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COMMON AVIATION AREA AGREEMENT

between the European Union and its Member States, of the one part, and Georgia, of the other part

THE KINGDOM OF BELGIUM,

THE REPUBLIC OF BULGARIA,

THE CZECH REPUBLIC,

THE KINGDOM OF DENMARK,

THE FEDERAL REPUBLIC OF GERMANY,

THE REPUBLIC OF ESTONIA,

IRELAND,

THE HELLENIC REPUBLIC,

THE KINGDOM OF SPAIN,

THE FRENCH REPUBLIC,

THE ITALIAN REPUBLIC,

THE REPUBLIC OF CYPRUS,

THE REPUBLIC OF LATVIA,

THE REPUBLIC OF LITHUANIA,

THE GRAND DUCHY OF LUXEMBOURG,

THE REPUBLIC OF HUNGARY,

MALTA,

THE KINGDOM OF THE NETHERLANDS,

THE REPUBLIC OF AUSTRIA,

THE REPUBLIC OF POLAND,

THE PORTUGUESE REPUBLIC,

ROMANIA,

THE REPUBLIC OF SLOVENIA,

THE SLOVAK REPUBLIC,

THE REPUBLIC OF FINLAND,

THE KINGDOM OF SWEDEN,

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

Parties to the Treaty on European Union and the Treaty on the Functioning of the European Union, hereinafter referred to

as the ‘Member States’, and

THE EUROPEAN UNION,

of the one part, and

GEORGIA, hereinafter referred to as ‘Georgia’,

of the other part,

NOTING the Agreement on Partnership and Cooperation between the European Communities and their Member States,

of the one part, and Georgia, of the other part, done at Luxembourg on 22 April 1996;

DESIRING to create a common aviation area (CAA) based on mutual market access to the air transport markets of the

Parties, with equal conditions of competition, and respect of the same rules — including in the areas of safety, security,

air traffic management, social aspects and the environment;

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DESIRING to facilitate the expansion of air transport opportunities, including through the development of air transport

networks to meet the needs of passengers and shippers for convenient air transport services;

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

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

AGREEING that it is appropriate to base the CAA rules on the relevant legislation in force within the European Union, as

laid down in Annex III to this Agreement;

RECOGNISING that full compliance with the CAA rules entitle the Parties to reap its full advantages including opening

access to markets and maximising benefits for the consumers, and the industries and labour of both Parties;

RECOGNISING that the creation of the CAA and implementation of its rules cannot be achieved without transitional

arrangements where necessary;

RECOGNISING the importance of adequate assistance in this regard;

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

open markets;

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

DESIRING to ensure the highest degree of safety and security in international air transport and reaffirming their grave

concern with regard to acts or threats against the security of aircraft, which jeopardise the safety of persons or property,

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

DESIRING to ensure a level playing field for air carriers, allowing fair and equal opportunity for their air carriers to

provide the agreed services;

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

Agreement;

AFFIRMING the importance of protecting the environment in developing and implementing international aviation policy

and recognising the rights of sovereign States to take appropriate measures to this effect;

NOTING the importance of protecting consumers, including the protections afforded by the Convention for the Unifi

cation of Certain Rules for International Carriage by Air, done at Montreal 28 May 1999;

INTENDING to build upon the framework of existing air transport agreements with the goal of opening access to markets

and maximising benefits for the consumers, air carriers, labour, and communities of both Parties,

HAVE AGREED AS FOLLOWS:

Article 1

factory financial capability and adequate managerial

expertise and is disposed to comply with the laws, regu

lations, and requirements which govern the operation of

such services;

Definitions

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

term:

(6) ‘citizenship’ means whether an air carrier satisfies

requirements regarding such issues as its ownership,

effective control, and principal place of business.

(1) ‘agreed services’ and ‘specified routes’ mean international

air transport pursuant to Article 2 (Grant of rights) of, and

Annex I to, this Agreement;

(2) ‘Agreement’ means this Agreement, its Annexes, and any

amendments thereto;

(7) ‘Convention’ means the Convention on International Civil

Aviation, opened for signature at Chicago on 7 December

1944, and includes:

(3) ‘air transport’ means the carriage by aircraft of passengers,

baggage, cargo, and mail, separately or in combination,

held out to the public for remuneration or hire, which,

for the avoidance of doubt, shall include scheduled and

non-scheduled (charter) air transport, and full cargo

services;

(a) any amendment that has entered into force under

Article 94(a) of the Convention and has been ratified

by both Georgia and the Member State or Member

States of the European Union; and

(4) ‘competent authorities’ means the government agencies or

entities responsible for the administrative functions under

this Agreement;

(b) any Annex or any amendment thereto adopted under

Article 90 of the Convention, in so far as such Annex

or amendment is at any given time effective for both

Georgia and the Member State or Member States of the

European Union as is relevant to the issue in question;

(5) ‘fitness’ means whether an air carrier is fit to operate inter

national air services, that is to say, whether it has satis

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(8) ‘fifth freedom right’ means the right or privilege granted by

one State (the ‘Granting State’) to the air carriers of

another State (‘the Recipient State’), to provide inter

national air transport services between the territory of

the Granting State and the territory of a third state,

subject to the condition that such services originate or

terminate in the territory of the Recipient State;

(i) ‘air fares’ to be paid to air carriers or their agents or

other ticket sellers for the carriage of passengers and

baggage on air services and any conditions under

which those prices apply, including remuneration and

conditions offered to agency and other auxiliary

services; and

(ii) ‘air rates’ to be paid for the carriage of cargo and the

conditions under which those prices apply, including

remuneration and conditions offered to agency and

other auxiliary services.

(9) ‘full cost’ means the cost of providing service plus a

reasonable charge for administrative overhead and where

relevant any applicable charges aimed at reflecting envi

ronmental costs and applied without distinction as to

nationality;

This definition covers, where applicable, the surface trans

portation in connection with international air transport,

and the conditions to which their application is subject.

(10) ‘international air transportation’ means air transportation

which passes through the air space over the territory of

more than one State;

(17) ‘principal place of business’ means the head office or

registered office of an air carrier in the Party within

which the principal financial functions and operational

control, including continued airworthiness management,

of the air carrier are exercised;

(11) ‘ECAA Agreement’ means the multilateral Agreement

between the European Community and its Member

States, the Republic of Albania, Bosnia and Herzegovina,

the Republic of Croatia, the former Yugoslav Republic of

Macedonia, the Republic of Iceland, the Republic of

Montenegro, the Kingdom of Norway, the Republic of

Serbia and the United Nations Interim Administration

(18) ‘public service obligation’ means any obligation imposed

upon air carriers to ensure on

a specified route the

Mission in Kosovo (¹) on the establishment of

European common aviation area;

a

minimum provision of scheduled air services satisfying

fixed standards of continuity, regularity, pricing and

minimum capacity which air carriers would not assume

if they were solely considering their commercial interest.

Air carriers may be compensated by the Party concerned

for fulfilling public service obligations;

(12) ‘Euromed country’ means any Mediterranean country

involved in the European Neighbourhood Policy (which

are, on the date of signature of the Agreement,

Morocco, Algeria, Tunisia, Libya, Egypt, Lebanon, Jordan,

Israel, the Palestinian territory, Syria and Turkey);

(19) ‘subsidy’ means any financial contribution granted by the

authorities or a regional organisation or another public

organisation, i.e. when:

(13) ‘national’ means any person having Georgian nationality

for the Georgian Party, or the nationality of a Member

State for the European Party, or entity, in so far as, in

the case of a legal entity, it is at all times under the

effective control, be it directly or by majority participation,

of persons having Georgian nationality for the Georgian

Party, or persons or entities having the nationality of a

Member State or one of the third countries identified in

Annex IV for the European Party;

(a) a practice of a government or regional body or other

public organisation involves a direct transfer of funds

such as grants, loans or equity infusion, potential

direct transfer of funds to the company, the

assumption of liabilities of the company such as loan

guarantees, capital injections, ownership, protection

against bankruptcy or insurance;

(14) ‘operating licences’ means, in the case of the European

Union and its Member States operating licences and any

other relevant documents or certificates given under the

relevant EU legislation in force and, in the case of

Georgian licences, certificates or permits given under the

relevant Georgian legislation in force;

(b) revenue of a government or regional body or other

public organisation that is otherwise due is foregone,

not collected, or unduly diminished;

(c) a government or regional body or other public organi

sation provides goods or services other than general

infrastructure, or purchases goods or services; or

(15) ‘Parties’ shall mean, on the one hand, the European Union

or its Member States, or the European Union and its

Member States, in accordance with their respective

powers (the European Party), and, on the other hand,

Georgia (the Georgian Party);

(d) a government or regional body or other public organi

sation makes payments to a funding mechanism or

entrusts or directs a private body to carry out one

or more of the type of functions illustrated under

(a), (b) and (c) which would normally be vested in

the government and, in practice, in no real sense

differs from practices normally followed by govern

ments;

(16) ‘price’ means:

(¹) Pursuant to UN Security Council Resolution 1244 of 10 June 1999.

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and where a benefit is thereby conferred.

(a) Georgia the right to take on board, in the territory of any

Member State, passengers, baggage, cargo, and/or mail

carried for compensation and destined for another point

in the territory of that Member State;

(20) ‘SESAR’ means the technical implementation of the single

European sky which provides a coordinated, synchronised

research, development and deployment of the new gener

ations of air traffic management systems;

(b) the European Union the right to take on board, in the

territory of Georgia, passengers, baggage, cargo, and/or

mail carried for compensation and destined for another

point in the territory of Georgia.

(21) ‘territory’ means, for Georgia, the land areas and territorial

waters adjacent thereto under its sovereignty, suzerainty,

protection or mandate, and, for the European Union, the

land areas (mainland and islands), internal waters and terri

torial sea in which the Treaty on European Union and the

Treaty on the Functioning of the European Union is

applied and under the conditions laid down in those

Treaties and any successor instrument. The application of

this Agreement to Gibraltar airport is understood to be

without prejudice to the respective legal positions of the

Kingdom of Spain and the United Kingdom with regard to

the dispute over sovereignty over the territory in which the

airport is situated and to the continuing suspension of

Gibraltar airport from EU aviation measures existing as

at 18 September 2006 as between Member States in

accordance with the Ministerial Statement on Gibraltar

airport agreed in Cordoba on 18 September 2006;

Article 3

Authorisation

1.

On receipt of applications for operating authorisation

from an air carrier of one Party the competent authorities of

the other Party shall grant appropriate authorisations with

minimum procedural delay, provided that:

(a) for an air carrier of Georgia:

— the air carrier has its principal place of business in

Georgia and holds

a valid operating certificate in

accordance with the applicable law of Georgia, and

— effective regulatory control of the air carrier is exercised

and maintained by Georgia, and

(22) ‘user charge’ means a charge imposed on air carriers for

the provision of airport, airport environmental, air navi

gation, or aviation security facilities or services including

related services and facilities;

— unless otherwise determined under Article

6

(Investment) of this Agreement, the air carrier is

owned, directly or through majority ownership, and

effectively controlled by Georgia and/or its nationals;

TITLE I

ECONOMIC PROVISIONS

Article 2

(b) for an air carrier of the European Union:

Grant of rights

— the air carrier has its principal place of business in the

territory of a Member State under the Treaty on the

Functioning of the European Union, and holds a valid

operating licence, and

1.

Each Party shall grant to the other Party in accordance

with Annex I and Annex II, the following rights for the conduct

of international air transport by the air carriers of the other

Party:

— effective regulatory control of the air carrier is exercised

and maintained by the Member State responsible for

issuing its Air Operators Certificate and the relevant

competent authority is clearly identified, and

(a) the right to fly across its territory without landing;

(b) the right to make stops in its territory for any purpose other

than taking on or discharging passengers, baggage, cargo

and/or mail in air transport (non-traffic purposes);

— unless otherwise determined under Article

6

(Investment) of this Agreement, the air carrier is

owned, directly or through majority ownership, by

Member States and/or by nationals of the Member

States, or by other States listed in Annex IV, and/or of

the nationals of these other States;

(c) while operating an agreed service on a specified route, the

right to make stops in its territory for the purpose of taking

up and discharging international traffic in passengers, cargo

and/or mail, separately or in combination; and

(c) the air carrier meets the conditions prescribed under the

laws and regulations normally applied by the authority

competent for the operation of air transport; and

(d) the rights otherwise specified in this Agreement.

(d) the provisions set forth in Article 14 (Aviation safety) and

Article 15 (Aviation security) of this Agreement are being

maintained and administered.

2.

Nothing in this Agreement shall be deemed to confer on

the air carriers of:

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Article 4

— the air carrier does not have its principal place of

business in the territory of a Member State under the

Treaty on the Functioning of the European Union, or

does not have a valid operating licence, or

Reciprocal recognition of regulatory determinations with

regard to airline fitness, ownership and control

Upon receipt of an application for authorisation from an air

carrier of one Party, the competent authorities of the other Party

shall recognise any fitness and/or citizenship determination

made by the competent authorities of the first Party with

respect to that air carrier as if such determination had been

made by its own competent authorities, and not inquire

further into such matters, except as provided for at (a) and

(b) below:

— effective regulatory control of the air carrier is not

exercised and maintained by the Member State

responsible for issuing its Air Operators Certificate or

the competent authority is not clearly identified, or

— unless otherwise determined under Article

6

(Investment) of this Agreement, the air carrier is not

owned and effectively controlled, directly or through

majority ownership, by Member States and/or

nationals of Member States, or by the other States

listed in Annex IV, and/or nationals of these other

States;

(a) If, after receipt of an application for authorisation from an

air carrier, or after the grant of such authorisation, the

competent authorities of the receiving Party have

a

specific reason for concern that, despite the determination

made by the competent authorities of the other Party, the

conditions prescribed in Article 3 (Authorisation) of this

Agreement for the grant of appropriate authorisations or

permissions have not been met, then they are to

promptly advise those authorities, giving substantive

reasons for their concern. In that event, either Party may

seek consultations, which may include representatives of the

relevant competent authorities, and/or additional

information relevant to this concern, and such requests

are to be met as soon as practicable. If the matter

remains unresolved, either Party may bring the matter to

the Joint Committee set up under Article 22 (Joint

Committee) of this Agreement.

(c) the air carrier has failed to comply with the laws and regu

lations referred to in Article 7 (Compliance with laws and

regulations) of this Agreement; or

(d) the provisions set forth in Article 14 (Aviation safety) and

Article 15 (Aviation security) of this Agreement are not

being maintained or administered; or

(e) a Party has made the determination in accordance with

Article

8 (Competitive environment) of this Agreement

that the conditions for a competitive environment are not

being fulfilled.

(b) This Article does not cover recognition of determinations in

relation to:

2.

Unless immediate action is essential to prevent further

— safety certificates or licences,

— security arrangements, or

— insurance coverage.

non-compliance with points (c) or (d) of paragraph 1 of this

Article, the rights established by this Article shall be exercised

only after consultation with the competent authorities of the

other Party.

3.

Neither Party shall use its rights established by the present

Article 5

Article to refuse, revoke, suspend or limit authorisations or

permissions of any air carriers of a Party on the grounds that

majority ownership and/or effective control of that air carrier is

vested in one or more Party to the ECAA or their nationals,

provided that such Party or Parties to the ECAA offer reciprocal

treatment.

Refusal, revocation, suspension, limitation of authorisation

1.

The competent authorities of either Party may refuse,

revoke, suspend or limit the operating authorisations or

otherwise suspend or limit the operations of an air carrier of

another Party where:

Article 6

(a) for an air carrier of Georgia:

Investment

— the air carrier does not have its principal place of

business in Georgia or does not have a valid operating

certificate in accordance with the applicable law of

Georgia, or

Notwithstanding Article

3 (Authorisation) and Article 5

(Refusal, revocation, suspension, limitation of authorisation) of

this Agreement, the majority ownership or the effective control

of an air carrier of Georgia by Member States or their nationals,

or of an air carrier of the European Union by Georgia or its

nationals, shall be permitted by virtue of a prior decision of the

Joint Committee established by this Agreement in accordance

with Article 22(2) (Joint Committee) of this Agreement.

— effective regulatory control of the air carrier is not

exercised or maintained by Georgia, or

— unless otherwise determined under Article

6

(Investment) of this Agreement, the air carrier is not

owned or effectively controlled, directly or through

majority ownership, by Georgia and/or nationals of

Georgia;

This decision shall specify the conditions associated with the

operation of the agreed services under this Agreement and with

the services between third countries and the Parties. The

provisions of Article 22(8) (Joint Committee) of this

Agreement shall not apply to this type of decision.

(b) for an air carrier of the European Union:

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Article 7

Compliance with laws and regulations

While entering, within, or leaving the territory of one

6.

The actions, referred to in paragraph 5 of this Article,

shall be appropriate, proportionate and restricted with regard

to scope and duration to what is strictly necessary. They shall

be exclusively directed towards the air carrier or air carriers

benefiting from a subsidy or the conditions referred to in this

Article, and shall be without prejudice to the right of either

Party to take action under Article 24 (Safeguard measures) of

this Agreement.

1.

Party, the laws and regulations applicable within that territory

relating to the admission to or departure from its territory of

aircraft engaged in air transport, or to the operation and navi

gation of aircraft shall be complied with by the other Party’s air

carriers.

7.

Each Party, upon notification to the other Party, may

approach responsible government entities in the territory of

the other Party including entities at the state, provincial or

local level to discuss matters relating to this Article.

2.

While entering, within, or leaving the territory of one

Party, the laws and regulations applicable within that territory

relating to the admission to or departure from its territory of

passengers, crew or cargo on aircraft (including regulations

relating to entry, clearance, immigration, passports, customs

and quarantine or, in the case of mail, postal regulations)

shall be complied with by, or on behalf of, such passengers,

crew or cargo of the other Party’s air carriers.

8.

The provisions of this Article shall apply without prejudice

to the Parties’ laws and regulations regarding public service

obligations in the territories of the Parties.

Article 9

Commercial opportunities

Air carrier representatives

Article 8

Competitive environment

1.

The Parties acknowledge that it is their joint objective to

have a fair and competitive environment for the operation of air

services. The Parties recognise that fair competitive practices by

air carriers are most likely to occur where these air carriers

operate on a fully commercial basis and are not subsidised.

1.

The air carriers of each Party shall have the right to

establish offices in the territory of the other Party for the

promotion and sale of air transport and related activities.

2.

The air carriers of each Party shall be entitled, in

accordance with the laws and regulations of the other Party

relating to entry, residence, and employment, to bring in and

maintain in the territory of the other Party managerial, sales,

technical, operational, and other specialist staff who are required

to support the provision of air transport.

2.

Within the scope of this Agreement, and without

prejudice to any special provisions contained therein, any

discrimination on grounds of nationality shall be prohibited.

3.

State aid which distorts or threatens to distort competition

by favouring certain undertakings or certain aviation products

or services is incompatible with the proper functioning of this

Agreement, in so far as it may affect trade between the Parties

in the aviation sector.

Ground handling

3.

(a) Without prejudice to point (b) below, each air carrier

shall have in relation to ground handling in the

territory of the other Party:

4.

Any practices contrary to this Article shall be assessed on

the basis of criteria arising from the application of the

competition rules applicable in the European Union, in

particular from Article 107 of the Treaty on the Functioning

of the European Union and interpretative instruments adopted

by the European Union institutions.

(i) the right to perform its own ground handling

(‘self-handling’); or, at its option

(ii) the right to select among competing suppliers that

provide ground handling services in whole or in

part where such suppliers are allowed market

access on the basis of the laws and regulations

of each Party, and where such suppliers are

present in the market.

5.

If one Party finds that conditions exist in the territory of

the other Party, in particular due to a subsidy, which would

adversely affect the fair and equal opportunity of its air carriers

to compete, it may submit observations to the other Party.

Furthermore, it may request a meeting of the Joint Committee,

as provided for in Article 22 (Joint Committee) of this

Agreement. From the receipt of such a request consultations

(b) For the following categories of ground handling

services, i.e. baggage handling, ramp handling, fuel

and oil handling, freight and mail handling as

regards the physical handling of freight and mail

between the air terminal and the aircraft, the rights

under point (a)(i) and (ii) shall be subject only to

physical or operational constraints according to the

laws and regulations applicable in the territory of

the other Party. Where such constraints preclude

self-handling and where there is no effective

shall start within 30 days. Failure to reach

a satisfactory

agreement within 30 days from the start of consultations

shall constitute grounds for the Party that requested the consul

tations to take action to refuse, withhold, revoke, suspend or

impose appropriate conditions on the authorisations of the air

carrier(s) concerned, consistent with Article 5 (Refusal, revo

cation, suspension or limitation of authorisation) of this

Agreement.

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competition between suppliers that provide ground

handling services, all such services shall be available

on both an equal and non discriminatory basis to all

air carriers; prices of such services shall not exceed

their full cost including

assets, after depreciation.

respect of passenger transport sold involving code-shares, the

purchaser shall be informed at the point of sale, or in any case

before boarding, which transportation providers will operate

each sector of the service.

a reasonable return on

8.

(a) In relation to the transport of passengers, surface

transportation providers shall not be subject to laws

and regulations governing air transport on the sole

basis that such surface transportation is held out by

an air carrier under its own name. Surface transpor

tation providers have the discretion to decide whether

to enter into cooperative arrangements. In deciding on

any particular arrangement, surface transportation

providers may consider, among other things,

consumer interests and technical, economic, space,

and capacity constraints.

Sales, local expenses, and transfer of funds

4.

Any air carrier of each Party may engage in the sale of air

transport in the territory of the other Party directly and/or, at

the air carrier’s discretion, through its sales agents, other inter

mediaries appointed by the air carrier or through internet. Each

air carrier shall have the right to sell such transportation, and

any person shall be free to purchase such transportation in the

currency of that territory or in freely convertible currencies in

accordance with the local currency legislation.

(b) Moreover, and notwithstanding any other provision of

this Agreement, air carriers and indirect providers of

cargo transportation of the Parties shall be permitted,

without restriction, to employ in connection with air

transport any surface transportation for cargo to or

from any points in the territories of Georgia and the

European Union, or in third countries, including

transport to and from all airports with customs facil

ities, and including, where applicable, the right[s] to

transport cargo in bond under applicable laws and

regulations. Such cargo, whether moving by surface

or by air, shall have access to airport customs

processing and facilities. Air carriers may elect to

perform their own surface transportation or to

provide it through arrangements with other surface

carriers, including surface transportation operated by

other air carriers and indirect providers of cargo air

transport. Such intermodal cargo services may be

offered at a single, through price for the air and

surface transportation combined, provided that

shippers are not misled as to the facts concerning

such transportation.

5.

Each air carrier shall have the right to convert and remit

from the territory of the other Party to its home territory and,

except where inconsistent with generally applicable law or regu

lation, to the country or countries of its choice, on demand,

local revenues. Conversion and remittance shall be permitted

promptly without restrictions or taxation in respect thereof at

the rate of exchange applicable to current transactions and

remittance on the date the carrier makes the initial application

for remittance.

6.

The air carriers of each Party shall be permitted to pay for

local expenses, including purchases of fuel, in the territory of

the other Party in local currency. At their discretion, the air

carriers of each Party may pay for such expenses in the

territory of the other Party in freely convertible currencies in

accordance with local currency legislation.

Cooperative arrangements

Leasing

7.

In operating or holding out services under this Agreement,

any air carrier of a Party may enter into cooperative marketing

arrangements, such as blocked-space agreements or code-

sharing arrangements, with:

9.

(a) The air carriers of each Party shall be entitled to

provide the agreed services using aircraft and crew

leased from any air carrier, including from third coun

tries, provided that all participants in such

arrangements meet the conditions prescribed under

the laws and regulations normally applied by the

Parties to such arrangements.

(a) any air carrier or carriers of the Parties; and

(b) any air carrier or carriers of a third country; and

(c) any surface, land or maritime carriers;

(b) Neither Party shall require the air carriers leasing out

their equipment to hold traffic rights under this

Agreement.

(c) The leasing with crew (wet-leasing) by a Georgian air

carrier of an aircraft of an air carrier of a third

country, or, by an air carrier of the European

Union, of an aircraft of an air carrier of a third

country other than those mentioned in Annex IV to

this Agreement, in order to exploit the rights

envisaged in this Agreement, shall remain exceptional

provided that (i) all participants in such arrangements hold the

appropriate underlying route authority; and (ii) the

arrangements meet the requirements relating to safety and

competition normally applied to such arrangements. In

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or meet temporary needs. It shall be submitted for

prior approval of the licensing authority of the

leasing air carrier and to the competent authority of

the other Party.

use in or on an aircraft of an air carrier of the other Party

engaged in international air transport, even when these

supplies are to be used on

performed over the said territory;

a part of the journey

Franchising/Branding

(d) printed matter, as provided for by the customs legislation of

each Party, introduced into or supplied in the territory of

one Party and taken on board for use on outbound aircraft

of an air carrier of the other Party engaged in international

air transport, even when these stores are to be used on a

part of the journey performed over the said territory; and

10.

The air carriers of each Party shall be entitled to enter

into franchising or branding arrangements with companies,

including air carriers, of either Party or third countries,

provided that the air carriers hold the appropriate authority

and meet the conditions prescribed under the laws and regu

lations applied by the Parties to such arrangements, particularly

those requiring the disclosure of the identity of the air carrier

operating the service.

(e) safety and security equipment for use at airports or cargo

terminals.

Article 10

3.

Notwithstanding any other provision to the contrary,

Party from

Customs duties and taxation

nothing in this Agreement shall prevent

a

imposing taxes, levies, duties, fees or charges on fuel supplied

in its territory on a non-discriminatory basis for use in an

aircraft of an air carrier that operates between two points in

its territory.

1.

On arriving in the territory of one Party, aircraft operated

in international air transport by the air carriers of the other

Party, their regular equipment, fuel, lubricants, consumable

technical supplies, ground equipment, spare parts (including

engines), aircraft stores (including but not limited to such

items as food, beverages and liquor, tobacco and other

products destined for sale to or use by passengers in limited

quantities during flight), and other items intended for or used

solely in connection with the operation or servicing of aircraft

engaged in international air transport shall be exempt, on the

basis of reciprocity, under its relevant applicable legislation,

from all import restrictions, property taxes and capital levies,

customs duties, excise duties, and similar fees and charges that

are (a) imposed by the national or local authorities or the

European Union; and (b) not based on the cost of services

provided, provided that such equipment and supplies remain

on board the aircraft.

4.

Equipment and supplies referred to in paragraphs 1 and 2

of this Article may be required to be kept under the supervision

or control of the appropriate authorities and not to be trans

ferred without payment of relevant customs duties and taxes.

5.

The exemptions provided by this Article shall also be

available where the air carriers of one Party have contracted

with another air carrier, which similarly enjoys such exemptions

from the other Party, for the loan or transfer in the territory of

the other Party of the items specified in paragraphs 1 and 2 of

this Article.

2.

There shall also be exempt, on the basis of reciprocity,

under its relevant applicable legislation, from the taxes, levies,

duties, fees and charges referred to in paragraph 1 of this

Article, with the exception of charges based on the cost of

the service provided:

6.

Nothing in this Agreement shall prevent either Party from

imposing taxes, levies, duties, fees or charges on goods sold

other than for consumption on board to passengers during a

sector of an air service between two points within its territory at

which embarkation or disembarkation is permitted.

(a) aircraft stores introduced into or supplied in the territory of

a Party and taken on board, within reasonable limits, for use

on outbound aircraft of an air carrier of the other Party

engaged in international air transport, even when these

stores are to be used on a part of the journey performed

over the said territory;

7.

Baggage and cargo in direct transit across the territory of a

Party shall be exempt from taxes, customs duties, fees and other

similar charges that are not based on the cost of the service

provided.

(b) ground equipment and spare parts (including engines)

introduced into the territory of a Party for the servicing,

maintenance, or repair of aircraft of an air carrier of the

other Party used in international air transport;

8.

The regular airborne equipment, as well as the materials

and supplies normally retained on board the aircraft of an air

carrier airline of either Contracting Party, may be unloaded in

the territory of the other Contracting Party only with the

approval of the customs authorities of that territory. In such

case, they may be placed under the supervision of the said

authorities up to such time as they are re-exported or

otherwise disposed of in accordance with customs regulations.

(c) fuel, lubricants and consumable technical supplies

introduced into or supplied in the territory of a Party for

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9.

The stipulations of this Agreement shall not affect the

Article 12

field of VAT, with the exception of turnover tax on imports.

The provisions of the respective conventions in force between a

Member State and Georgia for the avoidance of double taxation

on income and on capital remain unaffected by this Agreement.

Pricing

1.

The Parties shall permit prices to be freely established by

the air carriers on the basis of free and fair competition.

2.

3.

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

Discussions between competent authorities may be held

Article 11

User charges for airports and aviation facilities and

services

on matters such as, but not limited to prices which may be

unjust, unreasonable, discriminatory or subsidised.

1.

Each Party shall ensure that user charges that may be

imposed by its competent charging authorities or bodies on

the air carriers of the other Party for the use of air navigation

and air traffic control, airport, aviation security and related

facilities and services shall be just, reasonable, not unjustly

discriminatory, and equitably apportioned among categories of

users. These charges may reflect, but shall not exceed, the full

cost to the competent charging authorities or bodies of

providing the appropriate airport and aviation security facilities

and services at that airport or within that airport’s system. These

charges may include a reasonable return on assets, after depreci

ation. Facilities and services for which user charges are made

shall be provided on an efficient and economic basis. In any

event, these charges shall be assessed on the air carriers of the

other Party on terms not less favourable than the most

favourable terms available to any other air carrier at the time

the charges are assessed.

Article 13

Statistics

1.

Each Party shall provide to the other Party statistics that

are required by domestic laws and regulations, and, upon

request, other available statistical information as may be

reasonably required for the purpose of reviewing the

operation of the air services.

2.

The Parties shall cooperate in the framework of the Joint

Committee under Article 22 (Joint Committee) of this

Agreement to facilitate the exchange of statistical information

between them for the purpose of monitoring the development

of air services under this Agreement.

TITLE II

REGULATORY COOPERATION

Article 14

2.

Each Party shall require consultations between the

competent charging authorities or bodies in its territory and

the air carriers and/or their representative bodies using the

services and facilities, and shall ensure that the competent

charging authorities or bodies and the air carriers or their repre

sentative bodies exchange such information as may be necessary

to permit an accurate review of the reasonableness of the

charges in accordance with the principles of paragraphs 1 and

2 of this Article. Each Party shall ensure that the competent

charging authorities or bodies provide users with reasonable

notice of any proposal for changes in user charges to enable

those authorities to consider the views expressed by the users

before changes are made.

Aviation safety

1.

Subject to the transitional provisions set out in Annex II

to this Agreement, the Parties shall act in conformity with the

provisions of the aviation safety legislation specified in Part C of

Annex III to this Agreement, under the conditions set out here

after.

2.

The Parties shall cooperate to ensure the implementation

by Georgia of the legislation referred to in paragraph 1 of this

Article. To this purpose, Georgia shall be involved in the work

of the European Aviation Safety Agency as an observer from

the date of entry into force of this Agreement.

3.

Neither Party shall be held, in dispute resolution

procedures pursuant to Article 23 (Dispute resolution and

arbitration) of this Agreement, to be in breach of a provision

of this Article, unless:

3.

The Parties shall ensure that aircraft registered in one Party

suspected of non-compliance with international aviation safety

standards established pursuant to the Convention landing at

airports open to international air traffic in the territory of the

other Party shall be subject to ramp inspections by the

competent authorities of that other Party, on board and

around the aircraft to check both the validity of the aircraft

documents and those of its crew and the apparent condition

of the aircraft and its equipment.

(a) it fails to undertake a review of the charge or practice that is

the subject of complaint by the other Party within

reasonable amount of time; or

a

(b) following such a review it fails to take all steps within its

power to remedy any charge or practice that is inconsistent

with this Article.

4.

The competent authorities of a Party may request consul

tations at any time concerning the safety standards maintained

by the other Party.

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5.

The competent authorities of a Party shall take all appro

Unlawful Acts against the Safety of Civil Aviation, signed at

Montreal on 23 September 1971, the Protocol for the

Suppression of Unlawful Acts of Violence at Airports Serving

International Civil Aviation, signed at Montreal on 24 February

1988 and the Convention on the marking of plastic explosives

for purpose of detection signed at Montreal on 1 March 1991,

in so far as both Parties are parties to these conventions, as well

as all other conventions and protocols relating to civil aviation

security of which both Parties are parties.

priate and immediate measures whenever they ascertain that an

aircraft, a product or an operation may:

(a) fail to satisfy the minimum standards established pursuant

to the Convention or the legislation specified in Part C of

Annex III to this Agreement, whichever is applicable;

(b) give rise to serious concerns — established through an

inspection referred to in paragraph 3 of this Article —

that an aircraft or the operation of an aircraft does not

comply with the minimum standards established pursuant

to the Convention or the legislation specified in Part C of

Annex III to this Agreement, whichever is applicable; or

4.

The Parties shall provide upon request all necessary

assistance to each other to prevent acts of unlawful seizure of

civil aircraft and other unlawful acts against the safety of such

aircraft, their passengers and crew, airports and air navigation

facilities, and any other threat to the security of civil aviation.

(c) give rise to serious concerns that there is a lack of effective

maintenance and administration of minimum standards

established pursuant to the Convention or the legislation

5.

The Parties shall, in their mutual relations, act in

conformity with the aviation security standards and, so far as

they are applied by them, the recommended practices estab

lished by the International Civil Aviation Organisation (ICAO)

and designated as Annexes to the Convention, to the extent that

such security provisions are applicable to the Parties. Both

Parties shall require that operators of aircraft of their registry,

operators who have their principal place of business or

permanent residence in their territory, and the operators of

airports in their territory, act in conformity with such aviation

security provisions.

specified in Part

C of Annex III to this Agreement,

whichever is applicable.

6.

Where the competent authorities of one Party take action

under paragraph 5, they shall promptly inform the competent

authorities of the other Party of taking such action, providing

reasons for their action.

7.

Where measures taken in application of paragraph 5 of

this Article are not discontinued even though the basis for

taking them has ceased to exist, either Party may refer the

matter to the Joint Committee.

6.

Each Party shall ensure that effective measures are taken

within its territory to protect aircraft, to screen passengers and

their carry-on items, and to carry out appropriate checks on

crew, cargo (including hold baggage) and aircraft stores prior to

and during boarding or loading and that those measures are

adjusted to meet increases in the threat. Each Party agrees that

their air carriers may be required to observe the aviation

security provisions referred to in paragraph 5 of this Article

required by the other Party, for entrance into, departure from,

or while within, the territory of that other Party.

Article 15

Aviation security

1.

Subject to the transitional provisions set out in Annex II

to this Agreement, the Parties shall act in conformity with the

provisions of the European Union’s aviation security legislation

specified in Part D of Annex III to this Agreement, under the

conditions set out hereafter.

7.

request from the other Party for reasonable special security

measures to meet particular threat. Except where not

Each Party shall also give positive consideration to any

a

2.

Georgia may be subjected to a European Commission

reasonably possible in case of emergency, each Party will

inform the other Party in advance of any special security

measures it intends to introduce which could have a significant

financial or operational impact on the air transport services

provided under this Agreement. Either Party may request a

meeting of the Joint Committee to discuss such security

measures, as provided for in Article 22 (Joint Committee) of

this Agreement.

inspection in accordance with the relevant European Union

security legislation as referred to in Annex III to this Agreement.

The Parties shall establish the necessary mechanism for the

exchange of information on the results of such security inspec

tions.

3.

The assurance of safety for civil aircraft, their passengers

and crew being a fundamental precondition for the operation of

international air services, the Parties reaffirm their obligations to

each other to provide for the security of civil aviation against

acts of unlawful interference, and in particular their obligations

under the Convention, the Convention on Offences and Certain

Other Acts Committed on Board Aircraft, signed at Tokyo on

14 September 1963, the Convention for the Suppression of

Unlawful Seizure of Aircraft, signed at The Hague on

16 December 1970, the Convention for the Suppression of

8.

When an incident or threat of an incident of unlawful

seizure of civil aircraft or other unlawful acts against the

safety of such aircraft, their passengers and crew, airports or

air navigation facilities occurs, the Parties shall assist each other

by facilitating communications and other appropriate measures

intended to terminate rapidly and safely such incident or threat

thereof.

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9.

Each Party shall take all measures it finds practicable to

airspace and interoperability that stem from the single

European sky, in particular through the early involvement

of Georgia’s efforts to establish functional airspace blocks,

or through appropriate coordination on SESAR.

ensure that an aircraft subjected to an act of unlawful seizure or

other acts of unlawful interference which is on the ground in its

territory is detained on the ground unless its departure is

necessitated by the overriding duty to protect human life.

Wherever practicable, such measures shall be taken on the

basis of mutual consultations.

Article 17

Environment

10.

When a Party has reasonable grounds to believe that the

1.

The Parties recognise the importance of protecting the

other Party has departed from the aviation security provisions

of this Article, that Party shall request immediate consultations

with the other Party.

environment when developing and implementing aviation

policy. The Parties acknowledge that effective global, regional,

national and/or local action is needed to minimise civil

aviation’s impact on the environment.

11.

Without prejudice to Article 5 (Refusal, revocation,

suspension, limitation of authorisations) of this Agreement,

failure to reach a satisfactory agreement within fifteen (15)

days from the date of such request shall constitute grounds to

withhold, revoke, limit or impose conditions on the operating

authorisation of one or more air carriers of such other Party.

2.

Subject to the transitional provisions set out in Annex II

to this Agreement, the Parties shall act in conformity with the

legislation relating to air transport specified in Part E of Annex

III to this Agreement.

12.

When required by an immediate and extraordinary

3.

The Parties recognise the importance of working together,

threat, a Party may take interim action prior to the expiry of

fifteen (15) days.

and within the framework of multilateral discussions, to

consider the effects of aviation on the environment, and to

ensure that any mitigating measures are fully consistent with

the objectives of this Agreement.

13.

Any action taken in accordance with the paragraph 11

of this Article shall be discontinued upon compliance by the

other Party with the full provisions of this Article.

4.

Nothing in this Agreement shall be construed to limit the

authority of the competent authorities of a Party to take all

appropriate measures to prevent or otherwise address the envi

ronmental impacts of air transport provided that such measures

are fully consistent with their rights and obligations under inter

national law and are applied without distinction as to

nationality.

Article 16

Air traffic management

1.

Subject to the transitional provisions set out in Annex II

to this Agreement, the Parties shall act in conformity with the

provisions of the legislation specified in Part B of Annex III to

this Agreement, under the conditions set out hereafter.

Article 18

Consumer protection

2.

The Parties shall cooperate in the field of air traffic

management with a view to extending the single European

sky to Georgia in order to enhance current safety standards

and overall efficiency for general air traffic standards in

Europe, to optimise capacities, to minimise delays and to

increase environmental efficiency. To this purpose, Georgia

shall be involved as observer in the Single Sky Committee

from the date of entry into force of the Agreement. The Joint

Committee shall be responsible for monitoring and facilitating

cooperation in the field of air traffic management.

Subject to the transitional provisions set out in Annex II to this

Agreement, the Parties shall act in accordance with the legis

lation relating to air transport specified in Part G of Annex III to

this Agreement.

Article 19

Computer reservation systems

Subject to the transitional provisions set out in Annex II to this

Agreement, the Parties shall act in accordance with the legis

lation relating to air transport specified in Part H of Annex III to

this Agreement.

3.

With a view to facilitating the application of the single

European sky legislation in their territories:

(a) Georgia shall take the necessary measures to adjust its air

traffic management institutional structures to the single

European sky, in particular by ensuring that pertinent

national supervisory bodies are at least functionally inde

pendent of air navigation service providers; and

Article 20

Social aspects

Subject to the transitional provisions set out in Annex II to this

Agreement, the Parties shall act in accordance with the legis

lation relating to air transport specified in Part F of Annex III to

this Agreement.

(b) The European Union shall associate Georgia with relevant

operational initiatives in the fields of air navigation services,

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TITLE III

begin at the earliest possible date, but not later than two

months from the date of receipt of the request, unless

otherwise agreed by the Parties.

INSTITUTIONAL PROVISIONS

Article 21

6.

For the purpose of the proper implementation of this

Agreement, the Parties shall exchange information and, at the

request of either Party, shall hold consultations within the Joint

Committee.

Interpretation and enforcement

1.

The Parties shall take all appropriate measures, whether

general or specific, to ensure fulfilment of the obligations

arising out of this Agreement and shall refrain from any

measures which would jeopardise attainment of the objectives

of this Agreement.

7.

If, in the view of one of the Parties, a decision of the Joint

Committee is not properly implemented by the other Party, the

former may request that the issue be discussed by the Joint

Committee. If the Joint Committee cannot solve the issue

within two months of its referral, the requesting Party may

take appropriate safeguard measures under Article 24 (Safeguard

measures) of this Agreement.

2.

Each Party shall be responsible, in its own territory, for

the proper enforcement of this Agreement and, in particular,

the regulations and directives related to air transport listed in

Annex III to this Agreement.

8.

Without prejudice to paragraph 2, if the Joint Committee

3.

Each Party shall give the other Party all necessary

does not take a decision on an issue which has been referred to

it within six months of the date of referral, the Parties may take

appropriate temporary safeguard measures under Article 24

(Safeguard measures) of this Agreement.

information and assistance in the case of investigations on

possible infringements of provisions of this Agreement which

that other Party carries out under its respective competences as

provided in this Agreement.

9.

In accordance with Article 6 (Investment) of this

Agreement, the Joint Committee shall examine questions

relating to bilateral investments of majority ownership, or

changes in the effective control of air carriers of the Parties.

4.

Whenever the Parties act under the powers granted to

them by this Agreement on matters which are of substantial

interest to the other Party and which concern the authorities or

undertakings of the other Party, the competent authorities of

the other Party shall be fully informed and given the oppor

tunity to comment before a final decision is taken.

10.

The Joint Committee shall also develop cooperation by:

(a) fostering expert-level exchanges on new legislative or regu

latory initiatives and developments, including in the fields of

security, safety, the environment, aviation infrastructure

(including slots), competitive environment and consumer

protection;

5.

In so far as the provisions of this Agreement and the

provisions of the acts specified in Annex III to this

Agreement are identical in substance to corresponding rules

of the Treaty on European Union and the Treaty on the Func

tioning of the European Union and to acts adopted pursuant to

the Treaty on European Union and the Treaty on the Func

tioning of the European Union, those provisions shall, in their

implementation and application, be interpreted in conformity

with the relevant rulings and decisions of the Court of Justice

and the European Commission.

(b) reviewing market conditions affecting air services under this

Agreement;

(c) regularly examining the social effects of this Agreement as it

is implemented, notably in the area of employment and

developing appropriate responses to concerns found to be

legitimate;

Article 22

The Joint Committee

(d) considering potential areas for the further development of

this Agreement, including the recommendation of

amendments to this Agreement;

1.

A joint committee composed of representatives of the

Parties (hereinafter referred to as ‘the Joint Committee’) is

hereby established, which shall be responsible for the adminis

tration of this Agreement and shall ensure its proper implemen

tation. For this purpose it shall make recommendations and

take decisions where expressly provided by this Agreement.

(e) agreeing, on the basis of consensus, on proposals,

approaches or documents of a procedural nature directly

related to the functioning of this Agreement;

(f) considering and developing technical assistance in the areas

covered by this Agreement; and

2.

The decisions of the Joint Committee shall be adopted by

consensus and shall be binding upon the Parties. They will be

put into effect by the Parties in accordance with their own rules.

(g) fostering cooperation in relevant international forums.

3.

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

Article 23

procedure.

Dispute resolution and arbitration

4.

The Joint Committee shall meet as and when necessary.

Either Party may request the convening of a meeting.

1.

If any dispute arises between the Parties relating to the

interpretation or application of this Agreement they shall in the

first place endeavour to settle it through formal consultations

within the Joint Committee in accordance with paragraph 5 of

Article 22 (Joint Committee) of this Agreement.

5.

A Party may also request a meeting of the Joint

Committee to seek to resolve any question relating to the inter

pretation or application of this Agreement. Such a meeting shall

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2.

Either Party may refer any dispute relating to the appli

4.

The Parties shall immediately enter into consultations in

cation or interpretation of this Agreement, which it has not

been possible to resolve in accordance with paragraph 1 of

this Article, to an arbitration panel of three arbitrators in

accordance with the procedure laid down hereafter:

the Joint Committee with a view to finding a commonly

acceptable solution.

5.

Without prejudice to Article 3(d) (Authorisation),

Article 5(d) (Refusal, revocation, suspension, limitation of auth

orisation), Article 14 (Aviation safety) and Article 15 (Aviation

security) of this Agreement, the Party concerned may not take

safeguard measures until one month has elapsed after the date

of notification under paragraph 3 of this Article, unless the

consultation procedure under paragraph 4 of this Article has

been concluded before the expiry of the stated time limit.

(a) each Party shall appoint an arbitrator within sixty (60) days

from the date of reception of the notification for the request

for arbitration by the arbitration panel addressed by the

other Party through diplomatic channels; the third arbitrator

should be appointed by the other two arbitrators within

sixty (60) additional days. If one of the Parties has not

appointed an arbitrator within the agreed period, or if the

third arbitrator is not appointed within the agreed period,

each Party may request the President of the Council of the

ICAO to appoint an arbitrator or arbitrators, whichever is

applicable;

6.

The Party concerned shall, without delay, notify the

measures taken to the Joint Committee and shall provide all

relevant information.

7.

Any action taken under the terms of this Article shall be

(b) the third arbitrator appointed under the terms of paragraph

(a) above should be a national of a third State and shall act

as a President of the arbitration panel;

suspended, as soon as the Party at fault satisfies the provisions

of this Agreement.

Article 25

(c) the arbitration panel shall agree its rules of procedure; and

Relationship to other agreements

(d) subject to the final decision of the arbitration panel, the

initial expenses of the arbitration shall be shared equally

by the Parties.

1.

The provisions of this Agreement shall prevail over the

relevant provisions of existing bilateral agreements between

Georgia and the Member States. However, existing traffic

rights which originate from these bilateral agreements and

which are not covered under this Agreement can continue to

be exercised, provided that there is no discrimination between

the Member States and their nationals.

3.

At the request of a Party the arbitration panel may order

the other Party to implement interim relief measures pending

the panel’s final determination.

4.

Any provisional decision or final decision of the

2.

The Parties shall consult in the Joint Committee, upon

arbitration panel shall be binding upon the Parties.

request of either side, to recommend whether Georgia should

join the ECAA Agreement.

5.

If one of the Parties does not act in conformity with a

decision of the arbitration panel taken under the terms of this

Article within thirty (30) days from the notification of the afore

mentioned decision, the other Party may, for as long as this

failure endures, limit, suspend or revoke the rights or privileges

which it had granted under the terms of this Agreement from

the Party at fault.

3.

If the Parties become parties to a multilateral agreement,

or endorse a decision adopted by ICAO or another international

organisation, that addresses matters covered by this Agreement,

they shall consult in the Joint Committee to determine whether

this Agreement should be revised to take into account such

developments.

Article 24

Article 26

Safeguard measures

Amendments

1.

The Parties shall take any general or specific measures

1.

If one of the Parties wishes to amend the provisions of

required to fulfil their obligations under this Agreement. They

shall ensure that the objectives set out in this Agreement are

attained.

this Agreement, it shall notify the Joint Committee accordingly

for its decision.

2.

The Joint Committee may, upon the proposal of one Party

2.

If either Party considers that the other Party has failed to

and in accordance with this Article, decide to modify the

Annexes to this Agreement.

fulfil an obligation under this Agreement, it may take appro

priate safeguard measures. Safeguard measures shall be restricted

with regard to their scope and duration to what is strictly

necessary in order to remedy the situation or maintain the

balance of this Agreement. Priority shall be given to such

measures as will least disturb the functioning of this Agreement.

3.

The amendment to this Agreement shall enter into force

after completion of the respective internal procedures of each

Party.

3.

A Party which is considering taking safeguard measures

4.

This Agreement shall be without prejudice to the right of

shall without delay notify the other Parties through the Joint

Committee and shall provide all relevant information.

each Party, subject to compliance with the principle of non-

discrimination and the provisions of this Agreement to

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unilaterally adopt new legislation or amend its existing legis

lation in the field of air transport or an associated area

mentioned in Annex III to this Agreement.

season in effect one year following the date of written notifi

cation of termination, unless the notice is withdrawn by mutual

agreement of the Parties before the expiry of this period.

Article 28

5.

When new legislation or an amendment to its existing

legislation in the field of air transport or an associated area

mentioned in Annex III to this Agreement is being considered

by either Parties, it shall inform the other Party as appropriate

and possible. At the request of either Party, an exchange of

views may take place in the Joint Committee.

Registration with the International Civil Aviation

Organisation and the United Nations Secretariat

This Agreement and all amendments thereto shall be registered

with the ICAO and with the UN Secretariat.

Article 29

6.

Each Party shall regularly and as soon as appropriate

inform the other Party of newly adopted legislation or

amendment to its existing legislation in the field of air

transport or an associated area mentioned in Annex III to this

Agreement. Upon the request of any Party, the Joint Committee

shall within sixty (60) days thereafter hold an exchange of views

on the implications of such new legislation or amendment for

the proper functioning of this Agreement.

Provisional application and entry into force

1.

This Agreement shall enter into force one month after the

date of the last note in an exchange of diplomatic notes

between the Parties confirming that all necessary procedures

for entry into force of this Agreement have been completed.

For purposes of this exchange, Georgia shall deliver to the

General Secretariat of the Council of the European Union its

diplomatic note to the European Union and its Member States,

and the General Secretariat of the Council of the European

Union shall deliver to Georgia the diplomatic note from the

European Union and its Member States. The diplomatic note

from the European Union and its Member States shall contain

communications from each Member State confirming that its

necessary procedures for entry into force of this Agreement

have been completed.

7.

Following the exchange of views referred to in paragraph

6 of this Article, the Joint Committee shall:

(a) adopt a decision revising Annex III to this Agreement so as

to integrate therein, if necessary on a basis of reciprocity,

the new legislation or amendment in question;

(b) adopt a decision to the effect that the new legislation or

amendment in question shall be regarded as in accordance

with this Agreement; or

2.

Notwithstanding paragraph 1 of this Article, the Parties

agree to provisionally apply this Agreement, in accordance with

their internal procedures and/or domestic legislation as appli

cable, from the first day of the month following the date of the

latest note of which the Parties have notified the other Party of

the completion of the necessary procedures for application.

(c) recommend any other measures, to be adopted within a

reasonable period of time, to safeguard the proper func

tioning of this Agreement.

IN WITNESS WHEREOF the undersigned, being duly authorised,

have signed this Agreement.

Article 27

Termination

Done at Brussels on the second day of December in the year

two thousand and ten, in duplicate, in the Bulgarian, Czech,

Danish, Dutch, English, Estonian, Finnish, French, German,

Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish,

Portuguese, Romanian, Slovak, Slovene, Spanish, Swedish and

Georgian languages, each text being equally authentic.

Either Party may, at any time, give notice in writing through

diplomatic channels to the other Party of its decision to

terminate this Agreement. Such notice shall be sent simulta

neously to ICAO and to the UN Secretariat. This Agreement

shall terminate at midnight GMT at the end of the IATA traffic

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Voor het Koninkrijk België

Pour le Royaume de Belgique

Für das Königreich Belgien

Deze handtekening verbindt eveneens het Vlaamse Gewest en het Brussels Hoofdstedelijk Gewest.

Cette signature engage égalament la Région wallonne, la Région flamande et la Région de Bruxelles-Capitale.

Diese Unterschrift bindet zugleich die Wallonische Region, die Flämische Region und die Region

Brüssel-Hauptstadt.

За Република България

Za Českou republiku

På Kongeriget Danmarks vegne

Für die Bundesrepublik Deutschland

Eesti Vabariigi nimel

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Thar cheann Na hÉireann

For Ireland

Για την Ελληνική Δημοκρατία

Por el Reino de España

Pour la République française

Per la Repubblica italiana

Για την Κυπριακή Δημοκρατία

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Latvijas Republikas vārdā –

Lietuvos Respublikos vardu

Pour le Grand-Duché de Luxembourg

A Magyar Köztársaság részéről

Għal Malta

Voor het Koninkrijk der Nederlanden

Für die Republik Österreich

EN

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Official Journal of the European Union

20.11.2012

W imieniu Rzeczypospolitej Polskiej

Pela República Portuguesa

Pentru România

Za Republiko Slovenijo

Za Slovenskú republiku

Suomen tasavallan puolesta

För Republiken Finland

För Konungariket Sverige

EN

20.11.2012

Official Journal of the European Union

L 321/21

For the United Kingdom of Great Britain and Northern Ireland

За Европейския съюз

Por la Unión Europea

Za Evropskou unii

For Den Europæiske Union

Für die Europäische Union

Euroopa Liidu nimel

Για την Ευρωπαϊκή Ένωση

For the European Union

Pour l'Union européenne

Per l'Unione europea

Eiropas Savienības vārdā –

Europos Sąjungos vardu

Az Európai Unió részéről

Għall-Unjoni Ewropea

Voor de Europese Unie

W imieniu Unii Europejskiej

Pela União Europeia

Pentru Uniunea Europeană

Za Európsku úniu

Za Evropsko unijo

Euroopan unionin puolesta

För Europeiska unionen

EN

L 321/22

Official Journal of the European Union

20.11.2012

ANNEX I

AGREED SERVICES AND SPECIFIED ROUTES

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

2. Each Party grants to the air carriers of the other Party the rights to provide air transport services on the routes

specified hereunder:

(a) for air carriers of the European Union: any point in the European Union — intermediate points in Euromed

countries, ECAA, or countries listed in Annex IV — any point in Georgia — points beyond;

(b) for air carriers of Georgia: any point in Georgia — intermediate points in Euromed countries, ECAA or countries

listed in Annex IV — any point in the European Union.

3. The services operated according to paragraph 2 of this Annex shall originate or terminate in the territory of Georgia,

for Georgian air carriers, and in the territory of the European Union for air carriers of the European Union.

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

(a) operate flights in either or both directions;

(b) combine different flight numbers within one aircraft operation;

(c) serve intermediate and beyond points, as specified in paragraph 2 of this Annex, and points in the territories of the

Parties in any combination and in any order;

(d) omit stops at any point or points;

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

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

(g) carry transit traffic through the other Party’s territory; and

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

5. Each Party shall allow each air carrier to determine the frequency and capacity of the international air transport it

offers based upon commercial considerations in the marketplace. Consistent with this right, neither Party shall

unilaterally limit the volume of traffic, frequency or regularity of service, or the aircraft type or types operated by

the air carriers of the other Party, except for customs, technical, operational, environmental, protection of health

reasons or in application of Article 8 (Competitive environment) of this Agreement.

6. The air carriers of each Party may serve, including within the framework of code share arrangements, any point located

in a third country that is not included on the specified routes, provided that they do not exercise fifth freedom rights.

EN

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Official Journal of the European Union

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ANNEX II

TRANSITIONAL PROVISIONS

1. The implementation and application by Georgia of all the provisions of the legislation of the European Union relating

to air transport indicated in Annex III to this Agreement, with the exception of the security legislation under Part D of

Annex III to this Agreement, shall be the subject of an evaluation under the responsibility of the European Union

which shall be validated by a decision of the Joint Committee. Such an evaluation shall be conducted two years after

the entry into force of the Agreement at the latest.

2. Notwithstanding the provisions of Annex I to this Agreement, the agreed services and specified routes of this

Agreement, shall not include, until the moment of the adoption of the decision referred to in paragraph 1 of this

Annex II to this Agreement, the right to exercise fifth freedom rights, including for the air carriers of Georgia between

points within the territory of the European Union.

However, all traffic rights already granted by one of the bilateral agreements between Georgia and the Member States

of the European Union can continue to be exercised in so far as there is no discrimination between air carriers of the

European Union on the basis of nationality.

3. The implementation of the aviation security legislation by Georgia shall be the subject of an evaluation under the

responsibility of the European Union which shall be validated by a decision of the Joint Committee. Such an

evaluation shall be conducted at the latest three years after the entry into force of this Agreement. In the

meantime, Georgia shall implement ECAC Doc 30.

4. At the end of the transitional period, the confidential part of the security legislation as provided in Part D of Annex III

to this Agreement shall be made available to the appropriate authority of Georgia, subject to an agreement on the

exchange of security sensitive information including EU classified information.

5. The gradual transition of Georgia to the full application of the legislation of the European Union relating to air

transport indicated in Annex III to this Agreement may be subject to regular assessments. The assessments shall be

carried out by the European Commission in cooperation with Georgia.

6. As of the date of decision referred to in paragraph 1 of this Annex, Georgia will apply operating licensing rules

substantially equivalent to those contained in Chapter II of Regulation (EC) No 1008/2008 of the European Parliament

and of the Council of 24 September 2008 on common rules for the operation of air services in the Community. The

provisions of Article 4 of this Agreement with regard to the reciprocal recognition of fitness and/or citizenship

determinations made by the competent authorities of Georgia shall be applied by the competent authorities of the

European Union upon the confirmation by the Joint Committee of the full application by Georgia of such operating

licensing rules.

7. Without prejudice to a decision within the Joint Committee or within Article 24 (Safeguard measures), airworthiness

of aircraft registered at the date of signature in the Georgian register and used by operators under the regulatory

control of Georgia, which do not have a type certificate issued by EASA in accordance with the relevant EU legislation

in Part C of Annex III to this Agreement, can be managed under the responsibility of the Georgian competent

authorities in accordance with the applicable national requirements of Georgia until:

(a) 1 January 2015 for certain aircraft engaged in cargo-only operations;

(b) 31 December 2019 for certain helicopters and light and ultra-light aircraft engaged in operations such as search

and rescue, aerial work, training, emergency, agricultural and humanitarian flights in accordance with the oper

ational certificates of the respective carriers, provided the aircraft complies with international aviation safety

standards established pursuant to the Convention. Such aircraft shall not benefit from any additional rights

granted under this Agreement after the decision referred to in paragraph 1 of this Annex has been adopted.

EN

L 321/24

Official Journal of the European Union

20.11.2012

ANNEX III

(Subject to regular update)

RULES APPLICABLE TO CIVIL AVIATION

The ‘applicable provisions’ of the following acts shall be applicable in accordance with this Agreement unless otherwise

specified in this Annex or in Annex II to this Agreement (transitional provisions). Where necessary, specific adaptations

for each individual act are set out hereafter:

A. Market access and ancillary issues

No 95/93

Council Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at Community

airports

as amended by:

Regulation (EC) No 894/2002 of the European Parliament and of the Council of 27 May 2002 amending Council

Regulation (EEC) No 95/93

Regulation (EC) No 1554/2003 of the European Parliament and of the Council of 22 July 2003 amending Council

Regulation (EEC) No 95/93

Regulation (EC) No 793/2004 of the European Parliament and of the Council of 21 April 2004 amending Council

Regulation (EEC) No 95/93

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

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

No 96/67

Council Directive 96/67/EC of 15 October 1996 on access to the ground handling market at Community airports

Applicable provisions: Articles 1 to 25 and Annex

As regards the application of Article 10, the term ‘Member States’ shall read ‘Member States of the European Union’

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

No 785/2004

Regulation (EC) No 785/2004 of the European Parliament and of the Council of 21 April 2004 on insurance

requirements for air carriers and aircraft operators

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

No 2009/12

Directive 2009/12/EC of the European Parliament and of the Council of 11 March 2009 on airport charges

Applicable provisions: Articles 1 to 12

B. Air traffic management

No 549/2004

Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the

framework for the creation of the single European sky (the framework Regulation)

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

No 550/2004

Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 2004 on the provision of

air navigation services in the single European sky (the service provision Regulation)

Applicable provisions: Articles 1 to 19, Annexes I and II

EN

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Official Journal of the European Union

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No 551/2004

Regulation (EC) No 551/2004 of the European Parliament and of the Council of 10 March 2004 on the organisation

and use of the airspace in the single European sky (the airspace Regulation)

Applicable provisions: Articles 1 to 11

No 552/2004

Regulation (EC) No 552/2004 of the European Parliament and of the Council of 10 March 2004 on the inter

operability of the European Air Traffic Management network (the interoperability Regulation)

Applicable provisions: Articles 1 to 12, Annexes I to V

No 2096/2005

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

provision of air navigation services

as amended by:

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

amending Regulation (EC) 2096/2005

Commission Regulation (EC) No 482/2008 of 30 May 2008 establishing a software safety assurance system to be

implemented by air navigation service providers and amending Annex II to Regulation (EC) No 2096/2005

Commission Regulation (EC) No 668/2008 of 15 July 2008 amending Annexes II to V of Regulation (EC) No

2096/2005 laying down common requirements for the provision of air navigation services, as regards working

methods and operating procedures

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

No 2150/2005

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

airspace

No 2006/23

Directive 2006/23/EC of the European Parliament and of the Council of 5 April 2006 on a Community air traffic

controller licence

Applicable provisions: Articles 1 to 16, 18, 19, 20 and Annexes I to IV

No 730/2006

Commission Regulation (EC) No 730/2006 of 11 May 2006 on airspace classification and access of flights operated

under visual flight rules above flight level 195

No 1794/2006

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

navigation services

No 1033/2006

Commission Regulation (EC) No 1033/2006 of 4 July 2006 laying down the requirements on procedures for flight

plans in the pre-flight phase for the single European sky

No 1032/2006

Commission Regulation (EC) No 1032/2006 of 6 July 2006 laying down requirements for automatic systems for the

exchange of flight data for the purpose of notification, coordination and transfer of flights between air traffic control

units

No 219/2007

Council Regulation (EC) No 219/2007 of 27 February 2007 on the establishment of a Joint Undertaking to develop

the new generation European air traffic management system (SESAR)

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

EN

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Official Journal of the European Union

20.11.2012

No 633/2007

Commission Regulation (EC) No 633/2007 of 7 June 2007 laying down requirements for the application of a flight

message transfer protocol used for the purpose of notification, coordination and transfer of flights between air traffic

control units

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

No 1265/2007

Commission Regulation (EC) No 1265/2007 of 26 October 2007 laying down requirements on air-ground voice

channel spacing for the single European sky

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

No 1315/2007

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

amending Regulation (EC) No 2096/2005

Applicable provisions: Articles 1 to 15

No 482/2008

Commission Regulation (EC) No 482/2008 of 30 May 2008 establishing a software safety assurance system to be

implemented by air navigation service providers and amending Annex II to Regulation (EC) No 2096/2005

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

No 668/2008

Commission Regulation (EC) No 668/2008 of 15 July 2008 amending Annexes II to V of Regulation (EC) No

2096/2005 laying down common requirements for the provision of air navigation services, as regards working

methods and operating procedures

Applicable provisions: Articles 1 to 2

No 1361/2008

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)

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

11 and 12)

No 29/2009

Commission Regulation (EC) No 29/2009 of 16 January 2009 laying down requirements on data link services for the

single European sky

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

No 30/2009

Commission Regulation (EC) 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

Applicable provisions: Articles 1 to 2, Annex

No 262/2009

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

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

No 1070/2009

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

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

EN

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C. Aviation safety

No 3922/91

Council Regulation (EEC) No 3922/91 of 16 December 1991 on the harmonisation of technical requirements and

administrative procedures in the field of civil aviation

as amended by:

Commission Regulation (EC) No 2176/96 of 13 November 1996 amending to scientific and technical progress

Council Regulation (EEC) No 3922/91

Commission Regulation (EC) No 1069/1999 of 25 May 1999 adapting to scientific and technical progress Council

Regulation (EEC) No 3922/91

Commission Regulation (EC) No 2871/2000 of 28 December 2000 adapting to scientific and technical progress

Council Regulation (EEC) 3922/91 on the harmonisation of technical requirements and administrative procedures in

the field of civil aviation

Regulation (EC) No 1592/2002 of the European Parliament and of the Council of 15 July 2002 on common rules in

the field of civil aviation and establishing a European Aviation Safety Agency

Regulation (EC) No 1899/2006 of the European Parliament and of the Council of 12 December 2006 amending

Council Regulation (EEC) No 3922/91 on the harmonisation of technical requirements and administrative procedures

in the field of civil aviation

Regulation (EC) No 1900/2006 of the European Parliament and of the Council of 20 December 2006 amending

Council Regulation (EEC) No 3922/91 on the harmonisation of technical requirements and administrative procedures

in the field of civil aviation

Commission Regulation (EC) No 8/2008 of 11 December 2007 amending Council Regulation (EEC) No 3922/91 as

regards common technical requirements and administrative procedures applicable to commercial transportation by

aeroplane

Commission Regulation (EC) No 859/2008 of 20 August 2008 amending Council Regulation (EEC) No 3922/91 as

regards common technical requirements and administrative procedures applicable to commercial transportation by

aeroplane

Applicable provisions: Articles 1 to 10, 12 to13 with the exception of Article 4(1) and Article 8(2) (second sentence),

Annexes I to III

As regards the application of Article 12, ‘Member States’ shall read ‘Member States of the European Union’

No 216/2008

Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules

in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive

91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC

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

Article 69(4), Annexes I to VI

as amended by:

Commission Regulation (EC) No 690/2009 of 30 July 2009 amending Regulation (EC) No 216/2008 of the European

Parliament and the Council on common rules in the field of civil aviation and establishing a European Aviation Safety

Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC

Regulation (EC) No 1108/2009 of the European Parliament and of the Council of 21 October 2009 amending

Regulation (EC) No 216/2008 in the field of aerodromes, air traffic management and air navigation services and

repealing Directive 2006/23/EC

Applicable provisions: Articles 1 to 3 (with the exception of Article 1.7 establishing new Articles 8a.5, 8b.6 and

8c.10), Annex

EN

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Official Journal of the European Union

20.11.2012

No 94/56

Council Directive 94/56/EC of 21 November 1994 establishing the fundamental principles governing the investi

gations of civil aviation accidents and incidents

Applicable provisions: Articles 1 to 12

No 2003/42

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

civil aviation

Applicable provisions: Articles 1 to 11, Annexes I and II

No 1321/2007

Commission Regulation (EC) No 1321/2007 of 12 November 2007 laying down implementing rules for the inte

gration into a central repository of information on civil aviation occurrences exchanged in accordance with Directive

2003/42/EC of the European Parliament and of the Council

Applicable provisions: Articles 1 to 4

No 1330/2007

Commission Regulation (EC) No 1330/2007 of 24 September 2007 laying down implementing rules for the

dissemination to interested parties of information on civil aviation occurrences referred to in Article 7(2) of

Directive 2003/42/EC of the European Parliament and of the Council

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

No 1702/2003

Commission Regulation (EC) No 1702/2003 of 24 September 2003 laying down implementing rules for the

airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for

the certification of design and production organisations

as amended by:

Commission Regulation (EC) No 381/2005 of 7 March 2005 amending Regulation (EC) No 1702/2003 laying down

implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and

appliances, as well as for the certification of design and production organisations

Commission Regulation (EC) No 706/2006 of 8 May 2006 amending Regulation (EC) No 1702/2003 as regards the

period during which Member States may issue approvals of a limited duration

Commission Regulation (EC) No 335/2007 of 28 March 2007 amending Regulation (EC) No 1702/2003 as regards

the implementing rules related to environmental certification of aircraft and related products, parts and appliances

Commission Regulation (EC) No 375/2007 of 30 March 2007 amending Regulation (EC) No 1702/2003 laying down

implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and

appliances, as well as for the certification of design and production organisations

Commission Regulation (EC) No 287/2008 of 28 March 2008 on the extension of the period of validity of referred to

in Article 2c(3) of Regulation (EC) No 1702/2003

Commission Regulation (EC) No 1057/2008 of 27 October 2008 amending Appendix II of Annex to Regulation (EC)

No 1702/2003 concerning the Airworthiness Review Certificate (EASA Form 15a)

Commission Regulation (EC) No 1194/2009 of 30 November 2009 amending Regulation (EC) No 1702/2003 laying

down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts

and appliances as well as for certification of design and production organisations

Note: Corrected by Corrigendum to Commission Regulation (EC) No 1194/2009 of 30 November 2009 amending

Regulation (EC) No 1702/2003 laying down implementing rules for the airworthiness and environmental certification

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

(OJ L 321, 8.12.2009)

Applicable provisions: Articles 1 to 4, Annex. The transitional periods referred to in this Regulation shall be

determined by the Joint Committee

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No 2042/2003

Commission Regulation (EC) No 2042/2003 of 20 November 2003 on the continuing airworthiness of aircraft and

aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these

tasks

as amended by:

Commission Regulation (EC) No 707/2006 of 8 May 2006 amending Regulation (EC) No 2042/2003 as regards

approvals of a limited duration and Annexes I and III

Commission Regulation (EC) No 376/2007 of 30 March 2007 amending Regulation (EC) No 2042/2003 on the

continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organi

sations and personnel involved in these tasks

Commission Regulation (EC) No 1056/2008 of 27 October 2008 amending Regulation (EC) No 2042/2003 on the

continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organi

sations and personnel involved in these tasks

Commission Regulation (EU) No 127/2010 of 5 February 2010 amending Regulation (EC) No 2042/2003 on the

continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organi

sations and personnel involved in these tasks

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

No 104/2004

Commission Regulation (EC) No 104/2004 of 22 January 2004 laying down rules on the organisation and

composition of the Board of Appeal of the European Aviation Safety Agency

Applicable provisions: Articles 1 to 7 and Annex

No 593/2007

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

Safety Agency

as amended by:

Commission Regulation (EC) No 1356/2008 of 23 December 2008 amending Regulation (EC) No 593/2007 on the

fees and charges levied by the European Aviation Safety Agency

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

No 736/2006

Commission Regulation (EC) No 736/2006 of 16 May 2006 on working methods of the European Aviation Safety

Agency for conducting standardisation inspections

Applicable provisions: Articles 1 to 18

No 768/2006

Commission Regulation (EC) No 768/2006 of 19 May 2006 implementing Directive 2004/36/EC of the European

Parliament and of the Council as regards the collection and exchange of information on the safety of aircraft using

Community airports and the management of the information system

Applicable provisions: Articles 1 to 5

No 2111/2005

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

Applicable provisions: Articles 1-13, Annex

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

list of carriers which are subject to an operating ban within the Community referred to in Chapter II of Regulation

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

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

Commission Regulation (EC) No 474/2006 of 22 March 2006 establishing the Community list of air carriers which

are subject to an operating ban within the Community referred to in Chapter II of Regulation (EC) No 2111/2005 of

the European Parliament and of the Council, and as subsequently amended

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

D. Aviation security

No 300/2008

Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in

the field of civil aviation security and repealing Regulation (EC) No 2320/2002

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

No 18/2010

Commission Regulation (EU) No 18/2010 of 8 January 2010 amending Regulation (EC) No 300/2008 of the

European Parliament and of the Council as far as specifications for national quality control programmes in the

field of civil aviation security are concerned

No 272/2009

Commission Regulation (EC) No 272/2009 of 2 April 2009 supplementing the common basic standards on civil

aviation security laid down in the Annex to Regulation (EC) No 300/2008 of the European Parliament and of the

Council

No 1254/2009

Commission Regulation (EU) No 1254/2009 of 18 December 2009 setting criteria to allow Member States to

derogate from the common basic standards on civil aviation security and to adopt alternative security measures

Commission Regulation (EU) No … of … laying down detailed measures for the implementation of the common

basic standards on aviation security [under EU adoption]

Commission Decision (EU) No … of … laying down detailed measures for the implementation of the common basic

standards on aviation security containing information as referred to in point (a) of Article 18 of Regulation (EC) No

300/2008 [under EU adoption]

E. Environment

No 2006/93

Directive 2006/93/EC of the European Parliament and of the Council of 12 December 2006 on the regulation of the

operation of aeroplanes covered by Part II, Chapter 3, Volume 1 of Annex 16 to the Convention on International Civil

Aviation, second edition

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

No 2002/30

Directive 2002/30/EC of the European Parliament and of the Council of 26 March 2002 on the establishment of rules

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

As amended or adapted by the 2003 Act of Accession and the 2005 Act of Accession

Applicable provisions: Articles 1 to 15, Annexes I and II

No 2002/49

Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and

management of environmental noise

Applicable provisions: Articles 1 to 16, Annexes I to VI

EN

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F. Social aspects

No 2000/79

Council Directive 2000/79/EC of 27 November 2000 concerning the European Agreement on the Organisation of

Working Time of Mobile Workers in Civil Aviation concluded by the Association of European Airlines (AEA), the

European Transport Workers’ Federation (ETF), the European Cockpit Association (ECA), the European Regions Airline

Association (ERA) and the International Air Carrier Association (IACA)

Applicable provisions: Articles 2 to 3, Annex

No 2003/88

Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects

of the organisation of working time

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

G. Consumer protection

No 90/314

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

Applicable provisions: Articles 1 to 10

No 95/46

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of

individuals with regard to the processing of personal data and on the free movement of such data

Applicable provisions: Articles 1 to 34

No 2027/97

Council Regulation (EC) No 2027/97 of 9 October 1997 on air carrier liability in the event of accidents

as amended by:

Regulation (EC) No 889/2002 of the European Parliament and of the Council of 13 May 2002 amending Council

Regulation (EC) No 2027/97

Applicable provisions: Articles 1 to 8

No 261/2004

Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing

common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or

long delay of flights, and repealing Regulation (EEC) No 295/91

Applicable provisions: Articles 1 to 17

No 1107/2006

Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights

of disabled persons and persons with reduced mobility when travelling by air

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

H. Other legislation

No 80/2009

Regulation (EC) No 80/2009 of the European Parliament and of the Council of 14 January 2009 on a Code of

Conduct for computerised reservation systems and repealing Council Regulation (EEC) No 2299/89

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

EN

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Official Journal of the European Union

20.11.2012

ANNEX IV

LIST OF OTHER STATES REFERRED TO IN ARTICLES 3 AND 5, AND ANNEX I

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

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

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

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