CELEX: 52012PC0020
Language: en
Date: 2012-01-27
Title: Proposal for a COUNCIL DECISION on the conclusion of the Common Aviation Area Agreement between the European Union and its Member States, of the one part, and the Republic of Moldova, of the other part

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		52012PC0020
		
			Proposal for a COUNCIL DECISION on the conclusion of the Common Aviation Area Agreement between the European Union and its Member States, of the one part, and the Republic of Moldova, of the other part /* COM/2012/020 final - 2012/0006 (NLE) */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM
 1.           Context of the proposal 
   || ·      Grounds for and objectives of the proposal ·      Common Aviation Area Agreement between the Republic of Moldova and the European Union and its Member States The Common Aviation Area Agreement between the European Union and its Member States, of the one part, and the Republic of Moldova, of the other part has been negotiated by the Commission as authorised by the Council in June 2011. Air services between the EU and the Republic of Moldova presently operate on the basis of bilateral agreements between individual Member States and the Republic of Moldova. It is part of the EU's external aviation policy to negotiate comprehensive air services agreements with neighbouring countries where the added value and economic benefits of such agreements have been demonstrated. The Agreement aims at: - gradual market opening in terms of access to routes and capacity on a reciprocal basis; - promoting regulatory cooperation and harmonisation of regulations and approaches based on EU legislation in the field of aviation; - promoting air services based on competition among air carriers with minimum government interference and regulation; - non-discrimination and level playing field for economic operators.     
   || ·      General context The negotiating directives set out the general objective of negotiating a comprehensive air transport agreement with the aim of gradually and reciprocally opening market access and ensuring regulatory convergence and effective implementation of EU standards. In accordance with the negotiating directives, a draft Agreement with the Republic of Moldova was initialled by the two sides on 26 October 2011. 
   || ·      Existing provisions in the area of the proposal The provisions of the Agreement shall prevail over the relevant provisions of the existing bilateral air services agreements between Member States and the Republic of Moldova. However, existing traffic rights which originate from these bilateral agreements and which are not covered under this Agreement can continue to be exercised, provided that there is no discrimination between the Member States and their nationals. 
   || ·      Consistency with the other policies and objectives of the Union The conclusion of a comprehensive air transport agreement with the Republic of Moldova is an important element in the development of the EU external aviation policy and in particular a wider European Common Avition Area, as described in the Commission Communication COM(2005) 79 final "Developing the agenda for the Community's external aviation policy". 
 2.           Consultation of interested parties and impact assessment In line with Art. 218 (4) TFEU the Commission has conducted the negotiations in consultation with a special committee. In addition, it consulted interested parties throughout the process. 
   || ·      Consultation of interested parties 
   || Consultation methods, main sectors targeted and general profile of respondents The Commission has consulted with stakeholders, in particular via the Consultative Forum comprising representatives of air carriers, airports, and labour organisations. 
   || Summary of responses and how they have been taken into account All comments from stakeholders were duly taken into consideration in the preparation of the Union's negotiating position. 
   || ·      Collection and use of expertise 
   || There was no need for external expertise. 
   || ·      Impact assessment The Agreement ensures the gradual opening of the air transport market between the EU and the Republic of Moldova. A report prepared for the Commission in 2011 by consultants, estimated that the economic benefit of such an agreement is estimated at around € 17 Mio p.a. (mainly due to lower air fares, increased air travel and the associated economic activity). The analysis also showed that air fares on popular routes are likely to drop significantly as a result of increased competition. The Agreement would also help improve "doing business" issues for EU carriers. The report has been made available to Member States and stakeholders via the CIRCA database. The Agreement establishes a Joint Committee which will be responsible for reviewing the implementation of the Agreement and its effects. 
 3.           Legal elements of the proposal 
   || ·      Summary of the proposed action The Agreement consists of the main body including the main principles, and two annexes: Annex I on route schedule, traffic rights and operational flexibility, and Annex II on bilateral air services agreements. 
   || ·      Legal basis Article 100 (2), in conjunction with Article 218 (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 Republic of Moldova in fields essential for the safe, secure, and efficient operation of air services. These arrangements can only be achieved at Union level because they involve a number of areas of exclusive Union competence. 
   || Union action will better achieve the objectives of the proposal for the following reason(s). 
   || The Agreement allows for the simultaneous extension of its terms to the 27 Member States, applying the same rules without discrimination and benefiting all Union air carriers regardless of their nationality. These carriers will be able to operate freely from any point in the European Union to any point in the Republic of Moldova which is currently not the case. 
   || Removal of all market access restrictions between the EU and the Republic of Moldova will not only attract new entrants to the market and create opportunities to operate to underserved airports, but will also facilitate consolidation between EU air carriers. 
   || The Agreement secures for all EU air carriers access to commercial opportunities, such as the possibility to freely establish prices. One further objective of the mandate is to create a level playing field between all EU and Moldovan air carriers, and this requires strong regulatory co-operation which can only be delivered at Union level. Finally, a key objective of the mandate was to create a framework for addressing and resolving "doing business" obstacles faced by EU carriers in the Republic of Moldova. The Union will have more leverage in seeking to resolve these problems than is possible at national level. 
   || The proposal therefore complies with the subsidiarity principle. 
   || ·      Proportionality principle The proposal complies with the proportionality principle for the following reason(s). 
   || A Joint Committee will be established to discuss matters related to the implementation of the Agreement. The Joint Committee will monitor safety aspects related to the aAgreement, foster expert-level exchanges on new legislative or regulatory initiatives or developments and consider potential areas for further development of the Agreement. The Joint Committee will be composed of representatives of the Commission and the Member States. 
   || Furthermore, Member States will continue to carry out the traditional administrative tasks they execute in the context of international air transport, but under common rules applied uniformly. 
 ·        || ·      Choice of instruments 
   || Proposed instruments: international agreement 
   || Other means would not be adequate for the following reason(s). External aviation relations can only be given effect through international agreements. 
 4.           Budgetary implication 
   || The proposal has no implication for the Union budget. 
2012/0006 (NLE)
Proposal for a
COUNCIL DECISION
on the conclusion of the Common Aviation
Area Agreement between the European Union and its Member States, of the one
part, and the Republic of Moldova, of the other part
THE COUNCIL OF THE EUROPEAN UNION
Having regard to the Treaty on the
Functioning of the European Union and in particular 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)       the Commission has
negotiated on behalf of the Union and of the Member States a Common Aviation
Area Agreement with the Republic of Moldova (hereinafter, the “Agreement”)
(2)       In accordance with Council
Decision 2011/xxx of (…) the Agreement was signed on (…);
(3)       It is necessary to lay
down appropriate arrangements for the coordination between and representation of
the Union and the Member States in the Joint Committee set up under Article 22
of the Agreement.
(4)       The Agreement should be
approved on behalf of the European Union,
HAS ADOPTED THIS DECISION: 
Article 1 
Conclusion
1.           The Common Aviation Area
Agreement between the European Union and its Member States, on the one part,
and the Republic of Moldova, 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 29 of the
Agreement in order to express the consent of the European Union to be bound by
the Agreement.

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
                                                                       […]
ANNEX 
COMMON AVIATION AREA AGREEMENT
BETWEEN
THE EUROPEAN UNION AND ITS MEMBER STATES
AND THE
REPUBLIC OF MOLDOVA
THE KINGDOM OF BELGIUM,
THE REPUBLIC OF BULGARIA,
THE CZECH REPUBLIC,
THE KINGDOM OF DENMARK,
THE FEDERAL REPUBLIC OF GERMANY,
THE REPUBLIC OF ESTONIA,
IRELAND,
THE HELLENIC REPUBLIC,
THE KINGDOM OF SPAIN,
THE FRENCH REPUBLIC,
THE ITALIAN REPUBLIC,
THE REPUBLIC OF CYPRUS,
THE REPUBLIC OF LATVIA,
THE REPUBLIC OF LITHUANIA,
THE GRAND DUCHY OF LUXEMBOURG,
THE REPUBLIC OF HUNGARY,
MALTA,
THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA,
THE REPUBLIC OF POLAND,
THE PORTUGUESE REPUBLIC,
ROMANIA,
THE REPUBLIC OF SLOVENIA,
THE SLOVAK REPUBLIC,
THE REPUBLIC OF FINLAND,
THE KINGDOM OF SWEDEN,
THE UNITED KINGDOM OF GREAT BRITAIN AND
NORTHERN IRELAND,
Parties to the Treaty on European Union and
the Treaty on the Functioning of the European Union (hereinafter
referred together as "the EU Treaties"), and being Member States of the European Union (hereinafter referred to as the "Member States"),
and
THE EUROPEAN UNION,
                                                                            of
the one part, and
THE REPUBLIC OF MOLDOVA,
                                                                            of
the other part,
NOTING the Agreement on Partnership and
Cooperation between the European Communities and their Member States,
of the one part, and the Republic of Moldova, of the other part, done at
Brussels on 28 November 1994;
DESIRING to create a Common Aviation Area
(CAA) based on the goal of opening access to markets of the Parties, with equal
conditions of competition, and respect of the same rules – including
in the areas of safety, security, air traffic management, social aspects and
the environment;
Desiring
to facilitate the expansion of air transport opportunities, including through
the development of air transport networks to meet the needs of passengers and
shippers for convenient air transport services;
RECOGNISING the importance of air transport
in promoting trade, tourism and investment;
Noting the Convention on International Civil
Aviation, opened for signature at Chicago on 7 December 1944;
AGREEING that it is appropriate to base the
CAA rules on the relevant legislation in force within the European Union, as
laid down in Annex III to this Agreement;
RECOGNISING that full compliance with the
CAA rules entitle the Parties to reap its full advantages including opening
access to markets and maximising benefits for the consumers, and the industries
and labour of both Parties;
RECOGNISING that the creation of the CAA
and implementation of its rules cannot be achieved without transitional
arrangements where necessary;
RECOGNISING the importance of adequate
assistance in this regard;
Desiring to make it possible for air carriers to offer the travelling and
shipping public competitive prices and services in open markets;
Desiring
to have all sectors of the air transport industry, including air carrier
workers, benefit from a liberalised agreement;
Desiring
to ensure the highest degree of safety and security in international air
transport and reaffirming their grave concern with regard to acts or threats
against the security of aircraft, which jeopardise the safety of persons or
property, adversely affect the operation of aircraft and undermine the
confidence of the travelling public in the safety of civil aviation;
Desiring
to ensure a level playing field for air carriers, allowing fair and equal opportunity for their air carriers to provide the
agreed services;
RecogniSing
that subsidies may adversely affect air carrier competition and may jeopardise
the basic objectives of this Agreement;
Affirming
the importance of protecting the environment in developing and implementing
international aviation policy and recognising the rights of sovereign States to
take appropriate measures to this effect;
Noting the importance of protecting consumers, including the protections
afforded by the Convention for the Unification of Certain Rules for
International Carriage by Air, done at Montreal 28 May 1999;
Intending to build upon the framework of existing air transport agreements
with the goal of opening access to markets and maximising benefits for the
consumers, air carriers, labour, and communities of both Parties;
Have
agreed as follows:
ARTICLE
1
Definitions
For the
purposes of this Agreement, unless otherwise stated, the term:
(1)                   
"Agreed services" and "Specified
routes" mean international air transport pursuant to Article 2 (Grant
of Rights) of, and Annex I to, this Agreement;
(2)                   
"Agreement" means this Agreement, its
Annexes, and any amendments thereto;
(3)                   
"Air transport" means the carriage by
aircraft of passengers, baggage, cargo, and mail, separately or in combination,
held out to the public for remuneration or hire, which, for the avoidance of
doubt, shall include scheduled and non-scheduled (charter) services, and full
cargo services;
(4)                   
"Competent authorities" means the
government agencies or entities responsible for the administrative functions
under this Agreement;
(5)                   
"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;
(6)                   
"Citizenship" means whether an air carrier satisfies
requirements regarding such issues as its ownership, effective control, and
principal place of business.
(7)                   
"Convention" means the Convention on
International Civil Aviation, opened for signature at Chicago on
7 December 1944, and includes:
(a)         
any amendment that has entered into force under
Article 94(a) of the Convention and has been ratified by both the Republic
of Moldova and the Member State or Member States of the European Union, and
(b)         
any Annex or any amendment thereto adopted under
Article 90 of the Convention, insofar as such Annex or amendment is at any
given time effective for both the Republic of Moldova and the Member State
or Member States of the European Union as is relevant to the issue in question;
(8)                   
"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;
(9)                   
"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;
(10)               
"International air transport" means
air transport which passes through the air space over the territory of more
than one State;
(11)               
"ECAA Agreement" means the
multilateral Agreement between the European Community and its Member States, the
Republic of Albania, Bosnia and Herzegovina, the Republic of Croatia, the
former Yugoslav Republic of Macedonia, the Republic of Iceland, the Republic of
Montenegro, the Kingdom of Norway, the Republic of Serbia and the United
Nations Interim Administration Mission in Kosovo[1] on the establishment of a European Common Aviation Area.
(12)               
"European Neighbourhood Policy
partners" mean Algeria, Armenia, Azerbaijan, Belarus, Egypt, Georgia, Israel, Jordan, Lebanon, Libya, the
Republic of Moldova, Morocco, Occupied Palestinian Territory,
Syria, Tunisia and Ukraine.
(13)               
"National" means any person having
Moldovan nationality for the Moldovan Party, or the nationality of a Member
State for the European Party, or entity, insofar as, in the case of a legal
entity, it is at all times under the effective control, be it directly or by
majority participation, of persons having Moldovan nationality for the Moldovan
Party, or persons or entities having the nationality of a Member State or one
of the third countries identified in Annex IV for the European Party;
(14)               
"Operating Licences" means, (i) in the
case of the European Union and its Member States operating licences and any
other relevant documents or certificates given under the relevant EU legislation
in force and, (ii) in the case of licences of the Republic of Moldova,
certificates or permits given under the relevant legislation in force in the
Republic of Moldova;
(15)               
"Parties" shall mean, on the one hand,
the European Union or its Member States, or the European Union and its Member
States, in accordance with their respective powers (the European Party), and,
on the other hand, the Republic of Moldova (the Moldovan Party);
(16)               
"Price" means:
(i) "air fares" to be paid
to air carriers or their agents or other ticket sellers for the carriage of
passengers and baggage on air services and any conditions under which those
prices apply, including remuneration and conditions offered to agency and other
auxiliary services; and
(ii) "air rates" to be
paid for the carriage of mail and cargo and the conditions under which those
prices apply, including remuneration and conditions offered to agency and other
auxiliary services.
This definition covers, where applicable, the
surface transport in connection with international air transport, and the
conditions to which their application is subject.
(17)               
"Principal place of business" means
the head office or registered office of an air carrier in the Party within
which the principal financial functions and operational control, including
continued airworthiness management, of the air carrier are exercised;
(18)               
"Public service obligation" means any
obligation imposed upon air carriers to ensure on a specified route the minimum
provision of scheduled air services satisfying fixed standards of continuity,
regularity, pricing and minimum capacity which air carriers would not assume if
they were solely considering their commercial interest. Air carriers may be
compensated by the Party concerned for fulfilling public service obligations;
(19)               
"Subsidy" means any financial
contribution granted by the authorities or a regional organisation or another
public organisation, i.e. when:
(a)         
 a practice of a government or regional body or
other public organisation involves a direct transfer of funds such as grants,
loans or equity infusion, potential direct transfer of funds to the company,
the assumption of liabilities of the company such as loan guarantees, capital
injections, ownership, protection against bankruptcy or insurance;
(b)         
 revenue of a government or regional body or
other public organisation that is otherwise due is foregone, not collected, or
unduly diminished;
(c)         
 a government or regional body or other public
organisation provides goods or services other than general infrastructure, or
purchases goods or services; or
(d)         
 a government or regional body or other public
organisation makes payments to a funding mechanism or entrusts or directs a
private body to carry out one or more of the type of functions illustrated
under (a), (b) and (c) which would normally be vested in the
government and, in practice, in no real sense differs from practices normally
followed by governments;
and where a benefit is thereby conferred.
(20)               
"SESAR" means the technological
element of the Single European Sky which aims by 2020 to give the EU a
high-performance air traffic control infrastructure to enable the safe and
environmentally friendly development of air transport;
(21)               
"Territory" means, for the Republic of
Moldova, the land areas and territorial waters adjacent thereto under its sovereignty,
suzerainty, protection or mandate, and, for the European Union, the land areas
(mainland and islands), internal waters and territorial sea in which the Treaty
on the European Union and the Treaty on the Functioning of the European
Union is applied and under the conditions laid down in those Treaties and any
successor instrument. The application of this Agreement to the airport of Gibraltar
is understood to be without prejudice to the respective legal positions of the
Kingdom of Spain and the United Kingdom with regard to the dispute over
sovereignty over the territory in which the airport is situated and to the
continuing suspension of Gibraltar Airport from EU aviation measures
existing as at 18 September 2006 as between Member States in
accordance with the Ministerial Statement on Gibraltar Airport agreed in
Cordoba on 18 September 2006; 
(22)               
"User charge" means a charge imposed
on air carriers for the provision of airport, airport environmental, air
navigation, or aviation security facilities or services including related
services and facilities;
Title I
Economic
Provisions
Article 2
Grant
of Rights
1.                      
Each Party shall grant to the other Party in
accordance with in Annex I and Annex II, the following rights for the conduct
of international air transport by the air carriers of the other Party:
(a)         
the right to fly across its territory without
landing;
(b)         
the right to make stops in its territory for any
purpose other than taking on or discharging passengers, baggage, cargo and/or
mail in air transport (non-traffic purposes);
(c)         
while operating an agreed service on a specified
route, the right to make stops in its territory for the purpose of taking up
and discharging international traffic in passengers, cargo and/or mail,
separately or in combination; and
(d)         
the rights otherwise specified in this
Agreement.
2.                      
          Nothing in this Agreement shall be
deemed to confer on the air carriers of:
(a)         
The Republic of Moldova the right to take on
board, in the territory of any Member State, passengers, baggage, cargo, and/or
mail carried for compensation and destined for another point in the territory
of that Member State;
(b)         
the European Union the right to take on board,
in the territory of the Republic of Moldova, passengers, baggage, cargo, and/or
mail carried for compensation and destined for another point in the territory
of the Republic of Moldova
ARTICLE
3
Authorisation
1.                      
On receipt of applications for operating
authorisation from an air carrier of one Party the competent authorities of the
other Party shall grant appropriate authorisations with minimum procedural
delay, provided that:
(a)         
for an air carrier of the Republic of Moldova:
–              
the air carrier has its
principal place of business in the Republic of Moldova and holds a valid
operating licence in accordance with the applicable law of the Republic of
Moldova; and
–              
effective regulatory control of the air carrier
is exercised and maintained by the Republic of Moldova; and
–              
unless otherwise determined under Article 6
(Investment) of this Agreement, the air carrier is owned, directly or through
majority ownership, and effectively controlled by the Republic of Moldova
and/or its nationals.
(b)         
for an air carrier of the European Union:
–              
the air carrier has its principal place of
business in the territory of a Member State under the EU Treaties, and holds a
valid operating licence; and
–              
effective regulatory control of the air carrier
is exercised and maintained by the Member State responsible for issuing
its Air Operators Certificate and the relevant Competent Authority is clearly
identified; and
–              
unless otherwise determined under Article 6
(Investment) of this Agreement, the air carrier is owned, directly or through
majority ownership, by Member States and/or by nationals of the
Member States, or by other States listed in Annex IV, and/or of the nationals
of these other States;
(c)         
the air carrier meets the conditions prescribed
under the laws and regulations normally applied by the competent authority; and
(d)         
the provisions set forth in Article 14
(Aviation Safety) and Article 15 (Aviation Security) of this Agreement are
being maintained and administered.
ARTICLE
4
Reciprocal
Recognition of Regulatory Determinations
with regard to Airline Fitness, ownership and control
Upon receipt of an application for
authorisation from an air carrier of one Party, the competent authorities of the other Party shall
recognise any fitness and/or citizenship determination made by the competent
authorities of the first Party with respect to that air carrier as if such
determination had been made by its own competent authorities, and not inquire
further into such matters, except as provided for at Sections a) and b) below:
(a)                   
If, after receipt of an application for authorisation
from an air carrier, or after the grant of such authorisation, the competent
authorities of the receiving Party have a specific reason for concern that,
despite the determination made by the competent authorities of the other Party
including where issues of dual citizenship were involved, the conditions
prescribed in Article 3 (Authorisation) of this Agreement for the grant of
appropriate authorisations or permissions have not been met, then they are to
promptly advise those authorities, giving substantive reasons for their
concern. In that event, either Party may seek consultations, which may include
representatives of the relevant competent authorities, and/or additional
information relevant to this concern, and such requests are to be met as soon
as practicable. If the matter remains unresolved, either Party may bring the
matter to the Joint Committee set up under Article 22 (Joint Committee) of
this Agreement.
(b)                   
This Article does not cover recognition of
determinations in relation to:
–              
Safety certificates or licences; 
–              
Security
arrangements; or
–              
Insurance coverage.
Article 5
Refusal, Revocation, Suspension,
Limitation of Authorisation
1.                      
The competent authorities of either Party may
refuse, revoke, suspend or limit the operating authorisations or otherwise
suspend or limit the operations of an air carrier of another Party where:
(a)                   
for an air carrier of the Republic of Moldova:
–              
the air carrier does not
have its principal place of business in the Republic of Moldova or does not
have a valid operating licence in accordance with the applicable law of the
Republic of Moldova; or
–              
effective regulatory
control of the air carrier is not exercised or maintained by the Republic of
Moldova; or
–              
unless otherwise
determined under Article 6 (Investment) of this Agreement, the air carrier is
not owned or effectively controlled, directly or through majority ownership, by
the Republic of Moldova and/or nationals of the Republic of Moldova.
(b)                   
for an air carrier of the European Union:
–              
the air carrier does not have its principal
place of business in the territory of a Member State under the EU Treaties, or
does not have a valid operating licence; or
–              
effective regulatory control of the air carrier
is not exercised and maintained by the Member State responsible for
issuing its Air Operators Certificate or the competent authority is not clearly
identified; or
–              
unless otherwise determined under Article 6
(Investment) of this Agreement, the air carrier is not owned and effectively
controlled, directly or through majority ownership, by Member States
and/or nationals of Member States, or by the other States listed in
Annex IV, and/or nationals of these other States;
(c)                   
the air carrier has failed to comply with the
laws and regulations referred to in Article 7 (Compliance with Laws and
Regulations) of this Agreement; or
(d)                   
the provisions set forth in Article 14 (Aviation
Safety) and Article 15 (Aviation Security) of this Agreement are not being
maintained or administered; or
(e)                   
a Party has made the determination in accordance
with Article 8 (Competitive Environment) of this Agreement that the conditions
for a competitive environment are not being fulfilled.
2.                      
Unless immediate action is essential to prevent
further non-compliance with points (c) or (d) of paragraph 1 of
this Article, the rights established by this Article shall be exercised only
after consultation with the competent authorities of the other Party.
3.                      
Neither Party shall use its rights established
by the present Article to refuse, revoke, suspend or limit authorisations or
permissions of any air carriers of a Party on the grounds that majority
ownership and/or effective control of that air carrier is vested in one or more
Parties to the ECAA Agreement or their nationals, provided that such Party or
Parties to the ECAA Agreement offer reciprocal treatment and provided that such
Party or Parties apply the terms and conditions of the ECAA Agreement.
Article 6
Investment
1.                      
Notwithstanding Articles 3 (Authorisation) and 5
(Refusal, Revocation, Suspension, Limitation of Authorisation) of this
Agreement, the majority ownership or the effective control of an air carrier of
the Republic of Moldova by Member States and/or their nationals shall be
permitted.
2.                      
Notwithstanding Articles 3 (Authorisation) and 5
(Refusal, Revocation, Suspension, Limitation of Authorisation) of this
Agreement, the majority ownership or the effective control of an air carrier of
the European Union by the Republic of Moldova and/or its nationals, shall be
permitted by virtue of a prior decision of the Joint Committee established by
this Agreement in accordance with Article 22 (2) (Joint Committee) of this
Agreement. This decision shall specify the conditions associated with the
operation of the agreed services under this Agreement and with the services
between third countries and the Parties. The provisions of Article 22 (8)
(Joint Committee) of this Agreement shall not apply to this type of decision.
Article 7
Compliance
with laws and regulations
1.                      
While entering, within, or leaving the territory
of one Party, the laws and regulations applicable within that territory
relating to the admission to or departure from its territory of aircraft
engaged in air transport, or to the operation and navigation of aircraft shall
be complied with by the other Party's air carriers.
2.                      
While entering, within, or leaving the territory
of one Party, the laws and regulations applicable within that territory
relating to the admission to or departure from its territory of passengers,
crew or cargo on aircraft (including regulations relating to entry, clearance,
immigration, passports, customs and quarantine or, in the case of mail,
postal regulations) shall be complied with by, or on behalf of, such
passengers, crew or cargo of the other Party's air carriers.
ARTICLE
8
Competitive
environment
1.                      
The Parties acknowledge that it is their joint
objective to have a fair and competitive environment for the operation of air
services. The Parties recognise that fair competitive practices by air carriers
are most likely to occur where these air carriers operate on a fully commercial
basis and are not subsidised.
2.                      
Within the scope of this Agreement, and without
prejudice to any special provisions contained therein, any discrimination on
grounds of nationality shall be prohibited.
3.                      
State aid which distorts or threatens to distort
competition by favouring certain undertakings or certain aviation products or
services is incompatible with the proper functioning of this Agreement, insofar
as it may affect trade between the Parties in the aviation sector.
4.                      
Any practices contrary to this Article shall be
assessed on the basis of criteria arising from the application of the
competition rules applicable in the European Union, in particular from
Article 107 of the Treaty on the Functioning of the European Union and
interpretative instruments adopted by the European Union institutions.
5.                      
If one Party finds that conditions exist in the
territory of the other Party, in particular due to a subsidy, which would
adversely affect the fair and equal opportunity of its air carriers to compete,
it may submit observations to the other Party. Furthermore, it may request a
meeting of the Joint Committee, as provided for in Article 22 (Joint
Committee) of this Agreement. From the receipt of such a request consultations
shall start within 30 days. Failure to reach a satisfactory agreement
within 30 days from the start of consultations shall constitute grounds
for the Party that requested the consultations to take action to refuse,
withhold, revoke, suspend or impose appropriate conditions on the
authorisations of the air carrier(s) concerned, consistent with Article 5
(Refusal, Revocation, Suspension or Limitation of Authorisation) of this
Agreement. 
6.                      
The actions, referred to in paragraph 5 of this
Article, shall be appropriate, proportionate and restricted with regard to
scope and duration to what is strictly necessary. They shall be exclusively
directed towards the air carrier or air carriers benefiting from a subsidy or
the conditions referred to in this Article, and shall be without prejudice to
the right of either Party to take action under Article 24 (Safeguard
measures) of this Agreement.
7.                      
Each Party, upon notification to the other Party,
may approach responsible government entities in the territory of the other
Party including entities at the state, provincial or local level to discuss
matters relating to this Article. 
8.                      
The provisions of this Article shall apply
without prejudice to the Parties' laws and regulations regarding public service
obligations in the territories of the Parties.
Article 9
Commercial
opportunities
Doing
business
1.                      
The Parties agree that obstacles to doing
business of commercial operators would hamper the benefits to be achieved by
this Agreement. The Parties therefore agree to engage in an effective and
reciprocal process of removal of obstacles to doing business of commercial
operators of both Parties where such obstacles may hamper commercial
operations, create distortions to competition or hamper the development of a
level playing field.
2.                      
The Joint Committee set up in accordance with
Article 22 shall develop a process of cooperation in relation to doing business
and commercial opportunities; shall monitor progress in effectively addressing
obstacles to doing business of commercial operators and shall regularly review
developments, including, if necessary, towards legislative and regulatory
changes. In accordance with Article 22 a Party may request a meeting of the
Joint Committee to discuss any question related to the application of the
present article.
Air Carrier Representatives
3.                      
The air carriers of each Party shall have the
right to establish offices in the territory of the other Party for the
promotion and sale of air transport and related activities, including the right
to sell and to issue any ticket and/or airwaybill, both its own tickets and/or
airwaybills of any other carrier.
4.                      
The air carriers of each Party shall be
entitled, in accordance with the laws and regulations of the other Party
relating to entry, residence, and employment, to bring in and maintain in the
territory of the other Party managerial, sales, technical, operational, and
other specialist staff who are required to support the provision of air
transport. These staff requirements may, at the option of the air carriers, be
satisfied by its own personnel or by using the services of any other
organisation, company or air carrier operating in the territory of the other
Party, authorised to perform such services in the territory of that Party. Both
Parties shall facilitate and expedite the granting of employment
authorisations, where required, for personnel employed in the offices according
to this paragraph, including those performing certain temporary duties not
exceeding ninety (90) days, subject to the relevant laws and regulations in
force.
Ground Handling
5.                      
(a) Without prejudice to point (b) below, each
air carrier shall have in relation to groundhandling in the territory of the
other Party:
(i)         the right to perform its own
groundhandling ("self-handling") or, at its option
(ii)        the right to select among
competing suppliers that provide groundhandling services in whole or in part
where such suppliers are allowed market access on the basis of the laws and
regulations of each Party, and where such suppliers are present in the market.
(b) For the following categories of
groundhandling services, i.e. baggage handling, ramp handling, fuel and oil
handling, freight and mail handling as regards the physical handling of freight
and mail between the air terminal and the aircraft, the rights under point (a)
(i) and (ii) may be subject to constraints according to the laws and
regulations applicable in the territory of the other Party. Where such
constraints preclude self-handling and where there is no effective competition
between suppliers that provide groundhandling services, all such services shall
be available on both an equal and non discriminatory basis to all air carriers.
Ground Handling for Third Parties
6.                      
Each groundhandling company, whether an air
carrier or not, shall have in relation to groundhandling in the territory
of the other Party the right to provide groundhandling services for airlines
operating at the same airport, where authorised and consistent with applicable
laws and regulations.
Sales, Local Expenses, and Transfer of
Funds
7.                      
Any air carrier of each Party may engage in the
sale of air transportation and related services in the territory of the other
Party directly and/or, at the air carrier's discretion, through its sales agents,
other intermediaries appointed by the air carrier, through another air carrier
or through the internet. Each air carrier shall have the right to sell such
transportation, and any person shall be free to purchase such transportation,
in the currency of that territory or in freely convertible currencies in
accordance with the local currency legislation.
8.                      
Each air carrier shall have the right to convert
into freely convertible currencies and remit from the territory of the other
Party to its home territory and, except where inconsistent with generally
applicable law or regulation, to the country or countries of its choice, on
demand, local revenues. Conversion and remittance shall be permitted promptly
without restrictions or taxation in respect thereof at the rate of exchange
applicable to current transactions and remittance on the date the carrier makes
the initial application for remittance.
9.                      
The air carriers of each Party shall be
permitted to pay for local expenses, including purchases of fuel, in the
territory of the other Party in local currency. At their discretion, the air
carriers of each Party may pay for such expenses in the territory of the other
Party in freely convertible currencies in accordance with local currency
legislation.
Cooperative Arrangements
10.                  
In operating or holding out services under this
Agreement, any air carrier of a Party may enter into cooperative marketing
arrangements, such as blocked-space agreements or
code-sharing arrangements, with:
(a)        any air carrier or carriers of
the Parties; and
(b)        any air carrier or carriers of a
third country; and
(c)        any surface (land or maritime)
transport provider;
provided that 
(i) the operating carrier holds the
appropriate traffic rights and (ii) the marketing carriers hold the appropriate
underlying route authority and (iii) the arrangements meet the requirements
relating to safety and competition normally applied to such arrangements. In
respect of passenger transport sold involving code-shares, the purchaser shall
be informed at the point of sale, or in any case before boarding, which
transport providers will operate each sector of the service.
11.                  
(a) In relation to the transport of passengers,
surface transport providers shall not be subject to laws and regulations
governing air transport on the sole basis that such surface transport is held
out by an air carrier under its own name. Surface transport providers have the
discretion to decide whether to enter into cooperative arrangements. In
deciding on any particular arrangement, surface transport providers may
consider, among other things, consumer interests and technical, economic,
space, and capacity constraints.
(b) Moreover, and notwithstanding any other
provision of this Agreement, air carriers and indirect providers of cargo
transport of the Parties shall be permitted, without restriction, to employ in
connection with air transport any surface transport for cargo to or from any
points in the territories of the Republic of Moldova and the European Union, or
in third countries, including transport to and from all airports with customs
facilities, and including, where applicable, the right to transport cargo in
bond under applicable laws and regulations. Such cargo, whether moving by
surface or by air, shall have access to airport customs processing and
facilities. Air carriers may elect to perform their own surface transport or to
provide it through arrangements with other surface carriers, including surface
transport operated by other air carriers and indirect providers of cargo air
transport. Such intermodal cargo services may be offered at a single, through
price for the air and surface transport combined, provided that shippers are
not misled as to the facts concerning such transport.
Leasing
12.                  
The air carriers of each Party shall be entitled
to provide the agreed services using aircraft and crew leased from any air
carrier, including from third countries, provided that all participants in such
arrangements meet the conditions prescribed under the laws and regulations
normally applied by the Parties to such arrangements.
(a)                   
Neither Party shall require the air carriers
leasing out their equipment to hold traffic rights under this agreement.
(b)                   
The leasing with crew (wet-leasing) by an air
carrier of the Republic of Moldova of an aircraft of an air carrier of a third
country, or, by an air carrier of the European Union, of an aircraft of an air
carrier of a third country other than those mentioned in Annex IV to this
Agreement, in order to exploit the rights envisaged in this Agreement, shall
remain exceptional or meet temporary needs. It shall be submitted for prior
approval of the licensing authority of the leasing air carrier and to the
competent authority of the other Party.
Franchising/Branding
13.                  
The air carriers of each Party shall be entitled
to enter into franchising or branding arrangements with companies, including
air carriers, of either Party or third countries, provided that the air
carriers hold the appropriate authority and meet the conditions prescribed under
the laws and regulations applied by the Parties to such arrangements,
particularly those requiring the disclosure of the identity of the air carrier
operating the service.
Article 10
Customs
duties and taxation
1.                      
On arriving in the territory of one Party, aircraft
operated in international air transport by the air carriers of the other Party,
their regular equipment, fuel, lubricants, consumable technical supplies,
ground equipment, spare parts (including engines), aircraft stores (including
but not limited to such items as food, beverages and liquor, tobacco and other
products destined for sale to or use by passengers in limited quantities during
flight), and other items intended for or used solely in connection with the
operation or servicing of aircraft engaged in international air transport shall
be exempt, on the basis of reciprocity, under its relevant applicable
legislation, from all import restrictions, property taxes and capital levies,
customs duties, excise duties, and similar fees and charges that are (a)
imposed by the national or local authorities or the European Union, and (b) not
based on the cost of services provided, provided that such equipment and
supplies remain on board the aircraft.
2.                      
There shall also be exempt, on the basis of
reciprocity, under its relevant applicable legislation, from the taxes, levies,
duties, fees and charges referred to in paragraph 1 of this Article, with
the exception of charges based on the cost of the service provided:
(a)                   
aircraft stores introduced into or supplied in
the territory of a Party and taken on board, within reasonable limits, for use
on outbound aircraft of an air carrier of the other Party engaged in
international air transport, even when these stores are to be used on a part of
the journey performed over the said territory;
(b)                   
ground equipment and spare parts (including
engines) introduced into the territory of a Party for the servicing,
maintenance, or repair of aircraft of an air carrier of the other Party used in
international air transport;
(c)                   
fuel, lubricants and consumable technical
supplies introduced into or supplied in the territory of a Party for use in or
on an aircraft of an air carrier of the other Party engaged in international
air transport, even when these supplies are to be used on a part of the journey
performed over the said territory;
(d)                   
printed matter, as provided for by the customs
legislation of each Party, introduced into or supplied in the territory of one
Party and taken on board for use on outbound aircraft of an air carrier of the
other Party engaged in international air transport, even when these stores are
to be used on a part of the journey performed over the said territory; and
(e)                   
safety and security equipment for use at
airports or cargo terminals.
3.                      
Notwithstanding any other provision to the
contrary, nothing in this Agreement shall prevent a Party from imposing taxes,
levies, duties, fees or charges on fuel supplied in its territory on a non‑discriminatory
basis for use in an aircraft of an air carrier that operates between two points
in its territory.
4.                      
Equipment and supplies referred to in paragraphs
1 and 2 of this Article may be required to be kept under the supervision or
control of the appropriate authorities and not to be transferred without
payment of relevant customs duties and taxes.
5.                      
The exemptions provided by this Article shall
also be available where the air carriers of one Party have contracted with
another air carrier, which similarly enjoys such exemptions from the other
Party, for the loan or transfer in the territory of the other Party of the
items specified in paragraphs 1 and 2 of this Article.
6.                      
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.
7.                      
Baggage and cargo in direct transit across the
territory of a Party shall be exempt from taxes, customs duties, fees and other
similar charges that are not
based on the cost of the service provided.
8.                      
The regular airborne equipment, as well as the
materials and supplies normally retained on board the aircraft of an air
carrier of either Party, may be unloaded in the territory of the other Party
only with the approval of the customs authorities of that territory. In such
case, they may be placed under the supervision of the said authorities up to
such time as they are re-exported or otherwise disposed of in accordance with
customs regulations.
9.                      
The stipulations of this Agreement shall not
affect the field of VAT, with the exception of turnover tax on imports. The provisions of this Agreement shall not
affect the provisions of any convention between a Member State and the Republic
of Moldova for the avoidance of double taxation on income and on capital that
may be in force at the relevant time.
Article 11
User
Charges for Airports and Aviation Facilities and Services
1.                      
Each Party shall ensure that user charges that
may be imposed by its competent charging authorities or bodies on the air
carriers of the other Party for the use of air navigation and air traffic
control, airport, aviation security and related facilities and services shall
be just, reasonable, not unjustly discriminatory, and equitably apportioned
among categories of users. Without prejudice to Article 16(1) (Air traffic
management), these charges may reflect, but shall not exceed, the full cost to
the competent charging authorities or bodies of providing the appropriate
airport and aviation security facilities and services at that airport or within
that airport's system. These charges may include a reasonable return on assets,
after depreciation. Facilities and services for which user charges are made
shall be provided on an efficient and economic basis. In any event, these
charges shall be assessed on the air carriers of the other Party on terms not
less favourable than the most favourable terms available to any other air
carrier at the time the charges are assessed.
2.                      
Each Party shall require consultations between
the competent charging authorities or bodies in its territory and the air
carriers and/or their representative bodies using the services and facilities,
and shall ensure that the competent charging authorities or bodies and the air
carriers or their representative bodies exchange such information as may be
necessary to permit an accurate review of the reasonableness of the charges in
accordance with the principles of paragraphs 1 and 2 of this Article. Each
Party shall ensure that the competent charging authorities or bodies provide
users with reasonable notice of any proposal for changes in user charges to
enable those authorities to consider the views expressed by the users before
changes are made.
3.                      
Neither Party shall be held, in dispute
resolution procedures pursuant to Article 23 (Dispute Resolution and
Arbitration) of this Agreement, to be in breach of a provision of this Article,
unless 
(a)                   
it fails to undertake a review of the charge or
practice that is the subject of complaint by the other Party within a
reasonable amount of time; or
(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 12
Pricing
1.                      
The Parties shall permit prices to be freely established
by the air carriers on the basis of free and fair competition.
2.                      
The Parties shall not require prices to be filed
or notified.
3.                      
Discussions between competent authorities may be
held on matters such as, but not limited to prices which may be unjust,
unreasonable, discriminatory or subsidised.
Article 13
Statistics
1.                      
Each Party shall provide to the other Party
statistics that are required by domestic laws and regulations, and, upon
request, other available statistical information as may be reasonably required
for the purpose of reviewing the operation of the air services.
2.                      
The Parties shall cooperate in the framework of
the Joint Committee under Article 22 (Joint Committee) of this Agreement
to facilitate the exchange of statistical information between them for the
purpose of monitoring the development of air services under this Agreement.
Title II
Regulatory
Cooperation
Article 14
Aviation
safety
1.                      
Subject to the transitional provisions set out
in Annex II to this Agreement, the Parties shall act in conformity with the
provisions of the aviation safety legislation specified in Part C of
Annex III to this Agreement, under the conditions set out hereafter.
2.                      
The Parties shall cooperate to ensure the
implementation by the Republic of Moldova of the legislation referred to in
paragraph 1 of this Article. To this purpose, the Republic of Moldova
shall be involved in the work of the European Aviation Safety Agency as an
observer from the date of entry into force of this Agreement.
(a)                   
The gradual transition of the Republic of
Moldova to the full application of the legislation referred to in Part C of
Annex III to this Agreement shall be subject to assessments. The assessments
shall be carried out by the European Union in cooperation with the Republic of
Moldova. When the Republic of Moldova is satisfied that the legislation
referred to in Part C of Annex III to this Agreement is fully applied, it shall
inform the European Union that an assessment should be carried out.
(b)                   
When the Republic of Moldova has fully
implemented the legislation referred to in Part C of Annex III to this
Agreement, the Joint Committee established under Article 22 of this Agreement
shall determine the precise status and conditions for the participation over
and above the observer status referred to above of the Republic of Moldova in
the European Aviation Safety Agency. 
3.                      
The Parties shall ensure that aircraft
registered in one Party suspected of non-compliance with international aviation
safety standards established pursuant to the Convention landing at airports
open to international air traffic in the territory of the other Party shall be
subject to ramp inspections by the competent authorities of that other Party,
on board and around the aircraft to check both the validity of the aircraft
documents and those of its crew and the apparent condition of the aircraft and
its equipment.
4.                      
The competent authorities of a Party may request
consultations at any time concerning the safety standards maintained by the
other Party.
5.                      
The competent authorities of a Party shall take
all appropriate and immediate measures whenever they ascertain that an
aircraft, a product or an operation may:
(a)                   
fail to satisfy the minimum standards
established pursuant to the Convention or the legislation specified in
Part C of Annex III to this Agreement, whichever is applicable,
(b)                   
give rise to serious concerns – established
through an inspection referred to in paragraph 3 of this Article –
that an aircraft or the operation of an aircraft does not comply with the
minimum standards established pursuant to the Convention or the legislation
specified in Part C of Annex III to this Agreement, whichever is
applicable, or
(c)                   
give rise to serious concerns that there is a
lack of effective maintenance and administration of minimum standards
established pursuant to the Convention or the legislation specified in
Part C of Annex III to this Agreement, whichever is applicable.
6.                      
Where the competent authorities of one Party
take action under paragraph 5, they shall promptly inform the competent
authorities of the other Party of taking such action, providing reasons for
their action.
7.                      
Where measures taken in application of paragraph
5 of this Article are not discontinued even though the basis for taking them
has ceased to exist, either Party may refer the matter to the
Joint Committee.
Article 15
Aviation
Security
1.                      
Subject to the transitional provisions set out
in Annex II to this Agreement, the Parties shall act in conformity with the
provisions of the European Union's aviation security legislation specified in
Part D of Annex III to this Agreement, under the conditions set out
hereafter.
2.                      
The Republic of Moldova may be subjected to
a European Commission inspection in accordance with the relevant European Union
security legislation as referred to in Annex III to this Agreement. The Parties
shall establish the necessary mechanism for the exchange of information on the
results of such security inspections.
3.                      
The assurance of safety for civil aircraft,
their passengers and crew being a fundamental pre‑condition for the operation
of international air services, the Parties reaffirm their obligations to each
other to provide for the security of civil aviation against acts of unlawful
interference, and in particular their obligations under the Convention, the
Convention on Offences and Certain Other Acts Committed on Board Aircraft,
signed at Tokyo on 14 September 1963, the Convention for the Suppression of
Unlawful Seizure of Aircraft, signed at The Hague on
16 December 1970, the Convention for the Suppression of Unlawful Acts
against the Safety of Civil Aviation, signed at Montreal on 23 September 1971,
the Protocol for the Suppression of Unlawful Acts of Violence at Airports
Serving International Civil Aviation, signed at Montreal on
24 February 1988 and the Convention on the marking of plastic
explosives for purpose of detection signed at Montreal
on 1 March 1991, insofar as both Parties are parties to these
conventions, as well as all other conventions and protocols relating to civil
aviation security of which both Parties are parties.
4.                      
The Parties shall provide upon request all
necessary assistance to each other to prevent acts of unlawful seizure of civil
aircraft and other unlawful acts against the safety of such aircraft, their
passengers and crew, airports and air navigation facilities, and any other
threat to the security of civil aviation.
5.                      
The Parties shall, in their mutual relations,
act in conformity with the aviation security Standards and, so far as they are
applied by them, the Recommended Practices established by the International
Civil Aviation Organisation (ICAO) and designated as Annexes to the Convention,
to the extent that such security provisions are applicable to the Parties. Both
Parties shall require that operators of aircraft of their registry, operators
who have their principal place of business or permanent residence in their
territory, and the operators of airports in their territory, act in conformity
with such aviation security provisions.
6.                      
Each Party shall ensure that effective measures
are taken within its territory to protect civil aviation against acts of unlawful interference, including, but
not limited to, screening of passengers and their cabin baggage, screening of
hold baggage and security controls for cargo and mail prior to boarding or loading of aircraft and
security controls for in-flight supplies and airport supplies and access
control to airside and security restricted areas. Those measures shall be
adjusted to meet increases in the threat. Each Party agrees
that their air carriers may be required to observe the aviation security
provisions referred to in paragraph 5 of this Article required by the
other Party, for entrance into, departure from, or while within, the territory
of that other Party.
7.                      
Each Party shall also give positive consideration
to any request from the other Party for reasonable special security measures to
meet a particular threat. Except where not reasonably possible in case of
emergency, each Party will inform the other Party in advance of any special
security measures it intends to introduce which could have a significant
financial or operational impact on the air transport services provided under
this Agreement. Either Party may request a meeting of
the Joint Committee to discuss such security measures, as provided for in Article
22 (Joint Committee) of this Agreement.
8.                      
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 Parties shall assist each other by facilitating communications and
other appropriate measures intended to terminate rapidly and safely such
incident or threat.
9.                      
Each Party shall take all measures it finds
practicable to ensure that an aircraft subjected to an act of unlawful seizure
or other acts of unlawful interference which is on the ground in its territory
is detained on the ground unless its departure is necessitated by the
overriding duty to protect human life. Wherever practicable, such measures
shall be taken on the basis of mutual consultations.
10.                  
When a Party has reasonable grounds to believe
that the other Party has departed from the aviation security provisions of this
Article, that Party shall request immediate consultations with the other Party.
11.                  
Without prejudice to Article 5 (Refusal,
Revocation, Suspension, Limitation of Authorisations) of this Agreement,
failure to reach a satisfactory agreement within fifteen (15) days from the
date of such request shall constitute grounds to withhold, revoke, limit or
impose conditions on the operating authorisation of one or more air carriers of
such other Party.
12.                  
When required by an immediate and extraordinary
threat, a Party may take interim action prior to the expiry of fifteen (15)
days.
13.                  
Any action taken in accordance with the
paragraph 11 of this Article shall be discontinued upon compliance by the other
Party with the full provisions of this Article.
Article 16
Air
traffic management
1.                      
Subject to the transitional provisions set out
in Annex II to this Agreement, the Parties shall act in conformity with the
provisions of the legislation specified in Part B of Annex III to
this Agreement, under the conditions set out hereafter.
2.                      
The Parties shall cooperate in the field of air
traffic management with a view to extending the Single European Sky to the
Republic of Moldova in order to enhance current safety standards and overall
efficiency of general air traffic operations in Europe, to optimise air traffic
control capacities, to minimise delays and to increase environmental
efficiency. To this purpose, the Republic of Moldova shall be involved as
observer in the Single Sky Committee from the date of entry into force of the
Agreement. The Joint Committee shall be responsible for monitoring and
facilitating cooperation in the field of air traffic management.
3.                      
With a view to facilitating the application of
the Single European Sky legislation in their territories:
(a)                   
The Republic of Moldova shall take the necessary
measures to adjust its air traffic management institutional structures to the
Single European Sky, in particular by ensuring that pertinent national
supervisory bodies are at least functionally independent of air navigation
service providers; and
(b)                   
The European Union shall associate the Republic
of Moldova with relevant operational initiatives in the fields of air
navigation services, airspace and interoperability that stem from the Single
European Sky, in particular through the early involvement of the Republic of
Moldova's efforts to establish functional airspace blocks, or through
appropriate coordination on SESAR.
Article 17
Environment
1.                      
The Parties recognise the importance of
protecting the environment when developing and implementing aviation policy.
The Parties acknowledge that effective global, regional, national
and / or local action is needed to minimise civil aviation's impact
on the environment.
2.                      
Subject to the transitional provisions set out
in Annex II to this Agreement, the Parties shall act in conformity with the
legislation relating to air transport specified in Part E of
Annex III to this Agreement.
3.                      
The Parties recognise the importance of working
together, and within the framework of multilateral discussions, to consider the
effects of aviation on the environment, and to ensure that any mitigating
measures are fully consistent with the objectives of this Agreement.
4.                      
Nothing in this Agreement shall be construed to
limit the authority of the competent authorities of a Party to take all
appropriate measures to prevent or otherwise address the environmental impacts
of air transport provided that such measures are fully consistent with their
rights and obligations under international law and are applied without
distinction as to nationality.
Article 18
Consumer
protection
Subject to the transitional provisions set
out in Annex II to this Agreement, the Parties shall act in accordance with the
legislation relating to air transport specified in Part G of
Annex III to this Agreement.
Article 19
Computer
reservation systems
Subject to the transitional provisions set
out in Annex II to this Agreement, the Parties shall act in accordance with the
legislation relating to air transport specified in Part H of
Annex III to this Agreement.
Article 20
Social
aspects
Subject to the transitional provisions set
out in Annex II to this Agreement, the Parties shall act in accordance with the
legislation relating to air transport specified in Part F of
Annex III to this Agreement.
Title III
Institutional
Provisions
Article 21
Interpretation and enforcement
1.                      
The Parties shall take all appropriate measures,
whether general or specific, to ensure fulfilment of the obligations arising
out of this Agreement and shall refrain from any measures which would
jeopardise attainment of the objectives of this Agreement.
2.                      
Each Party shall be responsible, in its own
territory, for the proper enforcement of this Agreement and, in particular, the
regulations and directives related to air transport listed in Annex III to
this Agreement.
3.                      
Each Party shall give the other Party all
necessary information and assistance in the case of investigations on possible
infringements of provisions of this Agreement which that other Party carries
out under its respective competences as provided in this Agreement.
4.                      
Whenever the Parties act under the powers
granted to them by this Agreement on matters which are of substantial interest
to the other Party and which concern the authorities or undertakings of the
other Party, the competent authorities of the other Party shall be fully
informed and given the opportunity to comment before a final decision is taken.
5.                      
Insofar as the provisions of this Agreement and
the provisions of the acts specified in Annex III to this Agreement are
identical in substance to corresponding rules of the EU Treaties and to acts
adopted pursuant to the EU Treaties, those
provisions shall, in their implementation and application, be interpreted in
conformity with the relevant rulings and decisions of the Court of Justice and
the European Commission.

Article 22
The
Joint Committee
1.                      
A Joint Committee composed of representatives of
the 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 where expressly provided by this
Agreement.
2.                      
The decisions of the Joint Committee shall be
adopted by consensus and shall be binding upon the Parties. They shall be put
into effect by the Parties in accordance with their own rules.
3.                      
The Joint Committee shall adopt, by a decision,
its rules of procedure. 
4.                      
The Joint Committee shall meet as and when
necessary. Either Party may request the convening of a meeting.
5.                      
A Party may also request a meeting of the Joint
Committee to seek to resolve any question relating to the interpretation or
application of this Agreement. Such a meeting shall begin at the earliest
possible date, but not later than two months from the date of receipt of the
request, unless otherwise agreed by the Parties.
6.                      
For the purpose of the proper implementation of
this Agreement, the Parties shall exchange information and, at the request of
either Party, shall hold consultations within the Joint Committee.
7.                      
If, in the view of one of the Parties, a
decision of the Joint Committee is not properly implemented by the other Party,
the former may request that the issue be discussed by the Joint Committee.
If the Joint Committee cannot solve the issue within two months of its
referral, the requesting Party may take appropriate safeguard measures under
Article 24 (Safeguard measures) of this Agreement.
8.                      
Without prejudice to paragraph 2, if the Joint
Committee does not take a decision on an issue which has been referred to it
within six months of the date of referral, the Parties may take appropriate
temporary safeguard measures under Article 24 (Safeguard Measures) of
this Agreement.
9.                      
In accordance with Article 6 (Investment) of
this Agreement, the Joint Committee shall examine questions relating to
bilateral investments of majority ownership, or changes in the effective
control of air carriers of the Parties.
10.                  
In accordance with Article 14 (Aviation safety)
of this Agreement, the Joint Committee shall monitor the process of removal
from the register of aircraft registered at the date of signature in the
Republic of Moldova which do not comply with international aviation safety
standards established pursuant to the Convention. The Joint Committee shall
also monitor the process of phasing-out during the transition phase described
in Annex II to this Agreement of aircraft registered at the date of signature
of this Agreement in the Republic of Moldova and used by operators under the
regulatory control of the Republic of Moldova, which do not have a type
certificate issued in accordance with the relevant EU legislation specified in
Part C of Annex III to this Agreement with a view to agreeing a progressive
reduction in the numbers of aircraft referred to in paragraph 7 of Annex II to
this Agreement.
11.                  
The Joint Committee shall also develop
cooperation by:
(a)                   
reviewing market conditions affecting air
services under this Agreement; 
(b)                   
addressing and as far as possible effectively
resolve "doing business" issues that may, inter alia, hamper market
access and smooth operation of services under this Agreement as a means to
ensure a level playing field, regulatory convergence and minimising the
regulatory burden of commercial operators;
(c)                   
fostering expert-level exchanges on new
legislative or regulatory initiatives and developments, including in the fields
of security, safety, the environment, aviation infrastructure (including
slots), competitive environment and consumer protection;
(d)                   
regularly examining the social effects of this
Agreement as it is implemented, notably in the area of employment and developing
appropriate responses to concerns found to be legitimate; 
(e)                   
considering potential areas for the further
development of this Agreement, including the recommendation of amendments to
this Agreement;
(f)                     
agreeing, on the basis of consensus, on
proposals, approaches or documents of a procedural nature directly related to
the functioning of this Agreement;
(g)                   
considering and developing technical assistance
in the areas covered by this Agreement; and
(h)                   
fostering cooperation in relevant international
fora.
Article 23
Dispute Resolution and Arbitration
1.                      
If any dispute arises between the Parties
relating to the interpretation or application of this Agreement they shall in
the first place endeavour to settle it through formal consultations within the
Joint Committee in accordance with paragraph 5 of Article 22 (Joint Committee)
of this Agreement.
2.                      
Either Party may refer any dispute relating to
the application or interpretation of this Agreement, which it has not been
possible to resolve in accordance with paragraph 1 of this Article, to an
arbitration panel of three arbitrators in accordance with the procedure laid
down hereafter: 
(a)                   
each Party shall appoint an arbitrator within
sixty (60) days from the date of reception of the notification for the request
for arbitration by the arbitration panel addressed by the other Party through
diplomatic channels; the third arbitrator should be appointed by the other two
arbitrators within sixty (60) additional days. If one of the Parties has not
appointed an arbitrator within the agreed period, or if the third arbitrator is
not appointed within the agreed period, each Party may request the President of
the Council of the ICAO to appoint an arbitrator or arbitrators, whichever is
applicable;
(b)                   
the third arbitrator appointed under the terms
of paragraph a) above should be a national of a third State and shall act as a
President of the arbitration panel;
(c)                   
the arbitration panel shall agree its rules of
procedure; and
(d)                   
subject to the final decision of the arbitration
panel, the initial expenses of the arbitration shall be shared equally by the
Parties.
3.                      
At the request of a Party the arbitration panel
may order the other Party to implement interim relief measures pending the
panel's final determination.
4.                      
Any provisional decision or final decision of
the arbitration panel shall be binding upon the Parties.
5.                      
If one of the Parties does not act in conformity
with a decision of the arbitration panel taken under the terms of this Article
within thirty (30) days from the notification of the aforementioned decision,
the other Party may, for as long as this failure endures, limit, suspend or
revoke the rights or privileges which it had granted under the terms of this
Agreement from the Party at fault.
Article 24
Safeguard
measures
1.                      
The Parties shall take any general or specific
measures required to fulfil their obligations under this Agreement. They shall
ensure that the objectives set out in this Agreement are attained.
2.                      
If either Party considers that the other Party
has failed to fulfil an obligation under this Agreement, it may take
appropriate safeguard measures. Safeguard measures shall be restricted with
regard to their scope and duration to what is strictly necessary in order to
remedy the situation or maintain the balance of this Agreement. Priority shall
be given to such measures as will least disturb the functioning of this
Agreement.
3.                      
A Party which is considering taking safeguard
measures shall without delay notify the other Party through the Joint Committee
and shall provide all relevant information.
4.                      
The Parties shall immediately enter into
consultations in the Joint Committee with a view to finding a commonly
acceptable solution.
5.                      
Without prejudice to Articles 3(d)
(Authorisation), Article 5(d) (Refusal, Revocation, Suspension, Limitation of
Authorisation) and Articles 14 (Aviation Safety) and 15 (Aviation Security) of
this Agreement, the Party concerned may not take safeguard measures until one
month has elapsed after the date of notification under paragraph 3 of this
Article, unless the consultation procedure under paragraph 4 of this Article
has been concluded before the expiry of the stated time limit.
6.                      
The Party concerned shall, without delay, notify
the measures taken to the Joint Committee and shall provide all relevant
information.
7.                      
Any action taken under the terms of this Article
shall be suspended, as soon as the Party at fault satisfies the provisions of
this Agreement.
Article 25
Relationship to other Agreements
1.                      
The provisions of this Agreement shall prevail
over the relevant provisions of existing bilateral air services agreements
between the Republic of Moldova and the Member States. However, existing
traffic rights which originate from these bilateral agreements and which are
not covered under this Agreement can continue to be exercised, provided that
there is no discrimination between the Member States and their nationals.
2.                      
The Parties shall consult in the Joint
Committee, upon request of either side, to recommend whether the Republic of
Moldova should join the ECAA Agreement.
3.                      
If the Parties become parties to a multilateral
agreement, or endorse a decision adopted by ICAO or another international
organisation, that addresses matters covered by this Agreement, they shall
consult in the Joint Committee to determine whether this Agreement should be revised
to take into account such developments.
Article 26
Amendments
1.                      
If one of the Parties
wishes to amend the provisions of this Agreement, it shall notify the
Joint Committee accordingly of its decision.
2.                      
The Joint Committee may, upon the proposal of
one Party and in accordance with this Article, decide by consensus to modify
the Annexes to this Agreement.
3.                      
The amendment to this Agreement shall enter into
force after completion of the respective internal procedures of each Party.
4.                      
This Agreement shall be without prejudice to the
right of each Party, subject to compliance with the principle of
non-discrimination and the provisions of this Agreement to unilaterally adopt
new legislation or amend its existing legislation in the field of air transport
or an associated area mentioned in Annex III to this Agreement.
5.                      
When new legislation or an amendment to its
existing legislation in the field of air transport or an associated area
mentioned in Annex III to this Agreement is being considered by one of the
Parties, it shall inform the other Party as appropriate and possible. At the
request of either Party, an exchange of views may take place in the Joint
Committee.
6.                      
Each Party shall regularly and as soon as
appropriate inform the other Party of newly adopted legislation or amendment to
its existing legislation in the field of air transport or an associated area
mentioned in Annex III to this Agreement. Upon the request of any Party, the
Joint Committee shall within sixty (60) days thereafter hold an exchange of
views on the implications of such new legislation or amendment for the proper
functioning of this Agreement.
7.                      
Following the exchange of views referred to in
paragraph 6 of this Article, the Joint Committee shall:
(a)                   
adopt a decision revising Annex III to this
Agreement so as to integrate therein, if necessary on a basis of reciprocity,
the new legislation or amendment in question;
(b)                   
adopt a decision to the effect that the new
legislation or amendment in question shall be regarded as in accordance with
this Agreement; or
(c)                   
recommend any other measures, to be adopted
within a reasonable period of time, to safeguard the proper functioning of this
Agreement.
ARTICLE
27
Termination
Either Party may, at any time, give notice
in writing through diplomatic channels to the other Party of its decision to
terminate this Agreement. Such notice shall be sent simultaneously to ICAO.
This Agreement shall terminate at midnight GMT at the end of the International
Air Transport Association (IATA) traffic season in effect one year following
the date of written notification of termination, unless the notice is withdrawn
by mutual agreement of the Parties before the expiry of this period.
ARTICLE
28
Registration
with the International Civil Aviation Organisation
and the United Nations Secretariat
This Agreement and all amendments thereto
shall be registered with the ICAO and with the United Nations Secretariat,
in accordance with Article 102 of the Charter of the United Nations, following
its entry into force.
Article 29
Provisional
application and entry into force
1.                      
This Agreement shall enter into force one month
after the date of the later note in an exchange of diplomatic notes between the
Parties confirming that all necessary procedures for entry into force of this
Agreement have been completed. For purposes of this exchange, the Republic of
Moldova shall deliver to the General Secretariat of the Council of the European
Union its diplomatic note to the European Union and its Member States,
and the General Secretariat of the Council of the European Union shall
deliver to the Republic of Moldova the diplomatic note from the European Union
and its Member States. The diplomatic note from the European Union and its
Member States shall contain communications from each Member State
confirming that its necessary procedures for entry into force of this Agreement
have been completed.
2.                      
Notwithstanding paragraph 1 of this Article, the
Parties agree to provisionally apply this Agreement, in accordance with their
internal procedures and/or domestic legislation as applicable, from the date of
signature of this Agreement.
IN WITNESS WHEREOF the undersigned, being
duly authorised, have signed this Agreement.
Done at …. on the … day of … in the year …,
in duplicate, in each of the official languages of the Parties, each text being equally authentic.
ANNEX I
AGREED
SERVICES AND SPECIFIED ROUTES
1.                      
Each Party grants to the air carriers of the
other Party the rights to provide air transport services on the routes
specified hereunder:
(a)         
for air carriers of the European Union: Any point
in the European Union – intermediate points in the territories of European
Neighbourhood Policy partners[2], ECAA countries[3], or countries listed in Annex IV – Any point in the Republic of
Moldova ‑ points beyond.
(b)         
for air carriers of the Republic of Moldova: Any
point in the Republic of Moldova – intermediate points in the territories of
European Neighbourhood Policy partners, ECAA countries or countries listed in
Annex IV – Any point in the European Union 
2.                      
The services operated according to paragraph 1
of this Annex shall originate or terminate in the territory of the Republic of
Moldova, for air carriers of the Republic of Moldova, and in the territory of
the European Union for air carriers of the European Union.
3.                      
Air carriers of both Parties may on any or all
flights and at their option:
(a)         
operate flights in either or both directions;
(b)         
combine different flight numbers within one
aircraft operation;
(c)         
serve intermediate and beyond points, as
specified in paragraph 2 of this Annex, and points in the territories of the
Parties in any combination and in any order;
(d)         
omit stops at any point or points;
(e)         
transfer traffic from any of its aircraft to any
of its other aircraft at any point;
(f)           
make stopovers at any points whether within or
outside the territory of either Party;
(g)         
carry transit traffic through the other Party's
territory; and
(h)         
combine traffic on the same aircraft regardless
of where such traffic originates.
4.                      
Each Party shall allow each air carrier to
determine the frequency and capacity of the international air transport it
offers based upon commercial considerations in the marketplace. Consistent with
this right, neither Party shall unilaterally limit the volume of traffic,
frequency or regularity of service, or the aircraft type or types operated by
the air carriers of the other Party, except for customs, technical,
operational, environmental, protection of health reasons or in application of
Article 8 (Competitive environment) of this Agreement. 
5.                      
The air carriers of each Party may serve,
including within the framework of code share arrangements, any point located in
a third country that is not included on the specified routes, provided that
they do not exercise 5th freedom rights.
6.                      
This Annex is subject to the transitional
provisions contained in paragraph 2 of Annex II to this Agreement and the
extension of rights foreseen therein.
_______________
ANNEX
II
TRANSITIONAL
PROVISIONS
1.                      
The implementation and application by the
Republic of Moldova of all the provisions of the legislation of the European
Union relating to air transport indicated in Annex III to this Agreement, with
the exception of the security legislation under Part D of Annex III to this
Agreement, shall be the subject of an evaluation under the responsibility of
the European Union which shall be validated by a decision of the Joint
Committee. Such an evaluation shall be conducted two years after the entry
into force of the Agreement at the latest.
2.                      
Notwithstanding the provisions of Annex I to
this Agreement, the agreed services and specified routes of this Agreement,
shall not include, until the moment of the adoption of the decision referred to
in paragraph 1 of this Annex II to this Agreement, the right for the air
carriers of both parties to exercise 5th freedom rights other
than those already granted by bilateral agreements between the Republic of
Moldova and the Member States of the European Union,
including for the air carriers of the Republic of Moldova between points within
the territory of the European Union.
Upon the adoption of the decision referred to
in paragraph 1 of this Annex II, the air carriers of both parties shall be
entitled to exercise 5th freedom rights, including for the air
carriers of the Republic of Moldova between points within the territory of the
European Union.
3.                      
The implementation of the aviation security
legislation by the Republic of Moldova shall be subject of an evaluation under
the responsibility of the European Union which shall be validated by a decision
of the Joint Committee. Such an evaluation shall be conducted at the latest
three years after the entry into force of this Agreement. In the meantime,
the Republic of Moldova shall implement ECAC Doc 30.
4.                      
At the end of the transitional period, the
confidential part of the security legislation as provided in Part D of Annex III
to this Agreement shall be made available to the appropriate authority of the
Republic of Moldova, subject to an agreement on the exchange of security
sensitive information including EU classified information.
5.                      
The gradual transition of the Republic of Moldova
to the full application of the legislation of the European Union relating
to air transport indicated in Annex III to this Agreement may be subject to
regular assessments. The assessments shall be carried out by the
European Commission in cooperation with the Republic of Moldova.
6.                      
As of the date of decision referred to in
paragraph 1 of this Annex, the Republic of Moldova will apply operating
licensing rules substantially equivalent to those contained in Chapter II
of Regulation (EC) No 1008/2008 of the European Parliament and of the Council
of 24 September 2008 on common rules for the operation of air
services in the Community. The provisions of Article 4 of this Agreement with
regard to the reciprocal recognition of fitness and/or citizenship determinations
made by the competent authorities of the Republic of Moldova shall be applied
by the competent authorities of the European Union upon the confirmation by the
Joint Committee of the full application by the Republic of Moldova of such
operating licensing rules.
7.                      
Without prejudice to a decision within the Joint
Committee or within Article 24 (Safeguard measures), aircraft registered at the
date of signature in the register of the Republic of Moldova and used by
operators under the regulatory control of the Republic of Moldova, which do not
have a type certificate issued in accordance with the relevant EU
legislation in Part C of Annex III to this Agreement, can be managed under
the responsibility of the competent authorities of the Republic of Moldova in accordance
with the applicable national safety requirements of the Republic of Moldova
until no later than:
(a)         
1 January 2017 for certain aero-planes engaged
in cargo-only operations;
(b)         
31 December 2022 for certain helicopters engaged
in operations such as search and rescue, aerial work, training, emergency,
agricultural and humanitarian flights in accordance with the operational
certificates of the respective carriers;
provided that the aircraft comply with international aviation safety standards established pursuant to the
Convention. Such aircraft shall not benefit from any
rights granted under this Agreement and shall not operate
on air routes to, from or within the European Union.
During the above transition phase, the number
of aircraft in the register of
the Republic of Moldova which do not have a type certificate issued in
accordance with the relevant EU legislation shall not exceed 53 until 1 January
2017, shall thereafter not exceed 36 and shall no later than 31 December 2022
have been completely phased-out.
____________________
ANNEX
III
(Subject
to regular update)
RULES
APPLICABLE TO CIVIL AVIATION
The "Applicable provisions" of the following acts shall be
applicable in accordance with this Agreement unless otherwise specified in this
Annex or in Annex II to this Agreement (Transitional Provisions). Where
necessary, specific adaptations for each individual act are set out hereafter: 
A.        Market access and ancillary issues
No 95/93
Council Regulation (EEC) No 95/93 of 18
January 1993 on common rules for the allocation of slots at Community airports
as amended by:
·      Regulation (EC) No 894/2002 of the European Parliament and of the
Council of 27 May 2002 amending Council Regulation (EEC) No 95/93
·      Regulation (EC) No 1554/2003 of the European Parliament and of the
Council of 22 July 2003 amending Council Regulation (EEC) No 95/93
·      Regulation (EC) No 793/2004 of the European Parliament and of the
Council of 21 April 2004 amending Council Regulation (EEC) No 95/93
·      Regulation (EC) No 545/2009 of the European Parliament and of the Council of 18 June 2009
Applicable provisions: Articles 1 to 12, 14
and 14 a (2)
As regards the application of Article
12(2), the term "the Commission" shall read "the
Joint Committee".
No 96/67
Council Directive 96/67/EC of 15 October
1996 on access to the groundhandling market at Community airports
Applicable provisions: Articles 1 to 25 and
Annex
As regards the application of Article 10,
the term "Member States" shall read "Member States of the
European Union".
As regards the application of Article
20(2), the term "the Commission" shall read "the
Joint Committee".
No 785/2004
Regulation (EC) No 785/2004 of the European
Parliament and of the Council of 21 April 2004 on insurance requirements for
air carriers and aircraft operators
Applicable provisions: Articles 1 to 8, and
10(2)
No 2009/12
Directive (EC) No 2009/12 of the European
Parliament and of the Council of 11 March 2009 on airport charges
Applicable provisions: Articles 1 to 12
B.        Air Traffic Management
No 549/2004
Regulation (EC) No 549/2004
of the European Parliament and of the Council of 10 March 2004 laying down
the framework for the creation of the single European sky (the framework
Regulation)
Applicable provisions:
Articles 1 to 4, 6, and 9 to 14
No 550/2004
Regulation (EC) No 550/2004
of the European Parliament and of the Council of 10 March 2004 on the
provision of air navigation services in the single European sky (the service
provision Regulation)
Applicable provisions:
Articles 1 to 19, Annexes I and II
No 551/2004
Regulation (EC) No
551/2004 of the European Parliament and of the Council of
10 March 2004 on the organisation and use of the airspace in the
single European sky (the airspace Regulation)
Applicable provisions:
Articles 1 to 11
No 552/2004
Regulation (EC) No
552/2004 of the European Parliament and of the Council of
10 March 2004 on the interoperability of the European Air Traffic
Management network (the interoperability Regulation)
Applicable provisions:
Articles 1 to 12, Annexes I to V
No 2096/2005
Commission Regulation (EC) No 2096/2005 of
20 December 2005 laying down common requirements for the provision of air
navigation services
as amended by:
·      Commission Regulation (EC) No 1315/2007 of 8 November 2007 on safety
oversight in air traffic management and amending Regulation (EC) 2096/2005
·      Commission Regulation (EC) No 482/2008 of 30 May 2008 establishing a
software safety assurance system to be implemented by air navigation service
providers and amending Annex II to Regulation (EC) No 2096/2005
·      Commission Regulation (EC) No 668/2008 of 15 July 2008 amending
Annexes II to V of Regulation (EC) No 2096/2005 laying down common requirements
for the provision of air navigation services, as regards working methods and
operating procedures
Applicable provisions: Articles 1 to 9,
Annexes I to V
No 2150/2005
Commission Regulation (EC) No 2150/2005 of
23 December 2005 laying down common rules for the flexible use of
airspace
No 730/2006
Commission regulation
(EC) No 730/2006 of 11 May 2006 on airspace classification and access of flights
operated under visual flight rules above flight level 195
No 1794/2006
Commission regulation
(EC) No 1794/2006 of 6 December 2006 laying down a common charging scheme for
air navigation services
No 1033/2006
Commission
regulation (EC) No 1033/2006 of 4 July 2006 laying down the requirements on
procedures for flight plans in the pre-flight phase for the single European sky
No 1032/2006
Commission
regulation (EC) No 1032/2006 of 6 July 2006 laying down requirements for
automatic systems for the exchange of flight data for the purpose of
notification, coordination and transfer of flights between air traffic control
units
No 219/2007
Council Regulation (EC) No 219/2007 of 27
February 2007 on the establishment of a Joint Undertaking to develop the new
generation European air traffic management system (SESAR)
Applicable provisions: Article 1(1)-(2) and
(5)-(7), Articles 2 to 3, Article 4(1), Annex
No 633/2007
Commission Regulation (EC) No 633/2007 of 7
June 2007 laying down requirements for the application of a flight message
transfer protocol used for the purpose of notification, coordination and
transfer of flights between air traffic control units
Applicable provisions: Articles 1 to 7, the
second and third sentences of Article 8, Annexes I to IV
No 1265/2007
Commission Regulation (EC) No 1265/2007 of
26 October 2007 laying down requirements on air-ground voice channel spacing
for the single European sky
Applicable provisions: Articles 1 to 9,
Annexes I to IV
No 1315/2007
Commission Regulation (EC) No 1315/2007 of
8 November 2007 on safety oversight in air traffic management and amending
Regulation (EC) No 2096/2005
Applicable provisions: Articles 1 to 15
No 482/2008
Commission Regulation (EC) No 482/2008 of
30 May 2008 establishing a software safety assurance system to be implemented
by air navigation service providers and amending Annex II to Regulation (EC) No
2096/2005
Applicable provisions: Articles 1 to 5,
Annexes I to II
No 668/2008
Commission
Regulation (EC) N° 668/2008 of 15 July 2008 amending Annexes II to V
of Regulation (EC) No 2096/2005 laying down common requirements for the
provision of air navigation services, as regards working methods and operating
procedures.
Applicable
provisions: Articles 1 to 2
No 1361/2008
Council
Regulation (EC) N° 1361/2008 of 16 December 2008 amending Regulation (EC) N°
219/2007 on the establishment of a joint undertaking to develop the new
generation European air traffic management system (SESAR).
Applicable
provisions: Articles 1 to 5 (with the exception of Article 1.6), Annex (with
the exception of points 11 and 12).
No 29/2009
Commission
Regulation (EC) N° 29/2009 of 16 January 2009 laying down requirements on data
link services for the single European sky.
Applicable
provisions: Articles 1 to 15, Annexes I-VII
No 30/2009
Commission
Regulation (EC) N° 30/2009 of 16 January 2009 amending Regulation (EC) N°
1032/2006 as far as the requirements for automatic systems for the exchange of
flight data supporting data link services are concerned.
Applicable
provisions: Articles 1 to 2, Annex
No 262/2009
Commission
Regulation (EC) N° 262/2009 of 30 March 2009 laying down requirements for the
coordinated allocation and use of Mode S interrogator codes for the single
European sky.
Applicable
provisions: Articles 1 to 13, Annexes I-III
No 1070/2009
Regulation (EC)
N° 1070/2009 of the European Parliament and of the Council of 21 October 2009
amending Regulations (EC) N° 549/2004, (EC) N° 550/2004, (EC) N° 551/2004 and
(EC) N° 552/2004 in order to improve the performance and sustainability of the
European aviation system.
Applicable
provisions: Articles 1 to 5, with the exception of Article 1.4
No 1108/2009
Regulation (EC) N° 1108/2009 of the
European Parliament and of the Council of 21 October 2009 amending Regulation
(EC) N° 216/2008 in the field of aerodromes, air traffic management and air
navigation services and repealing Directive 2006/23/EC.
No 73/2010
Commission Regulation (EU) N° 73/2010 of 26
January 2010 laying down requirements on the quality of aeronautical data and
aeronautical information for the single European sky.
No 255/2010
Commission Regulation (EU) N° 255/2010 of
25 March 2010 laying down common rules on air traffic flow management.
No 691/2010
Commission Regulation (EU) N° 691/2010 of
29 July 2010 laying down a performance scheme for air navigation services and
network functions and amending Regulation (EC) N° 2096/2005 laying down common
requirements for the provision of air navigation services.
No 929/2010
Commission Regulation (EU) N° 929/2010 of
18 October 2010 amending Regulation (EC) N° 1033/2006 as regards the ICAO
provisions referred to in Article 3(1).
No 1191/2010
Commission Regulation (EU) N° 1191/2010 of
16 December 2010 amending Regulation (EC) N° 1794/2006 laying down a common
charging scheme for air navigation services.
Commission Decision of 21 February 2011
setting the European Union-wide performance targets and alert thresholds for
the provision of air navigation services for the years 2012 to 2014
(2011/121/EU)
No 176/2011
Commission Regulation (EU) N° 176/2011 of
24 February 2011 on the information to be provided before the establishment and
modification of a functional airspace block.
No 283/2011
Commission Regulation (EU) No 283/2011
of 22 March 2011 amending Regulation (EC) No 633/2007 as regards the
transitional arrangements referred to in Article 7
Commission Decision of 20.05.2011 on
exemptions under Article 14 of Commission Regulation (EC) N° 29/2009 on data
link services for the single European sky.
No 677/2011
Commission Regulation (EU) N° 677/2011 of 7
July 2011 laying down detailed rules for the implementation of air traffic
management (ATM) network functions and amending Regulation (EU) N° 691/2010.
Commission Decision C(2011) 4130 final of 7
July 2011 on the nomination of the Network Manager for the air traffic
management (ATM) network functions of the single European sky.
No 805/2011
Commission Regulation (EU) No 805/2011 of
10 August 2011 laying down detailed rules for air traffic controllers' licences
and certain certificates pursuant to Regulation (EC) No 216/2008 of the
European Parliament and of the Council.
C.        Aviation Safety
No 3922/91
Council Regulation (EEC) No 3922/91 of 16
December 1991 on the harmonisation of technical requirements and administrative
procedures in the field of civil aviation
as amended by:
·      Commission Regulation (EC) No 2176/96 of 13 November 1996 amending
to scientific and technical progress Council Regulation (EEC) No 3922/91
·      Commission Regulation (EC) No 1069/1999 of 25 May 1999 adapting to
scientific and technical progress Council Regulation (EEC) No 3922/91
·      Commission Regulation (EC) No 2871/2000 of 28 December 2000 adapting
to scientific and technical progress Council Regulation (EEC) 3922/91 on the
harmonisation of technical requirements and administrative procedures in the
field of civil aviation
·      Regulation (EC) No 1899/2006 of 12 December 2006 on the
harmonisation of technical requirements and administrative procedures in the
field of civil aviation
·      Regulation (EC) No 1900/2006 of the European
Parliament and of the Council of 20 December 2006 amending Council Regulation
(EEC) No 3922/91 on the harmonisation of technical requirements and
administrative procedures in the field of civil aviation
·      Commission Regulation (EC) No 8/2008 of 11 December 2007 amending
Council Regulation (EEC) No 3922/91 as regards common technical requirements
and administrative procedures applicable to commercial transportation by
aeroplane
·      Commission Regulation (EC) No 859/2008 of 20 August 2008 amending Council Regulation (EEC) No 3922/91 as
regards common technical requirements and administrative procedures applicable
to commercial transportation by aeroplane
Applicable provisions: Articles 1 to 10, 12
to13 with the exception of Article 4(1) and Article 8(2) (second sentence), Annexes
I to III
As regards the application of Article 12,
"Member States" shall read "Member States of the European
Union".
No 216/2008
Regulation (EC) No 216/2008 of the European
Parliament and of the Council of 20 February 2008 on common rules in the field
of civil aviation and establishing a European Aviation Safety Agency, and
repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and
Directive 2004/36/EC
Applicable provisions: Articles 1 to 68
with the exception of Article 65, the second subparagraph of Article 69(1),
Article 69(4), Annexes I to VI
as amended by:
Commission Regulation (EC) No 690/2009 of
30 July 2009 amending Regulation (EC) No 216/2008 of the European Parliament
and the Council on common rules in the field of civil aviation and establishing
a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC,
Regulation (EC) No 1592/2002 and Directive 2004/36/EC 
Regulation (EC) N° 1108/2009 of the
European Parliament and of the Council of 21 October 2009 amending Regulation
(EC) N° 216/2008 in the field of aerodromes, air traffic management and air
navigation services and repealing Directive 2006/23/EC
Applicable provisions: Articles 1 to 3,
with the exception of paragraph 5 of Article 8a, paragraph 6 of Article 8b and
paragraph 10 of Article 8c inserted by Article 1(7) of Regulation (EC) N°
1108/2009, Annex
No 996/2010
Regulation (EU) No 996/2010 of the
European Parliament and of the Council of 20 October 2010 on the investigation and prevention of
accidents and incidents in civil aviation and repealing Directive 94/56/EC
No 2003/42
Directive 2003/42/EC of the European
Parliament and the Council of 13 June 2003 on occurrence reporting in civil
aviation
Applicable provisions: Articles 1 to 11,
Annexes I and II
No 1321/2007
Commission Regulation (EC)
No 1321/2007 of 12 November 2007 laying down implementing rules for the
integration into a central repository of information on civil aviation
occurrences exchanged in accordance with Directive 2003/42/EC of the European Parliament
and of the Council 
Applicable provisions: Articles 1 to 4
No 1330/2007
Commission Regulation (EC) No 1330/2007 of
24 September 2007 laying down implementing rules for the dissemination to
interested parties of information on civil aviation occurrences referred to in
Article 7(2) of Directive 2003/42/EC of the European Parliament and of the
Council
Applicable provisions: Articles 1 to 10,
Annexes I to II
No 1702/2003
Commission Regulation (EC) No 1702/2003 of
24 September 2003 laying down implementing rules for the airworthiness and
environmental certification of aircraft and related products, parts and
appliances, as well as for the certification of design and production
organisations 
as amended by:
·      Commission Regulation (EC) No 381/2005 of 7 March 2005 amending
Regulation (EC) No 1702/2003
·      Commission Regulation (EC) No 706/2006 of 8 May 2006 amending
Regulation (EC) No 1702/2003 as regards the period during which Member States
may issue approvals of a limited duration 
·      Commission Regulation (EC) No 335/2007 of 28 March 2007 amending
Regulation (EC) No 1702/2003 as regards the implementing rules related to
environmental certification of aircraft and related products, parts and
appliances
·      Commission Regulation (EC) No 375/2007 of 30 March 2007 amending
Regulation (EC) No 1702/2003 laying down implementing rules for the
airworthiness and environmental certification of aircraft and related products,
parts and appliances, as well as for the certification of design and production
organisations
·      Commission Regulation (EC) No 287/2008 of 28 March 2008 on the
extension of the period of validity of referred to in Article 2c(3) of
Regulation (EC) No 1702/2003
·      Commission Regulation (EC) No 1057/2008 of
27 October 2008 amending Appendix II of Annex to Regulation (EC) No 1702/2003
concerning the Airworthiness Review Certificate (EASA Form 15a) 
·      Commission Regulation (EC) No 1194/2009 of 30 November
2009 amending Regulation (EC) No 1702/2003 laying down implementing rules
for the airworthiness and environmental certification of aircraft and related
products, parts and appliances as well as for certification of design and
production organisations
Note: Corrected
by Corrigendum to Commission Regulation (EC) No 1194/2009 of
30 November 2009 amending Regulation (EC) No 1702/2003 laying down
implementing rules for the airworthiness and environmental certification of
aircraft and related products, parts and appliances as well as for
certification of design and production organisations ( OJ L 321, 8.12.2009 )
Applicable provisions: Articles 1 to 4,
Annex. The transitional periods referred to in this Regulation shall be
determined by the Joint Committee. 
No 2042/2003
Commission Regulation (EC) No 2042/2003 of
20 November 2003 on the continuing airworthiness of aircraft and aeronautical
products, parts and appliances, and on the approval of organisations and
personnel involved in these tasks
as amended by:
·      Commission Regulation (EC) No 707/2006 of 8 May 2006 amending
Regulation (EC) No 2042/2003 as regards approvals of a limited duration and
Annexes I and III
·      Commission Regulation (EC) No 376/2007 of 30 March 2007 amending
Regulation (EC) No 2042/2003 on the continuing airworthiness of aircraft and
aeronautical products, parts and appliances, and on the approval of
organisations and personnel involved in these tasks
·      Commission Regulation (EC) No 1056/2008 of
27 October 2008 amending Regulation (EC) No 2042/2003 on the continuing
airworthiness of aircraft and aeronautical products, parts and appliances, and
on the approval of organisations and personnel involved in these tasks
·      Commission Regulation (EC) No 127/2010
amending Regulation (EC) No 2042/2003 on the continuing airworthiness of
aircraft and aeronautical products, parts and appliances, and on the approval
of organisations and personnel involved in these tasks
Applicable provisions: Articles 1 to 6,
Annexes I to IV
No 104/2004
Commission Regulation (EC) No 104/2004 of
22 January 2004 laying down rules on the organisation and composition of the
Board of Appeal of the European Aviation Safety Agency 
Applicable provisions: Articles 1 to 7 and
Annex
No 593/2007
Commission Regulation (EC) No 593/2007 of
31 May 2007 on the fees and charges levied by the European Aviation Safety
Agency 
as amended by:
Commission
Regulation (EC) No 1356/2008 of 23 December 2008 amending Regulation (EC) No
593/2007 on the fees and charges levied by the European Aviation Safety Agency
Applicable provisions: Articles 1 to 12,
Article 14(2), Annex
No 736/2006 
Commission Regulation (EC) No 736/2006 of
16 May 2006 on working methods of the European Aviation Safety Agency for
conducting standardisation inspections
Applicable provisions: Articles 1 to 18
No 768/2006
Commission Regulation (EC) No 768/2006 of
19 May 2006 implementing Directive 2004/36/EC of the European Parliament and of
the Council as regards the collection and exchange of information on the safety
of aircraft using Community airports and the management of the information
system 
Applicable provisions: Articles 1 to 5
No 2111/2005
Regulation (EC)
No 2111/2005 of the European Parliament and the Council
of 14 December 2005 on the establishment of a Community list of air carriers
subject to an operating ban within the Community and on informing air transport
passengers of the identity of the operating air carrier, and repealing Article
9 of Directive 2004/36/CE
Applicable provisions: Articles 1-13, Annex
Commission
Regulation (EC) N° 473/2006 of 22 March 2006 laying
down the rules for the Community list of carriers which are subject to an
operating ban within the Community referred to in Chapter II of Regulation (EC)
NO 2111/2005 of the European Parliament and the Council
Applicable provisions: Articles 1 to 6 and Annexes A to C
Commission
Regulation (EC) No 474/2006 of 22 March 2006
establishing the Community list of air carriers which are subject to an
operating ban within the Community referred to in Chapter II of Regulation (EC)
No 2111/2005 of the European Parliament and of the Council, and as subsequently
amended.
Applicable provisions: Articles 1 to 3 and
Annexes A and B
D.        Aviation Security
Framework Regulation
No 300/2008
Regulation (EC) No
300/2008 of the European Parliament and of the Council of 11 March 2008 on
common rules in the field of civil aviation security and repealing Regulation
(EC) No 2320/2002
Applicable
provisions: Articles 1 to 18, Article 21, Annex
Supplementing
Regulation
No 272/2009
Commission
Regulation (EC) No 272/2009 of 2 April 2009 supplementing the common basic
standards on civil aviation security laid down in the Annex to Regulation (EC)
No 300/2008 of the European Parliament and of the Council
as amended by:
·              
Commission Regulation (EU) No 720/2011 of 22
July 2011 amending Commission Regulation (EC) No 272/2009 of 2 April 2009
supplementing the common basic standards on civil aviation security as regards
the phasing-in of the screening of liquids, aerosols and gels at EU airports
No 1254/2009
Commission
Regulation (EU) No 1254/2009 of 18 December 2009 setting criteria to allow
Member States to derogate from the common basic standards on civil aviation
security and to adopt alternative security measures
No 18/2010
Commission
Regulation (EU) No 18/2010 of 8 January 2010 amending Regulation (EC) No
300/2008 of the European Parliament and of the Council as far as specifications
for national quality control programmes in the field of civil aviation security
are concerned 
Implementing Regulation
No 72/2010
Commission Regulation (EU) No 72/2010 of 26
January 2010 laying down procedures for conducting Commission inspections in the
field of aviation security
No 185/2010
Commission Regulation (EU) No 185/2010 of 4
March 2010 laying down detailed measures for the implementation of the common
basic standards on aviation security
as amended by:
·              
Commission Regulation (EU) No 357/2010 of 23
April 2010 amending Commission Regulation (EU) No 185/2010 of 4 March 2010
laying down detailed measures for the implementation of the common basic
standards on aviation security
·              
Commission Regulation (EU) No 358/2010 of 23
April 2010 amending Commission Regulation (EU) No 185/2010 of 4 March 2010
laying down detailed measures for the implementation of the common basic
standards on aviation security
·              
Commission Regulation (EU) No 573/2010 of 30
June 2010 amending Commission Regulation (EU) No 185/2010 of 4 March 2010
laying down detailed measures for the implementation of the common basic
standards on aviation security
·              
Commission Regulation (EU) No 983/2010 of 3
November 2010 amending Regulation (EU) No 185/2010 laying down detailed
measures for the implementation of the common basic standards on aviation
security
·              
Commission Regulation (EU) No 334/2011 of 7
April 2011 amending Commission Regulation (EU) No 185/2010 of 4 March 2010
laying down detailed measures for the implementation of the common basic standards
on aviation security
Commission Decision 2010/774/EU of 13 April
2010 laying down detailed measures for the implementation of the common basic
standards on aviation security containing information as referred to in Point
(a) of Article 18 of Regulation (EC) No 300/2008 (need to know aviation
security measures)
as amended by:
·              
Commission Decision 2010/2604/EU of 23 April
2010 amending Commission Decision 2010/774/EU of 13 April 2010 laying down
detailed measures for the implementation of the common basic standards on
aviation security containing information as referred to in Point (a) of Article
18 of Regulation (EC) No 300/2008 (protection of supplies of LAGs and STEBs)
·              
Commission Decision 2010/3572/EU of 30 June 2010
amending Commission Decision 2010/774/EU of 13 April 2010 laying down detailed
measures for the implementation of the common basic standards on aviation
security containing information as referred to in Point (a) of Article 18 of
Regulation (EC) No 300/2008 (explosive detection dogs)
·              
Commission Decision 2010/9139/EU of 20 December
2010 amending Commission Decision 2010/774/EU of 13 April 2010 laying down
detailed measures for the implementation of the common basic standards on
aviation security containing information as referred to in Point (a) of Article
18 of Regulation (EC) No 300/2008 (metal detection for cargo)
E.         Environment
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
Applicable provisions: Articles 1 to 6 and
Annexes I and II
No 2002/30
Directive 2002/30/EC of the European
Parliament and of the Council of 26 March 2002 on the establishment of rules
and procedures with regard to the introduction of noise-related operating
restrictions at Community airports
As amended or adapted by the 2003 Act of
Accession and the 2005 Act of Accession
Applicable provisions: Articles 1 to 15,
Annexes I and II
No 2002/49
Directive 2002/49/EC of the European
Parliament and of the Council of 25 June 2002 relating to the assessment and
management of environmental noise
Applicable provisions: Articles 1 to 16,
Annexes I to VI
F.         Social Aspects
No 2000/79
Council Directive 2000/79/EC of 27 November
2000 concerning the European Agreement on the Organisation of Working Time of
Mobile Workers in Civil Aviation concluded by the Association of European
Airlines (AEA), the European Transport Workers' Federation (ETF), the European
Cockpit Association (ECA), the European Regions Airline Association (ERA) and
the International Air Carrier Association (IACA)
Applicable provisions: Articles 2 to 3,
Annex 
No 2003/88
Directive 2003/88 /EC of the European Parliament
and of the Council of 4 November 2003 concerning certain aspects of the
organisation of working time
Applicable provisions: Article 1 to 19, 21
to 24 and 26 to 29
G.        Consumer protection
No 90/314
Council Directive 90/314/EEC of 13 June
1990 on package travel, package holidays and package tours
Applicable provisions: Articles 1 to 10
No 95/46
Directive 95/46/EC of the European
Parliament and of the Council of 24 October 1995 on the protection of
individuals with regard to the processing of personal data and on the free
movement of such data
Applicable provisions: Articles 1 to 34
No 2027/97
Council Regulation (EC)
No 2027/97 of 9 October 1997 on air carrier liability in the event of accidents
as amended by:
·      Regulation (EC) No 889/2002 of the European Parliament and of the
Council of 13 May 2002 amending Council Regulation (EC) No 2027/97
Applicable provisions: Articles 1 to 8
No 261/2004
Regulation (EC) No 261/2004 of the European
Parliament and of the Council of 11 February 2004 establishing common rules on
compensation and assistance to passengers in the event of denied boarding and
of cancellation or long delay of flights, and repealing Regulation (EEC) No
295/91
Applicable provisions: Articles 1 to 17
No 1107/2006
Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July
2006 concerning the rights of disabled persons and persons with reduced
mobility when travelling by air
Applicable provisions: Articles 1 to 17,
Annexes I and II
H.        Other legislation
No 80/2009
Regulation (EC)
No 80/2009 of the European Parliament and of the Council of 14 January 2009 on
a Code of Conduct for computerised reservation systems and repealing Council
Regulation (EEC) No 2299/89
Applicable
provisions: Articles 1 to 18 and Annexes I and II
ANNEX
IV
List
of other States referred to in Articles 3 and 4, and Annex I
1.                      
The Republic of Iceland (under the Agreement on
the European Economic Area);
2.                      
The Principality of Liechtenstein (under the
Agreement on the European Economic Area);
3.                      
The Kingdom of Norway (under the Agreement on
the European Economic Area);
4.                      
The Swiss Confederation (under the Agreement
between the European Community and the Swiss Confederation).
___________________
[1]               pursuant to UN
Security Council Resolution 1244 of 10 June 1999.
[2]                      "European
Neighbourhood Policy partners" shall here be understood as Algeria,
Armenia,
Azerbaijan, Belarus, Egypt, Georgia, Israel, Jordan, Lebanon, Libya, Morocco, Occupied Palestinian Territory, Syria, Tunisia and Ukraine i.e. shall
here not include the Republic of Moldova.
[3]                      "ECAA
countries" are the countries which are parties to the Multilateral
Agreement establishing a European Common Aviation Area which at the date of
signature of the agreement were: Member States of the European Union, the
Republic of Albania, Bosnia and Herzegovina, the Republic of Croatia, the
former Yugoslav Republic of Macedonia, the Republic of Iceland, the Republic of
Montenegro, the Kingdom of Norway, the Republic of Serbia and Kosovo under UN
Security Council Resolution 1244.