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THE EUROPEAN UNION,

of the one part, and

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

of the other part,

DESIRING to promote an international aviation system based on fair competition among air carriers in the marketplace

with minimum government interference and regulation;

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

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

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

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

open markets;

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

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

environment;

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

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

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

RECOGNISING the security needs in connection with the air relations between the European Union and Israel, as a result

of the current Geo-Political situation;

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

RECOGNISING that this Euro-Mediterranean Aviation Agreement lies within the scope of the Euro-Mediterranean Part

nership envisaged in the Declaration of Barcelona of 28 November 1995;

NOTING their common will to promote a Euro-Mediterranean Aviation Area based on the principles of regulatory

convergence, regulatory cooperation and liberalisation of market access;

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

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

Agreement;

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

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

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

cation of Certain Rules for International Carriage by Air, done at Montreal on 28 May 1999, insofar as the Contracting

Parties are parties to this Convention;

NOTING that this Agreement implies the exchange of personal data, which will be subject to the data protection

legislation of the Contracting Parties and of the Commission Decision of 31 January 2011 pursuant to Directive

95/46/EC of the European Parliament and of the Council on the adequate protection of personal data by the State of

Israel with regard to automated processing of personal data (2011/61/EU);

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

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

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NOTING that this Agreement is to be applied in a progressive but integral way, and that a suitable mechanism can ensure

the establishment of equivalent regulatory requirements and standards for civil aviation based on the highest standards

applied by the Contracting Parties;

HAVE AGREED AS FOLLOWS:

Article 1

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;

Definitions

For the purposes of this Agreement, unless otherwise provided:

(1) "Agreed services" and "specified routes" mean international

air transport pursuant to Article 2 and Annex I of this

Agreement;

(11) "Fitness" means whether an air carrier is fit to operate

international air services, that is to say, whether it has

satisfactory financial capability and adequate managerial

expertise and is disposed to comply with the laws, regu

lations and requirements which govern the operation of

such services;

(2) "Agreement" means this Agreement, its Annexes, and any

amendments thereto;

(12) "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;

(3) "Air carrier" means an undertaking with a valid operating

licence;

(4) "Air transport" means the carriage by civil aircraft of

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

combination, held out to the public for remuneration or

hire, which, for the avoidance of doubt, shall include

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

full cargo services;

(13) "International air transport" means air transport that

passes through the airspace over the territory of at least

two States;

(14) "IATA" means the International Air Transport Association;

(5) "Association Agreement" means the Euro-Mediterranean

Agreement establishing an association between the

European Communities and their Member States, of the

one part, and the State of Israel, of the other part, signed

at Brussels on 20 November 1995;

(15) "ICAO" means the International Civil Aviation Organi

sation;

(16) "National" means:

(a) any person having Israeli citizenship in the case of

Israel, or the nationality of a Member State in the

case of the European Union and its Member States; or

(6) "Competent authorities" means the government agencies

or entities responsible for the administrative functions

under this Agreement;

(b) any legal entity (i) which is owned directly or through

majority ownership and at all times is effectively

controlled by persons or entities having Israeli citi

zenship in the case of Israel, or persons or entities

having the nationality of a Member State or one of

the other states listed in Annex III in the case of the

European Union and its Member States, and (ii) the

principal place of business of which is in Israel in

the case of Israel, or in a Member State in the case

of the European Union and its Member States;

(7) "Contracting Parties" means, on the one hand, the

European Union or its Member States, or the European

Union and its Member States, in accordance with their

respective powers, and, on the other hand, Israel;

(8) "Convention" means the Convention on International Civil

Aviation, opened for signature at Chicago on 7 December

1944, and includes:

(a) any amendment that has entered into force under

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

by both Israel and the Member State or Member States

of the European Union, and

(17) "Nationality", when referred to an air carrier, means

whether an air carrier satisfies requirements regarding

such issues as its ownership, effective control and

principal place of business;

(b) any Annex or any amendment thereto adopted under

Article 90 of the Convention, insofar as such Annex or

amendment is at any given time effective for both

Israel and the Member State or Member States of the

European Union as is relevant to the issue in question;

(18) "Non-scheduled air service" means any commercial air

service other than a scheduled air service;

(19) "Operating license" means, (i) in the case of the European

Union and its Member States an operating license and any

other relevant documents or certificates given under Regu

lation EC 1008/2008 and any successor instrument, and

(ii) in the case of Israel an Air Operating License and any

other relevant documents or certificates given under

Article 18 of The Israeli Air Navigation Law 2011 and

any successor instrument;

(9) "EU Treaties" mean the Treaty on European Union and the

Treaty on the functioning of the European Union;

(10) "Fifth freedom right" means the right or privilege granted

by one state (the "Granting State") to the air carriers of

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(20) "Price" means:

funds to the company, the assumption of liabilities of

the company such as loan guarantees, capital injec

tions, ownership, protection against bankruptcy or

insurance;

(a) "air fares" to be paid to air carriers or their agents or

other ticket sellers for the carriage of passengers and

baggage on air services and any conditions under

which those fares apply, including remuneration and

conditions offered to agency and other auxiliary

services; and

(b) revenue of the competent authorities, a government, a

regional body or another public organisation that is

otherwise due is foregone or not collected;

(b) "air rates" to be paid for the carriage of cargo and any

conditions under which those rates apply, including

remuneration and conditions offered to agency and

other auxiliary services.

body or another public organisation provide goods

or services other than general infrastructure, or

purchase goods or services; or

This definition covers, where relevant, the surface transport

in connection with international air transport and the

applicable conditions;

(d) the competent authorities, a government, a regional

body or another public organisation make payments

to a funding mechanism or entrust or direct a private

body to carry out one or more of the type of functions

illustrated under (a), (b) and (c) which would normally

be vested in the government and, in practice, in no

real sense differs from practices normally followed by

governments;

(21) "Principal place of business" means the head office or

registered office of an air carrier in the Contracting Party

within which the principal financial functions and oper

ational control, including continued airworthiness

management, of the air carrier are exercised, as listed in

its Operating license;

and where a benefit is thereby conferred;

(22) "Public service obligation" means any obligation imposed

upon air carriers to ensure on

a specified route the

(26) "Territory" means, for Israel, the territory of the State of

Israel, and, for the European Union, the land areas

(mainland and islands), internal waters and territorial sea

in which the EU Treaties are applied and under the

conditions laid down in the EU Treaties and any

successor instrument. The application of this Agreement

to the airport of Gibraltar is understood to be without

prejudice to the respective legal positions of the

Kingdom of Spain and the United Kingdom with regard

to their dispute over sovereignty over the territory in

which the airport is situated and to the continuing

suspension of Gibraltar Airport from EU aviation

measures existing as at 18 September 2006 as between

Member States in accordance with the terms of the Minis

terial Statement on Gibraltar Airport agreed in Cordoba on

18 September 2006. The application of this Agreement is

understood to be without prejudice to the status of the

territories that came under Israeli administration after June

1967;

minimum provision of scheduled air services satisfying

fixed standards of continuity, regularity, pricing and

minimum capacity which air carriers would not assume

if they were solely considering their commercial interest.

Air carriers may be compensated by the Contracting Party

concerned for fulfilling public service obligations;

(23) "Scheduled air service" means a series of flights possessing

all the following characteristics:

(a) on each flight seats and/or capacity to transport cargo

and/or mail are available for individual purchase by the

public (either directly from the air carrier or from its

authorised agents);

(b) it is operated so as to serve traffic between the same

two or more airports, either:

— according to a published timetable, or

(27) "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;

— with flights so regular or frequent that they

constitute a recognisably systematic series;

(24) "SESAR" (Single European Sky ATM Research) means the

technical implementation of the Single European Sky

TITLE I

ECONOMIC PROVISIONS

Article 2

which provides

a coordinated, synchronised research,

development and deployment of the new generations of

air traffic management systems;

(25) "Subsidy" means any financial contribution granted by the

competent authorities, a government, a regional organi

sation or another public organisation, i.e. when:

Traffic Rights

Each Contracting Party shall grant to the other

Contracting Party, in accordance with Annex I and Annex II,

the following rights for the conduct of international air

transport by the air carriers of the other Contracting Party:

(a) a practice of the competent authorities, a government,

regional body or another public organisation

involves a direct transfer of funds such as grants,

loans or equity infusion, potential direct transfer of

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

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(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);

— the air carrier is owned, directly or by majority partici

pation, and it is effectively controlled by European

Union Member States and/or by nationals of European

Union Member States, or by other States listed in Annex

III and/or of nationals of these other States;

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

laws and regulations normally applied by the competent

authority for the operation of international air transport;

and

(d) the rights otherwise specified in this Agreement.

Nothing in this Agreement shall be deemed to confer on

(d) the provisions set forth in Article 13 and Article 14are

being maintained and administered.

the air carriers of:

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

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

carried for compensation and destined for another point

in the territory of that Member State;

Article 3 bis

Reciprocal Recognition of Regulatory Determinations with

Regard to Air Carrier Fitness and Nationality

Upon receipt of an application for authorisation from an air

carrier of one Contracting Party, the competent authorities of

the other Contracting Party shall recognise any fitness and/or

nationality determination made by the competent authorities of

the first Contracting Party with respect to that air carrier as if

such determination had been made by its own competent auth

orities, and shall not inquire further into such matters, except as

provided for in subparagraph a) below.

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

territory of Israel, passengers, baggage, cargo, and/or mail

carried for compensation and destined for another point in

the territory of Israel.

Article 3

Authorisation

On receipt of applications for operating authorisation

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

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

competent authorities of the receiving Contracting Party

have a specific concern based on reasonable doubt that,

despite the determination made by the competent auth

orities of the other Contracting Party, the conditions

prescribed in Article 3 of this Agreement for the grant of

appropriate authorisations or permissions have not been

met, then they shall promptly advise those authorities,

giving substantive reasons for their concern. In that event,

either Contracting Party may seek consultations which may

include representatives of the competent authorities of the

Contracting Parties, and/or additional information relevant

to this concern, and such requests shall be met as soon as

practicable. If the matter remains unresolved, either

Contracting Party may bring the matter to the Joint

Committee set up under Article 22 of this Agreement and

may, in accordance with paragraphs 7 and 9 of Article 22,

take appropriate safeguard measures under Article 24.

from an air carrier of one of the Contracting Parties, the

competent authorities shall grant appropriate authorisations

with minimum procedural delay, provided that:

(a) for an air carrier of Israel:

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

and has received its operating licence in accordance with

the law of Israel; and

— effective regulatory control of the air carrier is exercised

and maintained by Israel; and

— the air carrier is owned, directly or by majority partici

pation, and effectively controlled by Israel and/or its

nationals;

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

(b) These procedures do not cover recognition of deter

minations in relation to:

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

territory of a European Union Member State under the

EU Treaties, and has received its operating licence in

accordance with European Union law; and

(i) Safety certificates or licences;

(ii) Security arrangements; or

(iii) Insurance coverage.

— effective regulatory control of the air carrier is exercised

and maintained by the European Union Member State

responsible for issuing its Air Operator Certificate and

the competent authority is clearly identified; and

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Article 4

accordance with Article 22(10) that reciprocal arrangements are

available, the Contracting Parties may allow majority ownership

and/or the effective control of air carriers of Israel by European

Union Member States or their nationals, or of air carriers of the

European Union by Israel or its nationals in accordance with

the conditions of paragraph 2 of this Article.

Refusal, Revocation, Suspension or Limitation of Authori

sation

The competent authorities of either Contracting Party may

refuse, revoke, suspend or limit the operating authorisations or

otherwise suspend or limit the operations of an air carrier of

another Contracting Party where:

In relation to paragraph 1 of this Article, specific

investments by Contracting Parties' interests shall be individually

permitted by virtue of a prior decision of the Joint Committee

in accordance with Article 22(2) (of this Agreement.

(a) for an air carrier of Israel:

— the air carrier does not have its principal place of

business in Israel, or has not received its operating

licence in accordance with the applicable law of Israel;

This decision shall specify the conditions associated with the

operation of the agreed services under this Agreement and with

the services between third countries and the Contracting Parties.

The provisions of Article 22(9) of this Agreement shall not

apply to this type of decisions.

— effective regulatory control of the air carrier is not

exercised or maintained by Israel; or

Article 6

— the air carrier is not owned, directly or by majority

participation, or effectively controlled by Israel and/or

nationals of Israel;

Compliance with Laws and Regulations

While entering, within, or leaving the territory of one

Contracting Party, the laws and regulations applicable within

that territory relating to the admission to or departure from

its territory of aircraft engaged in international air transport,

or to the operation and navigation of aircraft engaged in inter

national air transport shall be complied with by the other

Contracting Party's air carriers.

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

— the air carrier does not have its principal place of

business in the territory of a European Union Member

State under the EU Treaties, or has not received its

operating licence in accordance with European Union

law; or

While entering, within, or leaving the territory of one

— effective regulatory control of the air carrier is not

exercised or maintained by the European Union

Member State responsible for issuing its Air Operator

Certificate or the competent authority is not clearly

identified; or

Contracting Party, the laws and regulations applicable within

that territory relating to the admission to or departure from

its territory of passengers, crew, or cargo on aircraft (including

regulations relating to entry, clearance, immigration, passports,

customs and quarantine or, in the case of mail, postal regu

lations) shall be complied with by, or on behalf of, such

passengers, crew or cargo of the other Contracting Party's air

carriers.

— the air carrier is not owned, directly or by majority

participation, or effectively controlled by European

Union Member States and/or nationals of European

Union Member States, or by other States listed in

Annex III and/or nationals of these other States;

Article 7

Competitive Environment

The Contracting Parties reaffirm the application of the

lations referred to in Article 6 of this Agreement;

provisions of Chapter 3 ("Competition") of Title IV of the

Association Agreement to this Agreement.

(d) the provisions set forth in Article 13 and Article 14 are not

being maintained or administered; or

The Contracting Parties acknowledge that it is their joint

objective to have a fair and competitive environment for the

operation of air services. The Contracting Parties recognise that

fair competitive practices by air carriers are most likely to occur

where these air carriers operate on a fully commercial basis and

are not subsidised, and where neutral and non-discriminatory

access to airport facilities, services, and slot allocation is

ensured.

(e) a Contracting Party has made the determination in

accordance with Article

7 that the conditions for a

competitive environment are not being fulfilled.

Unless immediate action is essential to prevent further

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

rights established by this Article shall be exercised only after

consultation with the competent authorities of the other

Contracting Party.

If one Contracting Party finds that conditions exist in the

territory of the other Contracting Party, in particular due to

subsidy, which would adversely affect the fair and equal oppor

tunity of its air carriers to compete, it may submit observations

to the other Contracting Party. Furthermore, it may request a

meeting of the Joint Committee, as provided for in Article 22 of

this Agreement. Consultations shall start within 30 days of

Article 5

Investment

Notwithstanding Article 3 and Article 4 of this

Agreement, and upon verification by the Joint Committee in

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receipt of such

request. Failure to reach

satisfactory

to bring in and maintain in the territory of the other

Contracting Party managerial, sales, technical, operational, and

other specialist staff who are required to support the provision

of air transport.

agreement within 30 days from the start of consultations

shall constitute grounds for the Contracting Party that

requested the consultations to take action to refuse, withhold,

revoke, suspend or impose appropriate conditions on the auth

orisations of the air carrier(s) concerned, consistent with

Article 4.

Ground handling

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

shall have in relation to groundhandling in the

territory of the other Contracting Party:

The actions referred to in paragraph 3 shall be appro

priate, proportionate and restricted with regard to scope and

duration to what is strictly necessary. They shall be exclusively

directed towards the air carrier(s) benefiting from the conditions

referred to in paragraph 3, and shall be without prejudice to the

right of either Contracting Party to take action under Article 23.

(i) the right to perform its own groundhandling

("self-handling") or, at its option

(ii) the right to select among competing suppliers that

provide groundhandling services in whole or in

part where such suppliers are allowed market

access on the basis of the laws and regulations

of each Contracting Party, and where such

suppliers are present in the market.

Israeli Government to help cover additional security expenses

incurred by the Israeli air carriers as result of Israeli

Government instructions, is not an unfair competitive practice

and is not considered as a subsidy for the purpose of this article

provided that:

The Contracting Parties agree that the participation of the

(a) such support covers exclusively costs necessarily incurred by

the air carriers of Israel when implementing extra security

measures required by the Israeli authorities which are not

imposed on, or incurred by, air carriers of the European

Union; and

(b) For the following categories of groundhandling

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

and oil handling, freight and mail handling as

regards the physical handling of freight and mail

between the air terminal and the aircraft, the rights

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

physical or operational constraints according to the

laws and regulations applicable in the territory of

the other Contracting Party. Where such constraints

preclude self-handling and where there is no effective

competition between suppliers that provide 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

(b) such security costs are clearly identified and quantified by

Israel; and

a year, a report

describing the total sum of the security expenses and the

rate of participation of the Israeli government in the

previous year.

their full cost including

assets, after depreciation.

a reasonable return on

Each Contracting Party, upon notification to the other

Contracting Party, may approach responsible government

entities in the territory of the other Contracting Party

including entities at the state, provincial or local level to

discuss matters relating to this Article.

Sales, local expenses and transfer of funds

4. Any air carrier of each Contracting Party may engage in

the sale of air transport in the territory of the other Contracting

Party directly and/or, at the air carrier's discretion, through its

sales agents, other intermediaries appointed by the air carrier or

through the internet or any other available channel. Each air

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

person shall be free to purchase such transportation, in the

currency of that territory or in freely convertible currencies.

The provisions of this Article shall apply without prejudice

to the Contracting Parties' laws and regulations regarding public

service obligations in the territories of the Contracting Parties.

Article 8

Commercial Opportunities

Air carrier representatives

Each air carrier shall have the right to convert and remit at

any time, in any way, freely without restrictions or taxation, in

any freely convertible currency and at the official rate of

exchange applicable, from the territory of the other Contracting

Party to its home territory and, except where inconsistent with

generally applicable law or regulation, to the country or

countries of its choice, on demand, local revenues.

The air carriers of each Contracting Party shall have the

right to establish offices and facilities in the territory of the

other Contracting Party required for the provision of air

transport and for the promotion and sale of air transport,

including ancillary or supplemental services.

The air carriers of each Contracting Party shall be entitled,

The air carriers of each Contracting Party shall be

in accordance with the laws and regulations of the other

Contracting Party relating to entry, residence and employment,

permitted to pay for local expenses, including purchases of

fuel, in the territory of the other Contracting Party in local

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2.8.2013

currency. At their discretion, the air carriers of each Contracting

Party may pay for such expenses in the territory of the other

Contracting Party in freely convertible currencies according to

local currency regulation.

through arrangements with other surface carriers,

including surface transport operated by other air

carriers and indirect providers of cargo air transport.

Such intermodal cargo services may be offered at a

single, through price for the air and surface

transport combined, provided that shippers are not

misled as to the facts concerning such transport.

Cooperative arrangements

In operating or holding out services under this Agreement,

any air carrier of a Contracting Party may enter into cooperative

marketing arrangements, such as blocked-space agreements or

code-sharing arrangements, with:

Leasing

(a) The air carriers of each Contracting Party shall be

entitled to provide the agreed services using aircraft

leased with or without crew from any air carrier,

including from third countries, provided that all

participants in such arrangements meet the conditions

prescribed under the laws and regulations normally

applied by the Contracting Parties to such arrange

ments.

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

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

(b) Neither Contracting Party shall require the air carriers

leasing out their equipment to hold traffic rights under

this Agreement.

provided that (i) the operating carrier holds the appropriate

traffic rights and (ii) the marketing carriers hold the appropriate

route rights within the relevant bilateral provisions and (iii) the

arrangements meet the requirements relating to safety and

competition normally applied to such arrangements. In

respect of passenger transport sold involving code-shares, the

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

at check-in, or on boarding where no check-in is required for a

connecting flight, which transportation providers will operate

each sector of the service.

air carrier of

a third country, other that those

mentioned in Annex III, by an Israeli air carrier or

by an air carrier of the European Union, in order to

exploit the rights envisaged in this Agreement, shall

remain exceptional or meet temporary needs. It shall

be submitted to (i) the licensing authority of the

leasing air carrier for prior approval and (ii) the

competent authority of the other Contracting Party

to where it is intended to operate the wet-leased

aircraft for information.

Surface transport

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

transport providers shall not be subject to laws and

regulations governing air transport on the sole basis

that such surface transport is held out by an air carrier

under its own name. Surface transport providers have

the discretion to decide whether to enter into

cooperative arrangements. In deciding on any

particular arrangement, surface transport providers

may consider, among other things, consumer

interests and technical, economic, space, and capacity

constraints.

For the purposes of this subparagraph, the term "air

craft" means an aircraft of an air carrier of a third

country, which is not prohibited to operate in the

European Union and/or Israel.

Franchising and Branding

10.

The air carriers of each Contracting Party shall be

entitled to enter into franchising or branding arrangements

with companies, including air carriers, of either Contracting

Party or third countries, provided that the air carriers hold

the appropriate authority and meet the conditions prescribed

under the laws and regulations applied by the Contracting

Parties to such arrangements, particularly those requiring the

disclosure of the identity of the air carriers operating the service.

(b) Moreover, and notwithstanding any other provision of

this Agreement, air carriers and indirect providers of

cargo transport of the Contracting Parties shall be

permitted, without restriction, to employ in

connection with international air transport any

surface transport for cargo to or from any points in

Israel and the European Union, or in third countries,

including transport to and from all airports with

customs facilities, and including, where applicable,

the right to transport cargo in bond under applicable

laws and regulations. Such cargo, whether moving by

surface or by air, shall have access to airport customs

processing and facilities. Air carriers may elect to

perform their own surface transport or to provide it

Airport slot allocation

11.

Each Contracting Party shall ensure that its procedures,

guidelines and regulations to manage slots applicable at airports

in its territory are applied in a transparent, effective and non-

discriminatory manner.

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Consultations in the Joint Committee

12. If a Contracting Party believes that the other Contracting

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

terminals.

Party is in violation of this Article, it may notify the other

Contracting Party of its findings and request consultations

under paragraph 4 of Article 22.

Nothing in this Agreement shall prevent a Contracting

Party from imposing taxes, levies, duties, fees, or charges on

fuel supplied in its territory, on a non-discriminatory basis, for

use in an aircraft of an air carrier that operates between two

points in its territory. While entering, within, or leaving the

territory of one Contracting Party, its laws and regulations

relating to the sale, supply, and use of aircraft fuel shall be

complied with by the other Contracting Party's air carriers.

Article 9

Customs Duties and Charges

On arriving in the territory of one Contracting Party,

aircraft operated in international air transport by the air

carriers of the other Contracting Party, their regular equipment,

fuel, lubricants, consumable technical supplies, ground

equipment, spare parts (including engines), aircraft stores

(including but not limited to such items as food, beverages

and liquor, tobacco and other products destined for sale to or

use by passengers in limited quantities during flight), and other

items intended for or used solely in connection with the

operation or servicing of aircraft engaged in international air

transport shall be exempt, on the basis of reciprocity, from all

import restrictions, property taxes and capital levies, customs

duties, excise taxes, and similar fees and charges that are (a)

imposed by the national or local authorities or the European

Union, and (b) not based on the cost of services provided,

provided that such equipment and supplies remain on board

the aircraft.

The regular airborne, as well as the material, supplies and

spare parts referred to in paragraphs 1 and 2 of this Article

normally retained on board aircraft operated by an air carrier of

one Contracting party may be unloaded in the territory of the

other Contracting Party only with the approval of the customs

authorities of that Contracting Party and may be required to be

kept under the supervision or control of the said authorities up

to such time as they are re-exported or otherwise disposed in

accordance with customs regulation.

The exemptions provided by this Article shall also be

available where the air carriers of one Contracting Party have

contracted with another air carrier, which similarly enjoys such

exemptions from the other Contracting Party, for the loan or

transfer in the territory of the other Party of the items specified

in paragraphs 1 and 2.

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

from the taxes, levies, duties, fees and charges referred to in

paragraph 1 of this Article, with the exception of charges based

on the cost of the service provided:

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 Contracting Party and taken on board, within reasonable

limits, for use on outbound aircraft of an air carrier of the

other Contracting Party engaged in international air

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

part of the journey performed over the said territory;

The stipulations of the present Agreement shall not affect

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

The provisions of the respective conventions in force between a

European Union Member State and Israel for the avoidance of

double taxation on income and on capital remain unaffected by

this Agreement.

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

introduced into the territory of a Contracting Party for

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

carrier of the other Contracting Party used in international

air transport;

Article 10

User Charges for Airports and Aviation Facilities and

Services

introduced into or supplied in the territory of a Contracting

Party for use in an aircraft of an air carrier of the other

Contracting Party engaged in international air transport,

even when these supplies are to be used on a part of the

journey performed over the said territory;

Each Contracting Party shall ensure that user charges that

may be imposed by its competent charging authorities or bodies

on the air carriers of the other Contracting Party for the use of

air navigation and air traffic control services shall be cost-related

and non-discriminatory. In any event, any such user charges

shall be assessed on the air carriers of the other Contracting

Party on terms not less favourable than the most favourable

terms available to any other air carrier.

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

each Contracting Party, introduced into or supplied in the

territory of one Contracting Party and taken on board for

use on outbound aircraft of an air carrier of the other

Contracting Party engaged in international air transport,

even when these stores are to be used on a part of the

journey performed over the said territory; and

Each Contracting Party shall ensure that user charges that

may be imposed by its competent charging authorities or bodies

on the air carriers of the other Contracting Party for the use of

airport, aviation security and related facilities and services shall

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be not unjustly discriminatory, and equitably apportioned

among categories of users. These charges may reflect, but

shall not exceed, the full cost to the competent charging auth

orities or bodies of providing the appropriate airport and

aviation security facilities and services at that airport or

within that airport’s system. These charges may include a

reasonable return on assets, after depreciation. Facilities and

services for which user charges are made shall be provided on

an efficient and economic basis. In any event, these charges

shall be assessed on the air carriers of the other Party on

terms not less favourable than the most favourable terms

available to any other air carrier at the time the charges are

assessed.

The Contracting Parties shall cooperate in the framework

of the Joint Committee under Article 22 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 13

Aviation Safety

Without prejudice to the discretion of the legislative auth

Each Contracting Party shall encourage consultations

orities of the Contracting Parties, the Contracting Parties shall

closely cooperate in the area of aviation safety with the

objective of establishing, to the practical extent possible,

harmonised rules or mutual recognition of each other's safety

standards. The Joint Committee, with the assistance of the

European Aviation Safety Agency, shall oversee this process of

cooperation.

between the competent charging authorities or bodies in its

territory and the air carriers or their representative bodies

using the services and facilities, and shall encourage the

competent charging authorities or bodies to provide each

airport user, or the representatives or associations of airport

users, with information on the components serving as a basis

for determining the system or the level of all charges levied at

each airport by the airport managing bodies as such

information may be necessary to permit an accurate review of

the reasonableness of the charges in accordance with the prin

ciples of paragraphs 1 and 2 of this Article. Each Contracting

Party shall encourage the competent charging authorities to

provide users with reasonable notice of any proposal for

changes in user charges to enable those authorities to

consider the views expressed by the users before changes are

made.

The Contracting Parties shall ensure that their relevant

legislation, rules or procedures deliver, at minimum, the level

of regulatory requirements and standards relating to air

transport specified in Part A of Annex IV, as detailed in

Annex VI.

The competent authorities of the Contracting Parties shall

recognise as valid, for the purposes of operating the air

transport provided for in this Agreement, certificates of

airworthiness, certificates of competency, and licenses issued

or validated by each other and still in force, provided that the

requirements for such certificates or licenses at least equal the

minimum standards that may be established pursuant to the

Convention. The competent authorities may, however, refuse

to recognise as valid for purposes of flight above their own

territory, certificates of competency and licenses granted to or

validated for their own nationals by such other authorities.

Neither Contracting Party shall be held, in dispute

resolution procedures pursuant to Article 23, to be in breach

of a provision of this Article, unless (a) it fails to undertake a

review of the charge or practice that is the subject of complaint

by the other Contracting Party within a reasonable amount of

time; or (b) following such a review it fails to take all steps

within its power to remedy any charge or practice that is incon

sistent with this Article.

Article 11

Pricing

Each Contracting Party may request consultations at any

time concerning the safety standards maintained by the other

Contracting Party in areas relating to aeronautical facilities,

flight crew, aircraft and the operation of aircraft. Such consul

tations shall take place within thirty (30) days of that request.

The Contracting Parties shall permit prices to be freely

established by the air carriers on the basis of free and fair

competition.

The Contracting Parties shall not require prices to be filed.

Discussions between the competent authorities may be

If, following such consultations, one Contracting Party

finds that the other Contracting Party does not effectively

maintain and administer safety standards in the areas referred

to in paragraph 4 that meet the standards established at that

time pursuant to the Convention, the other Contracting Party

shall be informed of such findings and of the steps considered

necessary to conform with the ICAO standards. The other

Contracting Party shall then take appropriate corrective action

within an agreed time period.

held to discuss matters such as, but not limited to, prices

which may be unjust, unreasonable or discriminatory.

Article 12

Statistics

Each Contracting Party shall provide the other Contracting

Party with statistics that are required by domestic laws and

regulations, and, upon request, other available statistical

information as may be reasonably required for the purpose of

reviewing the operation of air services under this Agreement.

The Contracting Parties shall ensure that aircraft registered

in one Contracting Party suspected of non-compliance with

international aviation safety standards established pursuant to

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the Convention landing at airports open to international air

traffic in the territory of the other Contracting Party shall be

subject to ramp inspections by the competent authorities of that

other Contracting Party, on board and around the aircraft to

check both the validity of the aircraft documents and those of

its crew and the apparent condition of the aircraft and its

equipment.

The Contracting Parties shall provide upon request all

necessary assistance to each other to prevent acts of unlawful

seizure of civil aircraft and other unlawful acts against the safety

of such aircraft, their passengers and crew, airports and air

navigation facilities, and any other threat to the security of

civil aviation.

The Contracting Parties shall, in their mutual relations, act

The competent authorities of either Contracting Party may

in conformity with the aviation security Standards and, so far as

they are applied by them, the Recommended Practices estab

lished by the ICAO and designated as Annexes to the

Convention, to the extent that such security provisions are

applicable to the Contracting Parties. The Contracting Parties

shall require that operators of aircraft of their registry,

operators who have their principal place of business or

permanent residence in their territory, and the operators of

airports in their territory, act, at least, in conformity with

such aviation security provisions.

take all appropriate and immediate measures whenever they

ascertain that an aircraft, any component of an aircraft or an

operation may:

(a) fail to satisfy the minimum standards established pursuant

to the Convention, or

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

inspection referred to in paragraph 6, pursuant to Article 16

of the Convention – that an aircraft or the operation of an

aircraft does not comply with the minimum standards

established pursuant to the Convention, or

Each Contracting Party shall ensure that effective measures

are taken within its territory to protect aircraft, to screen

passengers and their carry-on items, and to carry out appro

priate checks on crew, cargo (including hold baggage) and

aircraft stores prior to and during boarding or loading and

that those measures are adjusted to meet increases in the

threat. Each Contracting Party agrees that their air carriers

may be required to respect the aviation security provisions

referred to in paragraph 3 required by the other Contracting

Party, for entrance into, departure from, or while within, the

territory of that other Contracting Party. When a Contracting

Party is informed of a specific threat for a specific flight or

specific series of flights to or from the territory of the other

Contracting Party, it shall inform the other Contracting Party,

and special security measures may be decided by the first

Contracting Party to take into account the specific threat, in

accordance with paragraph 6.

maintenance and administration of minimum standards

established pursuant to the Convention.

Where the competent authorities of one Contracting Party

take action under paragraph 7, they shall promptly inform the

competent authorities of the other Contracting Party of taking

such action, providing reasons for its action.

When urgent action is essential to ensure the safety of an

air carrier operation, each Contracting Party reserves the right to

immediately suspend or vary the operating authorisation of an

air carrier or air carriers of the other Contracting Party.

The Contracting Parties agree to work towards achieving

mutual recognition of each other's security standards. To this

end, they shall establish administrative arrangements allowing

for consultations on existing or planned aviation security

measures and for cooperation and sharing of information on

quality control measures implemented by the Contracting

Parties. A Contracting Party may also request the cooperation

of the other Contracting Party to assess whether particular

security measures of that other Contracting Party meet the

requirements of the requesting Contracting Party. Taking into

account the results of the assessments, the requesting

Contracting Party may decide that security measures of an

equivalent standard are applied in the territory of the other

Contracting Party in order that transfer passengers, transfer

baggage, and/or transfer cargo may be exempted from re-

screening in the territory of the requesting Contracting Party.

Such a decision shall be communicated to the other Contracting

Party.

10.

Where measures taken in application of paragraphs 7 or

9 are not discontinued even though the basis for taking them

has ceased to exist, either Contracting Party may refer the

matter to the Joint Committee.

Article 14

Aviation Security

The Contracting Parties reaffirm their obligations to each

other to provide for the security of civil aviation against acts of

unlawful interference, and in particular their obligations under

the Convention, the Convention on Offences and Certain Other

Acts Committed on Board Aircraft, signed at Tokyo on

14 September 1963, the Convention for the Suppression of

Unlawful Seizure of Aircraft, signed at The Hague on

16 December 1970, the Convention for the Suppression of

Unlawful Acts against the Safety of Civil Aviation, signed at

Montreal on 23 September 1971, the Protocol for the

Suppression of Unlawful Acts of Violence at Airports Serving

International Civil Aviation, signed at Montreal on 24 February

1988, insofar as the Contracting Parties are parties to these

conventions, as well as all other conventions and protocols

relating to civil aviation security of which Contracting Parties

are parties.

Each Contracting Party shall also act favourably upon any

request from the other Contracting Party for reasonable special

security measures to meet a particular threat. Except in case of

emergency, each Contracting Party will inform the other

Contracting Party in advance of any special security measures

it intends to introduce which could have a significant financial

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or operational impact on the air transport services provided

under this Agreement. Either Contracting Party may request a

meeting of the Joint Committee to discuss such security

measures, as provided for in Article 22 of this Agreement.

overall efficiency for general air traffic, to optimise capacities

and to minimise delays. To this purpose, Israel shall be involved

in the Single European Sky Committee as observer. The Joint

Committee shall monitor this process of cooperation.

When an incident or threat of an incident of unlawful

With a view to facilitating the application of the Single

seizure of civil aircraft or other unlawful acts against the

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

air navigation facilities occurs, the Contracting Parties shall

assist each other by facilitating communications and other

appropriate measures intended to terminate rapidly and safely

such incident or threat thereof.

European Sky legislation in their territories:

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

traffic management institutional structures to the Single

European Sky, in particular by establishing a pertinent

national supervisory body at least functionally independent

of the air navigation service provider(s); and

Each Contracting Party shall take all measures it finds

practicable to ensure that an aircraft subjected to an act of

unlawful seizure or other acts of unlawful interference which

is on the ground in its territory is detained on the ground

unless its departure is necessitated by the overriding duty to

protect human life. Wherever practicable, such measures shall

be taken on the basis of mutual consultations.

(b) The European Union shall associate Israel with relevant

operational initiatives in the fields of air navigation

services, airspace and interoperability that stem from the

Single European Sky, in particular through appropriate

coordination on SESAR.

(a) The Contracting Parties shall ensure that their relevant

legislation, rules or procedures deliver, at minimum,

the regulatory requirements and standards relating to

air transport specified in Section A of Part B of Annex

IV as detailed in Annex VI.

When a Contracting Party has reasonable grounds to

believe that the other Contracting Party has departed from the

aviation security provisions of this Article, that Contracting

Party may request immediate consultations with the other

Contracting Party.

(b) The Contracting Parties shall endeavour to act in

accordance with European Union regulatory

requirements and standards relating to air transport

specified in Section B of Part B of Annex IV as

detailed in Annex VI.

10.

Without prejudice to Article 4, failure to reach a satis

factory agreement within fifteen (15) days from the date of such

request shall constitute grounds to withhold, revoke, limit or

impose conditions on the operating authorisation of one or

more air carriers of such other Contracting Party.

Article 16

11.

When required by an immediate and extraordinary

threat, a Contracting Party may take interim action prior to

the expiry of fifteen (15) days.

Environment

The Contracting Parties recognise the importance of

protecting the environment when developing and implementing

international aviation policy.

12.

Without prejudice to the need to take immediate action

in order to protect transport security, the Contracting Parties

affirm that when considering security measures, each

Contracting Party shall evaluate possible adverse economic

and operational effects on the operation of air services under

this Agreement and, unless constrained by law, shall take such

factors into account when it determines what measures are

necessary and appropriate to address those security concerns.

The Contracting Parties acknowledge that effective global,

regional, national and/or local action is needed to minimise the

impact of civil aviation on the environment.

The Contracting Parties recognise the importance of

working together, and within the framework of multilateral

discussions, to consider and minimise the effects of aviation

on the environment and the economy, and to ensure that any

mitigating measures are fully consistent with the objectives of

this Agreement.

13.

Any action taken in accordance with the paragraphs 10

or 11 shall be discontinued upon compliance by the other

Contracting Party with the provisions of this Article.

14.

Notwithstanding this Article, The Contracting Parties

agree that no party will be obliged to reveal information,

which may harm the national security of each of the

Contracting Parties.

Nothing in this Agreement shall be construed to limit the

authority of the competent authorities of a Contracting Party to

take all appropriate measures to prevent or otherwise address

the environmental impacts of air transport provided that such

measures are applied without distinction as to nationality.

Article 15

Air Traffic Management

The Contracting Parties shall ensure that their relevant

The Contracting Parties agree to cooperate closely in the

legislation, rules or procedures deliver, at minimum, the regu

latory requirements and standards relating to air transport

specified in Part C of Annex IV as detailed in Annex VI.

field of air traffic management with a view to extending the

Single European Sky to Israel in order to enhance safety and

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Article 17

Air Carrier Liability

The Contracting Parties reaffirm their obligations under

Each Contracting Party shall give the other Contracting

Party all necessary information and assistance subject to the

applicable law of the respective Contracting Party, in the case

of investigations on possible infringements which that other

Contracting Party carries out under its respective competences

as provided in this Agreement.

the Convention for the Unification of Certain Rules for Inter

national Carriage by Air, done at Montreal on 28 May 1999

(the Montreal Convention).

Whenever the Contracting Parties act under the powers

granted to them by this Agreement on matters which are of

interest to the other Contracting Party and which concern the

authorities or undertakings of the other Contracting Party, the

competent authorities of the other Contracting Party shall be

fully informed and given the opportunity to comment before a

final decision is taken.

The Contracting Parties shall ensure that their relevant

legislation, rules or procedures deliver, at minimum, the regu

latory requirements and standards relating to air transport

specified in Part D of Annex IV as detailed in Annex VI.

Article 18

Article 22

Consumer Rights and Protection of Personal Data

The Joint Committee

The Contracting Parties shall ensure that their relevant legis

lation, rules or procedures deliver, at minimum, the regulatory

requirements and standards relating to air transport specified in

Part E of Annex IV as detailed in Annex VI.

A committee composed of representatives of the

Contracting Parties (hereinafter referred to as the Joint

Committee) is hereby established, which shall be responsible

for the administration of this Agreement and shall ensure its

proper implementation. For this purpose it shall make recom

mendations and take decisions in the cases provided for in this

Agreement.

Article 19

Computer Reservation Systems

The Contracting Parties shall apply their laws and regulations,

including competition rules, to operations of computer reser

vation systems on a fair and non-discriminatory basis. The

computer reservation systems, air carriers and travel agencies

of one Contracting Party shall enjoy treatment equivalent to

that given to the computer reservation systems, air carriers

and travel agencies operating in the territory of the other

Contracting Party.

The decisions of the Joint Committee shall be adopted by

consensus and shall be binding upon the Contracting Parties.

They will be put into effect by the Contracting Parties in

accordance with their own rules.

The Joint Committee shall adopt its Rules of Procedure.

The Joint Committee shall meet as and when necessary,

and at least once a year. Either Contracting Party may request

the convening of a meeting.

Article 20

Social aspects

A Contracting Party may also request a meeting of the

The Contracting Parties shall ensure that their relevant legis

lation, rules or procedures deliver, at minimum, the regulatory

requirements and standards relating to air transport specified in

Part F of Annex IV as detailed in Annex VI.

Joint Committee to seek to resolve any question relating to the

interpretation or application of this Agreement. Such a meeting

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

months from the date of receipt of the request, unless otherwise

agreed by the Contracting Parties.

TITLE III

For the purpose of the proper implementation of this

INSTITUTIONAL PROVISIONS

Article 21

Agreement, the Contracting Parties shall exchange information

and, at the request of either Contracting Party, shall hold

consultations within the Joint Committee.

Interpretation and Enforcement

The Contracting Parties shall take all appropriate

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

measures, whether general or particular, to ensure fulfilment

of the obligations arising out of this Agreement and shall

refrain from any measures which would jeopardise attainment

of the objectives of this Agreement.

of the Joint Committee is not properly implemented by the

other Contracting Party, the former may request that the issue

be discussed by the Joint Committee. If the Joint Committee

cannot solve the issue within two months of its referral, the

requesting Contracting Party may take appropriate safeguard

measures under Article 24.

Each Contracting Party shall be responsible, in its own

territory, for the proper enforcement of this Agreement and,

in particular, the regulatory requirements and standards

relating to air transport specified in Annex IV as detailed in

Annex VI.

The decisions of the Joint Committee shall state the date

of its implementation in the Contracting Parties and any other

information likely to concern economic operators.

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Without prejudice to paragraph 2, if the Joint Committee

the request of either Contracting Party, be submitted to an

arbitration tribunal of three arbitrators in accordance with the

procedure laid down hereafter:

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

it within six months of the date of referral, the Contracting

Parties may take appropriate temporary safeguard measures

under Article 24.

(a) each Contracting Party shall appoint an arbitrator within

sixty (60) days from the date of reception of the notification

for the request for arbitration by the arbitration tribunal

addressed by the other Contracting Party through

diplomatic channels; the third arbitrator should be

appointed by the Contracting Parties within sixty (60)

additional days. If one of the Contracting Parties has not

appointed an arbitrator within the agreed period, or if the

third arbitrator is not appointed within the agreed period,

each Contracting Party may request the President of the

Council of the ICAO to appoint an arbitrator or arbitrators,

whichever is applicable;

10.

The Joint Committee shall examine questions relating to

bilateral investments of majority participation, or changes in the

effective control of air carriers of the Contracting Parties.

11.

The Joint Committee shall also develop cooperation by:

(a) carrying out its specific tasks in relation to the process of

regulatory cooperation, as set out in Title II of this

Agreement;

(b) 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;

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

a) above should be a national of a third State having

diplomatic relations with each of the Contracting Parties

at the time of appointment, and shall act as a President

of the arbitration tribunal;

is implemented, notably in the area of employment, and

developing appropriate responses to concerns found to be

legitimate;

and

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

expenses of the arbitration shall be shared equally by the

Contracting Parties.

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

approaches or documents of a procedural nature directly

related to the functioning of this Agreement;

At the request of a Contracting Party the arbitration

(e) considering potential areas for the further development of

this Agreement, including the recommendation of

amendments to this Agreement; and

tribunal may order the other Contracting Party to implement

interim relief measures pending the arbitration tribunal's final

decision.

(f) addressing the application of section A.1 of Annex IV (list

of air carriers subject to an operating ban).

The arbitration tribunal shall seek to adopt any

provisional decision or final decision by consensus. Where

consensus is not possible, the arbitration tribunal shall adopt

its decisions by majority voting.

12.

The Parties share the goal of maximising the benefits for

consumers, air carriers, labour, and communities on both sides

by extending this Agreement to include third countries. To this

end, the Joint Committee shall work to develop a proposal

regarding the conditions and procedures, including any

necessary amendments to this Agreement, which would be

required for third countries to accede to this Agreement.

If one of the Contracting Parties does not act in

conformity with a decision of the arbitration tribunal taken

under the terms of this Article within thirty (30) days from

the notification of the aforementioned decision, the other

Contracting Party may, for as long as this failure endures,

limit, suspend or revoke the rights or privileges which it had

granted under the terms of this Agreement to the Contracting

Party at fault.

Article 23

Dispute Resolution and Arbitration

Article 24

Either Contracting Party may refer through diplomatic

channels, to the Association Council established under the

Association Agreement, any dispute relating to the application

or interpretation of this Agreement, having not been resolved in

accordance with Article 22. For the purposes of this Article, the

Association Council established under the Association

Agreement shall act as Joint Committee.

Safeguard Measures

The Contracting Parties shall take any general or specific

measures required to fulfil their obligations under this

Agreement. They shall see to it that the objectives set out in

this Agreement are attained.

The Association Council may settle the dispute by means

If either Contracting Party considers that the other

of a decision.

Contracting Party has failed to fulfil an obligation under this

Agreement, it may take appropriate measures. Safeguard

measures shall be restricted with regard to their scope and

duration to what is strictly necessary in order to remedy the

situation or maintain the balance of this Agreement. Priority

shall be given to such measures which will least disturb the

functioning of this Agreement.

The Contracting Parties shall take the necessary measures

to implement the decision referred to in paragraph 2.

Should the Contracting Parties be unable to settle the

dispute in accordance with paragraph 2, the dispute shall, at

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A Contracting Party which is considering taking safeguard

This Agreement shall be without prejudice to any decision

measures shall notify the other Contracting Party through the

Joint Committee and shall provide all relevant information.

by the two Contracting Parties to implement future recommen

dations that may be made by the ICAO. The Contracting Parties

shall not cite this Agreement, or any part of it, as the basis for

opposing consideration in the ICAO of alternative policies on

any matter covered by this Agreement.

The Contracting Parties shall immediately enter into

consultations in the Joint Committee with a view to finding a

commonly acceptable solution.

The Contracting Parties agree that there will be no

restriction or prevention to conclude, in the future, security

arrangements between the Government of the State of Israel

and each Government of the Member States of the European

Union in security areas that fall outside the scope of the

exclusive competence of the EU. However, the Contracting

Parties agree (i) to privilege, when possible and in accordance

with paragraph 5 of Article 14, the conclusion of Security

arrangement at the EU level, and (ii) to provide the Joint

Committee with the relevant information concerning those

bilateral security arrangements, subject to Article 14,

paragraph 14.

Without prejudice to Articles 3(1)(d) (Authorisation) and

4(1)(d) (Refusal, Revocation, Suspension or Limitation of Auth

orisation) and Articles 13 (Aviation Safety) and 14 (Aviation

Security), the Contracting Party concerned may not take

safeguard measures until one month has elapsed after the date

of notification under paragraph 3, unless the consultation

procedure under paragraph 4 has been concluded before the

expiration of the stated time limit.

The Contracting Party concerned shall, without delay,

notify the measures taken to the Joint Committee and shall

provide all relevant information.

Article 27

Amendments

Any action taken under the terms of this Article shall be

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

provisions of this Agreement.

If one of the Contracting Parties wishes to revise the

provisions of this Agreement, it shall notify the Joint

Committee accordingly. The amendment to this Agreement

shall enter into force in accordance with Article 30.

Article 25

Geographic Extension of the Agreement

The Joint Committee may, upon the proposal of one

Contracting Party and in accordance with this Article, decide

to modify the Annexes of this Agreement.

The Contracting Parties commit to conduct

a continuous

dialogue to ensure the coherence of this Agreement with the

Barcelona process, and they aim, as their ultimate goal, at a

Common Euro-Mediterranean Aviation Area. Therefore, the

possibility of mutually agreeing upon amendments to take

into account similar Euro-Mediterranean aviation agreements

shall be discussed within the Joint Committee in accordance

with Article 22(11).

This Agreement shall be without prejudice to the right of

each Contracting Party, subject to compliance with the principle

of non-discrimination and the provisions of this Agreement to

unilaterally adopt new legislation or amend its existing legis

lation in the field of air transport mentioned in Annex IV, with

respect to the principle of non-discrimination and in accordance

with the provisions of this Agreement.

Article 26

Relationship to Other Agreements

When new legislation or amendment to its existing legis

lation in the field of air transport mentioned in Annex IV is

being considered by one of the Contracting Parties, it shall

inform the other Contracting Party as appropriate and

possible. Providing such information and, at the request of

one of the Contracting Parties, a preliminary exchange of

views may take place in the Joint Committee.

The provisions of this Agreement supersede the relevant

provisions of existing bilateral agreements and arrangements

between Israel and the Member States. However, notwith

standing any term of this Agreement, existing traffic rights,

security arrangements which originate from these bilateral

agreements or other arrangements which are not covered

under this Agreement, or which are more favourable, can

continue to be exercised. As far as air carriers are concerned,

such rights and arrangements can continue to be exercised by:

Each Contracting Party shall regularly and as soon as

appropriate inform the other Contracting Party of newly

adopted legislation or amendment to its existing legislation in

the field of air transport mentioned in Annex IV. Providing such

information may take place in the Joint Committee. Upon the

request of any Contracting Party, the Joint Committee shall

within sixty days hold an exchange of views on the implications

of such new legislation or amendment for the proper func

tioning of this Agreement.

(a) Air carriers of the European Union, provided that there is

no discrimination in the execution of these existing rights or

other arrangements between air carriers of the European

Union on the basis of nationality.

(b) Air carriers of the State of Israel.

In order to safeguard the proper functioning of this

Agreement, the Joint Committee shall:

If the Contracting Parties become parties to a multilateral

agreement, or endorse a decision adopted by the ICAO or

another international organisation, that addresses matters

covered by this Agreement, they shall consult in the Joint

Committee to determine whether this Agreement should be

revised to take into account such developments.

(a) adopt a decision revising Annexes IV and/or VI of this

Agreement so as to integrate therein, if necessary on a

basis of reciprocity, the new legislation or amendment in

question; or

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(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

Article 30

Application and Entry into force

This Agreement shall be applied provisionally, in

accordance with the national laws of the Contracting Parties,

as of the date of its signature by the Contracting Parties.

reasonable period of time, regarding the new legislation or

amendment in question.

This Agreement shall enter into force one month after the

date of the last note in an exchange of diplomatic notes

between the Contracting Parties confirming that all necessary

procedures for entry into force of this Agreement have been

completed. For purposes of this exchange, Israel shall deliver to

the General Secretariat of the Council of the European Union its

diplomatic note to the European Union and its Member States,

and the General Secretariat of the Council of the European

Union shall deliver to Israel the diplomatic note from the

European Union and its Member States. The diplomatic note

from the European Union and its Member States shall contain

communications from each Member State confirming that its

necessary procedures for entry into force of this Agreement

have been completed.

Article 28

Termination

This Agreement is concluded for an unlimited period.

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

through diplomatic channels to the other Party of its decision

to terminate this Agreement. Such notice shall be sent simulta

neously to the ICAO. This Agreement shall terminate at

midnight GMT at the end of the IATA traffic season in effect

one year following the date of written notification of

termination, unless the notice is withdrawn by agreement of

the Contracting Parties before the expiry of this period.

IN WITNESS WHEREOF the undersigned, being duly authorised,

have signed this Agreement.

Done at Luxembourg on the tenth day of June in the year two

thousand and thirteen, which corresponds to the second day of

Tamuz in the year five thousand seven hundred and seventy

three in the Hebrew calendar, in duplicate, in the Bulgarian,

Czech, Danish, Dutch, English, Estonian, Finnish, French,

German, Greek, Hungarian, Italian, Latvian, Lithuanian,

Maltese, Polish, Portuguese, Romanian, Slovak, Slovene,

Spanish, Swedish and Hebrew languages, each text being

equally authentic.

Article 29

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.

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Voor het Koninkrijk België

Pour le Royaume de Belgique

Für das Königreich Belgien

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

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

Diese Unterschrift bindet zugleich die Wallonische Region, die Flämische Region und die Region Brüssel-Hauptstadt.

За Република България

Za Českou republiku

For Kongeriget Danmark

Für die Bundesrepublik Deutschland

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Eesti Vabariigi nimel

Thar cheann Na hÉireann

For Ireland

Για την Ελληνική Δημοκρατία

Por el Reino de España

Pour la République française

Per la Repubblica italiana

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Για την Κυπριακή Δημοκρατία

Latvijas Republikas vārdā –

Lietuvos Respublikos vardu

Pour le Grand-Duché de Luxembourg

Magyarország részéről

Għal Malta

Voor het Koninkrijk der Nederlanden

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Für die Republik Österreich

W imieniu Rzeczypospolitej Polskiej

Pela República Portuguesa

Pentru România

Za Republiko Slovenijo

Za Slovenskú republiku

Suomen tasavallan puolesta

För Republiken Finland

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För Konungariket Sverige

For the United Kingdom of Great Britain and Northern Ireland

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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

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ANNEX I

AGREED SERVICES AND SPECIFIED ROUTES

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

2. Each Contracting Party grants to the air carriers of the other Contracting Party the rights to provide air transport

services on the routes specified hereunder:

(a) For air carriers of the European Union:

Points in the European Union – one or more intermediate points in Euromed (¹) countries, ECAA countries (²) or

countries listed in Annex III – one or more points in Israel;

(b) For air carriers of Israel:

Points in Israel – one or more intermediate points in Euromed countries, ECAA countries or countries listed in

Annex III – one or more points in the European Union.

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

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

4. The air carriers of each Contracting Party may on any or all flights and at their option:

(a) operate flights in either or both directions;

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

Parties in any combination and in any order;

(d) omit stops at any point or points;

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

(f) make stopovers at any points whether within or outside the territory of either Contracting Party, without prejudice

to Article 2 (2) ( Traffic Rights) of this Agreement;

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

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

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

transport it offers based upon commercial considerations in the marketplace. Consistent with this right, neither

Contracting Party shall unilaterally limit the volume of traffic, frequency or regularity of service, or the aircraft

type or types operated by the air carriers of the other Contracting Party, except for customs, technical, operational,

environmental or health protection reasons or in application of Article 7 of this Agreement.

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

points located in a third country that is not included on the specified routes, provided that they do not exercise fifth

freedom rights.

7. Notwithstanding any other provisions of this Annex, this Agreement does not grant any rights allowing the operation

of international air transport to / from/ through the territory of a third country that does not have diplomatic relations

with all the Contracting Parties.

(¹) "EUROMED" countries are Morocco, Algeria, Tunisia, Libya, Egypt, Lebanon, Jordan, Israel, the Palestinian Territory, Syria and Turkey.

(²) "ECAA countries" are the countries which are parties to the Multilateral Agreement establishing a European Common Aviation Area:

Member States of the European Union, the Republic of Albania, Bosnia and Herzegovina, the Republic of Croatia, the former Yugoslav

Republic of Macedonia, the Republic of Iceland, the Republic of Montenegro, the Kingdom of Norway, the Republic of Serbia and

Kosovo under UN Security Council Resolution 1244.

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ANNEX II

TRANSITIONAL PROVISIONS

1. Notwithstanding paragraphs 2 and 3 of this Annex, all rights, including traffic rights, and more beneficial treatments

already granted by bilateral agreements or arrangements between Israel and Member States of the European Union

existing as of the date of signature of this Agreement shall continue to be exercised in accordance with the provisions

of Article 3 of this Agreement. As far as air carriers are concerned, such rights and arrangements can continue to be

exercised by:

(a) Air Carriers of the European Union, provided that there is no discrimination in the execution of these existing

rights or other arrangements between air carriers of the European Union on the basis of nationality.

(b) Air Carriers of the State of Israel.

2. For passenger, cargo and/or mail services, separately or in combination, air carriers of Israel and of the Member States

of the European Union shall be entitled to exercise 3rd and 4th freedom rights on the specified routes subject to the

following transitional provisions:

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

i. For each route, except for those specified in Annex V, authorised air carriers shall be entitled to operate the

number of weekly frequencies available under the respective bilateral agreements or arrangements applicable or

seven (7) weekly frequencies, whichever is the highest; and

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

frequencies as specified in Annex V.

From the date of signature of this Agreement, there will be no limitations regarding the number of authorised air

carriers per route for each of the Contracting Parties.

(b) From the first day of the first summer IATA season following the date of signature of this Agreement and for

scheduled air services only, authorised air carriers shall be entitled to operate:

i. For the routes specified in Part A of Annex V to this Agreement, three (3) additional weekly frequencies in

relation to the number of weekly frequencies specified in Part A of Annex V; and

ii. For any other route, including for the routes specified in part B of Annex V, seven (7) additional weekly

frequencies in relation to the number of weekly frequencies resulting from the application of paragraph a) i. and

a) ii above.

scheduled air services only, authorised air carriers shall be entitled to operate:

i. For the routes specified in Part A of Annex V to this Agreement, three (3) additional weekly frequencies in

relation to the number of weekly frequencies resulting from the application of paragraph b) i. above; and

ii. For any other route, including for the routes specified in part B of Annex V, seven (7) additional weekly

frequencies in relation to the number of weekly frequencies resulting from the application of paragraph b) ii.

above

(d) Subject to paragraph 4 below, from the first day of the third summer IATA season following the date of signature

of this Agreement and for scheduled air services only, authorised air carriers shall be entitled to operate:

i. For the routes specified in Part A of Annex V to this Agreement, four (4) additional weekly frequencies in

relation to the number of weekly frequencies resulting from the application of paragraph c) i. above; and

ii. For any other route, including for the routes specified in part B of Annex V, seven (7) additional weekly

frequencies in relation to the number of weekly frequencies resulting from the application of paragraph c) ii.

above.

(e) From the first day of the fourth summer IATA season following the date of signature of this Agreement and for

scheduled air services only, authorised air carriers shall be entitled to operate:

i. For the routes specified in Part A of Annex V to this Agreement, four (4) additional weekly frequencies in

relation to the number of weekly frequencies resulting from the application of paragraph d) i. above; and

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ii. For any other route, including for the routes specified in part B of Annex V, seven (7) additional weekly

frequencies in relation to the number of weekly frequencies resulting from the application of paragraph d) ii.

above.

(f) From the first day of the fifth summer IATA season following the date of signature of this Agreement, the

provisions of Annex I shall apply and the air carriers of the Contracting Parties shall be entitled to operate

freely 3rd and 4th freedom rights on the specified routes without any limitation regarding the capacity, the

weekly frequencies or the regularity of the service.

3. With regard to the non-scheduled air services:

(a) From the date of signature of this Agreement, operations of non-scheduled air services shall continue to remain

subject to approval from the relevant authorities of the Contracting Parties, which will favourably consider such

request, and

(b) From the date specified in paragraph 2.f) above, the provisions of Annex I shall apply and the air carriers of the

Contracting Parties shall be entitled to operate freely 3rd and 4th freedom rights on the specified routes without

any limitation regarding the capacity, the weekly frequencies, the number of authorised air carriers or the regularity

of the service.

4. Prior to the date specified in paragraph 2.d) of this Annex, the Joint Committee shall meet to review the implemen

tation of this Agreement and to assess the commercial impact of the first two stages of the transitional period

described in this Annex. On the basis of such an assessment, and without prejudice to its competence in accordance

with Article 22 of this Agreement, the Joint Committee may decide by consensus:

(a) to delay, for a mutually agreed period of time, which shall not exceed two years, the implementation of paragraphs

2.d), 2.e) and 2.f) on certain routes, in case the above mentioned assessment determines either the circumvention

of restrictions imposed on scheduled air services through the operations of non-scheduled air services or the

existence of a substantial imbalance of the volume of traffic carried by the air carriers of the Contracting Parties

that could endanger the preservation of the air services; or

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

If the Joint Committee is not able to reach an agreement, a Contracting Party may take appropriate safeguard measures

under Article 24 of this Agreement.

5. The implementation and application by Israel of the regulatory requirements and standards which are delivered in

European Union legislation relating to air transport mentioned in Annex IV shall be validated by a decision of the

Joint Committee on the basis of an evaluation by the European Union. Such an evaluation shall be conducted at the

earliest of: (i) the date on which Israel notifies the Joint Committee of its fulfilment of the harmonisation process based

on Annex IV of this Agreement, or (ii) three years after the entry into force of this Agreement.

6. Notwithstanding the provisions of Annex I, and without prejudice to Article 26(1) of this Agreement and paragraph 1

of this Annex, until the moment of the adoption of the decision referred to in paragraph 5 of this Annex, the air

carriers of the Contracting Parties shall not have the right to exercise fifth freedom rights, including between points

within the territory of the European Union, when operating the agreed services on the specified routes.

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ANNEX III

LIST OF OTHER STATES REFERRED TO IN ARTICLES 3, 4 AND 8 OF THE AGREEMENT AND IN 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 Air Transport Agreement between the European Community and the Swiss

Confederation)

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ANNEX IV

RULES RELATING TO CIVIL AVIATION

The equivalent regulatory requirements and standards of European Union legislation referred to in this Agreement shall be

delivered on the basis of the following acts. Where necessary, specific adaptations for each individual act are set out

hereafter. The equivalent regulatory requirements and standards shall be applicable in accordance with Annex VI unless

otherwise specified in this Annex or in Annex II on Transitional Provisions.

A. AVIATION SAFETY

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

Israel shall, at the earliest possible, take measures corresponding to those taken by the EU Member States on the basis of

the list of air carriers which are subject to an operating ban due to safety reasons.

The measures will be taken according to the relevant rules regarding the establishment and publication of a list of air

carriers which are subject to an operating ban and the information requirements to air passengers of the identity of the

air carrier operating the flights on which they travel, established in the following EU legislation:

No 2111/2005

Regulation (EC) No 2111/2005 of the European Parliament and of the Council of 14 December 2005 on the estab

lishment 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

Relevant provisions: Articles 1 to 13, Annex

No 473/2006

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

of air carriers which are subject to an operating ban within the Community referred to in Chapter II of Regulation (EC)

No 2111/2005 of the European Parliament and of the Council

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

No 474/2006

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

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

European Parliament and of the Council

as regularly amended by Commission Regulations

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

In case a measure raises serious concerns for Israel, Israel may suspend its application and shall, without undue delay,

refer the matter to the Joint Committee pursuant to Article 22(11)(f) of this Agreement.

A.2 Accident/incident investigation and occurrence reporting

A.2.1: No 996/2010

Regulation (EU) No 996/2010 of the European Parliament and of the Council of 20 October 2010 on the investigation

and prevention of accidents and incidents in civil aviation and repealing Directive 94/56/EC

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

A.2.2: No 2003/42

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

aviation

Relevant provisions: Articles 1-6, 8-9

B. AIR TRAFFIC MANAGEMENT

BASIC REGULATIONS

Section A:

B.1: No 549/2004

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

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

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

B.2: No 550/2004

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

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

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

(2), Annex II

B.3: No 551/2004

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

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

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

B.4: No 552/2004

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

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

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

Regulations No 549/2004 to 552/2004 amended by Regulation (EC) No 1070/2009 of the European Parliament and of

the Council of 21 October 2009 amending Regulations (EC) No 549/2004, (EC) No 550/2004, (EC) No 551/2004 and

(EC) No 552/2004 in order to improve the performance and sustainability of the European aviation system

B.5: Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common

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

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

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

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

services and repealing Directive 2006/23/EC

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

Section B:

B.2: No 550/2004

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

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

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

B.3: No 551/2004

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

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

Relevant provisions: Article 3, 6(6)

Regulations No 549/2004 to 552/2004 amended by Regulation (EC) No 1070/2009 of the European Parliament

and of the Council of 21 October 2009 amending Regulations (EC) No 549/2004, (EC) No 550/2004, (EC) No

551/2004 and (EC) No 552/2004 in order to improve the performance and sustainability of the European aviation

system

B.5: Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common

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

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

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

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

services and repealing Directive 2006/23/EC

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

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IMPLEMENTING RULES

The following acts will be applicable and relevant unless otherwise specified in Annex VI with respect to the equivalent

regulatory requirements and standards relating to the "Basic Regulations":

Framework (Regulation (EC) No 549/2004)

— Commission Regulation (EU) No 691/2010 of 29 July 2010 laying down a performance scheme for air navigation

services and network functions and amending Regulation (EC) No 2096/2005 laying down common requirements for

the provision of air navigation service

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

— Commission Regulation (EC) N^o482/2008 of 30 May 2008 establishing a software safety assurance system to be

implemented by air navigation service providers and amending Annex II to Regulation (EC) N^o2096/2005

Airspace (Regulation (EC) No 551/2004)

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

management

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

under visual flight rules above flight level 195

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

airspace

Interoperability (Regulation (EC) No 552/2004)

— Commission Regulation (EU) No 677/2011 of 7 July 2011 laying down detailed rules for the implementation of air

traffic management (ATM) network functions and amending Regulation (EU) No 691/2010

— Commission Regulation (EU) No 929/2010 of 18 October 2010 amending Regulation (EC) No 1033/2006 as regards

the ICAO provisions referred to in Article 3(1)

— Commission Regulation (EU) N^o73/2010 of 26 January 2010 laying down requirements on the quality of aero

nautical data and aeronautical information for the single European sky

— Commission Regulation (EC) No 262/2009 of 30 March 2009 laying down requirements for the coordinated

allocation and use of Mode S interrogator codes for the single European sky

— Commission Regulation (EC) N^o633/2007 of 7 June 2007 laying down requirements for the application of a flight

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

control units

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

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

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

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

units

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

— Commission Regulation (EC) N^o805/2011 of 10 August 2011 laying down detailed rules for air traffic controllers’

licences and certain certificates pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the

Council

— Commission Implementing Regulation (EU) No 1034/2011 of 17 October 2011 on safety oversight in air traffic

management and air navigation services and amending Regulation (EU) No 691/2010

— Commission Implementing Regulation (EU) No 1035/2011 of 17 October 2011 laying down common requirements

for the provision of air navigation services and amending Regulations (EC) No 482/2008 and (EU) No 691/2010

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C. ENVIRONMENT

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C.1: 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

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

C.2: No 2006/93

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

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

Aviation, second edition (1988)

Relevant provisions: Articles 1 to 3, 5

D. AIR CARRIER LIABLITY

D.1: No 2027/97

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

as amended by:

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

Regulation (EC) No 2027/97

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

E. CONSUMER RIGHTS AND PROTECTION OF PERSONAL DATA

E.1: No 90/314

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

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

E.2: No 95/46

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

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

Relevant provisions: Articles 1 to 34

E.3: No 261/2004

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

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

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

Relevant provisions: Articles 1 to 16

E.4: No 1107/2006

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

disabled persons and persons with reduced mobility when travelling by air

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

F. SOCIAL ASPECTS

F.1: No 2000/79

Council Directive 2000/79/EEC of 27 November 2000 concerning the European agreement on the organisation of

working time of mobile workers in civil aviation concluded by the Association of European Airlines (AEA), the

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

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

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

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ANNEX V

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

Base capacity

(weekly frequencies)

Type of Service

Passenger

Routes

Vienna

Tel-Aviv (TLV)

For the first carrier: 14

For the second and ss. carriers: 3

Passenger

Paris (CDG - ORY - BVA)

For the first carrier: unlimited;

For the second and ss. carriers: 7

Passenger

Pax/All Cargo

Frankfurt

Athens

Tel-Aviv (TLV)

Rome

Madrid

London (LHR)

For the first two carriers: unlimited

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

Base capacity

(weekly frequencies)

Type of Service

Routes

Passenger

Milan

Berlin

Tel-Aviv (TLV)

Tel-Aviv (TLV

Barcelona

Munich

ANNEX VI

REGULATORY REQUIREMENTS AND STANDARDS THAT SHALL BE MET WHEN APPLYING THE EU LEGISLATION LISTED IN ANNEX IV OF THE EU-ISRAEL

EURO-MEDITERRANEAN AVIATION AGREEMENT

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

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

A.2.1: Regulation (EU) No 996/2010 of the European Parliament and of the Council of 20 October 2010 on the investigation and prevention of accidents and incidents in civil aviation and repealing Directive

94/56/EC

Standard No.

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

Article No.

Standard

A2.1.1.1

Regulation No 996/2010 aims to improve aviation safety by ensuring a high level of efficiency, expediency, and quality of civil aviation safety investigations, the sole

objective of which is the prevention of future accidents and incidents without apportioning blame or liability. It also provides for rules concerning the timely availability

of information relating to all persons and dangerous goods on board an aircraft involved in an accident. It also aims to improve the assistance to the victims of air

accidents and their relatives.

A2.1.2.1

A2.1.3.1

A2.1.4.1

The Definitions in Article 2 of Regulation No 996/2010 shall apply to the standards and requirements relating to the investigation and prevention of accidents and

incidents in civil aviation specified in this Annex, as applicable and appropriate.

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

Contracting Parties, according to international standards and recommended practices.

4(1)

The Contracting Parties shall ensure that safety investigations are conducted or supervised, without external interference, by a permanent national civil aviation safety

investigation authority (safety investigation authority) capable of independently conducting a full safety investigation, either on its own or through agreements with other

safety investigation authorities

4(2)

A2.1.4.2

The safety investigation authority shall be functionally independent in particular of aviation authorities responsible for airworthiness, certification, flight operation,

maintenance, licensing, air traffic control or aerodrome operation and, in general, of any other party or entity the interests or missions of which could conflict with the

task entrusted to the safety investigation authority or influence its objectivity.

4(3)

4(4)

4(5)

4(6)

A2.1.4.3

A2.1.4.4

A2.1.4.5

A2.1.4.6

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

over the conduct of the safety investigations.

The activities entrusted to the safety investigation authority may be extended to the gathering and analysis of aviation safety related information, in particular for accident

prevention purposes, in so far as these activities do not affect its independence and entail no responsibility in regulatory, administrative or standards matters.

In order to inform the public of the general aviation safety level, a safety review shall be published annually at national level. In this analysis, the sources of confidential

information shall not be revealed.

The safety investigation authority shall be given by the respective Contracting Party the means required to carry out its responsibilities independently and shall be able to

obtain sufficient resources to do so.

Standard No.

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Article No.

5(1)-(3)

5(4)

Standard

A2.1.5.1

A2.1.5.4

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

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

from them.

5(5)

A2.1.5.5

A2.1.8.1

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

judicial or administrative proceedings to apportion blame or liability.

The safety investigation authority may, provided that the requirement of no conflict of interest is satisfied, invite the national civil aviation authority, within the scope of

its competence, to appoint a representative to participate as an adviser to the investigator-in-charge in any safety investigation the safety investigation authority is

responsible for under the control and at the discretion of the investigator-in-charge.

The national civil aviation authorities shall support the investigation in which they participate by supplying the requested information. In addition, they shall provide

advisers and their equipment to the safety investigation authority in charge where relevant.

9(1)

9(2)

A2.1.9.1

A2.1.9.2

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

the State of Occurrence thereof.

The safety investigation authority shall notify without delay the International Civil Aviation Organization (ICAO) and third countries concerned in accordance with the

international standards and recommended practices of the occurrence of all accidents and serious incidents of which it has been notified. It shall also notify the European

Commission and EASA in case the accident or serious incident involves an aircraft registered, operated, manufactured or certified in the EU.

10(1)

A2.1.10.1

Upon receipt of the notification of the occurrence of an accident or serious incident from third country, the Contracting Party which are the State of Registry, the State of

the Operator, the State of Design and the State of Manufacture shall, as soon as possible, inform the third country in the territory of which the accident or serious

incident occurred whether they intend to appoint an accredited representative in accordance with the international standards and recommended practices. Where such an

accredited representative is appointed, his or her name and contact details shall also be provided, as well as the expected date of arrival if the accredited representative

intends to travel to the country which sent the notification.

10(2)

11(1)

11(2)

A2.1.10.2

A2.1.11.1

A2.1.11.2

Accredited representatives for the State of Design shall be appointed by the safety investigation authority of the Contracting Party in the territory of which the principal

place of business of the certificate holder for the type design of the aircraft or power plant is located.

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

the necessary measures to satisfy the requirements of the safety investigation.

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

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

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

(d) request, according to the applicable legislation of the Contracting Party, and contribute to, a complete autopsy examination of the bodies of the fatally injured persons

and to have immediate access to the results of such examinations or of tests made on samples taken;

Standard No.

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

Article No.

Standard

(e) request, according to the applicable legislation of the Contracting Party, the medical examination of the people involved in the operation of the aircraft or request

tests to be carried out on samples taken from such people and to have immediate access to the results of such examinations or tests;

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

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

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

operators.

11(3)

A2.1.11.3

The investigator-in-charge shall extend to his or her investigators as well as, unless in contradiction with the applicable legislation of the Contracting Party, to his or her

advisers and to the accredited representatives and their advisers the entitlements listed in standard A2.1.11.2, to the extent necessary to enable them to participate

effectively in the safety investigation. Those entitlements are without prejudice to the rights of the investigators and experts designated by the authority in charge of the

judicial investigation.

11(4)

A2.1.11.4

A2.1.12.1

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

the investigator-in-charge.

12(1)-(2)

When a judicial investigation is also instituted, the investigator-in-charge should be notified thereof. In such a case, the investigator-in-charge should ensure traceability

and retain custody of flight recorders and any physical evidence. The judicial authority may appoint an official from that authority to accompany the flight recorders or

physical evidence to the place of the read-out or treatment. Where examination or analysis of such physical evidence may modify, alter or destroy it, prior agreement

from the judicial authorities will be required, without prejudice to national law. Where such agreement is not obtained within a reasonable time, it should not prevent the

investigator-in-charge from conducting the examination or analysis. Where the judicial authority is entitled to seize any evidence, the investigator-in-charge should have

immediate and unlimited access to and use of such evidence.

Where, in the course of the safety investigation, it becomes known or it is suspected that an act of unlawful interference as provided for under national law, such as

national law on accident investigations, was involved in the accident or serious incident, the investigator-in-charge shall immediately inform the competent authorities

thereof. Subject to standard A2.1.14.1, the relevant information collected in the safety investigation shall be shared with those authorities immediately and upon request,

relevant material may also be transferred to those authorities. The sharing of that information and that material shall be without prejudice to the right of the safety

investigation authority to continue the safety investigation, in coordination with the authorities to which the control of the site may have been transferred.

12(3)

13(1)

A2.1.12.2

A2.1.13.1

The Contracting Parties shall ensure that safety investigation authorities, on the one hand, and other authorities likely to be involved in the activities related to the safety

investigation, such as the judicial, civil aviation, search and rescue authorities, on the other hand, cooperate with each other through advance arrangements.

Those arrangements shall respect the independence of the safety investigation authority and allow the technical investigation to be conducted diligently and efficiently.

They should notably cover issues such as: access to the site of the accident; preservation of and access to evidence; initial and ongoing debriefings of the status of each

process; exchange of information; appropriate use of safety information; resolution of conflicts.

The Contracting Party in the territory of which the accident or serious incident occurred shall be responsible for ensuring safe treatment of all evidence and for taking all

reasonable measures to protect such evidence and for maintaining safe custody of the aircraft, its contents and its wreckage for such period as may be necessary for the

purpose of a safety investigation. Protection of evidence shall include the preservation, by photographic or other means, of any evidence which might be removed,

effaced, lost or destroyed. Safe custody shall include protection against further damage, access by unauthorised persons, pilfering and deterioration.

Standard No.

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

Article No.

13(2)

Standard

A2.1.13.2

Pending the arrival of safety investigators, no person shall modify the state of the site of the accident, take any samples therefrom, undertake any movement of or

sampling from the aircraft, its contents or its wreckage, move or remove it, except where such action may be required for safety reasons or to bring assistance to injured

persons, or under the express permission of the authorities in control of the site and, when possible, in consultation with the safety investigation authority.

13(3)

A2.1.13.3

A2.1.14.1

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

recordings of conversations and alarms after the flight.

Sensitive safety information shall not be made available or used for purposes other than safety investigation. The administration of justice or the authority competent to

decide on the disclosure of records according to national law may decide that the benefits of the disclosure of the sensitive safety information for any other purposes

permitted by law outweigh the adverse domestic and international impact that such action may have on that or any future safety investigation.

15(1)

15(2)

A2.1.15.1

A2.1.15.2

The staff of the safety investigation authority in charge, or any other person called upon to participate in or contribute to the safety investigation shall be bound by

applicable rules or procedures of professional secrecy, including as regards the anonymity of those involved in an accident or incident, under the applicable legislation.

The safety investigation authority in charge shall communicate the information which it deems relevant to the prevention of an accident or serious incident, to persons

responsible for aircraft or aircraft equipment manufacture or maintenance, and to individuals or legal entities responsible for operating aircraft or for the training of

personnel.

15(3)

15(4)

A2.1.15.3

A2.1.15.4

The safety investigation authority in charge shall release to the national civil aviation authority relevant factual information obtained during the safety investigation,

except sensitive safety information or causing a conflict of interest. The information received by the national civil aviation authorities shall be protected in accordance

with applicable legislation of the Contracting Party.

The safety investigation authority in charge shall be authorized to inform victims and their relatives or their associations or make public any information on the factual

observations, the proceedings of the safety investigation, possibly preliminary reports or conclusions and/or safety recommendations, provided that it does not

compromise the objectives of the safety investigation and fully complies with applicable legislation on the protection of personal data.

15(5)

16(1)

A2.1.15.5

A2.1.16.1

Before making public the information referred to in Standard A2.1.15.4, the safety investigation authority in charge shall forward that information to the victims and

their relatives or their associations in a way which does not compromise the objectives of the safety investigation.

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

the sole objective of the safety investigation is the prevention of future accidents and incidents without apportioning blame or liability. The report shall contain, where

appropriate, safety recommendations.

16(2)

16(3)

A2.1.16.2

A2.1.16.3

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

Where safety investigations give rise to reports before the completion of the investigation, prior to their publication the safety investigation authority may solicit

comments from the authorities concerned, and the certificate holder for the design, the manufacturer and the operator concerned. They shall be bound by applicable

rules of professional secrecy with regard to the contents of the consultation.

Standard No.

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

Article No.

16(4)

Standard

A2.1.16.4

Before publication of the final report, the safety investigation authority may solicit comments from the authorities concerned and the certificate holder for the design, the

manufacturer and the operator concerned, who shall be bound by applicable rules of professional secrecy with regard to the contents of the consultation. In soliciting

such comments, the safety investigation authority shall follow the international standards and recommended practices.

16(5)

16(6)

16(7)

16(8)

A2.1.16.5

A2.1.16.6

A2.1.16.7

Sensitive safety information shall be included in a report only when relevant to the analysis of the accident or serious incident. Information or parts of the information

not relevant to the analysis shall not be disclosed.

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

incident.

If the final report cannot be made public within 12 months, the safety investigation authority shall release an interim statement at least at each anniversary of the

accident or serious incident, detailing the progress of the investigation and any safety issues raised.

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

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

practices;

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

17(1)

A2.1.17.1

At any stage of the safety investigation, the safety investigation authority shall recommend in a dated transmittal letter, after appropriate consultation with relevant

parties, to the authorities concerned, including those in third countries, any preventive action that it considers necessary to be taken promptly to enhance aviation safety.

17(2)

17(3)

18(1)

A2.1.17.2

A2.1.17.3

A2.1.18.1

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

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

The addressee of a safety recommendation shall acknowledge receipt of the transmittal letter and inform the safety investigation authority which issued the recom

mendation within 90 days of the receipt of that letter, of the actions taken or under consideration, and where appropriate, of the time necessary for their completion and

where no action is taken, the reasons therefor.

18(2)

A2.1.18.2

A2.1.20.1

Within 60 days of the receipt of the reply, the safety investigation authority shall inform the addressee whether or not it considers the reply adequate and give

justification when it disagrees with the decision to take no action.

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

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

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

Standard No.

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Article No.

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2. In order to allow passengers’ relatives to obtain information quickly concerning the presence of their relatives on board an aircraft involved in an accident, airlines

shall offer travellers the opportunity to give the name and contact details of a person to be contacted in the event of an accident. This information may be used by the

airlines only in the event of an accident and shall not be communicated to third parties or used for commercial purposes.

3. The name of a person on board shall not be made publicly available before the relatives of that person have been informed by the relevant authorities. The list referred

to in paragraph 1(a) shall be kept confidential in accordance with relevant legislation of the Contracting Party, and the name of each person appearing in that list shall,

subject thereto, only be made publicly available in so far as the relatives of the respective persons on board have not objected.

A2.1.21.1

1. In order to ensure a more comprehensive and harmonised response to accidents, each Contracting Party shall establish a civil aviation accident emergency plan at

national level. Such an emergency plan shall also cover assistance to the victims of civil aviation accidents and their relatives.

2. Each Contracting Party shall ensure that all airlines established in its territory have a plan for the assistance to the victims of civil aviation accidents and their relatives.

Those plans should take particular account of psychological support for victims of civil aviation accidents and their relatives and allow the airline to react to a major

accident. Each Contracting Party shall audit the assistance plans of the airlines established in its territory.

3. A Contracting Party, which, by virtue of fatalities or serious injuries to its citizens, has a special interest in an accident which has occurred in its territory, shall be

entitled to appoint an expert who shall have the right to:

(a) visit the scene of the accident;

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

progress of the investigation;

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

the survivors of its State.

A2.1.23.1

The Contracting Parties shall lay down the rules on penalties applicable to infringements of the standards and requirements relating to the investigation and prevention of

accidents and incidents in civil aviation specified in this Annex. The penalties provided for shall be effective, proportionate and dissuasive.

A.2.2: Directive 2003/42/EC of the European Parliament and of the Council of 13 June 2003 on occurrence reporting in civil aviation

Standard No.

Article No.

Standard

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

A2.2.1.1

The objective of this Directive is to contribute to the improvement of air safety by ensuring that relevant information on safety is reported, collected, stored, protected

and disseminated. The sole objective of occurrence reporting is the prevention of accidents and incidents and not to attribute blame or liability.

A2.2.2.1

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

Annex, as applicable and appropriate.

Standard No.

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

Article No.

Standard

A2.2.3.1

A2.2.4.1

The standards and requirements relating to occurrence reporting in civil aviation specified in this Annex shall apply to occurrences which endanger or which, if not

corrected, would endanger an aircraft, its occupants or any other person.

4(1)

The Contracting Parties shall require that occurrences are reported to the competent authorities by every person involved in the occurrence or by every person who has a

license according to the air navigation law and crew member, even though he was not involved in the occurrence.

5(1)

5(2)-(3)

A2.2.5.1

A2.2.5.2

A2.2.6.1

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

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

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

software.

8(1)

8(2)

8(3)

A2.2.8.1

A2.2.8.2

A2.2.8.3

The Contracting Parties shall, according to their national legislation, take necessary measures to ensure appropriate confidentiality of the information received by them

pursuant to Directive 2003/42/EC. They shall use this information solely for the objective of Directive 2003/42/EC.

Regardless of the type or classification of occurrence and accident or serious incident, names or addresses of individual persons shall never be recorded on the database

mentioned in Standard A2.2.5.2.

Without prejudice to the applicable rules of penal law, The Contracting Parties shall refrain from instituting proceedings in respect of unpremeditated or inadvertent

infringements of the law which come to their attention only because they have been reported under the national mandatory occurrence-reporting scheme, except in cases

of gross negligence.

A2.2.9.1

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

be captured by the mandatory incident reporting system.

PART B: Air Traffic Management

B.1: Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the single European sky (the Framework Regulation) as

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

Category

Standard No.

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

(either Section A or

Section B of Part B of

Annex IV)

Article no.

1.1 – 1.3

Standard

B.1.1.1

The objective of the single European sky initiative is to enhance current air traffic safety standards, to contribute to the sustainable development

of the air transport system and to improve the overall performance of air traffic management (ATM) and air navigation services (ANS) for general

air traffic in the Contracting Parties, with a view to meeting the requirements of all airspace users. This single European sky shall comprise a

coherent pan-European network of routes, network management and air traffic management systems based only on safety, efficiency and

technical considerations, for the benefit of all airspace users. In pursuit of this objective, Regulation 549/2004 establishes a harmonized regulatory

framework for the creation of the single European sky.

Category

(either Section A or

Section B of Part B of

Annex IV)

Standard No.

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

Article no.

Standard

The application of Regulation 549/2004 and of the measures referred to the in basic regulations of the SES shall be without prejudice to

Contracting Parties' sovereignty over their airspace and to the requirements of the Contracting Parties relating to public order, public security and

defence matters, as set out in Article 13. Regulation 549/2004 and the measures referred to in the Basic Regulations of the SES do not cover

military operations and training.

The application of Regulation 549/2004 and of the measures referred to in the Basic Regulations of the SES shall be without prejudice to the

rights and duties of Contracting Parties under the 1944 Chicago Convention on International Civil Aviation (the Chicago Convention). In this

context, an additional objective is to assist Contracting Parties in fulfilling their obligations under the Chicago Convention, by providing a basis

for a common interpretation and uniform implementation of its provisions, and by ensuring that these provisions are duly taken into account in

Regulation 549/2004 and in the rules drawn up for its implementation.

B.1.2.1

B.1.4.1

B.1.4.2

B.1.4.3

The Definitions in Article 2 of Regulation 549/2004 shall apply to the standards and requirements relating to air traffic management specified in

this Annex. All references to Member States shall be understood to refer to Contracting Parties.

4.1

4.2

4.3

Contracting Parties shall, jointly or individually, either nominate or establish a body or bodies as their national supervisory authority in order to

assume the tasks assigned to such authority under Regulation 549/2004 and under the measures referred to in Article 3 of Regulation 549/2004.

The national supervisory authorities shall be independent of air navigation service providers. This independence shall be achieved through

adequate separation, at the functional level at least, between the national supervisory authorities and such providers.

National supervisory authorities shall exercise their powers impartially, independently and transparently. This shall be achieved by applying

appropriate management and control mechanisms, including within the administration of a Contracting Party. However, this shall not prevent the

national supervisory authorities from exercising their tasks within the rules of organisation of national civil aviation authorities or any other

public bodies.

4.4

B.1.4.4

B.1.9.1

B.1.10.1

Contracting Parties shall ensure that national supervisory authorities have the necessary resources and capabilities to carry out the tasks assigned

to them under Regulation 549/2004 in an efficient and timely manner.

The penalties that Contracting Parties shall lay down for infringements of Regulation 549/2004 and of the measures referred to in the Basic

Regulations of the SES in particular by airspace users and service providers shall be effective, proportionate and dissuasive.

The Contracting Parties, acting in accordance with their national legislation, shall establish consultation mechanisms for appropriate involvement

of stakeholders, including professional staff representative bodies, in the implementation of the single European sky.

Category

(either Section A or

Section B of Part B of

Annex IV)

Standard No.

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

Article no.

11.1

Standard

B.1.11.1

To improve the performance of air navigation services and network functions, a performance scheme for air navigation services and network

functions shall be set up. It shall include:

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

consistency with the SES initiative; and

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

11.2

B.1.11.2

B.1.11.3

In accordance with the regulatory procedure referred to in Article 5(3) of Regulation 549/2004, the Commission may designate Eurocontrol or

another impartial and competent body to act as a "performance review body". The role of the performance review body shall be to assist the

national supervisory authorities on request in the implementation of the performance scheme. The Commission shall ensure that the performance

review body acts independently when carrying out the tasks entrusted to it by the Commission.

11.3 (b)

The national plans referred to in standard B.1.11.1 shall be drawn up by the national supervisory authority and adopted by the Contracting Party.

These plans shall include binding national targets and an appropriate incentive scheme as adopted by the Contracting Party. Drafting of the plans

shall be subject to consultation with air navigation service providers, airspace users’ representatives, and, where relevant, airport operators and

airport coordinators.

11.3(d)

11.4

B.1.11.4

B.1.11.5

The reference period for the performance scheme shall cover a minimum of three years and a maximum of five years. During this period, in the

event that the national targets are not met, the Contracting Parties and/or the national supervisory authorities shall apply the appropriate

measures they have defined.

The following procedures shall apply to the performance scheme:

(a) collection, validation, examination, evaluation and dissemination of relevant data related to the performance of air navigation services and

network functions from all relevant parties, including air navigation service providers, airspace users, airport operators, national supervisory

authorities, Contracting Parties and Eurocontrol;

(b) selection of appropriate key performance areas on the basis of ICAO Document No 9854 'Global air traffic management operational concept',

and consistent with those identified in the Performance Framework of the ATM Master Plan, including safety, the environment, capacity and

cost-efficiency areas, adapted where necessary in order to take into account the specific needs of the Single European Sky and relevant

objectives for these areas and definition of a limited set of key performance indicators for measuring performance;

(d) monitoring of the national performance plans, including appropriate alert mechanisms.

11.5

11.6

B.1.11.6

B.1.11.7

The establishment of the performance scheme shall take into account that en route services, terminal services and network functions are different

and should be treated accordingly, if necessary also for performance-measuring purposes.

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

Category

(either Section A or

Section B of Part B of

Annex IV)

Standard No.

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

Article no.

Standard

B.1.13.1

The Basic Regulations on the SES shall not prevent the application of measures by a Contracting Party to the extent to which these are needed to

safeguard essential security or defense policy interests. Such measures are in particular those which are imperative:

— for the surveillance of airspace that is under its responsibility in accordance with ICAO Regional Air Navigation agreements, including the

capability to detect, identify and evaluate all aircraft using such airspace, with a view to seeking to safeguard safety of flights and to take

action to ensure security and defense needs,

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

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

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

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

B.2: Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 2004 on the provision of air navigation services in the single European sky (the service provision Regulation) as

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

Category

Standard No.

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

(either Section A or

Section B of Part B of

Annex IV)

Article no.

2.1-2

Standard

B.2.2.1

Conduction of inspection and surveys by the national supervisory authority to ensure supervision of compliance with EC Regulation 550/2004 in

particular with regard to the safe and efficient operation of air navigation service providers which provide services relating to the airspace falling

under the responsibility of the Contracting Party. The air navigation service provider concerned shall facilitate such work.

2.3

B.2.2.2

B.2.2.3

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

between countries that participate in that FAB.

2.4-6

Arrangements on supervision that ensure inspection and surveys on ANSP of countries providing services at another county's airspace shall be

made between those countries. Those arrangements shall include arrangements for handling of cases involving non-compliance with the

applicable requirements.

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

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

7.1

7.3

B.2.7.1

B.2.7.2

B.2.7.3

B.2.7.4

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

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

The certificate shall be checked on a regular basis.

Category

(either Section A or

Section B of Part B of

Annex IV)

Standard No.

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

Article no.

Standard

7.4 +

Annex II

B.2.7.5

Certificates shall specify the rights and obligations of air navigation service providers, including non-discriminatory access to services for airspace

users, with particular regard to safety. Certification may be subject only to the conditions set out in Annex II of Regulation 550/2004. Such

conditions shall be objectively justified, non-discriminatory, proportionate and transparent.

7.5

7.6

B.2.7.6

B.2.7.7

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

The issue of certificates shall confer on air navigation service providers the possibility of offering their services to other Contracting Parties, other

air navigation service providers, airspace users and airports within the Contracting Parties.

7.7

B.2.7.8

B.2.7.9

National supervisory authorities shall monitor compliance with certificate.

If a national supervisory authority finds that the holder of a certificate no longer satisfies such requirements or conditions, it shall take

appropriate measures while ensuring continuity of services. Such measures may include the revocation of the certificate.

7.8

8.1

B.2.7.10

B.2.8.1

A Contracting Party shall recognize any certificate issued in another Contracting Party in accordance with the standards and regulatory

requirements relating to air traffic management specified in this Annex.

Contracting Parties shall ensure the provision of air traffic services on an exclusive basis within specific airspace blocks in respect of the airspace

under their responsibility. For this purpose, Contracting Parties shall designate an air traffic service provider holding a valid certificate within the

Contracting Parties.

8.2

8.3

8.4

8.5

B.2.8.2

B.2.8.3

B.2.8.4

Legal systems shall not prevent cross border services by requiring ANSP (a) be owned directly or through majority holding by a certain state/its

nationals (b) registered office/principal place of operation in that state (c) use only facilities in that state.

Contracting Parties shall define the rights and obligations to be met by the designated service providers. The obligations may include conditions

for the timely supply of relevant information enabling all aircraft movements in the airspace under their responsibility to be identified.

Contracting Parties have discretionary powers in choosing a service provider, on condition that the latter fulfils the requirements and conditions

referred to in standards and regulatory requirements in relating to air traffic management specified in this Annex.

In respect of functional airspace blocks established in accordance with Article 9a that extend across the airspace under the responsibility of more

than one Contracting Party, the Contracting Parties concerned shall jointly designate, in accordance with paragraph 1 of Article 8 of Regulation

550/2004, one or more air traffic service providers, at least one month before implementation of the airspace block.

B.2.9.1

Contracting Parties may designate a provider of meteorological services to supply all or part of meteorological data on an exclusive basis in all or

part of the airspace under their responsibility, taking into account safety considerations.

Category

(either Section A or

Section B of Part B of

Annex IV)

Standard No.

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

Article no.

9a.1

Standard

B.2.9a.1

B.2.9a.2

Contracting Parties shall take all necessary measures in order to ensure the implementation of functional airspace blocks with a view to achieving

the required capacity and efficiency of the air traffic management network within the single European sky and maintaining a high level of safety

and contributing to the overall performance of the air transport system and a reduced environmental impact. Contracting Parties shall cooperate

to the fullest extent possible with each other, in particular Contracting Parties establishing neighbouring functional airspace blocks, in order to

ensure compliance with this provision.

9a.2

Functional airspace blocks shall, in particular:

(a) be supported by a safety case; (b) enable optimum use of airspace, taking into account air traffic flows; (c) ensure consistency with the

European route network established in accordance with Article 6 of the airspace Regulation; (d) be justified by their overall added value, including

optimal use of technical and human resources, on the basis of cost-benefit analyses; (e) ensure a smooth and flexible transfer of responsibility for

air traffic control between air traffic service units; (f) ensure compatibility between the different airspace configurations, optimising, inter alia, the

current flight information regions; (g) comply with conditions stemming from regional agreements concluded within the ICAO; (h) respect

regional agreements in existence on the date of entry into force of Regulation 550/2004; and (i) facilitate consistency with performance targets.

9a.3

B.2.9a.3

A functional airspace block shall only be established by mutual agreement between all the Contracting Parties and, where appropriate, third

countries who have responsibility for any part of the airspace included in the functional airspace block. Before the establishment of a functional

airspace block, the Contracting Party(s) concerned shall provide the other Contracting Parties and other interested parties with adequate

information and give them an opportunity to submit their observations.

9a.4

9a.5

B.2.9a.4

B.2.9a.5

Where a functional airspace block relates to airspace that is wholly or partly under the responsibility of two or more Contracting Parties, the

agreement by which the functional airspace block is established shall contain the necessary provisions concerning the way in which the block can

be modified and the way in which a Contracting Party can withdraw from the block, including transitional arrangements.

Where difficulties arise between two or more Contracting Parties with regard to a cross-border functional airspace block that concerns airspace

under their responsibility, the Contracting Parties concerned may jointly bring the matter to the Single Sky Committee for an opinion. The

opinion shall be addressed to the Contracting Parties concerned. Without prejudice to Standard B.2.9a.3, the Contracting Parties shall take that

opinion into account in order to find a solution.

10.1

10.2

B.2.10.1

B.2.10.2

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

Air navigation service providers shall formalize their working relationships by means of written agreements or equivalent legal arrangements,

setting out the specific duties and functions assumed by each provider and allowing for the exchange of operational data between all service

providers in so far as general air traffic is concerned. Those arrangements shall be notified to the national supervisory authority or authorities

concerned.

10.3

B.2.10.3

In cases involving the provision of air traffic services, the approval of the Contracting Parties concerned shall be required. In cases involving the

provision of meteorological services, the approval of the Contracting Parties concerned shall be required if they have designated a provider on an

exclusive basis in accordance with Standard B.2.9.1.

Category

(either Section A or

Section B of Part B of

Annex IV)

Standard No.

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

Article no.

Standard

B.2.10.4

B.2.12.1

Contracting Parties shall, within the context of the common transport policy, take the necessary steps to ensure that written agreements between

the competent civil and military authorities or equivalent legal arrangements are established or renewed in respect of the management of specific

airspace blocks.

12(1)

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

accounts.

12(2)

12(3)

B.2.12.2

B.2.12.3

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

When providing a bundle of services, air navigation service providers shall identify and disclose the costs and income deriving from air navigation

services, broken down in accordance with the applicable charging system and, where appropriate, shall keep consolidated accounts for other, non-

air-navigation services, as they would be required to do if the services in question were provided by separate undertakings.

12(4)

13.1

13.2

13.3

B.2.12.4

B.2.13.1

B.2.13.2

B.2.13.3

The Contracting Parties shall designate the competent authorities that shall have a right of access to the accounts of service providers that provide

services within the airspace under their responsibility.

In so far as general air traffic is concerned, relevant operational data shall be exchanged in real-time between all air navigation service providers,

airspace users and airports, to facilitate their operational needs. The data shall be used only for operational purposes.

Access to relevant operational data shall be granted to appropriate authorities, certified air navigation service providers, airspace users and airports

on a non-discriminatory basis.

Certified service providers, airspace users and airports shall establish standard conditions of access to their relevant operational data other than

those referred to in paragraph 1. National supervisory authorities shall approve such standard conditions. Detailed rules relating to such

conditions shall be established, where appropriate, in accordance with the procedure referred to in Article 5(3) of the framework Regulation.

18.1-18.2

B.2.18.1

Neither the national supervisory authorities of the Contracting Parties, acting in accordance with their national legislation, nor the Commission

shall disclose information of a confidential nature, in particular information about air navigation service providers, their business relations or their

cost components. This shall be without prejudice to the right of disclosure by national supervisory authorities of the Contracting Parties or the

Commission where this is essential for the fulfilment of their duties, in which case such disclosure shall be proportionate and shall have regard to

the legitimate interests of air navigation service providers, airspace users, airports or other relevant stakeholders in the protection of their business

secrets.

B.3: Regulation (EC) No 551/2004 of the European Parliament and of the Council of 10 March 2004 on the organisation and use of the airspace in the single European sky (the Airspace Regulation) as amended

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

Category

Standard No.

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

(either Section A or

Section B of Part B of

Annex IV)

Article no.

Standard

B.3.1.1

An objective to support the concept of a progressively more integrated operating airspace within the context of the common transport policy and

to establish common procedures for design, planning and management ensuring the efficient and safe performance of air traffic management. The

use of airspace shall support the operation of the air navigation services as a coherent and consistent whole in accordance with Regulation (EC)

No 550/2004. This shall apply to the airspace within the ICAO EUR and AFI regions where Contracting Parties are responsible for the provision

of air traffic services in accordance with the service provision Regulation 550/2004. Contracting Parties may also apply Regulation 551/2004 to

airspace under their responsibility within other ICAO regions, on condition that they inform the other Contracting Parties thereof.

3.1

3.2

B.3.3.1

B.3.3.2

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

The EUIR shall be designed to encompass the airspace falling under the responsibility of the Contracting Parties in accordance with Article 1(3) of

Regulation 551/2004 and may also include airspace of European third countries.

3.3

3.4

B.3.3.3

B.3.3.4

B.3.3a.1

B.3.4.1

B.3.6.1

The establishment of the EUIR shall be without prejudice to the responsibility of Contracting Parties for the designation of air traffic service

providers for the airspace under their responsibility in accordance with Standard B.2.8.1.

Contracting Parties shall retain their responsibilities towards the ICAO within the geographical limits of the upper flight information regions and

flight information regions entrusted to them by the ICAO.

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

apply.

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

shall apply.

6.1

The air traffic management (ATM) network functions shall allow optimum use of airspace and ensure that airspace users can operate preferred

trajectories, while allowing maximum access to airspace and air navigation services. These network functions shall be aimed at supporting

initiatives at national level and at the level of functional airspace blocks and shall be executed in a manner which respects the separation of

regulatory and operational tasks.

6.2

6.3

B.3.6.2

B.3.6.3

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

Eurocontrol as Network Manager.

The Commission may add to the list of the functions in standard B.3.6.2 after proper consultation of industry stakeholders. Those measures,

designed to amend non-essential elements of Regulation 551/2004 by supplementing it, shall be adopted in accordance with the regulatory

procedure with scrutiny referred to in Article 5(4) of the framework Regulation.

Category

(either Section A or

Section B of Part B of

Annex IV)

Standard No.

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

Article no.

6.4

Standard

B.3.6.4

Detailed rules for the implementation of the measures referred to in Article 6 of the Airspace Regulation (551/2004), except for those referred to

in paragraphs 6 to 9 of article 6 of Regulation 551/2004 listed in Annex IV of the EU-Israel Euro-Mediterranean Aviation Agreement shall apply.

Those implementing rules shall address in particular:

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

the development of principles and criteria;

(b) the central function to coordinate the early identification and resolution of frequency needs in the bands allocated to European general air

traffic to support the design and operation of European aviation network;

(d) detailed arrangements for cooperative decision-making between the Contracting Parties, the air navigation service providers and the network

management function;

(e) arrangements for consultation of the relevant stakeholders in the decision-making process both at national and European levels; and

(f) within the radio spectrum allocated to general air traffic by the International Telecommunication Union, a division of tasks and responsi

bilities between the network management function and national frequency managers, ensuring that the national frequency management

functions continue to perform those frequency assignments that have no impact on the network. For those cases which do have an impact on

the network, the national frequency managers shall cooperate with those responsible for the network management function to optimise the

use of frequencies.

6.5

6.6

B.3.6.5

B.3.6.6

Aspects of airspace design other than those referred to in paragraph 2 of article 6 of Regulation 551/2004 shall be dealt with at national level or

at the level of functional airspace blocks. This design process shall take into account traffic demands and complexity, national or functional

airspace block performance plans and shall include full consultation of relevant airspace users or relevant groups representing airspace users and

military authorities as appropriate.

Contracting Parties shall entrust Eurocontrol or another impartial and competent body with the performance of air traffic flow management,

subject to appropriate oversight arrangements.

6.7

7.1

B.3.6.7

B.3.7.1

Implementing rules on air traffic flow management listed in Annex IV of the EU-Israel Euro-Mediterranean Aviation Agreement shall apply.

Taking into account the organisation of military aspects under their responsibility, Contracting Parties shall ensure the uniform application within

the Single European Sky of the concept of the flexible use of airspace as described by the ICAO and as developed by Eurocontrol, in order to

facilitate airspace management and air traffic management in the context of the common transport policy.

7.3

B.3.7.2

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

Category

(either Section A or

Section B of Part B of

Annex IV)

Standard No.

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

Article no.

8.1

Standard

B.3.8.1

B.3.8.2

In cases where the application of Article 7 of regulation 551/2004 gives rise to significant operational difficulties, Contracting Parties may

temporarily suspend such application on condition that they inform without delay the Joint Committee.

8.2

Following the introduction of a temporary suspension, adjustments to the rules adopted under Article 7(3) of Regulation 551/2004 may be

worked out for the airspace under the responsibility of the Contracting Party(s) concerned.

B.4: Regulation (EC) No 552/2004 of the European Parliament and of the Council of 10 March 2004 on the interoperability of the European Air Traffic Management network (the interoperability Regulation) as

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

Category

Standard No.

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

(either Section A or

Section B of Part B of

Annex IV)

Article no.

Standard

1 + Annex I

B.4.1.1

Within the scope of the framework Regulation, Regulation 552/2004 concerns the interoperability of the EATMN. It shall apply to the systems,

their constituents and associated procedures identified in Annex I of Regulation 552/2004. The objective is to achieve interoperability between

the different systems, constituents and associated procedures of the EATMN, taking due account of the relevant international rules and aiming

also at ensuring the coordinated and rapid introduction of new agreed and validated concepts of operations or technology in air traffic

management.

2 + Annex II

B.4.2.1

B.4.3.1

The EATMN, its systems and their constituents and associated procedures shall meet essential requirements. The essential requirements are set out

in Annex II of Regulation 552/2004.

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

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

Implementing rules for interoperability shall in particular:

(a) determine any specific requirements that complement or refine the essential requirements, in particular in terms of safety, seamless operation

and performance; and/or (b) describe, where appropriate, any specific requirements that complement or refine the essential requirements, in

particular regarding the coordinated introduction of new, agreed and validated concepts of operation or technologies; and/or (c) determine the

constituents when dealing with systems; and/or (d) describe the specific conformity assessment procedures involving, where appropriate, notified

bodies as referred to in Article 8 of 552/2004, based on the modules defined in Decision 93/465/EEC to be used to assess either the conformity

or the suitability for use of constituents as well as the verification of systems; and/or (e) specify the conditions of implementation including,

where appropriate, the date by which all relevant stakeholders are required to comply with them.

Category

(either Section A or

Section B of Part B of

Annex IV)

Standard No.

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

Article no.

Standard

The preparation, adoption and review of implementing rules for interoperability shall take into account the estimated costs and benefits of

technical solutions by means of which they may be complied with, with a view to defining the most viable solution, having due regard to the

maintenance of an agreed high level of safety. An assessment of the costs and benefits of those solutions for all stakeholders concerned shall be

attached to each draft implementing rule for interoperability.

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

4(2)

Compliance with the essential requirements and/or the implementing rules for interoperability shall be presumed for systems, together with the

associated procedures, or constituents that meet the relevant Community specifications and whose reference numbers have been published in the

Official Journal of the European Union.

5 + Annex III

B.4.5.1

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

III of Regulation 552/2004.

The manufacturer, or its authorised representative established in the Contracting Parties, shall ensure and declare, by means of the EC declaration

of conformity or suitability for use that he has applied the provisions laid down in the essential requirements and in the relevant implementing

rules for interoperability.

Compliance with the essential requirements and the relevant implementing rules for interoperability shall be presumed in relation to those

constituents that are accompanied by the EC declaration of conformity or suitability for use.

The relevant implementing rules for interoperability shall identify, where appropriate, the tasks pertaining to the assessment of conformity or

suitability for use of constituents to be carried out by the notified bodies referred to in Article 8 of Regulation 552/2004.

6 + Annex IV

B.4.6.1

Systems shall be subject to an EC verification by the air navigation service provider in accordance with the relevant implementing rules for

interoperability, in order to ensure that they meet the essential requirements of Regulation 552/2004 and the implementing rules for inter

operability, when integrated into the EATMN. Before a system is put into service, the relevant air navigation service provider shall establish an EC

declaration of verification, confirming compliance, and shall submit it to the national supervisory authority together with a technical file. The

elements of this declaration and of the technical file are set out in Annex IV of Regulation 552/2004. The national supervisory authority may

require any additional information necessary to supervise such compliance.

The relevant implementing rules for interoperability shall identify, where appropriate, the tasks pertaining to the verification of systems to be

carried out by the notified bodies as referred to in Article 8 of Regulation 552/2004.

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

grounds other than interoperability.

B.4.6a.1

A certificate issued in accordance with Regulation (EC)No 216/2008 of the European Parliament and of the Council of 20 February 2008 on

common rules in the field of civil aviation and establishing a European Aviation Safety Agency, where it applies to constituents or systems, shall

be considered, for the purposes of Articles 5 and 6 of Regulation 552/2004, as an EC declaration of conformity or suitability for use, or as an EC

declaration of verification, if it includes a demonstration of compliance with the essential requirements of Regulation 552/2004 and the relevant

implementing rules for interoperability.

Category

(either Section A or

Section B of Part B of

Annex IV)

Standard No.

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

Article no.

7.1

Standard

B.4.7.1

B.4.8.1

Where the national supervisory authority ascertains that: (a) a constituent accompanied by an EC declaration of conformity or suitability for use,

or (b) a system accompanied by the EC declaration of verification, does not comply with the essential requirements and/or relevant implementing

rules for interoperability, it shall, with due regard to the need to ensure safety and continuity of operations, take all measures necessary to restrict

the area of application of the constituent or the system concerned or to prohibit its use by the entities under the responsibility of the authority.

8.1

8.2

Contracting Parties shall notify the Joint Committee of the bodies they have appointed to carry out tasks pertaining to the assessment of

conformity or suitability for use referred to in Article 5 of Regulation 552/2004, and/or the verification referred to in Article 6 of Regulation

552/2004, indicating each body's area of responsibility and its identification number obtained from the Commission.

B.4.8.2

B.4.8.3

B.4.8.4

Contracting Parties shall apply the criteria provided for in Annex V of Regulation 552/2004 for the assessment of the bodies to be notified.

Bodies meeting the assessment criteria provided for in the relevant European standards shall be deemed to meet the said criteria.

8.3 +

Annex V

Contracting Parties shall withdraw notification of a notified body which no longer meets the criteria provided for in Annex V of Regulation

552/2004. They shall forthwith inform the Joint Committee thereof.

8.4

Without prejudice to the requirements referred to in paragraphs 1, 2 and 3 of Article 8 of Regulation 552/2004, Contracting Parties may decide

to appoint organisations recognised in conformity with Article 3 of the service provision Regulation as notified bodies.

B.5: Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and

repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC as amended by Regulation (EC) No 1108/2009 of the European Parliament and of the Council of

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

Category

Standard No.

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

(either Section A or

Section B of Part B of

Annex IV)

Article no.

Standard

B.5.3.1

The Definitions in Articles 3(da), 3(e), 3(f), 3(g), 3(q), 3(r), 3(s) of regulation 216/2008 as amended by Regulation 1108/2009 shall apply to the

standards and requirements relating to air traffic management specified in this Annex. All references to Member States shall be understood to

refer to Contracting Parties.

8b(1)

B.5.8b.1

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

1108/2009.

Category

(either Section A or

Section B of Part B of

Annex IV)

Standard No.

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

Article no.

8b(2)

Standard

B.5.8b.2

ATM/ANS providers shall be required to hold a certificate in accordance with Regulation 1035/2011 and applicable national law. The certificate

shall be issued when the provider has demonstrated its capability and means of discharging the responsibilities associated with the provider's

privileges. The privileges granted and the scope of the services provided shall be specified in the certificate.

8b(3)

8b(4)

B.5.8b.3

B.5.8b.4

By way of derogation from Standard B.5.8b.2, Contracting Parties may decide that providers of flight information services shall be allowed to

declare their capability and means of discharging the responsibilities associated with the services provided.

The measures referred to in Standard B.5.8b.6 may lay down a requirement for certification in respect of organisations engaged in the design,

manufacture and maintenance of safety-critical ATM/ANS systems and constituents. The certificate for those organisations shall be issued when

they have demonstrated their capability and means of discharging the responsibilities associated with their privileges. The privileges granted shall

be specified in the certificate.

8b(5)

B.5.8b.5

The measures referred to in Standard B.5.8b.6 may lay down a requirement for certification, or alternatively, validation by the ATM/ANS provider,

in respect of safety-critical ATM/ANS systems and constituents. The certificate for those systems and constituents shall be issued, or validation

shall be given, when the applicant has shown that the systems and constituents comply with the detailed specifications established to ensure

compliance with the essential requirements referred to in Standard B.5.8b.1.

8b(6)

8c(1)

B.5.8b.6

B.5.8c.1

Implementing rules on ATM/ANS referred to in Article 8b(6) of Regulation 216/2008 as amended by Regulation 1108/2009 and listed in Annex

IV of the EU-Israel Euro-Mediterranean Aviation Agreement shall apply.

Air traffic controllers as well as persons and organisations involved in the training, testing, checking or medical assessment of air traffic

controllers, shall comply with the relevant essential requirements set out in Annex Vb of Regulation 216/2008 as amended by Regulation

1108/2009.

8c(2)

8c(3)

B.5.8c.2

B.5.8c.3

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

The licence referred to in Standard B.5.8c.2 shall only be issued when the applicant for the licence demonstrates that he or she complies with the

rules established to ensure compliance with the essential requirements regarding theoretical knowledge, practical skill, language proficiency and

experience as set out in Annex Vb of Regulation 216/2008 as amended by Regulation 1108/2009.

8c(4)

B.5.8c.4

The medical certificate referred to in Standard B.5.8c.2 shall only be issued when the air traffic controller complies with the rules established to

ensure compliance with the essential requirements on medical fitness as set out in Annex Vb of Regulation 216/2008 as amended by Regulation

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

8c(5)

8c(6)

B.5.8c.5

B.5.8c.6

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

certificate.

The capability of air traffic controller training organisations, aero medical examiners and aero medical centres to discharge the responsibilities

associated with their privileges in relation to the issuance of licences and medical certificates shall be recognised by the issuance of a certificate.

Category

(either Section A or

Section B of Part B of

Annex IV)

Standard No.

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

Article no.

8c(7)

Standard

B.5.8c.7

B.5.8c.8

A certificate shall be issued to training organisations, aero medical examiners and aero medical centres for air traffic controllers that have

demonstrated that they comply with the rules established to ensure compliance with the relevant essential requirements as set out in Annex Vb of

Regulation 216/2008 as amended by Regulation 1108/2009. The privileges granted by the certificate shall be specified therein.

8c(8)

Persons responsible for providing practical training or for assessing air traffic controllers’ skill shall hold a certificate. The certificate shall be issued

when the person concerned has demonstrated that he or she complies with the rules established to ensure compliance with the relevant essential

requirements as set out in Annex Vb of Regulation 216/2008 as amended by Regulation 1108/2009. The privileges granted by the certificate

shall be specified therein.

8c(9)

8c(10)

B.5.8c.9

B.5.8c.10

B.5.Vb.1

A/B (¹)

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

Regulation 1108/2009.

Implementing rules referred to in Article 10 of of Regulation 216/2008 as amended by Regulation 1108/2009 and listed in Annex IV of the EU-

Israel Euro-Mediterranean Aviation Agreement shall apply.

Annex Vb (1)

(a) All aircraft, excluding those engaged in the activities referred to in Article 1(2)(a) of Regulation 216/2008, in all phases of flight or on the

movement area of an aerodrome, shall be operated in accordance with applicable general operating rules and any applicable procedure

specified for use of that airspace.

(b) All aircraft, excluding those engaged in the activities referred to in Article 1(2)(a) of Regulation 216/2008, shall be equipped with the required

constituents and operated accordingly. Constituents used in the ATM/ANS system shall also comply with the requirements in point 3 of

Annex Vb of Regulation 216/2008 as amended by Regulation 1108/2009.

Annex Vb (2)

Annex Vb (3)

Annex Vb (4)

Annex Vb (5)

B.5.Vb.2

B.5.Vb.3

B.5. Vb.4

B.5.Vb.5

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

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

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

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

A/B (¹)

(¹) Provisions which are derived from ICAO SARP's shall be classified as Category A. All other provisions shall be classified as Category B.

PART C: Environment

C.1: Directive 2002/30/EC on the establishment of rules and procedures with regard to the introduction of noise-related operating restrictions at Community airports

Standard No.

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

Article No.

Standard

C.1.3.1

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

airports.

C.1.4.1

C.1.4.2

C.1.4.3

C.1.4.4

C.1.5.1

C.1.7.1

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

noise management measure.

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

airport-specific characteristics.

Measures or a combination of measures taken shall not be more restrictive than necessary in order to achieve the environmental objective established for a specific

airport. They shall be non-discriminatory on grounds of nationality or identity of air carrier or aircraft manufacturer.

Performance-based operating restrictions shall be based on the noise performance of the aircraft as determined by the certification procedure conducted in accordance

with Volume 1 of Annex 16 to the Convention on International Civil Aviation.

5 + Annex II

(1-3)

When a decision on operating restrictions is being considered, the information as specified in Annex II paragraphs 1-3 of directive 2002/30/EC shall, as far as

appropriate and possible, for the operating restrictions concerned and for the characteristics of the airport, be taken into account.

Rules of assessment of operating restrictions shall not apply to:

(a) operating restrictions that were already established on the date of implementation of this standard as validated by a decision of the Joint Committee as specified in

Annex II paragraph 5 of the EU-Israel Euro-Mediterranean Aviation agreement;

(b) minor technical changes to operating restrictions of a partial nature that do not have any significant cost implications for the airline operators at any given airport

and that have been introduced after implementation of this standard as mentioned above.

C.1.9.1

In individual cases, Contracting Parties may authorize, at airports situated in their territory, individual operations of aircraft which could not take place on the basis of the

other provisions of Directive 2002/30/EC in cases that:

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

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

C.1.10.1

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

applicable national law.

Standard No.

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

Article No.

Standard

C.1.11.1

C.1.12.1

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

Contracting Parties shall ensure the right to appeal against the decisions regarding operating restrictions before an appeal body other than the authority that has adopted

the contested decision, in accordance with national legislation and procedures.

Annex II (1-3)

Information referred to in Standard C.1.5.1.

C.2: Directive 2006/93/EC Regulation of the operation of aeroplanes covered by Part II, Chapter 3, Volume 1 of Annex 16 to the Convention on International Civil Aviation, second edition (1988)

Article No.

Standard No.

C.2.1.1

Standard

Applicability:

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

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

C.2.2.2

C.2.3.1

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

Exemptions from the requirement to operate Civil subsonic jet aeroplanes according to the standards specified in Part II, Chapter 3, Volume 1 of Annex 16 to the

Convention can be given in cases of: (a) aeroplanes with historical interest; (b) temporary use of aeroplanes whose operations are of such an exceptional nature that it

would be unreasonable to withhold a temporary exemption; and (c) temporary use of aeroplanes on non-revenue flights for the purposes of alterations, repair or

maintenance.

C.2.3.2

C.2.5.1

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

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

The Contracting Parties shall lay appropriate enforcement measures applicable to infringements of the national provisions adopted pursuant to Directive 2006/93/EC and

shall take all measures necessary to ensure that those measures are implemented. The measures provided for must be effective, proportionate and dissuasive.

PART D: Air Carrier Liability

D.1: Council Regulation (EC) No 2027/97 on air carrier liability in the event of accidents as amended by Regulation (EC) No 889/2002

Article No

Standard No.

D.1.2.1

Standard

2(1)(a),

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

2(1)(c)-(g)

Article No

Standard No.

D.1.3.1

Standard

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

D.1.5.1

D.1.6.1

The Contracting Parties shall ensure that air carriers make advance payments to natural persons entitled to compensation as may be required to meet immediate

economic needs on a basis proportional to the hardship suffered

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

passengers and their baggage.

PART E: Consumer Rights

E.1: Directive 90/314/EEC on package travel, package holidays and package tours

Standard No.

Article No.

Standard

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

E.1.1.1

E.1.2.1

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

Contracting Parties.

The Definitions in Article 2 of Directive 90/314/EEC shall apply to the standards and requirements relating to package travel, package holidays and package tours

specified in this Annex as applicable and as appropriate. For the purpose of this annex, the following definition of 'package' shall apply:

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

(a) transport;

(b) accommodation;

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

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

E.1.3.1

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

accurate manner both the price and adequate information concerning:

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

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

(d) the itinerary;

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

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

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

Standard No.

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

Article No.

Standard

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

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

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

4(1), 4(2)

E.1.4.1

The organizer and/or the retailer shall provide the consumer, in writing or any other appropriate form, before the contract is concluded, with general information on

passport and visa requirements applicable and in particular on the periods for obtaining them, as well as with information on the health formalities required for the

journey and the stay;

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

the journey:

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

compartment on train);

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

difficulty could call.

Where no such representatives or agencies exist, the consumer must in any case be provided with an emergency telephone number or any other information that

will enable him to contract the organizer and/or the retailer;

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

of stay;

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

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

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

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

concerned and the meal plan;

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

(e) the itinerary;

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

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

(h) the price of the package, an indication of the possibility of price revisions referred to in Standard E.1.4.2 and an indication of any dues, taxes or fees chargeable for

certain services (landing, embarkation or disembarkation fees at ports and airports, tourist taxes) where such costs are not included in the package;

(i) the payment schedule and method of payment;

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

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

All the terms of the contract shall be set out in writing or such other form as is comprehensible and accessible to the consumer and must be communicated to him

before the conclusion of the contract; the consumer shall also be given a copy of these terms.

Standard No.

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

Article No.

4(4)

Standard

E.1.4.2

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

be calculated and solely to allow for variations in:

—

transportation costs, including the cost of fuel,

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

the exchange rates applied to the particular package,

hotel accommodation costs.

During a fixed period of time, to be determined in the relevant legislation of the Contracting Party, prior to the departure date stipulated, the price stated in the contract

shall not be increased provided that the consumer has paid the full price of the package.

4(5)

4(6)

E.1.4.3

E.1.4.4

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

—

either to withdraw from the contract without penalty,

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

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

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

offered is of lower quality, the organizer shall refund the difference in price to the consumer;

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

In such a case, he shall be entitled, if appropriate, to be compensated by either the organizer or the retailer, whichever the relevant Contracting Party's law requires, for

non-performance of the contract, except where:

(i) cancellation is on the grounds that the number of persons enrolled for the package is less than the minimum number required and the consumer is informed of the

cancellation, in writing, within the period indicated in the package description; or

(ii) cancellation, excluding overbooking, is for reasons of force majeure, i.e. unusual and unforeseeable circumstances beyond the control of the party by whom it is

pleaded, the consequences of which could not have been avoided even if all due care had been exercised.

4(7)

E.1.4.5

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

proportion of the services to be provided the consumer shall be entitled to:

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

the services offered and those supplied.

If it is impossible to make such arrangements or these are not accepted by the consumer for good reasons, the organizer shall, where appropriate, provide the consumer,

at no extra cost, with equivalent transport back to the place of departure, or to another return-point to which the consumer has agreed and shall, where appropriate,

compensate the consumer.

Standard No.

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

Article No.

5(1)

Standard

E.1.5.1

E.1.5.2

The Contracting Parties shall take the necessary steps to ensure that the organizer and/or retailer party to the contract is liable to the consumer for the proper

performance of the obligations arising from the contract, irrespective of whether such obligations are to be performed by that organizer and/or retailer or by other

suppliers of services, without prejudice to the right of the organizer and/or retailer to pursue those other suppliers of services.

5(2)-5(4)

The consumer will have a right to compensation in case of failure to perform or the improper performance of the contract unless certain terms which are detailed in

Directive 90/314/EEC are fulfilled.

The organizer and/or retailer party to the contract shall be required to give prompt assistance to a consumer in difficulty even if the organiser or retailer is not

responsible for damages due to the fact that the failures are attributable to a third party unconnected with the provision of the services contracted for, and are

unforeseeable or unavoidable, or due to the fact that such failures are due to a case of force majeure such as that defined in Standard E.1.4.4, or to an event which the

organizer and/or retailer or the supplier of services, even with all due care, could not foresee or forestall.

E.1.6.1

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

E.3: Regulation (EC) No 261/2004 Establishing common rules on compensation and assistance to passenger in the event of denied boarding and of cancellation or long delay of flight

Standard No.

Article No.

Standard

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

E.3.1.1

Establishment of minimum rights for passengers when:

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

E.3.2.1

E.3.3.1

The Definitions in Article 2 of Regulation (EC) No 261/2004 shall apply to the standards and requirements relating to the establishment of common rules on

compensation and assistance to passenger in the event of denied boarding and of cancellation or long delay of flight specified in this Annex as applicable and

appropriate.

3(2)-(3)

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

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

themselves for check-in,

—

as stipulated and at the time indicated in advance by the air carrier, the tour operator or an authorised travel agent and it was proved that the passenger has

received a notification, or, if no time is indicated,

—

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

(b) have been transferred by an air carrier or tour operator from the flight for which they held a reservation to another flight, irrespective of the reason.

Standard No.

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

Article No.

Standard

The regulatory requirements and standards shall not apply to passengers travelling free of charge or at a reduced fare not available directly or indirectly to the public.

However, it shall apply to passengers having tickets issued under a frequent flyer programme or other commercial programme by an air carrier or tour operator.

4(1)

E.3.4.1

When an operating air carrier reasonably expects to deny boarding on a flight, it shall first call for volunteers to surrender their reservations in exchange for benefits

under conditions to be agreed between the passenger concerned and the operating air carrier. Volunteers shall be assisted in accordance with Article 8 of Regulation

261/2004. Such assistance being additional to the benefits mentioned in this standard.

4(2)

4(3)

E.3.4.2

E.3.4.3

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

boarding to passengers against their will.

If boarding is denied to passengers against their will, the operating air carrier shall compensate them and assist them (passengers shall be offered the choice between

reimbursement of the cost of the ticket together with, when relevant, a return flight; or re-routing under comparable transport conditions to the final destination at the

earliest opportunity; or re-routing under comparable transport conditions to the final destination at a later date at the passenger's convenience subject to availability of

seats; meals and refreshments; two telephone calls, fax/e-mail; hotel accommodation, when necessary, and transport between the airport and place of accommodation) in

accordance with the relevant legislation of the Contracting Party.

5(1)

E.3.5.1

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

ticket together with, when relevant, a return flight; or re-routing under comparable transport conditions to the final destination at the earliest opportunity; or re-routing

under comparable transport conditions to the final destination at a later date at the passenger's convenience subject to availability of seats; and (ii) in the event of re-

routing, meals and refreshments and two telephone calls, fax/e-mail as well as hotel accommodation, when necessary, and transport between the airport and place of

accommodation) and (b) have the right to compensation by the operating air carrier, unless they are informed of the cancellation well in advance of the scheduled time

of departure (a fixed time period to be determined in the relevant legislation of the Contracting Party) or they are informed at a later stage and are offered re-routing

allowing them to depart and reach their final destination within a fixed periods of time (close to the scheduled time of departure and arrival) to be determined in the

relevant legislation of the Contracting Party.

5(2)

5(3)

E.3.5.2

E.3.5.3

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

An operating air carrier shall not be obliged to pay compensation, if it can prove that the cancellation is caused by extraordinary circumstances which could not have

been avoided even if all reasonable measures had been taken.

5(4)

E.3.5.4

E.3.6.1

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

carrier.

When an operating air carrier reasonably expects a flight to be delayed beyond its scheduled time of departure by two hours or more, passengers shall be offered

assistance by the operating air carrier (meals and refreshments and two telephone calls, fax/e-mail); when the delay is at least five hours, the passenger has a choice of

waiting for original flight or reimbursement of the cost of the ticket together with, when relevant, a return flight, and additional assistance of hotel accommodation, when

an overnight stay of one or more nights is required, and transport between the airport and place of accommodation.

Standard No.

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

Article No.

Standard

E.3.7.1

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

(a) 1,250 NIS or EUR 250 for all flights of 2 000 kilometres or less;

(b) 2,000 NIS or EUR 400 for flights between 2 000 and 4 500 kilometres;

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

time.

When passengers are offered re-routing to their final destination on an alternative flight, the arrival time of which does not exceed the scheduled arrival time of the flight

originally booked by certain short fixed period of time to be determined in the relevant legislation of the Contracting Party, the operating air carrier may reduce the

compensation by 50 %.

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

8(3)

E.3.8.1

When, in the case where a town, city or region is served by several airports, an operating air carrier offers a passenger a flight to an airport alternative to that for which

the booking was made, the operating air carrier shall bear the cost of transferring the passenger from that alternative airport either to that for which the booking was

made, or to another close-by destination agreed with the passenger.

10(1)

10(2)

E.3.10.1

E.3.10.2

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

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

legislation of the Contracting Party.

11(1)

E.3.11.1

E.3.11.2

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

unaccompanied children.

11(2), 9(3)

In cases of denied boarding, cancellation and delays, persons with reduced mobility and any persons accompanying them, as well as unaccompanied children, shall have

the right to care as soon as possible. When providing care, the operating air carrier shall pay particular attention to the needs of persons with reduced mobility and any

persons accompanying them, as well as to the needs of unaccompanied children

E.3.12.1

E.3.13.1

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

Regulation 261/2004 may be deducted from such compensation.

Without prejudice to relevant principles and rules of national law, the above shall not apply to passengers who have voluntarily surrendered a reservation under

Article 4(1) of Regulation 261/2004.

In cases where an operating air carrier pays compensation or meets the other obligations incumbent on it under Regulation 261/2004, no provision of the Regulation

may be interpreted as restricting its right to seek compensation from any person, including third parties, in accordance with the law applicable. In particular, Regulation

261/2004 shall in no way restrict the operating air carrier's right to seek reimbursement from a tour operator or another person with whom the operating air carrier has

a contract. Similarly, no provision of the Regulation may be interpreted as restricting the right of a tour operator or a third party, other than a passenger, with whom an

operating air carrier has a contract, to seek reimbursement or compensation from the operating air carrier in accordance with applicable relevant laws.

Standard No.

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

Article No.

14(1)

Standard

E.3.14.1

The operating air carrier shall ensure that at check-in a clearly legible notice containing the following text (or similar content) is displayed in a manner clearly visible to

passengers: 'If you are denied boarding or if your flight is cancelled or delayed, ask at the check-in counter or boarding gate for the text stating your rights, particularly

with regard to compensation and assistance'.

14(2)

E.3.14.2

E.3.15.1

An operating air carrier denying boarding or cancelling a flight shall provide each passenger affected with a written notice setting out the rules for compensation and

assistance in line with Regulation 261/2004. It shall also provide each passenger affected by a significant delay with an equivalent notice.

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

If, nevertheless, such a derogation or restrictive clause is applied in respect of a passenger, or if the passenger is not correctly informed of his rights and for that reason

has accepted compensation which is inferior to that provided for in Regulation 261/2004, the passenger shall still be entitled to take the necessary proceedings before the

competent courts in order to obtain additional compensation.

E.3.16.1

The Contracting Parties shall ensure the enforcement of these regulatory requirements and standards stemming from Regulation 261/2004. The enforcement measures,

which may include enforcement measures based on court rulings in the field of civil law, shall be effective, proportionate and dissuasive.

E.4: Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air

Standard No.

Article No.

Standard

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

1(1)

E.4.1.1

Establishment of rules for the protection of and provision of assistance to disabled persons and persons with reduced mobility travelling by air, both to protect them

against discrimination and to ensure that they receive assistance.

E.4.2.1

E.4.3.1

E.4.4.1

The Definitions in Article 2 of Regulation (EC) No 1107/2006 shall apply to the standards and requirements concerning the rights of disabled persons and persons with

reduced mobility when travelling by air specified in this Annex as applicable and appropriate.

An air carrier or its agent or a tour operator shall not refuse, on the ground of disability, to accept a reservation for a flight or to embark a disabled person or a person

with reduced mobility, provided that the person concerned has a valid ticket and reservation.

4(1)

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

reduced mobility:

(a) in order to meet applicable safety requirements established by international or national law or in order to meet safety requirements established by the authority that

issued the air operator's certificate to the air carrier concerned;

(b) if the size of the aircraft or its doors makes the embarkation or carriage of that disabled person or person with reduced mobility physically impossible.

In the event of refusal to accept a reservation on the grounds referred to under points (a) or (b), the air carrier, its agent or the tour operator shall make reasonable efforts

to propose an acceptable alternative to the person in question.

Standard No.

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

Article No.

Standard

A disabled person or a person with reduced mobility who has been denied embarkation on the grounds of his or her disability or reduced mobility and any person

accompanying this person shall be offered the right to reimbursement or re-routing as provided for in Article 8 of Regulation 261/2004. The right to the option of a

return flight or re-routing shall be conditional upon all safety requirements being met.

4(2)

4(3)

E.4.4.2

E.4.4.3

In order to meet applicable safety requirements established by international or national law or in order to meet safety requirements established by the authority that

issued the air operator's certificate to the air carrier concerned - an air carrier or its agent or a tour operator may require that a disabled person or person with reduced

mobility be accompanied by another person who is capable of providing the assistance required by that person.

Obligation on carriers or their agents to provide passengers with disability information regarding safety rules that they apply to the carriage of disabled persons and

persons with reduced mobility, as well as any restrictions on their carriage or on that of mobility equipment due to the size of aircraft.

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

or offers for sale.

4(4)

E.4.4.4

E.4.5.1

When an air carrier or its agent or a tour operator exercises derogation under standards E.4.4.1 or E.4.4.2, it shall immediately inform the disabled person or person with

reduced mobility of the reasons therefore. On request, an air carrier, its agent or a tour operator shall communicate these reasons in writing to the disabled person or

person with reduced mobility within a fixed period of time from the request, as short as possible, to be determined in the relevant legislation of the Contracting Party,

taking into account the interests of persons with reduced mobility.

5(1)-5(2)

The managing body of an airport shall, taking account of local conditions, designate points of arrival and departure within the airport boundary or at a point under the

direct control of the managing body, both inside and outside terminal buildings, at which disabled persons or persons with reduced mobility can, with ease, announce

their arrival at the airport and request assistance. The points of arrival and departure shall be clearly signed and shall offer basic information about the airport, in

accessible formats.

6(1)

E.4.6.1

E.4.6.2

Air carriers, their agents and tour operators shall take all measures necessary for the receipt, at all their points of sale in the territory of the Contracting Parties to which

the Treaty applies, including sale by telephone and via the Internet, of notifications of the need for assistance made by disabled persons or persons with reduced mobility.

6(2)-6(3)

When an air carrier or its agent or a tour operator receives a prior notification of the need for assistance, it shall transmit the information concerned before the published

departure time for the flight: (a) to the managing bodies of the airports of departure, arrival and transit, and (b) to the operating air carrier, if a reservation was not made

with that carrier, unless the identity of the operating air carrier is not known at the time of notification, in which case the information shall be transmitted as soon as

practicable. The exact definitions and specifications of "prior notification" shall be determined in the Contracting Parties relevant rules and procedures.

6(4) +

Annex I

As soon as possible after the departure of the flight, an operating air carrier shall inform the managing body of the airport of destination, if situated in the territory of a

Contracting Party, of the number of disabled persons and persons with reduced mobility on that flight requiring assistance specified in Annex I of Regulation 1107/2006

and of the nature of that assistance.

Standard No.

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

Article No.

7(1)

Standard

E.4.7.1

When a disabled person or person with reduced mobility arrives at an airport for travel by air, the managing body of the airport shall be responsible for ensuring the

provision of the assistance specified in Annex I of Regulation 1107/2006 in such a way that the person is able to take the flight for which he or she holds a reservation,

provided that the notification of the person's particular needs for such assistance has been made to the air carrier or its agent or the tour operator concerned with prior

notice. This notification shall also cover a return flight, if the outward flight and the return flight have been contracted with the same air carrier. The exact definitions and

specifications of "prior notice", shall be determined in the Contracting Parties relevant rules and procedures.

7(2)

7(3)

7(4)

E.4.7.2

E.4.7.3

E.4.7.4

Where use of a recognised assistance dog is required, this shall be accommodated provided that notification is made to the air carrier or its agent or the tour operator in

accordance with applicable national rules covering the carriage of assistance dogs on board aircraft, where such rules exist.

If no notification is made in accordance with relevant national rules, the managing body shall make all reasonable efforts to provide assistance in such a way that the

person concerned is able to take the flight for which he or she holds a reservation.

The provisions of Standard E.4.7.1 shall apply on condition that: (a) the person presents himself or herself in time for check-in (b) the person arrives in time at a point

within the airport boundary designated according to standard E.4.5.1. The exact definitions and specifications of "in time", shall be determined in the Contracting Parties

relevant rules and procedures.

7(5)

7(6)-7(7)

E.4.7.5

E.4.7.6

E.4.8.1

When a disabled person or person with reduced mobility transits through an airport of a Contracting Party, or is transferred by an air carrier or a tour operator from the

flight for which he or she holds a reservation to another flight, the managing body shall be responsible for ensuring the provision of the assistance specified in Annex I

of Regulation 1107/2006 in such a way that the person is able to take the flight for which he or she holds a reservation.

On the arrival by air of a disabled person or person with reduced mobility at an airport of a Contracting Party, the managing body of the airport shall be responsible for

ensuring the provision of the assistance specified in Annex I of Regulation 1107/2006 in such a way that the person is able to reach his or her point of departure from

the airport as referred to in standard E.4.5.1. The assistance provided shall, as far as possible, be appropriate to the particular needs of the individual passenger.

The managing body of an airport shall be responsible for ensuring the provision of the assistance specified in Annex I of Regulation 1107/2006 without additional

charge to disabled persons and persons with reduced mobility.

The managing body may provide such assistance itself. Alternatively, in keeping with its responsibility, and subject always to compliance with the quality standards

referred to in Standard E.4.9.1, the managing body may contract with one or more other parties for the supply of the assistance. In cooperation with airport users,

through the Airport Users Committee where one exists, the managing body may enter into such a contract or contracts on its own initiative or on request, including

from an air carrier, and taking into account the existing services at the airport concerned. In the event that it refuses such a request, the managing body shall provide

written justification.

E.4.9.1

With the exception of airports whose annual traffic is less than 150 000 commercial passenger movements, the managing body shall set quality standards for the

assistance specified in Annex I of Regulation 1107/2006 and determine resource requirements for meeting them, in cooperation with airport users, through the Airport

Users Committee where one exists, and organisations representing disabled passengers and passengers with reduced mobility.

Standard No.

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

Article No.

Standard

In the setting of such standards, full account shall be taken of internationally recognised policies and codes of conduct concerning facilitation of the transport of disabled

persons or persons with reduced mobility, notably the ECAC Code of Good Conduct in Ground Handling for Persons with Reduced Mobility.

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

An air carrier and the managing body of an airport may agree that, for the passengers whom that air carrier transports to and from the airport, the managing body shall

provide assistance of a higher standard than the standards referred to above or provide services additional to those specified in Annex I of Regulation 1107/2006.

10 + Annex II

E.4.10.1

E.4.11.1

An air carrier shall provide the assistance specified in Annex II of Regulation 1107/2006 without additional charge to a disabled person or person with reduced mobility

departing from, arriving at or transiting through an airport to which Regulation 1107/2006 applies provided that the person in question fulfils the conditions set out in

standard E.4.7.1, E.4.7.2 and E.4.7.4.

Air carriers and airport managing bodies shall: (a) ensure that all their personnel, including those employed by any sub-contractor, providing direct assistance to disabled

persons and persons with reduced mobility have knowledge of how to meet the needs of persons having various disabilities or mobility impairments; (b) provide

disability-equality and disability-awareness training to all their personnel working at the airport who deal directly with the travelling public; (c) ensure that, upon

recruitment, all new employees attend disability related training and that personnel receive refresher training courses when appropriate.

E.4.12.1

Where wheelchairs or other mobility equipment or assistive devices are lost or damaged whilst being handled at the airport or transported on board aircraft, the

passenger to whom the equipment belongs shall be compensated, in accordance with rules of international and national law.

E.4.13.1

E.4.14.1

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

Each Contracting Party shall designate a body or bodies responsible for the enforcement of Regulation 1107/2006 as regards flights departing from or arriving at airports

situated in its territory. Where appropriate, this body or bodies shall take the measures necessary to ensure that the rights of disabled persons and persons with reduced

mobility are respected, including compliance with the quality standards referred to in Standard E.4.9.1. The Contracting Parties shall inform each other of the body or

bodies designated.

E.4.15.1

A disabled person or person with reduced mobility who considers that Regulation 1107/2006 has been infringed may bring the matter to the attention of the managing

body of the airport or to the attention of the air carrier concerned, as the case may be. If the disabled person or person with reduced mobility cannot obtain satisfaction

in such way, complaints may be made to any body or bodies designated under standard E.4.14.1, about an alleged infringement of this Regulation.

The Contracting Parties shall take measures to inform disabled persons and persons with reduced mobility of their rights under Regulation 1107/2006 and of the

possibility of complaint to the designated body or bodies.

Standard No.

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

Article No.

Standard

E.4.16.1

The Contracting Parties shall lay down rules on penalties applicable to infringements of Regulation 1107/2006 and shall take all the measures necessary to ensure that

those rules are implemented. The penalties provided for must be effective, proportionate and dissuasive. A Contracting Party shall, upon request from the other

Contracting Party, notify the provisions concerning the penalties to that other Contracting Party.

PART F:

F.1: Council Directive 2000/79/EEC of 27 November 2000 concerning the European agreement on the organisation of working time of mobile workers in civil aviation concluded by the Association of

European Airlines (AEA), the European Transport Workers' Federation (ETF), the European Cockpit Association (ECA), the European Regions Airline Association (ERA) and the International Air Carrier

Association (IACA)

Clause No.

(of the Annex)

Standard No.

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

Standard

F.1.1.1

F.1.2.1

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

The Definitions in Clause 2 of Council Directive 2000/79/EEC shall apply to the standards and requirements relating to the working time of mobile workers in civil

aviation specified in this Annex as applicable and appropriate.

3(1)

F.1.3.1

Flight crew members in civil aviation are entitled to paid annual leave of at least four weeks, in accordance with the conditions for entitlement to, and granting of, such

leave laid down by national legislation and/or practice.

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

4(1a)

4(1b)

F.1.4.1

F.1.4.2

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

Mobile staff in civil aviation suffering from health problems recognized as being connected with the fact that they also work at night will be transferred whenever

possible to mobile or non-mobile day work to which they are suited.

4(2)

4(3)

5(1)

5(2)

F.1.4.3

F.1.4.4

F.1.5.1

F.1.5.2

F.1.6.1

The free health assessment shall comply with medical confidentiality.

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

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

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

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

adapting work to the worker.

Clause No.

(of the Annex)

Standard No.

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

Standard

F.1.7.1

F.1.8.1

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

8(1)

Working time should be looked at without prejudice to any future legislation in the Contracting Parties on flight and duty time limitations and rest requirements and in

conjunction with national legislation on this subject which should be taken into consideration in all related matters.

8(2)

F.1.8.2

The maximum block flying time shall be limited to 900 hours. To this purpose - 'Block flying time' means the time a mobile staff member is in position at the cockpit

(for flight crew members) or at the cabin (for cabin crew members), from the moment an aircraft first started moving from its parking place for the purpose of taking off

until the moment it comes to rest on the designated parking position and until all engines are stopped. A deviation of 15 % for flight crew members and 20 % for cabin

crew members in the quantitative figure mentioned in this Standard shall be considered as an equivalent standard.

8(3)

F.1.8.3

F.1.9.1

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

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

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

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

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