and employment, to bring in and maintain in 
the territory of the other Party managerial, sales, technical, operational, and other specialist 
staff  who  are  required  to  support  the  provision  of  air  transport.  These  staff  requirements 
may,  at  the  option  of  the  air  carriers,  be  satisfied  by  its  own  personnel  or  by  using  the 
services of any other organisation, company or air carrier operating in the territory of the 
other Party, authorised to perform such services in the territory of that Party. Both Parties 
shall facilitate and expedite the granting of employment authorisations, where required, for 
personnel employed in the offices according to this paragraph, including those performing 
certain temporary duties not exceeding ninety (90) days, subject to the relevant laws and 
regulations in force. 

Ground Handling 

5. 

(a)  Without  prejudice  to  point  (b)  below,  each  air  carrier  shall  have  in  relation  to 
groundhandling in the territory of the other Party: 

(i) 

the right to perform its own groundhandling ("self-handling") or, at its option 

(ii) 
the right to select among competing suppliers that provide groundhandling services in whole 
or in part where such suppliers are allowed market access on the basis of the laws and regulations of 
each Party, and where such suppliers are present in the market. 

(b)  For  the  following  categories  of  groundhandling  services,  i.e.  baggage  handling,  ramp 
handling, fuel and oil handling, freight and mail handling as regards the physical handling 

EN 

23 

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of freight and mail between the air terminal and the aircraft, the rights under point (a) (i) 
and (ii) may be subject to constraints according to the laws and regulations applicable in 
the territory  of  the other  Party.  Where such constraints preclude  self-handling and  where 
there is no effective competition between suppliers that provide groundhandling services, 
all such services shall be available on both an equal and non discriminatory basis to all air 
carriers. 

Ground Handling for Third Parties 

6. 

Each  groundhandling  company,  whether  an  air  carrier  or  not, shall  have  in  relation  to 
groundhandling  in  the  territory  of  the  other  Party  the  right  to  provide  groundhandling 
services  for  airlines  operating  at  the  same  airport,  where  authorised  and  consistent  with 
applicable laws and regulations. 

Sales, Local Expenses, and Transfer of Funds 

7. 

8. 

9. 

Any  air  carrier  of  each  Party  may  engage  in  the  sale  of  air  transportation  and  related 
services  in  the  territory  of  the  other  Party  directly  and/or,  at  the  air  carrier's  discretion, 
through its sales agents, other intermediaries appointed by the air carrier, through another 
air  carrier  or  through  the  internet.  Each  air  carrier  shall  have  the  right  to  sell  such 
transportation, and any person shall be free to purchase such transportation, in the currency 
of  that  territory  or  in  freely  convertible  currencies  in  accordance  with  the  local 
currency legislation. 

Each air carrier shall have the right to convert into freely convertible currencies and remit 
from  the  territory  of  the  other  Party  to  its  home  territory  and,  except  where  inconsistent 
with  generally  applicable  law  or  regulation,  to  the  country  or  countries  of  its  choice,  on 
demand,  local  revenues.  Conversion  and  remittance  shall  be  permitted  promptly  without 
restrictions  or  taxation  in  respect  thereof  at  the  rate  of  exchange  applicable  to  current 
transactions  and  remittance  on  the  date  the  carrier  makes  the  initial  application  for 
remittance. 

The  air  carriers  of  each  Party  shall  be  permitted  to  pay  for  local  expenses,  including 
purchases of fuel, in the territory of the other Party in local currency. At their discretion, 
the air carriers of each Party may pay for such expenses in the territory of the other Party in 
freely convertible currencies in accordance with local currency legislation. 

Cooperative Arrangements 

10. 

In operating or holding out services under this Agreement, any air carrier of a Party may 
enter into cooperative marketing arrangements, such as blocked-space agreements or code-
sharing arrangements, with: 

(a) 

any air carrier or carriers of the Parties; and 

(b) 

any air carrier or carriers of a third country; and 

(c) 

any surface (land or maritime) transport provider; 

EN 

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provided that  

(i) the operating carrier holds the appropriate traffic rights and (ii) the marketing carriers hold the 
appropriate underlying route authority and (iii) the arrangements meet the requirements relating to 
safety  and  competition  normally  applied  to  such  arrangements.  In  respect  of  passenger  transport 
sold  involving  code-shares,  the  purchaser  shall  be  informed  at  the  point  of  sale,  or  in  any  case 
before boarding, which transport providers will operate each sector of the service. 

11. 

(a)  In  relation  to  the  transport  of  passengers,  surface  transport  providers  shall  not  be 
subject to laws and regulations governing air transport on the sole basis that such surface 
transport is held out by an air carrier under its own name. Surface transport providers have 
the discretion to decide whether to enter into cooperative arrangements. In deciding on any 
particular  arrangement,  surface  transport  providers  may  consider,  among  other  things, 
consumer interests and technical, economic, space, and capacity constraints. 

(b) Moreover, and notwithstanding any other provision of this Agreement, air carriers and 
indirect providers of cargo transport of the Parties shall be permitted, without restriction, to 
employ  in  connection  with  air  transport  any  surface  transport  for  cargo  to  or  from  any 
points  in  the  territories  of  the  Republic  of  Moldova  and  the  European  Union,  or  in  third 
countries,  including  transport  to  and  from  all  airports  with  customs  facilities,  and 
including, where applicable, the right to transport cargo in bond under applicable laws and 
regulations. Such cargo, whether moving by surface or by air, shall have access to airport 
customs  processing  and  facilities.  Air  carriers  may  elect  to  perform  their  own  surface 
transport  or  to  provide  it  through  arrangements  with  other  surface  carriers,  including 
surface transport operated by other air carriers and indirect providers of cargo air transport. 
Such  intermodal  cargo  services  may  be  offered  at  a  single,  through  price  for  the  air  and 
surface transport combined, provided that shippers are not misled as to the facts concerning 
such transport. 

Leasing 

12. 

(a) 

(b) 

The air carriers of each Party shall be entitled to provide the agreed services using aircraft 
and  crew  leased  from  any  air  carrier,  including  from  third  countries,  provided  that  all 
participants  in  such  arrangements  meet  the  conditions  prescribed  under  the  laws  and 
regulations normally applied by the Parties to such arrangements. 

Neither Party shall require the air carriers leasing out their equipment to hold traffic rights 
under this agreement. 

The  leasing  with  crew  (wet-leasing)  by  an  air  carrier  of  the  Republic  of  Moldova  of  an 
aircraft of an air carrier of a third country, or, by an air carrier of the European Union, of 
an aircraft of an air carrier of a third country other than those mentioned in Annex IV to 
this  Agreement,  in  order  to  exploit  the  rights  envisaged  in  this  Agreement,  shall  remain 
exceptional  or  meet  temporary  needs.  It  shall  be  submitted  for  prior  approval  of  the 
licensing  authority  of  the  leasing  air  carrier  and  to  the  competent  authority  of  the  other 
Party. 

Franchising/Branding 

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13. 

The  air  carriers  of  each  Party  shall  be  entitled  to  enter  into  franchising  or  branding 
arrangements  with  companies,  including  air  carriers,  of  either  Party  or  third  countries, 
provided  that  the  air  carriers  hold  the  appropriate  authority  and  meet  the  conditions 
prescribed  under  the  laws  and  regulations  applied  by  the  Parties  to  such  arrangements, 
particularly  those  requiring  the  disclosure  of  the  identity  of  the  air  carrier  operating  the 
service. 

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ARTICLE 10 

Customs duties and taxation 

1. 

2. 

(a) 

(b) 

(c) 

(d) 

(e) 

3. 

On arriving in the territory of one Party, aircraft operated in international air transport by 
the  air  carriers  of  the  other  Party,  their  regular  equipment,  fuel,  lubricants,  consumable 
technical  supplies,  ground  equipment,  spare  parts  (including  engines),  aircraft  stores 
(including but not limited to such items as food, beverages and liquor, tobacco and other 
products destined for sale to or use by passengers in limited quantities during flight), and 
other  items  intended  for  or  used  solely  in  connection  with  the  operation  or  servicing  of 
aircraft engaged in international air transport shall be exempt, on the basis of reciprocity, 
under  its  relevant  applicable  legislation,  from  all  import  restrictions,  property  taxes  and 
capital  levies,  customs  duties,  excise  duties,  and  similar  fees  and  charges  that  are  (a) 
imposed by the national or local authorities or the European Union, and (b) not based on 
the cost of services provided, provided that such equipment and supplies remain on board 
the aircraft. 

There  shall  also  be  exempt,  on  the  basis  of  reciprocity,  under  its  relevant  applicable 
legislation, from the taxes, levies, duties, fees and charges referred to in paragraph 1 of this 
Article, with the exception of charges based on the cost of the service provided: 

aircraft  stores  introduced  into  or  supplied  in  the  territory  of  a  Party  and  taken  on  board, 
within  reasonable  limits,  for  use  on  outbound  aircraft  of  an  air  carrier  of  the  other  Party 
engaged in international air transport, even when these stores are to be used on a part of the 
journey performed over the said territory; 

ground  equipment  and  spare  parts  (including  engines)  introduced  into  the  territory  of  a 
Party for the servicing, maintenance, or repair of aircraft of an air carrier of the other Party 
used in international air transport; 

fuel,  lubricants  and  consumable  technical  supplies  introduced  into  or  supplied  in  the 
territory of a Party for use in or on an aircraft of an air carrier of the other Party engaged in 
international air transport, even when these supplies are to be used on a part of the journey 
performed over the said territory; 

printed matter, as provided for by the customs legislation of each Party, introduced into or 
supplied in the territory of one Party and taken on board for use on outbound aircraft of an 
air carrier of the other Party engaged in international air transport, even when these stores 
are to be used on a part of the journey performed over the said territory; and 

safety and security equipment for use at airports or cargo terminals. 

Notwithstanding  any  other  provision  to  the  contrary,  nothing  in  this  Agreement  shall 
prevent a Party from imposing taxes, levies, duties, fees or charges on fuel supplied in its 
territory on a non-discriminatory basis for use in an aircraft of an air carrier that operates 
between two points in its territory. 

EN 

27 

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4. 

5. 

6. 

7. 

8. 

9. 

1. 

Equipment and supplies referred to in paragraphs 1 and 2 of this Article may be required to 
be  kept  under  the  supervision  or  control  of  the  appropriate  authorities  and  not  to  be 
transferred without payment of relevant customs duties and taxes. 

The  exemptions  provided  by  this  Article  shall  also  be  available  where  the  air  carriers  of 
one Party have contracted with another air carrier, which similarly enjoys such exemptions 
from the other Party, for the loan or transfer in the territory of the other Party of the items 
specified in paragraphs 1 and 2 of this Article. 

Nothing  in  this  Agreement shall  prevent either Party from imposing taxes, levies, duties, 
fees or charges on goods sold other than for consumption on board to passengers during a 
sector  of  an  air  service  between  two  points  within  its  territory  at  which  embarkation  or 
disembarkation is permitted. 

Baggage  and  cargo  in  direct  transit  across  the  territory  of  a  Party  shall  be  exempt  from 
taxes, customs duties, fees and other similar charges that are not based on the cost of the 
service provided. 

The regular airborne equipment, as well as the materials and supplies normally retained on 
board the aircraft of an air carrier of either Party, may be unloaded in the territory of the 
other Party only with the approval of the customs authorities of that territory. In such case, 
they may be placed under the supervision of the said authorities up to such time as they are 
re-exported or otherwise disposed of in accordance with customs regulations. 

The stipulations of this Agreement shall not affect the field of VAT, with the exception of 
turnover tax on imports. The provisions of this Agreement shall not affect the provisions of 
any convention between a Member State and the Republic of Moldova for the avoidance of 
double taxation on income and on capital that may be in force at the relevant time. 

ARTICLE 11 

User Charges for Airports and Aviation Facilities and Services 

Each Party shall ensure that user charges that may be imposed by its competent charging 
authorities or bodies on the air carriers of the other Party for the use of air navigation and 
air traffic control, airport, aviation security and related facilities and services shall be just, 
reasonable,  not  unjustly  discriminatory,  and  equitably  apportioned  among  categories  of 
users.  Without  prejudice  to  Article  16(1)  (Air  traffic  management),  these  charges  may 
reflect, but shall not exceed, the full cost to the competent charging authorities or bodies of 
providing the appropriate airport and aviation security facilities and services at that airport 
or  within  that  airport's  system.  These  charges  may  include  a  reasonable  return  on  assets, 
after  depreciation.  Facilities  and  services  for  which  user  charges  are  made  shall  be 
provided on an efficient and economic basis. In any event, these charges shall be assessed 
on the air carriers of the other Party on terms not less favourable than the most favourable 
terms available to any other air carrier at the time the charges are assessed. 

2. 

Each  Party  shall  require  consultations  between  the  competent  charging  authorities  or 
bodies  in  its  territory  and  the  air  carriers  and/or  their  representative  bodies  using  the 

EN 

28 

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services  and  facilities,  and  shall  ensure  that  the  competent  charging  authorities  or  bodies 
and  the  air  carriers  or  their  representative  bodies  exchange  such  information  as  may  be 
necessary to permit an accurate review of the reasonableness of the charges in accordance 
with the principles of paragraphs 1 and 2 of this Article. Each Party shall ensure that the 
competent  charging  authorities  or  bodies  provide  users  with  reasonable  notice  of  any 
proposal  for  changes  in  user  charges  to  enable  those  authorities  to  consider  the  views 
expressed by the users before changes are made. 

Neither  Party  shall  be  held,  in  dispute  resolution  procedures  pursuant  to  Article  23 
(Dispute Resolution and Arbitration) of this Agreement, to be in breach of a provision of 
this Article, unless  

it fails to undertake a review of the charge or practice that is the subject of complaint by 
the other Party within a reasonable amount of time; or 

following such a review it fails to take all steps within its power to remedy any charge or 
practice that is inconsistent with this Article. 

ARTICLE 12 

Pricing 

The Parties shall permit prices to be freely established by the air  carriers on  the  basis of 
free and fair competition. 

The Parties shall not require prices to be filed or notified. 

Discussions between competent authorities may be held on matters such as, but not limited 
to prices which may be unjust, unreasonable, discriminatory or subsidised. 

ARTICLE 13 

Statistics 

Each Party shall provide to the other Party statistics that are required by domestic laws and 
regulations, and, upon request, other available statistical information as may be reasonably 
required for the purpose of reviewing the operation of the air services. 

The  Parties  shall  cooperate  in  the  framework  of  the  Joint  Committee  under  Article  22 
(Joint Committee)  of  this  Agreement  to  facilitate  the  exchange  of  statistical  information 
between  them  for  the  purpose  of  monitoring  the  development  of  air  services  under  this 
Agreement. 

3. 

(a) 

(b) 

1. 

2. 

3. 

1. 

2. 

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TITLE II 

REGULATORY COOPERATION 

ARTICLE 14 

Aviation safety 

1. 

2. 

(a) 

(b) 

3. 

4. 

5. 

(a) 

(b) 

Subject  to  the  transitional  provisions  set  out  in  Annex  II  to  this  Agreement,  the  Parties 
shall  act  in  conformity  with  the  provisions  of  the  aviation  safety  legislation  specified  in 
Part C of Annex III to this Agreement, under the conditions set out hereafter. 

The Parties shall cooperate to ensure the implementation by the Republic of Moldova of 
the legislation referred to in paragraph 1 of this Article. To this purpose, the Republic of 
Moldova  shall  be  involved  in  the  work  of  the  European  Aviation  Safety  Agency  as  an 
observer from the date of entry into force of this Agreement. 

The gradual transition of the Republic of Moldova to the full application of the legislation 
referred to in Part C of Annex III to this Agreement shall be subject to assessments. The 
assessments shall be carried out by the European Union in cooperation with the Republic 
of Moldova. When the Republic of Moldova is satisfied that the legislation referred to in 
Part C of Annex III to this Agreement is fully applied, it shall inform the European Union 
that an assessment should be carried out. 

When the Republic of Moldova has fully implemented the legislation referred to in Part C 
of Annex III to this Agreement, the Joint Committee established under Article 22 of this 
Agreement shall determine the precise status and conditions for the participation over and 
above  the  observer  status  referred  to  above  of  the  Republic  of  Moldova  in  the  European 
Aviation Safety Agency.  

The Parties shall ensure that aircraft registered in one Party suspected of non-compliance 
with international aviation safety standards established pursuant to the Convention landing 
at airports open to international air traffic in the territory of the other Party shall be subject 
to ramp inspections by the competent authorities of that other 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. 

The competent authorities of a Party may request consultations at any time concerning the 
safety standards maintained by the other Party. 

The  competent  authorities  of  a  Party  shall  take  all  appropriate  and  immediate  measures 
whenever they ascertain that an aircraft, a product or an operation may: 

fail  to  satisfy  the  minimum  standards  established  pursuant  to  the  Convention  or  the 
legislation specified in Part C of Annex III to this Agreement, whichever is applicable, 

give  rise  to  serious  concerns  – established  through  an  inspection  referred  to  in 
paragraph 3 of this Article – that an aircraft or the operation of an aircraft does not comply 

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(c) 

6. 

7. 

with  the  minimum  standards  established  pursuant  to  the  Convention  or  the  legislation 
specified in Part C of Annex III to this Agreement, whichever is applicable, or 

give  rise  to  serious  concerns  that  there  is  a  lack  of  effective  maintenance  and 
administration  of  minimum  standards  established  pursuant  to  the  Convention  or  the 
legislation specified in Part C of Annex III to this Agreement, whichever is applicable. 

Where  the  competent  authorities  of  one  Party  take  action  under  paragraph  5,  they  shall 
promptly  inform  the  competent  authorities  of  the  other  Party  of  taking  such  action, 
providing reasons for their action. 

Where  measures  taken  in  application  of  paragraph  5  of  this  Article  are  not  discontinued 
even though the basis for taking them has ceased to exist, either Party may refer the matter 
to the Joint Committee. 

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ARTICLE 15 

Aviation Security 

1. 

2. 

3. 

4. 

5. 

6. 

Subject  to  the  transitional  provisions  set  out  in  Annex  II  to  this  Agreement,  the  Parties 
shall  act  in  conformity  with  the  provisions  of  the  European  Union's  aviation  security 
legislation specified in Part D of Annex III to this Agreement, under the conditions set out 
hereafter. 

The  Republic  of  Moldova  may  be  subjected  to  a  European  Commission  inspection  in 
accordance with the relevant European Union security legislation as referred to in Annex 
III  to  this  Agreement.  The  Parties  shall  establish  the  necessary  mechanism  for  the 
exchange of information on the results of such security inspections. 

The  assurance  of  safety  for  civil  aircraft,  their  passengers  and  crew  being  a  fundamental 
pre-condition  for  the  operation  of  international  air  services,  the  Parties  reaffirm  their 
obligations  to  each  other  to  provide  for  the  security  of  civil  aviation  against  acts  of 
unlawful  interference,  and  in  particular  their  obligations  under  the  Convention,  the 
Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at 
Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of 
Aircraft, signed at The Hague on 16 December 1970, the Convention for the Suppression 
of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 September 
1971, the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving 
International Civil Aviation, signed at Montreal on 24 February 1988 and the Convention 
on  the  marking  of  plastic  explosives  for  purpose  of  detection  signed  at  Montreal 
on 1 March 1991,  insofar  as  both  Parties  are  parties  to  these  conventions,  as  well  as  all 
other conventions and protocols relating to civil aviation security of which both Parties are 
parties. 

The 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. 

The  Parties  shall,  in  their  mutual  relations,  act  in  conformity  with  the  aviation  security 
Standards and, so far as they are applied by them, the Recommended Practices established 
by the International Civil Aviation Organisation (ICAO) and designated as Annexes to the 
Convention, to the extent that such security provisions are applicable to the Parties. Both 
Parties  shall  require  that  operators  of  aircraft  of  their  registry,  operators  who  have  their 
principal  place of  business or permanent residence in their territory, and the operators of 
airports in their territory, act in conformity with such aviation security provisions. 

Each Party shall ensure that effective measures are taken within its territory to protect civil 
aviation  against  acts  of  unlawful  interference,  including,  but  not  limited  to,  screening  of 
passengers  and  their  cabin  baggage,  screening  of  hold  baggage  and  security  controls  for 
cargo  and  mail  prior  to  boarding  or  loading  of  aircraft  and  security  controls  for  in-flight 
supplies  and  airport  supplies  and  access  control  to  airside  and  security  restricted  areas. 
Those  measures  shall  be  adjusted  to  meet  increases  in  the  threat.  Each  Party  agrees  that 

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their air carriers may be required to observe the aviation security provisions referred to in 
paragraph 5 of this Article required by the other Party, for entrance into, departure from, or 
while within, the territory of that other Party. 

Each  Party  shall  also  give  positive  consideration  to  any  request  from  the  other  Party  for 
reasonable  special  security  measures  to  meet  a  particular  threat.  Except  where  not 
reasonably  possible  in  case  of  emergency,  each  Party  will  inform  the  other  Party  in 
advance  of  any  special  security  measures  it  intends  to  introduce  which  could  have  a 
significant financial or operational impact on the air transport services provided under this 
Agreement.  Either  Party  may  request  a  meeting  of  the  Joint  Committee  to  discuss  such 
security measures, as provided for in Article 22 (Joint Committee) of this Agreement. 

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 
the  Parties  shall  assist  each  other  by  facilitating 
navigation  facilities  occurs, 
communications  and  other  appropriate  measures  intended  to  terminate  rapidly  and  safely 
such incident or threat. 

Each Party shall take all measures it finds practicable to ensure that an aircraft subjected to 
an act of unlawful seizure or other acts of unlawful interference which is on the ground in 
its territory is detained on the ground unless its departure is necessitated by the overriding 
duty to protect human life. Wherever practicable, such measures shall be taken on the basis 
of mutual consultations. 

When a Party has reasonable grounds to believe that the other Party has departed from the 
aviation security provisions of this Article, that Party shall request immediate consultations 
with the other Party. 

Without  prejudice  to  Article  5  (Refusal,  Revocation,  Suspension,  Limitation  of 
Authorisations) of this Agreement, failure to reach a satisfactory agreement within fifteen 
(15) days from the date of such request shall constitute grounds to withhold, revoke, limit 
or  impose  conditions  on  the  operating  authorisation  of  one  or  more  air  carriers  of  such 
other Party. 

When required by an immediate and extraordinary threat, a Party may take interim action 
prior to the expiry of fifteen (15) days. 

Any action taken in accordance with the paragraph 11 of this Article shall be discontinued 
upon compliance by the other Party with the full provisions of this Article. 

7. 

8. 

9. 

10. 

11. 

12. 

13. 

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33 

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1. 

2. 

3. 

(a) 

(b) 

1. 

2. 

3. 

ARTICLE 16 

Air traffic management 

Subject  to  the  transitional  provisions  set  out  in  Annex  II  to  this  Agreement,  the  Parties 
shall  act  in  conformity  with  the  provisions  of  the  legislation  specified  in  Part B  of 
Annex III to this Agreement, under the conditions set out hereafter. 

The Parties shall cooperate in the field of air traffic management with a view to extending 
the  Single  European  Sky  to  the  Republic  of  Moldova  in  order  to  enhance  current  safety 
standards and overall efficiency of general air traffic operations in Europe, to optimise air 
traffic control capacities, to minimise delays and to increase environmental efficiency. To 
this  purpose,  the  Republic  of  Moldova  shall  be  involved  as  observer  in  the  Single  Sky 
Committee from the date of entry into force of the Agreement. The Joint Committee shall 
be  responsible  for  monitoring  and  facilitating  cooperation  in  the  field  of  air  traffic 
management. 

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

The  Republic  of  Moldova  shall  take  the  necessary  measures  to  adjust  its  air  traffic 
management institutional structures to the Single European Sky, in particular by ensuring 
that  pertinent  national  supervisory  bodies  are  at  least  functionally  independent  of  air 
navigation service providers; and 

The  European  Union  shall  associate  the  Republic  of  Moldova  with  relevant  operational 
initiatives  in  the  fields  of  air  navigation  services,  airspace  and  interoperability  that  stem 
from the Single European Sky, in particular through the early involvement of the Republic 
of  Moldova's  efforts  to  establish  functional  airspace  blocks,  or  through  appropriate 
coordination on SESAR. 

ARTICLE 17 

Environment 

The Parties recognise the importance of protecting the environment when developing and 
implementing  aviation  policy.  The  Parties  acknowledge  that  effective  global,  regional, 
national  and / or  local  action  is  needed  to  minimise  civil  aviation's  impact  on  the 
environment. 

Subject  to  the  transitional  provisions  set  out  in  Annex  II  to  this  Agreement,  the  Parties 
shall  act  in  conformity  with  the  legislation  relating  to  air  transport  specified  in  Part E  of 
Annex III to this Agreement. 

The  Parties  recognise  the  importance  of  working  together,  and  within  the  framework  of 
multilateral  discussions,  to  consider  the  effects  of  aviation  on  the  environment,  and  to 
ensure  that  any  mitigating  measures  are  fully  consistent  with  the  objectives  of  this 
Agreement. 

EN 

34 

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4. 

Nothing  in  this  Agreement  shall  be  construed  to  limit  the  authority  of  the  competent 
authorities of a Party to take all appropriate measures to prevent or otherwise address the 
environmental  impacts  of  air  transport  provided  that  such  measures  are  fully  consistent 
with their rights and obligations under international law and are applied without distinction 
as to nationality. 

ARTICLE 18 

Consumer protection 

Subject to the transitional provisions set out in Annex II to this Agreement, the Parties shall act in 
accordance  with  the  legislation  relating  to  air  transport  specified  in  Part G  of  Annex III  to 
this Agreement. 

ARTICLE 19 

Computer reservation systems 

Subject to the transitional provisions set out in Annex II to this Agreement, the Parties shall act in 
accordance  with  the  legislation  relating  to  air  transport  specified  in  Part H  of  Annex III  to 
this Agreement. 

ARTICLE 20 

Social aspects 

Subject to the transitional provisions set out in Annex II to this Agreement, the Parties shall act in 
accordance  with  the  legislation  relating  to  air  transport  specified  in  Part F  of  Annex III  to 
this Agreement. 

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TITLE III 

INSTITUTIONAL PROVISIONS 

ARTICLE 21 

Interpretation and enforcement 

1. 

2. 

3. 

4. 

5. 

1. 

2. 

3. 

4. 

The  Parties  shall  take  all  appropriate  measures,  whether  general  or  specific,  to  ensure 
fulfilment  of  the  obligations  arising  out  of  this  Agreement  and  shall  refrain  from  any 
measures which would jeopardise attainment of the objectives of this Agreement. 

Each  Party  shall  be  responsible,  in  its  own  territory,  for  the  proper  enforcement  of  this 
Agreement and, in particular, the regulations and directives related to air transport listed in 
Annex III to this Agreement. 

Each Party shall give the other Party all necessary information and assistance in the case of 
investigations on possible infringements of provisions of this Agreement which that other 
Party carries out under its respective competences as provided in this Agreement. 

Whenever the Parties act under the powers granted to them by this Agreement on matters 
which  are  of  substantial  interest  to  the  other  Party  and  which  concern  the  authorities  or 
undertakings of the other Party, the competent authorities of the other Party shall be fully 
informed and given the opportunity to comment before a final decision is taken. 

Insofar  as  the  provisions  of  this  Agreement  and  the  provisions  of  the  acts  specified  in 
Annex III  to  this  Agreement  are  identical  in  substance  to  corresponding  rules  of  the  EU 
Treaties  and  to  acts  adopted  pursuant  to  the  EU  Treaties,  those  provisions  shall,  in  their 
implementation  and  application,  be  interpreted  in  conformity  with  the  relevant  rulings  and 
decisions of the Court of Justice and the European Commission.  

ARTICLE 22 

The Joint Committee 

A  Joint  Committee  composed  of  representatives  of  the  Parties  (hereinafter  referred  to  as 
the 
the  Joint Committee) 
administration  of  this  Agreement  and  shall  ensure  its  proper  implementation.  For  this 
purpose  it  shall  make  recommendations  and  take  decisions  where  expressly  provided  by 
this Agreement. 

is  hereby  established,  which  shall  be  responsible  for 

The decisions of the Joint Committee shall be adopted by consensus and shall be binding 
upon the Parties. They shall be put into effect by the Parties in accordance with their own 
rules. 

The Joint Committee shall adopt, by a decision, its rules of procedure.  

The  Joint  Committee  shall  meet  as  and  when  necessary.  Either  Party  may  request  the 
convening of a meeting. 

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36 

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5. 

6. 

7. 

8. 

9. 

10. 

11. 

(a) 

(b) 

(c) 

A Party may also request a meeting of the Joint Committee to seek to resolve any question 
relating to the interpretation or application of this Agreement. Such a meeting shall begin 
at the earliest possible date, but not later than two months from the date of receipt of the 
request, unless otherwise agreed by the Parties. 

For the purpose of the proper implementation of this Agreement, the Parties shall exchange 
information  and,  at  the  request  of  either  Party,  shall  hold  consultations  within  the  Joint 
Committee. 

If,  in  the  view  of  one  of  the  Parties,  a  decision  of  the  Joint  Committee  is  not  properly 
implemented by the other Party, the former may request that the issue be discussed by the 
Joint Committee.  If  the  Joint  Committee  cannot  solve  the  issue  within  two  months  of  its 
referral,  the  requesting  Party  may  take  appropriate  safeguard  measures  under  Article 24 
(Safeguard measures) of this Agreement. 

Without  prejudice  to  paragraph  2,  if  the  Joint  Committee  does  not  take  a  decision  on  an 
issue which has been referred to it within six months of the date of referral, the Parties may 
take appropriate temporary safeguard measures under Article 24 (Safeguard Measures) of 
this Agreement. 

In  accordance  with  Article  6  (Investment)  of  this  Agreement,  the  Joint  Committee  shall 
examine  questions  relating  to  bilateral  investments  of  majority  ownership,  or  changes  in 
the effective control of air carriers of the Parties. 

In  accordance  with  Article  14  (Aviation  safety)  of  this  Agreement,  the  Joint  Committee 
shall monitor the process of removal from the register of aircraft registered at the date of 
signature  in  the  Republic  of  Moldova  which  do  not  comply  with  international  aviation 
safety  standards  established  pursuant  to  the  Convention.  The  Joint  Committee  shall  also 
monitor the process of phasing-out during the transition phase described in Annex II to this 
Agreement of aircraft registered at the date of signature of this Agreement in the Republic 
of  Moldova  and  used  by  operators  under  the  regulatory  control  of  the  Republic  of 
Moldova, which do not have a type certificate issued in accordance with the relevant EU 
legislation  specified  in  Part  C  of  Annex  III  to  this  Agreement  with  a  view  to  agreeing  a 
progressive reduction in the numbers of aircraft referred to in paragraph 7 of Annex II to 
this Agreement. 

The Joint Committee shall also develop cooperation by: 

reviewing market conditions affecting air services under this Agreement;  

addressing and as far as possible effectively resolve "doing business" issues that may, inter 
alia,  hamper  market  access  and  smooth  operation  of  services  under  this  Agreement  as  a 
means  to  ensure  a  level  playing  field,  regulatory  convergence  and  minimising  the 
regulatory burden of commercial operators; 

fostering  expert-level  exchanges  on  new  legislative  or  regulatory  initiatives  and 
developments,  including  in  the  fields  of  security,  safety,  the  environment,  aviation 
infrastructure (including slots), competitive environment and consumer protection; 

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(d) 

(e) 

(f) 

(g) 

regularly  examining  the  social  effects  of this Agreement as it is implemented, notably in 
the  area  of  employment  and  developing  appropriate  responses  to  concerns  found  to  be 
legitimate;  

considering  potential  areas  for  the  further  development  of  this  Agreement,  including  the 
recommendation of amendments to this Agreement; 

agreeing, on the basis of consensus, on proposals, approaches or documents of a procedural 
nature directly related to the functioning of this Agreement; 

considering  and  developing  technical  assistance  in  the  areas  covered  by  this  Agreement; 
and 

(h) 

fostering cooperation in relevant international fora. 

ARTICLE 23 

Dispute Resolution and Arbitration 

1. 

2. 

(a) 

(b) 

(c) 

(d) 

3. 

If any dispute arises between the Parties relating to the interpretation or application of this 
Agreement they shall in the first place endeavour to settle it through formal consultations 
within  the  Joint  Committee  in  accordance  with  paragraph  5  of  Article  22  (Joint 
Committee) of this Agreement. 

Either  Party  may  refer  any  dispute  relating  to  the  application  or  interpretation  of  this 
Agreement,  which  it  has  not  been  possible  to  resolve  in  accordance  with  paragraph  1  of 
this  Article,  to  an  arbitration  panel  of  three  arbitrators  in  accordance  with  the  procedure 
laid down hereafter:  

each Party shall appoint an arbitrator within sixty (60) days from the date of reception of 
the  notification  for  the  request  for  arbitration  by  the  arbitration  panel  addressed  by  the 
other  Party  through  diplomatic  channels;  the  third  arbitrator  should  be  appointed  by  the 
other  two  arbitrators  within  sixty  (60)  additional  days.  If  one  of  the  Parties  has  not 
appointed an arbitrator within the agreed period, or if the third arbitrator is not appointed 
within the agreed period, each Party may request the President of the Council of the ICAO 
to appoint an arbitrator or arbitrators, whichever is applicable; 

the third arbitrator appointed under the terms of paragraph a) above should be a national of 
a third State and shall act as a President of the arbitration panel; 

the arbitration panel shall agree its rules of procedure; and 

subject to the final decision of the arbitration panel, the initial expenses of the arbitration 
shall be shared equally by the Parties. 

At  the  request  of  a  Party  the  arbitration  panel  may  order  the  other  Party  to  implement 
interim relief measures pending the panel's final determination. 

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4. 

5. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

1. 

Any  provisional  decision  or  final  decision  of  the  arbitration  panel  shall  be  binding  upon 
the Parties. 

If  one  of  the  Parties  does  not  act  in  conformity  with  a  decision  of  the  arbitration  panel 
taken  under  the  terms  of  this  Article  within  thirty  (30)  days  from  the  notification  of  the 
aforementioned  decision,  the  other  Party  may,  for  as  long  as  this  failure  endures,  limit, 
suspend  or  revoke  the  rights  or  privileges  which  it  had  granted  under  the  terms  of  this 
Agreement from the Party at fault. 

ARTICLE 24 

Safeguard measures 

The Parties shall take any general or specific measures required to fulfil their obligations 
under this Agreement. They shall ensure that the objectives set out in this Agreement are 
attained. 

If  either  Party  considers  that  the  other  Party  has  failed  to  fulfil  an  obligation  under  this 
Agreement,  it  may  take  appropriate  safeguard  measures.  Safeguard  measures  shall  be 
restricted with regard to their scope and duration to what is strictly necessary in order to 
remedy the situation or maintain the balance of this Agreement. Priority shall be given to 
such measures as will least disturb the functioning of this Agreement. 

A  Party  which  is  considering  taking  safeguard  measures  shall  without  delay  notify  the 
other Party through the Joint Committee and shall provide all relevant information. 

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

Without  prejudice  to  Articles  3(d)  (Authorisation),  Article  5(d)  (Refusal,  Revocation, 
Suspension,  Limitation  of  Authorisation)  and  Articles  14  (Aviation  Safety)  and  15 
(Aviation  Security)  of  this  Agreement,  the  Party  concerned  may  not  take  safeguard 
measures  until  one  month  has  elapsed  after  the  date  of  notification  under  paragraph  3  of 
this Article, unless the consultation procedure under paragraph 4 of this Article has been 
concluded before the expiry of the stated time limit. 

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

Any action taken under the terms of this Article shall be suspended, as soon as the Party at 
fault satisfies the provisions of this Agreement. 

ARTICLE 25 

Relationship to other Agreements 

The  provisions  of  this  Agreement  shall  prevail  over  the  relevant  provisions  of  existing 
bilateral air services agreements between the Republic of Moldova and the Member States. 
However, existing traffic rights which originate from these bilateral agreements and which 

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are not covered under this Agreement can continue to be exercised, provided that there is 
no discrimination between the Member States and their nationals. 

The Parties shall consult in the Joint Committee, upon request of either side, to recommend 
whether the Republic of Moldova should join the ECAA Agreement. 

If the Parties become parties to a multilateral agreement, or endorse a decision adopted by 
ICAO  or  another  international  organisation,  that  addresses  matters  covered  by  this 
Agreement, they shall consult in the Joint Committee to determine whether this Agreement 
should be revised to take into account such developments. 

ARTICLE 26 

Amendments 

If one of the Parties wishes to amend the provisions of this Agreement, it shall notify the 
Joint Committee accordingly of its decision. 

The  Joint  Committee  may,  upon  the  proposal  of  one  Party  and  in  accordance  with  this 
Article, decide by consensus to modify the Annexes to this Agreement. 

The amendment to this Agreement shall enter into force after completion of the respective 
internal procedures of each Party. 

This Agreement shall be without prejudice to the right of each Party, subject to compliance 
with  the  principle  of  non-discrimination  and  the  provisions  of  this  Agreement  to 
unilaterally  adopt  new  legislation  or  amend  its  existing  legislation  in  the  field  of  air 
transport or an associated area mentioned in Annex III to this Agreement. 

When  new  legislation  or  an  amendment  to  its  existing  legislation  in  the  field  of  air 
transport  or  an  associated  area  mentioned  in  Annex  III  to  this  Agreement  is  being 
considered by one of the Parties, it shall inform the other Party as appropriate and possible. 
At the request of either Party, an exchange of views may take place in the Joint Committee. 

Each  Party  shall  regularly  and  as  soon  as  appropriate  inform  the  other  Party  of  newly 
adopted legislation or amendment to its existing legislation in the field of air transport or 
an  associated  area  mentioned  in  Annex  III  to  this  Agreement.  Upon  the  request  of  any 
Party,  the  Joint  Committee  shall  within  sixty  (60)  days  thereafter  hold  an  exchange  of 
views on the implications of such new legislation or amendment for the proper functioning 
of this Agreement. 

Following  the  exchange  of  views  referred  to  in  paragraph  6  of  this  Article,  the  Joint 
Committee shall: 

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

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

2. 

3. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

(a) 

(b) 

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(c) 

recommend  any  other  measures,  to  be  adopted  within  a  reasonable  period  of  time,  to 
safeguard the proper functioning of this Agreement. 

ARTICLE 27 

Termination 

Either Party may, at any time, give notice in writing through diplomatic channels to the other Party 
of its decision to terminate this Agreement. Such notice shall be sent simultaneously to ICAO. This 
Agreement  shall  terminate  at  midnight  GMT  at  the  end  of  the  International  Air  Transport 
Association  (IATA)  traffic  season  in  effect  one  year  following  the  date  of  written  notification  of 
termination, unless the notice is withdrawn by mutual agreement of the Parties before the expiry of 
this period. 

ARTICLE 28 

Registration with the International Civil Aviation Organisation 
and the United Nations Secretariat 

This Agreement and all amendments thereto shall be registered with the ICAO and with the United 
Nations Secretariat, in accordance with Article 102 of the Charter of the United Nations, following 
its entry into force. 

ARTICLE 29 

Provisional application and entry into force 

1. 

This  Agreement  shall  enter  into  force  one  month  after  the  date  of  the  later  note  in  an 
exchange of diplomatic notes between the Parties confirming that all necessary procedures 
for entry into force of this Agreement have been completed. For purposes of this exchange, 
the  Republic  of  Moldova  shall  deliver  to  the  General  Secretariat  of  the  Council  of  the 
European Union its diplomatic note to the European Union and its Member States, and the 
General Secretariat of the Council of the European Union shall deliver to the Republic of 
Moldova  the  diplomatic  note  from  the  European  Union  and  its  Member  States.  The 
diplomatic  note  from  the  European  Union  and  its  Member States  shall  contain 
communications  from  each  Member State  confirming  that  its  necessary  procedures  for 
entry into force of this Agreement have been completed. 

2. 

Notwithstanding  paragraph  1  of  this  Article,  the  Parties  agree  to  provisionally  apply  this 
Agreement,  in  accordance  with  their  internal  procedures  and/or  domestic  legislation  as 
applicable, from the date of signature of this Agreement. 

IN WITNESS WHEREOF the undersigned, being duly authorised, have signed this Agreement. 

Done at …. on the … day of … in the year …, in duplicate, in each of the official languages of the 
Parties, each text being equally authentic. 

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ANNEX I 

AGREED SERVICES AND SPECIFIED ROUTES 

1. 

Each  Party  grants  to  the  air  carriers  of  the  other  Party  the  rights  to  provide  air  transport 
services on the routes specified hereunder: 

(a) 

(b) 

for  air  carriers  of  the  European  Union:  Any  point  in  the  European  Union  – 
intermediate  points  in  the  territories  of  European  Neighbourhood  Policy  partners2, 
ECAA  countries3,  or  countries  listed  in  Annex  IV  –  Any  point  in  the  Republic  of 
Moldova - points beyond. 

for air carriers of the Republic of Moldova: Any point in the Republic of Moldova – 
intermediate  points  in  the  territories  of  European  Neighbourhood  Policy  partners, 
ECAA countries or countries listed in Annex IV – Any point in the European Union  

2. 

The services operated according to paragraph 1 of this Annex shall originate or terminate 
in  the  territory  of  the  Republic  of  Moldova,  for  air  carriers  of  the  Republic  of  Moldova, 
and in the territory of the European Union for air carriers of the European Union. 

3. 

Air carriers of both Parties may on any or all flights and at their option: 

(a)  operate flights in either or both directions; 

(b) 

combine different flight numbers within one aircraft operation; 

(c) 

serve intermediate and beyond points, as specified in paragraph 2 of this Annex, and 
points in the territories of the Parties in any combination and in any order; 

(d)  omit stops at any point or points; 

(e) 

transfer traffic from any of its aircraft to any of its other aircraft at any point; 

(f)  make stopovers at any points whether within or outside the territory of either Party; 

(g) 

carry transit traffic through the other Party's territory; and 

(h) 

combine traffic on the same aircraft regardless of where such traffic originates. 

4. 

Each  Party  shall  allow  each  air  carrier  to  determine  the  frequency  and  capacity  of  the 
international  air  transport  it  offers  based  upon  commercial  considerations  in  the 
marketplace. Consistent with this right, neither Party shall unilaterally limit the volume of 

2 

3 

"European Neighbourhood Policy partners" shall here be understood as Algeria, Armenia, Azerbaijan, Belarus, Egypt, Georgia, Israel, Jordan, Lebanon, Libya, Morocco, 
Occupied Palestinian Territory, Syria, Tunisia and Ukraine i.e. shall here not include the Republic of Moldova. 
"ECAA countries" are the countries which are parties to the Multilateral Agreement establishing a European Common Aviation Area which at the date of signature of the 

agreement  were:  Member  States  of  the  European  Union,  the  Republic  of  Albania,  Bosnia  and  Herzegovina,  the  Republic  of  Croatia,  the  former  Yugoslav  Republic  of 

Macedonia, the Republic of Iceland, the Republic of Montenegro, the Kingdom of Norway, the Republic of Serbia and Kosovo under UN Security Council Resolution 
1244. 

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traffic, frequency or regularity of service, or the aircraft type or types operated by the air 
carriers  of  the  other  Party,  except  for  customs,  technical,  operational,  environmental, 
protection  of  health  reasons  or  in  application  of  Article  8  (Competitive  environment)  of 
this Agreement.  

5. 

6. 

The  air  carriers  of  each  Party  may  serve,  including  within  the  framework  of  code  share 
arrangements,  any  point  located  in  a  third  country  that  is  not  included  on  the  specified 
routes, provided that they do not exercise 5th freedom rights. 

This Annex is subject to the transitional provisions contained in paragraph 2 of Annex II to 
this Agreement and the extension of rights foreseen therein. 

_______________ 

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1. 

2. 

3. 

4. 

5. 

6. 

ANNEX II 

TRANSITIONAL PROVISIONS 

The implementation and application by the Republic of Moldova  of all the provisions of 
the legislation of the European Union relating to air transport indicated in Annex III to this 
Agreement, with the exception of the security legislation under Part D of Annex III to this 
Agreement, shall be the subject of an evaluation under the responsibility of the European 
Union which shall be validated by a decision of the Joint Committee. Such an evaluation 
shall be conducted two years after the entry into force of the Agreement at the latest. 

Notwithstanding  the  provisions  of  Annex  I  to  this  Agreement,  the  agreed  services  and 
specified routes of this Agreement, shall not include, until the moment of the adoption of 
the decision referred to in paragraph 1 of this Annex II to this Agreement, the right for the 
air carriers of both parties to exercise 5th freedom rights other than those already granted by 
bilateral  agreements  between  the  Republic  of  Moldova  and  the  Member  States  of  the 
European Union, including for the air carriers of the Republic of Moldova between points 
within the territory of the European Union. 

Upon  the  adoption  of  the  decision  referred  to  in  paragraph  1  of  this  Annex  II,  the  air 
carriers of both parties shall be entitled to exercise 5th freedom rights, including for the air 
carriers  of  the  Republic  of  Moldova  between  points  within  the  territory  of  the  European 
Union. 

The implementation of the aviation security legislation by the Republic of Moldova shall 
be subject of an evaluation under the responsibility of the European Union which shall be 
validated by a decision of the Joint Committee. Such an evaluation shall be conducted at 
the  latest  three years  after  the  entry  into  force  of  this  Agreement.  In  the  meantime,  the 
Republic of Moldova shall implement ECAC Doc 30. 

At  the  end  of  the  transitional  period,  the  confidential  part  of  the  security  legislation  as 
provided  in  Part  D  of  Annex  III  to  this  Agreement  shall  be  made  available  to  the 
appropriate authority of the Republic of Moldova, subject to an agreement on the exchange 
of security sensitive information including EU classified information. 

The gradual transition of the Republic of Moldova to the full application of the legislation 
of  the  European Union  relating  to  air  transport  indicated  in  Annex  III  to  this  Agreement 
may  be  subject  to  regular  assessments.  The  assessments  shall  be  carried  out  by  the 
European Commission in cooperation with the Republic of Moldova. 

As  of  the  date  of  decision  referred  to  in  paragraph  1  of  this  Annex,  the  Republic  of 
Moldova will apply operating licensing rules substantially equivalent to those contained in 
Chapter II  of  Regulation  (EC)  No  1008/2008  of  the  European  Parliament  and  of  the 
Council  of 24 September 2008  on  common  rules  for  the  operation  of  air  services  in  the 
Community.  The  provisions  of  Article  4  of  this  Agreement  with  regard  to  the  reciprocal 
recognition of fitness and/or citizenship determinations made by the competent authorities 
of the Republic of Moldova shall be applied by the competent authorities of the European 

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Union  upon  the  confirmation  by  the  Joint  Committee  of  the  full  application  by  the 
Republic of Moldova of such operating licensing rules. 

7. 

Without prejudice to a decision within the Joint Committee or within Article 24 (Safeguard 
measures),  aircraft  registered  at  the  date  of  signature  in  the  register  of  the  Republic  of 
Moldova and used by operators under the regulatory control of the Republic of Moldova, 
which do not have a type certificate issued in accordance with the relevant EU legislation 
in Part C of Annex III to this Agreement, can be managed under the responsibility of the 
competent  authorities  of  the  Republic  of  Moldova  in  accordance  with  the  applicable 
national safety requirements of the Republic of Moldova until no later than: 

(a)  1 January 2017 for certain aero-planes engaged in cargo-only operations; 

(b)  31 December 2022 for certain helicopters engaged in operations such as search and 
rescue,  aerial  work,  training,  emergency,  agricultural  and  humanitarian  flights  in 
accordance with the operational certificates of the respective carriers; 

provided  that  the  aircraft  comply  with  international  aviation  safety  standards  established 
pursuant to the Convention. Such aircraft shall not benefit from any rights granted under 
this Agreement and shall not operate on air routes to, from or within the European Union. 

During the above transition phase, the number of aircraft in the register of the Republic of 
Moldova  which  do  not  have  a type  certificate  issued  in  accordance  with  the  relevant  EU 
legislation  shall  not  exceed  53  until  1  January  2017,  shall  thereafter  not  exceed  36  and 
shall no later than 31 December 2022 have been completely phased-out. 

____________________ 

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(Subject to regular update) 

RULES APPLICABLE TO CIVIL AVIATION 

ANNEX III 

The "Applicable provisions" of the following acts shall be applicable in accordance with this 
Agreement  unless  otherwise  specified  in  this  Annex  or  in  Annex  II  to  this  Agreement 
(Transitional Provisions). Where necessary, specific adaptations for each individual act are set 
out hereafter:  

A.  Market access and ancillary issues 

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 

•  Regulation (EC) No 545/2009 of the European Parliament and of the Council of 18 June 

2009 

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

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

No 96/67 

Council  Directive  96/67/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 "Member States 
of the European Union". 

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

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No 785/2004 

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

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

No 2009/12 

Directive (EC) No 2009/12 of the European Parliament and of the Council of 11 March 2009 
on airport charges 

Applicable provisions: Articles 1 to 12 

B. 

Air Traffic Management 

No 549/2004 

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

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

No 550/2004 

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

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 

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

as amended by: 

•  Commission  Regulation  (EC)  No  1315/2007  of  8  November  2007  on  safety  oversight  in 

air traffic management and amending Regulation (EC) 2096/2005 

•  Commission Regulation (EC) No 482/2008 of 30 May 2008 establishing a software safety 
assurance  system  to  be  implemented  by  air  navigation  service  providers  and  amending 
Annex II to Regulation (EC) No 2096/2005 

•  Commission Regulation (EC) No 668/2008 of 15 July 2008 amending Annexes II to V of 
Regulation (EC) No 2096/2005 laying down common requirements for the provision of air 
navigation services, as regards working methods and operating procedures 

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 

No 730/2006 

Commission  regulation  (EC)  No  730/2006  of  11  May  2006  on  airspace  classification  and 
access of flights operated under visual flight rules above flight level 195 

No 1794/2006 

Commission  regulation  (EC)  No  1794/2006  of  6  December  2006  laying  down  a  common 
charging scheme for air navigation services 

No 1033/2006 

Commission regulation (EC) No 1033/2006 of 4 July 2006 laying down the requirements on 
procedures for flight plans in the pre-flight phase for the single European sky 

No 1032/2006 

Commission  regulation  (EC)  No  1032/2006  of  6  July  2006  laying  down  requirements  for 
automatic systems for the exchange of flight data for the purpose of notification, coordination 
and transfer of flights between air traffic control units 

No 219/2007 

Council  Regulation  (EC)  No  219/2007  of  27  February 2007 on the establishment of  a Joint 
Undertaking to develop the new generation European air traffic management system (SESAR) 

Applicable provisions: Article 1(1)-(2) and (5)-(7), Articles 2 to 3, Article 4(1), Annex 

No 633/2007 

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Commission Regulation (EC) No 633/2007 of 7 June 2007 laying down requirements for the 
application  of  a  flight  message  transfer  protocol  used  for  the  purpose  of  notification, 
coordination and transfer of flights between air traffic control units 

Applicable provisions: Articles 1 to 7, the second and third sentences of Article 8, Annexes I 
to IV 

No 1265/2007 

Commission  Regulation  (EC)  No  1265/2007  of  26  October  2007  laying  down  requirements 
on air-ground voice channel spacing for the single European sky 

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

No 1315/2007 

Commission Regulation (EC) No 1315/2007 of 8 November 2007 on safety oversight in air 
traffic management and amending Regulation (EC) No 2096/2005 

Applicable provisions: Articles 1 to 15 

No 482/2008 

Commission  Regulation  (EC)  No  482/2008  of  30  May  2008  establishing  a  software  safety 
assurance system to be implemented by air navigation service providers and amending Annex 
II to Regulation (EC) No 2096/2005 

Applicable provisions: Articles 1 to 5, Annexes I to II 

No 668/2008 

Commission  Regulation  (EC)  N° 668/2008  of  15 July  2008  amending  Annexes  II  to  V  of 
Regulation  (EC)  No 2096/2005  laying  down  common  requirements  for  the  provision  of  air 
navigation services, as regards working methods and operating procedures. 

Applicable provisions: Articles 1 to 2 

No 1361/2008 

Council Regulation (EC) N° 1361/2008 of 16 December 2008 amending Regulation (EC) N° 
219/2007 on the establishment of a joint undertaking to develop the new generation European 
air traffic management system (SESAR). 

Applicable  provisions:  Articles  1  to  5  (with  the  exception  of  Article  1.6),  Annex  (with  the 
exception of points 11 and 12). 

No 29/2009 

Commission Regulation (EC) N° 29/2009 of 16 January 2009 laying down requirements on 
data link services for the single European sky. 

Applicable provisions: Articles 1 to 15, Annexes I-VII 

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No 30/2009 

Commission Regulation (EC) N° 30/2009 of 16 January 2009 amending Regulation (EC) N° 
1032/2006  as  far  as  the  requirements  for  automatic  systems  for  the  exchange  of  flight  data 
supporting data link services are concerned. 

Applicable provisions: Articles 1 to 2, Annex 

No 262/2009 

Commission Regulation (EC) N° 262/2009 of 30 March 2009 laying down requirements for 
the coordinated allocation and use of Mode S interrogator codes for the single European sky. 

Applicable provisions: Articles 1 to 13, Annexes I-III 

No 1070/2009 

Regulation (EC) N° 1070/2009 of the European Parliament and of the Council of 21 October 
2009  amending  Regulations  (EC)  N°  549/2004,  (EC)  N°  550/2004,  (EC)  N°  551/2004  and 
(EC)  N°  552/2004  in  order  to  improve  the  performance  and  sustainability  of  the  European 
aviation system. 

Applicable provisions: Articles 1 to 5, with the exception of Article 1.4 

No 1108/2009 

Regulation (EC) N° 1108/2009 of the European Parliament and of the Council of 21 October 
2009  amending  Regulation  (EC)  N°  216/2008  in  the  field  of  aerodromes,  air  traffic 
management and air navigation services and repealing Directive 2006/23/EC. 

No 73/2010 

Commission Regulation (EU) N° 73/2010 of 26 January 2010 laying down requirements on 
the quality of aeronautical data and aeronautical information for the single European sky. 

No 255/2010 

Commission Regulation (EU) N° 255/2010 of 25 March 2010 laying down common rules on 
air traffic flow management. 

No 691/2010 

Commission  Regulation  (EU)  N°  691/2010  of  29  July  2010  laying  down  a  performance 
scheme for air navigation services and network functions and amending Regulation (EC) N° 
2096/2005 laying down common requirements for the provision of air navigation services. 

No 929/2010 

Commission Regulation (EU) N° 929/2010 of 18 October 2010 amending Regulation (EC) N° 
1033/2006 as regards the ICAO provisions referred to in Article 3(1). 

No 1191/2010 

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Commission  Regulation  (EU)  N°  1191/2010  of  16  December  2010  amending  Regulation 
(EC) N° 1794/2006 laying down a common charging scheme for air navigation services. 

Commission  Decision  of  21  February  2011  setting  the  European  Union-wide  performance 
targets and alert thresholds for the provision of air navigation services for the years 2012 to 
2014 (2011/121/EU) 

No 176/2011 

Commission  Regulation  (EU)  N°  176/2011  of  24  February  2011  on  the  information  to  be 
provided before the establishment and modification of a functional airspace block. 

No 283/2011 

Commission  Regulation  (EU)  No 283/2011  of  22 March  2011  amending  Regulation  (EC) 
No 633/2007 as regards the transitional arrangements referred to in Article 7 

Commission  Decision  of  20.05.2011  on  exemptions  under  Article  14  of  Commission 
Regulation (EC) N° 29/2009 on data link services for the single European sky. 

No 677/2011 

Commission Regulation (EU) N° 677/2011 of 7 July 2011 laying down detailed rules for the 
implementation  of  air  traffic  management  (ATM)  network  functions  and  amending 
Regulation (EU) N° 691/2010. 

Commission Decision C(2011) 4130 final of 7 July 2011 on the nomination of the Network 
Manager for the air traffic management (ATM) network functions of the single European sky. 

No 805/2011 

Commission Regulation (EU) No 805/2011 of 10 August 2011 laying down detailed rules for 
air  traffic  controllers'  licences  and  certain  certificates  pursuant  to  Regulation  (EC)  No 
216/2008 of the European Parliament and of the Council. 

No 3922/91 

C. 

Aviation Safety 

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 

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•  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  1899/2006  of  12  December  2006  on  the  harmonisation  of  technical 

requirements and administrative procedures in the field of civil aviation 

•  Regulation  (EC)  No  1900/2006  of  the  European  Parliament  and  of  the  Council  of  20 
December 2006 amending Council Regulation (EEC) No 3922/91 on the harmonisation of 
technical requirements and administrative procedures in the field of civil aviation 

•  Commission  Regulation  (EC)  No  8/2008  of  11  December  2007  amending  Council 
technical  requirements  and 

Regulation  (EEC)  No  3922/91  as  regards  common 
administrative procedures applicable to commercial transportation by aeroplane 

•  Commission  Regulation  (EC)  No  859/2008  of  20  August  2008  amending  Council 
technical  requirements  and 

Regulation  (EEC)  No  3922/91  as  regards  common 
administrative procedures applicable to commercial transportation by aeroplane 

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 "Member States of the 
European Union". 

No 216/2008 

Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 
2008  on  common  rules  in  the  field  of  civil  aviation  and  establishing  a  European  Aviation 
Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 
and Directive 2004/36/EC 

Applicable  provisions:  Articles  1  to  68  with  the  exception  of  Article  65,  the  second 
subparagraph of Article 69(1), Article 69(4), Annexes I to VI 

as amended by: 

Commission  Regulation  (EC)  No  690/2009  of  30  July  2009  amending  Regulation  (EC)  No 
216/2008 of the European Parliament and the Council on common rules in the field of civil 
aviation  and  establishing  a  European  Aviation  Safety  Agency,  and  repealing  Council 
Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC  

Regulation (EC) N° 1108/2009 of the European Parliament and of the Council of 21 October 
2009  amending  Regulation  (EC)  N°  216/2008  in  the  field  of  aerodromes,  air  traffic 
management and air navigation services and repealing Directive 2006/23/EC 

Applicable  provisions:  Articles  1  to  3,  with  the  exception  of  paragraph  5  of  Article  8a, 
paragraph  6  of  Article  8b  and  paragraph  10  of  Article  8c  inserted  by  Article  1(7)  of 
Regulation (EC) N° 1108/2009, Annex 

No 996/2010 

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Regulation (EU) No 996/2010 of the European Parliament and of the Council of 20 October 
2010  on  the  investigation  and  prevention  of  accidents  and  incidents  in  civil  aviation  and 
repealing Directive 94/56/EC 

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 1321/2007 

Commission  Regulation  (EC)  No 1321/2007  of  12  November  2007 
laying  down 
implementing rules for the integration into a central repository of information on civil aviation 
occurrences exchanged in accordance with Directive 2003/42/EC of the European Parliament 
and of the Council  

Applicable provisions: Articles 1 to 4 

No 1330/2007 

Commission  Regulation  (EC)  No  1330/2007  of  24  September  2007 
laying  down 
implementing rules for the dissemination to interested parties of information on civil aviation 
occurrences  referred  to  in  Article  7(2)  of  Directive  2003/42/EC  of  the  European  Parliament 
and of the Council 

Applicable provisions: Articles 1 to 10, Annexes I to II 

No 1702/2003 

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

as amended by: 

•  Commission  Regulation  (EC)  No  381/2005  of  7  March  2005  amending  Regulation  (EC) 

No 1702/2003 

•  Commission Regulation (EC) No 706/2006 of 8 May 2006 amending Regulation (EC) No 
1702/2003  as  regards  the  period  during  which  Member  States  may  issue  approvals  of  a 
limited duration  

•  Commission Regulation (EC) No 335/2007 of 28 March 2007 amending Regulation (EC) 
No 1702/2003 as regards the implementing rules related to environmental certification of 
aircraft and related products, parts and appliances 

•  Commission Regulation (EC) No 375/2007 of 30 March 2007 amending Regulation (EC) 
No  1702/2003  laying  down  implementing  rules  for  the  airworthiness  and  environmental 

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certification  of  aircraft  and  related  products,  parts  and  appliances,  as  well  as  for  the 
certification of design and production organisations 

•  Commission  Regulation  (EC)  No  287/2008  of  28  March  2008  on  the  extension  of  the 

period of validity of referred to in Article 2c(3) of Regulation (EC) No 1702/2003 

•  Commission Regulation (EC) No 1057/2008 of 27 October 2008 amending Appendix II of 
Annex to Regulation (EC) No 1702/2003 concerning the Airworthiness Review Certificate 
(EASA Form 15a)  

•  Commission  Regulation  (EC)  No 1194/2009  of  30 November  2009  amending  Regulation 
(EC)  No 1702/2003 
the  airworthiness  and 
environmental certification of aircraft and related products, parts and appliances as well as 
for certification of design and production organisations 

implementing  rules  for 

laying  down 

Note:  Corrected  by  Corrigendum  to  Commission  Regulation  (EC)  No 1194/2009  of 
30 November  2009  amending  Regulation  (EC)  No 1702/2003  laying  down  implementing 
rules  for  the  airworthiness  and  environmental  certification  of  aircraft  and  related  products, 
parts and appliances as well as for certification of design and production organisations ( OJ L 
321, 8.12.2009 ) 

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

No 2042/2003 

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

as amended by: 

•  Commission Regulation (EC) No 707/2006 of 8 May 2006 amending Regulation (EC) No 

2042/2003 as regards approvals of a limited duration and Annexes I and III 

•  Commission Regulation (EC) No 376/2007 of 30 March 2007 amending Regulation (EC) 
No 2042/2003 on the continuing airworthiness of aircraft and aeronautical products, parts 
and appliances, and on the approval of organisations and personnel involved in these tasks 

•  Commission  Regulation  (EC)  No  1056/2008  of  27  October  2008  amending  Regulation 
(EC) No 2042/2003 on the continuing airworthiness of aircraft and aeronautical products, 
parts and appliances, and on the approval of organisations and personnel involved in these 
tasks 

•  Commission Regulation (EC) No 127/2010 amending Regulation (EC) No 2042/2003 on 
the  continuing  airworthiness  of  aircraft  and  aeronautical  products,  parts  and  appliances, 
and on the approval of organisations and personnel involved in these tasks 

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

No 104/2004 

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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 593/2007 

Commission Regulation (EC) No 593/2007 of 31 May 2007 on the fees and charges levied by 
the European Aviation Safety Agency  

as amended by: 

Commission  Regulation  (EC)  No  1356/2008  of  23  December  2008  amending  Regulation 
(EC) No 593/2007 on the fees and charges levied by the European Aviation Safety Agency 

Applicable provisions: Articles 1 to 12, Article 14(2), Annex 

No 736/2006  

Commission  Regulation  (EC)  No  736/2006  of  16  May  2006  on  working  methods  of  the 
European Aviation Safety Agency for conducting standardisation inspections 

Applicable provisions: Articles 1 to 18 

No 768/2006 

Commission  Regulation  (EC)  No  768/2006  of  19  May  2006  implementing  Directive 
2004/36/EC  of  the  European  Parliament  and  of  the  Council  as  regards  the  collection  and 
exchange  of  information  on  the  safety  of  aircraft  using  Community  airports  and  the 
management of the information system  

Applicable provisions: Articles 1 to 5 

No 2111/2005 

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

Applicable provisions: Articles 1-13, Annex 

Commission Regulation (EC) N° 473/2006 of 22 March 2006 laying down the rules for the 
Community  list  of  carriers  which  are  subject  to  an  operating  ban  within  the  Community 
referred to in Chapter II of Regulation (EC) NO 2111/2005 of the European Parliament and 
the Council 

Applicable provisions: Articles 1 to 6 and Annexes A to C 

Commission  Regulation  (EC)  No  474/2006  of  22  March  2006  establishing  the  Community 
list of air carriers which are subject to an operating ban within the Community referred to in 

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Chapter II of Regulation (EC) No 2111/2005 of the European Parliament and of the Council, 
and as subsequently amended. 

Applicable provisions: Articles 1 to 3 and Annexes A and B 

D. 

Aviation Security 

Framework Regulation 

No 300/2008 

Regulation  (EC)  No  300/2008  of  the  European  Parliament  and  of  the  Council  of  11  March 
2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 
2320/2002 

Applicable provisions: Articles 1 to 18, Article 21, Annex 

Supplementing Regulation 

No 272/2009 

Commission Regulation (EC) No 272/2009 of 2 April 2009 supplementing the common basic 
standards on civil aviation security laid down in the Annex to Regulation (EC) No 300/2008 
of the European Parliament and of the Council 

as amended by: 

• 

Commission  Regulation  (EU)  No  720/2011  of  22  July  2011  amending 
Commission  Regulation 
(EC)  No  272/2009  of  2  April  2009 
supplementing the common basic standards on civil aviation security as 
regards the phasing-in of the screening of liquids, aerosols and gels at EU 
airports 

No 1254/2009 

Commission  Regulation  (EU)  No  1254/2009  of  18  December  2009  setting  criteria  to  allow 
Member States to derogate from the common basic standards on civil aviation security and to 
adopt alternative security measures 

No 18/2010 

Commission Regulation (EU) No 18/2010 of 8 January 2010 amending Regulation (EC) No 
300/2008 of the European Parliament and of the Council as far as specifications for national 
quality control programmes in the field of civil aviation security are concerned  

Implementing Regulation 

No 72/2010 

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Commission  Regulation  (EU)  No  72/2010  of  26  January  2010  laying  down  procedures  for 
conducting Commission inspections in the field of aviation security 

No 185/2010 

Commission Regulation (EU) No 185/2010 of 4 March 2010 laying down detailed measures 
for the implementation of the common basic standards on aviation security 

as amended by: 

• 

• 

• 

• 

• 

Commission  Regulation  (EU)  No  357/2010  of  23  April  2010  amending 
Commission  Regulation  (EU)  No  185/2010  of  4  March  2010  laying 
down  detailed  measures  for  the  implementation  of  the  common  basic 
standards on aviation security 

Commission  Regulation  (EU)  No  358/2010  of  23  April  2010  amending 
Commission  Regulation  (EU)  No  185/2010  of  4  March  2010  laying 
down  detailed  measures  for  the  implementation  of  the  common  basic 
standards on aviation security 

Commission  Regulation  (EU)  No  573/2010  of  30  June  2010  amending 
Commission  Regulation  (EU)  No  185/2010  of  4  March  2010  laying 
down  detailed  measures  for  the  implementation  of  the  common  basic 
standards on aviation security 

Commission  Regulation  (EU)  No  983/2010  of  3  November  2010 
amending Regulation (EU) No 185/2010 laying down detailed measures 
for  the  implementation  of  the  common  basic  standards  on  aviation 
security 

Commission  Regulation  (EU)  No  334/2011  of  7  April  2011  amending 
Commission  Regulation  (EU)  No  185/2010  of  4  March  2010  laying 
down  detailed  measures  for  the  implementation  of  the  common  basic 
standards on aviation security 

Commission Decision 2010/774/EU of 13 April 2010 laying down detailed measures for the 
implementation of the common basic standards on aviation security containing information as 
referred to in Point (a) of Article 18 of Regulation (EC) No 300/2008 (need to know aviation 
security measures) 

as amended by: 

• 

Commission  Decision  2010/2604/EU  of  23  April  2010  amending 
Commission  Decision  2010/774/EU  of  13  April  2010  laying  down 
detailed measures for the implementation of the common basic standards 
on aviation security containing information as referred to in Point (a) of 
Article  18  of  Regulation  (EC)  No  300/2008  (protection  of  supplies  of 
LAGs and STEBs) 

• 

Commission  Decision  2010/3572/EU  of  30  June  2010  amending 
Commission  Decision  2010/774/EU  of  13  April  2010  laying  down 

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detailed measures for the implementation of the common basic standards 
on aviation security containing information as referred to in Point (a) of 
Article 18 of Regulation (EC) No 300/2008 (explosive detection dogs) 

• 

Commission  Decision  2010/9139/EU  of  20  December  2010  amending 
Commission  Decision  2010/774/EU  of  13  April  2010  laying  down 
detailed measures for the implementation of the common basic standards 
on aviation security containing information as referred to in Point (a) of 
Article 18 of Regulation (EC) No 300/2008 (metal detection for cargo) 

No 2006/93 

E. 

Environment 

Directive 2006/93/EC of the European Parliament and of the Council of 12 December 2006 
on the regulation of the operation of aeroplanes covered by Part II, Chapter 3 , Volume 1 of 
Annex 16 to the Convention on International Civil Aviation, second edition 

Applicable provisions: Articles 1 to 6 and Annexes I and II 

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 and the 2005 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 

No 2000/79 

F. 

Social Aspects 

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 European Transport Workers' Federation (ETF), 
the European Cockpit Association (ECA), the European Regions Airline Association (ERA) 
and the International Air Carrier Association (IACA) 

Applicable provisions: Articles 2 to 3, Annex  

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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: Article 1 to 19, 21 to 24 and 26 to 29 

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 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 

No 1107/2006 

Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 
concerning the rights of disabled persons and persons with reduced mobility when travelling 
by air 

Applicable provisions: Articles 1 to 17, Annexes I and II 

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No 80/2009 

H. 

Other legislation 

Regulation  (EC)  No  80/2009  of  the  European  Parliament  and  of  the  Council  of  14  January 
2009  on  a  Code  of  Conduct  for  computerised  reservation  systems  and  repealing  Council 
Regulation (EEC) No 2299/89 

Applicable provisions: Articles 1 to 18 and Annexes I and II 

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ANNEX IV 

List of other States referred to in Articles 3 and 4, and Annex I 

1. 

2. 

3. 

4. 

The Republic of Iceland (under the Agreement on the European Economic Area); 

The Principality of Liechtenstein (under the Agreement on the European Economic 
Area); 

The Kingdom of Norway (under the Agreement on the European Economic Area); 

The  Swiss  Confederation  (under  the  Agreement  between  the  European  Community 
and the Swiss Confederation). 

___________________ 

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