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Document 02006A1016(01)-20190901
Decision of the Council and of the Representatives of the Member States of the European Union meeting within the Council of 9 June 2006 on the signature and provisional application of the Multilateral Agreement between the European Community and its Member States, the Republic of Albania, Bosnia and Herzegovina, the Republic of Bulgaria, the Republic of Croatia, the former Yugoslav Republic of Macedonia, the Republic of Iceland, the Republic of Montenegro, the Kingdom of Norway, Romania, the Republic of Serbia and the United Nations Interim Administration Mission in Kosovo on the Establishment of a European Common Aviation Area (ECAA) (2006/682/EC)
Consolidated text: Decision of the Council and of the Representatives of the Member States of the European Union meeting within the Council of 9 June 2006 on the signature and provisional application of the Multilateral Agreement between the European Community and its Member States, the Republic of Albania, Bosnia and Herzegovina, the Republic of Bulgaria, the Republic of Croatia, the former Yugoslav Republic of Macedonia, the Republic of Iceland, the Republic of Montenegro, the Kingdom of Norway, Romania, the Republic of Serbia and the United Nations Interim Administration Mission in Kosovo on the Establishment of a European Common Aviation Area (ECAA) (2006/682/EC)
Decision of the Council and of the Representatives of the Member States of the European Union meeting within the Council of 9 June 2006 on the signature and provisional application of the Multilateral Agreement between the European Community and its Member States, the Republic of Albania, Bosnia and Herzegovina, the Republic of Bulgaria, the Republic of Croatia, the former Yugoslav Republic of Macedonia, the Republic of Iceland, the Republic of Montenegro, the Kingdom of Norway, Romania, the Republic of Serbia and the United Nations Interim Administration Mission in Kosovo on the Establishment of a European Common Aviation Area (ECAA) (2006/682/EC)
ELI: http://data.europa.eu/eli/agree_internation/2006/682/2019-09-01
02006A1016(01) — EN — 01.09.2019 — 001.001
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DECISION OF THE COUNCIL AND OF THE REPRESENTATIVES OF THE MEMBER STATES OF THE EUROPEAN UNION MEETING WITHIN THE COUNCIL of 9 June 2006 on the signature and provisional application of the Multilateral Agreement between the European Community and its Member States, the Republic of Albania, Bosnia and Herzegovina, the Republic of Bulgaria, the Republic of Croatia, the former Yugoslav Republic of Macedonia, the Republic of Iceland, the Republic of Montenegro, the Kingdom of Norway, Romania, the Republic of Serbia and the United Nations Interim Administration Mission in Kosovo on the Establishment of a European Common Aviation Area (ECAA) (OJ L 285 16.10.2006, p. 3) |
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DECISION No 1/2019 OF THE ECAA JOINT COMMITTEE of 31 July 2019 |
L 211 |
4 |
12.8.2019 |
MULTILATERAL AGREEMENT
between the European Community and its Member States, the Republic of Albania, Bosnia and Herzegovina, the Republic of Bulgaria, the Republic of Croatia, the former Yugoslav Republic of Macedonia, the Republic of Iceland, the Republic of Montenegro, the Kingdom of Norway, Romania, the Republic of Serbia and the United Nations Interim Administration Mission in Kosovo ( 1 ) on the establishment of a European Common Aviation Area
THE KINGDOM OF BELGIUM,
THE CZECH REPUBLIC,
THE KINGDOM OF DENMARK,
THE FEDERAL REPUBLIC OF GERMANY,
THE REPUBLIC OF ESTONIA,
THE HELLENIC REPUBLIC,
THE KINGDOM OF SPAIN,
THE FRENCH REPUBLIC,
IRELAND,
THE ITALIAN REPUBLIC,
THE REPUBLIC OF CYPRUS,
THE REPUBLIC OF LATVIA,
THE REPUBLIC OF LITHUANIA,
THE GRAND DUCHY OF LUXEMBOURG,
THE REPUBLIC OF HUNGARY,
THE REPUBLIC OF MALTA,
THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA,
THE REPUBLIC OF POLAND,
THE PORTUGUESE REPUBLIC,
THE REPUBLIC OF SLOVENIA,
THE SLOVAK REPUBLIC,
THE REPUBLIC OF FINLAND,
THE KINGDOM OF SWEDEN,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
hereinafter referred to as ‘EC Member States’, and
THE EUROPEAN COMMUNITY, hereinafter referred to as ‘the Community’ or ‘the European Community’, and
THE REPUBLIC OF ALBANIA,
BOSNIA AND HERZEGOVINA,
THE REPUBLIC OF BULGARIA,
THE REPUBLIC OF CROATIA,
THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA,
THE REPUBLIC OF ICELAND,
THE REPUBLIC OF MONTENEGRO,
THE KINGDOM OF NORWAY,
ROMANIA
THE REPUBLIC OF SERBIA, and
THE UNITED NATIONS INTERIM ADMINISTRATION IN KOSOVO,
all the abovementioned hereinafter referred to together as ‘the Contracting Parties’.
RECOGNISING the integrated character of international civil aviation and desiring to create a European Common Aviation Area (ECAA) based on mutual market access to the air transport markets of the Contracting Parties and freedom of establishment, with equal conditions of competition, and respect of the same rules — including in the areas of safety, security, air traffic management, social harmonisation and environment;
CONSIDERING that the rules concerning the ECAA are to apply on a multilateral basis within the ECAA and therefore specific rules need to be defined in this respect;
AGREEING that it is appropriate to base the ECAA rules on the relevant legislation in force within the European Community, as laid down in Annex I to this Agreement, without prejudice to those contained in the Treaty Establishing the European Community;
RECOGNISING that full compliance with the ECAA rules entitle the Contracting Parties to reap the benefits from the ECAA, including market access;
BEARING IN MIND that compliance with the ECAA rules, including full market access, cannot be achieved in one step, but rather by means of a transition facilitated by specific arrangements of limited duration;
EMPHASISING that, subject to transitional arrangements where necessary, the rules concerning market access of air carriers should exclude limitations on frequencies, capacity, air routes, type of aircraft or similar restrictions under bilateral air transport agreements or arrangements, and that air carriers should not be required to enter into commercial agreements or similar arrangements as a condition to market access;
EMPHASISING that air carriers should be treated in a non-discriminatory manner regarding their access to air transport infrastructures especially where these infrastructures are limited;
BEARING IN MIND that Association Agreements between the European Communities and their Member States and certain other Contracting Parties as a matter of principle provide that, with a view to ensuring a coordinated development and progressive liberalisation of transport between the Parties to those Agreements as adapted to reciprocal commercial needs, the conditions of mutual market access in air transport should be dealt with by special agreements;
BEARING IN MIND the desire of each of the Associated Parties to make its laws on air transport and associated matters compatible with those of the European Community, including with regard to future legislative developments within the Community;
RECOGNISING the importance of technical assistance in this perspective;
RECOGNISING that the relations between the Community and the EC Member States and Norway and Iceland must continue to be governed by the European Economic Area Agreement;
DESIRING to allow for subsequent enlargement of the European Common Aviation Area;
RECALLING the negotiations between the European Community and the Associated Parties with a view to concluding Agreements on Certain Aspects of Air Services which will bring bilateral air service agreements between the EC Member States and the Associated Parties in line with European Community law,
HAVE AGREED AS FOLLOWS:
OBJECTIVES AND PRINCIPLES
Article 1
Article 2
For the purposes of this Agreement:
the term ‘Agreement’ means the Main Agreement, its Annexes, the acts referred to in Annex I as well as its Protocols;
the term ‘Associated Party’ means the Republic of Albania, Bosnia and Herzegovina, the Republic of Bulgaria, the Republic of Croatia, the former Yugoslav Republic of Macedonia, the Republic of Montenegro, Romania, the Republic of Serbia, or any other State or entity that shall have become a party to this Agreement pursuant to Article 32;
an ‘additional Associated Party’ or ‘UNMIK’ means the United Nations Interim Administration Mission in Kosovo pursuant to UN Security Council Resolution 1244 of 10 June 1999;
the term ‘Contracting Party’ means, concerning the Community and the EC Member States, the Community and the EC Member States, or the Community, or the EC Member States. The meaning to be attributed to this expression in each case is to be deduced from the relevant provisions of this Agreement and from the respective competences of the Community and the EC Member States as they follow from the EC Treaty;
the term ‘ECAA Partner’ means an Associated Party, Norway or Iceland;
the term ‘EC Treaty’ means the Treaty Establishing the European Community;
the term ‘EEA Agreement’ means the Agreement on the European Economic Area and its Protocols and Annexes signed on 2 May 1992 and to which the European Community, its Member States, Iceland, Liechtenstein and Norway are parties;
the term ‘Association Agreement’ means each of such Agreements establishing an association between the European Community, or between the European Community and its Member States, on the one hand, and the respective Associated Party, on the other hand;
the term ‘ECAA air carrier’ means an air carrier, which is licensed as provided for by this Agreement in accordance with the provisions of the relevant acts specified in Annex I;
the term ‘Competent Civil Aviation Authority’ means a government agency or entity that exercises a legal right to assess conformity of, to certify and control the use or sale of products or services or licences within a Contracting Party's jurisdiction and may take enforcement action to ensure that products or services marketed within its jurisdiction comply with legal requirements;
the term ‘Convention’ means the Convention on International Civil Aviation, opened for signature at Chicago on 7 December 1944, and the amendments and Annexes thereto;
the term ‘SESAR’ means the technical implementation of the Single European Sky which provides a coordinated and synchronised research, development and deployment of the new generations of ATM systems;
the term ‘ATM Master Plan’ (Air Traffic Management Master Plan) means the starting point of SESAR;
the term ‘EC Member State’ means a Member State of the European Community.
Article 3
The applicable provisions of Acts referred to or contained either in Annex I, adapted in accordance with Annex II, or in decisions of the Joint Committee shall be binding upon the Contracting Parties and be, or be made, part of their internal legal order as follows:
an act corresponding to a European Community Regulation shall be made part of the internal legal order of the Contracting Parties;
an act corresponding to a European Community Directive shall leave to the authorities of the Contracting Parties the choice of form and method of implementation.
Article 4
The Contracting Parties shall take all appropriate measures, whether general or particular, to ensure fulfilment of the obligations arising out of this Agreement and shall abstain from any measure which could jeopardise the attainment of the objectives of this Agreement.
Article 5
The provisions of this Agreement shall not affect the relations between the Contracting Parties of the EEA Agreement.
NON-DISCRIMINATION
Article 6
Within the scope of this Agreement, and without prejudice to any special provisions contained therein, any discrimination on grounds of nationality shall be prohibited.
RIGHT OF ESTABLISHMENT
Article 7
Within the scope and conditions of this Agreement and without prejudice to the provisions of the relevant acts specified in Annex I, there shall be no restrictions on the freedom of establishment of nationals of an EC Member State or an ECAA Partner in the territory of any of them. Freedom of establishment shall include the right to take up and pursue activities as self-employed persons and to set up and manage undertakings, in particular companies or firms under the conditions laid down for its own nationals by the law of the country where such establishment is effected. This shall also apply to the setting up of agencies, branches or subsidiaries by nationals of any EC Member State or ECAA Partner established in the territory of any of them.
Article 8
Article 9
Article 10
AVIATION SAFETY
Article 11
Nothing in this Agreement shall be construed so as to limit the authority of a Competent Civil Aviation Authority to take all appropriate and immediate measures whenever it ascertains that a product or a service may:
fail to satisfy the minimum standards which may be established pursuant to the Convention, or
give rise to serious concerns — established through an inspection referred to in paragraph 1 — that an aircraft or the operation of an aircraft does not comply with the minimum standards established pursuant to the Convention, or
give rise to serious concerns that there is a lack of effective maintenance and administration of minimum standards established pursuant to the Convention.
AVIATION SECURITY
Article 12
AIR TRAFFIC MANAGEMENT
Article 13
With a view to facilitating the application of the Single European Sky legislation in their territories,
COMPETITION
Article 14
ENFORCEMENT
Article 15
INTERPRETATION
Article 16
NEW LEGISLATION
Article 17
The Joint Committee shall:
either adopt a decision revising Annex I so as to integrate therein, if necessary on a basis of reciprocity, the new legislation or amendment in question; or
adopt a decision to the effect that the new legislation or amendment in question is to be regarded as in accordance with this Agreement; or
decide on any other measures to safeguard the proper functioning of this Agreement.
JOINT COMMITTEE
Article 18
Article 19
DISPUTE SETTLEMENT
Article 20
SAFEGUARD MEASURES
Article 21
Without prejudice to Article 11(3) and the safety and security assessments mentioned in the Protocols to this Agreement, safeguard measures shall be restricted with regard to their scope and duration to what is strictly necessary in order to remedy the situation. Priority shall be given to such measures as will least disturb the functioning of this Agreement.
Article 22
DISCLOSURE OF INFORMATION
Article 23
The representatives, delegates and experts of the Contracting Parties, as well as officials and other servants acting under this Agreement, shall be required, even after their duties have ceased, not to disclose information covered by the obligation of professional confidentiality, in particular information about undertakings, their business relations or their cost components.
THIRD COUNTRIES AND INTERNATIONAL ORGANISATIONS
Article 24
The Contracting Parties shall consult with each other in the framework of the Joint Committee at the request of any Contracting Party, in accordance with the procedures laid out in Articles 25 and 26,
on air transport questions dealt with in international organisations; and
on various aspects of possible developments in relations between Contracting Parties and third countries in air transport, and on the functioning of the significant elements of bilateral or multilateral agreements concluded in this field.
Article 25
The main aims of the consultations provided for in Article 24(1)(a) shall be:
to determine jointly whether the questions raise problems of common interest; and
depending upon the nature of such problems:
Article 26
The main aims of the consultations provided for in Article 24(1)(b) shall be to examine the relevant issues and to consider any approach which might be appropriate.
TRANSITIONAL ARRANGEMENTS
Article 27
RELATIONSHIP WITH BILATERAL AIR TRANSPORT AGREEMENTS AND ARRANGEMENTS
Article 28
ENTRY INTO FORCE, REVIEW, TERMINATION AND OTHER PROVISIONS
Article 29
Entry into force
Article 30
Review
This Agreement shall be reviewed at the request of any Contracting Party and at any event five years after its entry into force.
Article 31
Termination
Article 32
Enlargement of the ECAA
The European Community may ask any State or entity which is prepared to make its laws on air transport and associated matters compatible with those of the Community, and with which the Community has established or is establishing a framework of close economic cooperation, such as an Association Agreement, to participate in the ECAA. To this end, the Contracting Parties shall amend this Agreement accordingly.
Article 33
Gibraltar airport
Article 34
Languages
This Agreement is drawn up in a single original in the official languages of the institutions of the European Union and of the Contracting Parties other than the European Community and its Member States, each of these texts being equally authentic.
In WITNESS WHEREOF the undersigned plenipotentiaries, being duly authorised thereto, have signed this Agreement:
Por la Comunidad Europea
Za Evropské společenství
For Det Europæiske Fællesskab
Für die Europäische Gemeinschaft
Euroopa Ühenduse nimel
Για την Ευρωπαϊκή Κοινότητα
For the European Community
Pour la Communauté européenne
Per la Comunità europea
Eiropas Kopienas vārdā
Europos bendrijos vardu
az Európai Közösség részéről
Għall-Komunità Ewropea
Voor de Europese Gemeenschap
W imieniu Wspólnoty Europejskiej
Pela Comunidade Europeia
Za Európske spoločenstvo
za Evropsko skupnost
Euroopan yhteisön puolesta
På Europeiska gemenskapens vägnar
Pour le Royaume de Belgique
Voor het Koninkrijk België
Für das Königreich Belgien
Za Českou republiku
På Kongeriget Danmarks vegne
Für die Bundesrepublik Deutschland
Eesti Vabariigi nimel
Για την Ελληνική Δημοκρατία
Por el Reino de España
Pour la République française
Thar cheann Na hÉireann
For Ireland
Per la Repubblica italiana
Για την Κυπριακή Δημοκρατία
Latvijas Republikas vārdā
Lietuvos Respublikos vardu
Pour le Grand-Duché de Luxembourg
A Magyar Köztársaság részéről
Għar-Repubblika ta' Malta
Voor het Koninkrijk der Nederlanden
Für die Republik Österreich
W imieniu Rzeczypospolitej Polskiej
Pela República Portuguesa
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
Për Republikën e Shqipërisë
Za Bosnu i Hercegovinu
За Босну и Херцеговину
Za Bosnu i Hercegovinu
За Република България
Za Republiku Hrvatsku
За Бивша Югославска Република Македония
Fyrir hönd Lyðveldisins Íslands
Za Republiku Crnu Goru
For Kongeriket Norge
Pentru România
За Републику Србију
For the United Nations Interim Administration in Kosovo
REPUBLIC OF MACEDONIA
MINISTRY OF TRANSPORT AND COMMUNICATIONS
Luxembourg, 9 June 2006
Dear Sirs,
Hereby I declare that the final text from 22 May 2006 of the Multilateral ECAA Agreement is acceptable for the Government of the Republic of Macedonia.
With this letter, the Government of the Republic of Macedonia considers itself as signatory of the Multilateral Agreement between the Republic of Albania, Bosnia and Herzegovina, the Republic of Bulgaria, the Republic of Croatia, the European Community and its Member States, the Republic of Iceland, the Republic of Macedonia, the Kingdom of Norway, Serbia and Montenegro, Romania and United Nations Interim Administration Mission in Kosovo on the Establishment of a European Common Aviation Area.
However, I declare that the Republic of Macedonia does not accept the denomination used for my country in the abovementioned Agreement, having in view that the constitutional name of my country is Republic of Macedonia.
Please accept, Sirs, the assurances of my highest consideration.
Xhemali MEHAZI
Minister of Transport and Communications
THE COUNCIL OF THE EUROPEAN UNION AND THE EUROPEAN COMMISSION
Luxembourg, 9 June 2006
Mr. Xhemali MEHAZI,
Minister of Transport and Communications
of the former Yugoslav Republic of Macedonia,
Sir,
The European Community and its Member States take note of your letter of today's date and confirms that your letter and this reply shall together take the place of the signature of the Multilateral Agreement between the Republic of Albania, Bosnia and Herzegovina, the Republic of Bulgaria, the Republic of Croatia, the European Community and its Member States, the Republic of Iceland, the former Yugoslav Republic of Macedonia, the Kingdom of Norway, Serbia and Montenegro, Romania and the United Nations Interim Administration Mission in Kosovo on the Establishment of a European Common Aviation Area (ECAA). However, this cannot be construed as acceptance or recognition by the European Community and its Member States, in whatever form or content of a denomination other than the ‘former Yugoslav Republic of Macedonia’.
Please accept, Sir, the assurance of our highest consideration.
On behalf of the European Community and its Member States
ANNEX I
RULES APPLICABLE TO CIVIL AVIATION
The ‘Applicable provisions’ of the following European Union acts shall be applicable in accordance with the Main Agreement and Annex II on horizontal adaptations unless otherwise specified in this Annex or in Protocols I to IX thereafter.
Where necessary, specific adaptations for each individual act are set out hereafter:
1. Aviation liberalisation and other civil aviation rules |
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MARKET OPERATION |
Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (OJ L 293, 31.10.2008, p. 3). Amended by: Regulation (EU) 2019/2 of the European Parliament and of the Council of 11 December 2018 amending Regulation (EC) No 1008/2008 on common rules for the operation of air services in the Community (OJ L 11, 14.1.2019, p. 1). Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (OJ L 212, 22.8.2018, p. 1). |
STATISTICS |
Regulation (EC) No 437/2003 of the European Parliament and of the Council of 27 February 2003 on statistical returns in respect of the carriage of passengers, freight and mail by air (OJ L 66, 11.3.2003, p. 1). Commission Regulation (EC) No 1358/2003 of 31 July 2003 implementing Regulation (EC) No 437/2003 of the European Parliament and of the Council on statistical returns in respect of the carriage of passengers, freight and mail by air and amending Annexes I and II thereto (OJ L 194, 1.8.2003, p. 9). Amended by: Commission Regulation (EC) No 158/2007 of 16 February 2007 amending Commission Regulation (EC) No 1358/2003 as regards the list of Community airports (OJ L 49, 17.2.2007, p. 9). |
INSURANCE REQUIREMENTS |
Regulation (EC) No 785/2004 of the European Parliament and of the Council of 21 April 2004 on insurance requirements for air carriers and aircraft operators (OJ L 138, 30.4.2004, p. 1). Amended by: Regulation (EC) No 1137/2008 of the European Parliament and of the Council of 22 October 2008 adapting a number of instruments subject to the procedure laid down in Article 251 of the Treaty to Council Decision 1999/468/EC, with regard to the regulatory procedure with scrutiny — Adaptation to the regulatory procedure with scrutiny — Part One (OJ L 311, 21.11.2008, p. 1). Commission Regulation (EU) No 285/2010 of 6 April 2010 amending Regulation (EC) No 785/2004 of the European Parliament and of the Council on insurance requirements for air carriers and aircraft operators (OJ L 87, 7.4.2010, p. 19). |
SLOTS |
Council Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at Community airports (OJ L 14, 22.1.1993, p. 1). Amended by: Regulation (EC) No 793/2004 of the European Parliament and of the Council of 21 April 2004 amending Council Regulation (EEC) No 95/93 on common rules for the allocation of slots at Community airports (OJ L 138, 30.4.2004, p. 50). |
AIRPORT CHARGES |
Directive 2009/12/EC of the European Parliament and of the Council of 11 March 2009 on airport charges (OJ L 70, 14.3.2009, p. 11). |
GROUND HANDLING |
Council Directive 96/67/EC of 15 October 1996 on access to the ground handling market at Community airports (OJ L 272, 25.10.1996, p. 36). Applicable provisions: Articles 1-9, 11-23 and 25. |
CRS |
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 (OJ L 35, 4.2.2009, p. 47). |
2. Aviation safety |
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SAFETY |
Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (OJ L 212, 22.8.2018, p. 1) (1). Applicable provisions: Articles 1 to 140 except Articles 127 and 128, Annexes I to X. Commission Implementing Regulation (EU) 2018/1976 of 14 December 2018 laying down detailed rules for the operation of sailplanes pursuant to Regulation (EU) 2018/1139 of the European Parliament and of the Council (OJ L 326, 20.12.2018, p. 64). Applicable provisions: Articles 1 to 4, Annexes I and II. Commission Regulation (EU) 2018/395 of 13 March 2018 laying down detailed rules for the operation of balloons pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 71, 14.3.2018, p. 10). Applicable provisions: Articles 1 to 5, Annexes 1 and 2. Commission Implementing Regulation (EU) 2018/1048 of 18 July 2018 laying down airspace usage requirements and operating procedures concerning performance-based navigation (OJ L 189, 26.7.2018, p. 3). Commission Regulation (EU) No 1178/2011 of 3 November 2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 311, 25.11.2011, p. 1). Applicable provisions: Articles 1 to 12, Annexes I to VIII. Amended by: Commission Regulation (EU) No 290/2012 of 30 March 2012 amending Regulation (EU) No 1178/2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 100, 5.4.2012, p. 1). Commission Regulation (EU) No 70/2014 of 27 January 2014 amending Regulation (EU) No 1178/2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 23, 28.1.2014, p. 25). Commission Regulation (EU) No 245/2014 of 13 March 2014 amending Commission Regulation (EU) No 1178/2011 of 3 November 2011 laying down technical requirements and administrative procedures related to civil aviation aircrew (OJ L 74, 14.3.2014, p. 33). Commission Regulation (EU) 2015/445 of 17 March 2015 amending Regulation (EU) No 1178/2011 as regards technical requirements and administrative procedures related to civil aviation aircrew (OJ L 74, 18.3.2015, p. 1). Commission Regulation (EU) 2016/539 of 6 April 2016 amending Regulation (EU) No 1178/2011 as regards pilot training, testing and periodic checking for performance-based navigation (OJ L 91, 7.4.2016, p. 1). Commission Regulation (EU) 2018/1065 of 27 July 2018 amending Regulation (EU) No 1178/2011 as regards the automatic validation of Union flight crew licences and take-off and landing training (OJ L 192, 30.7.2018, p. 31). Commission Regulation (EU) 2018/1119 of 31 July 2018 amending Regulation (EU) No 1178/2011 as regards declared training organisations (OJ L 204, 13.8.2018, p. 13). Commission Implementing Regulation (EU) 2018/1974 of 14 December 2018 amending Regulation (EU) No 1178/2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EU) 2018/1139 of the European Parliament and of the Council (OJ L 326, 20.12.2018, p. 1). Commission Implementing Regulation (EU) 2019/27 of 19 December 2018 amending Regulation (EU) No 1178/2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EU) 2018/1139 of the European Parliament and of the Council (OJ L 8, 10.1.2019, p. 1). 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 (OJ L 373, 31.12.1991, p. 4) (2). Applicable provisions: Articles 1, 3 and 13, Subpart Q of Annex III. The applicable provisions shall apply only as regards flight and duty time limitations and rest requirements with regard to air taxi, emergency medical service and single pilot commercial air transport operations by aeroplanes. Amended by: 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 (OJ L 377, 27.12.2006, p. 1). 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 (OJ L 377, 27.12.2006, p. 176). 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 (OJ L 10, 12.1.2008, p. 1). 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 (OJ L 254, 20.9.2008, p. 1). Commission Regulation (EU) No 1332/2011 of 16 December 2011 laying down common airspace usage requirements and operating procedures for airborne collision avoidance (OJ L 336, 20.12.2011, p. 20). Applicable provisions: Articles 1 to 3, Annex. Amended by: Commission Regulation (EU) 2016/583 of 15 April 2016 amending Regulation (EU) No 1332/2011 laying down common airspace usage requirements and operating procedures for airborne collision avoidance (OJ L 101, 16.4.2016, p. 7). |
ACCIDENTS AND OCURRENCES |
Regulation (EU) No 996/2010 of the European Parliament and of the Council of 20 October 2010 on the investigation and prevention of accidents and incidents in civil aviation and repealing Directive 94/56/EC (OJ L 295, 12.11.2010, p. 35). Applicable provisions: Articles 1 to 23, Annex. Amended by: Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (OJ L 212, 22.8.2018, p. 1). Regulation (EU) No 376/2014 of the European Parliament and of the Council of 3 April 2014 on the reporting, analysis and follow-up of occurrences in civil aviation, amending Regulation (EU) No 996/2010 of the European Parliament and of the Council and repealing Directive 2003/42/EC of the European Parliament and of the Council and Commission Regulations (EC) No 1321/2007 and (EC) No 1330/2007 (OJ L 122, 24.4.2014, p. 18). Regulation (EU) No 376/2014 of the European Parliament and of the Council of 3 April 2014 on the reporting, analysis and follow-up of occurrences in civil aviation, amending Regulation (EU) No 996/2010 of the European Parliament and of the Council and repealing Directive 2003/42/EC of the European Parliament and of the Council and Commission Regulations (EC) No 1321/2007 and (EC) No 1330/2007 (OJ L 122, 24.4.2014, p. 18). Applicable provisions: Articles 1 to 23 with the exception of Articles 18 and 19, Annexes I to III. Amended by: Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (OJ L 212, 22.8.2018, p. 1). Commission Decision 2012/780/EU of 5 December 2012 on access rights to the European Central Repository of Safety Recommendations and their responses established by Article 18(5) of Regulation (EU) No 996/2010 of the European Parliament and of the Council on the investigation and prevention of accidents and incidents in civil aviation and repealing Directive 94/56/EC (OJ L 342, 14.12.2012, p. 46). Applicable provisions: Articles 1 to 6. |
OPERATION BANS ON UNSAFE CARRIERS |
Regulation (EC) No 2111/2005 of the European Parliament and of the Council of 14 December 2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier, and repealing Article 9 of Directive 2004/36/EC (OJ L 344, 27.12.2005, p. 15). Applicable provisions: Articles 1 to 13, Annex. Amended by: Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (OJ L 212, 22.8.2018, p. 1). Commission Regulation (EC) No 473/2006 of 22 March 2006 laying down implementing rules for the Community list of air carriers which are subject to an operating ban within the Community referred to in Chapter II of Regulation (EC) No 2111/2005 of the European Parliament and of the Council (OJ L 84, 23.3.2006, p. 8). Applicable provisions: Articles 1 to 6, Annexes A to C. Commission Regulation (EC) No 474/2006 of 22 March 2006 establishing the Community list of air carriers which are subject to an operating ban within the Community referred to in Chapter II of Regulation (EC) No 2111/2005 of the European Parliament and of the Council (OJ L 84, 23.3.2006, p. 14). Applicable provisions: Articles 1 to 3, Annexes A and B. As last amended by: Commission Implementing Regulation (EU) 2018/1866 of 28 November 2018 amending Regulation (EC) No 474/2006 as regards the list of air carriers which are banned from operating or are subject to operational restrictions within the Union (OJ L 304, 29.11.2018, p. 10). Commission Implementing Regulation (EU) 2015/1018 of 29 June 2015 laying down a list classifying occurrences in civil aviation to be mandatorily reported according to Regulation (EU) No 376/2014 of the European Parliament and of the Council (OJ L 163, 30.6.2015, p. 1). Applicable provisions: Article 1, Annexes I to V. |
FINES AND PENALTIES |
Commission Implementing Regulation (EU) No 646/2012 of 16 July 2012 laying down detailed rules on fines and periodic penalty payments pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 187, 17.7.2012, p. 29). Applicable provisions: Articles 1 to 26. |
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Commission Regulation (EU) No 748/2012 of 3 August 2012 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 (OJ L 224, 21.8.2012, p. 1). Applicable provisions: Articles 1 to 11, Annex I. Amended by: Commission Regulation (EU) No 7/2013 of 8 January 2013 amending Regulation (EU) No 748/2012 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 (OJ L 4, 9.1.2013, p. 36). Commission Regulation (EU) No 69/2014 of 27 January 2014 amending Regulation (EU) No 748/2012 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 (OJ L 23, 28.1.2014, p. 12). Commission Regulation (EU) 2015/1039 of 30 June 2015 amending Regulation (EU) No 748/2012 as regards flight testing (OJ L 167, 1.7.2015, p. 1). Commission Regulation (EU) 2016/5 of 5 January 2016 amending Regulation (EU) No 748/2012 as regards the implementation of essential requirements for environmental protection (OJ L 3, 6.1.2016, p. 3). |
TECHNICAL REQUIREMENTS AND ADMINISTRATIVE PROCEDURES |
Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 296, 25.10.2012, p. 1). Applicable provisions: Articles 1 to 10, Annexes I to VIII. Amended by: Commission Regulation (EU) No 800/2013 of 14 August 2013 amending Regulation (EU) No 965/2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 227, 24.8.2013, p. 1). Commission Regulation (EU) No 71/2014 of 27 January 2014 amending Regulation (EU) No 965/2012 laying down technical requirements and administrative procedures related to Air Operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 23, 28.1.2014, p. 27). Commission Regulation (EU) No 83/2014 of 29 January 2014 amending Regulation (EU) No 965/2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 28, 31.1.2014, p. 17). Commission Regulation (EU) No 379/2014 of 7 April 2014 amending Commission Regulation (EU) No 965/2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 123, 24.4.2014, p. 1). Commission Regulation (EU) 2015/140 of 29 January 2015 amending Regulation (EU) No 965/2012 as regards sterile flight crew compartment and correcting that Regulation (OJ L 24, 30.1.2015, p. 5). Commission Regulation (EU) 2015/640 of 23 April 2015 on additional airworthiness specifications for a given type of operations and amending Regulation (EU) No 965/2012 (OJ L 106, 24.4.2015, p. 18). Amended by: Commission Implementing Regulation (EU) 2019/133 of 28 January 2019 amending Regulation (EU) 2015/640 as regards the introduction of new additional airworthiness specifications (OJ L 25, 29.1.2019, p. 14). Commission Regulation (EU) 2015/1329 of 31 July 2015 amending Regulation (EU) No 965/2012 as regards operations by Union air carriers of aircraft registered in a third country (OJ L 206, 1.8.2015, p. 21). Commission Regulation (EU) 2015/2338 of 11 December 2015 amending Regulation (EU) No 965/2012 as regards requirements for flight recorders, underwater locating devices and aircraft tracking systems (OJ L 330, 16.12.2015, p. 1). Commission Regulation (EU) 2016/1199 of 22 July 2016 amending Regulation (EU) No 965/2012 as regards operational approval of performance-based navigation, certification and oversight of data services providers and helicopter offshore operations, and correcting that Regulation (OJ L 198, 23.7.2016, p. 13). Commission Regulation (EU) 2017/363 of 1 March 2017 amending Regulation (EU) No 965/2012 as regards the specific approval of single-engined turbine aeroplane operations at night or in instrument meteorological conditions and the approval requirements for the dangerous goods training relating to commercial specialised operations, non- commercial operations of complex motor-powered aircraft and non-commercial specialised operations of complex motor-powered aircraft (OJ L 55, 2.3.2017, p. 1). Commission Regulation (EU) 2018/394 of 13 March 2018 amending Regulation (EU) No 965/2012 as regards the deletion of air operations requirements for balloons (OJ L 71, 14.3.2018, p. 1). Commission Regulation (EU) 2018/1042 of 23 July 2018 amending Regulation (EU) No 965/2012, as regards technical requirements and administrative procedures related to introducing support programmes, psychological assessment of flight crew, as well as systematic and random testing of psychoactive substances to ensure medical fitness of flight and cabin crew members, and as regards equipping newly manufactured turbine-powered aeroplanes with a maximum certified take-off mass of 5 700 kg or less and approved to carry six to nine passengers with a terrain awareness warning system (OJ L 188, 25.7.2018, p. 3). Commission Implementing Regulation (EU) 2018/1975 of 14 December 2018 amending Regulation (EU) No 965/2012 as regards air operations requirements for sailplanes and electronic flight bags (OJ L 326, 20.12.2018, p. 53). |
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Commission Implementing Regulation (EU) No 628/2013 of 28 June 2013 on working methods of the European Aviation Safety Agency for conducting standardisation inspections and for monitoring the application of the rules of Regulation (EC) No 216/2008 of the European Parliament and of the Council and repealing Commission Regulation (EC) No 736/2006 (OJ L 179, 29.6.2013, p. 46). Applicable provisions: Article 1 to 25. Commission Regulation (EU) No 139/2014 of 12 February 2014 laying down requirements and administrative procedures related to aerodromes pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 44, 14.2.2014, p. 1) (3). Applicable provisions: Articles 1 to 11, Annexes I to IV. Amended by: Commission Regulation (EU) No 2018/401 of 14 March 2018 amending Regulation (EU) No 139/2014 as regards the classification of runways (OJ L 72, 15.3.2018, p. 17). Commission Regulation (EU) No 319/2014 of 27 March 2014 on the fees and charges levied by the European Aviation Safety Agency, and repealing Regulation (EC) No 593/2007 (OJ L 93, 28.3.2014, p. 58). Applicable provisions: Articles 1 to 19, Annex Commission Regulation (EU) No 452/2014 of 29 April 2014 laying down technical requirements and administrative procedures related to air operations of third country operators pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 133, 6.5.2014, p. 12). Applicable provisions: Articles 1 to 4, Annexes 1 and 2. Amended by: Commission Regulation (EU) 2016/1158 of 15 July 2016 amending Regulation (EU) No 452/2014 as regards the deletion of templates for the authorisations issued to third country operators and for the associated specifications (OJ L 192, 16.7.2016, p. 21). Commission Regulation (EU) No 1321/2014 of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (OJ L 362, 17.12.2014, p. 1) (4). Applicable provisions: Articles 1 to 9, Annexes I to VI. Amended by: Commission Regulation (EU) 2015/1088 of 3 July 2015 amending Regulation (EU) No 1321/2014 as regards alleviations for maintenance procedures for general aviation aircraft (OJ L 176, 7.7.2015, p. 4). Commission Regulation (EU) 2015/1536 of 16 September 2015 amending Regulation (EU) No 1321/2014 as regards alignment of rules for continuing airworthiness with Regulation (EC) No 216/2008, critical maintenance tasks and aircraft continuing airworthiness monitoring (OJ L 241, 17.9.2015, p. 16). Commission Regulation (EU) 2018/1142 of 14 August 2018 amending Regulation (EU) No 1321/2014 as regards the introduction of certain categories of aircraft maintenance licences, the modification of the acceptance procedure of components from external suppliers and the modification of the maintenance training organisations' privileges (OJ L 207, 16.8.2018, p. 2). Commission Regulation (EU) 2015/340 of 20 February 2015 laying down technical requirements and administrative procedures relating to air traffic controllers' licences and certificates pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council, amending Commission Implementing Regulation (EU) No 923/2012 and repealing Commission Regulation (EU) No 805/2011 (OJ L 63, 6.3.2015, p. 1). Applicable provisions: Articles 1 to 9, Annexes I to IV. Commission Regulation (EU) 2015/640 of 23 April 2015 on additional airworthiness specifications for a given type of operations and amending Regulation (EU) No 965/2012 (OJ L 106, 24.4.2015, p. 18). Applicable provisions: Articles 1 to 5, Annexes I and II. |
3. Aviation security |
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SECURITY |
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 (OJ L 97, 9.4.2008, p. 72). Amended by: Commission Regulation (EU) No 18/2010 of 8 January 2010 amending Regulation (EC) No 300/2008 of the European Parliament and of the Council as far as specifications for national quality control programmes in the field of civil aviation security are concerned (OJ L 7, 12.1.2010, p. 3). Commission Regulation (EC) No 272/2009 of 2 April 2009 supplementing the common basic standards on civil aviation security laid down in the Annex to Regulation (EC) No 300/2008 of the European Parliament and of the Council (OJ L 91, 3.4.2009, p. 7). Amended by: Commission Regulation (EU) No 297/2010 of 9 April 2010 amending Regulation (EC) No 272/2009 supplementing the common basic standards on civil aviation security (OJ L 90, 10.4.2010, p. 1). Commission Regulation (EU) No 720/2011 of 22 July 2011 amending Regulation (EC) No 272/2009 supplementing the common basic standards on civil aviation security as regards the phasing-in of the screening of liquids, aerosols and gels at EU airports (OJ L 193, 23.7.2011, p. 19). Commission Regulation (EU) No 1141/2011 of 10 November 2011 amending Regulation (EC) No 272/2009 supplementing the common basic standards on civil aviation security as regards the use of security scanners at EU airports (OJ L 293, 11.11.2011, p. 22). Commission Regulation (EU) No 245/2013 of 19 March 2013 amending Regulation (EC) No 272/2009 as regards the screening of liquids, aerosols and gels at EU airports (OJ L 77, 20.3.2013, p. 5). Commission Regulation (EU) No 1254/2009 of 18 December 2009 setting criteria to allow Member States to derogate from the common basic standards on civil aviation security and to adopt alternative security measures (OJ L 338, 19.12.2009, p. 17). Amended by: Commission Regulation (EU) 2016/2096 of 30 November 2016 amending Regulation (EU) No 1254/2009 as regards certain criteria to allow Member States to derogate from the common basic standards on civil aviation security and to adopt alternative security measures (OJ L 326, 1.12.2016, p. 7). Commission Regulation (EU) No 72/2010 of 26 January 2010 laying down procedures for conducting Commission inspections in the field of aviation security (OJ L 23, 27.1.2010, p. 1). Amended by: Commission Implementing Regulation (EU) 2016/472 of 31 March 2016 amending Regulation (EU) No 72/2010 as regards the definition of the term ‘Commission inspector’ (OJ L 85, 1.4.2016, p. 28). Commission Implementing Regulation (EU) 2015/1998 of 5 November 2015 laying down detailed measures for the implementation of the common basic standards on aviation security (OJ L 299, 14.11.2015, p. 1). Amended by: Commission Implementing Regulation (EU) 2015/2426 of 18 December 2015 amending Regulation (EU) 2015/1998 as regards third countries recognised as applying security standards equivalent to the common basic standards on civil aviation security (OJ L 334, 22.12.2015, p. 5). Commission Implementing Regulation (EU) 2017/815 of 12 May 2017 amending Implementing Regulation (EU) 2015/1998 as regards clarification, harmonisation and simplification of certain specific aviation security measures (OJ L 122, 13.5.2017, p. 1). Commission Implementing Regulation (EU) 2017/837 of 17 May 2017 correcting the Polish and Swedish language versions of Implementing Regulation (EU) 2015/1998 laying down detailed measures for the implementation of the common basic standards on aviation security (OJ L 125, 18.5.2017, p. 3). Commission Implementing Regulation (EU) 2018/55 of 9 January 2018 amending Implementing Regulation (EU) 2015/1998 as regards adding the Republic of Singapore to the third countries recognised as applying security standards equivalent to the common basic standards on civil aviation security (OJ L 10, 13.1.2018, p. 5). Commission Implementing Regulation (EU) 2019/103 of 23 January 2019 amending Implementing Regulation (EU) 2015/1998 as regards clarification, harmonisation and simplification as well as strengthening of certain specific aviation security measures (OJ L 21, 24.1.2019, p. 13). |
4. Air traffic management |
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FRAMEWORK REGULATION |
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) (OJ L 96, 31.3.2004, p. 1). Amended by: Regulation (EC) No 1070/2009 of the European Parliament and of the Council of 21 October 2009 amending Regulations (EC) No 549/2004, (EC) No 550/2004, (EC) No 551/2004 and (EC) No 552/2004 in order to improve the performance and sustainability of the European aviation system (OJ L 300, 14.11.2009, p. 34). |
Implementing rules |
Commission Implementing Regulation (EU) 2019/317 of 11 February 2019 laying down a performance and charging scheme in the single European sky and repealing Implementing Regulations (EU) No 390/2013 and (EU) No 391/2013 (OJ L 56, 25.2.2019, p. 1). |
SERVICE PROVISION |
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) (OJ L 96, 31.3.2004, p. 10). Amended by: Regulation (EC) No 1070/2009 of the European Parliament and of the Council of 21 October 2009 amending Regulations (EC) No 549/2004, (EC) No 550/2004, (EC) No 551/2004 and (EC) No 552/2004 in order to improve the performance and sustainability of the European aviation system (OJ L 300, 14.11.2009, p. 34). |
Implementing rules |
Commission Implementing Regulation (EU) No 716/2014 of 27 June 2014 on the establishment of the Pilot Common Project supporting the implementation of the European Air Traffic Management Master Plan (OJ L 190, 28.6.2014, p. 19). Commission Implementing Regulation (EU) 2017/373 of 1 March 2017 laying down common requirements for providers of air traffic management/air navigation services and other air traffic management network functions and their oversight, repealing Regulation (EC) No 482/2008, Implementing Regulations (EU) No 1034/2011, (EU) No 1035/2011 and (EU) 2016/1377 and amending Regulation (EU) No 677/2011(OJ L 62, 8.3.2017, p. 1) (5). Commission Regulation (EU) No 176/2011 of 24 February 2011 on the information to be provided before the establishment and modification of a functional airspace block (OJ L 51, 25.2.2011, p. 2). 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 (OJ L 141, 31.5.2008, p. 5) (6). Amended by: Commission Implementing Regulation (EU) No 1035/2011 of 17 October 2011 laying down common requirements for the provision of air navigation services and amending Regulations (EC) No 482/2008 and (EU) No 691/2010 (OJ L 271, 18.10.2011, p. 23). Commission Implementing Regulation (EU) No 409/2013 of 3 May 2013 on the definition of common projects, the establishment of governance and the identification of incentives supporting the implementation of the European Air Traffic Management Master Plan (OJ L 123, 4.5.2013, p. 1). Commission Implementing Regulation (EU) 2016/1377 of 4 August 2016 laying down common requirements for service providers and the oversight in air traffic management/air navigation services and other air traffic management network functions, repealing Regulation (EC) No 482/2008, Implementing Regulations (EU) No 1034/2011 and (EU) No 1035/2011 and amending Regulation (EU) No 677/2011 (OJ L 226, 19.8.2016, p. 1) (7). Commission Implementing Regulation (EU) 2017/373 of 1 March 2017 laying down common requirements for providers of air traffic management/air navigation services and other air traffic management network functions and their oversight, repealing Regulation (EC) No 482/2008, Implementing Regulations (EU) No 1034/2011, (EU) No 1035/2011 and (EU) 2016/1377 and amending Regulation (EU) No 677/2011 (OJ L 62, 8.3.2017, p. 1). |
AIR SPACE |
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) (OJ L 96, 31.3.2004, p. 20). Amended by: Regulation (EC) No 1070/2009 of the European Parliament and of the Council of 21 October 2009 amending Regulations (EC) No 549/2004, (EC) No 550/2004, (EC) No 551/2004 and (EC) No 552/2004 in order to improve the performance and sustainability of the European aviation system (OJ L 300, 14.11.2009, p. 34). |
Implementing rules |
Commission Regulation (EU) No 255/2010 of 25 March 2010 laying down common rules on air traffic flow management (OJ L 80, 26.3.2010, p. 10). Amended by: Commission Implementing Regulation (EU) No 923/2012 of 26 September 2012 laying down the common rules of the air and operational provisions regarding services and procedures in air navigation and amending Implementing Regulation (EU) No 1035/2011 and Regulations (EC) No 1265/2007, (EC) No 1794/2006, (EC) No 730/2006, (EC) No 1033/2006 and (EU) No 255/2010 (OJ L 281, 13.10.2012, p. 1). Commission Implementing Regulation (EU) 2016/1006 of 22 June 2016 amending Regulation (EU) No 255/2010 as regards the ICAO provisions referred to in Article 3(1) (OJ L 165, 23.6.2016, p. 8). Commission Implementing Regulation (EU) 2017/2159 of 20 November 2017 amending Regulation (EU) No 255/2010 as regards certain references to ICAO provisions (OJ L 304, 21.11.2017, p. 45). Commission Regulation (EC) No 2150/2005 of 23 December 2005 laying down common rules for the flexible use of airspace (OJ L 342, 24.12.2005, p. 20). Commission Implementing Regulation (EU) No 923/2012 of 26 September 2012 laying down the common rules of the air and operational provisions regarding services and procedures in air navigation and amending Implementing Regulation (EU) No 1035/2011 and Regulations (EC) No 1265/2007, (EC) No 1794/2006, (EC) No 730/2006, (EC) No 1033/2006 and (EU) No 255/2010 (OJ L 281, 13.10.2012, p. 1). Amended by: Commission Regulation (EU) 2015/340 of 20 February 2015 laying down technical requirements and administrative procedures relating to air traffic controllers' licences and certificates pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council, amending Commission Implementing Regulation (EU) No 923/2012 and repealing Commission Regulation (EU) No 805/2011 (OJ L 63, 6.3.2015, p. 1). Commission Implementing Regulation (EU) 2016/1185 of 20 July 2016 amending Implementing Regulation (EU) No 923/2012 as regards the update and completion of the common rules of the air and operational provisions regarding services and procedures in air navigation (SERA Part C) and repealing Regulation (EC) No 730/2006 (OJ L 196, 21.7.2016, p. 3). Commission Implementing Regulation (EU) 2017/835 of 12 May 2017 correcting the Slovenian and Swedish language versions of Implementing Regulation (EU) No 923/2012 laying down the common rules of the air and operational provisions regarding services and procedures in air navigation and amending Implementing Regulation (EU) No 1035/2011 and Regulations (EC) No 1265/2007, (EC) No 1794/2006, (EC) No 730/2006, (EC) No 1033/2006 and (EU) No 255/2010 (OJ L 124, 17.5.2017, p. 35). Commission Implementing Regulation (EU) 2019/123 of 24 January 2019 laying down detailed rules for the implementation of air traffic management (ATM) network functions and repealing Commission Regulation (EU) No 677/2011 (OJ L 28, 31.1.2019, p. 1). |
INTEROPERABILITY |
Regulation (EC) No 552/2004 of the European Parliament and of the Council of 10 March 2004 on the interoperability of the European Air Traffic Management network (the interoperability Regulation) (OJ L 96, 31.3.2004, p. 26) (8). Amended by: Regulation (EC) No 1070/2009 of the European Parliament and of the Council of 21 October 2009 amending Regulations (EC) No 549/2004, (EC) No 550/2004, (EC) No 551/2004 and (EC) No 552/2004 in order to improve the performance and sustainability of the European aviation system (OJ L 300, 14.11.2009, p. 34). |
Implementing rules |
Commission Implementing Regulation (EU) No 1206/2011 of 22 November 2011 laying down requirements on aircraft identification for surveillance for the single European sky (OJ L 305, 23.11.2011, p. 23). Commission Implementing Regulation (EU) No 1207/2011 of 22 November 2011 laying down requirements for the performance and the interoperability of surveillance for the single European sky (OJ L 305, 23.11.2011, p. 35). Amended by: Commission Implementing Regulation (EU) No 1028/2014 of 26 September 2014 amending Implementing Regulation (EU) No 1207/2011 laying down requirements for the performance and the interoperability of surveillance for the single European sky (OJ L 284, 30.9.2014, p. 7). Commission Implementing Regulation (EU) 2017/386 of 6 March 2017 amending Implementing Regulation (EU) No 1207/2011 laying down requirements for the performance and the interoperability of surveillance for the single European sky (OJ L 59, 7.3.2017, p. 34). Commission Regulation (EU) No 73/2010 of 26 January 2010 laying down requirements on the quality of aeronautical data and aeronautical information for the single European sky (OJ L 23, 27.1.2010, p. 6). Amended by: Commission Implementing Regulation (EU) No 1029/2014 of 26 September 2014 amending Regulation (EU) No 73/2010 laying down requirements on the quality of aeronautical data and aeronautical information for the single European sky (OJ L 284, 30.9.2014, p. 9). Commission Regulation (EC) No 262/2009 of 30 March 2009 laying down requirements for the coordinated allocation and use of Mode S interrogator codes for the single European sky (OJ L 84, 31.3.2009, p. 20). Amended by: Commission Implementing Regulation (EU) 2016/2345 of 14 December 2016 amending Regulation (EC) No 262/2009 and Implementing Regulation (EU) No 1079/2012 as regards references to ICAO provisions (OJ L 348, 21.12.2016, p. 11). Commission Regulation (EC) No 29/2009 of 16 January 2009 laying down requirements on data link services for the single European sky (OJ L 13, 17.1.2009, p. 3). Amended by: Commission Implementing Regulation (EU) 2015/310 of 26 February 2015 amending Regulation (EC) No 29/2009 laying down requirements on data link services for the single European sky and repealing Implementing Regulation (EU) No 441/2014 (OJ L 56, 27.2.2015, p. 30). Commission Regulation (EC) No 633/2007 of 7 June 2007 laying down requirements for the application of a flight message transfer protocol used for the purpose of notification, coordination and transfer of flights between air traffic control units (OJ L 146, 8.6.2007, p. 7). Amended by: Commission Regulation (EU) No 283/2011 of 22 March 2011 amending Regulation (EC) No 633/2007 as regards the transitional arrangements referred to in Article 7 (OJ L 77, 23.3.2011, p. 23). Commission Implementing Regulation (EU) No 1079/2012 of 16 November 2012 laying down requirements for voice channels spacing for the single European sky (OJ L 320, 17.11.2012, p. 14). Amended by: Commission Implementing Regulation (EU) No 657/2013 of 10 July 2013 amending Implementing Regulation (EU) No 1079/2012 laying down requirements for voice channels spacing for the single European sky (OJ L 190, 11.7.2013, p. 37). Commission Implementing Regulation (EU) 2016/2345 of 14 December 2016 amending Regulation (EC) No 262/2009 and Implementing Regulation (EU) No 1079/2012 as regards references to ICAO provisions (OJ L 348, 21.12.2016, p. 11). Commission Implementing Regulation (EU) 2017/2160 of 20 November 2017 amending Implementing Regulation (EU) No 1079/2012 as regards certain references to ICAO provisions (OJ L 304, 21.11.2017, p. 47). Commission Regulation (EC) No 1033/2006 of 4 July 2006 laying down the requirements on procedures for flight plans in the pre-flight phase for the single European sky (OJ L 186, 7.7.2006, p. 46). Amended by: Commission Implementing Regulation (EU) No 923/2012 of 26 September 2012 laying down the common rules of the air and operational provisions regarding services and procedures in air navigation and amending Implementing Regulation (EU) No 1035/2011 and Regulations (EC) No 1265/2007, (EC) No 1794/2006, (EC) No 730/2006, (EC) No 1033/2006 and (EU) No 255/2010 (OJ L 281, 13.10.2012, p. 1). Commission Implementing Regulation (EU) No 428/2013 of 8 May 2013 amending Regulation (EC) No 1033/2006 as regards the ICAO provisions referred to in Article 3(1) and repealing Regulation (EU) No 929/2010 (OJ L 127, 9.5.2013, p. 23). Commission Implementing Regulation (EU) 2016/2120 of 2 December 2016 amending Regulation (EC) No 1033/2006 as regards the provisions referred to in Article 3(1) (OJ L 329, 3.12.2016, p. 70). Commission Implementing Regulation (EU) 2018/139 of 29 January 2018 amending Regulation (EC) No 1033/2006 as regards references to ICAO provisions (OJ L 25, 30.1.2018, p. 4). Commission Regulation (EC) No 1032/2006 of 6 July 2006 laying down requirements for automatic systems for the exchange of flight data for the purpose of notification, coordination and transfer of flights between air traffic control units (OJ L 186, 7.7.2006, p. 27). Amended by: Commission Regulation (EC) No 30/2009 of 16 January 2009 amending Regulation (EC) No 1032/2006 as far as the requirements for automatic systems for the exchange of flight data supporting data link services are concerned (OJ L 13, 17.1.2009, p. 20). |
SESAR |
Council Regulation (EC) No 219/2007 of 27 February 2007 on the establishment of a Joint Undertaking to develop the new generation European air traffic management system (SESAR) (OJ L 64, 2.3.2007, p. 1). Amended by: Council Regulation (EC) No 1361/2008 of 16 December 2008 amending Regulation (EC) No 219/2007 on the establishment of a joint undertaking to develop the new generation European air traffic management system (SESAR) (OJ L 352, 31.12.2008, p. 12). Council Regulation (EU) No 721/2014 of 16 June 2014 amending Regulation (EC) No 219/2007 on the establishment of a Joint Undertaking to develop the new generation European air traffic management system (SESAR) as regards the extension of the Joint Undertaking until 2024 (OJ L 192, 1.7.2014, p. 1). |
5. Environement and noise |
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Regulation (EU) No 598/2014 of the European Parliament and of the Council of 16 April 2014 on the establishment of rules and procedures with regard to the introduction of noise-related operating restrictions at Union airports within a Balanced Approach and repealing Directive 2002/30/EC (OJ L 173, 12.6.2014, p. 65). Council Directive 89/629/EEC of 4 December 1989 on the limitation of noise emission from civil subsonic jet aeroplanes (OJ L 363, 13.12.1989, p. 27). Applicable provisions: Articles 1-8. 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) (OJ L 374, 27.12.2006, p. 1). |
6. Social aspects |
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Council Directive 2000/79/EC of 27 November 2000 concerning the implementation of the European Agreement on the Organisation of Working Time of Mobile Workers in Civil Aviation concluded by the Association of European Airlines (AEA), the European Transport Workers' Federation (ETF), the European Cockpit Association (ECA), the European Regions Airline Association (ERA) and the International Air Carrier Association (IACA) (OJ L 302, 1.12.2000, p. 57). Applicable provisions: Articles 2 to 3, Annex. 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 (OJ L 299, 18.11.2003, p. 9). Applicable provisions: Articles 1-9, 11-14, 16-19, 22-24. |
7. Consumer protection |
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Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29). Applicable provisions: Articles 1-11. Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64). Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC (OJ L 326, 11.12.2015, p. 1). Council Regulation (EC) No 2027/97 of 9 October 1997 on air carrier liability in the event of accidents (OJ L 285, 17.10.1997, p. 1). Applicable provisions: Articles 1-8. 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 on air carrier liability in the event of accidents (OJ L 140, 30.5.2002, p. 2). Regulation (EC) No 261/2004 of the 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 (OJ L 46, 17.2.2004, p. 1). Applicable provisions: Articles 1-18. Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the right of disabled persons and persons with reduced mobility when travelling by air (OJ L 204, 26.7.2006, p. 1). |
8. Miscellaneous |
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Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity (OJ L 283, 31.10.2003, p. 51). Applicable provisions: Article 14(1)(b), and Article 14(2). |
(1)
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 (OJ L 79, 19.3.2008, p. 1) has been repealed by Regulation (EU) 2018/1139 with effect from 11 September 2018, however Article 139 establishes certain transitional provisions.
(2)
Article 139(3) of Regulation (EU) 2018/1139 establishes that Regulation (EEC) No 3922/91 is repealed from the date of application of the detailed rules adopted pursuant to point (a) of Article 32(1) of Regulation (EU) 2018/1139 on flight and duty time limitations and rest requirements with regard to air taxi, emergency medical service and single pilot commercial air transport operations by aeroplanes.
(3)
For information: Commission Regulation (EU) 2017/161 of 31 January 2017 correcting the French language version of Regulation (EU) No 139/2014 laying down requirements and administrative procedures related to aerodromes pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 27, 1.2.2017, p. 99).
(4)
For information: Commission Regulation (EU) 2017/334 of 27 February 2017 correcting the Bulgarian, Dutch, Estonian and German language versions of Regulation (EU) No 1321/2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (OJ L 50, 28.2.2017, p. 13).
(5)
Article 10 of Commission Implementing Regulation (EU) 2017/373: This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from 2 January 2020. However: (1) Article 9(2) shall apply from the date of entry into force of this Regulation; (2) in respect of the Agency, Article 4(1), (2), (5), (6) and (8) and Article 5 shall apply from the date of entry into force of this Regulation; (3) in respect of data services providers, Article 6 shall apply in any case from 1 January 2019 and, where such a provider applies for and is granted a certificate in accordance with Article 6, from the date of entry into force of this Regulation. In the meantime, also the relevant articles of Regulation (EC) No 482/2008 continue to apply.
(6)
Applicable until 2 January 2020 when Commission Implementing Regulation (EU) 2017/373 applies.
(7)
See footnote 6.
(8)
This Regulation has been repealed by Regulation (EU) 2018/1139 with effect from 11 September 2018. However, Articles 4, 5, 6, 6a and 7 of that Regulation and Annexes III and IV thereto shall continue to apply until the date of application of the delegated acts referred to in Article 47 of this Regulation and insofar as those acts cover the subject matter of the relevant provisions of Regulation (EC) No 552/2004, and in any case not later than 12 September 2023. |
ANNEX II
HORIZONTAL ADAPTATIONS AND CERTAIN PROCEDURAL RULES
The provisions of the acts specified in Annex I shall be applicable in accordance with the Agreement and points 1 to 4 of this Annex, unless otherwise provided in Annex I. The specific adaptations necessary for individual acts are set out in Annex I.
This Agreement shall be applicable in accordance with the procedural rules set out in points 5 and 6 of this Annex.
1. INTRODUCTORY PARTS OF THE ACTS
The preambles of the acts specified are not adapted for the purposes of this Agreement. They are relevant to the extent necessary for the proper interpretation and application, within the framework of this Agreement, of the provisions contained in such acts.
2. SPECIFIC TERMINOLOGY OF THE ACTS
The following terms used by the acts specified in Annex I shall read as follows:
the term ‘Community’ shall read ‘European Common Aviation Area’;
the terms ‘Community law’, ‘Community legislation’, ‘Community instruments’ and ‘EC Treaty’ shall read ‘ECAA Agreement’;
the term ‘Community airport’ shall read ‘airport located in the European Common Aviation Area’;
the term ‘Official Journal of the European Communities’ or ‘Official Journal of the European Union’ shall read ‘Official Journals of the Contracting Parties’;
the term ‘Community air carrier’ shall read ‘ECAA air carrier’.
3. REFERENCES TO MEMBER STATES
Without prejudice to point 4 of this Annex, whenever acts specified in Annex I contain references to ‘Member State(s)’, the references shall be understood to include, apart from the EC Member States, also the ECAA Partners.
4. PROVISIONS ON EUROPEAN COMMUNITY COMMITTEES AND CONSULTATION OF THE ASSOCIATED PARTIES
Experts of the Associated Parties shall be consulted by the European Commission and given the opportunity to submit their advice each time the acts specified in Annex I provide for the consultation by the European Commission of European Community Committees and for the opportunity to submit their advice or opinion.
Each consultation shall consist of one meeting chaired by the European Commission and shall take place within the Joint Committee at the invitation of the European Commission prior to the consultation of the relevant European Community Committee. The European Commission shall provide each Associated Party at least two weeks in advance of the meeting, unless specific circumstances require a shorter notice, with all necessary information.
The Associated Parties shall be invited to submit their views to the European Commission. The European Commission shall take due account of the advice delivered by the Associated Parties.
The above provisions shall not apply on the application of competition rules set out in this Agreement which shall be governed by the specific consultation procedures set out in Annex III.
5. COOPERATION AND EXCHANGE OF INFORMATION
To facilitate the exercise of the relevant powers of the competent authorities of the Contracting Parties, such authorities shall upon request mutually exchange all information necessary for the proper functioning of this Agreement.
6. REFERENCE TO LANGUAGES
The Contracting Parties shall be entitled to use, in the procedures established in the ambit of this Agreement and without prejudice to Annex IV, any official language of the institutions of the European Union or of another Contracting Party. The Contracting Parties are aware, however, that the utilisation of English facilitates those procedures. If a language which is not an official language of the institutions of European Union is used in an official document, a translation into an official language of the institutions of the European Union shall be simultaneously submitted, taking into account the provision of the preceding sentence. If a Contracting Party intends to use, in an oral procedure, a language that is not an official language of the institutions of the European Union, that Contracting Party shall ensure simultaneous interpretation into English.
ANNEX III
RULES ON COMPETITION AND STATE AID REFERRED TO IN ARTICLE 14 OF THE MAIN AGREEMENT
Article 1
State monopolies
An Associated Party shall progressively adjust any State monopolies of a commercial character so as to ensure that, by the end of the second period referred to in the Protocol to this Agreement which contains the transitional measures with regard to the Associated Party concerned, no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of the Contracting Parties. The Joint Committee shall be informed of the measures adopted to attain this objective.
Article 2
Approximation of State aid and competition legislation
Article 3
Competition rules and other economic provisions
all agreements between undertakings, decisions by associations of undertakings and concerted practices between undertakings which have as their object or effect the prevention, restriction or distortion of competition;
abuse by one or more undertakings of a dominant position in the territories of the Contracting Parties as a whole or in a substantial part thereof;
any State aid which distorts or threatens to distort competition by favouring certain undertakings or certain products.
For the purposes of applying the provisions of paragraph 1(iii), the Contracting Parties recognise that during the periods referred to in the Protocol to this Agreement which contains the transitional measures with regard to an Associated Party, any public aid granted by this Associated Party shall be assessed taking into account that the Associated Party concerned is to be regarded as an area identical to those areas of the European Community described in Article 87(3)(a) of the Treaty establishing the European Community;
By the end of the first period referred to in the Protocol to this Agreement which contains the transitional measures with regard to an Associated Party, this Party shall submit to the European Commission its GDP per capita figures harmonised at NUTS II level. The authority referred to in paragraph 4 and the European Commission shall then jointly evaluate the eligibility of the regions of the Associated Party concerned as well as the maximum aid intensities in relation thereto in order to draw up the regional aid map on the basis of the relevant European Community guidelines.
ANNEX IV
REFERRALS TO THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES
1. General principles relating to Article 16 of the Agreement
1. The procedures established by the Court of Justice of the European Communities, hereinafter referred to as ‘the Court of Justice’, for referrals for preliminary rulings within the European Community shall apply, as far as appropriate. Further to the preliminary ruling, a court or tribunal of a Contracting Party shall apply the interpretation ruled by the Court of Justice.
2. Contracting Parties shall have, within the ambit of this Agreement, the same rights to submit observations to the Court of Justice as the EC Member States.
2. Extent and modalities of the procedure established in Article 16(2) of the Agreement
1. When, in accordance with the second sentence of Article 16(2), a Contracting Party adopts a decision on the extent and modalities of referrals to the Court of Justice, that decision shall specify that either:
any court or tribunal of the Contracting Party against whose decisions there is no judicial remedy under national law shall request the Court of Justice to give a preliminary ruling on a question raised in a case pending before it and concerning the validity or interpretation of an act referred to in Article 16(2) if that court or tribunal considers that a decision on the question is necessary to enable it to give a judgment, or
any court or tribunal of that Contracting Party may request the Court of Justice to give a preliminary ruling on a question raised before it and concerning the validity or interpretation of an act referred to in Article 16(2) if that court or tribunal considers that a decision on the question is necessary to enable it to give a judgment.
2. The modalities of application of Article 16(2) shall be based on the principles enshrined in the legal provisions governing the functioning of the Court of Justice, including the relevant provisions of the EC Treaty, the Statute and the Rules of Procedure of the Court of Justice, as well as the case law of the latter. In the event that it takes a decision on the modalities of application of this provision, the Contracting Party shall also take into consideration the practical guidance released by the Court of Justice in the Information Notice on references by national courts for preliminary rulings.
3. Referrals according to Article 20(3) of the Agreement
The Court of Justice shall treat disputes submitted to it in accordance with Article 20(3) in the same manner as those submitted to it in accordance with Article 239 of the EC Treaty.
4. Referrals to the Court of Justice and languages
The Contracting Parties shall be entitled to use, in the procedures before the Court of Justice established in the ambit of the Agreement, any official language of the institutions of the European Union or of another Contracting Party. If a language which is not an official language of the institutions of the European Union is used in an official document, a translation into French shall be simultaneously submitted. If a Contracting Party intends to use, in an oral procedure, a language that is not an official language of the institutions of the European Union, the Contracting Party shall ensure simultaneous interpretation into French.
ANNEX V
PROTOCOL I
Transitional arrangements between the European Community and the EC Member States, of one part, and the Republic of Albania, of the other part
Article 1
Transitional periods
Article 2
Conditions relating to transition
By the end of the first transitional period Albania shall:
be a full member of the Joint Aviation Authorities and shall endeavour to implement all aviation safety legislation as provided in Annex I;
apply ECAC Document 30 and shall endeavour to implement all aviation security legislation as provided in Annex I;
apply Regulation (EEC) No 3925/91 (on elimination of controls applicable to cabin and hold baggage), Regulation (EEC) No 2409/92 (on fares and rates for air services), Directive 94/56/EC (on accident investigation), Regulation (EC) No 2027/97 (on air carrier liability in the event of accidents), Directive 2003/42/EC (on occurrence reporting), Regulation (EC) No 261/2004 (on denied boarding), Directive 2000/79/EC (on working time in civil aviation) and Directive 2003/88/EC (on working time) as provided in Annex I;
separate the air traffic service provider and the national regulatory body, establish a national supervisory body for air traffic services, start the reorganisation of its airspace into a functional block or blocks, and apply flexible use of airspace;
ratify the Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention);
have made sufficient progress in implementing the rules on State aid and competition included in an agreement referred to in Article 14(1) of the Main Agreement or in Annex III, whichever is applicable.
Article 3
Transitional arrangements
Notwithstanding Article 1(1) of the Main Agreement:
during the first transitional period:
Community air carriers and air carriers licensed by Albania shall be permitted to exercise unlimited traffic rights between any point in Albania and any point in an EC Member State;
Community air carriers shall not be majority owned or effectively controlled by Albania or its nationals and air carriers licensed by Albania shall not be majority owned or effectively controlled by EC Member States or their nationals;
during the second transitional period:
Community air carriers and air carriers licensed by Albania shall be permitted to exercise the traffic rights provided for in paragraph (1)(a)(i);
Community air carriers shall be permitted to exercise unlimited traffic rights between points in Albania and other Associated Parties and shall be permitted to change, at any point, from one aircraft to one other aircraft provided that the flight is a part of a service that serves a point in an EC Member State;
air carriers licensed by Albania shall be permitted to exercise unlimited traffic rights between points in different EC Member States and shall be permitted to change, at any point, from one aircraft to one other aircraft provided that the flight is a part of a service that serves a point in Albania.
Article 4
Aviation safety
Article 5
Aviation security
PROTOCOL II
Transitional arrangements between the European Community and the EC Member States, of one part, and Bosnia and Herzegovina, of the other part
Article 1
Transitional periods
Article 2
Conditions relating to transition
By the end of the first transitional period Bosnia and Herzegovina shall:
be a full member of the Joint Aviation Authorities and shall endeavour to implement all aviation safety legislation as provided in Annex I;
apply ECAC Document 30 and shall endeavour to implement all aviation security legislation as provided in Annex I;
apply Regulation (EEC) No 3925/91 (on elimination of controls applicable to cabin and hold baggage), Regulation (EEC) No 2409/92 (on fares and rates for air services), Directive 94/56/EC (on accident investigation), Directive 96/67/EC (on ground handling), Regulation (EC) No 2027/97 (on air carrier liability in the event of accidents), Directive 2003/42/EC (on occurrence reporting), Regulation (EC) No 261/2004 (on denied boarding), Directive 2000/79/EC (on working time in civil aviation) and Directive 2003/88/EC (on working time) as provided in Annex I;
ratify the Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention);
have made sufficient progress in implementing the rules on State aid and competition included in an agreement referred to in Article 14(1) of the Main Agreement or in Annex III of this Agreement, whichever is applicable.
By the end of the second transitional period Bosnia and Herzegovina shall:
separate the air traffic service provider and the national regulatory body, establish a national supervisory body for air traffic services, start the reorganisation of its airspace into a functional block or blocks, and apply flexible use of airspace;
apply this Agreement including all legislation set out in Annex I.
Article 3
Transitional arrangements
Notwithstanding Article 1(1) of the Main Agreement:
during the first transitional period:
Community air carriers and air carriers licensed by Bosnia and Herzegovina shall be permitted to exercise unlimited traffic rights between any point in Bosnia and Herzegovina and any point in an EC Member State;
Community air carriers shall not be majority owned or effectively controlled by Bosnia and Herzegovina or its nationals and air carriers licensed by Bosnia and Herzegovina shall not be majority owned or effectively controlled by EC Member States or their nationals;
during the second transitional period:
Community air carriers and air carriers licensed by Bosnia and Herzegovina shall be permitted to exercise the traffic rights provided for in paragraph (1)(a)(i);
Community air carriers shall be permitted to exercise unlimited traffic rights between points in Bosnia and Herzegovina and other Associated Parties and shall be permitted to change, at any point, from one aircraft to one other aircraft provided that the flight is a part of a service that serves a point in an EC Member State;
air carriers licensed by Bosnia and Herzegovina shall be permitted to exercise unlimited traffic rights between points in different EC Member States and shall be permitted to change, at any point, from one aircraft to one other aircraft provided that the flight is a part of a service that serves a point in Bosnia and Herzegovina.
Article 4
Aviation safety
Article 5
Aviation security
PROTOCOL III
Transitional arrangements between the European Community and the EC Member States, of one part, and the Republic of Bulgaria, of the other part
Article 1
Transitional period
Article 2
Conditions relating to transition
By the end of the transitional period Bulgaria shall apply this Agreement including all legislation set out in Annex I as provided for in Article 3 of the Main Agreement.
Article 3
Transitional arrangements
Notwithstanding Article 1(1) of the Main Agreement,
during the transitional period:
Community air carriers and air carriers licensed by Bulgaria shall be permitted to exercise unlimited traffic rights between any point in Bulgaria and any point in an EC Member State;
Community air carriers shall be permitted to exercise unlimited traffic rights between points in Bulgaria and other Associated Parties and shall be permitted to change, at any point, from one aircraft to one other aircraft provided that the flight is a part of a service that serves a point in an EC Member State;
air carriers licensed by Bulgaria shall be permitted to exercise unlimited traffic rights between points in different EC Member States and shall be permitted to change, at any point, from one aircraft to one other aircraft provided that the flight is a part of a service that serves a point in Bulgaria.
Article 4
Aviation safety
Article 5
Aviation security
Until the end of the transitional period, if security deficiencies are identified the European Community may require that the permission for an air carrier licensed by Bulgaria to operate on air routes to, from or within the European Community be made subject to a specific security assessment. Such assessment shall be made by the European Community expeditiously in order to avoid any undue delay in the exercise of traffic rights.
PROTOCOL IV
transitional arrangements between the European Community and the EC Member States, of one part, and the Republic of Croatia, of the other part
Article 1
Transitional periods
Article 2
Conditions relating to transition
By the end of the first transitional period Croatia shall:
be a full member of the Joint Aviation Authorities and shall endeavour to implement all aviation safety legislation as provided in Annex I;
apply ECAC Document 30 and shall endeavour to implement all the aviation security legislation as provided in Annex I;
apply Regulation (EEC) No 3925/91 (on the elimination of controls applicable to cabin and hold baggage), Regulation (EEC) No 2409/92 (on fares and rates for air services), Directive 94/56/EC (on accident investigation), Directive 96/67/EC (on ground handling), Regulation (EC) No 2027/97 (on air carrier liability in the event of accidents), Directive 2003/42/EC (on occurrence reporting), Regulation (EC) No 261/2004 (on denied boarding), Directive 2000/79/EC (on working time in civil aviation) and Directive 2003/88/EC (on working time) as provided in Annex I;
separate the air traffic service provider and the national regulatory body, establish a national supervisory body for air traffic services, start the reorganisation of its airspace into a functional block or blocks, and apply flexible use of airspace;
ratify the Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention);
have made sufficient progress in implementing the rules on State aid and competition included in an agreement referred to in Article 14(1) of the Main Agreement or in Annex III of this Agreement, whichever is applicable.
Article 3
Transitional arrangements
Notwithstanding Article 1(1) of the Main Agreement:
during the first and the second transitional periods Community air carriers and air carriers licensed by Croatia shall be permitted to exercise unlimited traffic rights between any point in Croatia and any point in an EC Member State;
during the second transitional period:
Community air carriers and air carriers licensed by Croatia shall be permitted to exercise the traffic rights provided for in paragraph (1)(a),
Community air carriers shall be permitted to exercise unlimited traffic rights between points in Croatia and other Associated Parties and shall be permitted to change, at any point, from one aircraft to one other aircraft provided that the flight is a part of a service that serves a point in an EC Member State,
air carriers licensed by Croatia shall be permitted to exercise unlimited traffic rights between points in different EC Member States and shall be permitted to change, at any point, from one aircraft to one other aircraft provided that the flight is a part of a service that serves a point in Croatia;
until the end of the second transitional period Community air carriers shall not be majority owned or effectively controlled by Croatia or its nationals and air carriers licensed by Croatia shall not be majority owned or effectively controlled by EC Member States or their nationals.
Article 4
Aviation safety
Article 5
Aviation security
PROTOCOL V
Transitional arrangements between the European Community and the EC Member States, of one part, and the former Yugoslav Republic of Macedonia, on the other part
Article 1
Transitional periods
Article 2
Conditions relating to transition
By the end of the first transitional period the former Yugoslav Republic of Macedonia shall:
be a full member of the Joint Aviation Authorities and shall endeavour to implement all the aviation safety legislation as provided in Annex I;
apply ECAC Document 30 and shall endeavour to implement all the aviation security legislation as provided in Annex I;
apply Regulation (EEC) No 3925/91 (on elimination of controls applicable to cabin and hold baggage), Regulation (EEC) No 2409/92 (on fares and rates for air services), Directive 94/56/EC (on accident investigation), Directive 96/67/EC (on ground handling), Directive 2003/42/EC (on occurrence reporting), Directive 2000/79/EC (on working time in civil aviation) and Directive 2003/88/EC (on working time) as provided in Annex I;
separate the air traffic service provider and the national regulatory body, establish a national supervisory body for air traffic services, start the reorganisation of its airspace into a functional block or blocks, and apply flexible use of airspace;
ratify the Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention);
have made sufficient progress in implementing the rules on State aid and competition included in an agreement referred to in Article 14(1) of the Main Agreement or in Annex III of this Agreement, whichever is applicable.
Article 3
Transitional arrangements
Notwithstanding Article 1(1) of the Main Agreement,
during the first transitional period:
Community air carriers and air carriers licensed by the former Yugoslav Republic of Macedonia shall be permitted to exercise unlimited traffic rights between any point in the former Yugoslav Republic of Macedonia and any point in an EC Member State;
Community air carriers shall not be majority owned or effectively controlled by the former Yugoslav Republic of Macedonia or its nationals and air carriers licensed by the former Yugoslav Republic of Macedonia shall not be majority owned or effectively controlled by EC Member States or their nationals.
during the second transitional period:
Community air carriers and air carriers licensed by the former Yugoslav Republic of Macedonia shall be permitted to exercise the traffic rights provided for in paragraph (1)(a)(i);
Community air carriers shall be permitted to exercise unlimited traffic rights between points in the former Yugoslav Republic of Macedonia and other Associated Parties and shall be permitted to change, at any point, from one aircraft to one other aircraft provided that the flight is a part of a service that serves a point in an EC Member State;
air carriers licensed by the former Yugoslav Republic of Macedonia shall be permitted to exercise unlimited traffic rights between points in different EC Member States and shall be permitted to change, at any point, from one aircraft to one other aircraft provided that the flight is a part of a service that serves a point in the former Yugoslav Republic of Macedonia.
Article 4
Application of certain legislation by the former Yugoslav Republic of Macedonia
Notwithstanding Article 2 of this Protocol, upon entry into force of this Agreement the former Yugoslav Republic of Macedonia shall:
apply in practice the Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention);
enforce that air carriers licensed by the former Yugoslav Republic of Macedonia comply in practice with Regulation (EC) No 261/2004;
terminate or bring in line with Community law the contract between the Government of the former Yugoslav Republic of Macedonia and Macedonian Airlines (MAT).
Article 5
Aviation safety
Article 6
Aviation security
PROTOCOL VI
Transitional arrangements between the European Community and the EC Member States, of one part, and the Republic of Serbia, of the other part
Article 1
Transitional periods
Article 2
Conditions relating to transition
By the end of the first transitional period the Republic of Serbia shall:
be a full member of the Joint Aviation Authorities and shall endeavour to implement all the aviation safety legislation as provided in Annex I;
apply ECAC Document 30 and shall endeavour to implement all the aviation security legislation as provided in Annex I;
apply Regulation (EEC) No 3925/91 (on elimination of controls applicable to cabin and hold baggage), Regulation (EEC) No 2409/92 (on fares and rates for air services), Directive 94/56/EC (on accident investigation), Directive 96/67/EC (on ground handling), Regulation (EC) No 2027/97 (on air carrier liability in the event of accidents), Directive 2003/42/EC (on occurrence reporting), Regulation (EC) No 261/2004 (on denied boarding), Directive 2000/79/EC (on working time in civil aviation) and Directive 2003/88/EC (on working time) as provided in Annex I;
separate the air traffic service provider and the regulatory body for the Republic of Serbia, establish a supervisory body for the Republic of Serbia for air traffic services, start the reorganisation of the airspace of the Republic of Serbia into a functional block or blocks, and apply flexible use of airspace;
ratify the Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention);
have made sufficient progress in implementing the rules on State aid and competition included in an agreement referred to in Article 14(1) of the Main Agreement or in Annex III of this Agreement, whichever is applicable.
Article 3
Transitional arrangements
Notwithstanding Article 1(1) of the Main Agreement:
during the first transitional period:
Community air carriers and air carriers licensed by the Republic of Serbia shall be permitted to exercise unlimited traffic rights between any point in the Republic of Serbia and any point in an EC Member State;
Community air carriers shall not be majority owned or effectively controlled by the Republic of Serbia or its nationals and air carriers licensed by the Republic of Serbia shall not be majority owned or effectively controlled by EC Member States or their nationals;
during the second transitional period:
Community air carriers and air carriers licensed by the Republic of Serbia shall be permitted to exercise the traffic rights provided for in paragraph (1)(a)(i);
Community air carriers shall be permitted to exercise unlimited traffic rights between points in the Republic of Serbia and other Associated Parties and shall be permitted to change, at any point, from one aircraft to one other aircraft provided that the flight is a part of a service that serves a point in an EC Member State;
air carriers licensed by the Republic of Serbia shall be permitted to exercise unlimited traffic rights between points in different EC Member States and shall be permitted to change, at any point, from one aircraft to one other aircraft provided that the flight is a part of a service that serves a point in the Republic of Serbia.
Article 4
Aviation safety
Article 5
Aviation security
PROTOCOL VII
Transitional arrangements between the European Community and the EC Member States, of one part, and the Republic of Montenegro, of the other part
Article 1
Transitional periods
Article 2
Conditions relating to transition
By the end of the first transitional period the Republic of Montenegro shall:
be a full member of the Joint Aviation Authorities and shall endeavour to implement all the aviation safety legislation as provided in Annex I;
apply ECAC Document 30 and shall endeavour to implement all the aviation security legislation as provided in Annex I;
apply Regulation (EEC) No 3925/91 (on elimination of controls applicable to cabin and hold baggage), Regulation (EEC) No 2409/92 (on fares and rates for air services), Directive 94/56/EC (on accident investigation), Directive 96/67/EC (on ground handling), Regulation (EC) No 2027/97 (on air carrier liability in the event of accidents), Directive 2003/42/EC (on occurrence reporting), Regulation (EC) No 261/2004 (on denied boarding), Directive 2000/79/EC (on working time in civil aviation) and Directive 2003/88/EC (on working time) as provided in Annex I;
separate the air traffic service provider and the regulatory body for the Republic of Montenegro, establish a supervisory body for the Republic of Montenegro for air traffic services, start the reorganisation of the airspace of the Republic of Montenegro into a functional block or blocks, and apply flexible use of airspace;
ratify the Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention);
have made sufficient progress in implementing the rules on State aid and competition included in an agreement referred to in Article 14(1) of the Main Agreement or in Annex III of this Agreement, whichever is applicable.
Article 3
Transitional arrangements
Notwithstanding Article 1(1) of the Main Agreement:
during the first transitional period:
Community air carriers and air carriers licensed by the Republic of Montenegro shall be permitted to exercise unlimited traffic rights between any point in the Republic of Montenegro and any point in an EC Member State;
Community air carriers shall not be majority owned or effectively controlled by the Republic of Montenegro or its nationals and air carriers licensed by the Republic of Montenegro shall not be majority owned or effectively controlled by EC Member States or their nationals;
during the second transitional period:
Community air carriers and air carriers licensed by the Republic of Montenegro be permitted to exercise the traffic rights provided for in paragraph (1)(a)(i);
Community air carriers shall be permitted to exercise unlimited traffic rights between points in the Republic of Montenegro and other Associated Parties and shall be permitted to change, at any point, from one aircraft to one other aircraft provided that the flight is a part of a service that serves a point in an EC Member State;
air carriers licensed by the Republic of Montenegro shall be permitted to exercise unlimited traffic rights between points in different EC Member States and shall be permitted to change, at any point, from one aircraft to one other aircraft provided that the flight is a part of a service that serves a point in the Republic of Montenegro.
Article 4
Aviation safety
Article 5
Aviation security
PROTOCOL VIII
Transitional arrangements between the European Community and the EC Member States, of one part, and Romania, of the other part
Article 1
Transitional period
Article 2
Conditions relating to transition
By the end of the transitional period Romania shall apply this Agreement including all legislation set out in Annex I.
Article 3
Transitional arrangements
Notwithstanding Article 1(1) of the Main Agreement:
during the transitional period:
Community air carriers and air carriers licensed by Romania shall be permitted to exercise unlimited traffic rights between any point in Romania and any point in an EC Member State;
Community air carriers shall be permitted to exercise unlimited traffic rights between points in Romania and other Associated Parties and shall be permitted to change, at any point, from one aircraft to one other aircraft provided that the flight is a part of a service that serves a point in an EC Member State;
air carriers licensed by Romania shall be permitted to exercise unlimited traffic rights between points in different EC Member States and shall be permitted to change, at any point, from one aircraft to one other aircraft provided that the flight is a part of a service that serves a point in Romania.
Article 4
Aviation safety
Article 5
Aviation security
Until the end of the transitional period, if security deficiencies are identified the European Community may require that the permission for an air carrier licensed by Romania to operate on air routes to, from or within the European Community be made subject to a specific security assessment. Such assessment shall be made by the European Community expeditiously in order to avoid any undue delay in the exercise of traffic rights.
PROTOCOL IX
Transitional arrangements between the European Community and the EC Member States, of the one part, and the United Nations Interim Administration in Kosovo, of the other part
Article 1
UNMIK's competences
The provisions of this Protocol are without prejudice to the competences of the United Nations Interim Administration Mission in Kosovo, hereinafter referred to as ‘UNMIK’, as derived from UN Security Council Resolution 1244 of 10 June 1999.
Article 2
Transitional periods
Article 3
Conditions relating to transition
By the end of the first transitional period UNMIK shall:
implement, without prejudice to its special status under international law, the Joint Aviation Requirements (JARs) adopted by the Joint Aviation Authorities and shall endeavour to implement all aviation safety legislation as provided in Annex I;
apply ECAC Document 30 and shall endeavour to implement all aviation security legislation as provided in Annex I;
apply Regulation (EEC) No 3925/91 (on elimination of controls applicable to cabin and hold baggage), Regulation (EEC) No 2409/92 (on fares and rates for air services), Directive 94/56/EC (on accident investigation), Regulation (EC) No 2027/97 (on air carrier liability in the event of accidents), Directive 2003/42/EC (on occurrence reporting), Regulation (EC) No 261/2004 (on denied boarding), Directive 2000/79/EC (on working time in civil aviation) and Directive 2003/88/EC (on working time) as provided in Annex I;
separate the air traffic service provider and the regulatory body, establish or designate a supervisory body for air traffic services;
apply in practice the Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention);
have made sufficient progress in implementing the rules on State aid and competition included in an agreement referred to in Article 14(1) of the Main Agreement or in Annex III, whichever is applicable.
Article 4
Transitional arrangements
Notwithstanding Article 1(1) of the Main Agreement:
during the first transitional period:
Community air carriers and air carriers licensed by UNMIK shall be permitted to exercise unlimited traffic rights between any point in Kosovo and any point in an EC Member State;
Community air carriers shall not be majority owned or effectively controlled by UNMIK or residents of Kosovo and air carriers licensed by UNMIK shall not be majority owned or effectively controlled by EC Member States or their nationals;
during the second transitional period:
Community air carriers and air carriers licensed by UNMIK shall be permitted to exercise the traffic rights provided for in paragraph (1)(a)(i);
Community air carriers shall be permitted to exercise unlimited traffic rights between points in Kosovo and other Associated Parties and shall be permitted to change, at any point, from one aircraft to one other aircraft provided that the flight is a part of a service that serves a point in an EC Member State;
air carriers licensed by UNMIK shall be permitted to exercise unlimited traffic rights between points in different EC Member States and shall be permitted to change, at any point, from one aircraft to one other aircraft provided that the flight is a part of a service that serves a point in Kosovo.
Article 5
International conventions and agreements
Where the legislation set out in Annex I provides for the obligation to become party to international conventions or agreements, the special status of UNMIK under international law shall be taken into consideration.
Article 6
Aviation safety
Article 7
Aviation security
( 1 ) Pursuant to UN Security Council Resolution 1244 of 10 June 1999.