Proposal for a COUNCIL DECISION on the conclusion of the Euro-Mediterranean Aviation Agreement between the European Union and its Member States, of the one part, and the Government of the State of Israel, of the other part
Date: 2012-11-22
Institutions: European Commission
Subjects: Israel, agreement (EU), freedom of the skies

EUROPEAN 
COMMISSION 

Brussels, 22.11.2012  
COM(2012) 689 final 

2012/0324 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Euro-Mediterranean Aviation Agreement between the 
European Union and its Member States, of the one part, and the Government of the 
State of Israel, of the other part 

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EXPLANATORY MEMORANDUM 

1. 

Context of the proposal 

•  Grounds for and objectives of the proposal 

The  Euro-Mediterranean  Aviation  Agreement  between  the  European  Union  and  its 
Member States, of the one part, and the Government of the State of Israel, of the other 
part  has  been  negotiated  by  the  Commission  as  authorised  by  the  Council  in  April 
2008. Air services between the EU and the State of Israel presently operate on the basis 
of bilateral agreements between individual Member States and the State of Israel. 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 Government 
of the State of Israel was initialled by the two sides on 30 July 2012. 

•  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  State  of 
Israel. 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 Government of the 
State  of  srae  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".  

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2. 

Consultation of interested parties and impact assessment 

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 

The  stakeholder  comments,  many  of  which  were  made  orally  in  the  context  of  the 
negotiations,  which  took  over  three  years  and  eight  negotiation  rounds,  or  numerous 
EU  preparatory  meetings,  concerned  especially  an  as  fast  as  possible  opening  of  the 
EU-Israel  aviation  market  (flights  from/to  the  EU  to/from  Israel)  and  regulatory 
convergence. Furthermore, the stakeholders wished to make sure the EU rules on slots 
are respected in the agreement. 

All comments from stakeholders were duly taken into consideration in the preparation 
of the Union's negotiating position. The stakeholders have after the finalisation of the 
negotiations expressed they are keen to see the agreement signed and implemented. 

•  Collection and use of expertise 

There was no need for external expertise. 

•  Impact assessment 

A report prepared for the Commission in 2007 by consultants on the economic impact 
of the agreement, estimated that the economic benefit of such an agreement would be 
up  to  altogether  € 96 Mio p.a.  in  consumer  surplus  as  a  result  of  lower  fares.  The 
analysis also showed a positive impact in terms of job creation. 

A  summary  of  this  report  was  contained  in  a  Communication  from  the  Commission 
published on 9 November 2007 (COM(2007)691 final). 

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  six 
annexes:  Annex  I  on  agreed  services  and  specified  routes;  Annex  II  on  transitional 
provisions;  Annex  III  with  a  list  of  the  states  referred  to  in  articles  3,  4  and  8  of  the 
Agreement;  Annex  IV  on  rules  relating  to  civil  aviation;  Annex  V  on  agreed  base 
frequencies on certain routes; and Annex VI on regulatory requirements and standards. 

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•  Legal basis 

Article  100  (2),  in  conjunction  with  Article  218  (6)(a)  and  (8)  of  the  Treaty  on  the 
Functioning of the European Union. 

•  Subsidiarity principle 

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  State  of  Israel  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 State of Israel which is currently 
not the case. 

The gradual removal of all market access restrictions between the EU and the State of 
Israel  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  Israeli  air  carriers,  and  this  requires 
strong regulatory co-operation which can only be delivered at Union level. 

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

•  Choice of instruments 

Proposed instruments: international agreement 

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

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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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2012/0324 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Euro-Mediterranean Aviation Agreement between the 
European Union and its Member States, of the one part, and the Government of the 
State of Israel, 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 
Article100 (2), in conjunction with Article 218 (6)(a) and 218 (8) thereof, 

Having regard to the proposal from the European Commission, 

Having regard to the consent of the European Parliament 

Whereas: 

(1) 

(2) 

the  Commission  has  negotiated  on  behalf  of  the  Union  and  of  the  Member  States  a 
Euro-Mediterranean  Aviation  Agreement  with  the  Government  of  the  State  of  Israel 
(hereinafter, the “Agreement”) 

In accordance with Council Decision 2012/xxx of (…) the Agreement was signed on 
(…); 

(3) 

The Agreement should be approved on behalf of the European Union, 

(4) 

The  Agreement  should  be  implemented  in  conformity  with  the  European  Union's 
position that the territories which came under Israeli administration in June 1967 are 
not part of the territory of the State of Israel 

HAS ADOPTED THIS DECISION:  

Article 1 
Conclusion 

1. 

The  Euro-Mediterranean  Aviation  Agreement  between  the  European  Union  and  its 
Member  States,  of  the  one  part,  and  the  Government  of  the  State  of  Israel,  of  the 
other part, is hereby concluded on behalf of the Union.  

The text of the Agreement is attached to this Decision.  

2. 

The  President  of  the  Council  shall  designate  the  person  empowered  to  proceed  on 
behalf of the European Union, to make the notifications provided for in Article 30 of 
the Agreement in order to express the consent of the European Union to be bound by 
the Agreement. 

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Article 2 
Entry into force 

This decision shall enter into force on the day of its adoption. It shall be published in 
the Official Journal of the European Union. 

Done at Brussels,  

For the Council 

The President 

[…] 

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ANNEX 

EURO-MEDITERRANEAN AVIATION AGREEMENT 

BETWEEN THE EUROPEAN UNION 

AND ITS MEMBER STATES, OF THE ONE PART 

AND THE GOVERNMENT OF THE STATE OF ISRAEL, OF THE OTHER PART 

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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, 

THE HELLENIC REPUBLIC, 

THE KINGDOM OF SPAIN, 

THE FRENCH REPUBLIC, 

IRELAND, 

THE ITALIAN REPUBLIC, 

THE REPUBLIC OF CYPRUS, 

THE REPUBLIC OF LATVIA, 

THE REPUBLIC OF LITHUANIA, 

THE GRAND DUCHY OF LUXEMBOURG, 

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, 

Contracting  Parties  to  the  Treaty  on  European  Union  and  the  Treaty  on  the  functioning  of  the 
European Union, hereinafter referred to as the "Member States", and 

THE EUROPEAN UNION,  

of the one part, and 

THE GOVERNMENT OF THE STATE OF ISRAEL, hereinafter referred to as "Israel", 

of the other part, 

Desiring to promote an international aviation system based on fair competition among air carriers in 
the marketplace with minimum government interference and regulation;  

Desiring to facilitate the expansion of international air transport opportunities, including through the 
development of air 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; 

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

RECOGNISING  the  potential  benefits  of  regulatory  convergence  and,  to  the  extent  practical, 
harmonisation of regulations; 

Desiring to have all sectors of the air transport industry, including air carrier workers, benefit in a 
liberalised environment; 

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  air  transport  and 
undermine public confidence in the safety of civil aviation;  

RECOGNISING  the  security  needs  in  connection  with  the  air  relations  between  the  European 
Union and Israel, as a result of the current Geo-Political situation; 

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

RECOGNISING  that  this  Euro-Mediterranean  Aviation  Agreement  lies  within  the  scope  of  the 
Euro-Mediterranean Partnership envisaged in the Declaration of Barcelona of 28 November 1995; 

NOTING  their  common  will  to  promote  a  Euro-Mediterranean  Aviation  Area  based  on  the 
principles of regulatory convergence, regulatory cooperation and liberalisation of market access; 

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Desiring  to  ensure  a  level  playing  field  allowing  fair  and  equal  opportunity  for  air  carriers  to 
provide air transport; 

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 
on 28 May 1999, insofar as both the Contracting Parties are parties to this Convention; 

NOTING that this Agreement implies the exchange of personal data, which will be subject to the 
data protection legislation of the Contracting Parties and of the Commission Decision of 31 January 
2011  pursuant  to  Directive  95/46/EC  of  the  European  Parliament  and  of  the  Council  on  the 
adequate protection of personal data by the State of Israel with regard to automated processing of 
personal data (2011/61/EU); 

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 Contracting Parties;  

Noting  that  this  Agreement  is  to  be  applied  in  a  progressive  but  integral  way,  and  that  a  suitable 
mechanism  can  ensure  the  establishment  of  equivalent  regulatory  requirements  and  standards  for 
civil aviation based on the highest standards applied by the Contracting 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) 

(10) 

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

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

"Air carrier" means an undertaking with a valid operating licence;  

"Air transport" means the carriage by civil 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) air transport, and 
full cargo services; 

"Association  Agreement"  means  the  Euro-Mediterranean  Agreement  establishing  an 
association between the European Communities and their Member States, of the one part, 
and the State of Israel, of the other part, signed at Brussels on 20 November 1995; 

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

"Contracting  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, and, on the other hand, Israel; 

"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  Israel  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  Israel 
and the Member State or Member States of the European Union as is relevant to the 
issue in question; 

"EU Treaties" shall mean the Treaty on European Union and the Treaty on the functioning 
of the European Union; 

"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;  

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(11) 

(12) 

“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; 

"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; 

(13) 

"International  air  transport"  means  air  transport  that  passes  through  the  airspace  over  the 
territory of at least two States; 

(14) 

“IATA” means the International Air Transport Association; 

(15) 

“ICAO” means the International Civil Aviation Organisation; 

(16) 

"National" means:  

(a) 

(b) 

any  person  having  Israeli  citizenship  in  the  case  of  Israel,  or  the  nationality  of  a 
Member State in the case of the European Union and its Member States; or 

any legal entity (i) which is owned directly or through majority ownership and at all 
times is effectively controlled by persons or entities having Israeli citizenship in the 
case of Israel, or persons or entities having the nationality of a Member State or one 
of  the  other  states  listed  in  Annex III  in  the  case  of  the  European  Union  and  its 
Member  States,  and  (ii)  the  principal  place  of  business  of  which  is  in  Israel  in  the 
case  of  Israel,  or  in  a  Member  State  in  the  case  of  the  European  Union  and  its 
Member States; 

“Nationality”,  when  referred  to  an  air  carrier,  means  whether  an  air  carrier  satisfies 
requirements regarding such issues as its ownership, effective control and principal place 
of business; 

"Non-scheduled air service" means any commercial air service other than a scheduled air 
service; 

“Operating license” means, (i) in the case of the European Union and its Member States an 
operating license and any other relevant documents or certificates given under Regulation 
EC 1008/2008 and any successor instrument, and (ii) in the case of Israel an Air Operating 
License  and  any  other  relevant  documents  or  certificates  given  under  Article  18  of  The 
Israeli Air Navigation Law 2011 and any successor instrument;  

(17) 

(18) 

(19) 

(20) 

"Price" means: 

(a) 

"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 fares apply, including remuneration and conditions offered to agency and other 
auxiliary services; and 

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(b) 

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

This  definition  covers,  where  relevant,  the  surface  transport  in  connection  with 
international air transport and the applicable conditions; 

(21) 

(22) 

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

"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 Contracting Party concerned for fulfilling public service obligations; 

(23) 

"Scheduled  air  service"  means  a  series  of  flights  possessing  all  the  following 
characteristics: 

(a)  on each flight seats and/or  capacity to transport cargo and/or mail are available for 
individual  purchase  by  the  public  (either  directly  from  the  air  carrier  or  from  its 
authorised agents); 

(b) 

it is operated so as to serve traffic between the same two or more airports, either: 

– 

– 

according to a published timetable, or 

with flights so regular or frequent that they constitute a recognisably systematic 
series; 

(24) 

"SESAR"  (Single  European  Sky  ATM  Research)  means  the  technical  implementation  of 
the  Single  European  Sky  which  provides  a  coordinated,  synchronised  research, 
development and deployment of the new generations of air traffic management systems; 

(25) 

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

(a) 

a  practice  of  the  competent  authorities,  a  government,  a  regional  body  or  another 
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; 

(b) 

revenue  of  the  competent  authorities,  a  government,  a  regional  body  or  another 
public organisation that is otherwise due is foregone or not collected; 

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(c) 

(d) 

 the  competent  authorities,  a  government,  a  regional  body  or  another  public 
organisation provide goods or services other than general infrastructure, or purchase 
goods or services; or 

the  competent  authorities,  a  government,  a  regional  body  or  another  public 
organisation  make  payments  to  a  funding  mechanism  or  entrust  or  direct  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; 

(26) 

"Territory"  means,  for  Israel,  the  territory  of  the  State  of  Israel,  and,  for  the  European 
Union,  the  land  areas  (mainland  and  islands),  internal  waters  and  territorial  sea  in  which 
the EU Treaties are applied and under the conditions laid down in the EU 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  their  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  terms  of  the  Ministerial  Statement  on  Gibraltar 
Airport  agreed  in  Cordoba  on  18 September 2006.  The  application  of  this  Agreement  is 
understood  to  be  without  prejudice  to  the  status  of  the  territories  that  came  under  Israeli 
administration after June 1967; 

(27) 

"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 

Traffic Rights 

1. 

(a) 

(b) 

(c) 

(d) 

2. 

(a) 

(b) 

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

the right to fly across its territory without landing; 

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); 

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 

the rights otherwise specified in this Agreement. 

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

Israel 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; 

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

ARTICLE 3 

Authorisation 

1. 

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

(a) 

for an air carrier of Israel: 

– 

– 

the  air  carrier  has  its  principal  place  of  business  in  Israel,  and  has  received  its 
operating licence in accordance with the law of Israel; and 

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

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– 

the  air  carrier  is  owned,  directly  or  by  majority  participation,  and  effectively 
controlled by Israel 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 European Union 
Member  State  under  the  EU  Treaties,  and  has  received  its  operating  licence  in 
accordance with European Union law; and 

 effective  regulatory  control  of  the  air  carrier  is  exercised  and  maintained  by  the 
European  Union  Member State  responsible  for  issuing  its  Air  Operator  Certificate 
and the competent authority is clearly identified; and 

 the  air  carrier  is  owned,  directly  or  by  majority  participation,  and  it  is  effectively 
controlled by European Union Member States and/or by nationals of European Union 
Member  States,  or  by  other  States  listed  in  Annex  III  and/or  of  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 for the operation of international air transport; and 

the provisions set forth in Article 13 (Aviation Safety) and Article 14 (Aviation Security) 
are being maintained and administered. 

ARTICLE 3 bis 

Reciprocal Recognition of Regulatory Determinations 

with Regard to Air Carrier Fitness and Nationality 

Upon  receipt  of  an  application  for  authorisation  from  an  air  carrier  of  one  Contracting  Party,  the 
competent authorities of the other Contracting  Party shall recognise any fitness  and/or  nationality 
determination made by the competent authorities of the first Contracting Party with respect to that 
air carrier as if such determination had been made by its own competent authorities, and shall not 
inquire further into such matters, except as provided for in subparagraph a) 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  Contracting  Party  have  a 
specific  concern  based  on  reasonable  doubt  that,  despite  the  determination  made  by  the 
competent authorities of the other Contracting Party, the conditions prescribed in Article 3 
(Authorisation)  of  this  Agreement  for  the  grant  of  appropriate  authorisations  or 
permissions  have  not  been  met,  then  they  shall  promptly  advise  those  authorities,  giving 
substantive  reasons  for  their  concern.  In  that  event,  either  Contracting  Party  may  seek 
consultations  which  may  include  representatives  of  the  competent  authorities  of  both 
Contracting  Parties,  and/or  additional  information  relevant  to  this  concern,  and  such 
requests  shall  be  met  as  soon  as  practicable.  If  the  matter  remains  unresolved,  either 
Contracting  Party  may  bring  the  matter  to  the  Joint  Committee  set  up  under  Article  22 
(The Joint Committee) of this Agreement and may, in accordance with paragraphs 7 and 9 

EN 

17 

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of Article 22 (The Joint Committee), take appropriate safeguard measures under Article 24 
(Safeguard measures). 

(b) 

These procedures do not cover recognition of determinations in relation to: 

(i) Safety certificates or licences;  

(ii) Security arrangements; or 

(iii) Insurance coverage. 

ARTICLE 4 

Refusal, Revocation, Suspension or Limitation of Authorisation 

1. 

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

(a) 

for an air carrier of Israel: 

– 

– 

– 

the  air  carrier  does  not  have  its  principal  place  of  business  in  Israel,  or  has  not 
received its operating licence in accordance with the applicable law of Israel; or 

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

the  air  carrier  is  not  owned,  directly  or  by  majority  participation,  or  effectively 
controlled by Israel and/or nationals of Israel; 

(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 
European  Union  Member  State  under  the  EU  Treaties,  or  has  not  received  its 
operating licence in accordance with European Union law; or 

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

the  air  carrier  is  not  owned,  directly  or  by  majority  participation,  or  effectively 
controlled  by  European  Union  Member States  and/or  nationals  of  European  Union 
Member States, or by other States listed in Annex III and/or nationals of these other 
States; 

the  air  carrier  has  failed  to  comply  with  the  laws  and  regulations  referred  to  in  Article 6 
(Compliance with laws and regulations) of this Agreement;  

the provisions set forth in Article 13 (Aviation Safety) and Article 14 (Aviation Security) 
are not being maintained or administered; or 

18 

   EN 

(c) 

(d) 

EN 

 
(e) 

2. 

1. 

2. 

1. 

2. 

a Contracting Party has made the determination in accordance with Article 7 (Competitive 
Environment) 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,  the  rights  established  by  this  Article  shall  be  exercised  only  after 
consultation with the competent authorities of the other Contracting Party. 

ARTICLE 5 

Investment 

Notwithstanding Article 3 (Authorisation) and Article 4 (Refusal, Revocation, Suspension, 
Limitation  of  Authorisation)  of  this  Agreement,  and  upon  verification  by  the  Joint 
Committee  in  accordance  with  Article  22  (10)  (The  Joint  Committee)  that  reciprocal 
arrangements are available, the Contracting Parties may allow majority ownership and/or 
the  effective  control  of  air  carriers  of  Israel  by  European  Union  Member  States  or  their 
nationals, or of air carriers of the European Union by Israel or its nationals in accordance 
with the conditions of paragraph 2 of this Article. 

In  relation  to  paragraph  1  of  this  Article,  specific  investments  by  Contracting  Parties' 
interests  shall  be  individually  permitted  by  virtue  of  a  prior  decision  of  the  Joint 
Committee in accordance with Article 22(2) (The 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 
Contracting  Parties.  The  provisions  of  Article  22(9)  (The  Joint  Committee)  of  this 
Agreement shall not apply to this type of decisions.  

ARTICLE 6 

Compliance with Laws and Regulations 

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

While  entering,  within,  or  leaving  the  territory  of  one  Contracting  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 Contracting Party's air carriers. 

ARTICLE 7 

Competitive Environment 

EN 

19 

   EN 

 
1. 

2. 

3. 

4. 

5. 

(a) 

(b) 

(c) 

6. 

7. 

The  Contracting  Parties  reaffirm  the  application  of  the  provisions  of  Chapter  3 
("Competition") of Title IV of the Association Agreement to this Agreement. 

The  Contracting  Parties  acknowledge  that  it  is  their  joint  objective  to  have  a  fair  and 
competitive  environment  for  the  operation  of  air  services.  The  Contracting  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, and where neutral 
and non-discriminatory access to airport facilities, services, and slot allocation is ensured. 

If one Contracting Party finds that conditions exist in the territory of the other Contracting 
Party,  in  particular  due  to  subsidy,  which  would  adversely  affect  the  fair  and  equal 
opportunity  of  its  air  carriers  to  compete,  it  may  submit  observations  to  the  other 
Contracting  Party.  Furthermore,  it  may  request  a  meeting  of  the  Joint  Committee,  as 
provided  for  in  Article  22  (The  Joint  Committee)  of  this  Agreement.  Consultations  shall 
start within 30 days of receipt of such a request. Failure to reach a satisfactory agreement 
within 30 days from the start of consultations shall constitute grounds for the Contracting 
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 4 (Refusal, Revocation, Suspension or Limitation of Authorisation).  

The  actions  referred  to  in  paragraph  3  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(s) benefiting from the conditions referred to in paragraph 3, 
and shall be without prejudice to the right of either Contracting Party to take action under 
Article 23 (Dispute resolution and Arbitration). 

The Contracting Parties agree that the participation of the Israeli Government to help cover 
additional  security  expenses  incurred  by  the  Israeli  air  carriers  as  a  result  of  Israeli 
Government  instructions, is not  an unfair competitive practice and is not considered as a 
subsidy for the purpose of this article provided that: 

such support covers exclusively costs necessarily incurred by the air carriers of Israel when 
implementing  extra  security  measures  required  by  the  Israeli  authorities  which  are  not 
imposed on, or incurred by, air carriers of the European Union; and 

such security costs are clearly identified and quantified by Israel; and 

the Joint Committee receives, once a year, a report describing the total sum of the security 
expenses and the rate of participation of the Israeli government in the previous year. 

Each  Contracting  Party,  upon  notification  to  the  other  Contracting  Party,  may  approach 
responsible  government  entities  in  the  territory  of  the  other  Contracting  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 Contracting Parties' laws 
and  regulations  regarding  public  service  obligations  in  the  territories  of  the  Contracting 
Parties. 

EN 

ARTICLE 8 

20 

   EN 

 
Air carrier representatives 

Commercial Opportunities 

1. 

2. 

The  air  carriers  of  each  Contracting  Party  shall  have  the  right  to  establish  offices  and 
facilities  in  the  territory  of  the  other  Contracting  Party  required  for  the  provision  of  air 
transport  and  for  the  promotion  and  sale  of  air  transport,  including  ancillary  or 
supplemental services. 

The air carriers of each Contracting Party shall be entitled, in accordance with the laws and 
regulations of the other Contracting Party relating to entry, residence and employment, to 
bring  in  and  maintain  in  the  territory  of  the  other  Contracting  Party  managerial,  sales, 
technical, operational, and other specialist staff who are required to support the provision 
of air transport. 

Ground handling 

3. 

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

(i) 

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

the right to select among competing suppliers that provide groundhandling services 
(ii) 
in whole or in part where such suppliers are allowed market access on the basis of the laws 
and  regulations  of  each  Contracting  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 
of  freight  and  mail  between  the  air  terminal  and the aircraft,  the rights under point (a)(i) 
and  (ii)  shall  be  subject  only  to  physical  or  operational  constraints  according  to  the  laws 
and  regulations  applicable  in  the  territory  of  the  other  Contracting  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; prices of such services shall not 
exceed their full cost including a reasonable return on assets, after depreciation. 

Sales, local expenses and transfer of funds 

4. 

5. 

Any  air  carrier  of  each  Contracting  Party  may  engage  in  the  sale  of  air  transport  in  the 
territory  of  the  other  Contracting  Party  directly  and/or,  at  the  air  carrier's  discretion, 
through  its  sales  agents,  other  intermediaries  appointed  by  the  air  carrier  or  through  the 
internet  or  any  other  available  channel.  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. 

Each  air  carrier  shall  have  the  right  to  convert  and  remit  at  any  time,  in  any  way,  freely 
without restrictions or taxation, in any freely convertible currency and at the official rate of 
exchange applicable, from the territory of the other Contracting Party to its home territory 

EN 

21 

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and, except where inconsistent with generally applicable law or regulation, to the country 
or countries of its choice, on demand, local revenues.  

6. 

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

Cooperative arrangements 

7. 

(a) 

(b) 

(c) 

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

any air carrier or carriers of the Contracting Parties; and 

any air carrier or carriers of a third country; and 

any surface, land or maritime carriers; 

provided  that  (i)  the  operating  carrier  holds  the  appropriate  traffic  rights  and  (ii)  the  marketing 
carriers  hold  the  appropriate  route  rights  within  the  relevant  bilateral  provisions  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  at  check-in,  or  on  boarding  where  no  check-in  is 
required  for  a  connecting  flight,  which  transportation  providers  will  operate  each  sector  of  the 
service. 

Surface transport 

8. 

(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  Contracting  Parties  shall  be  permitted, 
without  restriction,  to  employ  in  connection  with  international  air  transport  any  surface 
transport  for  cargo  to  or  from  any  points  in  Israel  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 

EN 

22 

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Leasing 

9. 

surface transport combined, provided that shippers are not misled as to the facts concerning 
such transport. 

a) 
The  air  carriers  of  each  Contracting  Party  shall  be  entitled  to  provide  the  agreed 
services  using  aircraft  leased  with  or  without  crew  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  Contracting  Parties  to 
such arrangements. 

b)  Neither Contracting Party shall require the air carriers leasing out their equipment to 
hold traffic rights under this Agreement. 

c) 
The leasing with crew (wet-leasing) of an aircraft of an air carrier of a third country, 
other that those mentioned in Annex III, by an Israeli air carrier or by an air carrier of the 
European Union, in order to exploit the rights envisaged in this Agreement, shall  remain 
exceptional or meet temporary needs. It shall be submitted to (i) the licensing authority of 
the  leasing  air  carrier  for  prior  approval  and  (ii)  the  competent  authority  of  the  other 
Contracting Party to where it is intended to operate the wet-leased aircraft for information. 

For the purposes of this subparagraph, the term "aircraft" means an aircraft of an air carrier 
of a third country, which is not prohibited to operate in the European Union and/or Israel. 

Franchising and Branding 

10. 

The  air  carriers  of  each  Contracting  Party  shall  be  entitled  to  enter  into  franchising  or 
branding arrangements with companies, including air carriers, of either Contracting 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 Contracting Parties to 
such  arrangements,  particularly  those  requiring  the  disclosure  of  the  identity  of  the  air 
carriers operating the service. 

Airport slot allocation 

11. 

Each  Contracting  Party  shall  ensure  that  its  procedures,  guidelines  and  regulations  to 
manage slots applicable at airports in its territory are applied in a transparent, effective and 
non-discriminatory manner. 

Consultations in the Joint Committee 

12. 

If  a  Contracting  Party  believes  that  the  other  Contracting  Party  is  in  violation  of  this 
Article, it may notify the other Contracting Party of its findings and request consultations 
under paragraph 4 of Article 22 (The Joint Committee).  

ARTICLE 9 

Customs Duties and Charges 

EN 

23 

   EN 

 
1. 

2. 

(a) 

(b) 

(c) 

(d) 

(e) 

3. 

4. 

On arriving in the territory of one Contracting Party, aircraft operated in international air 
transport  by  the  air  carriers  of  the  other  Contracting  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,  from  all  import  restrictions,  property  taxes  and  capital  levies, 
customs  duties,  excise  taxes,  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, 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 Contracting Party and taken 
on board, within reasonable limits, for use on outbound aircraft of an air carrier of the other 
Contracting 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 
Contracting Party for the servicing, maintenance, or repair of aircraft of an air carrier of the 
other Contracting Party used in international air transport; 

fuel,  lubricants  and  consumable  technical  supplies  introduced  into  or  supplied  in  the 
territory  of  a  Contracting  Party  for  use  in  an  aircraft  of  an  air  carrier  of  the  other 
Contracting 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  Contracting  Party, 
introduced into or supplied in the territory of one Contracting Party and taken on board for 
use  on  outbound  aircraft  of  an  air  carrier  of  the  other  Contracting  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. 

Nothing in this Agreement shall prevent a Contracting 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. While 
entering, within, or leaving the territory of one Contracting Party, its laws and regulations 
relating  to  the  sale,  supply,  and  use  of  aircraft  fuel  shall  be  complied  with  by  the  other 
Contracting Party's air carriers. 

The  regular  airborne,  as  well  as  the  material,  supplies  and  spare  parts  referred  to  in 
paragraphs  1  and  2  of  this  Article  normally  retained  on  board  aircraft  operated  by  an  air 
carrier of one Contracting party may be unloaded in the territory of the other Contracting 
Party only with the approval of the customs authorities of that Contracting Party and may 

EN 

24 

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5. 

6. 

7. 

1. 

2. 

3. 

be required to be  kept  under  the supervision or control of  the said authorities up to such 
time as they are re-exported or otherwise disposed in accordance with customs regulation. 

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

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. 

The  stipulations  of  the  present  Agreement  shall  not  affect  the  field  of  VAT,  with  the 
exception  of  such  tax  on  imports.  The  provisions  of  the  respective  conventions  in  force 
between a European Union Member State and Israel for the avoidance of double taxation 
on income and on capital remain unaffected by this Agreement. 

ARTICLE 10 

User Charges for Airports and Aviation Facilities and Services 

Each  Contracting  Party  shall  ensure  that  user  charges  that  may  be  imposed  by  its 
competent charging authorities or bodies on the air carriers of the other Contracting Party 
for the use of air navigation and air traffic control services shall be cost-related and non-
discriminatory. In any event, any such user charges shall be assessed on the air carriers of 
the  other  Contracting  Party  on  terms  not  less  favourable  than  the  most  favourable  terms 
available to any other air carrier. 

Each  Contracting  Party  shall  ensure  that  user  charges  that  may  be  imposed  by  its 
competent charging authorities or bodies on the air carriers of the other Contracting Party 
for  the  use  of  airport,  aviation  security  and  related  facilities  and  services  shall  be  not 
unjustly  discriminatory,  and  equitably  apportioned  among  categories  of  users.  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. 

Each  Contracting  Party  shall  encourage  consultations  between  the  competent  charging 
authorities or bodies in its territory and the air carriers or their representative bodies using 
the services and facilities, and shall encourage the competent charging authorities or bodies 
to  provide  each  airport  user,  or  the  representatives  or  associations  of  airport  users,  with 
information on the components serving as a basis for determining the system or the level of 
all charges levied at each airport by the airport managing bodies as such information may 
be  necessary  to  permit  an  accurate  review  of  the  reasonableness  of  the  charges  in 

EN 

25 

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accordance  with  the  principles  of  paragraphs  1  and  2  of  this  Article.  Each  Contracting 
Party shall encourage the competent charging authorities to 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  Contracting  Party  shall  be  held,  in  dispute  resolution  procedures  pursuant  to 
Article  23  (Dispute  Resolution  and  Arbitration),  to  be  in  breach  of  a  provision  of  this 
Article, unless (a) it fails to undertake a review of the charge or practice that is the subject 
of  complaint  by  the  other  Contracting  Party  within  a  reasonable  amount  of  time;  or  (b) 
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 11 

Pricing 

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

The Contracting Parties shall not require prices to be filed. 

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

ARTICLE 12 

Statistics 

Each  Contracting  Party  shall  provide  the  other  Contracting  Party  with  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 
air services under this Agreement. 

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

4. 

1. 

2. 

3. 

1. 

2. 

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26 

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TITLE II 

REGULATORY COOPERATION 

ARTICLE 13 

Aviation Safety 

1. 

2. 

3. 

4. 

5. 

6. 

Without prejudice to the discretion of the legislative authorities of the Contracting Parties, 
the  Contracting  Parties  shall  closely  cooperate  in  the  area  of  aviation  safety  with  the 
objective  of  establishing,  to  the  practical  extent  possible,  harmonised  rules  or  mutual 
recognition  of  each  other's  safety  standards.  The  Joint  Committee,  with  the  assistance  of 
the European Aviation Safety Agency, shall oversee this process of cooperation. 

The  Contracting  Parties  shall  ensure  that  their  relevant  legislation,  rules  or  procedures 
deliver,  at  minimum,  the  level  of  regulatory  requirements  and  standards  relating  to  air 
transport specified in Part A of Annex IV, as detailed in Annex VI.  

The  competent  authorities  of  the  Contracting  Parties  shall  recognise  as  valid,  for  the 
purposes  of  operating  the  air  transport  provided  for  in  this  Agreement,  certificates  of 
airworthiness,  certificates  of  competency,  and  licenses  issued  or  validated  by  each  other 
and  still  in  force,  provided  that  the  requirements  for  such  certificates  or  licenses  at  least 
equal  the  minimum  standards  that  may  be  established  pursuant  to  the  Convention.  The 
competent  authorities  may,  however,  refuse  to  recognise  as  valid  for  purposes  of  flight 
above their  own  territory, certificates of competency and licenses  granted  to or validated 
for their own nationals by such other authorities. 

Each  Contracting  Party  may  request  consultations  at  any  time  concerning  the  safety 
standards  maintained  by  the  other  Contracting  Party  in  areas  relating  to  aeronautical 
facilities,  flight  crew,  aircraft  and  the  operation  of  aircraft.  Such  consultations  shall  take 
place within thirty (30) days of that request. 

If,  following  such  consultations,  one  Contracting  Party  finds  that  the  other  Contracting 
Party does not effectively maintain and administer safety standards in the areas referred to 
in paragraph 4 that meet the standards established at that time pursuant to the Convention, 
the other Contracting Party shall be informed of such findings and of the steps considered 
necessary to conform with the ICAO standards. The other Contracting Party shall then take 
appropriate corrective action within an agreed time period. 

The  Contracting  Parties  shall  ensure  that  aircraft  registered  in  one  Contracting  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  Contracting  Party  shall  be  subject  to  ramp  inspections  by  the 
competent authorities of that other Contracting Party, on board and around the aircraft to 
check  both  the  validity  of  the  aircraft  documents  and  those  of  its  crew  and  the  apparent 
condition of the aircraft and its equipment. 

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27 

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7. 

(a) 

(b) 

(c) 

8. 

9. 

10. 

1. 

2. 

3. 

The  competent  authorities  of  either  Contracting  Party  may  take  all  appropriate  and 
immediate measures whenever they ascertain that an aircraft, any component of an aircraft 
or an operation may: 

fail to satisfy the minimum standards established pursuant to the Convention, or 

give rise to serious concerns – established through an inspection referred to in paragraph 6, 
pursuant  to  Article  16  of  the  Convention –  that  an  aircraft  or  the  operation  of  an  aircraft 
does not comply with the minimum standards established pursuant to the Convention , or 

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

Where the competent authorities of one Contracting Party take action under paragraph 7, 
they  shall  promptly  inform  the  competent  authorities  of  the  other  Contracting  Party  of 
taking such action, providing reasons for its action. 

When  urgent  action  is  essential  to  ensure  the  safety  of  an  air  carrier  operation,  each 
Contracting  Party  reserves  the  right  to  immediately  suspend  or  vary  the  operating 
authorisation of an air carrier or air carriers of the other Contracting Party.  

Where measures taken in application of paragraphs 7 or 9 are not discontinued even though 
the basis for taking them has ceased to exist, either Contracting Party may refer the matter 
to the Joint Committee. 

ARTICLE 14 

Aviation Security 

The Contracting 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, insofar as both Contracting Parties are parties to these conventions, as 
well as all other conventions and protocols relating to civil aviation security of which both 
Contracting Parties are parties. 

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

The Contracting 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 ICAO and designated as Annexes to the Convention, to the extent that 

EN 

28 

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such security provisions are applicable to the Contracting Parties. Both Contracting 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, at least, in conformity with such aviation security provisions.  

Each Contracting Party shall ensure that effective measures are taken within its territory to 
protect aircraft, to screen passengers and their carry-on items, and to carry out appropriate 
checks  on  crew,  cargo  (including  hold  baggage)  and  aircraft  stores  prior  to  and  during 
boarding  or  loading  and  that  those  measures  are  adjusted  to  meet  increases  in  the  threat. 
Each Contracting Party agrees that their air carriers may be required to respect the aviation 
security provisions referred to in paragraph 3 required by the other Contracting Party, for 
entrance into, departure from, or while within, the territory of that other Contracting Party. 
When a Contracting Party is informed of a specific threat for a specific flight or specific 
series of flights to or from the territory of the other Contracting Party, it shall inform the 
other  Contracting  Party,  and  special  security  measures  may  be  decided  by  the  first 
Contracting Party to take into account the specific threat, in accordance with paragraph 6. 

The  Contracting  Parties  agree  to  work  towards  achieving  mutual  recognition  of  each 
other's  security  standards.  To  this  end,  they  shall  establish  administrative  arrangements 
allowing  for  consultations  on  existing  or  planned  aviation  security  measures  and  for 
cooperation  and  sharing  of  information  on  quality  control  measures  implemented  by  the 
Contracting  Parties.  A  Contracting  Party  may  also  request  the  cooperation  of  the  other 
Contracting Party to assess whether particular security measures of that other Contracting 
Party meet the requirements of the requesting Contracting Party. Taking into account the 
results  of  the  assessments,  the  requesting  Contracting  Party  may  decide  that  security 
measures  of  an  equivalent  standard  are  applied  in  the  territory  of  the  other  Contracting 
Party  in  order  that  transfer  passengers,  transfer  baggage,  and/or  transfer  cargo  may  be 
exempted  from  re-screening  in  the  territory  of  the  requesting  Contracting  Party.  Such  a 
decision shall be communicated to the other Contracting Party. 

Each  Contracting  Party  shall  also  act  favourably  upon  any  request  from  the  other 
Contracting  Party  for  reasonable  special  security  measures  to  meet  a  particular  threat. 
Except  in  case  of  emergency,  each  Contracting  Party  will  inform  the  other  Contracting 
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 Contracting Party may request a meeting of the Joint Committee to 
discuss such security measures, as provided for in Article 22 (The 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 
navigation  facilities  occurs,  the  Contracting  Parties  shall  assist  each  other  by  facilitating 
communications  and  other  appropriate  measures  intended  to  terminate  rapidly  and  safely 
such incident or threat thereof. 

Each Contracting 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 

4. 

5. 

6. 

7. 

8. 

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29 

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9. 

10. 

11. 

12. 

13. 

14. 

1. 

2. 

(a) 

the  overriding  duty  to  protect  human  life.  Wherever  practicable,  such  measures  shall  be 
taken on the basis of mutual consultations. 

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

Without  prejudice  to  Article  4  (Refusal,  Revocation,  Suspension  or  Limitation  of 
Authorisation), 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 
Contracting Party. 

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

Without  prejudice  to  the  need  to  take  immediate  action  in  order  to  protect  transport 
security,  the  Contracting  Parties  affirm  that  when  considering  security  measures,  each 
Contracting Party shall evaluate possible adverse economic and operational effects on the 
operation of air services under this Agreement and, unless constrained by law, shall take 
such factors into account when it determines what measures are necessary and appropriate 
to address those security concerns. 

Any action taken in accordance with the paragraphs 10 or 11 shall be discontinued upon 
compliance by the other Contracting Party with the provisions of this Article. 

Notwithstanding this Article, The Contracting Parties agree that no party will be obliged to 
reveal  information,  which  may  harm  the  national  security  of  each  of  the  Contracting 
Parties.  

ARTICLE 15 

Air Traffic Management 

The  Contracting  Parties  agree  to  cooperate  closely  in  the  field  of  air  traffic  management 
with a view to extending the Single European Sky to Israel in order to enhance safety and 
overall efficiency for general air traffic, to optimise capacities and to minimise delays. To 
this purpose, Israel shall be involved in the Single European Sky Committee as observer. 
The Joint Committee shall monitor this process of cooperation.  

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

Israel  shall  take  the  necessary  measures  to  adjust  its  air  traffic  management  institutional 
structures  to  the  Single  European  Sky,  in  particular  by  establishing  a  pertinent  national 
supervisory body at least functionally independent of the air navigation service provider(s); 
and 

EN 

30 

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(b) 

3. 

1. 

2. 

3. 

4. 

5. 

1. 

2. 

The European Union shall associate Israel with relevant operational initiatives in the fields 
of air navigation services, airspace and interoperability that stem from the Single European 
Sky, in particular through appropriate coordination on SESAR. 

(a) The Contracting Parties shall ensure that their relevant legislation, rules or procedures 
deliver,  at  minimum,  the  regulatory  requirements  and  standards  relating  to  air  transport 
specified in Section A of Part B of Annex IV as detailed in Annex VI. 

(b)  The  Contracting  Parties  shall  endeavour  to  act  in  accordance  with  European  Union 
regulatory  requirements  and  standards  relating  to  air  transport  specified  in  Section  B  of 
Part B of Annex IV as detailed in Annex VI. 

ARTICLE 16 

Environment 

The  Contracting  Parties  recognise  the  importance  of  protecting  the  environment  when 
developing and implementing international aviation policy. 

The Contracting Parties acknowledge that effective global, regional, national and/or local 
action is needed to minimise the impact of civil aviation on the environment. 

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

Nothing  in  this  Agreement  shall  be  construed  to  limit  the  authority  of  the  competent 
authorities of a Contracting Party to take all appropriate measures to prevent or otherwise 
address the environmental impacts of air transport provided that such measures are applied 
without distinction as to nationality.  

The  Contracting  Parties  shall  ensure  that  their  relevant  legislation,  rules  or  procedures 
deliver,  at  minimum,  the  regulatory  requirements  and  standards  relating  to  air  transport 
specified in Part C of Annex IV as detailed in Annex VI. 

ARTICLE 17 

Air Carrier Liability  

The Contracting Parties reaffirm their obligations under the Convention for the Unification 
of Certain Rules for International Carriage by Air, done at Montreal on 28 May 1999 (the 
Montreal Convention). 

The  Contracting  Parties  shall  ensure  that  their  relevant  legislation,  rules  or  procedures 
deliver,  at  minimum,  the  regulatory  requirements  and  standards  relating  to  air  transport 
specified in Part D of Annex IV as detailed in Annex VI. 

EN 

ARTICLE 18 

31 

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Consumer Rights and Protection of Personal Data  

The  Contracting  Parties  shall  ensure  that  their  relevant  legislation,  rules  or  procedures  deliver,  at 
minimum, the regulatory requirements and standards relating to air transport specified in Part E of 
Annex IV as detailed in Annex VI. 

ARTICLE 19 

Computer Reservation Systems 

The  Contracting  Parties  shall  apply  their  laws  and  regulations,  including  competition  rules,  to 
operations  of  computer  reservation  systems  on  a  fair  and  non-discriminatory  basis.  The  computer 
reservation systems, air carriers and travel agencies of one Contracting Party shall enjoy treatment 
equivalent  to  that  given  to  the  computer  reservation  systems,  air  carriers  and  travel  agencies 
operating in the territory of the other Contracting Party. 

ARTICLE 20 

Social aspects 

The  Contracting  Parties  shall  ensure  that  their  relevant  legislation,  rules  or  procedures  deliver,  at 
minimum, the regulatory requirements and standards relating to air transport specified in Part F of 
Annex IV as detailed in Annex VI. 

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TITLE III 

INSTITUTIONAL PROVISIONS 

ARTICLE 21 

Interpretation and Enforcement 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

4. 

5. 

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

Each  Contracting  Party  shall  be  responsible,  in  its  own  territory,  for  the  proper 
enforcement  of  this  Agreement  and,  in  particular,  the  regulatory  requirements  and 
standards relating to air transport specified in Annex IV as detailed in Annex VI. 

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

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

ARTICLE 22 

The Joint Committee 

A committee composed of representatives of the Contracting Parties (hereinafter referred 
to  as  the  Joint Committee)  is  hereby  established,  which  shall  be  responsible  for  the 
administration  of  this  Agreement  and  shall  ensure  its  proper  implementation.  For  this 
purpose it shall make recommendations and take decisions in the cases provided for in this 
Agreement. 

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

The Joint Committee shall adopt its Rules of Procedure. 

The  Joint  Committee  shall  meet  as  and  when  necessary,  and  at  least  once  a  year.  Either 
Contracting Party may request the convening of a meeting. 

A Contracting 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 

EN 

33 

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6. 

7. 

8. 

9. 

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 Contracting Parties. 

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

If, in the view of one of the Contracting Parties, a decision of the Joint Committee is not 
properly implemented by the other Contracting 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 Contracting Party may take appropriate safeguard 
measures under Article 24 (Safeguard Measures). 

The  decisions  of  the  Joint  Committee  shall  state  the  date  of  its  implementation  in  the 
Contracting Parties and any other information likely to concern economic operators. 

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 Contracting 
Parties  may  take  appropriate  temporary  safeguard  measures  under  Article  24  (Safeguard 
Measures). 

10. 

The Joint Committee shall examine questions relating to bilateral investments of majority 
participation, or changes in the effective control of air carriers of the Contracting Parties. 

11. 

The Joint Committee shall also develop cooperation by: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

carrying  out  its  specific  tasks  in  relation  to  the  process  of  regulatory 
cooperation, as set out in Title II of this Agreement; 

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

infrastructure 

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

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

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

addressing  the  application  of  section  A.1  of  Annex  IV  (list  of  air  carriers 
subject to an operating ban). 

12. 

The Parties share the goal of maximising the benefits for consumers, air carriers,  labour, 
and communities on both sides by extending this Agreement to include third countries. To 

EN 

34 

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this  end,  the  Joint  Committee  shall  work  to  develop  a  proposal  regarding  the  conditions 
and procedures, including any necessary amendments to this Agreement, which would be 
required for third countries to accede to this Agreement. 

ARTICLE 23 

Dispute Resolution and Arbitration 

1. 

2. 

3. 

4. 

Either  Contracting  Party  may  refer  through  diplomatic  channels,  to  the  Association 
Council  established  under  the  Association  Agreement,  any  dispute  relating  to  the 
application  or  interpretation  of  this  Agreement,  having  not  been  resolved  in  accordance 
with  Article 22  (The  Joint  Committee).  For  the  purposes  of  this  Article,  the  Association 
Council established under the Association Agreement shall act as Joint Committee. 

The Association Council may settle the dispute by means of a decision. 

The  Contracting  Parties  shall  take  the  necessary  measures  to  implement  the  decision 
referred to in paragraph 2. 

Should  the  Contracting  Parties  be  unable  to  settle  the  dispute  in  accordance  with 
paragraph 2, the dispute shall, at the request of either Contracting Party, be submitted to an 
arbitration  tribunal  of  three  arbitrators  in  accordance  with  the  procedure  laid  down 
hereafter: 

(a) 

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

(b) 

the third arbitrator appointed under the terms of paragraph a) above should be a 
national  of  a  third  State  having  diplomatic  relations  with  each  of  the 
Contracting Parties at the time of appointment, and shall act as a President of 
the arbitration tribunal; 

(c) 

the arbitration tribunal shall agree its rules of procedure; and 

(d) 

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

5. 

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

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35 

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6. 

7. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

The  arbitration  tribunal  shall  seek  to  adopt  any  provisional  decision  or  final  decision  by 
consensus.  Where  consensus  is  not  possible,  the  arbitration  tribunal  shall  adopt  its 
decisions by majority voting.  

If  one  of  the  Contracting  Parties  does  not  act  in  conformity  with  a  decision  of  the 
arbitration  tribunal  taken  under  the  terms  of  this  Article  within  thirty  (30)  days  from  the 
notification of the aforementioned decision, the other Contracting 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 to the Contracting Party at fault. 

ARTICLE 24 

Safeguard Measures 

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

If either Contracting Party considers that the other Contracting Party has failed to fulfil an 
obligation  under  this  Agreement,  it  may  take  appropriate  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 which will least disturb the functioning of this Agreement. 

A Contracting Party which is considering taking safeguard measures shall notify the other 
Contracting Party through the Joint Committee and shall provide all relevant information. 

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

Without  prejudice  to  Articles  3(1)(d)  (Authorisation)  and  4(1)(d)  (Refusal,  Revocation, 
Suspension  or  Limitation  of  Authorisation)  and  Articles  13  (Aviation  Safety)  and  14 
(Aviation  Security),  the  Contracting  Party  concerned  may  not  take  safeguard  measures 
until  one  month  has  elapsed  after  the  date  of  notification  under  paragraph  3,  unless  the 
consultation procedure under paragraph 4 has been concluded before the expiration of the 
stated time limit. 

The  Contracting  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 
Contracting Party at fault satisfies the provisions of this Agreement. 

ARTICLE 25 

Geographic Extension of the Agreement 

The  Contracting  Parties  commit  to  conduct  a  continuous  dialogue  to ensure  the  coherence  of  this 
Agreement  with  the  Barcelona  process,  and  they  aim,  as  their  ultimate  goal,  at  a  Common  Euro-

EN 

36 

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Mediterranean Aviation Area. Therefore, the possibility of mutually agreeing upon amendments to 
take  into  account  similar  Euro-Mediterranean  aviation  agreements  shall  be  discussed  within  the 
Joint Committee in accordance with Article 22(11) (The Joint Committee). 

ARTICLE 26 

Relationship to Other Agreements 

1. 

2. 

3. 

4. 

The  provisions  of  this  Agreement  supersede  the  relevant  provisions  of  existing  bilateral 
agreements  and  arrangements  between  Israel  and 
the  Member States.  However, 
notwithstanding any term of this Agreement, existing traffic rights, security arrangements 
which  originate  from  these  bilateral  agreements  or  other  arrangements  which  are  not 
covered under this Agreement, or which are more favourable, can continue to be exercised. 
As  far  as  air  carriers  are  concerned,  such  rights  and  arrangements  can  continue  to  be 
exercised by: 

(a)  Air  carriers  of  the  European  Union,  provided  that  there  is  no  discrimination  in  the 
execution  of  these  existing  rights  or  other  arrangements  between  air  carriers  of  the 
European Union on the basis of nationality. 

(b)  Air carriers of the State of Israel.  

If the Contracting Parties become parties to a multilateral agreement, or endorse a decision 
adopted by the 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. 

This Agreement shall be without prejudice to any decision by the two Contracting Parties 
to  implement  future  recommendations  that  may  be  made  by  the  ICAO.  The  Contracting 
Parties  shall  not  cite  this  Agreement,  or  any  part  of  it,  as  the  basis  for  opposing 
consideration in the ICAO of alternative policies on any matter covered by this Agreement. 

The Contracting Parties agree that there will be no restriction or prevention to conclude, in 
the future, security arrangements between the Government of the State of Israel and each 
Government of the Member States of the European Union in security areas that fall outside 
the scope of the exclusive competence of the EU. However, the Contracting Parties agree 
(i)  to  privilege,  when  possible  and  in  accordance  with  paragraph  5  of  Article  14,  the 
conclusion of Security arrangement at the EU level, and (ii) to provide the Joint Committee 
with the relevant information concerning those bilateral security arrangements, subject to 
Article 14 (Aviation Security), paragraph 14. 

ARTICLE 27 

Amendments 

1. 

If one of the Contracting Parties wishes to revise the provisions of this Agreement, it shall 
notify the Joint Committee accordingly. The amendment to this Agreement shall enter into 
force in accordance with Article 30. 

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2. 

3. 

4. 

5. 

6. 

(a) 

(b) 

(c) 

1. 

2. 

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

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

When new legislation or amendment to its existing legislation in the field of air transport 
mentioned  in  Annex  IV  is  being  considered  by  one  of  the  Contracting  Parties,  it  shall 
inform the other Contracting Party as appropriate and possible. Providing such information 
and, at the request of one of the Contracting Parties, a preliminary exchange of views may 
take place in the Joint Committee. 

Each  Contracting  Party  shall  regularly  and  as  soon  as  appropriate  inform  the  other 
Contracting Party of newly adopted legislation or amendment to its existing legislation in 
the  field  of  air  transport  mentioned  in  Annex  IV.  Providing  such  information  may  take 
place  in  the  Joint  Committee.  Upon  the  request  of  any  Contracting Party,  the  Joint 
Committee shall within sixty days hold an exchange of views on the implications of such 
new legislation or amendment for the proper functioning of this Agreement. 

In order to safeguard the proper functioning of this Agreement, the Joint Committee shall: 

adopt  a  decision  revising  Annexes  IV  and/or  VI  of  this  Agreement  so  as  to  integrate 
therein,  if  necessary  on  a  basis  of  reciprocity,  the  new  legislation  or  amendment  in 
question; or 

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

decide any other measures, to be adopted within a reasonable period of time, regarding the 
new legislation or amendment in question. 

ARTICLE 28 

Termination 

This Agreement is concluded for an unlimited period. 

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

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ARTICLE 29 

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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 
UN Secretariat. 

ARTICLE 30 

Application and Entry into force 

1. 

2. 

This Agreement shall be applied provisionally, in accordance with the national laws of the 
Contracting Parties, as of the date of its signature by the Contracting Parties. 

This  Agreement  shall  enter  into  force  one  month  after  the  date  of  the  last  note  in  an 
exchange of diplomatic notes between the Contracting Parties confirming that all necessary 
procedures  for  entry  into  force  of  this  Agreement  have  been  completed.  For  purposes  of 
this exchange, Israel 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 Israel 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. 

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

Done at ……… on the …… day of ….… in the year ……, which corresponds to the ______ day of 
________  577_  in  the  Hebrew  calendar,  in  duplicate,  in  the  Bulgarian,  Czech,  Danish,  Dutch, 
English,  Estonian,  Finnish,  French,  German,  Greek,  Hungarian,  Italian,  Latvian,  Lithuanian, 
Maltese, Polish, Portuguese, Romanian, Slovak, Slovene, Spanish, Swedish and Hebrew languages, 
each text being equally authentic. 

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ANNEX I 

AGREED SERVICES AND SPECIFIED ROUTES 

1. 

2. 

This  Annex  is  subject  to  the  transitional  provisions  contained  in  Annex  II  of  this 
Agreement. 

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

(a)  For air carriers of the European Union: 

Points  in  the  European  Union  –  one  or  more  intermediate  points  in  Euromed1 
countries, ECAA countries2 or countries listed in Annex III – one or more points in 
Israel; 

(b)  For air carriers of Israel: 

Points  in  Israel  –  one  or  more  intermediate  points  in  Euromed  countries,  ECAA 
countries  or  countries  listed  in  Annex  III  –  one  or  more  points  in  the  European 
Union. 

3. 

The services operated, according to paragraph 2 of this Annex, shall originate or terminate 
in the territory of Israel, for Israeli air carriers, and in the territory of the European Union, 
for European Union air carriers. 

4. 

The air carriers of each Contracting Party 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 points as specified in paragraph 2 of this Annex and points in the 
territories of the Contracting 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; 

1 

2 

"EUROMED" countries are Morocco, Algeria, Tunisia, Libya, Egypt, Lebanon, Jordan, Israel, the Palestinian 
Territory, Syria and Turkey. 
"ECAA countries" are the countries which are parties to the Multilateral Agreement establishing a European 
Common  Aviation  Area:  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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(f)  make  stopovers  at  any  points  whether  within  or  outside  the  territory  of  either 
Contracting  Party,  without  prejudice  to  Article  2  (2)  (  Traffic  Rights)  of  this 
Agreement; 

(g) 

carry transit traffic through the other Contracting Party’s territory; and 

(h) 

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

5. 

6. 

7. 

Each Contracting 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  Contracting  Party  shall  unilaterally  limit 
the  volume  of  traffic,  frequency  or  regularity  of  service,  or  the  aircraft  type  or  types 
operated  by the  air carriers of  the other Contracting Party, except for customs, technical, 
operational,  environmental  or  health  protection  reasons  or  in  application  of  Article  7 
(Competitive Environment) of this Agreement. 

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

Notwithstanding  any  other  provisions  of  this  Annex,  this  Agreement  does  not  grant  any 
rights allowing the conduct of international air transport to / from/ through the territory of a 
third country that does not have diplomatic relations with all the Contracting Parties. 

_________________

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TRANSITIONAL PROVISIONS 

ANNEX II 

1. 

Notwithstanding paragraphs 2 and 3 of this Annex, all rights, including traffic rights, and 
more  beneficial  treatments  already  granted  by  bilateral  agreements  or  arrangements 
between  Israel  and  Member  States  of  the  European  Union  existing  as  of  the  date  of 
signature  of  this  Agreement  shall  continue  to  be  exercised  in  accordance  with  the 
provisions  of  Article  3  (Authorisation)  of  this  Agreement.  As  far  as  air  carriers  are 
concerned, such rights and arrangements can continue to be exercised by:  

(a)  Air Carriers  of  the European Union, provided  that  there is no  discrimination  in the 
execution  of  these  existing  rights  or  other  arrangements  between  air  carriers  of  the 
European Union on the basis of nationality. 

(b)  Air Carriers of the State of Israel. 

2. 

For  passenger,  cargo  and/or  mail  services,  separately  or  in  combination,  air  carriers  of 
Israel and of the Member States of the European Union shall be entitled to exercise 3rd and 
4th freedom rights on the specified routes subject to the following transitional provisions: 

(a)  From the date of signature of this Agreement and for scheduled air services only: 

i. 

For  each  route,  except  for  those  specified  in  Annex  V,  authorised  air  carriers 
shall  be  entitled  to  operate the  number  of  weekly  frequencies available  under 
the  respective  bilateral  agreements  or  arrangements  applicable  or seven  (7) 
weekly frequencies, whichever is the highest; and 

ii. 

For the routes specified in Annex V, authorised air carriers shall be entitled to 
operate the number of weekly frequencies as specified in Annex V. 

From the date of signature of this Agreement, there will be no limitations regarding 
the number of authorised air carriers per route for each of the Contracting Parties. 

(b)  From the first day of the first summer IATA season following the date of signature of 
this  Agreement  and  for  scheduled  air  services  only,  authorised  air  carriers  shall  be 
entitled to operate: 

i. 

ii. 

For  the  routes  specified  in  Part  A  of  Annex  V  to  this  Agreement,  three  (3) 
additional weekly frequencies in relation to the number of weekly frequencies 
specified in Part A of Annex V; and 

For  any  other  route,  including  for  the  routes  specified  in  part  B  of  Annex  V, 
seven  (7)  additional  weekly  frequencies  in  relation  to  the  number  of  weekly 
frequencies resulting from the application of paragraph a) i. and a) ii above. 

(c)  From  the  first  day  of  the  second  summer  IATA  season  following  the  date  of 
signature  of  this  Agreement  and  for  scheduled  air  services  only,  authorised  air 
carriers shall be entitled to operate: 

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i. 

ii. 

For  the  routes  specified  in  Part  A  of  Annex  V  to  this  Agreement,  three  (3) 
additional weekly frequencies in relation to the number of weekly frequencies 
resulting from the application of paragraph b) i. above; and  

For  any  other  route,  including  for  the  routes  specified  in  part  B  of  Annex  V, 
seven  (7)  additional  weekly  frequencies  in  relation  to  the  number  of  weekly 
frequencies resulting from the application of paragraph b) ii. above 

(d)  Subject to paragraph 4 below, from the first day of the third summer IATA season 
following the date of signature of this Agreement and for scheduled air services only, 
authorised air carriers shall be entitled to operate: 

i. 

ii. 

For  the  routes  specified  in  Part  A  of  Annex  V  to  this  Agreement,  four  (4) 
additional weekly frequencies in relation to the number of weekly frequencies 
resulting from the application of paragraph c) i. above; and  

For  any  other  route,  including  for  the  routes  specified  in  part  B  of  Annex  V, 
seven  (7)  additional  weekly  frequencies  in  relation  to  the  number  of  weekly 
frequencies resulting from the application of paragraph c) ii. above. 

(e)  From the first day of the fourth summer IATA season following the date of signature 
of this Agreement and for scheduled air services only, authorised air carriers shall be 
entitled to operate: 

i. 

ii. 

For  the  routes  specified  in  Part  A  of  Annex  V  to  this  Agreement,  four  (4) 
additional weekly frequencies in relation to the number of weekly frequencies 
resulting from the application of paragraph d) i. above; and  

For  any  other  route,  including  for  the  routes  specified  in  part  B  of  Annex  V, 
seven  (7)  additional  weekly  frequencies  in  relation  to  the  number  of  weekly 
frequencies resulting from the application of paragraph d) ii. above. 

(f)  From the first day of the fifth summer IATA season following the date of signature 
of this Agreement, the provisions of Annex I shall apply and the air carriers of both 
Contracting Parties shall be entitled to operate freely 3rd and 4th freedom rights on 
the  specified  routes  without  any  limitation  regarding  the  capacity,  the  weekly 
frequencies or the regularity of the service. 

3. 

With regard to the non-scheduled air services: 

(a)  From  the  date  of  signature  of  this  Agreement,  operations  of  non-scheduled  air 
services shall continue to remain subject to approval from the relevant authorities of 
the Contracting Parties, which will favourably consider such request, and 

(b)  From  the  date  specified  in  paragraph  2.f)  above,  the  provisions  of  Annex  I  shall 
apply  and  the  air  carriers  of  both  Contracting  Parties  shall  be  entitled  to  operate 
freely  3rd  and  4th  freedom  rights  on  the  specified  routes  without  any  limitation 
regarding the capacity, the weekly frequencies, the number of authorised air carriers 
or the regularity of the service. 

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4. 

Prior to the date specified in paragraph 2.d) of this Annex, the Joint Committee shall meet 
to review the implementation of this Agreement and to assess the commercial impact of the 
first two stages of the transitional period described in this Annex. On the basis of such an 
assessment, and without prejudice to its competence in accordance with Article 22 of this 
Agreement, the Joint Committee may decide by consensus: 

(a) 

to delay, for a mutually agreed period of time, which shall not exceed two years, the 
implementation of paragraphs 2.d), 2.e) and 2.f) on certain routes, in case the above 
mentioned assessment determines either the circumvention of restrictions imposed on 
scheduled  air  services  through  the  operations  of  non-scheduled  air  services  or  the 
existence  of  a  substantial  imbalance  of  the  volume  of  traffic  carried  by  the  air 
carriers  of  the  Contracting  Parties  that  could  endanger  the  preservation  of  the  air 
services; or 

(b) 

to increase the number of additional frequencies specified in paragraphs 2.d) i. and 
2.e) i. 

If the Joint Committee is not able to reach an agreement, a Contracting Party may take appropriate 
safeguard measures under Article 24 of this Agreement (Safeguard Measures). 

5. 

6. 

The implementation and application by Israel of the regulatory requirements and standards 
which  are  delivered  in  European  Union  legislation  relating  to  air  transport  mentioned  in 
Annex  IV  shall  be  validated  by  a  decision  of  the  Joint  Committee  on  the  basis  of  an 
evaluation by the European Union. Such an evaluation shall be conducted at the earliest of: 
(i)  the  date  on  which  Israel  notifies  the  Joint  Committee  of  its  fulfilment  of  the 
harmonisation process based on Annex IV of this Agreement, or (ii) three years after the 
entry into force of this Agreement. 

Notwithstanding the provisions of Annex I, and without prejudice to Article 26(1) of this 
Agreement and paragraph 1 of this Annex, until the moment of the adoption of the decision 
referred to in paragraph 5 of this Annex, the air carriers of the Contracting Parties shall not 
have the right to exercise fifth freedom rights, including between points within the territory 
of the European Union, when operating the agreed services on the specified routes. 

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LIST OF OTHER STATES REFERRED TO IN ARTICLES 3, 4 AND 8 OF THE AGREEMENT 
AND IN ANNEX I 

ANNEX III 

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 
European Community and the Swiss Confederation) 

(under 

the  Air  Transport  Agreement  between 

the 

________________ 

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RULES RELATING TO CIVIL AVIATION 

The equivalent regulatory requirements and standards of European Union legislation referred to in 
this  Agreement  shall  be  delivered  on  the  basis  of  the  following  acts.  Where  necessary,  specific 
adaptations for each individual act are set out hereafter. The equivalent regulatory requirements and 
standards shall be applicable in accordance with Annex VI unless otherwise specified in this Annex 
or in Annex II on Transitional Provisions.  

ANNEX IV 

A.1 List of air carriers subject to an operating ban 

A. 

AVIATION SAFETY 

Israel shall, at the earliest possible, take measures corresponding to those taken by the EU Member 
States  on  the  basis  of  the  list  of  air  carriers  which  are  subject  to  an  operating  ban  due  to  safety 
reasons. 

The  measures  will  be  taken  according  to  the  relevant  rules  regarding  the  establishment  and 
publication  of  a  list  of  air  carriers  which  are  subject  to  an  operating  ban  and  the  information 
requirements to air passengers of the identity of the air carrier operating the flights on which they 
travel, established in the following EU legislation: 

No 2111/2005 

Regulation  (EC)  No  2111/2005  of 
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/EC 

the  European  Parliament  and  of 

Relevant provisions: Articles 1 to 13, Annex 

No 473/2006 

Commission Regulation (EC) No 473/2006 of 22 March 2006 laying down implementing rules for 
the  Community  list  of  air  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 of the 
Council 

Relevant provisions: Articles 1 to 6, Annexes A to C 

No 474/2006 

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 Chapter II of 
Regulation (EC) No 2111/2005 of the European Parliament and of the Council 

as regularly amended by Commission Regulations 

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Relevant provisions: Articles 1 to 3, Annexes A to B 

In  case  a  measure  raises  serious  concerns  for  Israel,  Israel  may  suspend  its  application  and  shall, 
without undue delay, refer the matter to the Joint Committee pursuant to Article 22(11)(f) of this 
Agreement. 

A.2 Accident/incident investigation and occurrence reporting 

A.2.1: No 996/2010  

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 

Relevant provisions: Articles 1-5, 8-18(2), 20-21, 23, Annex  

A.2.2: No 2003/42 

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

Relevant provisions: Articles 1-6, 8-9  

B. 

AIR TRAFFIC MANAGEMENT 

BASIC REGULATIONS 

Section A: 

B.1: 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) 

Relevant provisions: Articles 1 (1)-1(3), 2, 4(1)- 4(4), 9-10, 11(1)-(2), 11(3)(b), 11(3)(d), 11(4)-(6), 
13  

B.2: 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) 

Relevant provisions: Articles 2(1) to 2(2), 2(4) to 2(6), 4, 7(1)-(2), 7(4)-(5), 7(7), 8(1), 8(3)-(4), 9, 
10-11, 12(1)-(4), 18(1)-(2), Annex II 

B.3: 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) 

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Relevant provisions: Articles 1, 3a, 4, 6(1)-(5), 6(7), 7(1), 7(3), 8 

B.4: 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) 

Relevant provisions: Articles 1 to 3, 4 (2), 5 to 6a, 7(1), 8, Annexes I to V 

Regulations No 549/2004 to 552/2004 amended by Regulation (EC) No 1070/2009 of the European 
Parliament and of the Council of 21 October 2009 amending Regulations (EC) No 549/2004, (EC) 
No 550/2004, (EC) No 551/2004 and (EC) No 552/2004 in order to improve the performance and 
sustainability of the European aviation system 

B.5: 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 

as  amended  by  Regulation  (EC)  No  1108/2009  of  the  European  Parliament  and  of  the 
Council  of  21  October  2009  amending  Regulation  (EC)  No  216/2008  in  the  field  of 
aerodromes,  air  traffic  management  and  air  navigation  services  and  repealing  Directive 
2006/23/EC 

Relevant provisions: Articles 3, 8b(1)-(3), 8b(5)-(6), 8c(1)-(10), Annex Vb 

Section B: 

B.2: 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) 

Relevant provisions: Articles 2(3), 7(6), 7(8), 8(2), 8(5), 9a(1) to 9a(5), 13 

B.3: 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) 

Relevant provisions: Article 3, 6(6) 

Regulations No 549/2004 to 552/2004 amended by Regulation (EC) No 1070/2009 of the 
European Parliament and of the Council of 21 October 2009 amending Regulations (EC) 
No  549/2004,  (EC)  No  550/2004,  (EC)  No  551/2004  and  (EC)  No  552/2004  in  order  to 
improve the performance and sustainability of the European aviation system 

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B.5: 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 

as  amended  by  Regulation  (EC)  No  1108/2009  of  the  European  Parliament  and  of  the 
Council  of  21  October  2009  amending  Regulation  (EC)  No  216/2008  in  the  field  of 
aerodromes,  air  traffic  management  and  air  navigation  services  and  repealing  Directive 
2006/23/EC 

Relevant provisions: Articles 8b(4), 8c(10), Annex Vb(4) 

IMPLEMENTING RULES 

The  following  acts  will  be  applicable  and  relevant  unless  otherwise  specified  in  Annex  VI  with 
respect to the equivalent regulatory requirements and standards relating to the "Basic Regulations": 

Framework (Regulation (EC) No 549/2004) 

• 

Commission  Regulation  (EU)  No  691/2010  of  29  July  2010  laying  down  a 
performance scheme for air navigation services and network functions and amending 
Regulation (EC) No 2096/2005 laying down common requirements for the provision 
of air navigation service  

Service provision (Regulation (EC) No 550/2004)  

• 

Commission Regulation (EC) N° 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) N° 2096/2005 

Airspace (Regulation (EC) No 551/2004)  

• 

• 

• 

Commission Regulation (EU) No 255/2010 of 25 March 2010 laying down common 
rules on air traffic flow management  

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  

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

Interoperability (Regulation (EC) No 552/2004)  

• 

Commission  Regulation  (EU)  No  677/2011  of  7  July  2011  laying  down  detailed 
rules for the implementation of air traffic management (ATM) network functions and 
amending Regulation (EU) No 691/2010 

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• 

• 

• 

• 

• 

• 

Commission  Regulation  (EU)  No  929/2010  of  18  October  2010  amending 
Regulation (EC) No 1033/2006 as regards the ICAO provisions referred to in Article 
3(1) 

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  

Commission  Regulation  (EC)  No  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 

Commission Regulation (EC) N° 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  

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  

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]  

ATM/ANS  requirements  stemming  from  Regulation  216/2008  as  amended  by  Regulation 
1108/2009 

• 

• 

• 

Commission Regulation (EC) N° 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 

Commission  Implementing  Regulation  (EU)  No  1034/2011  of  17  October  2011  on 
safety oversight in air traffic management and air navigation services and amending 
Regulation (EU) No 691/2010 

Commission  Implementing  Regulation  (EU)  No  1035/2011  of  17  October  2011 
laying  down  common  requirements  for  the  provision  of  air  navigation  services  and 
amending Regulations (EC) No 482/2008 and (EU) No 691/2010 

C.1: No 2002/30 

C. 

ENVIRONMENT 

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 

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Relevant provisions: Articles 3 to 5, 7, 9-10, 11(2), 12, Annex II(1)-(3) 

C.2: No 2006/93 

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 (1988) 

Relevant provisions: Articles 1 to 3, 5 

D. 

AIR CARRIER LIABLITY 

D.1: 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  

Relevant provisions: Articles 2(1)(a), 2(1)(c)-(g), 3to 6  

E. 

CONSUMER RIGHTS AND PROTECTION OF PERSONAL DATA 

E.1: No 90/314 

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

Relevant provisions: Articles 1-4(2), 4(4)-(7), 5-6. 

E.2: 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 

Relevant provisions: Articles 1 to 34 

E.3: 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 

Relevant provisions: Articles 1 to 16  

E.4: No 1107/2006 

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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 

Relevant provisions: Articles 1(1), 2 to 16, Annexes I to II 

F. 

SOCIAL ASPECTS 

F.1: No 2000/79 

Council Directive 2000/79/EEC 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) 

Relevant provisions: Clause 1(1) and Clauses 2 to 9 of the Annex  

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Part A: Agreed Base Frequencies in certain routes which equals to or are higher than 14 

ANNEX V 

Routes 

Existing number of weekly frequencies 

Type of 
Service 

Passenger 

Vienna 

Passenger 

Paris 

(CDG - ORY - 
BVA) 

Passenger 

Frankfurt 

Passenger 

Athens 

Passenger 

Rome 

Passenger 

Madrid 

Pax/All 
Cargo 

London 

(LHR) 

Tel-Aviv 
(TLV) 

Tel-Aviv 
(TLV) 

Tel-Aviv 
(TLV) 

Tel-Aviv 
(TLV) 

Tel-Aviv 
(TLV) 

Tel-Aviv 
(TLV) 

Tel-Aviv 
(TLV) 

For the first carrier: 14 

For the second and ss. carriers: 3 

For the first carrier: unlimited; 

For the second and ss. carriers: 7 

14 

14 

25 

21 

For the first two carriers: unlimited 

Part B: Agreed Base Frequencies in certain routes which are higher than 7 but below 14 

Type of 
Service 

Routes 

Existing Capacity (Weekly 
Frequencies) 

Passenger 

Milan 

Tel-Aviv (TLV) 

Passenger 

Berlin 

Tel-Aviv (TLV 

Passenger 

Barcelona 

Tel-Aviv (TLV 

Passenger 

Munich 

Tel-Aviv (TLV 

13 

11 

10 

10 

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ANNEX VI 

REGULATORY REQUIREMENTS AND STANDARDS  

THAT SHALL BE MET WHEN APPLYING THE EU LEGISLATION LISTED IN ANNEX IV OF THE EU-ISRAEL EURO-
MEDITERRANEAN AVIATION AGREEMENT 

Disclaimer: Nothing in this Annex shall prejudice the application of EU law within the EU. 

PART A.2: Accident/incident investigation and occurrence reporting 

A.2.1: 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 

Article No. 

Standard No. 

Standard 

(Part/Leg#/Art#/St
d#) 

A2.1.1.1 

Regulation No 996/2010 aims to improve aviation safety by ensuring a high level of efficiency, expediency, 
and  quality  of  civil  aviation  safety  investigations,  the  sole  objective  of  which  is  the  prevention  of  future 
accidents  and  incidents  without  apportioning  blame  or  liability.  It  also  provides  for  rules  concerning  the 
timely availability of information relating to all persons and dangerous goods on board an aircraft involved 
in an accident. It also aims to improve the assistance to the victims of air accidents and their relatives. 

A2.1.2.1 

The  Definitions  in  Article  2  of  Regulation  No  996/2010  shall  apply  to  the  standards  and  requirements 
relating  to  the  investigation  and  prevention  of  accidents  and  incidents  in  civil  aviation  specified  in  this 
Annex, as applicable and appropriate. 

A2.1.3.1 

The standards and regulatory requirements specified in this Annex shall apply to safety investigations into 
accidents and serious incidents, which are conducted by the Contracting Parties, according to international 

1 

2 

3 

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Article No. 

Standard No. 

Standard 

(Part/Leg#/Art#/St
d#) 

4(1) 

A2.1.4.1 

standards and recommended practices. 

The Contracting Parties shall ensure that safety investigations are conducted or supervised, without external 
interference,  by  a  permanent  national  civil  aviation  safety  investigation  authority  (safety  investigation 
authority)  capable  of  independently  conducting  a  full  safety  investigation,  either  on  its  own  or  through 
agreements with other safety investigation authorities 

4(2) 

A2.1.4.2 

The  safety  investigation  authority  shall  be  functionally  independent  in  particular  of  aviation  authorities 
responsible  for  airworthiness,  certification,  flight  operation,  maintenance,  licensing,  air  traffic  control  or 
aerodrome operation and, in general, of any other party or entity the interests or missions of which could 
conflict with the task entrusted to the safety investigation authority or influence its objectivity. 

4(3) 

A2.1.4.3 

The  safety  investigation  authority  shall,  in  the  conduct  of  the  safety  investigation,  neither  seek  nor  take 
instructions  from  anybody  and  shall  have  unrestricted  authority  over  the  conduct  of  the  safety 
investigations. 

4(4) 

A2.1.4.4 

4(5) 

4(6) 

A2.1.4.5 

A2.1.4.6 

The activities entrusted to the safety investigation authority may be extended to the gathering and analysis 
of  aviation  safety  related  information,  in  particular  for  accident  prevention  purposes,  in  so  far  as  these 
activities  do  not  affect  its  independence  and  entail  no  responsibility  in  regulatory,  administrative  or 
standards matters. 

In order to inform the public of the general aviation safety level, a safety review shall be published annually 
at national level. In this analysis, the sources of confidential information shall not be revealed. 

The safety investigation authority shall be given by the respective Contracting Party the means required to 
carry out its responsibilities independently and shall be able to obtain sufficient resources to do so. 

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Article No. 

Standard No. 

Standard 

(Part/Leg#/Art#/St
d#) 

5(1)-(3) 

A2.1.5.1 

The  Contracting  Party  must  investigate  every  accident  or  serious  incident,  which  Annex  13  to  the 
Convention state that it's mandatory to investigate it. 

5(4) 

5(5) 

A2.1.5.4 

A2.1.5.5 

8 

A2.1.8.1 

9(1) 

9(2) 

A2.1.9.1 

A2.1.9.2 

Safety investigation authorities may decide to investigate incidents other than those referred to in Annex 13 
to the Convention, when they expect to draw safety lessons from them. 

All safety investigations shall in no case be concerned with apportioning blame or liability. They shall be 
independent  of,  separate  from  and  without  prejudice  to  any  judicial  or  administrative  proceedings  to 
apportion blame or liability. 

The safety investigation authority may, provided that the requirement of no conflict of interest is satisfied, 
invite the national civil aviation authority, within the scope of its competence, to appoint a representative to 
participate  as  an  adviser  to  the  investigator-in-charge  in  any  safety  investigation  the  safety  investigation 
authority is responsible for under the control and at the discretion of the investigator-in-charge. 

The national civil aviation authorities shall support the investigation in which they participate by supplying 
the  requested  information.  In  addition,  they  shall  provide  advisers  and  their  equipment  to  the  safety 
investigation authority in charge where relevant. 

Any person involved who has knowledge of the occurrence of an accident or serious incident shall notify 
without delay the competent safety investigation authority of the State of Occurrence thereof. 

The safety investigation authority shall notify without delay the International Civil Aviation Organization 
(ICAO)  and  third  countries  concerned  in  accordance  with  the  international  standards  and  recommended 
practices of the occurrence of all accidents and serious incidents of which it has been notified. It shall also 
notify  the  European  Commission  and  EASA  in  case  the  accident  or  serious  incident  involves  an  aircraft 
registered, operated, manufactured or certified in the EU. 

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Article No. 

Standard No. 

Standard 

(Part/Leg#/Art#/St
d#) 

10(1) 

A2.1.10.1 

Upon receipt of the notification of the occurrence of an accident or serious incident from third country, the 
Contracting  Party  which  are  the  State  of  Registry,  the  State  of  the  Operator,  the  State  of  Design  and  the 
State  of  Manufacture  shall,  as  soon  as  possible,  inform  the  third  country  in  the  territory  of  which  the 
accident  or  serious  incident  occurred  whether  they  intend  to  appoint  an  accredited  representative  in 
accordance  with  the  international  standards  and  recommended  practices.  Where  such  an  accredited 
representative  is  appointed,  his  or  her  name  and  contact  details  shall  also  be  provided,  as  well  as  the 
expected  date  of  arrival  if  the  accredited  representative  intends  to  travel  to  the  country  which  sent  the 
notification. 

10(2) 

A2.1.10.2 

Accredited representatives for the State of Design shall be appointed by the safety investigation authority of 
the Contracting Party in the territory of which the principal place of business of the certificate holder for the 
type design of the aircraft or power plant is located. 

11(1) 

A2.1.11.1 

Upon  his  or  her  appointment  by  a  safety  investigation  authority  and  notwithstanding  any  judicial 
investigation,  the  investigator-in-charge  shall  have  the authority  to  take  the  necessary  measures  to  satisfy 
the requirements of the safety investigation. 

11(2) 

A2.1.11.2 

Notwithstanding  any  confidentiality  obligations  under  relevant  legislation  of  the  Contracting  Party,  the 
investigator-in- charge shall in particular be entitled to: 

(a) have immediate unrestricted and unhampered access to the site of the accident or incident as well as to 
the aircraft, its contents or its wreckage; 

(b)  ensure  an  immediate  listing  of  evidence  and  controlled  removal  of  debris,  or  components  for 
examination or analysis purposes; 

(c)  have  immediate  access  to  and  control  over  the  flight  recorders,  their  contents  and  any  other  relevant 

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Article No. 

Standard No. 

Standard 

(Part/Leg#/Art#/St
d#) 

recordings; 

(d) request, according to the applicable legislation of the Contracting Party, and contribute to, a complete 
autopsy examination of the bodies of the fatally injured persons and to have immediate access to the results 
of such examinations or of tests made on samples taken; 

(e) request, according to the applicable legislation of the Contracting Party, the medical examination of the 
people involved in the operation of the aircraft or request tests to be carried out on samples taken from such 
people and to have immediate access to the results of such examinations or tests; 

(f) to call and examine witnesses and to require them to furnish or produce information or evidence relevant 
to the safety investigation; 

(g) have free access to any relevant information or records held by the owner, the certificate holder of the 
type design, the responsible maintenance organisation, the training organisation, 

the  operator  or  the  manufacturer  of  the  aircraft,  the  authorities  responsible  for  civil  aviation  and  air 
navigation service providers or aerodrome operators. 

The investigator-in-charge shall extend to his or her investigators as well as, unless in contradiction with the 
applicable legislation of the Contracting Party, to his or her advisers and to the accredited representatives 
and  their  advisers  the  entitlements  listed  in  standard  A2.1.11.2,  to  the  extent  necessary  to  enable  them  to 
participate effectively in the safety investigation. Those entitlements are without prejudice to the rights of 
the investigators and experts designated by the authority in charge of the judicial investigation. 

11(3) 

A2.1.11.3 

11(4) 

A2.1.11.4 

Any  person  participating  in  safety  investigations  shall  perform  his  or  her  duties  independently  and  shall 
neither seek, nor accept instructions from anybody, other than the investigator-in-charge. 

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Article No. 

Standard No. 

Standard 

(Part/Leg#/Art#/St
d#) 

12(1)-(2) 

A2.1.12.1 

12(3) 

A2.1.12.2 

When a judicial investigation is also instituted, the investigator-in-charge should be notified thereof. In such 
a case, the investigator-in-charge should ensure traceability and retain custody of flight recorders and any 
physical  evidence.  The  judicial  authority  may  appoint  an  official  from  that  authority  to  accompany  the 
flight  recorders  or  physical  evidence  to  the  place  of  the  read-out  or  treatment.  Where  examination  or 
analysis  of  such  physical  evidence  may  modify,  alter  or  destroy  it,  prior  agreement  from  the  judicial 
authorities will be required, without prejudice to national law. Where such agreement is not obtained within 
a  reasonable  time,  it  should  not  prevent  the  investigator-in-charge  from  conducting  the  examination  or 
analysis.  Where  the  judicial  authority  is  entitled  to  seize  any  evidence,  the  investigator-in-charge  should 
have immediate and unlimited access to and use of such evidence. 

Where, in the course of the safety investigation, it becomes known or it is suspected that an act of unlawful 
interference  as  provided  for  under  national  law,  such  as  national  law  on  accident  investigations,  was 
involved  in  the  accident  or  serious  incident,  the  investigator-in-charge  shall  immediately  inform  the 
competent authorities thereof. Subject to standard A2.1.14.1, the relevant information collected in the safety 
investigation  shall  be  shared  with  those  authorities  immediately  and  upon  request,  relevant  material  may 
also be transferred to those authorities. The sharing of that information and that material shall be without 
prejudice  to  the  right  of  the  safety  investigation  authority  to  continue  the  safety  investigation,  in 
coordination with the authorities to which the control of the site may have been transferred. 

The  Contracting  Parties  shall  ensure  that  safety  investigation  authorities,  on  the  one  hand,  and  other 
authorities likely to be involved in the activities related to the safety investigation, such as the judicial, civil 
aviation,  search  and  rescue  authorities,  on  the  other  hand,  cooperate  with  each  other  through  advance 
arrangements. 

Those  arrangements  shall  respect  the  independence  of  the  safety  investigation  authority  and  allow  the 
technical investigation to be conducted diligently and efficiently. They should notably cover issues such as: 
access to the site of the accident; preservation of and access to evidence; initial and ongoing debriefings of 

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Standard No. 

Standard 

(Part/Leg#/Art#/St
d#) 

13(1) 

A2.1.13.1 

13(2) 

A2.1.13.2 

the  status  of  each  process;  exchange  of  information;  appropriate  use  of  safety  information;  resolution  of 
conflicts. 

The Contracting Party in the territory of which the accident or serious incident occurred shall be responsible 
for ensuring safe treatment of all evidence and for taking all reasonable measures to protect such evidence 
and  for  maintaining  safe  custody  of  the  aircraft,  its  contents  and  its  wreckage  for  such  period  as  may  be 
necessary for the purpose of a safety investigation. Protection of evidence shall include the preservation, by 
photographic  or  other  means,  of  any  evidence  which  might  be  removed,  effaced,  lost  or  destroyed.  Safe 
custody  shall  include  protection  against  further  damage,  access  by  unauthorised  persons,  pilfering  and 
deterioration. 

Pending the arrival of safety investigators, no person shall modify the state of the site of the accident, take 
any  samples  therefrom,  undertake  any  movement  of  or  sampling  from  the  aircraft,  its  contents  or  its 
wreckage,  move  or  remove  it,  except  where  such  action  may  be  required  for  safety  reasons  or  to  bring 
assistance to injured persons, or under the express permission of the authorities in control of the site and, 
when possible, in consultation with the safety investigation authority. 

13(3) 

A2.1.13.3 

Any  person  involved  shall  take  all  necessary  steps  to  preserve  documents,  material  and  recordings  in 
relation to the event, in particular so as to prevent erasure of recordings of conversations and alarms after 
the flight. 

14 

A2.1.14.1 

Sensitive  safety  information  shall  not  be  made  available  or  used  for  purposes  other  than  safety 
investigation. the administration of justice or the authority competent to decide on the disclosure of records 
according to national law may decide that the benefits of the disclosure of the sensitive safety information 
for any other purposes permitted by law outweigh the adverse domestic and international impact that such 
action may have on that or any future safety investigation.  

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Article No. 

Standard No. 

Standard 

(Part/Leg#/Art#/St
d#) 

15(1) 

A2.1.15.1 

The staff of the safety investigation authority in charge, or any other person called upon to participate in or 
contribute  to  the  safety  investigation  shall  be  bound  by  applicable  rules  or  procedures  of  professional 
secrecy,  including  as  regards  the  anonymity  of  those  involved  in  an  accident  or  incident,  under  the 
applicable legislation. 

15(2) 

A2.1.15.2 

The safety investigation authority in charge shall communicate the information which it deems relevant to 
the  prevention of an accident or serious incident, to persons responsible for aircraft or aircraft equipment 
manufacture or maintenance, and to individuals or legal entities responsible for operating aircraft or for the 
training of personnel. 

15(3) 

A2.1.15.3 

The  safety  investigation  authority  in  charge  shall  release  to  the  national  civil  aviation  authority  relevant 
factual information obtained during the safety investigation, except sensitive safety information or causing a 
conflict of interest. The information received by the national civil aviation authorities shall be protected in 
accordance with applicable legislation of the Contracting Party. 

15(4) 

A2.1.15.4 

The safety investigation authority in charge shall be authorized to inform victims and their relatives or their 
associations  or  make  public  any  information  on  the  factual  observations,  the  proceedings  of  the  safety 
investigation, possibly preliminary reports or conclusions and/or safety recommendations, provided that it 
does  not  compromise  the  objectives  of  the  safety  investigation  and  fully  complies  with  applicable 
legislation on the protection of personal data. 

15(5) 

A2.1.15.5 

Before making public the information referred to in Standard A2.1.15.4, the safety investigation authority in 
charge shall forward that information to the victims and their relatives or their associations in a way which 
does not compromise the objectives of the safety investigation. 

16(1) 

A2.1.16.1 

Each safety investigation shall be concluded with a report in a form appropriate to the type and seriousness 
of the accident or serious incident. The report shall state that the sole objective of the safety investigation is 

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Standard No. 

Standard 

(Part/Leg#/Art#/St
d#) 

the  prevention  of  future  accidents  and  incidents  without  apportioning  blame  or  liability.  The  report  shall 
contain, where appropriate, safety recommendations. 

16(2) 

16(3) 

A2.1.16.2 

The report shall protect the anonymity of any individual involved in the accident or serious incident. 

A2.1.16.3 

Where  safety  investigations  give  rise  to  reports  before  the  completion  of  the  investigation,  prior  to  their 
publication the safety investigation authority may solicit comments from the authorities concerned, and the 
certificate  holder  for  the  design,  the  manufacturer  and  the  operator  concerned.  They  shall  be  bound  by 
applicable rules of professional secrecy with regard to the contents of the consultation. 

16(4) 

A2.1.16.4 

Before publication of the final report, the safety investigation 

authority may solicit comments from the authorities concerned and the certificate holder for the design, the 
manufacturer and the operator concerned, who shall be bound by applicable rules of professional secrecy 
with  regard  to  the  contents  of  the  consultation.  In  soliciting  such  comments,  the  safety  investigation 
authority shall follow the international standards and recommended practices. 

16(5) 

A2.1.16.5 

Sensitive safety information shall be included in a report only when relevant to the analysis of the accident 
or  serious  incident.  Information  or  parts  of  the  information  not  relevant  to  the  analysis  shall  not  be 
disclosed. 

16(6) 

A2.1.16.6 

The  safety  investigation  authority  shall  make  public  the  final  report  in  the  shortest  possible  time  and  if 
possible within 12 months of the date of the accident or serious incident. 

16(7) 

A2.1.16.7 

If the final report cannot be made public within 12 months, the safety investigation authority shall release 
an interim statement at least at each anniversary of the accident or serious incident, detailing the progress of 
the investigation and any safety issues raised. 

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Standard No. 

Standard 

(Part/Leg#/Art#/St
d#) 

16(8) 

A2.1.16.7 

The safety investigation authority shall forward a copy of the final report and the safety recommendations 
as soon as possible to the: 

(a)  safety  investigation  authorities  and  civil  aviation  authorities  of  the  States  concerned,  and  the  ICAO, 
according to the international standards and recommended practices; 

(b) addressees of safety recommendations contained in the report. 

17(1) 

A2.1.17.1 

At  any  stage  of  the  safety  investigation,  the  safety  investigation  authority  shall  recommend  in  a  dated 
transmittal letter, after appropriate consultation with relevant parties, to the authorities concerned, including 
those in third countries, any preventive action that it considers necessary to be taken promptly to enhance 
aviation safety. 

17(2) 

A2.1.17.2 

A safety investigation authority may also issue safety recommendations on the basis of studies or analysis 
of a series of investigations or any other activities conducted. 

17(3) 

A2.1.17.3 

A safety recommendation shall in no case create a presumption of blame or liability for an accident, serious 
incident or incident. 

18(1) 

A2.1.18.1 

The addressee of a safety recommendation shall acknowledge receipt of the transmittal letter and inform the 
safety investigation authority which issued the recommendation within 90 days of the receipt of that letter, 
of  the  actions  taken  or  under  consideration,  and  where  appropriate,  of  the  time  necessary  for  their 
completion and where no action is taken, the reasons therefor. 

18(2) 

A2.1.18.2 

Within  60  days  of  the  receipt  of  the  reply,  the  safety  investigation  authority  shall  inform  the  addressee 
whether or not it considers the reply adequate and give justification when it disagrees with the decision to 
take no action. 

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Article No. 

Standard No. 

Standard 

(Part/Leg#/Art#/St
d#) 

20 

A2.1.20.1 

1. EU and Israeli airlines shall implement procedures which allow for the production: 

(a) at the earliest possible, of a validated list, based on the best available information, of all the persons on 
board; and 

(b)  immediately  after  the  notification  of  the  occurrence  of  an  accident  to  the  aircraft,  of  the  list  of  the 
dangerous goods on board. 

2.  In  order  to  allow  passengers’  relatives  to  obtain  information  quickly  concerning  the  presence  of  their 
relatives on board an aircraft involved in an accident, airlines shall offer travellers the opportunity to give 
the name and contact details of a person to be contacted in the event of an accident. This information may 
be used by the airlines only in the event of an accident and shall not be communicated to third parties or 
used for commercial purposes. 

3. The name of a person on board shall not be made publicly available before the relatives of that person 
have  been  informed  by  the  relevant  authorities.  The  list  referred  to  in  paragraph  1(a)  shall  be  kept 
confidential in accordance with relevant legislation of the Contracting Party, and the name of each person 
appearing in that list shall, subject thereto, only be made publicly available in so far as the relatives of the 
respective persons on board have not objected. 

21 

A2.1.21.1 

1. In order to ensure a more comprehensive and harmonised response to accidents, each Contracting Party 
shall establish a civil aviation accident emergency plan at national level. Such an emergency plan shall also 
cover assistance to the victims of civil aviation accidents and their relatives. 

2.  Each  Contracting  Party  shall  ensure  that  all  airlines  established  in  its  territory  have  a  plan  for  the 
assistance to  the victims of civil aviation accidents and their relatives. Those plans should take particular 
account  of  psychological  support  for  victims  of  civil  aviation  accidents  and  their  relatives  and  allow  the 

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Article No. 

Standard No. 

Standard 

(Part/Leg#/Art#/St
d#) 

airline to react to a major accident. Each Contracting Party shall audit the assistance plans of the airlines 
established in its territory. 

3. A Contracting Party, which, by virtue of fatalities or serious injuries to its citizens, has a special interest 
in an accident which has occurred in its territory, shall be entitled to appoint an expert who shall have the 
right to:  

(a) visit the scene of the accident;  

(b)  have  access  to  the  relevant  factual  information,  which  is  approved  for  public  release  by  the  safety 
investigation authority in charge, and information on the progress of the investigation;  

(c) receive a copy of the final report.  

4. An expert appointed in accordance with paragraph 3 may assist, subject to applicable legislation in force, 
in the identification of the victims and attend meetings with the survivors of its State. 

23 

A2.1.23.1 

The Contracting Parties shall lay down the rules on penalties applicable to infringements of the standards 
and  requirements  relating  to  the  investigation  and  prevention  of  accidents  and  incidents  in  civil  aviation 
specified in this Annex. The penalties provided for shall be effective, proportionate and dissuasive. 

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A.2.2: Directive 2003/42/EC of the European Parliament and of the Council of 13 June 2003 

on occurrence reporting in civil aviation 

Article No. 

Standard No. 

Standard 

(Part/Leg#/Art#/St
d#) 

A2.2.1.1 

A2.2.2.1 

A2.2.3.1 

1 

2 

3 

The objective of this Directive is to contribute to the improvement of air safety by ensuring that relevant 
information  on  safety  is  reported,  collected,  stored,  protected  and  disseminated.  The  sole  objective  of 
occurrence reporting is the prevention of accidents and incidents and not to attribute blame or liability. 

The Definitions in Article 2 of Directive 2003/42/EC shall apply to the standards and requirements relating 
to occurrence reporting in civil aviation specified in this Annex, as applicable and appropriate. 

The  standards  and  requirements  relating  to  occurrence  reporting  in  civil  aviation  specified  in  this  Annex 
shall  apply  to  occurrences  which  endanger  or  which,  if  not  corrected,  would  endanger  an  aircraft,  its 
occupants or any other person. 

4(1) 

A2.2.4.1 

The  Contracting  Parties  shall  require  that  occurrences  are  reported  to  the  competent  authorities  by  every 
person involved in the occurrence or by every person who has license according to the air navigation law 
and crew member, even though he was not involved in the occurrence. 

5(1) 

A2.2.5.1 

The Contracting Parties shall designate one or more competent authorities to put in place a mechanism to 
collect, evaluate, process and store occurrences reported. 

5(2)-(3) 

A2.2.5.2 

The  competent  authorities  shall  store  the  reports  collected  in  their  databases.  Accidents  and  serious 
incidents shall also be stored in these databases. 

6 

A2.2.6.1 

Israel  and  Member  States  shall  participate  in  an  exchange  of  safety  information  where  relevant.  The 
database used by Israel should be compatible with the ECCAIRS software.  

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Article No. 

Standard No. 

Standard 

(Part/Leg#/Art#/St
d#) 

8(1) 

A2.2.8.1 

8(2) 

8(3) 

A2.2.8.2 

A2.2.8.3 

The  Contracting  Parties  shall,  according  to  their  national  legislation,  take  necessary  measures  to  ensure 
appropriate  confidentiality  of  the  information  received  by  them  pursuant  to  Directive  2003/42/EC.  They 
shall use this information solely for the objective of Directive 2003/42/EC. 

Regardless of the type or classification of occurrence and accident or serious incident, names or addresses 
of individual persons shall never be recorded on the database mentioned in Standard A2.2.5.2. 

Without prejudice to the applicable rules of penal law, The Contracting Parties shall refrain from instituting 
proceedings  in  respect  of  unpremeditated  or  inadvertent  infringements  of  the  law  which  come  to  their 
attention only because they have been reported under the national mandatory occurrence-reporting scheme, 
except in cases of gross negligence. 

9 

A2.2.9.1 

Each  Contracting  Party  shall  establish  a  voluntary  incident  reporting  system  to  facilitate  collection  of 
information on actual or potential safety deficiencies that may not be captured by the mandatory incident 
reporting system. 

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PART B: Air Traffic Management 

B.1: 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) 

as amended by Regulation (EC) No 1070/2009 of the European Parliament and of the Council of 21 October 2009 

Article no.  Standard No. 

(Part/Leg#/Art
#/Std#) 

Standard 

Category 
(either 
Section  A or 
Section  B  of 
Part  B  of 
Annex IV) 

1.1 – 1.3 

B.1.1.1 

A 

The objective of the single European sky initiative is to enhance current air traffic safety standards, 
to contribute to the sustainable development of the air transport system and to improve the overall 
performance  of  air  traffic  management  (ATM)  and  air  navigation  services  (ANS)  for  general  air 
traffic in the Contracting Parties, with a view to meeting the requirements of all airspace users. This 
single  European  sky  shall  comprise  a  coherent  pan-European  network  of  routes,  network 
management  and  air  traffic  management  systems  based  only  on  safety,  efficiency  and  technical 
considerations,  for  the  benefit  of  all  airspace  users.  In  pursuit  of  this  objective,  Regulation 
549/2004  establishes  a  harmonized  regulatory  framework  for  the  creation  of  the  single  European 
sky. 

The application of Regulation 549/2004 and of the measures referred to the in basic regulations of 
the SES shall be without prejudice to Contracting Parties' sovereignty over their airspace and to the 
requirements  of  the  Contracting  Parties  relating  to  public  order,  public  security  and  defence 
matters,  as  set  out  in  Article  13.  Regulation  549/2004  and  the  measures  referred  to  in  the  Basic 
Regulations of the SES do not cover military operations and training. 

The application of Regulation 549/2004 and of the measures referred to in the Basic Regulations of 
the SES shall be without prejudice to the rights and duties of Contracting Parties under the 1944 

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2 

B.1.2.1 

4.1 

B.1.4.1 

4.2 

B.1.4.2 

4.3 

B.1.4.3 

4.4 

B.1.4.4 

9 

B.1.9.1 

A 

A 

A 

A 

A 

A 

Chicago Convention on International Civil Aviation (the Chicago Convention). In this context, an 
additional objective is to assist Contracting Parties in fulfilling their obligations under the Chicago 
Convention, by providing a basis for a common interpretation and uniform implementation of its 
provisions,  and  by  ensuring  that  these  provisions  are  duly  taken  into  account  in  Regulation 
549/2004 and in the rules drawn up for its implementation. 

The Definitions in Article 2 of Regulation 549/2004 shall apply to the standards and requirements 
relating to air traffic management specified in this Annex. All references to Member States shall be 
understood to refer to Contracting Parties. 

Contracting Parties shall, jointly or individually, either nominate or establish a body or bodies as 
their national supervisory authority in order to assume the tasks assigned to such authority under 
Regulation 549/2004 and under the measures referred to in Article 3 of Regulation 549/2004. 

The national supervisory authorities shall be independent of air navigation service providers. This 
independence  shall  be  achieved  through  adequate  separation,  at  the  functional  level  at  least, 
between the national supervisory authorities and such providers. 

National  supervisory  authorities  shall  exercise  their  powers  impartially,  independently  and 
transparently.  This  shall  be  achieved  by  applying  appropriate  management  and  control 
mechanisms,  including  within  the  administration  of  a  Contracting  Party.  However,  this  shall  not 
prevent  the  national  supervisory  authorities  from  exercising  their  tasks  within  the  rules  of 
organisation of national civil aviation authorities or any other public bodies. 

Contracting Parties shall ensure that national supervisory authorities have the necessary resources 
and capabilities to carry out the tasks assigned to them under Regulation 549/2004 in an efficient 
and timely manner. 

The penalties that Contracting Parties shall lay down for infringements of Regulation 549/2004 and 
of the measures referred to in the Basic Regulations of the SES in particular by airspace users and 
service providers shall be effective, proportionate and dissuasive. 

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10 

B.1.10.1 

11.1 

B.1.11.1 

A 

A 

11.2 

B.1.11.2 

A 

11.3 (b) 

B.1.11.3 

A 

11.3(d) 

B.1.11.4 

A 

The  Contracting  Parties,  acting  in  accordance  with  their  national  legislation,  shall  establish 
consultation mechanisms for appropriate involvement of stakeholders, including professional staff 
representative bodies, in the implementation of the single European sky. 

To  improve  the  performance  of  air  navigation  services  and  network  functions,  a  performance 
scheme for air navigation services and network functions shall be set up. It shall include: 

(a)  national  plans,  including  performance  targets  on  the  key  performance  areas  of  safety,  the 
environment, capacity and cost-efficiency, 

ensuring consistency with the SES initiative; and 

(b)  periodic  review,  monitoring  and  benchmarking  of  the  performance  of  air  navigation  services 
and network functions. 

In accordance with the regulatory procedure referred to in Article 5(3) of Regulation 549/2004, the 
Commission  may  designate  Eurocontrol  or  another  impartial  and  competent  body  to  act  as  a 
“performance review body”. The role of the performance review body shall be to assist the national 
supervisory  authorities  on  request  in  the  implementation  of  the  performance  scheme.  The 
Commission shall ensure that the performance review body acts independently when carrying out 
the tasks entrusted to it by the Commission. 

The national plans referred to in standard B.1.11.1 shall be drawn up by the national supervisory 
authority and adopted by the Contracting Party. These plans shall include binding national targets 
and  an  appropriate  incentive  scheme  as  adopted  by  the  Contracting  Party.  Drafting  of  the  plans 
shall  be  subject 
to  consultation  with  air  navigation  service  providers,  airspace  users’ 
representatives, and, where relevant, airport operators and airport coordinators. 

The  reference  period  for  the  performance  scheme  shall  cover  a  minimum  of  three  years  and  a 
maximum of five years. During this period, in the event that the national targets are not met, the 
Contracting Parties and/or the national supervisory authorities shall apply the appropriate measures 

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11.4 

B.1.11.5 

A 

The following procedures shall apply to the performance scheme: 

they have defined.  

(a) collection, validation, examination, evaluation and dissemination of relevant data related to the 
performance  of  air  navigation  services  and  network  functions  from  all  relevant  parties,  including 
air navigation service providers, airspace users, airport operators, national supervisory authorities, 
Contracting Parties and Eurocontrol; 

(b)  selection  of  appropriate  key  performance  areas  on  the  basis  of  ICAO  Document  No  9854 
‘Global  air  traffic  management  operational  concept’,  and  consistent  with  those  identified  in  the 
Performance Framework of the ATM Master Plan, including safety, the environment, capacity and 
cost-efficiency areas, adapted where necessary in order to take into account the specific needs of 
the Single European Sky and relevant objectives for these areas and definition of a limited set of 
key 
performance;  
(c)  assessment  of  the  national  performance  targets  on  the  basis  of  the  national  plan;  and  
(d) monitoring of the national performance plans, including appropriate alert mechanisms. 

performance 

measuring 

indicators 

for 

11.5 

B.1.11.6 

11.6 

B.1.11.7 

13 

B.1.13.1 

A 

A 

A 

The  establishment  of  the  performance  scheme  shall  take  into  account  that  en  route  services, 
terminal  services  and  network  functions  are  different  and  should  be  treated  accordingly,  if 
necessary also for performance-measuring purposes. 

Implementing  rules  regarding  performance  scheme  listed  in  Annex  IV  to  the  EU-Israel  Euro-
Mediterranean Aviation Agreement shall apply. 

The Basic Regulations on the SES shall not prevent the application of measures by a Contracting 
Party  to  the  extent  to  which  these  are  needed  to  safeguard  essential  security  or  defense  policy 
interests. Such measures are in particular those which are imperative: 

– for the surveillance of airspace that is under its responsibility in accordance with ICAO Regional 
Air  Navigation  agreements,  including  the  capability  to  detect,  identify  and  evaluate  all  aircraft 
using  such  airspace,  with  a  view  to  seeking  to  safeguard  safety  of  flights  and  to  take  action  to 

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ensure security and defense needs, 

– in the event of serious internal disturbances affecting the maintenance of law and order, 

– in the event of war or serious international tension constituting a threat of war, 

– for the fulfilment of a Contracting Party's international obligations in relation to the maintenance 
of peace and international security, 

–  in  order  to  conduct  military  operations  and  training,  including  the  necessary  possibilities  for 
exercises. 

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B.2: 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) 

as amended by Regulation (EC) No 1070/2009 of the European Parliament and of the Council of 21 October 2009 

Article no.  Standard No. 

(Part/Leg#/Art
#/Std#) 

Standard 

Category 
(either 
Section  A or 
Section  B  of 
Part  B  of 
Annex IV) 

2.1-2 

B.2.2.1 

A 

2.3 

B.2.2.2 

2.4-6 

B.2.2.3 

4 

7.1 

B.2.7.1 

B 

A 

A 

A 

Conduction of inspection and surveys by the national supervisory authority to ensure supervision of 
compliance  with  EC  Regulation  550/2004  in  particular  with  regard  to  the  safe  and  efficient 
operation of air navigation service providers which provide services relating to the airspace falling 
under  the  responsibility  of  the  Contracting  Party.  The  air  navigation  service  provider  concerned 
shall facilitate such work. 

Agreements  on  supervision  that  ensure  inspections  and  surveys  of  the  air  navigation  service 
providers  providing  services  in  a  FAB  shall  be  made  between  countries  that  participate  in  that 
FAB.  

Arrangements on supervision that ensure inspection and surveys on ANSP of countries providing 
services  at  another  county's  airspace  shall  be  made  between  those  countries.  Those  arrangements 
shall  include  arrangements  for  handling  of  cases  involving  non-compliance  with  the  applicable 
requirements. 

Implementing  rules  regarding  safety  requirements  listed  in  Annex  IV  to  the  EU-Israel  Euro-
Mediterranean Aviation Agreement shall apply. 

Air navigation service providers shall be subject to certification by the Contracting Parties. 

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7.3 

7.3 

7.3 

B.2.7.2 

B.2.7.3 

B.2.7.4 

7.4 
Annex II 

+ 

B.2.7.5 

7.5 

7.6 

7.7 

7.7 

B.2.7.6 

B.2.7.7 

B.2.7.8 

B.2.7.9 

7.8 

B.2.7.10 

8.1 

B.2.8.1 

A 

A 

A 

A 

A 

B 

A 

A 

B 

A 

National supervisory authorities shall issue certificates to ANSP that are compliant with Regulation 
1035/2011 and applicable national law. 

Certificate  may  be  issued  individually  for  each  type  of  service  defined  in  article  2  of  Regulation 
549/2004, or for a bundle of such services.  

The certificate shall be checked on a regular basis. 

Certificates  shall  specify  the  rights  and  obligations  of  air  navigation  service  providers,  including 
non-discriminatory  access  to  services  for  airspace  users,  with  particular  regard  to  safety. 
Certification  may  be  subject  only  to  the  conditions  set  out  in  Annex  II  of  Regulation  550/2004. 
Such conditions shall be objectively justified, non-discriminatory, proportionate and transparent. 

Contracting Parties may allow provision of air navigation services without certification where the 
movements are primarily not general air traffic.  

The issue of certificates shall confer on air navigation service providers the possibility of offering 
their services to other Contracting Parties, other air navigation service providers, airspace users and 
airports within the Contracting Parties. 

National supervisory authorities shall monitor compliance with certificate. 

If  a  national  supervisory  authority  finds  that  the  holder  of  a  certificate  no  longer  satisfies  such 
requirements or conditions, it shall take appropriate measures while ensuring continuity of services. 
Such measures may include the revocation of the certificate. 

A  Contracting  Party  shall  recognize  any  certificate  issued  in  another  Contracting  Party  in 
accordance  with  the  standards  and  regulatory  requirements  relating  to  air  traffic  management 
specified in this Annex.  

Contracting  Parties  shall  ensure  the  provision  of  air  traffic  services  on  an  exclusive  basis  within 
specific  airspace  blocks  in  respect  of  the  airspace  under  their  responsibility.  For  this  purpose, 

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8.2 

B.2.8.2 

8.3 

B.2.8.3 

8.4 

B.2.8.4 

8.5 

B.2.8.4 

9 

B.2.9.1 

9a.1 

B.2.9a.1 

B 

A 

A 

B 

A 

B 

Contracting Parties shall designate an air traffic service provider holding a valid certificate within 
the Contracting Parties. 

Legal  systems  do  not  prevent  cross  border  services  by  requiring  ANSP  (a)  be  owned  directly  or 
through  majority  holding  by  a  certain  state/its  nationals  (b)  registered  office/principal  place  of 
operation in that state (c) use only facilities in that state.  

Contracting  Parties  shall  define  the  rights  and  obligations  to  be  met  by  the  designated  service 
providers.  The  obligations  may  include  conditions  for  the  timely  supply  of  relevant  information 
enabling all aircraft movements in the airspace under their responsibility to be identified.  

Contracting Parties have discretionary powers in choosing a service provider, on condition that the 
latter fulfils the requirements and conditions referred to in standards and regulatory requirements in 
relating to air traffic management specified in this Annex. 

In respect of functional airspace blocks established in accordance with Article 9a that extend across 
the  airspace  under  the  responsibility  of  more  than  one  Contracting  Party,  the  Contracting  Parties 
concerned  shall  jointly  designate,  in  accordance  with  paragraph  1  of  Article  8  of  Regulation 
550/2004, one or more air traffic service providers, at least one month before implementation of the 
airspace block. 

Contracting  Parties  may  designate  a  provider  of  meteorological  services  to  supply  all  or  part  of 
meteorological  data  on  an  exclusive  basis  in  all  or  part  of  the  airspace under their responsibility, 
taking into account safety considerations. 

Contracting  Parties  shall  take  all  necessary  measures  in  order  to  ensure  the  implementation  of 
functional airspace blocks with a view to achieving the required capacity and efficiency of the air 
traffic management network within the single European sky and maintaining a high level of safety 
and contributing to the overall performance of the air transport system and a reduced environmental 
impact.  Contracting  Parties  shall  cooperate  to  the  fullest  extent  possible  with  each  other,  in 
particular  Contracting  Parties  establishing  neighbouring  functional  airspace  blocks,  in  order  to 
ensure compliance with this provision. 

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9a.2 

B.2.9a.2 

B 

Functional airspace blocks shall, in particular: 

(a) be supported by a safety case; (b) enable optimum use of airspace, taking into account air traffic 
flows;  (c)  ensure  consistency  with  the  European  route  network  established  in  accordance  with 
Article 6 of the airspace Regulation; (d) be justified by their overall added value, including optimal 
use of technical and human resources, on the basis of cost-benefit analyses; (e) ensure a smooth and 
flexible transfer of responsibility for air traffic control between air traffic service units; (f) ensure 
compatibility between the different airspace configurations, optimising, inter alia, the current flight 
information  regions;  (g)  comply  with  conditions  stemming  from  regional  agreements  concluded 
within  the  ICAO;  (h)  respect  regional  agreements  in  existence  on  the  date  of  entry  into  force  of 
Regulation 550/2004; and (i) facilitate consistency with performance targets. 

A  functional  airspace  block  shall  only  be  established  by  mutual  agreement  between  all  the 
Contracting Parties and, where appropriate, third countries who have responsibility for any part of 
the  airspace  included  in  the  functional  airspace  block.  Before  the  establishment  of  a  functional 
airspace block, the Contracting Party(s) concerned shall provide the other Contracting Parties and 
other  interested  parties  with  adequate  information  and  give  them  an  opportunity  to  submit  their 
observations. 

Where  a  functional  airspace  block  relates  to  airspace  that  is  wholly  or  partly  under  the 
responsibility of two or more Contracting Parties, the agreement by which the functional airspace 
block is established shall contain the necessary provisions concerning the way in which the block 
can be modified and the way in which a Contracting Party can withdraw from the block, including 
transitional arrangements. 

Where  difficulties  arise  between  two  or  more  Contracting  Parties  with  regard  to  a  cross-border 
functional airspace block that concerns airspace under their responsibility, the Contracting Parties 
concerned may jointly bring the matter to the Single Sky Committee for an opinion. The opinion 
shall  be  addressed  to  the  Contracting  Parties  concerned.  Without  prejudice  to  Standard  B.2.9a.3, 
the Contracting Parties shall take that opinion into account in order to find a solution. 

9a.3 

B.2.9a.3 

B 

9a.4 

B.2.9a.4 

B 

9a.5 

B.2.9a.5 

B 

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10.1 

B.2.10.1 

10.2 

B.2.10.2 

A 

A 

10.3 

B.2.10.3 

A 

11 

B.2.10.4 

A 

12(1) 

B.2.12.1 

12(2) 

B.2.12.2 

12(3) 

B.2.12.3 

A 

A 

A 

Air  navigation  service  providers  may  avail  themselves  of  the  services  of  other  service  providers 
that have been certified in the Contracting Parties. 

Air  navigation  service  providers  shall  formalize  their  working  relationships  by  means  of  written 
agreements or equivalent legal arrangements, setting out the specific duties and functions assumed 
by each provider and allowing for the exchange of operational data between all service providers in 
so  far  as  general  air  traffic  is  concerned.  Those  arrangements  shall  be  notified  to  the  national 
supervisory authority or authorities concerned.  

In  cases  involving  the  provision  of  air  traffic  services,  the  approval  of  the  Contracting  Parties 
concerned  shall  be  required.  In  cases  involving  the  provision  of  meteorological  services,  the 
approval of the Contracting Parties concerned shall be required if they have designated a provider 
on an exclusive basis in accordance with Standard B.2.9.1. 

Contracting  Parties  shall,  within  the  context  of  the  common  transport  policy,  take  the  necessary 
steps  to  ensure  that  written  agreements  between  the  competent  civil  and  military  authorities  or 
equivalent legal arrangements are established or renewed in respect of the management of specific 
airspace blocks. 

Air navigation service providers, whatever their system of ownership or legal form, shall draw up, 
submit to audit and publish their financial accounts. 

In all cases, air navigation service providers shall publish an annual report and regularly undergo an 
independent audit. 

When  providing  a  bundle  of  services,  air  navigation  service  providers  shall  identify  and  disclose 
the  costs  and  income  deriving  from  air  navigation  services,  broken  down  in  accordance  with  the 
applicable charging system and, where appropriate, shall keep consolidated accounts for other, non-
air-navigation services, as they would be required to do if the services in question were provided by 
separate undertakings. 

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12(4) 

B.2.12.4 

A 

13.1 

B.2.13.1 

13.2 

B.2.13.2 

13.3 

B.2.13.3 

B 

B 

B 

18.1-18.2 

B.2.18.1 

A 

The Contracting Parties shall designate the competent authorities that shall have a right of access to 
the  accounts  of  service  providers  that  provide  services  within  the  airspace  under  their 
responsibility. 

In  so  far  as  general  air  traffic  is  concerned,  relevant  operational  data  shall  be  exchanged  in  real-
time  between  all  air  navigation  service  providers,  airspace  users  and  airports,  to  facilitate  their 
operational needs. The data shall be used only for operational purposes.  

Access  to  relevant  operational  data  shall  be  granted  to  appropriate  authorities,  certified  air 
navigation service providers, airspace users and airports on a non-discriminatory basis. 

Certified service providers, airspace users and airports shall establish standard conditions of access 
to their relevant operational data other than those referred to in paragraph 1. National supervisory 
authorities shall approve such standard conditions. Detailed rules relating to such conditions shall 
be established, where appropriate, in accordance with the procedure referred to in Article 5(3) of 
the framework Regulation. 

Neither  the  national  supervisory  authorities  of  the  Contracting  Parties,  acting  in  accordance  with 
their national legislation, nor the Commission shall disclose information of a confidential nature, in 
particular information about air navigation service providers, their business relations or their cost 
components.  This  shall  be  without  prejudice  to  the  right  of  disclosure  by  national  supervisory 
authorities of the Contracting Parties or the Commission where this is essential for the fulfilment of 
their  duties,  in  which  case  such  disclosure  shall  be  proportionate  and  shall  have  regard  to  the 
legitimate  interests  of  air  navigation  service  providers,  airspace  users,  airports  or  other  relevant 
stakeholders in the protection of their business secrets. 

EN 

78 

EN 

 
  
B.3: 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) as amended by Regulation (EC) No 1070/2009 of the European Parliament and of the Council of 21 October 2009 

Article no.  Standard No. 

(Part/Leg#/Art
#/Std#) 

Standard 

Category 
(either 
Section A or 
Section  B  of 
Part  B  of 
Annex IV) 

1 

B.3.1.1 

A 

3.1 

3.2 

B.3.3.1 

B.3.3.2 

3.3 

B.3.3.3 

B 

B 

B 

An  objective  to  support  the  concept  of  a  progressively  more  integrated  operating  airspace  within 
the  context  of  the  common  transport  policy  and  to  establish  common  procedures  for  design, 
planning and management ensuring the efficient and safe performance of air traffic management. 
The  use  of  airspace  shall  support  the  operation  of  the  air  navigation  services  as  a  coherent  and 
consistent whole in accordance with Regulation (EC) No 550/2004. This shall apply to the airspace 
within the ICAO EUR and AFI regions where Contracting Parties are responsible for the provision 
of  air  traffic  services  in  accordance  with  the  service  provision  Regulation  550/2004.  Contracting 
Parties  may  also  apply  Regulation  551/2004  to  airspace  under  their  responsibility  within  other 
ICAO regions, on condition that they inform the other Contracting Parties thereof.  

The  Contracting  Parties  shall  aim  at  the  establishment  and  recognition  by  the  ICAO  of  a  single 
EUIR.  

The  EUIR  shall  be  designed  to  encompass  the  airspace  falling  under  the  responsibility  of  the 
Contracting Parties in accordance with Article 1(3) of Regulation 551/2004 and may also include 
airspace of European third countries. 

The establishment of the EUIR shall be without prejudice to the responsibility of 

EN 

79 

EN 

 
  
3.4 

B.3.3.4 

3a 

4 

B.3.3a.1 

B.3.4.1 

6.1 

B.3.6.1 

6.2 

6.3 

B.3.6.2 

B.3.6.3 

B 

A 

A 

A 

A 

A 

6.4 

B.3.6.4 

A 

Contracting Parties for the designation of air traffic service providers for the airspace under their 
responsibility in accordance with Standard B.2.8.1. 

Contracting  Parties  shall  retain  their  responsibilities  towards  the  ICAO  within  the  geographical 
limits of the upper flight information regions and flight information regions entrusted to them by 
the ICAO. 

Implementing  rules  on  electronic  aeronautical  information  listed  in  Annex  IV  of  the  EU-Israel 
Euro-Mediterranean Aviation Agreement shall apply. 

Implementing rules on rules of the air and on airspace classification listed in Annex IV of the EU-
Israel Euro-Mediterranean Aviation Agreement shall apply. 

The  air  traffic  management  (ATM)  network  functions  shall  allow  optimum  use  of  airspace  and 
ensure  that  airspace  users  can  operate  preferred  trajectories,  while  allowing  maximum  access  to 
airspace  and  air  navigation  services.  These  network  functions  shall  be  aimed  at  supporting 
initiatives at national level and at the level of functional airspace blocks and shall be executed in a 
manner which respects the separation of regulatory and operational tasks. 

Functions carried out by the Network Manager in route design and management of scarce resources 
as well as the possibility to appoint e.g. Eurocontrol as Network Manager. 

The Commission may add to the list of the functions in standard B.3.6.2 after proper consultation 
of industry stakeholders. Those measures, designed to amend non-essential elements of Regulation 
551/2004 by supplementing it, shall be adopted in accordance with the regulatory procedure with 
scrutiny referred to in Article 5(4) of the framework Regulation. 

Detailed  rules  for  the  implementation  of  the  measures  referred  to  in  Article  6  of  the  Airspace 
Regulation (551/2004), except for those referred to in paragraphs 6 to 9 of article 6 of Regulation 
551/2004 listed in Annex IV of the EU-Israel Euro-Mediterranean Aviation Agreement shall apply. 
Those implementing rules shall address in particular: 

EN 

80 

EN 

 
  
(a)  the  coordination  and  harmonisation  of  processes  and  procedures  to  enhance  the  efficiency  of 
aeronautical frequency management including the development of principles and criteria; 

(b) the central function to coordinate the early identification and resolution of frequency needs in 
the bands allocated to European general air traffic to support the design and operation of European 
aviation network;  

(c) additional network functions as defined in the ATM Master Plan; 

(d) detailed arrangements for cooperative decision-making between the Contracting Parties, the air 
navigation 
function;  
(e) arrangements for consultation of the relevant stakeholders in the decision-making process both 
at national and European levels; and  

management 

providers 

network 

service 

and 

the 

(f) within the radio spectrum allocated to general air traffic by the International Telecommunication 
Union,  a  division  of  tasks  and  responsibilities  between  the  network  management  function  and 
national frequency managers, ensuring that the national frequency management functions continue 
to perform those frequency assignments that have no impact on the network. For those cases which 
do  have  an  impact  on  the  network,  the  national  frequency  managers  shall  cooperate  with  those 
responsible for the network management function to optimise the use of frequencies. 

Aspects  of  airspace  design  other  than  those  referred  to  in  paragraph  2  of  article  6  of  Regulation 
551/2004  shall  be  dealt  with  at  national  level  or  at  the  level  of  functional  airspace  blocks.  This 
design  process  shall  take  into  account  traffic  demands  and  complexity,  national  or  functional 
airspace block performance plans and  shall  include  full consultation of relevant airspace users or 
relevant groups representing airspace users and military authorities as appropriate. 

Contracting  Parties  shall  entrust  Eurocontrol  or  another  impartial  and  competent  body  with  the 
performance of air traffic flow management, subject to appropriate oversight arrangements. 

Implementing  rules  on  air  traffic  flow  management  listed  in  Annex  IV  of  the  EU-Israel  Euro-

6.5 

B.3.6.5 

A 

6.6 

B.3.6.6 

6.7  

B.3.6.7 

B 

A 

EN 

81 

EN 

 
  
7.1 

B.3.7.1 

A 

7. 3 

B.3.7.2 

8.1 

B.3.8.1 

8.2 

B.3.8.2 

A 

A 

A 

Mediterranean Aviation Agreement shall apply. 

Taking  into  account  the  organisation  of  military  aspects  under  their  responsibility,  Contracting 
Parties shall ensure the uniform application within the Single European Sky of the concept of the 
flexible  use  of  airspace  as  described  by  the  ICAO  and  as  developed  by  Eurocontrol,  in  order  to 
facilitate airspace management and air traffic management in the context of the common transport 
policy. 

 Implementing  rules  on  flexible  use  of  airspace  listed  in  Annex  IV  of  the  EU-Israel  Euro-
Mediterranean Aviation Agreement shall apply. 

In  cases  where  the  application  of  Article  7  of  regulation  551/2004  gives  rise  to  significant 
operational difficulties, Contracting Parties may temporarily suspend such application on condition 
that they inform without delay the Joint Committee. 

Following  the  introduction  of  a  temporary  suspension,  adjustments  to  the  rules  adopted  under 
Article 7(3) of Regulation 551/2004 may be worked out for the airspace under the responsibility of 
the Contracting Party(s) concerned. 

EN 

82 

EN 

 
  
B.4: 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) 

as amended by Regulation (EC) No 1070/2009 of the European Parliament and of the Council of 21 October 2009 

Article no.  Standard No. 

(Part/Leg#/Art
#/Std#) 

Standard 

Category 
(either 
Section  A or 
Section  B  of 
Part  B  of 
Annex IV) 

1  +  Annex 
I 

B.4.1.1 

A 

2  +  Annex 
II 

B.4.2.1 

3 

B.4.3.1 

A 

A 

Within the scope of the framework Regulation, Regulation 552/2004 concerns the interoperability 
of the EATMN. It shall apply to the systems, their constituents and associated procedures identified 
in  Annex  I  of  Regulation  552/2004.  The  objective  is  to  achieve  interoperability  between  the 
different systems, constituents and associated procedures of the EATMN, taking due account of the 
relevant  international  rules  and  aiming  also  at  ensuring  the  coordinated  and  rapid  introduction  of 
new agreed and validated concepts of operations or technology in air traffic management. 

The  EATMN,  its  systems  and  their  constituents  and  associated  procedures  shall  meet  essential 
requirements. The essential requirements are set out in Annex II of Regulation 552/2004. 

Implementing  rules  for  interoperability  listed  in  Annex  IV  of  the  EU-Israel  Euro-Mediterranean 
Aviation Agreement shall apply. 

Systems, constituents and associated procedures shall comply with the relevant implementing rules 
for interoperability throughout their lifecycle. 

Implementing rules for interoperability shall in particular: 

(a)  determine  any  specific  requirements  that  complement  or  refine  the  essential  requirements,  in 
particular  in  terms  of  safety,  seamless  operation  and  performance;  and/or  (b)  describe,  where 

EN 

83 

EN 

 
  
appropriate,  any  specific  requirements  that  complement  or  refine  the  essential  requirements,  in 
particular  regarding  the  coordinated  introduction  of  new,  agreed  and  validated  concepts  of 
operation or technologies; and/or (c) determine the constituents when dealing with systems; and/or 
(d) describe the specific conformity assessment procedures involving, where appropriate, notified 
bodies  as  referred  to  in  Article  8  of  552/2004,  based  on  the  modules  defined  in  Decision 
93/465/EEC to be used to assess either the conformity or the suitability for use of constituents as 
well as the verification of systems; and/or (e) specify the conditions of implementation including, 
where appropriate, the date by which all relevant stakeholders are required to comply with them. 

The  preparation,  adoption  and  review  of  implementing  rules  for  interoperability  shall  take  into 
account  the  estimated  costs  and  benefits  of  technical  solutions  by  means  of  which  they  may  be 
complied  with,  with  a  view  to  defining  the  most  viable  solution,  having  due  regard  to  the 
maintenance  of  an  agreed  high  level  of  safety.  An  assessment  of  the  costs  and  benefits  of  those 
solutions  for  all  stakeholders  concerned  shall  be  attached  to  each  draft  implementing  rule  for 
interoperability. 

Implementing rules for interoperability shall be established in accordance with the procedure under 
Article 8 of the framework Regulation. 

Compliance with the essential requirements and/or the implementing rules for interoperability shall 
be  presumed  for  systems,  together  with  the  associated  procedures,  or  constituents  that  meet  the 
relevant  Community  specifications  and  whose  reference  numbers  have  been  published  in  the 
Official Journal of the European Union. 

4 (2) 

A 

5  +  Annex 
III 

B.4.5.1 

A 

Constituents shall be accompanied by an EC declaration of conformity or suitability for use. The 
elements of this declaration are set out in Annex III of Regulation 552/2004. 

The  manufacturer,  or  its  authorised  representative  established  in  the  Contracting  Parties,  shall 
ensure and declare, by means of the EC declaration of conformity or suitability for use that he has 
applied  the  provisions  laid  down  in  the  essential  requirements  and  in  the  relevant  implementing 
rules for interoperability. 

EN 

84 

EN 

 
  
 
6  +  Annex 
IV 

B.4.6.1 

A 

6a 

B.4.6a.1 

A 

Compliance with the essential requirements and the relevant implementing rules for interoperability 
shall be presumed in relation to those constituents that are accompanied by the EC declaration of 
conformity or suitability for use. 

The  relevant  implementing  rules  for  interoperability  shall  identify,  where  appropriate,  the  tasks 
pertaining to the assessment of conformity or suitability for use of constituents to be carried out by 
the notified bodies referred to in Article 8 of Regulation 552/2004. 

Systems shall be subject to an EC verification by the air navigation service provider in accordance 
with  the  relevant  implementing  rules  for  interoperability,  in  order  to  ensure  that  they  meet  the 
essential  requirements  of  Regulation  552/2004  and  the  implementing  rules  for  interoperability, 
when integrated into the EATMN. Before a system is put into service, the relevant air navigation 
service provider shall establish an EC declaration of verification, confirming compliance, and shall 
submit it to the national supervisory authority together with a technical file. The elements of this 
declaration and of the technical file are set out in Annex IV of Regulation 552/2004. The national 
supervisory  authority  may  require  any  additional  information  necessary  to  supervise  such 
compliance. 

The  relevant  implementing  rules  for  interoperability  shall  identify,  where  appropriate,  the  tasks 
pertaining  to  the  verification  of  systems  to  be  carried  out  by  the  notified  bodies  as  referred  to  in 
Article 8 of Regulation 552/2004. 

The EC declaration of verification shall be without prejudice to any assessments that the national 
supervisory authority may need to carry out on grounds other than interoperability. 

A certificate issued in accordance with  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, where it applies to constituents or systems, shall 
be considered, for the purposes of Articles 5 and 6 of Regulation 552/2004, as an EC declaration of 
conformity  or  suitability  for  use,  or  as  an  EC  declaration  of  verification,  if  it  includes  a 
demonstration  of  compliance  with  the  essential  requirements  of  Regulation  552/2004  and  the 

EN 

85 

EN 

 
  
7.1 

B.4.7.1 

A 

8.1 

B.4.8.1 

A 

8.2 

B.4.8.2 

8.3 
Annex V 

+ 

B.4.8.3 

8.4 

B.4.8.4 

A 

A 

A 

relevant implementing rules for interoperability. 

Where the national supervisory authority ascertains that: (a) a constituent accompanied by an EC 
declaration of conformity or suitability for use, or (b) a system accompanied by the EC declaration 
of verification, does not comply with the essential requirements and/or relevant implementing rules 
for  interoperability,  it  shall,  with  due  regard  to  the  need  to  ensure  safety  and  continuity  of 
operations, take all measures necessary to restrict the area of application of the constituent or the 
system concerned or to prohibit its use by the entities under the responsibility of the authority. 

Contracting Parties shall notify the Joint Committee of the bodies they have appointed to carry out 
tasks  pertaining  to  the  assessment  of  conformity  or  suitability  for  use  referred  to  in  Article  5  of 
Regulation  552/2004,  and/or  the  verification  referred  to  in  Article  6  of  Regulation  552/2004, 
indicating  each  body's  area  of  responsibility  and  its  identification  number  obtained  from  the 
Commission.  

Contracting Parties shall apply the criteria provided for in Annex V of Regulation 552/2004 for the 
assessment of the bodies to be notified. Bodies meeting the assessment criteria provided for in the 
relevant European standards shall be deemed to meet the said criteria. 

Contracting  Parties  shall  withdraw  notification  of  a  notified  body  which  no  longer  meets  the 
criteria  provided  for  in  Annex  V  of  Regulation  552/2004.  It  shall  forthwith  inform  the  Joint 
Committee thereof. 

Without  prejudice  to  the  requirements  referred  to  in  paragraphs  1,  2  and  3  of  Article  8  of 
Regulation  552/2004,  Contracting  Parties  may  decide  to  appoint  organisations  recognised  in 
conformity with Article 3 of the service provision Regulation as notified bodies. 

EN 

86 

EN 

 
  
B.5: 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  

as amended by Regulation (EC) No 1108/2009 of the European Parliament and of the Council of 21 October 2009 amending Regulation (EC) 
No 216/2008 in the field of aerodromes, air traffic management and air navigation services and repealing Directive 2006/23/EC 

Article no.  Standard No. 

(Part/Leg#/Art
#/Std#) 

Standard 

Category 
(either 
Section  A or 
Section  B  of 
Part  B  of 
Annex IV) 

3 

B.5.3.1 

A 

8b (1) 

B.5.8b.1 

8b(2) 

B.5.8b.2 

A 

A 

8b(3) 

B.5.8b.3 

A 

The Definitions in Articles 3(da), 3(e), 3(f), 3(g), 3(q), 3(r), 3(s) of regulation 216/2008 as amended 
by  Regulation  1108/2009  shall  apply  to  the  standards  and  requirements  relating  to  air  traffic 
management specified in this Annex. All references to Member States shall be understood to refer 
to Contracting Parties. 

Provision  of  ATM/ANS  shall  comply  with  the  essential  requirements  set  out  in  Annex  Vb  of 
regulation 216/2008 as amended by Regulation 1108/2009. 

ATM/ANS  providers  shall  be  required  to  hold  a  certificate  in  accordance  with  Regulation 
1035/2011  and  applicable  national  law.  The  certificate  shall  be  issued  when  the  provider  has 
demonstrated  its  capability  and  means  of  discharging  the  responsibilities  associated  with  the 
provider’s  privileges.  The  privileges  granted  and  the  scope  of  the  services  provided  shall  be 
specified in the certificate.  

By  way  of  derogation  from  Standard  B.5.8b.2,  Contracting  Parties  may  decide  that  providers  of 
flight information services shall be allowed to declare their capability and means of discharging the 
responsibilities associated with the services provided.  

EN 

87 

EN 

 
  
8b(4) 

B.5.8b.4 

B 

8b(5) 

B.5.8b.5 

A 

8b(6) 

B.5.8b.6 

8c (1) 

B.5.8c.1 

8c (2) 

B.5.8c.2 

8c (3) 

B.5.8c.3 

A 

A 

A 

A 

8c (4) 

B.5.8c.4 

A 

The  measures  referred  to  in  Standard  B.5.8b.6  may  lay  down  a  requirement  for  certification  in 
respect  of  organisations  engaged  in  the  design,  manufacture  and  maintenance  of  safety-critical 
ATM/ANS  systems  and  constituents.  The  certificate for those organisations shall be issued when 
they  have  demonstrated  their  capability  and  means  of  discharging  the  responsibilities  associated 
with their privileges. The privileges granted shall be specified in the certificate.  

The  measures  referred  to  in  Standard  B.5.8b.6  may  lay  down  a  requirement  for  certification,  or 
alternatively, validation by the ATM/ANS provider, in respect of safety-critical ATM/ANS systems 
and  constituents.  The  certificate  for  those  systems  and  constituents  shall  be  issued,  or  validation 
shall  be  given,  when  the  applicant  has  shown  that  the  systems  and  constituents  comply  with  the 
detailed specifications established to ensure compliance with the essential requirements referred to 
in Standard B.5.8b.1.  

Implementing rules on ATM/ANS referred to in Article 8b(6) of Regulation 216/2008 as amended 
by  Regulation  1108/2009  and  listed  in  Annex  IV  of  the  EU-Israel  Euro-Mediterranean  Aviation 
Agreement shall apply. 

Air  traffic  controllers  as  well  as  persons  and  organisations  involved  in  the  training,  testing, 
checking or medical assessment of air traffic controllers, shall comply with the relevant essential 
requirements set out in Annex Vb of Regulation 216/2008 as amended by Regulation 1108/2009. 

Air traffic controllers shall be required to hold a licence and a medical certificate appropriate to the 
service provided. 

The licence referred to in Standard B.5.8c.2 shall only be issued when the applicant for the licence 
demonstrates  that  he  or  she  complies  with  the  rules  established  to  ensure  compliance  with  the 
essential  requirements  regarding  theoretical  knowledge,  practical  skill,  language  proficiency  and 
experience as set out in Annex Vb of Regulation 216/2008 as amended by Regulation 1108/2009.. 

The  medical  certificate  referred  to  in  Standard  B.5.8c.2  shall  only  be  issued  when  the  air  traffic 
controller complies with the rules established to ensure compliance with the essential requirements 
on  medical  fitness  as  set  out  in  Annex  Vb  of  Regulation  216/2008  as  amended  by  Regulation 

EN 

88 

EN 

 
  
8c (5) 

B.5.8c.5 

8c (6) 

B.5.8c.6 

8c (7) 

B.5.8c.7 

A 

A 

A 

8c (8) 

B.5.8c.8 

A 

1108/2009. The medical certificate may be issued by aero medical examiners or by aero medical 
centres. 

The  privileges  granted  to  the  air  traffic  controller  and  the  scope  of  the  licence  and  the  medical 
certificate shall be specified in such licence and certificate. 

The  capability  of  air  traffic  controller  training  organisations,  aero  medical  examiners  and  aero 
medical  centres  to  discharge  the  responsibilities  associated  with  their  privileges  in  relation  to  the 
issuance of licences and medical certificates shall be recognised by the issuance of a certificate. 

A  certificate  shall  be  issued  to  training  organisations,  aero  medical  examiners  and  aero  medical 
centres for air traffic controllers that have demonstrated that they comply with the rules established 
to ensure compliance with the relevant essential requirements as set out in Annex Vb of Regulation 
216/2008 as amended by Regulation 1108/2009. The privileges granted by the certificate shall be 
specified therein. 

Persons responsible for providing practical training or for assessing air traffic controllers’ skill shall 
hold a certificate. The certificate shall be issued when the person concerned has demonstrated that 
he  or  she  complies  with  the  rules  established  to  ensure  compliance  with  the  relevant  essential 
requirements as set out in Annex Vb of Regulation 216/2008 as amended by Regulation 1108/2009. 
The privileges granted by the certificate shall be specified therein. 

8c (9) 

B.5.8c.9 

A 

Synthetic training devices shall comply with the relevant essential requirements set out in Annex 
Vb of Regulation 216/2008 as amended by Regulation 1108/2009. 

8c(10) 

B.5.8c.10 

A/B3 

Implementing rules referred to in Article 10 of of Regulation 216/2008 as amended by Regulation 
1108/2009 and listed in Annex IV of the EU-Israel Euro-Mediterranean Aviation Agreement shall 
apply. 

Annex  

B.5.Vb.1 

A 

(a) All aircraft, excluding those engaged in the activities referred to in Article 1(2)(a) of Regulation 

3 

EN 

Provisions which are derived from ICAO SARP's shall be classified as Category A. All other provisions shall be classified as Category B. 

89 

EN 

 
  
                                                 
Vb (1) 

Annex  

B.5.Vb.2 

Vb (2) 

Annex  

B.5.Vb.3 

Vb (3) 

A 

A 

Annex  

B.5. Vb.4 

A/B4 

Vb (4) 

Annex  

B.5.Vb.5 

A 

Vb (5) 

216/2008,  in  all  phases  of  flight  or  on  the  movement  area  of  an  aerodrome,  shall  be  operated  in 
accordance with applicable general operating rules and any applicable procedure specified for use 
of that airspace.  

(b) All aircraft, excluding those engaged in the activities referred to in Article 1(2)(a) of Regulation 
216/2008, shall be equipped with the required constituents and operated accordingly. Constituents 
used in the ATM/ANS system shall also comply with the requirements in point 3 of Annex Vb of 
Regulation 216/2008 as amended by Regulation 1108/2009. 

The  essential  requirements  in  Annex  Vb  (2)  of  regulation  216/2008  as  amended  by  Regulation 
1108/2009 shall apply.  

The  essential  requirements  in  Annex  Vb  (3)  of  regulation  216/2008  as  amended  by  Regulation 
1108/2009 shall apply. 

 The  essential  requirements  in  Annex  Vb  (4)  of  regulation  216/2008  as  amended  by  Regulation 
1108/2009 shall apply 

The  essential  requirements  in  Annex  Vb  (5)  of  regulation  216/2008  as  amended  by  Regulation 
1108/2009 shall apply. 

4 

EN 

Provisions which are derived from ICAO SARP's shall be classified as Category A. All other provisions shall be classified as Category B. 

90 

EN 

 
  
                                                 
PART C: Environment 

C.1: Directive 2002/30/EC 

Regulation establishment of rules and procedures with regard to the introduction of noise-related operating restrictions at Community 
airports 

Article 
No. 

Standard No. 

(Part/Leg#/Art#/Std#)

Standard 

3 

4 

5 + 
Annex II 
(1-3) 

C.1.3.1 

C.1.4.1 

C.1.4.2 

C.1.4.3 

C.1.4.4 

C.1.5.1 

The Contracting Parties shall ensure that there are competent authorities responsible for matters regarding 
the introduction of noise-related operating restrictions at airports. 

The Contracting Parties shall adopt a balanced approach in dealing with noise problems at airports in their 
territory. They may also consider economic incentives as a noise management measure. 

When considering operating restrictions, the competent authorities shall take into account the likely costs 
and benefits of the various measures available as well as airport-specific characteristics. 

Measures  or  a  combination  of  measures  taken  shall  not  be  more  restrictive  than  necessary  in  order  to 
achieve the environmental objective established for a specific airport. They shall be non-discriminatory on 
grounds of nationality or identity of air carrier or aircraft manufacturer. 

Performance-based  operating  restrictions  shall  be  based  on  the  noise  performance  of  the  aircraft  as 
determined  by  the  certification  procedure  conducted  in  accordance  with  Volume  1  of  Annex  16  to  the 
Convention on International Civil Aviation. 

When  a  decision  on  operating  restrictions  is  being  considered,  the  information  as  specified  in  Annex  II 
paragraphs  1-3  of  directive  2002/30/EC  shall,  as  far  as  appropriate  and  possible,  for  the  operating 
restrictions concerned and for the characteristics of the airport, be taken into account. 

EN 

91 

EN 

 
  
 
 
 
Article 
No. 

Standard No. 

(Part/Leg#/Art#/Std#)

Standard 

7 

C.1.7.1 

Rules of assessment of operating restrictions shall not apply to: 

(a)  operating  restrictions  that  were  already  established  on  the  date  of  implementation  of  this  standard  as 
validated by a decision of the Joint Committee as specified in Annex II paragraph 5 of the EU-Israel Euro-
Mediterranean Aviation agreement; 

(b)  minor  technical  changes  to  operating  restrictions  of  a  partial  nature  that  do  not  have  any  significant 
cost  implications  for  the  airline  operators  at  any  given  airport  and  that  have  been  introduced  after 
implementation of this standard as mentioned above.  

9 

C.1.9.1 

In  individual  cases,  Contracting  Parties  may  authorize,  at  airports  situated  in  their  territory,  individual 
operations  of  aircraft  which  could  not  take  place  on  the  basis  of  the  other  provisions  of  Directive 
2002/30/EC in cases that: 

(a) aircraft whose individual operations are of such an exceptional nature that it would be unreasonable to 
withhold a temporary exemption; 

(b) aircraft on non-revenue flights for the purpose of alterations, repair or maintenance. 

10 

11 

C.1.10.1 

C.1.11.1 

Contracting  Parties  shall  ensure  that,  for  the  application  of  operating  restrictions,  procedures  for 
consultation of interested parties are established in accordance with applicable national law. 

A Contracting Party shall forthwith inform the other Contracting Party of any new operating restriction that 
it has decided to introduce at an airport in its territory.  

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Article 
No. 

Standard No. 

(Part/Leg#/Art#/Std#)

12 

C.1.12.1 

Standard 

Contracting  Parties  shall  ensure  the  right  to  appeal  against  the  decisions  regarding  operating  restrictions 
before an appeal body other than the authority that has adopted the contested decision, in accordance with 
national legislation and procedures.  

Annex II 
(1-3) 

Information referred to in Standard C.1.5.1. 

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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 (1988)  

C.2: Directive 2006/93/EC 

Article 
No. 

Standard 
No. 

1 

C.2.1.1 

Applicability:  

Standard 

a. Aeroplanes with MTOM of 34,000 kg or more; or  

b. aeroplanes with certified internal accommodation of more than 19 passengers seats. 

2 

3 

C.2.2.2 

Civil subsonic jet aeroplanes shall comply with the standards specified in Part II, Chapter 3, Volume 1 of 
Annex 16 to the Convention  

C.2.3.1 

Exemptions  from  the  requirement  to  operate  Civil  subsonic  jet  aeroplanes  according  to  the  standards 
specified  in  Part  II,  Chapter  3,  Volume  1  of  Annex  16  to  the  Convention  can  be  given  in  cases  of:  (a) 
aeroplanes  with  historical  interest;  (b)  temporary  use  of  aeroplanes  whose  operations  are  of  such  an 
exceptional nature that it would be unreasonable to withhold a temporary exemption; and (c) temporary use 
of aeroplanes on non-revenue flights for the purposes of alterations, repair or maintenance. 

3 

C.2.3.2 

A Contracting Party shall inform the competent authorities of the other Contracting Parties of the exemption 
given in case of historical interest.  

Every Contacting Party shall recognise the exemptions granted by another Contracting Party in respect of 
aeroplanes entered on the registers of the latter. 

5 

C.2.5.1 

The  Contracting  Parties  shall  lay  appropriate  enforcement  measures  applicable  to  infringements  of  the 
national  provisions  adopted  pursuant  to  Directive  2006/93/EC  and  shall  take  all  measures  necessary  to 
ensure  that  those  measures  are  implemented.  The  measures  provided  for  must  be  effective,  proportionate 
and dissuasive. 

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PART D: Air Carrier Liability 

D.1: Council Regulation (EC) No 2027/97 on air carrier liability in the event of accidents  

Article No 

Standard 
No. 

as amended by Regulation (EC) No 889/2002 

 Standard 

2(1)(a), 2(1)(c)-(g)  D.1.2.1 

The  Definitions  in  Article  2  shall  apply  to  the  regulatory  requirements  and  standards  relating  to  air  carrier 
liability in the event of accidents specified in this Annex. 

3 

5 

6 

D.1.3.1 

Application of the Montreal Convention 1999 by the Contracting Parties, including to domestic flights. 

D.1.5.1 

The  Contracting  Parties  shall  ensure  that  air  carriers  make  advance  payments  to  natural  persons  entitled  to 
compensation as may be required to meet immediate economic needs on a basis proportional to the hardship 
suffered 

D.1.6.1 

The Contracting Parties shall ensure that all air carriers make available to passengers at all points of sale a 
summary of the main provisions governing liability for passengers and their baggage. 

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PART E: Consumer Rights 

E.1: Directive 90/314/EEC 

on package travel, package holidays and package tours 

Article No. 

Standard No. 

Standard 

(Part/Leg#/Art
#/Std#) 

E.1.1.1 

E.1.2.1 

1 

2 

Approximation of the laws, regulations and administrative provisions of the Contracting Parties relating to 
packages sold or offered for sale in the territory of the Contracting Parties. 

The Definitions in Article 2 of Directive 90/314/EEC shall apply to the standards and requirements relating 
to  package  travel,  package  holidays  and  package  tours  specified  in  this  Annex  as  applicable  and  as 
appropriate .For the purpose of this annex, the following definition of 'package' shall apply:  

'package' means the pre-arranged combination of not fewer than two of the following when sold or 
offered for sale at an inclusive price : 

a) transport ; 

b) accommodation ; 

c) Other tourist services not ancillary to transport or accommodation and accounting for a significant 
proportion of the package . 

The separate billing of various components of the same package shall not absolve the organizer or 
retailer from the obligations under this Annex ; 

3 

E.1.3.1 

Organizer and retailer must provide full and accurate information. When a brochure is made available to the 
consumer,  it  shall  indicate  in  a  legible,  comprehensible  and  accurate  manner  both  the  price  and  adequate 
information concerning:  

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Standard 

(Part/Leg#/Art
#/Std#) 

(a) the destination and the means, characteristics and categories of transport used;  

(b)  the  type  of  accommodation,  its  location,  category  or  degree  of  comfort  and  its  main  features,  its 
approval and tourist classification;  

(c) the meal plan;  

(d) the itinerary;  

(e)  general  information  on  passport  and  visa  requirements  and  health  formalities  required  for  the  journey 
and the stay;  

(f)  either  the  monetary  amount  or  the  percentage  of  the  price  which  is  to  be  paid  on  account,  and  the 
timetable for payment of the balance;  

(g) whether a minimum number of persons is required for the package to take place and, if so, the deadline 
for informing the consumer in the event of cancellation.  

The information which provided is binding unless the following terms are fulfilled: 

- changes in such particulars have been clearly communicated to the consumer before conclusion of the 
contract, in which case the brochure shall expressly state so,  

- changes are made later following an agreement between the parties to the contract.  

4(1), 4(2) 

E.1.4.1 

The  organizer  and/or  the  retailer  shall  provide  the  consumer,  in  writing  or  any  other  appropriate  form, 
before the contract is concluded, with general information on passport and visa requirements applicable and 
in  particular  on  the  periods  for  obtaining  them,  as  well  as  with  information  on  the  health  formalities 

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Article No. 

Standard No. 

Standard 

(Part/Leg#/Art
#/Std#) 

required for the journey and the stay;  

The organizer and/or retailer shall also provide the consumer, in writing or any other appropriate form, with 
the following information in good time before the start of the journey:  

(i) the times and places of intermediate stops and transport connections as well as details of the place to be 
occupied by the traveller (e.g. cabin or berth on ship, sleeper compartment on train);  

(ii)  the  name,  address  and  telephone  number  of  the  organizer's  and/or  retailer's  local  representative  or, 
failing that, of local agencies on whose assistance a consumer in difficulty could call.  

Where  no  such  representatives  or  agencies  exist,  the  consumer  must  in  any  case  be  provided  with  an 
emergency telephone number or any other information that will enable him to contract the organizer and/or 
the retailer;  

(iii) in the case of journeys or stays abroad by minors, information enabling direct contact to be established 
with the child or the person responsible at the child's place of stay;  

Depending on the particular package, the contract shall contain at least the elements listed below as long as 
relevant to the particular package;  

(a) the travel destination(s) and, where periods of stay are involved, the relevant periods, with dates;  

(b) the means, characteristics and categories of transport to be used, the dates, times and points of departure 
and return;  

(c) where the  package includes accommodation, its location, its tourist category or degree of comfort, its 
main features, its compliance with the rules of the host State concerned and the meal plan;  

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Standard No. 

Standard 

(Part/Leg#/Art
#/Std#) 

(d) whether a minimum number of persons is required for the package to take place and, if so, the deadline 
for informing the consumer in the event of cancellation;  

(e) the itinerary;  

(f) visits, excursions or other services which are included in the total price agreed for the package;  

(g) the name and address of the organizer, the retailer and, where appropriate, the insurer;  

(h) the price of the package, an indication of the possibility of price revisions referred to in Standard E.1.4.2 
and  an  indication  of  any  dues,  taxes  or  fees  chargeable  for  certain  services  (landing,  embarkation  or 
disembarkation fees at ports and airports, tourist taxes) where such costs are not included in the package;  

(i) the payment schedule and method of payment;  

(j) special requirements which the consumer has communicated to the organizer or retailer when making the 
booking, and which both have accepted;  

(k) periods within which the consumer must make any complaint concerning failure to perform or improper 
performance of the contract.  

All  the  terms  of  the  contract  shall  be  set  out  in  writing  or  such  other  form  as  is  comprehensible  and 
accessible  to  the  consumer  and  must  be  communicated  to  him  before  the  conclusion  of  the  contract;  the 
consumer shall also be given a copy of these terms. 

4(4) 

E.1.4.2 

Prohibition  to  change  the  price  unless  the  contract  expressly  provides  for  the  possibility  of  upward  or 
downward  revision  and  states  precisely  how  the  revised  price  is  to  be  calculated  and  solely  to  allow  for 

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Standard No. 

Standard 

(Part/Leg#/Art
#/Std#) 

variations in:  

- transportation costs, including the cost of fuel,  

- dues, taxes or fees chargeable for certain services, such as landing taxes or embarkation or disembarkation 
fees at ports and airports,  

- the exchange rates applied to the particular package, 

- hotel accommodation costs. 

During a fixed period of time, to be determined in the relevant legislation of the Contracting Party, prior to 
the  departure  date  stipulated,  the  price  stated  in  the  contract  shall  not  be  increased  provided  that  the 
consumer has paid the full price of the package. 

4(5) 

E.1.4.3 

in the event of changing essential term of the contract before the departure, the consumer will have the right 
to: 

- either to withdraw from the contract without penalty,  

- or to accept a rider to the contract specifying the alterations made and their impact on the price.  

4(6) 

E.1.4.4 

In the event of cancellation of the package before the agreed date of departure for reasons which are not the 
fault of the consumer, the consumer will be entitled: 

a) either to take a substitute package of equivalent or higher quality where the organizer and/or retailer 
is  able  to  offer  him  such  a  substitute.  If  the  replacement  package  offered  is  of  lower  quality,  the 

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Standard No. 

Standard 

(Part/Leg#/Art
#/Std#) 

organizer shall refund the difference in price to the consumer;  

(b) or to be repaid as soon as possible all sums paid by him under the contract.  

In  such  a  case,  he  shall  be  entitled,  if  appropriate,  to  be  compensated  by  either  the  organizer  or  the 
retailer, whichever the relevant Contracting Party's law requires, for non-performance of the contract, 
except where:  

(i) cancellation is on the grounds that the number of persons enrolled for the package is less than the 
minimum  number  required  and  the  consumer  is  informed  of  the  cancellation,  in  writing,  within  the 
period indicated in the package description; or  

(ii) cancellation, excluding overbooking, is for reasons of force majeure, i.e. unusual and unforeseeable 
circumstances beyond the control of the party by whom it is pleaded, the consequences of which could 
not have been avoided even if all due care had been exercised.  

4(7) 

E.1.4.5 

Where,  after  departure,  a  significant  proportion  of  the  services  contracted  for  is  not  provided  or  the 
organizer perceives that he will be unable to procure a significant proportion of the services to be provided 
the consumer shall be entitled to: 

Suitable alternative arrangements, at no extra cost to the consumer, for the continuation of the package, and 
where appropriate compensation for the difference between the services offered and those supplied.  

If it is impossible to make such arrangements or these are not accepted by the consumer for good reasons, 
the  organizer  shall,  where  appropriate,  provide  the  consumer,  at  no  extra  cost,  with  equivalent  transport 
back to the place of departure, or to another return-point to which the consumer has agreed and shall, where 
appropriate, compensate the consumer.  

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Standard No. 

Standard 

(Part/Leg#/Art
#/Std#) 

5(1) 

E.1.5.1 

The Contracting Parties shall take the necessary steps to ensure that the organizer and/or retailer party to the 
contract is liable to the consumer for the proper performance of the obligations arising from the contract, 
irrespective  of  whether  such  obligations  are  to  be  performed  by  that  organizer  and/or  retailer  or  by  other 
suppliers  of  services,  without  prejudice  to  the  right  of  the  organizer  and/or  retailer  to  pursue  those  other 
suppliers of services. 

5(2)-5(4) 

E.1.5.2 

The consumer will have a right to compensation in case of failure to perform or the improper performance 
of the contract unless certain terms which are detailed in Directive 90/314/EEC are fulfilled. 

The organizer and/or retailer party to the contract shall be required to give prompt assistance to a consumer 
in difficulty even if the organiser or retailer is not responsible for damages due to the fact that the failures 
are  attributable  to  a  third  party  unconnected  with  the  provision  of  the  services  contracted  for,  and  are 
unforeseeable or unavoidable, or due to the fact that such failures are due to a case of force majeure such as 
that  defined  in  Standard  E.1.4.4,  or  to  an  event  which  the  organizer  and/or  retailer  or  the  supplier  of 
services, even with all due care, could not foresee or forestall. 

6 

E.1.6.1 

In cases of complaint, the organizer and/or retailer must make prompt efforts to find appropriate solutions. 

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Establishing common rules on compensation and assistance to passenger in the event of denied boarding 

E.3: Regulation (EC) No 261/2004 

Article No. 

Standard No. 

Standard 

and of cancellation or long delay of flight 

(Part/Leg#/Art
#/Std#) 

1 

2 

E.3.1.1 

Establishment of minimum rights for passengers when: 

(a) They are denied boarding against their will; (b) their flight is cancelled; (c) their flight is delayed. 

E.3.2.1 

The Definitions in Article 2 of Regulation (EC) No 261/2004 shall apply to the standards and requirements 
relating to the establishment of common rules on compensation and assistance to passenger in the event of 
denied  boarding  and  of  cancellation  or  long  delay  of  flight  specified  in  this  Annex  as  applicable  and 
appropriate. 

3(2)-(3) 

E.3.3.1 

The regulatory requirements and standards shall apply on the condition that passengers: 

(a) have a confirmed reservation on the flight concerned and, except in the case of cancellation referred to 
in Article 5 of Regulation (EC) No 261/2004, present themselves for check-in, 

-  as  stipulated  and  at  the  time  indicated  in  advance  by  the  air  carrier,  the  tour  operator  or  an  authorised 
travel agent and it was proved that the passenger has received a notification, or, if no time is indicated, 

- not later than a fixed period of time to be determined in the relevant legislation of the Contracting Party 
before the published departure time; or 

(b) have been transferred by an air carrier or tour operator from the flight for which they held a reservation 

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Standard No. 

Standard 

(Part/Leg#/Art
#/Std#) 

to another flight, irrespective of the reason. 

4(1) 

E.3.4.1 

4(2) 

4(3) 

E.3.4.2 

E.3.4.3 

The  regulatory  requirements  and  standards  shall  not  apply  to  passengers  travelling  free  of  charge  or  at  a 
reduced fare not available directly or indirectly to the public. However, it shall apply to passengers having 
tickets issued under a frequent flyer programme or other commercial programme by an air carrier or tour 
operator. 

When  an  operating  air  carrier  reasonably  expects  to  deny  boarding  on  a  flight,  it  shall  first  call  for 
volunteers to surrender their reservations in exchange for benefits under conditions to be agreed between 
the  passenger  concerned  and  the  operating  air  carrier.  Volunteers  shall  be  assisted  in  accordance  with 
Article  8  of  Regulation  261/2004.  Such  assistance  being  additional  to  the  benefits  mentioned  in  this 
standard.  

If an insufficient number of volunteers come forward to allow the remaining passengers with reservations to 
board the flight, the operating air carrier may then deny boarding to passengers against their will. 

If boarding is denied to passengers against their will, the operating air carrier shall compensate them and 
assist them (passengers shall be offered the choice between reimbursement of the cost of the ticket together 
with,  when  relevant,  a  return  flight;  or  re-routing  under  comparable  transport  conditions  to  the  final 
destination  at  the  earliest  opportunity;  or  re-routing  under  comparable  transport  conditions  to  the  final 
destination  at  a  later  date  at  the  passenger's  convenience  subject  to  availability  of  seats;  meals  and 
refreshments; two telephone calls, fax/e-mail; hotel accommodation, when necessary, and transport between 
the  airport  and  place  of  accommodation)  in  accordance  with  the  relevant  legislation  of  the  Contracting 
Party. 

5(1) 

E.3.5.1 

In case of cancellation of a flight, the passengers concerned shall: (a) be offered assistance by the operating 
air carrier ((i) choice between reimbursement of the cost of the ticket together with, when relevant, a return 

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Standard No. 

Standard 

(Part/Leg#/Art
#/Std#) 

flight;  or  re-routing  under  comparable  transport  conditions  to  the  final  destination  at  the  earliest 
opportunity; or re-routing under comparable transport conditions to the final destination at a later date at the 
passenger's  convenience  subject  to  availability  of  seats;  and  (ii)  in  the  event  of  re-routing,  meals  and 
refreshments  and  two  telephone  calls,  fax/e-mail  as  well  as  hotel  accommodation,  when  necessary,  and 
transport between the airport and place of accommodation) and (b) have the right to compensation by the 
operating air carrier, unless they are informed of the cancellation well in advance of the scheduled time of 
departure (a fixed time period to be determined in the relevant legislation of the Contracting Party) or they 
are  informed  at  a  later  stage  and  are  offered  re-routing  allowing  them  to  depart  and  reach  their  final 
destination  within  a  fixed  periods  of  time  (close  to  the  scheduled  time  of  departure  and  arrival)  to  be 
determined in the relevant legislation of the Contracting Party. 

When  passengers  are  informed  of  the  cancellation,  an  explanation  shall  be  given  concerning  possible 
alternative transport. 

An  operating  air  carrier  shall  not  be  obliged  to  pay  compensation,  if  it  can  prove  that  the  cancellation  is 
caused by extraordinary circumstances which could not have been avoided even if all reasonable measures 
had been taken. 

5(2) 

5(3) 

E.3.5.2 

E.3.5.3 

5(4) 

E.3.5.4 

The burden of proof concerning the questions as to whether and when the passenger has been informed of 
the cancellation of the flight shall rest with the operating air carrier. 

6 

E.3.6.1 

When  an  operating  air  carrier  reasonably  expects  a  flight  to  be  delayed  beyond  its  scheduled  time  of 
departure by two hours or more, passengers shall be offered assistance by the operating air carrier (meals 
and refreshments and two telephone calls, fax/e-mail); when the delay is at least five hours, the passenger 
has  a  choice  of  waiting  for  original  flight  or  reimbursement  of  the  cost  of  the  ticket  together  with,  when 
relevant, a return flight, and additional assistance of hotel accommodation, when an overnight stay of one or 
more nights is required, and transport between the airport and place of accommodation. 

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Standard 

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#/Std#) 

7 

E.3.7.1 

Where compensation is to be provided, passengers shall receive compensation amounting to: 

(a) 1,250 NIS or EUR 250 for all flights of 2000 kilometres or less; 

(b) 2,000 NIS or EUR 400 for flights between 2000 and 4500 kilometres; 

(c) 3,000 NIS or EUR 600 for all flights not falling under (a) or (b). 

In  determining  the  distance,  the  basis  shall  be  the  last  destination  at  which  the  denial  of  boarding  or 
cancellation will delay the passenger's arrival after the scheduled time. 

When passengers are offered re-routing to their final destination on an alternative flight, the arrival time of 
which  does  not  exceed  the  scheduled  arrival  time  of  the  flight  originally  booked  by  certain  short  fixed 
period of time to be determined in the relevant legislation of the Contracting Party, the operating air carrier 
may reduce the compensation by 50 %. 

The  compensation  shall  be  paid  in  cash,  by  electronic  bank  transfer,  or  cheques  or,  with  the  signed 
agreement of the passenger, in travel vouchers and/or other services. 

8(3) 

E.3.8.1 

When, in the case where a town, city or region is served by several airports, an operating air carrier offers a 
passenger a flight to an airport alternative to that for which the booking was made, the operating air carrier 
shall  bear  the  cost  of  transferring  the  passenger  from  that  alternative  airport  either  to  that  for  which  the 
booking was made, or to another close-by destination agreed with the passenger. 

10(1) 

E.3.10.1 

If an operating air carrier places a passenger in a class higher than that for which the ticket was purchased, it 
may not request any supplementary payment. 

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#/Std#) 

10(2) 

E.3.10.2 

If an operating air carrier places a passenger in a class lower than that for which the ticket was purchased, it 
shall provide reimbursement in accordance with the relevant legislation of the Contracting Party. 

11(1) 

E.3.11.1 

Operating  air  carriers  shall  give  priority  to  carrying  persons  with  reduced  mobility  and  any  persons  or 
certified service dogs accompanying them, as well as unaccompanied children. 

11(2), 9(3) 

E.3.11.2 

In  cases  of  denied  boarding,  cancellation  and  delays,  persons  with  reduced  mobility  and  any  persons 
accompanying  them,  as  well  as  unaccompanied  children,  shall  have  the  right  to  care  as  soon  as  possible. 
When  providing  care,  the  operating  air  carrier  shall  pay  particular  attention  to  the  needs  of  persons  with 
reduced mobility and any persons accompanying them, as well as to the needs of unaccompanied children 

12 

E.3.12.1 

The  standards  delivered  in  Regulation  261/2004  shall  apply  without  prejudice  to  a  passenger's  rights  to 
further compensation.  The compensation granted under  Regulation  261/2004  may  be  deducted  from  such 
compensation. 

13 

E.3.13.1 

Without prejudice to relevant principles and rules of national law, the above shall not apply to passengers 
who have voluntarily surrendered a reservation under Article 4(1) of Regulation 261/2004. 

In cases where an operating air carrier pays compensation or meets the other obligations incumbent on it 
under Regulation 261/2004, no provision of the Regulation may be interpreted as restricting its right to seek 
compensation from any person, including third parties, in accordance with the law applicable. In particular, 
Regulation 261/2004 shall in no way restrict the operating air carrier's right to seek reimbursement from a 
tour operator or another person with whom the operating air carrier has a contract. Similarly, no provision 
of the Regulation may be interpreted as restricting the right of a tour operator or a third party, other than a 
passenger, with whom an operating air carrier has a contract, to seek reimbursement or compensation from 
the operating air carrier in accordance with applicable relevant laws. 

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Standard No. 

Standard 

(Part/Leg#/Art
#/Std#) 

14(1) 

E.3.14.1 

The operating air carrier shall ensure that at check-in a clearly legible notice containing the following text 
(or similar content) is displayed in a manner clearly visible to passengers: ‘If you are denied boarding or if 
your  flight  is  cancelled  or  delayed,  ask  at  the  check-in  counter  or  boarding  gate  for  the  text  stating  your 
rights, particularly with regard to compensation and assistance’. 

14(2) 

E.3.14.2 

An operating air carrier denying boarding or cancelling a flight shall provide each passenger affected with a 
written  notice  setting  out  the  rules  for  compensation  and  assistance  in  line  with  Regulation  261/2004.  It 
shall also provide each passenger affected by a significant delay with an equivalent notice.  

15 

E.3.15.1 

Obligations  vis-à-vis  passengers  pursuant  to  this  Regulation  may  not  be  limited  or  waived,  notably  by  a 
derogation or restrictive clause in the contract of carriage. 

If,  nevertheless,  such  a  derogation  or  restrictive  clause  is  applied  in  respect  of  a  passenger,  or  if  the 
passenger  is  not  correctly  informed  of  his  rights  and  for  that  reason  has  accepted  compensation  which  is 
inferior  to  that  provided  for  in  Regulation  261/2004,  the  passenger  shall  still  be  entitled  to  take  the 
necessary proceedings before the competent courts in order to obtain additional compensation. 

16 

E.3.16.1 

The  Contracting  Parties  shall  ensure  the  enforcement  of  these  regulatory  requirements  and  standards 
stemming  from  Regulation  261/2004.  The  enforcement  measures,  which  may  include  enforcement 
measures based on court rulings in the field of civil law, shall be effective, proportionate and dissuasive. 

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E.4: 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 

Article No. 

Standard No. 

Standard 

(Part/Leg#/Art
#/Std#) 

1(1) 

E.4.1.1 

Establishment of rules for the protection of and provision of assistance to disabled persons and persons with 
reduced  mobility  travelling  by  air,  both  to  protect  them  against  discrimination  and  to  ensure  that  they 
receive assistance. 

2 

3 

E.4.2.1 

E.4.3.1 

The Definitions in Article 2 of Regulation (EC) No 1107/2006 shall apply to the standards and requirements 
concerning  the  rights  of  disabled  persons  and  persons  with  reduced  mobility  when  travelling  by  air 
specified in this Annex as applicable and appropriate. 

An  air  carrier  or  its  agent  or  a  tour  operator  shall  not  refuse,  on  the  ground  of  disability,  to  accept  a 
reservation for a flight or to embark a disabled person or a person with reduced mobility, provided that the 
person concerned has a valid ticket and reservation. 

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Article No. 

Standard No. 

Standard 

(Part/Leg#/Art
#/Std#) 

4(1) 

E.4.4.1 

An air carrier or its agent or a tour operator may refuse, on the ground of disability, to accept a reservation 
from or to embark a disabled person or a person with reduced mobility: 

(a) in order to meet applicable safety requirements established 

by  international  or  national  law  or  in  order  to  meet  safety  requirements  established  by  the  authority  that 
issued the air operator's certificate to the air carrier concerned; 

(b) if the size of the aircraft or its doors makes the embarkation 

or carriage of that disabled person or person with reduced mobility physically impossible. 

In  the  event  of  refusal  to  accept  a  reservation  on  the  grounds  referred  to  under  points  (a)  or  (b),  the  air 
carrier, its agent or the tour operator shall make reasonable efforts to propose an acceptable alternative to 
the person in question. 

A disabled person or a person with reduced mobility who has been denied embarkation on the grounds of 
his or her disability or reduced mobility and any person accompanying this person shall be offered the right 
to reimbursement or re-routing as provided for in Article 8 of Regulation 261/2004. The right to the option 
of a return flight or re-routing shall be conditional upon all safety requirements being met. 

In order to meet applicable safety requirements established by international or national law or in order to 
meet  safety  requirements  established  by  the  authority  that  issued  the  air  operator's  certificate  to  the  air 
carrier concerned - an air carrier or its agent or a tour operator may require that a disabled person or person 
with  reduced  mobility  be  accompanied  by  another  person  who  is  capable  of  providing  the  assistance 
required by that person. 

4(2) 

E.4.4.2 

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Article No. 

Standard No. 

Standard 

(Part/Leg#/Art
#/Std#) 

4(3) 

E.4.4.3 

4(4) 

E.4.4.4 

5(1)-5(2) 

E.4.5.1 

Obligation  on  carriers  or  their  agents  to  provide  passengers  with  disability  information  regarding  safety 
rules that they apply to the carriage of disabled persons and persons with reduced mobility, as well as any 
restrictions on their carriage or on that of mobility equipment due to the size of aircraft. 

A tour operator shall make such safety rules and restrictions available for flights included in package travel, 
package holidays and package tours which it organises, sells or offers for sale. 

When an air carrier or its agent or a tour operator exercises derogation under standards E.4.4.1 or E.4.4.2, it 
shall immediately inform the disabled person or person with reduced mobility of the reasons therefore. On 
request, an air carrier, its agent or a tour operator shall communicate these reasons in writing to the disabled 
person or person with reduced mobility within a fixed period of time from the request, as short as possible, 
to  be determined  in  the  relevant  legislation  of  the  Contracting  Party,  taking  into  account  the  interests  of 
persons with reduced mobility. 

The managing body of an airport shall, taking account of local conditions, designate points of arrival and 
departure  within  the  airport  boundary  or  at  a  point  under  the  direct  control  of  the  managing  body,  both 
inside and outside terminal buildings, at which disabled persons or persons with reduced mobility can, with 
ease, announce their arrival at the airport and request assistance. The points of arrival and departure shall be 
clearly signed and shall offer basic information about the airport, in accessible formats. 

6(1) 

E.4.6.1 

Air  carriers,  their  agents  and  tour  operators  shall  take  all  measures  necessary  for  the  receipt,  at  all  their 
points  of  sale  in  the  territory  of  the  Contracting  Parties  to  which  the  Treaty  applies,  including  sale  by 
telephone  and  via  the  Internet,  of  notifications  of  the  need  for  assistance  made  by  disabled  persons  or 
persons with reduced mobility. 

6(2)-6(3) 

E.4.6.2 

When an air carrier or its agent or a tour operator receives a prior notification of the need for assistance, it 
shall  transmit  the  information  concerned  before  the  published  departure  time  for  the  flight:  (a)  to  the 

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Article No. 

Standard No. 

Standard 

(Part/Leg#/Art
#/Std#) 

6(4) + Annex I 

7(1) 

E.4.7.1 

managing  bodies  of  the  airports  of  departure,  arrival  and  transit,  and  (b)  to  the  operating  air  carrier,  if  a 
reservation was not made with that carrier, unless the identity of the operating air carrier is not known at the 
time  of  notification,  in  which  case  the  information  shall  be  transmitted  as  soon  as  practicable.  The  exact 
definitions and specifications of "prior notification" shall be determined in the Contracting Parties relevant 
rules and procedures. 

As soon as possible after the departure of the flight, an operating air carrier shall inform the managing body 
of  the  airport  of  destination,  if  situated  in  the  territory  of  a  Contracting  Party,  of  the  number  of  disabled 
persons  and  persons  with  reduced  mobility  on  that  flight  requiring  assistance  specified  in  Annex  I  of 
Regulation 1107/2006 and of the nature of that assistance. 

When a disabled person or person with reduced mobility arrives at an airport for travel by air, the managing 
body of the airport shall be responsible for ensuring the provision of the assistance specified in Annex I of 
Regulation 1107/2006 in such a way that the person is able to take the flight for which he or she holds a 
reservation, provided that the notification of the person's particular needs for such assistance has been made 
to the  air carrier or its  agent  or  the tour operator concerned with prior notice. This notification shall also 
cover  a  return  flight,  if  the  outward  flight  and  the  return  flight  have  been  contracted  with  the  same  air 
carrier.  The  exact  definitions  and  specifications  of  "prior  notice",  shall  be  determined  in  the  Contracting 
Parties relevant rules and procedures. 

7(2) 

E.4.7.2 

Where use of a recognised assistance dog is required, this shall be accommodated provided that notification 
is  made  to  the  air  carrier  or  its  agent  or  the  tour  operator  in  accordance  with  applicable  national  rules 
covering the carriage of assistance dogs on board aircraft, where such rules exist. 

7(3) 

E.4.7.3 

If  no  notification  is  made  in  accordance  with  relevant  national  rules,  the  managing  body  shall  make  all 
reasonable efforts to provide assistance in such a way that the person concerned is able to take the flight for 
which he or she holds a reservation. 

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Article No. 

Standard No. 

Standard 

(Part/Leg#/Art
#/Std#) 

7(4) 

E.4.7.4 

7(5) 

E.4.7.5 

7(6)-7(7) 

E.4.7.6 

The provisions of Standard E.4.7.1 shall apply on condition that: (a) the person presents himself or herself 
in  time  for  check-in  (b)  the  person  arrives  in  time  at  a  point  within  the  airport  boundary  designated 
according to standard E.4.5.1. The exact definitions and specifications of "in time", shall be determined in 
the Contracting Parties relevant rules and procedures. 

When a disabled person or person with reduced mobility transits through an airport of a Contracting Party, 
or is transferred by an air carrier or a tour operator from the flight for which he or she holds a reservation to 
another flight, the managing body shall be responsible for ensuring the provision of the assistance specified 
in Annex I of Regulation 1107/2006 in such a way that the person is able to take the flight for which he or 
she holds a reservation. 

On  the  arrival  by  air  of  a  disabled  person  or  person  with  reduced  mobility  at  an  airport  of  a  Contracting 
Party,  the  managing  body  of  the  airport  shall  be  responsible  for  ensuring  the  provision  of  the  assistance 
specified in Annex I of Regulation 1107/2006 in such a way that the person is able to reach his or her point 
of  departure  from  the  airport  as  referred  to  in  standard  E.4.5.1.  The  assistance  provided  shall,  as  far  as 
possible, be appropriate to the particular needs of the individual passenger. 

8 

E.4.8.1 

The managing body of an airport shall be responsible for ensuring the provision of the assistance specified 
in Annex I of Regulation 1107/2006 without additional charge to disabled persons and persons with reduced 
mobility. 

The managing body may provide such assistance itself. Alternatively, in keeping with its responsibility, and 
subject always to compliance with the quality standards referred to in Standard E.4.9.1, the managing body 
may  contract  with  one  or  more  other  parties  for  the  supply  of  the  assistance.  In  cooperation  with  airport 
users,  through  the  Airport  Users  Committee  where  one  exists,  the  managing  body  may  enter  into  such  a 
contract  or  contracts  on  its  own  initiative  or  on  request,  including  from  an  air  carrier,  and  taking  into 
account  the  existing  services  at  the  airport  concerned.  In  the  event  that  it  refuses  such  a  request,  the 

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Article No. 

Standard No. 

Standard 

(Part/Leg#/Art
#/Std#) 

9 

E.4.9.1 

10 + Annex II 

E.4.10.1 

managing body shall provide written justification. 

With the exception of airports whose annual traffic is less than 150 000 commercial passenger movements, 
the  managing  body  shall  set  quality  standards  for  the  assistance  specified  in  Annex  I  of  Regulation 
1107/2006  and  determine  resource  requirements  for  meeting  them,  in  cooperation  with  airport  users, 
through the Airport Users Committee where one exists, and organisations representing disabled passengers 
and passengers with reduced mobility. 

In the setting of such standards, full account shall be taken of internationally recognised policies and codes 
of  conduct  concerning  facilitation  of  the  transport  of  disabled  persons  or  persons  with  reduced  mobility, 
notably the ECAC Code of Good Conduct in Ground Handling for Persons with Reduced Mobility. 

The managing body of an airport shall publish its quality standards. 

An air carrier and the managing body of an airport may agree that, for the passengers whom that air carrier 
transports to and from the airport, the managing body shall provide assistance of a higher standard than the 
standards  referred  to  above  or  provide  services  additional  to  those  specified  in  Annex  I  of  Regulation 
1107/2006. 

An air carrier shall provide the assistance specified in Annex II of Regulation 1107/2006 without additional 
charge to a disabled person or person with reduced mobility departing from, arriving at or transiting through 
an airport to which Regulation 1107/2006 applies provided that the person in question fulfils the conditions 
set out in standard E.4.7.1, E.4.7.2 and E.4.7.4. 

11 

E.4.11.1 

Air carriers and airport managing bodies shall: (a) ensure that all their personnel, including those employed 
by  any  sub-contractor,  providing  direct  assistance  to  disabled  persons  and  persons  with  reduced  mobility 
have knowledge of how to meet the needs of persons having various disabilities or mobility impairments; 

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Article No. 

Standard No. 

Standard 

(Part/Leg#/Art
#/Std#) 

12 

13 

14 

E.4.12.1 

E.4.13.1 

E.4.14.1 

15 

E.4.15.1 

(b) provide disability-equality and disability-awareness training to all their personnel working at the airport 
who  deal  directly  with  the  travelling  public;  (c)  ensure  that,  upon  recruitment,  all  new  employees  attend 
disability related training and that personnel receive refresher training courses when appropriate. 

Where  wheelchairs  or  other  mobility  equipment  or  assistive  devices  are  lost  or  damaged  whilst  being 
handled at the airport or transported on board aircraft, the passenger to whom the equipment belongs shall 
be compensated, in accordance with rules of international and national law. 

Obligations towards disabled persons and persons with reduced mobility pursuant to Regulation1107/2006 
shall not be limited or waived. 

Each  Contracting  Party  shall  designate  a  body  or  bodies  responsible  for  the  enforcement  of  Regulation 
1107/2006  as  regards  flights  departing  from  or  arriving  at  airports  situated  in  its  territory.  Where 
appropriate,  this  body  or  bodies  shall  take  the  measures  necessary  to  ensure  that  the  rights  of  disabled 
persons and persons with reduced mobility are respected, including compliance with the quality standards 
referred  to  in  Standard  E.4.9.1.  The  Contracting  Parties  shall  inform  each  other  of  the  body  or  bodies 
designated. 

A  disabled  person  or  person  with  reduced  mobility  who  considers  that  Regulation  1107/2006  has  been 
infringed may bring the matter to the attention of the managing body of the airport or to the attention of the 
air  carrier  concerned,  as  the  case  may  be.  If  the  disabled  person  or  person  with  reduced  mobility  cannot 
obtain satisfaction in such way, complaints may be made to any body or bodies designated under standard 
E.4.14.1, about an alleged infringement of this Regulation. 

The Contracting Parties shall take measures to inform disabled persons and persons with reduced mobility 
of  their  rights  under  Regulation  1107/2006  and  of  the  possibility  of  complaint  to  the  designated  body  or 
bodies. 

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Article No. 

Standard No. 

Standard 

(Part/Leg#/Art
#/Std#) 

16 

E.4.16.1 

The  Contracting  Parties  shall  lay  down  rules  on  penalties  applicable  to  infringements  of  Regulation 
1107/2006  and  shall  take  all  the  measures  necessary  to  ensure  that  those  rules  are  implemented.  The 
penalties  provided  for  must  be  effective,  proportionate  and  dissuasive.  A  Contracting  Party  shall,  upon 
request  from  the  other  Contracting  Party,  notify  the  provisions  concerning  the  penalties  to  that  other 
Contracting Party. 

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PART F: 

F.1: Council Directive 2000/79/EEC 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) 

Clause No. (of 
the Annex) 

Standard No. 

(Part/Leg#/Art
#/Std#) 

1 

2 

F.1.1.1 

F.1.2.1 

Standard 

The standards and requirements specified in this Annex apply to the working time of mobile staff in civil 
aviation. 

The  Definitions  in  Clause  2  of  Council  Directive  2000/79/EEC  shall  apply  to  the  standards  and 
requirements  relating  to  the  working  time  of  mobile  workers  in  civil  aviation  specified  in  this  Annex  as 
applicable and appropriate. 

3(1) 

F.1.3.1 

Flight crew members in civil aviation are entitled to paid annual leave of at least four weeks, in accordance 
with the conditions for entitlement to, and granting of, such leave laid down by national legislation and/or 
practice.  

Cabin  crew  members  in  civil  aviation  are  entitled  to paid  annual  leave  in  accordance  with  the applicable 
legislation of the Contracting Party. 

4(1a) 

F.1.4.1 

Mobile  staff  in  civil  aviation  are  entitled  to  a  free  health  assessment  before  their  assignment  and 
thereafter at regular intervals.  

4(1b) 

F.1.4.2 

Mobile staff in civil aviation suffering from health problems recognized as being connected with the fact 
that  they  also  work  at  night  will  be  transferred  whenever  possible  to  mobile  or  non-mobile  day  work  to 
which they are suited. 

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Clause No. (of 
the Annex) 

Standard No. 

(Part/Leg#/Art
#/Std#) 

Standard 

4(2) 

4(3) 

5(1) 

5(2) 

6 

7 

F.1.4.3 

The free health assessment shall comply with medical confidentiality. 

F.1.4.4 

The free health assessment may be conducted within the national health system. 

F.1.5.1 

Mobile staff in civil aviation will have safety and health protection appropriate to the nature of their work. 

F.1.5.2 

F.1.6.1 

F.1.7.1 

Adequate protection and prevention services or facilities with regard to the safety and health of mobile staff 
in civil aviation will be available at all times 

Necessary measures will be taken to ensure that an employer, who intends to organize work according to a 
certain pattern, takes account of the general principle of adapting work to the worker. 

Information concerning specific working patterns of mobile staff in civil aviation should be provided to the 
competent authorities, if they so request. 

8(1) 

F.1.8.1 

Working time should be looked at without prejudice to any future legislation in the Contracting Parties on 
flight and duty time limitations and rest requirements and in conjunction with national legislation on this 
subject which should be taken into consideration in all related matters. 

8(2) 

F.1.8.2 

The maximum block flying time shall be limited to 900 hours. To this purpose - ‘Block flying time’ means 
the time a mobile staff member is in position at the cockpit (for flight crew members) or at the cabin (for 
cabin  crew  members),  from  the  moment  an  aircraft  first  started  moving  from  its  parking  place  for  the 
purpose  of  taking  off  until  the  moment  it  comes  to  rest  on  the  designated  parking  position  and  until  all 
engines are stopped. A deviation of 15% for flight crew members and 20% for cabin crew members in the 
quantitative figure mentioned in this Standard shall be considered as an equivalent standard. 

8(3) 

F.1.8.3 

The maximum annual working time shall be spread as evenly as practicable throughout the year. 

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Clause No. (of 
the Annex) 

Standard No. 

(Part/Leg#/Art
#/Std#) 

Standard 

9 

F.1.9.1 

Mobile staff in civil aviation shall be given days free of all duty and standby, which are notified in advance, 
as follows: 

(a) at least 7 days in each calendar month, which may include any rest periods required by law; and 

(b) at least 96 days in each calendar year, which may include any rest periods required by law. 

A  deviation  of  20%  in  the  quantitative  figures  mentioned  in  this  Standard  shall  be  considered  as  an 
equivalent standard. 

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