CELEX: 22012A1206(01)
Language: en
Date: 2010-12-15 00:00:00
Title: Euro-Mediterranean Aviation Agreement between the European Union and its Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part

6.12.2012         EN                             Official Journal of the European Union                                        L 334/3
                                       EURO-MEDITERRANEAN AVIATION AGREEMENT
          between the European Union and its Member States, of the one part, and the Hashemite Kingdom
                                                     of Jordan, of the other part
          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,
          Contracting Parties to the Treaty on the European Union and the Treaty on the Functioning of the European Union,
          hereinafter referred to as the ‘Member States’, and
          THE EUROPEAN UNION,
          of the one part, and
          THE HASHEMITE KINGDOM OF JORDAN, hereinafter referred to as ‘Jordan’,
          of the other part,
          DESIRING to promote an international aviation system based on fair competition among air carriers in the marketplace
          with minimum government interference and regulation;
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               DESIRING to facilitate the expansion of international air transport opportunities, including through the development of
               air transport networks to meet the needs of passengers and shippers for convenient air transport services;
               RECOGNISING the importance of air transport in promoting trade, tourism and investment;
               DESIRING to make it possible for air carriers to offer the travelling and shipping public competitive prices and services in
               open markets;
               RECOGNISING the potential benefits of regulatory convergence and, to the extent practical, harmonisation of regulations
               relating to air transport;
               DESIRING to have all sectors of the air transport industry, including air carrier workers, benefit in a liberalised
               environment;
               DESIRING to ensure the highest degree of safety and security in international air transport and reaffirming their grave
               concern with regard to acts or threats against the security of aircraft, which jeopardise the safety of persons or property,
               adversely affect the operation of air transport and undermine public confidence in the safety of civil aviation;
               NOTING the Convention on International Civil Aviation, opened for signature at Chicago on 7 December 1944;
               RECOGNISING that this Euro Mediterranean Aviation Agreement lies within the scope of the Euro-Mediterranean
               partnership envisaged in the declaration of Barcelona of 28 November 1995;
               NOTING their common will to promote a Euro Mediterranean aviation area based on the principles of regulatory
               convergence, regulatory cooperation and liberalisation of the market access;
               NOTING the Joint declaration of the Arab Civil Aviation Commission and the Arab Air Carriers Organization, of the one
               part and the Directorate General of Energy and Transport, of the other part signed on 16 November 2008 in Sharm El
               Sheikh;
               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 the importance of regulating slot allocation on the basis of fair and equal opportunity for their air carriers
               to guarantee neutral and non-discriminatory treatment for all air carriers;
               RECOGNISING that subsidies may adversely affect air carrier competition and may jeopardise the basic objectives of this
               Agreement;
               AFFIRMING the importance of limiting greenhouse gas emission from aviation and protecting the environment in
               developing and implementing international aviation policy;
               NOTING the importance of protecting consumers, including the protections afforded by the Convention for the Unifi­
               cation of Certain Rules for International Carriage by Air, done at Montreal 28 May 1999, insofar as both the Contracting
               Parties are parties to this Convention;
               INTENDING to build upon the framework of existing air transport agreements with the goal of opening access to markets
               and maximising benefits for the consumers, air carriers, labour, and communities of both Contracting Parties;
               NOTING that the purpose of this agreement is to be applied in a progressive but integral way, and that a suitable
               mechanism can ensure ever closer harmonisation of legislation,
               HAVE AGREED AS FOLLOWS:
                                 Article 1                                              for the avoidance of doubt, shall include scheduled and
                                                                                        non-scheduled (charter) air transport, and full cargo
                              Definitions                                               services;
For the purposes of this Agreement, unless otherwise stated, the
term:
                                                                                   (4) ‘Association Agreement’ means the Euro-Mediterranean
                                                                                        Agreement establishing an association between the
                                                                                        European Communities and their Member States, of the
  (1) ‘Agreed services’ and ‘Specified routes’ mean international
                                                                                        one part, and the Hashemite Kingdom of Jordan, of the
      air transport pursuant to Article 2 (Traffic rights) of, and
                                                                                        other part, done at Brussels on 24 November 1997;
      Annex I to, this Agreement;
                                                                                   (5) ‘Citizenship’ means whether an air carrier satisfies
  (2) ‘Agreement’ means this Agreement, its Annexes, and any                            requirements regarding such issues as its ownership,
      amendments thereto;                                                               effective control, and principal place of business;
  (3) ‘Air transport’ means the carriage by aircraft of passengers,                (6) ‘Competent Authorities’ means the government agencies or
      baggage, cargo, and mail, separately or in combination,                           entities responsible for the administrative functions under
      held out to the public for remuneration or hire, which,                           this Agreement;
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 (7) ‘Contracting Parties’ shall mean, on the one hand, the                      Member State for the European Party, insofar as, in the
     European Union or its Member States, or the European                        case of a legal entity, it is at all times under the effective
     Union and its Member States, in accordance with their                       control, be it directly or by majority participation, of
     respective powers, and, on the other hand, Jordan;                          persons or entities having Jordan nationality for the
                                                                                 Jordan Party, or persons or entities having the nationality
                                                                                 of a Member State or one of the third countries identified
 (8) ‘Convention’ means the Convention on International Civil                    in Annex IV for the European Party;
     Aviation, opened for signature at Chicago on 7 December
     1944, and includes:
                                                                           (15) ‘Operating Licences’ means, in the case of the European
                                                                                 Union and its Member States operating licences and any
     (a) any amendment that has entered into force under                         other relevant documents or certificates given under Regu­
          Article 94(a) of the Convention and has been ratified                  lation (EC) No 1008/2008 of the European Parliament and
          by both Jordan and the Member State or Member                          of the Council of 24 September 2008 on common rules
          States of the European Union; and                                      for the operation of air services in the Community (1) and
                                                                                 any successor instrument and, in the case of Jordan
                                                                                 licences/certificates/permits or exemptions given under
     (b) any Annex or any amendment thereto adopted under                        JCAR Part 119;
          Article 90 of the Convention, insofar as such Annex or
          amendment is at any given time effective for both
          Jordan and the Member State or Member States of                  (16) ‘Price’ means:
          the European Union as is relevant to the issue in
          question;
                                                                                 — ‘air fares’ to be paid to air carriers or their agents or
                                                                                      other ticket sellers for the carriage of passengers and
 (9) ‘Fitness’ means whether an air carrier is fit to operate                         baggage on air services and any conditions under
     international air services, that is to say, whether it has                       which those prices apply, including remuneration and
     satisfactory financial capability and adequate managerial                        conditions offered to agency and other auxiliary
     expertise and is disposed to comply with the laws, regu­                         services, and
     lations, and requirements which govern the operation of
     such services;
                                                                                 — ‘air rates’ to be paid for the carriage of cargo and the
                                                                                      conditions under which those prices apply, including
(10) ‘ECAA Country’ means any country party to the multi­                             remuneration and conditions offered to agency and
     lateral Agreement establishing European Common                                   other auxiliary services.
     Aviation Area (Member States of the European Union,
     the Republic of Albania, Bosnia and Herzegovina, the
     Republic of Croatia, the former Yugoslav Republic of
                                                                                 This definition covers, where relevant, the surface transport
     Macedonia, the Republic of Iceland, the Republic of
                                                                                 in connection with international air transport and the
     Montenegro, the Kingdom of Norway, the Republic of
                                                                                 applicable conditions;
     Serbia and Kosovo under UN Security Council Resolution
     1244);
                                                                           (17) ‘Principal place of business’ means the head office or
(11) ‘Euromed Country’ means any Mediterranean country                           registered office of an air carrier in the Contracting Party
     involved in the European Neighbourhood Policy (which                        within which the principal financial functions and oper­
     are Morocco, Algeria, Tunisia, Libya, Egypt, Lebanon,                       ational control, including continued airworthiness
     Jordan, Israel, the Palestinian territory, Syria and Turkey);               management, of the air carrier are exercised;
(12) ‘Fifth freedom right’ means the right or privilege granted            (18) ‘Public service obligation’ means any obligation imposed
     by one state (the ‘Granting State’) to the air carriers of                  upon air carriers to ensure on a specified route the
     another state (‘the Recipient State’), to provide inter­                    minimum provision of scheduled air services satisfying
     national air transport services between the territory of                    fixed standards of continuity, regularity, pricing and
     the Granting State and the territory of a third state,                      minimum capacity which air carriers would not assume
     subject to the condition that such services originate or                    if they were solely considering their commercial interest.
     terminate in the territory of the Recipient State;                          Air carriers may be compensated by the Contracting Party
                                                                                 concerned for fulfilling public service obligations;
(13) ‘International air transport’ means air transport that passes
     through the airspace over the territory of at least two               (19) ‘SESAR’ means the technical implementation of the Single
     States;                                                                     European Sky which provides a coordinated, synchronised
                                                                                 research, development and deployment of the new gener­
                                                                                 ations of air traffic management systems;
(14) ‘National’ means any person or entity having Jordan
     nationality for the Jordan Party, or the nationality of a             (1) OJ L 293, 31.10.2008, p. 3.
 ---pagebreak--- L 334/6               EN                           Official Journal of the European Union                                           6.12.2012
(20) ‘Subsidy’ means any financial contribution granted by the             of this Agreement, the following rights for the conduct of inter­
     authorities or a regional organisation or another public              national air transport by the air carriers of the other Contracting
     organisation, i.e. when:                                              Party:
     (a) a practice of a government or regional body or other              (a) the right to fly across its territory without landing;
          public organisation involves a direct transfer of funds
          such as grants, loans or equity infusion, potential              (b) the right to make stops in its territory for any purpose other
          direct transfer of funds to the company, the                         than taking on or discharging passengers, baggage, cargo
          assumption of liabilities of the company such as loan                and/or mail in air transport (non-traffic purposes);
          guarantees, capital injections, ownership, protection
          against bankruptcy or insurance;                                 (c) while operating an agreed service on a specified route, the
                                                                               right to make stops in its territory for the purpose of taking
     (b) revenue of a government or regional body or other                     up and discharging international traffic in passengers, cargo
          public organisation that is otherwise due is foregone or             and/or mail, separately or in combination; and
          not collected;
                                                                           (d) the rights otherwise specified in this Agreement.
     (c) a government or regional body or other public organi­
          sation provides goods or services other than general             2.     Nothing in this Agreement shall be deemed to confer on
          infrastructure, or purchases goods or services; or               the air carriers of:
     (d) a government or regional body or other public organi­             (a) Jordan the right to take on board, in the territory of any
          sation makes payments to a funding mechanism or                      Member State, passengers, baggage, cargo, and/or mail
          entrusts or directs a private body to carry out one                  carried for compensation and destined for another point
          or more of the type of functions illustrated under                   in the territory of that Member State;
          (a), (b) and (c) which would normally be vested in
          the government and, in practice, in no real sense                (b) the European Union the right to take on board, in the
          differs from practices normally followed by govern­                  territory of Jordan, passengers, baggage, cargo, and/or mail
          ments;                                                               carried for compensation and destined for another point in
                                                                               the territory of Jordan.
     and where a benefit is thereby conferred;
                                                                                                        Article 3
(21) ‘Territory’ means, for Jordan, the land areas (mainland and                                     Authorisation
     islands), internal waters and territorial sea under its sover­
     eignty or jurisdiction, and, for the European Union, the              1.     On receipt of applications for operating authorisation
     land areas (mainland and islands), internal waters and terri­         from an air carrier of one of the Contracting Parties, the
     torial sea in which the Treaty on the European Union and              competent authorities shall grant appropriate authorisations
     the Treaty on the functioning of the European Union are               with minimum procedural delay, provided that:
     applied and under the conditions laid down in that Treaty
     and any successor instrument. The application of this                 (a) for an air carrier of Jordan:
     Agreement to the Airport of Gibraltar is understood to
     be without prejudice to the respective legal positions of                 — the air carrier has its principal place of business in
     the Kingdom of Spain and the United Kingdom with                              Jordan and has received its operating licence in
     regard to the dispute over sovereignty over the territory                     accordance with the law of the Hashemite Kingdom of
     in which the airport is situated and to the continuing                        Jordan,
     suspension of Gibraltar Airport from EU aviation
     measures existing as at 18 September 2006 as between                      — effective regulatory control of the air carrier is exercised
     Member States in accordance with the Ministerial                              and maintained by the Hashemite Kingdom of Jordan,
     Statement on Gibraltar Airport agreed in Cordoba on                           and
     18 September 2006; and
                                                                               — the air carrier is owned, directly or by majority partici­
(22) ‘User charge’ means a charge imposed on air carriers for                      pation, and effectively controlled by Jordan and/or its
     the provision of airport, airport environmental, air navi­                    nationals;
     gation, or aviation security facilities or services including
     related services and facilities and when appropriate                  (b) for an air carrier of the European Union:
     reflecting environmental costs related to noise emissions.
                                                                               — the air carrier has its principal place of business in the
                               TITLE I                                             territory of a Member State under the Treaty on the
                     ECONOMIC PROVISIONS                                           Functioning of the European Union, and has received
                                                                                   its operating licence, and
                              Article 2
                           Traffic Rights                                      — effective regulatory control of the air carrier is exercised
                                                                                   and maintained by the Member State responsible for
1.    Each Contracting Party shall grant to the other                              issuing its Air Operators Certificate and the relevant
Contracting Party, in accordance with Annex I and Annex II                         Aeronautical Authority is clearly identified,
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    — the air carrier is owned, directly or by majority partici­            (d) the provisions set forth in Article 13 (Aviation Safety) and
         pation, by Member States and/or by nationals of the                     Article 14 (Aviation Security) of this Agreement are not
         Member States, or by other States listed in Annex IV,                   being maintained or administered.
         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 authority                  2.     Unless immediate action is essential to prevent further
    competent for the operation of international air transport;             non-compliance with points (c) or (d) of paragraph 1, the
    and                                                                     rights established by the present Article to refuse, revoke,
                                                                            suspend or limit authorisations or permissions of any air
                                                                            carrier of a Contracting Party shall be exercised only
(d) the provisions set forth in Article 13 (Aviation Safety) and
                                                                            according to the procedure prescribed in Article 23 (Safeguard
    Article 14 (Aviation Security) of this Agreement are being
                                                                            measures) of this Agreement. In any case, the exercise of these
    maintained and administered.
                                                                            rights shall be appropriate, proportionate and restricted with
                                                                            regard to scope and duration to what is strictly necessary.
                              Article 4                                     They shall be exclusively directed towards the air carrier or
                                                                            air carriers concerned, and shall be without prejudice to the
        Refusal, Revocation, Suspension, Limitation of
                                                                            right of either Contracting Party to take action under Article 22
                          Authorisation
                                                                            (Dispute resolution and arbitration).
1.    The competent authorities of either Contracting Party may
refuse, revoke, suspend or limit the operating authorisations or
otherwise suspend or limit the operations of an air carrier of
another Contracting Party where:                                            3.     Neither Contracting Party shall use its rights established by
                                                                            the present Article to refuse, revoke, suspend or limit authori­
(a) for an air carrier of Jordan:                                           sations or permissions of any air carriers of a Contracting Party
                                                                            on the grounds that majority ownership and effective control of
                                                                            that air carrier is vested in another Euromed Country or its
    — the air carrier does not have its principal place of                  nationals, provided that such Euromed Country is party to a
         business in Jordan or has not received its operating               similar Euro Mediterranean Aviation Agreement and offers
         licence in accordance with the applicable law of Jordan,           reciprocal treatment.
    — effective regulatory control of the air carrier is not
         exercised and maintained by Jordan,
                                                                                                          Article 4 bis
    or
                                                                            Reciprocal Recognition of Regulatory Determinations with
                                                                                        Regard to Airline Fitness and Citizenship
    — the air carrier is not owned and effectively controlled,
         directly or by majority participation, by Jordan and/or            1.     Upon receipt of an application for authorisation from an
         nationals of Jordan;                                               air carrier of one Contracting Party, the competent authorities
                                                                            of the other Contracting Party shall recognise any fitness and/or
                                                                            citizenship determination made by the competent authorities of
(b) for an air carrier of the European Union:                               the first Contracting Party with respect to that air carrier as if
                                                                            such determination had been made by its own competent auth­
    — the air carrier does not have its principal place of                  orities, and shall not inquire further into such matters, except as
         business or, if any, its registered office in the territory        provided for in paragraph 2 below.
         of a Member State under the Treaty on the Functioning
         of the European Union, or has not received its operating
         licence in accordance with Union law,
                                                                            2.     If, after receipt of an application for authorisation from an
    — effective regulatory control of the air carrier is not                air carrier, or after the grant of such authorisation, the
         exercised and maintained by the Member State                       competent authorities of the receiving Contracting Party have
         responsible for issuing its Air Operators Certificate or           a specific reason based on a reasonable doubt for concern that,
         the competent aeronautical authority is not clearly ident­         despite the determination made by the competent authorities of
         ified, or                                                          the other Contracting Party, the conditions prescribed in
                                                                            Article 3 (Authorisation) of this Agreement for the grant of
                                                                            appropriate authorisations or permissions have not been met,
    — the air carrier is not owned and effectively controlled,              then they shall promptly advise those authorities, giving
         directly or by majority participation, by Member States            substantive reasons for their concern. In that event, either
         and/or nationals of Member States, or by the other                 Contracting Party may seek consultations, which may include
         States listed in Annex IV, and/or nationals of these               representatives of the competent authorities of both Contracting
         other States;                                                      Parties, and/or additional information relevant to this concern,
                                                                            and such requests shall be met as soon as practicable. If the
(c) the air carrier has failed to comply with the laws and regu­            matter remains unresolved, either Contracting Party may bring
    lations referred to in Article 6 (Compliance with Laws and              the matter to the Joint Committee set up under Article 21 (The
    Regulations) of this Agreement; or                                      Joint Committee) of this Agreement.
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3.     The present Article does not cover recognition of deter­           carriers of both sides to operate the Agreed Services. In order to
minations in relation to:                                                 achieve this, it is necessary to have a fair and competitive
                                                                          environment for the operation of air services. The Contracting
                                                                          Parties recognise that fair competitive practices by air carriers
— Safety certificates or licences,
                                                                          are most likely to occur where these air carriers provide air
                                                                          services on a fully commercial basis and are not subsidised.
— Security arrangements, or
— Insurance coverage.                                                     3.     When a Contracting Party deems it essential to grant
                                                                          public subsidies to an air carrier operating under this
                                                                          Agreement in order to achieve a legitimate objective, it shall
                             Article 5                                    see to it that such subsidies are proportionate to the objective,
                           Investment                                     transparent and designed to minimise, to the extent feasible,
                                                                          their adverse impact on the air carriers of the other Contracting
1.     Jordan may take arrangements to allow majority                     Party. The Contracting Party intending to grant any such
ownership and/or the effective control of air carriers of                 subsidy shall inform the other Contracting Party of its
Jordan by Member States or their nationals.                               intention and shall make sure that such subsidy is consistent
                                                                          with the criteria laid down in this Agreement.
2.     Upon verification by the Joint Committee in accordance
with Article 21(10) (The Joint Committee) that reciprocal
arrangements exist, the Contracting Parties shall allow                   4.     If one Contracting Party finds that conditions exist in the
majority ownership and/or the effective control of air carriers           Territory of the other Contracting Party, in particular due to a
of Jordan by Member States or their nationals, or of air carriers         subsidy, inconsistent with the criteria laid down in paragraph 3
of the European Union by Jordan or its nationals.                         which would adversely affect the fair and equal opportunity of
                                                                          its air carriers to compete, it may submit observations to the
                                                                          other Contracting Party. Furthermore, it may request a meeting
3.     Specific investment projects under the present Article shall       of the Joint Committee, as provided for in Article 21 (The Joint
be authorised by virtue of preliminary decisions of the Joint             Committee) of this Agreement. From the receipt of such a
Committee established by this Agreement. These decisions                  request consultations shall start within 30 days. When a
may specify the conditions associated with the operation of               dispute cannot be settled by the Joint Committee, the
the agreed services under this Agreement and with the                     Contracting Parties retain the possibility of applying their
services between third Countries and the Contracting Parties.             respective anti-subsidy measures.
The provisions of Article 21(9) (The Joint Committee) of this
Agreement shall not apply to this type of decision.
                                                                          5.     The actions, referred to in paragraph 4 of this Article,
                             Article 6                                    shall be appropriate, proportionate and restricted with regard
                                                                          to scope and duration to what is strictly necessary. They shall
             Compliance with laws and regulations
                                                                          be exclusively directed towards the air carrier or air carriers
1.     While entering, within, or leaving the territory of one            benefiting from a subsidy or the conditions referred to in this
Contracting Party, the laws and regulations applicable within             Article, and shall be without prejudice to the right of either
that territory relating to the admission to or departure from             Contracting Party to take action under Article 23 (Safeguard
its territory of aircraft engaged in international air transport,         Measures) of this Agreement.
or to the operation and navigation of aircraft shall be
complied with by the other Contracting Party’s air carriers.
                                                                          6.     Each Contracting Party, upon notification to the other
2.     While entering, within, or leaving the territory of one            Contracting Party, may approach responsible government
Contracting Party, the laws and regulations applicable within             entities in the territory of the other Contracting Party
that territory relating to the admission to or departure from             including entities at the state, provincial or local level to
its territory of passengers, crew or cargo on aircraft (including         discuss matters relating to this Article.
regulations relating to entry, clearance, immigration, passports,
customs and quarantine or, in the case of mail, postal regu­
lations) shall be complied with by, or on behalf of, such                 7.     The provisions of this Article shall apply without prejudice
passengers, crew or cargo of the other Contracting Party’s air            to the Contracting Parties’ laws and regulations regarding public
carriers.                                                                 service obligations in the territories of the Contracting Parties.
                             Article 7
                                                                                                         Article 8
                    Competitive environment
                                                                                             Commercial Opportunities
1.     The Contracting Parties reaffirm the application to this
Agreement of the principles of Chapter II of Title IV of the              Air carrier Representatives
Association Agreement.
                                                                          1.     The air carriers of each Contracting Party shall have the
                                                                          right to establish offices in the territory of the other Contracting
2.     The Contracting Parties acknowledge that it is their joint         Party for the promotion and sale of air transport and related
objective to secure fair and equal opportunities for the air              activities.
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2.     The air carriers of each Contracting Party shall be entitled,         fuel, in the territory of the other Contracting Party in local
in accordance with the laws and regulations of the other                     currency. At their discretion, the air carriers of each Contracting
Contracting Party relating to entry, residence, and employment,              Party may pay for such expenses in the territory of the other
to bring in and maintain in the territory of the other                       Contracting Party in freely convertible currencies according to
Contracting Party managerial, sales, technical, operational, and             local currency regulation.
other specialist staff who are required to support the provision
of air transport.
                                                                             Cooperative arrangements
Ground-Handling
                                                                             7.    In operating or holding out services under this Agreement,
3.     (a) Without prejudice to point (b) below, each air carrier            any air carrier of a Contracting Party may enter into cooperative
           shall have in relation to ground-handling in the                  marketing arrangements, such as blocked-space agreements or
           Territory of the other Contracting Party:                         code-sharing arrangements, with:
            (i) the right to perform its own ground-handling                 (a) any air carrier or carriers of the Contracting Parties; and
                (‘self-handling’) or, at its option;
           (ii) the right to select among competing suppliers that           (b) any air carrier or carriers of a third country; and
                provide ground-handling services in whole or in
                part where such suppliers are allowed market
                access on the basis of the laws and regulations              (c) any surface, land or maritime carriers;
                of each Contracting Party, and where such
                suppliers are present in the market.
                                                                             provided that (i) all participants in such arrangements hold the
       (b) For the following categories of ground-handling                   appropriate underlying route authority and (ii) the arrangements
           services i.e. baggage handling, ramp handling, fuel               meet the requirements relating to safety and competition
           and oil handling, freight and mail handling as                    normally applied to such arrangements. In respect of
           regards the physical handling of freight and mail                 passenger transport sold involving code-shares, the purchaser
           between the air terminal and the aircraft, the rights             shall be informed at the point of sale, or in any case before
           under point (a)(i) and (ii) shall be subject only to              boarding, which transportation providers will operate each
           physical or operational constraints according to the              sector of the service.
           laws and regulations applicable in the Territory of
           the other Contracting Party. Where such constraints
           preclude self-handling and where there is no effective            8.    (a) In relation to the transport of passengers, surface
           competition between suppliers that provide ground-                           transportation providers shall not be subject to laws
           handling services, all such services shall be available                      and regulations governing air transport on the sole
           on an equal and non-discriminatory basis to all air                          basis that such surface transportation is held out by
           carriers; prices of such services shall not exceed their                     an air carrier under its own name. Surface transpor­
           full cost including a reasonable return on assets, after                     tation providers have the discretion to decide whether
           depreciation.                                                                to enter into cooperative arrangements. In deciding on
                                                                                        any particular arrangement, surface transportation
                                                                                        providers may consider, among other things,
Sales, Local Expenses, and Transfer of Funds
                                                                                        consumer interests and technical, economic, space,
4.     Any air carrier of each Contracting Party may engage in                          and capacity constraints.
the sale of air transport in the territory of the other Contracting
Party directly and/or, at the air carrier’s discretion, through its
sales agents, other intermediaries appointed by the air carrier or                  (b) Moreover, and notwithstanding any other provision of
through the internet. Each air carrier shall have the right to sell                     this Agreement, air carriers and indirect providers of
such transportation, and any person shall be free to purchase                           cargo transportation of the Contracting Parties shall
such transportation, in the currency of that territory or in freely                     be permitted, without restriction, to employ in
convertible currencies.                                                                 connection with international air transport any
                                                                                        surface transportation for cargo to or from any
                                                                                        points in the territories of Jordan and the European
5.     Each air carrier shall have the right to convert and remit                       Union, or in third countries, including transport to
from the territory of the other Contracting Party to its home                           and from all airports with customs facilities, and
territory and, except where inconsistent with generally                                 including, where applicable, the right[s] to transport
applicable law or regulation, to the country or countries of its                        cargo in bond under applicable laws and regulations.
choice, on demand, local revenues. Conversion and remittance                            Such cargo, whether moving by surface or by air, shall
shall be permitted promptly without restrictions or taxation in                         have access to airport customs processing and facil­
respect thereof at the rate of exchange applicable to current                           ities. Air carriers may elect to perform their own
transactions and remittance on the date the carrier makes the                           surface transportation or to provide it through
initial application for remittance.                                                     arrangements with other surface carriers, including
                                                                                        surface transportation operated by other air carriers
6.     The air carriers of each Contracting Party shall be                              and indirect providers of cargo air transport. Such
permitted to pay for local expenses, including purchases of                             intermodal cargo services may be offered at a single,
 ---pagebreak--- L 334/10               EN                            Official Journal of the European Union                                          6.12.2012
           through price for the air and surface transportation              use by passengers in limited quantities during flight), and other
           combined, provided that shippers are not misled as to             items intended for or used solely in connection with the
           the facts concerning such transportation.                         operation or servicing of aircraft engaged in international air
                                                                             transport shall be exempt, on the basis of reciprocity, from all
                                                                             import restrictions, property taxes and capital levies, customs
Leasing                                                                      duties, excise taxes, and similar fees and charges that are (a)
                                                                             imposed by the national or local authorities or the European
9.     (a) The air carriers of each Contracting Party shall be               Union, and (b) not based on the cost of services provided,
           entitled to provide the agreed services using aircraft            provided that such equipment and supplies remain on board
           and crew leased from any air carrier, including from              the aircraft.
           third countries, provided that all participants in such
           arrangements meet the conditions prescribed under
           the laws and regulations normally applied by the                  2.     There shall also be exempt, on the basis of reciprocity,
           Contracting Parties to such arrangements.                         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:
       (b) Neither Contracting Party shall require the air carriers
           leasing out their equipment to hold traffic rights under
           this agreement.                                                   (a) aircraft stores introduced into or supplied in the territory of
                                                                                 a Contracting Party and taken on board, within reasonable
                                                                                 limits, for use on outbound aircraft of an air carrier of the
       (c) The leasing with crew (wet-leasing) by an air carrier of              other Contracting Party engaged in international air
           the Contracting Parties of an aircraft of an air carrier              transport, even when these stores are to be used on a
           of a third country, other than those mentioned in                     part of the journey performed over the said territory;
           Annex IV, in order to exploit the rights envisaged in
           this Agreement, shall remain exceptional or meet
           temporary needs. The wet-lease shall be submitted                 (b) ground equipment and spare parts (including engines)
           for prior approval of the licensing authority of the                  introduced into the territory of a Contracting Party for
           leasing air carrier and to the competent authority of                 the servicing, maintenance, or repair of aircraft of an air
           the other Contracting Party to where it is intended to                carrier of the other Contracting Party used in international
           operate the wet-leased aircraft.                                      air transport;
Franchising and Branding
                                                                             (c) fuel, lubricants and consumable technical supplies
10.      The air carriers of each Contracting Party shall be                     introduced into or supplied in the territory of a Contracting
entitled to enter into franchising or branding arrangements                      Party for use in an aircraft of an air carrier of the other
with companies, including air carriers, of either Contracting                    Contracting Party engaged in international air transport,
Party or third countries, provided that the air carriers hold                    even when these supplies are to be used on a part of the
the appropriate authority and meet the conditions prescribed                     journey performed over the said territory;
under the laws and regulations applied by the Contracting
Parties to such arrangements, particularly those requiring the
disclosure of the identity of the air carrier operating the service.         (d) printed matter, as provided for by the customs legislation of
                                                                                 each Contracting Party, introduced into or supplied in the
                                                                                 territory of one Contracting Party and taken on board for
Allocation of slots at airports                                                  use on outbound aircraft of an air carrier of the other
                                                                                 Contracting Party engaged in international air transport,
11.      The allocation of slots at the airports in the territories of           even when these stores are to be used on a part of the
the Contracting Parties shall be carried out in an independent,                  journey performed over the said territory; and
transparent and non-discriminatory manner. All the air carriers
will be treated on a fair and equal basis. In accordance with
Article 21(5) (The Joint Committee), a Contracting Party may                 (e) safety and security equipment for use at airports or cargo
request a meeting of the Joint Committee to seek to resolve any                  terminals.
question related to the application of the present paragraph.
                                                                             3.     Notwithstanding any other provision to the contrary,
                               Article 9                                     nothing in this Agreement shall prevent a Contracting Party
                                                                             from imposing taxes, levies, duties, fees or charges on fuel
                   Customs duties and charges                                supplied in its territory on a non-discriminatory basis for use
1.     On arriving in the territory of one Contracting Party,                in an aircraft of an air carrier that operates between two points
aircraft operated in international air transport by the air                  in its territory.
carriers of the other Contracting Party, their regular equipment,
fuel, lubricants, consumable technical supplies, ground
equipment, spare parts (including engines), aircraft stores                  4.     Equipment and supplies referred to in paragraphs 1 and 2
(including but not limited to such items of food, beverages                  of this Article may be required to be kept under the supervision
and liquor, tobacco and other products destined for sale to or               or control of the appropriate authorities.
 ---pagebreak--- 6.12.2012             EN                            Official Journal of the European Union                                           L 334/11
5.     The exemptions provided by this Article shall also be                bodies to exchange such information as may be necessary to
available where the air carriers of one Contracting Party have              permit an accurate review of the reasonableness of the charges
contracted with another air carrier, which similarly enjoys such            in accordance with the principles of paragraphs 1 and 2 of this
exemptions from the other Contracting Party, for the loan or                article. Each Contracting Party shall ensure the competent
transfer in the Territory of the other Contracting Party of the             charging authorities to provide users with reasonable notice of
items specified in paragraphs 1 and 2.                                      any proposal for changes in user charges to enable those auth­
                                                                            orities to consider the views expressed by the users before
                                                                            changes are made.
6.     Nothing in this Agreement shall prevent either
Contracting Party from imposing taxes, levies, duties, fees or              4.     Neither Contracting Party shall be held, in dispute
charges on goods sold other than for consumption on board                   resolution procedures pursuant to Article 22 (Dispute
to passengers during a sector of an air service between two                 Resolution and Arbitration) of this Agreement, to be in
points within its territory at which embarkation or disembar­               breach of a provision of this Article, unless (a) it fails to
kation is permitted.                                                        undertake a review of the charge or practice that is the
                                                                            subject of complaint by the other Contracting Party within a
                                                                            reasonable amount of time; or (b) following such a review it
7.     The stipulations of the present Agreement shall not affect           fails to take all steps within its power to remedy any charge or
the field of VAT, with the exception of turnover tax on imports.            practice that is inconsistent with this Article.
The provisions of the respective conventions in force between a
Member State and Jordan for the avoidance of double taxation
on income and on capital remain unaffected by this Agreement.                                            Article 11
                                                                                                           Pricing
                                                                            1.     The Contracting Parties shall permit prices to be freely
                             Article 10                                     established by the air carriers on the basis of free and fair
User Charges for Airports and Aviation Facilities and                       competition.
                             Services
1.     Each Contracting Party shall ensure that user charges that           2.     The Contracting Parties shall not require prices to be filed.
may be imposed by its competent charging authorities or bodies
on the air carriers of the other Contracting Party for the use of
air navigation and air traffic control services shall be just,
                                                                            3.     Discussions between competent authorities may be held to
reasonable, cost-related and not unjustly discriminatory. In
                                                                            discuss matters such as, but not limited to prices which may be
any event, any such user charges shall be assessed on the air
                                                                            unjust, unreasonable or discriminatory.
carriers of the other Contracting Party on terms not less
favourable than the most favourable terms available to any
other air carrier.
                                                                                                         Article 12
                                                                                                          Statistics
2.     Each Contracting Party shall ensure that user charges that           1.     Each Contracting Party shall provide to the other
may be imposed by its competent charging authorities or bodies              Contracting Party statistics that are required by domestic laws
on the air carriers of the other Contracting Party for the use of           and regulations, and, upon request, other available statistical
airport, aviation security and related facilities and services shall        information as may be reasonably required for the purpose of
be just, reasonable, not unjustly discriminatory, and equitably             reviewing the operation of the air services.
apportioned among categories of users. These charges may
reflect, but shall not exceed, the full cost to the competent
charging authorities or bodies of providing the appropriate
airport and aviation security facilities and services at that               2.     The Contracting Parties shall cooperate in the framework
airport or within that airport’s system. These charges may                  of the Joint Committee under Article 21 (The Joint Committee)
include a reasonable return on assets, after depreciation.                  of this Agreement to facilitate the exchange of statistical
Facilities and services for which user charges are made shall               information between them for the purpose of monitoring the
be provided on an efficient and economic basis. In any event,               development of air services under this Agreement.
these charges shall be assessed on the air carriers of the other
Contracting Party on terms not less favourable than the most
favourable terms available to any other air carrier at the time                                            TITLE II
the charges are assessed.
                                                                                               REGULATORY COOPERATION
                                                                                                         Article 13
3.     Each Contracting Party shall ensure consultations between                                      Aviation safety
the competent charging authorities or bodies in its territory and
the air carriers or their representative bodies using the services          1.     The Contracting Parties shall ensure that their legislation
and facilities, and shall ensure the competent charging auth­               delivers, at a minimum, the standards specified in Part A of
orities or bodies and the air carriers or their representative              Annex III, under the conditions set out hereafter.
 ---pagebreak--- L 334/12               EN                          Official Journal of the European Union                                           6.12.2012
2.     The Contracting Parties shall ensure that aircraft registered       civil aviation against acts of unlawful interference, and in
in one Contracting Party suspected of non-compliance with                  particular their obligations under the Chicago Convention, the
international aviation safety standards established pursuant to            Convention on Offences and Certain Other Acts Committed on
the Convention landing at airports open to international air               Board Aircraft, signed at Tokyo on 14 September 1963, the
traffic in the territory of the other Contracting Party shall be           Convention for the Suppression of Unlawful Seizure of Aircraft,
subject to ramp inspections by the competent authorities of that           signed at The Hague on 16 December 1970, the Convention for
other Contracting Party, on board and around the aircraft to               the Suppression of Unlawful Acts against the Safety of Civil
check both the validity of the aircraft documents and those of             Aviation, signed at Montreal on 23 September 1971, the
its crew and the apparent condition of the aircraft and its                Protocol for the Suppression of Unlawful Acts of Violence at
equipment.                                                                 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
3.     Either Contracting Party may request consultations at any
                                                                           on 1 March 1991, insofar as both Contracting Parties are
time concerning the safety standards maintained by the other
                                                                           parties to these conventions, as well as all other conventions
Contracting Party.
                                                                           and protocols relating to civil aviation security of which both
                                                                           Contracting Parties are parties.
4.     Either competent authorities of a Contracting Party may
take all appropriate and immediate measures whenever they
ascertain that an aircraft, a product or an operation may:
                                                                           3.     The Contracting Parties shall provide upon request all
                                                                           necessary assistance to each other to prevent acts of unlawful
(a) fail to satisfy the minimum standards established pursuant
                                                                           seizure of civil aircraft and other unlawful acts against the safety
     to the Convention, the legislation specified in Part A of
                                                                           of such aircraft, their passengers and crew, airports and air
     Annex III, or the equivalent Jordanian Legislation
                                                                           navigation facilities, and any other threat to the security of
     compliant with paragraph 1 of this Article, whichever is
                                                                           civil aviation.
     applicable;
(b) give rise to serious concerns — established through an
     inspection referred to in paragraph 2 — that an aircraft              4.     The Contracting Parties shall, in their mutual relations, act
     or the operation of an aircraft does not comply with the              in conformity with the aviation security Standards and, so far as
     minimum standards established pursuant to the Convention,             they are applied by them, the Recommended Practices estab­
     the legislation specified in Part A of Annex III, or the              lished by the International Civil Aviation Organisation (ICAO)
     equivalent Jordanian Legislation compliant with paragraph             and designated as Annexes to the Chicago Convention, to the
     1 of this Article, whichever is applicable; or                        extent that such security provisions are applicable to the
                                                                           Contracting Parties. Both Contracting Parties shall require that
                                                                           operators of aircraft of their registry, operators who have their
(c) give rise to serious concerns that there is a lack of effective
                                                                           principal place of business or permanent residence in their
     maintenance and administration of minimum standards
                                                                           territory, and the operators of airports in their territory, act in
     established pursuant to the Convention, the legislation
                                                                           conformity with such aviation security provisions.
     specified in Part A of Annex III, or the equivalent
     Jordanian Legislation compliant with paragraph 1 of this
     Article, whichever is applicable.
                                                                           5.     Each Contracting Party shall ensure that effective measures
5.     Where the competent authorities of one Contracting Party            are taken within its territory to protect aircraft, to screen
take action under paragraph 4, they shall promptly inform the              passengers and their carry-on items, and to carry out appro­
competent authorities of the other Contracting Party of taking             priate checks on crew, cargo (including hold baggage) and
such action, providing reasons for its action.                             aircraft stores prior to and during boarding or loading and
                                                                           that those measures are adjusted to meet increases in the
                                                                           threat. Each Contracting Party agrees that their air carriers
6.     Where measures taken in application of paragraph 4 are              may be required to observe the aviation security provisions
not discontinued even though the basis for taking them has                 referred to in paragraph 4 required by the other Contracting
ceased to exist, either Contracting Party may refer the matter             Party, for entrance into, departure from, or while within, the
to the Joint Committee.                                                    territory of that other Contracting Party.
                             Article 14
                        Aviation Security                                  6.     Each Contracting Party shall also act favourably upon any
                                                                           request from the other Contracting Party for reasonable special
1.     The Contracting Parties shall ensure that their legislation
                                                                           security measures to meet a particular threat. Except in case of
delivers, at a minimum, the standards specified in Part B of
                                                                           emergency, each Contracting Party will inform the other
Annex III to this Agreement, under the conditions set out here­
                                                                           Contracting Party in advance of any special security measures
after.
                                                                           it intends to introduce which could have a significant financial
                                                                           or operational impact on the air transport services provided
2.     The assurance of safety for civil aircraft, their passengers        under this Agreement. Either Contracting Party may request a
and crew being a fundamental pre-condition for the operation               meeting of the Joint Committee to discuss such security
of international air services, the Contracting Parties reaffirm            measures, as provided for in Article 21 (The Joint Committee)
their obligations to each other to provide for the security of             of this Agreement.
 ---pagebreak--- 6.12.2012             EN                         Official Journal of the European Union                                          L 334/13
7.     When an incident or threat of an incident of unlawful                 European Sky, in particular by establishing pertinent
seizure of civil aircraft or other unlawful acts against the                 national supervisory bodies at least functionally independent
safety of such aircraft, their passengers and crew, airports or              of air navigation service providers; and
air navigation facilities occurs, the Contracting Parties shall
assist each other by facilitating communications and other
appropriate measures intended to terminate rapidly and safely            (b) The European Union shall associate Jordan with relevant
such incident or threat thereof.                                             operational initiatives in the fields of air navigation
                                                                             services, airspace and interoperability that stem from the
                                                                             Single European Sky, in particular through the early
8.     Each Contracting Party shall take all measures it finds               involvement of Jordan’s efforts to establish functional
practicable to ensure that an aircraft subjected to an act of                airspace blocks, or through appropriate coordination on
unlawful seizure or other acts of unlawful interference which                SESAR.
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                                        Article 16
be taken on the basis of mutual consultations.
                                                                                                   Environment
9.     When a Contracting Party has reasonable grounds to                1.    The Contracting Parties recognise the importance of
believe that the other Contracting Party has departed from the           protecting the environment when developing and implementing
aviation security provisions of this Article, that Contracting           international aviation policy.
Party may request immediate consultations with the other
Contracting Party.
                                                                         2.    The Contracting Parties recognise the importance of
                                                                         working together, and within the framework of multilateral
10.      Without prejudice to Article 4 (Refusal, Revocation,            discussions, to consider the effects of aviation on the
Suspension, Limitation of Authorisations) of this Agreement,             environment and the economy, and to ensure that any miti­
failure to reach a satisfactory agreement within fifteen (15)            gating measures are fully consistent with the objectives of this
days from the date of such request shall constitute grounds to           Agreement.
withhold, revoke, limit or impose conditions on the operating
authorisation of one or more air carriers of such other
Contracting Party.                                                       3.    Nothing in this Agreement shall be construed to limit the
                                                                         authority of the competent authorities of a Contracting Party to
11.      When required by an immediate and extraordinary                 take all appropriate measures within its sovereign jurisdiction to
threat, a Contracting Party may take interim action prior to             prevent or otherwise address the environmental impacts of air
the expiry of fifteen (15) days.                                         transport provided that such measures are fully consistent with
                                                                         their rights and obligations under international law and are
                                                                         applied without distinction as to nationality.
12.      Any action taken in accordance with the paragraph 10
of this Article shall be discontinued upon compliance by the
other Contracting Party with the provisions of this Article.             4.    The Contracting Parties shall ensure that their legislation
                                                                         delivers the standards specified in Part D of Annex III to this
                                                                         Agreement.
                            Article 15
                    Air traffic management                                                           Article 17
1.     The Contracting Parties shall ensure that their legislation
delivers the standards specified in Part C of Annex III to this                               Consumer protection
Agreement, under the conditions set out hereafter.                       The Contracting Parties shall ensure that their legislation
                                                                         delivers the standards relating to air transport specified in Part
2.     The Contracting Parties commit themselves to the highest          E of Annex III to this Agreement.
degree of cooperation in the field of air traffic management
with a view to extending the Single European Sky to Jordan
                                                                                                     Article 18
in order to enhance current safety standards and overall effi­
ciency for general air traffic standards in Europe, to optimise                           Computer reservation systems
capacities and to minimise delays. To this purpose, an appro­
priate participation of Jordan to the single sky committee shall         The Contracting Parties shall ensure that their legislation
be ensured. The Joint Committee shall be responsible for moni­           delivers the standards specified in Part F of Annex III to this
toring and facilitating cooperation in the field of air traffic          Agreement.
management.
                                                                                                     Article 19
3.     With a view to facilitating the application of the Single
European Sky legislation in their territories:                                                    Social aspects
                                                                         The Contracting Parties shall ensure that their legislation
(a) Jordan shall take the necessary measures to adjust their air         delivers the standards relating to air transport specified in Part
     traffic management institutional structures to the Single           G of Annex III to this Agreement.
 ---pagebreak--- L 334/14              EN                         Official Journal of the European Union                                           6.12.2012
                             TITLE III                                   shall begin at the earliest possible date, but not later than two
                                                                         months from the date of receipt of the request, unless otherwise
                  INSTITUTIONAL PROVISIONS                               agreed by the Contracting Parties.
                            Article 20
                                                                         6.     For the purpose of the proper implementation of this
                Interpretation and enforcement                           Agreement, the Contracting Parties shall exchange information
1.     The Contracting Parties shall take all appropriate                and, at the request of either Contracting Party, shall hold
measures, whether general or particular, to ensure fulfilment            consultations within the Joint Committee.
of the obligations arising out of this Agreement and shall
refrain from any measures which would jeopardise attainment              7.     If, in the view of one of the Contracting Parties, a decision
of the objectives of this Agreement.                                     of the Joint Committee is not properly implemented by the
                                                                         other Contracting Party, the former may request that the issue
                                                                         be discussed by the Joint Committee. If the Joint Committee
2.     Each Contracting Party shall be responsible, in its own           cannot solve the issue within two months of its referral, the
territory, for the proper enforcement of this Agreement and              requesting Contracting Party may take appropriate safeguard
in particular the legislation that delivers the standards                measures under Article 23 (Safeguard Measures) of this
specified in Annex III to this Agreement.                                Agreement.
3.     Each Contracting Party shall give the other Contracting           8.     The decisions of the Joint Committee shall state the date
Party all necessary information and assistance in the case of            of its implementation in the Contracting Parties and any other
investigations on possible infringements which that other                information likely to concern economic operators.
Contracting Party carries out under its respective competences
as provided in this Agreement.                                           9.     Without prejudice to paragraph 2, if the Joint Committee
                                                                         does not take a decision on an issue which has been referred to
                                                                         it within six months of the date of referral, the Contracting
4.     Whenever the Contracting Parties act under the powers             Parties may take appropriate temporary safeguard measures
granted to them by this Agreement on matters which are of                under Article 23 (Safeguard Measures) of this Agreement.
interest to the other Contracting Party and which concern the
authorities or undertakings of the other Contracting Party, the
competent authorities of the other Contracting Party shall be            10.      The Joint Committee shall examine questions relating to
fully informed and given the opportunity to comment before a             bilateral investments of majority participation, or changes in the
final decision is taken.                                                 effective control of air carriers of the Contracting Parties.
                                                                         11.      The Joint Committee shall also develop cooperation by:
                            Article 21
                      The Joint Committee                                (a) fostering expert-level exchanges on new legislative or regu­
1.     A committee composed of representatives of the                        latory initiatives and developments, including in the fields of
Contracting Parties (hereinafter referred to as the Joint                    security, safety, the environment, aviation infrastructure
Committee) is hereby established, which shall be responsible                 (including slots), competitive environment and consumer
for the administration of this Agreement and shall ensure its                protection;
proper implementation. For this purpose, it shall make recom­
mendations and take decisions in the cases provided for in this          (b) regularly examining the social effects of this Agreement as it
Agreement.                                                                   is implemented, notably in the area of employment and
                                                                             developing appropriate responses to concerns found to be
                                                                             legitimate;
2.     The decisions of the Joint Committee shall be adopted by
consensus and shall be binding upon the Contracting Parties.
They will be put into effect by the Contracting Parties in               (c) considering potential areas for the further development of
accordance with their own rules.                                             this Agreement, including the recommendation of
                                                                             amendments to this Agreement; and
3.     The Joint Committee shall adopt, by a decision, its rules of      (d) agreeing, on the basis of consensus, proposals, approaches
procedure.                                                                   or documents of a procedural nature directly related to the
                                                                             functioning of this Agreement.
4.     The Joint Committee shall meet as and when necessary.
Either Contracting Party may request the convening of a                  12.      The Contracting Parties share the goal of maximising the
meeting.                                                                 benefits for consumers, airlines, labour, and communities by
                                                                         extending this Agreement to include third countries. To this
                                                                         end, the Joint Committee shall work to develop a proposal
5.     A Contracting Party may also request a meeting of the             regarding the conditions and procedures, including any
Joint Committee to seek to resolve any question relating to the          necessary amendments to this Agreement, that would be
interpretation or application of this Agreement. Such a meeting          required for third countries to accede to this Agreement.
 ---pagebreak--- 6.12.2012              EN                         Official Journal of the European Union                                         L 334/15
                             Article 22                                   limit, suspend or revoke the rights or privileges which it had
                                                                          granted under the terms of this Agreement from the
               Dispute Resolution and Arbitration                         Contracting Party at fault.
1.     Either Contracting Party may request the Association
Council established under the Association Agreement to
examine any dispute relating to the application or interpretation                                     Article 23
of this Agreement, having not been resolved in accordance with
                                                                                                Safeguard measures
Article 21 (The Joint Committee) of this Agreement.
                                                                          1.     The Contracting Parties shall take any general or specific
                                                                          measures required to fulfil their obligations under this
2.     The Association Council established under the Association          Agreement. They shall see to it that the objectives set out in
Agreement may settle the dispute by means of a decision.                  this Agreement are attained.
3.     The Contracting Parties shall take the necessary measures
                                                                          2.     If either Contracting Party considers that the other
to implement the decision referred to in paragraph 2.
                                                                          Contracting Party has failed to fulfil an obligation under this
                                                                          Agreement, it may take appropriate measures. Safeguard
4.     Should the Contracting Parties be unable to settle the             measures shall be restricted with regard to their scope and
dispute through the Joint Committee or in accordance with                 duration to what is strictly necessary in order to remedy the
paragraph 2, the dispute shall, at the request of either                  situation or maintain the balance of this Agreement. Priority
Contracting Party, be submitted to an arbitration panel of                shall be given to such measures as will least disturb the func­
three arbitrators in accordance with the procedure laid down              tioning of this Agreement.
hereafter:
                                                                          3.     A Contracting Party which is considering taking safeguard
(a) each Contracting Party shall appoint an arbitrator within             measures shall notify the other Contracting Parties through the
     sixty (60) days from the date of reception of the notification       Joint Committee and shall provide all relevant information.
     for the request for arbitration by the arbitration panel
     addressed by the other Contracting Party through
     diplomatic channels; the third arbitrator should be                  4.     The Contracting Parties shall immediately enter into
     appointed by the other two arbitrators within sixty (60)             consultations in the Joint Committee with a view to finding a
     additional days. If one of the Contracting Parties has not           commonly acceptable solution.
     appointed an arbitrator within the agreed period, or if the
     third arbitrator is not appointed within the agreed period,
     each Contracting Party may request the President of the              5.     Without prejudice to Articles 3(d) (Authorisation),
     Council of the ICAO to appoint an arbitrator or arbitrators,         Article 4(d) (Refusal, Revocations, Suspension, Limitation of
     whichever is applicable;                                             Authorisation) and Articles 13 (Aviation safety) and 14
                                                                          (Aviation security) of this Agreement, the Contracting Party
                                                                          concerned shall not take safeguard measures until one month
(b) the third arbitrator appointed under the terms of paragraph           has elapsed after the date of notification under paragraph 3,
     a) above should be a national of a third State and shall act         unless the consultation procedure under paragraph 4 has been
     as a President of the arbitration panel;                             concluded before the expiration of the stated time limit.
(c) the arbitration panel shall agree its rules of procedure; and
                                                                          6.     The Contracting Party concerned shall, without delay,
                                                                          notify the measures taken to the Joint Committee and shall
(d) subject to the final decision of the arbitration panel, the           provide all relevant information.
     initial expenses of the arbitration shall be shared equally
     by the Contracting Parties.
                                                                          7.     Any action taken under the terms of this Article shall be
                                                                          suspended, as soon as the Contracting Party at fault satisfies the
5.     At the request of a Contracting Party and pending the              provisions of this Agreement.
final decision of the arbitration panel, the arbitration panel
may order the other Contracting Party to implement interim
relief measures.                                                                                      Article 24
                                                                                     Geographic extension of the Agreement
6.     Any provisional decision or final decision of the
arbitration panel shall be binding upon the Contracting Parties.          The Contracting Parties commit to conduct a continuous
                                                                          dialogue to ensure the coherence of this Agreement with the
                                                                          Barcelona process and aim, as an ultimate goal, a common Euro
7.     If one of the Contracting Parties does not act in                  Mediterranean Aviation Area. Therefore, the possibility of
conformity with a decision of the arbitration panel taken                 mutually agreeing amendments to take into account similar
under the terms of this Article within thirty (30) days from              Euro Mediterranean Aviation agreements shall be explored
the notification of the aforementioned decision, the other                within the Joint Committee in accordance with paragraph 11
Contracting Party may, for as long as this failure endures,               of Article 21 (The Joint Committee).
 ---pagebreak--- L 334/16              EN                           Official Journal of the European Union                                         6.12.2012
                            Article 25                                     proper functioning of this Agreement is being drawn up by one
                                                                           of the Contracting Parties, it shall inform and consult the other
              Relationship to other Agreements                             Contracting Party as closely as possible. At the request of one of
1.    The provisions of this Agreement supersede the relevant              the Contracting Parties, a preliminary exchange of views may
provisions of existing bilateral agreements between Jordan and             take place in the Joint Committee.
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,                 5.     As soon as a Contracting Party has adopted new legis­
provided that there is no discrimination between air carriers              lation or an amendment to its legislation in the field of air
of the European Union on the basis of nationality.                         transport or an associated area mentioned in Annex III that
                                                                           could impact the proper functioning of this Agreement, it
                                                                           shall inform the other Contracting Party not later than thirty
                                                                           days after its adoption. Upon the request of any Contracting
2.    Notwithstanding Paragraph 1 of this Article, and subject             Party, the Joint Committee shall within sixty days thereafter
to Article 27 (Termination), if this Agreement is terminated or            hold an exchange of views on the implications of such new
ceases to be provisionally applied, the regime applicable to air           legislation or amendment for the proper functioning of this
services between the Contracting Parties’ respective territories           Agreement.
may be agreed by them prior to termination.
                                                                           6.     Following the exchanges of view referred to in paragraph
3.    If the Contracting Parties become parties to a multilateral          5 above, the Joint Committee shall:
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               (a) adopt a decision revising Annex III of this Agreement so as
determine whether this Agreement should be revised to take                      to integrate therein, if necessary on a basis of reciprocity,
into account such developments.                                                 the new legislation or amendment in question;
                                                                           (b) adopt a decision to the effect that the new legislation or
4.    This Agreement shall be without prejudice to any decision
                                                                                amendment in question shall be regarded as in accordance
by the two Contracting Parties to implement future recommen­
                                                                                with this Agreement; or
dations that may be made by the ICAO. The Contracting Parties
shall not cite this Agreement, or any part of it, as the basis for
opposing consideration in the ICAO of alternative policies on
any matter covered by this Agreement.                                      (c) recommend any other measures, to be adopted within a
                                                                                reasonable period of time, to safeguard the proper func­
                                                                                tioning of this Agreement.
                            Article 26
                          Amendments                                                                     Article 27
1.    If one of the Contracting Parties wishes to amend the                                           Termination
provisions of this Agreement, it shall notify the Joint
                                                                           1.     This Agreement is concluded for an unlimited period.
Committee accordingly. The amendment to this Agreement
shall enter into force after completion of the respective
internal procedures of each contracting party.
                                                                           2.     Either Contracting Party may, at any time, give notice in
                                                                           writing through diplomatic channels to the other Contracting
                                                                           Party of its decision to terminate this Agreement. Such notice
2.    The Joint Committee may, upon the proposal of one                    shall be sent simultaneously to ICAO. This Agreement shall
Contracting Party and in accordance with this Article, decide              terminate at midnight GMT at the end of the IATA traffic
to modify the Annexes to this Agreement.                                   season in effect one year following the date of written notifi­
                                                                           cation of termination, unless:
3.    This Agreement shall be without prejudice to the right of
                                                                           (a) the notice is withdrawn by agreement of the Contracting
each Contracting Party, subject to compliance with the principle
                                                                                Parties before the expiry of this period; or
of non-discrimination 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.
                                                                           (b) the Contracting Party other than the one giving the notice
                                                                                for termination requests a longer period of time, not
                                                                                exceeding 18 months, in order to ensure satisfactory
4.    As soon as new legislation in the field of air transport or               negotiation of the subsequent regime applicable to air
an associated area covered by Annex III that could impact the                   services between their respective territories.
 ---pagebreak--- 6.12.2012            EN                          Official Journal of the European Union                                          L 334/17
                            Article 28                                   communications from each Member State confirming that its
                                                                         necessary procedures for entry into force of this Agreement
Registration with the International Civil Aviation                       have been completed.
       Organisation and the United Nations Secretariat
                                                                         2.     Notwithstanding Paragraph 1 of this Article, the
This Agreement and all amendments thereto shall be registered            Contracting Parties agree to provisionally apply this
with the ICAO and with the UN Secretariat.                               Agreement from the first day of the month following the
                                                                         earliest of (i) the date of the latest note of which the Parties
                                                                         have notified each other of the completion of the procedures
                            Article 29                                   necessary to provisionally apply this Agreement, or (ii) subject
                        Entry into force                                 to the internal procedures and/or domestic legislation, as appli­
                                                                         cable, of the Contracting Parties, the date that falls 12 months
1.     This Agreement shall enter into force one month after the         from the date of signature of this Agreement.
date of the last note in an exchange of diplomatic notes
between the Contracting Parties confirming that all necessary
procedures for entry into force of this Agreement have been              IN WITNESS WHEREOF, the undersigned, being duly authorised,
completed. For purposes of this exchange, the Hashemite                  have signed this Agreement.
Kingdom of Jordan shall deliver to the General Secretariat of
the Council of the European Union its diplomatic note to the             Done at Brussels on the fifteenth day of December in the year
European Union and its Member States, and the General Secre­             two thousand and ten, in duplicate, in the Bulgarian, Czech,
tariat of the Council of the European Union shall deliver to the         Danish, Dutch, English, Estonian, Finnish, French, German,
Hashemite Kingdom of Jordan the diplomatic note from the                 Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish,
European Union and its Member States. The diplomatic note                Portuguese, Romanian, Slovak, Slovene, Spanish, Swedish and
from the European Union and its Member States shall contain              Arabic languages, each text being equally authentic.
 ---pagebreak--- L 334/18          EN                           Official Journal of the European Union                                       6.12.2012
         Voor het Koninkrijk België
         Pour le Royaume de Belgique
         Für das Königreich Belgien
         Deze handtekening verbindt eveneens het Vlaamse Gewest, het Waalse Gewest en het Brussels Hoofdstedelijk Gewest.
         Cette signature engage égalament la Région wallonne, la Région flamande et la Région de Bruxelles-Capitale.
         Diese Unterschrift bindet zugleich die Wallonische Region, die Flämische Region und die Region Brüssel-Hauptstadt.
         За Република България
         Za Českou republiku
         På Kongeriget Danmarks vegne
         Für die Bundesrepublik Deutschland
 ---pagebreak--- 6.12.2012         EN                   Official Journal of the European Union L 334/19
          Eesti Vabariigi nimel
          Thar cheann Na hÉireann
          For Ireland
          Για την Ελληνική Δημοκρατία
          Por el Reino de España
          Pour la République française
          Per la Repubblica italiana
 ---pagebreak--- L 334/20         EN                    Official Journal of the European Union 6.12.2012
         Για την Κυπριακή Δημοκρατία
         Latvijas Republikas vārdā –
         Lietuvos Respublikos vardu
         Pour le Grand-Duché de Luxembourg
         A Magyar Köztársaság részéről
 ---pagebreak--- 6.12.2012        EN                        Official Journal of the European Union L 334/21
          Għal Malta
          Voor het Koninkrijk der Nederlanden
          Für die Republik Österreich
          W imieniu Rzeczypospolitej Polskiej
          Pela República Portuguesa
 ---pagebreak--- L 334/22        EN                       Official Journal of the European Union 6.12.2012
         Pentru România
         Za Republiko Slovenijo
         Za Slovenskú republiku
         Suomen tasavallan puolesta
         För Republiken Finland
         För Konungariket Sverige
         For the United Kingdom of Great Britain and Northern Ireland
 ---pagebreak--- 6.12.2012        EN                   Official Journal of the European Union L 334/23
          За Европейския съюз
          Por la Unión Europea
          Za Evropskou unii
          For Den Europæiske Union
          Für die Europäische Union
          Euroopa Liidu nimel
          Για την Ευρωπαϊκή Ένωση
          For the European Union
          Pour l'Union européenne
          Per l'Unione europea
          Eiropas Savienības vārdā –
          Europos Sąjungos vardu
          Az Európai Unió részéről
          Għall-Unjoni Ewropea
          Voor de Europese Unie
          W imieniu Unii Europejskiej
          Pela União Europeia
          Pentru Uniunea Europeană
          Za Európsku úniu
          Za Evropsko unijo
          Euroopan unionin puolesta
          För Europeiska unionen
 ---pagebreak--- L 334/24          EN                              Official Journal of the European Union                                            6.12.2012
                                                                   ANNEX I
                                             AGREED SERVICES AND SPECIFIED ROUTES
         1. This Annex is subject to the transitional provisions contained in Annex II to this Agreement.
         2. Each Contracting Party grants to the air carriers of the other Contracting Party the rights to provide air transport
            services on the routes specified hereunder:
            (a) for air carriers of the European Union: Points in the European Union — One or more intermediate points in
                Euromed countries, ECAA countries, or countries listed in Annex IV — One or more points in Jordan;
            (b) for air carriers of Jordan: Points in Jordan — One or more intermediate points in Euromed countries, ECAA
                countries or countries listed in Annex IV — One or more points in the European Union.
         3. The services operated, according to paragraph 2 of the present Annex, shall originate or terminate in the territory of
            Jordan, for Jordan air carriers, and in the territory of the European Union for Community air carriers.
         4. The air carriers of each Contracting Party may on any or all flights and at their option:
            (a) operate flights in either or both directions;
            (b) combine different flight numbers within one aircraft operation;
            (c) serve intermediate, as specified in paragraph 2 of this Annex, and points in the territories of the Contracting
                Parties in any combination and in any order;
            (d) omit stops at any point or points;
            (e) transfer traffic from any of its aircraft to any of its other aircraft at any point;
            (f) make stopovers at any points whether within or outside the territory of either Contracting Party;
            (g) carry transit traffic through the other Contracting Party’s territory; and
            (h) combine traffic on the same aircraft regardless of where such traffic originates.
         5. Each Contracting Party shall allow each air carrier to determine the frequency and capacity of the international air
            transport it offers based upon commercial considerations in the marketplace. Consistent with this right, neither
            Contracting Party shall unilaterally limit the volume of traffic, frequency or regularity of service, or the aircraft
            type or types operated by the air carriers of the other Contracting Party, except for customs, technical, operational,
            environmental, protection of health reasons.
         6. The air carriers of each Contracting Party may serve, notably but not exclusively within the framework of code share
            arrangements, any points located in a third country that is not included on the specified routes, provided that they do
            not exercise 5th freedom rights.
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                                                                    ANNEX II
                                                        TRANSITIONAL PROVISIONS
          1. The implementation and application of all the provisions of this Agreement, especially the standards specified in
             Annex III, except part B of that Annex, shall be verified by an evaluation under the responsibility of the European
             Union and shall be approved by a decision of the Joint Committee. Such an evaluation shall be conducted on the
             earliest of (i) the date on which Jordan notifies the Joint Committee of its fulfilment of the harmonisation process
             based on Annex III of this Agreement, or (ii) one year after the entry into force of this Agreement.
          2. Notwithstanding the provisions of Annex I, 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, the right for the
             air carriers of all Contracting Parties to exercise 5th freedom rights, including for the air carriers of Jordan between
             points within the territory of the European Union. However, all traffic rights already granted by one of the bilateral
             agreements between Jordan and the Member States of the European Union can continue to be exercised insofar as
             there is no discrimination between air carriers of the European Union on the basis of nationality.
          3. Notwithstanding paragraph 1 of this Annex, the implementation and application of the security standards specified in
             part B of Annex III shall be verified by an evaluation under the responsibility of the European Union and shall be
             approved by a decision of the Joint Committee. The confidential parts of the security legislation indicated in Part B of
             Annex III will be shared with Jordan only once such a decision is adopted.
          4. All Air Carriers of both Contracting Parties shall benefit from the right provided in Article 8 paragraph 3(a)(i) (‘self-
             handling’) at the Queen Alia International Airport on 1 January 2016 at the latest. In the meantime, all ground-
             handling services at that airport shall be available on an equal and non-discriminatory basis to all air carriers; prices of
             such services shall not exceed their full cost including a reasonable return on assets, after depreciation.
 ---pagebreak--- L 334/26         EN                               Official Journal of the European Union                                             6.12.2012
                                                                  ANNEX III
                                                    LIST OF CIVIL AVIATION RULES
         A. 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) No 3922/91 on the harmonisation of technical requirements and administrative
                procedures in the field of civil aviation,
            — Regulation (EC) No 1592/2002 of the European Parliament and of the Council of 15 July 2002 on common rules
                in the field of civil aviation and establishing a European Aviation Safety Agency
            Applicable provisions: Articles 1 to 10, 12 to 13 with the exception of Article 4, paragraph 1 and Article 8 paragraph
            2, sentence 2, Annexes I, II and III. As regards the application of Article 12 ‘Member States’ shall read ‘Member States
            of the European Union’.
            — Regulation (EC) No 1899/2006 of the European Parliament and of the Council of 12 December 2006 amending
                Council Regulation (EEC) No 3922/91 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 to 13 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
            No 94/56
            Council Directive 94/56/EC of 21 November 1994 establishing the fundamental principles governing the investi­
            gations of civil aviation accidents and incidents
            Applicable provisions: Articles 1 to 12
            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
 ---pagebreak--- 6.12.2012         EN                               Official Journal of the European Union                                          L 334/27
             No 1702/2003
             Commission Regulation (EC) No 1702/2003 of 24 September 2003 laying down implementing rules for the
             airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for
             the certification of design and production organisations as amended by:
             — Commission Regulation (EC) No 381/2005 of 7 March 2005 amending Regulation (EC) No 1702/2003 laying
                 down implementing rules for the airworthiness and environmental certification of aircraft and related products,
                 parts and appliances, as well as for the certification of design and production organisations,
             — 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)
             Applicable provisions: Articles 1 to 4, Annex. The transitional periods referred to in this Regulation shall be
             determined by the Joint Committee.
             No 2042/2003
             Commission Regulation (EC) No 2042/2003 of 20 November 2003 on the continuing airworthiness of aircraft and
             aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these
             tasks
             Applicable provisions: Articles 1 to 6, Annexes I to IV
             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
             Applicable provisions: Articles 1 to 6, Annexes I to IV
          B. AVIATION SECURITY
             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, Article 24(2)-(3), Annex
             No 820/2008
             Commission Regulation (EC) No 820/2008 of 8 August 2008 laying down measures for the implementation of the
             common basic standards on aviation security
             Applicable provisions: Articles 1 to 6, Annex, Attachment 1
             No 1217/2003
             Commission Regulation (EC) No 1217/2003 of 4 July 2003 laying down common specifications for national civil
             aviation security quality control programmes
             Applicable provisions: Articles 1 to 11, Annexes I and II
 ---pagebreak--- L 334/28         EN                               Official Journal of the European Union                                         6.12.2012
            No 1486/2003
            Commission Regulation (EC) No 1486/2003 of 22 August 2003 laying down procedures for conducting Commission
            inspections in the field of civil aviation security
            Applicable provisions: Articles 1 to 16
            No 1138/2004
            Commission Regulation (EC) No 1138/2004 of 21 June 2004 establishing a common definition of critical parts of
            security restricted areas at airports
            Applicable provisions: Articles 1 to 8
         C. 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
            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 inter­
            operability of the European Air Traffic Management network (the interoperability Regulation)
            Applicable provisions: Articles 1 to 12
            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) No 2096/2005
            Applicable provisions: Articles 1 to 9, Annexes I to V
            — 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 2150/2005
            Commission Regulation (EC) No 2150/2005 of 23 December 2005 laying down common rules for the flexible use of
            airspace
            Applicable provisions: Articles 1 to 9, Annex
            No 1794/2006
            Commission regulation (EC) No 1794/2006 of 6 December 2006 laying down a common charging scheme for air
            navigation services
            Applicable provisions: Articles 1 to 17, Articles 18 to 19, Annexes I to VI
         D. 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 (1988)
            Applicable provisions: Articles 1 to 6 and Annexes I and II
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             No 2002/30
             Directive 2002/30/EC of the European Parliament and of the Council of 26 March 2002 on the establishment of rules
             and procedures with regard to the introduction of noise-related operating restrictions at Community airports
             Applicable provisions: Articles 1 to 15, Annexes I and II
             No 2002/49
             Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and
             management of environmental noise
             Applicable provisions: Articles 1 to 16, Annexes I to IV
          E. 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 93/13
             Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts
             Applicable provisions: Articles 1 to 10 and Annex
             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
          F. COMPUTER RESERVATION SYSTEMS
             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
          G. SOCIAL ASPECTS
             No 1989/391
             Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the
             safety and health of workers at work
             Applicable provisions: Articles 1 to 16, and 18-19
 ---pagebreak--- L 334/30         EN                              Official Journal of the European Union                                       6.12.2012
            No 2003/88
            Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects
            of the organisation of working time
            Applicable provisions: Articles 1 to 19, 21 to 24 and 26 to 29
            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 Air carriers (AEA), the
            European Transport Workers’ Federation (ETF), the European Cockpit Association (ECA), the European Regions Air
            carrier Association (ERA) and the International Air Carrier Association (IACA)
                                                                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).