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EURO-MEDITERRANEAN AVIATION AGREEMENT

between the European Union and its Member States, of the one part, and the Hashemite Kingdom

of Jordan, of the other part

THE KINGDOM OF BELGIUM,

THE REPUBLIC OF BULGARIA,

THE CZECH REPUBLIC,

THE KINGDOM OF DENMARK,

THE FEDERAL REPUBLIC OF GERMANY,

THE REPUBLIC OF ESTONIA,

IRELAND,

THE HELLENIC REPUBLIC,

THE KINGDOM OF SPAIN,

THE FRENCH REPUBLIC,

THE ITALIAN REPUBLIC,

THE REPUBLIC OF CYPRUS,

THE REPUBLIC OF LATVIA,

THE REPUBLIC OF LITHUANIA,

THE GRAND DUCHY OF LUXEMBOURG,

THE REPUBLIC OF HUNGARY,

MALTA,

THE KINGDOM OF THE NETHERLANDS,

THE REPUBLIC OF AUSTRIA,

THE REPUBLIC OF POLAND,

THE PORTUGUESE REPUBLIC,

ROMANIA,

THE REPUBLIC OF SLOVENIA,

THE SLOVAK REPUBLIC,

THE REPUBLIC OF FINLAND,

THE KINGDOM OF SWEDEN,

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

Contracting Parties to the Treaty on the European Union and the Treaty on the Functioning of the European Union,

hereinafter referred to as the ‘Member States’, and

THE EUROPEAN UNION,

of the one part, and

THE HASHEMITE KINGDOM OF JORDAN, hereinafter referred to as ‘Jordan’,

of the other part,

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

with minimum government interference and regulation;

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

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

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

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

open markets;

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

relating to air transport;

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

environment;

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

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

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

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

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

partnership envisaged in the declaration of Barcelona of 28 November 1995;

NOTING their common will to promote a Euro Mediterranean aviation area based on the principles of regulatory

convergence, regulatory cooperation and liberalisation of the market access;

NOTING the Joint declaration of the Arab Civil Aviation Commission and the Arab Air Carriers Organization, of the one

part and the Directorate General of Energy and Transport, of the other part signed on 16 November 2008 in Sharm El

Sheikh;

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

provide the agreed services;

RECOGNISING the importance of regulating slot allocation on the basis of fair and equal opportunity for their air carriers

to guarantee neutral and non-discriminatory treatment for all air carriers;

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

Agreement;

AFFIRMING the importance of limiting greenhouse gas emission from aviation and protecting the environment in

developing and implementing international aviation policy;

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

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

Parties are parties to this Convention;

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

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

NOTING that the purpose of this agreement is to be applied in a progressive but integral way, and that a suitable

mechanism can ensure ever closer harmonisation of legislation,

HAVE AGREED AS FOLLOWS:

Article 1

for the avoidance of doubt, shall include scheduled and

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

services;

Definitions

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

term:

(4) ‘Association Agreement’ means the Euro-Mediterranean

Agreement establishing an association between the

European Communities and their Member States, of the

one part, and the Hashemite Kingdom of Jordan, of the

other part, done at Brussels on 24 November 1997;

(1) ‘Agreed services’ and ‘Specified routes’ mean international

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

Annex I to, this Agreement;

(5) ‘Citizenship’ means whether an air carrier satisfies

requirements regarding such issues as its ownership,

effective control, and principal place of business;

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

amendments thereto;

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

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

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

(6) ‘Competent Authorities’ means the government agencies or

entities responsible for the administrative functions under

this Agreement;

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(7) ‘Contracting Parties’ shall mean, on the one hand, the

European Union or its Member States, or the European

Union and its Member States, in accordance with their

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

Member State for the European Party, insofar as, in the

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

control, be it directly or by majority participation, of

persons or entities having Jordan nationality for the

Jordan Party, or persons or entities having the nationality

of a Member State or one of the third countries identified

in Annex IV for the European Party;

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

Aviation, opened for signature at Chicago on 7 December

1944, and includes:

(15) ‘Operating Licences’ means, in the case of the European

Union and its Member States operating licences and any

other relevant documents or certificates given under Regu

lation (EC) No 1008/2008 of the European Parliament and

of the Council of 24 September 2008 on common rules

for the operation of air services in the Community (¹) and

any successor instrument and, in the case of Jordan

licences/certificates/permits or exemptions given under

JCAR Part 119;

(a) any amendment that has entered into force under

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

by both Jordan and the Member State or Member

States of the European Union; and

(b) any Annex or any amendment thereto adopted under

Article 90 of the Convention, insofar as such Annex or

amendment is at any given time effective for both

Jordan and the Member State or Member States of

the European Union as is relevant to the issue in

question;

(16) ‘Price’ means:

— ‘air fares’ to be paid to air carriers or their agents or

other ticket sellers for the carriage of passengers and

baggage on air services and any conditions under

which those prices apply, including remuneration and

conditions offered to agency and other auxiliary

services, and

(9) ‘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;

— ‘air rates’ to be paid for the carriage of cargo and the

conditions under which those prices apply, including

remuneration and conditions offered to agency and

other auxiliary services.

(10) ‘ECAA Country’ means any country party to the multi

lateral Agreement establishing 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);

This definition covers, where relevant, the surface transport

in connection with international air transport and the

applicable conditions;

(17) ‘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;

(11) ‘Euromed Country’ means any Mediterranean country

involved in the European Neighbourhood Policy (which

are Morocco, Algeria, Tunisia, Libya, Egypt, Lebanon,

Jordan, Israel, the Palestinian territory, Syria and Turkey);

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

(12) ‘Fifth freedom right’ means the right or privilege granted

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

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

national air transport services between the territory of

the Granting State and the territory of a third state,

subject to the condition that such services originate or

terminate in the territory of the Recipient State;

upon air carriers to ensure on

a specified route the

minimum provision of scheduled air services satisfying

fixed standards of continuity, regularity, pricing and

minimum capacity which air carriers would not assume

if they were solely considering their commercial interest.

Air carriers may be compensated by the Contracting Party

concerned for fulfilling public service obligations;

(13) ‘International air transport’ means air transport that passes

through the airspace over the territory of at least two

States;

(19) ‘SESAR’ means the technical implementation of the Single

European Sky which provides a coordinated, synchronised

research, development and deployment of the new gener

ations of air traffic management systems;

(14) ‘National’ means any person or entity having Jordan

nationality for the Jordan Party, or the nationality of a

(¹) OJ L 293, 31.10.2008, p. 3.

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(20) ‘Subsidy’ means any financial contribution granted by the

authorities or a regional organisation or another public

organisation, i.e. when:

of this Agreement, the following rights for the conduct of inter

national air transport by the air carriers of the other Contracting

Party:

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

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

public organisation involves a direct transfer of funds

such as grants, loans or equity infusion, potential

direct transfer of funds to the company, the

assumption of liabilities of the company such as loan

guarantees, capital injections, ownership, protection

against bankruptcy or insurance;

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

than taking on or discharging passengers, baggage, cargo

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

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

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

up and discharging international traffic in passengers, cargo

and/or mail, separately or in combination; and

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

public organisation that is otherwise due is foregone or

not collected;

(d) the rights otherwise specified in this Agreement.

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

sation provides goods or services other than general

infrastructure, or purchases goods or services; or

2.

Nothing in this Agreement shall be deemed to confer on

the air carriers of:

(a) Jordan 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;

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

sation makes payments to a funding mechanism or

entrusts or directs a private body to carry out one

or more of the type of functions illustrated under

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

the government and, in practice, in no real sense

differs from practices normally followed by govern

ments;

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

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

carried for compensation and destined for another point in

the territory of Jordan.

and where a benefit is thereby conferred;

Article 3

(21) ‘Territory’ means, for Jordan, the land areas (mainland and

islands), internal waters and territorial sea under its sover

eignty or jurisdiction, and, for the European Union, the

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

torial sea in which the Treaty on the European Union and

the Treaty on the functioning of the European Union are

applied and under the conditions laid down in that Treaty

and any successor instrument. The application of this

Agreement to the Airport of Gibraltar is understood to

be without prejudice to the respective legal positions of

the Kingdom of Spain and the United Kingdom with

regard to the dispute over sovereignty over the territory

in which the airport is situated and to the continuing

suspension of Gibraltar Airport from EU aviation

measures existing as at 18 September 2006 as between

Member States in accordance with the Ministerial

Statement on Gibraltar Airport agreed in Cordoba on

18 September 2006; and

Authorisation

1.

On receipt of applications for operating authorisation

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 Jordan:

— the air carrier has its principal place of business in

Jordan and has received its operating licence in

accordance with the law of the Hashemite Kingdom of

Jordan,

— effective regulatory control of the air carrier is exercised

and maintained by the Hashemite Kingdom of Jordan,

and

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

pation, and effectively controlled by Jordan and/or its

nationals;

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

the provision of airport, airport environmental, air navi

gation, or aviation security facilities or services including

related services and facilities and when appropriate

reflecting environmental costs related to noise emissions.

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

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

territory of a Member State under the Treaty on the

Functioning of the European Union, and has received

its operating licence, and

TITLE I

ECONOMIC PROVISIONS

Article 2

— effective regulatory control of the air carrier is exercised

and maintained by the Member State responsible for

issuing its Air Operators Certificate and the relevant

Aeronautical Authority is clearly identified,

Traffic Rights

1.

Each Contracting Party shall grant to the other

Contracting Party, in accordance with Annex I and Annex II

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

pation, by Member States and/or by nationals of the

Member States, or by other States listed in Annex IV,

and/or of the nationals of these other States;

(d) the provisions set forth in Article 13 (Aviation Safety) and

Article 14 (Aviation Security) of this Agreement are not

being maintained or administered.

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

laws and regulations normally applied by the authority

competent for the operation of international air transport;

and

2.

Unless immediate action is essential to prevent further

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

rights established by the present Article to refuse, revoke,

suspend or limit authorisations or permissions of any air

carrier of

a Contracting Party shall be exercised only

(d) the provisions set forth in Article 13 (Aviation Safety) and

Article 14 (Aviation Security) of this Agreement are being

maintained and administered.

according to the procedure prescribed in Article 23 (Safeguard

measures) of this Agreement. In any case, the exercise of these

rights shall be appropriate, proportionate and restricted with

regard to scope and duration to what is strictly necessary.

They shall be exclusively directed towards the air carrier or

air carriers concerned, and shall be without prejudice to the

right of either Contracting Party to take action under Article 22

(Dispute resolution and arbitration).

Article 4

Refusal, Revocation, Suspension, Limitation of

Authorisation

1.

The competent authorities of either Contracting Party may

refuse, revoke, suspend or limit the operating authorisations or

otherwise suspend or limit the operations of an air carrier of

another Contracting Party where:

3.

Neither Contracting Party shall use its rights established by

the present Article to refuse, revoke, suspend or limit authori

sations or permissions of any air carriers of a Contracting Party

on the grounds that majority ownership and effective control of

that air carrier is vested in another Euromed Country or its

nationals, provided that such Euromed Country is party to a

similar Euro Mediterranean Aviation Agreement and offers

reciprocal treatment.

(a) for an air carrier of Jordan:

— the air carrier does not have its principal place of

business in Jordan or has not received its operating

licence in accordance with the applicable law of Jordan,

— effective regulatory control of the air carrier is not

exercised and maintained by Jordan,

Article 4 bis

or

Reciprocal Recognition of Regulatory Determinations with

Regard to Airline Fitness and Citizenship

— the air carrier is not owned and effectively controlled,

directly or by majority participation, by Jordan and/or

nationals of Jordan;

1.

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

citizenship 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 paragraph 2 below.

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

— the air carrier does not have its principal place of

business or, if any, its registered office in the territory

of a Member State under the Treaty on the Functioning

of the European Union, or has not received its operating

licence in accordance with Union law,

2.

If, after receipt of an application for authorisation from an

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

competent authorities of the receiving Contracting Party have

a specific reason based on a reasonable doubt for concern that,

despite the determination made by the competent authorities of

the other Contracting Party, the conditions prescribed in

Article 3 (Authorisation) of this Agreement for the grant of

appropriate authorisations or permissions have not been met,

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 both 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 21 (The

Joint Committee) of this Agreement.

— effective regulatory control of the air carrier is not

exercised and maintained by the Member State

responsible for issuing its Air Operators Certificate or

the competent aeronautical authority is not clearly ident

ified, or

— the air carrier is not owned and effectively controlled,

directly or by majority participation, by Member States

and/or nationals of Member States, or by the other

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

other States;

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

lations referred to in Article 6 (Compliance with Laws and

Regulations) of this Agreement; or

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3.

The present Article does not cover recognition of deter

carriers of both sides to operate the Agreed Services. In order to

achieve this, it is necessary to have a fair and competitive

environment for the operation of air services. The Contracting

Parties recognise that fair competitive practices by air carriers

are most likely to occur where these air carriers provide air

services on a fully commercial basis and are not subsidised.

minations in relation to:

— Safety certificates or licences,

— Security arrangements, or

— Insurance coverage.

3.

When a Contracting Party deems it essential to grant

public subsidies to an air carrier operating under this

Agreement in order to achieve a legitimate objective, it shall

see to it that such subsidies are proportionate to the objective,

transparent and designed to minimise, to the extent feasible,

their adverse impact on the air carriers of the other Contracting

Party. The Contracting Party intending to grant any such

subsidy shall inform the other Contracting Party of its

intention and shall make sure that such subsidy is consistent

with the criteria laid down in this Agreement.

Article 5

Investment

1.

Jordan may take arrangements to allow majority

ownership and/or the effective control of air carriers of

Jordan by Member States or their nationals.

2.

Upon verification by the Joint Committee in accordance

with Article 21(10) (The Joint Committee) that reciprocal

arrangements exist, the Contracting Parties shall allow

majority ownership and/or the effective control of air carriers

of Jordan by Member States or their nationals, or of air carriers

of the European Union by Jordan or its nationals.

4.

If one Contracting Party finds that conditions exist in the

Territory of the other Contracting Party, in particular due to a

subsidy, inconsistent with the criteria laid down in paragraph 3

which would adversely affect the fair and equal opportunity of

its air carriers to compete, it may submit observations to the

other Contracting Party. Furthermore, it may request a meeting

of the Joint Committee, as provided for in Article 21 (The Joint

Committee) of this Agreement. From the receipt of such a

3.

Specific investment projects under the present Article shall

be authorised by virtue of preliminary decisions of the Joint

Committee established by this Agreement. These decisions

may 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 21(9) (The Joint Committee) of this

Agreement shall not apply to this type of decision.

request consultations shall start within 30 days. When

a

dispute cannot be settled by the Joint Committee, the

Contracting Parties retain the possibility of applying their

respective anti-subsidy measures.

5.

The actions, referred to in paragraph 4 of this Article,

Article 6

shall be appropriate, proportionate and restricted with regard

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

be exclusively directed towards the air carrier or air carriers

benefiting from a subsidy or the conditions referred to in this

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

Contracting Party to take action under Article 23 (Safeguard

Measures) of this Agreement.

Compliance with laws and regulations

1.

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 shall be

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

6.

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.

2.

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 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.

7.

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 7

Article 8

Commercial Opportunities

Air carrier Representatives

Competitive environment

1.

The Contracting Parties reaffirm the application to this

Agreement of the principles of Chapter II of Title IV of the

Association Agreement.

1.

The air carriers of each Contracting Party shall have the

right to establish offices in the territory of the other Contracting

Party for the promotion and sale of air transport and related

activities.

2.

The Contracting Parties acknowledge that it is their joint

objective to secure fair and equal opportunities for the air

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2.

The air carriers of each Contracting Party shall be entitled,

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

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.

in accordance with the laws and regulations of the other

Contracting Party relating to entry, residence, and employment,

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.

Cooperative arrangements

Ground-Handling

7.

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:

3.

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

shall have in relation to ground-handling in the

Territory of the other Contracting Party:

(i) the right to perform its own ground-handling

(‘self-handling’) or, at its option;

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

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

(c) any surface, land or maritime carriers;

(ii) the right to select among competing suppliers that

provide ground-handling services in whole or in

part where such suppliers are allowed market

access on the basis of the laws and regulations

of each Contracting Party, and where such

suppliers are present in the market.

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

appropriate underlying route authority and (ii) the arrangements

meet the requirements relating to safety and competition

normally applied to such arrangements. In respect of

passenger transport sold involving code-shares, the purchaser

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

boarding, which transportation providers will operate each

sector of the service.

(b) For the following categories of ground-handling

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

and oil handling, freight and mail handling as

regards the physical handling of freight and mail

between the air terminal and the aircraft, the rights

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

physical or operational constraints according to the

laws and regulations applicable in the Territory of

the other 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 an equal and non-discriminatory basis to all air

carriers; prices of such services shall not exceed their

full cost including a reasonable return on assets, after

depreciation.

8.

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

transportation providers shall not be subject to laws

and regulations governing air transport on the sole

basis that such surface transportation is held out by

an air carrier under its own name. Surface transpor

tation providers have the discretion to decide whether

to enter into cooperative arrangements. In deciding on

any particular arrangement, surface transportation

providers may consider, among other things,

consumer interests and technical, economic, space,

and capacity constraints.

Sales, Local Expenses, and Transfer of Funds

4.

Any air carrier of each 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. 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.

(b) Moreover, and notwithstanding any other provision of

this Agreement, air carriers and indirect providers of

cargo transportation of the Contracting Parties shall

be permitted, without restriction, to employ in

connection with international air transport any

surface transportation for cargo to or from any

points in the territories of Jordan and the European

Union, or in third countries, including transport to

and from all airports with customs facilities, and

including, where applicable, the right[s] to transport

cargo in bond under applicable laws and regulations.

Such cargo, whether moving by surface or by air, shall

have access to airport customs processing and facil

ities. Air carriers may elect to perform their own

surface transportation or to provide it through

arrangements with other surface carriers, including

surface transportation operated by other air carriers

and indirect providers of cargo air transport. Such

intermodal cargo services may be offered at a single,

5.

Each air carrier shall have the right to convert and remit

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. Conversion and remittance

shall be permitted promptly without restrictions or taxation in

respect thereof at the rate of exchange applicable to current

transactions and remittance on the date the carrier makes the

initial application for remittance.

6.

The air carriers of each Contracting Party shall be

permitted to pay for local expenses, including purchases of

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through price for the air and surface transportation

combined, provided that shippers are not misled as to

the facts concerning such transportation.

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.

Leasing

9.

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

entitled to provide the agreed services using aircraft

and crew leased from any air carrier, including from

third countries, provided that all participants in such

arrangements meet the conditions prescribed under

the laws and regulations normally applied by the

Contracting Parties to such arrangements.

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:

(b) Neither Contracting Party shall require the air carriers

leasing out their equipment to hold traffic rights under

this agreement.

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

a Contracting Party and taken on board, within reasonable

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

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;

(c) The leasing with crew (wet-leasing) by an air carrier of

the Contracting Parties of an aircraft of an air carrier

of a third country, other than those mentioned in

Annex IV, in order to exploit the rights envisaged in

this Agreement, shall remain exceptional or meet

temporary needs. The wet-lease shall be submitted

for prior approval of the licensing authority of the

leasing air carrier and to the competent authority of

the other Contracting Party to where it is intended to

operate the wet-leased aircraft.

(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;

Franchising and Branding

(c) fuel, lubricants and consumable technical supplies

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;

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 carrier operating the service.

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

each Contracting Party, introduced into or supplied in the

territory of one Contracting Party and taken on board for

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

Allocation of slots at airports

11.

The allocation of slots at the airports in the territories of

the Contracting Parties shall be carried out in an independent,

transparent and non-discriminatory manner. All the air carriers

will be treated on a fair and equal basis. In accordance with

Article 21(5) (The Joint Committee), a Contracting Party may

request a meeting of the Joint Committee to seek to resolve any

question related to the application of the present paragraph.

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

terminals.

3.

Notwithstanding any other provision to the contrary,

Article 9

nothing in this Agreement shall prevent a Contracting Party

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

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.

Customs duties and charges

1.

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 of food, beverages

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

4.

Equipment and supplies referred to in paragraphs 1 and 2

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

or control of the appropriate authorities.

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5.

The exemptions provided by this Article shall also be

bodies to exchange such information as may be necessary to

permit an accurate review of the reasonableness of the charges

in accordance with the principles of paragraphs 1 and 2 of this

article. Each Contracting Party shall ensure the competent

charging authorities to provide users with reasonable notice of

any proposal for changes in user charges to enable those auth

orities to consider the views expressed by the users before

changes are made.

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 Contracting Party of the

items specified in paragraphs 1 and 2.

6.

Nothing in this Agreement shall prevent either

Contracting 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 disembar

kation is permitted.

4.

Neither Contracting Party shall be held, in dispute

resolution procedures pursuant to Article 22 (Dispute

Resolution and Arbitration) of this Agreement, to be in

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

undertake

a review of the charge or practice that is the

subject of complaint by the other 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 inconsistent with this Article.

7.

The stipulations of the present Agreement shall not affect

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

The provisions of the respective conventions in force between a

Member State and Jordan for the avoidance of double taxation

on income and on capital remain unaffected by this Agreement.

Article 11

Pricing

1.

The Contracting Parties shall permit prices to be freely

Article 10

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

competition.

User Charges for Airports and Aviation Facilities and

Services

1.

Each Contracting Party shall ensure that user charges that

2.

The Contracting Parties shall not require prices to be filed.

may be imposed by its competent charging authorities or bodies

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

air navigation and air traffic control services shall be just,

reasonable, cost-related and not unjustly 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.

3.

Discussions between competent authorities may be held to

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

unjust, unreasonable or discriminatory.

Article 12

Statistics

2.

Each Contracting Party shall ensure that user charges that

1.

Each Contracting Party shall provide to the other

may be imposed by its competent charging authorities or bodies

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

airport, aviation security and related facilities and services shall

be just, reasonable, not unjustly discriminatory, and equitably

apportioned among categories of users. These charges may

reflect, but shall not exceed, the full cost to the competent

charging authorities or bodies of providing the appropriate

airport and aviation security facilities and services at that

airport or within that airport’s system. These charges may

Contracting Party statistics that are required by domestic laws

and regulations, and, upon request, other available statistical

information as may be reasonably required for the purpose of

reviewing the operation of the air services.

2.

The Contracting Parties shall cooperate in the framework

of the Joint Committee under Article 21 (The Joint Committee)

of this Agreement to facilitate the exchange of statistical

information between them for the purpose of monitoring the

development of air services under this Agreement.

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

Contracting Party on terms not less favourable than the most

favourable terms available to any other air carrier at the time

the charges are assessed.

TITLE II

REGULATORY COOPERATION

Article 13

3.

Each Contracting Party shall ensure consultations between

Aviation safety

the competent charging authorities or bodies in its territory and

the air carriers or their representative bodies using the services

and facilities, and shall ensure the competent charging auth

orities or bodies and the air carriers or their representative

1.

The Contracting Parties shall ensure that their legislation

delivers, at a minimum, the standards specified in Part A of

Annex III, under the conditions set out hereafter.

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2.

The Contracting Parties shall ensure that aircraft registered

civil aviation against acts of unlawful interference, and in

particular their obligations under the Chicago Convention, the

Convention on Offences and Certain Other Acts Committed on

Board Aircraft, signed at Tokyo on 14 September 1963, the

Convention for the Suppression of Unlawful Seizure of Aircraft,

signed at The Hague on 16 December 1970, the Convention for

the Suppression of Unlawful Acts against the Safety of Civil

Aviation, signed at Montreal on 23 September 1971, the

Protocol for the Suppression of Unlawful Acts of Violence at

Airports Serving International Civil Aviation, signed at Montreal

on 24 February 1988 and the Convention on the marking of

plastic explosives for purpose of detection signed at Montreal

on 1 March 1991, insofar as both Contracting Parties are

parties to these conventions, as well as all other conventions

and protocols relating to civil aviation security of which both

Contracting Parties are parties.

in one Contracting Party suspected of non-compliance with

international aviation safety standards established pursuant to

the Convention landing at airports open to international air

traffic in the territory of the other 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.

3.

Either Contracting Party may request consultations at any

time concerning the safety standards maintained by the other

Contracting Party.

4.

Either competent authorities of a Contracting Party may

take all appropriate and immediate measures whenever they

ascertain that an aircraft, a product or an operation may:

3.

The Contracting Parties shall provide upon request all

necessary assistance to each other to prevent acts of unlawful

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.

(a) fail to satisfy the minimum standards established pursuant

to the Convention, the legislation specified in Part A of

Annex III, or the equivalent Jordanian Legislation

compliant with paragraph 1 of this Article, whichever is

applicable;

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

inspection referred to in paragraph 2 — that an aircraft

or the operation of an aircraft does not comply with the

minimum standards established pursuant to the Convention,

the legislation specified in Part A of Annex III, or the

equivalent Jordanian Legislation compliant with paragraph

1 of this Article, whichever is applicable; or

4.

The Contracting Parties shall, in their mutual relations, act

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

they are applied by them, the Recommended Practices estab

lished by the International Civil Aviation Organisation (ICAO)

and designated as Annexes to the Chicago Convention, to the

extent that such security provisions are applicable to the

Contracting Parties. Both Contracting Parties shall require that

operators of aircraft of their registry, operators who have their

principal place of business or permanent residence in their

territory, and the operators of airports in their territory, act in

conformity with such aviation security provisions.

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

maintenance and administration of minimum standards

established pursuant to the Convention, the legislation

specified in Part

A of Annex III, or the equivalent

Jordanian Legislation compliant with paragraph 1 of this

Article, whichever is applicable.

5.

Each Contracting Party shall ensure that effective measures

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 observe the aviation security provisions

referred to in paragraph 4 required by the other Contracting

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

territory of that other Contracting Party.

5.

Where the competent authorities of one Contracting Party

take action under paragraph 4, they shall promptly inform the

competent authorities of the other Contracting Party of taking

such action, providing reasons for its action.

6.

Where measures taken in application of paragraph 4 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

6.

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

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 21 (The Joint Committee)

of this Agreement.

1.

The Contracting Parties shall ensure that their legislation

delivers, at a minimum, the standards specified in Part B of

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

after.

2.

The assurance of safety for civil aircraft, their passengers

and crew being a fundamental pre-condition for the operation

of international air services, the Contracting Parties reaffirm

their obligations to each other to provide for the security of

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7.

When an incident or threat of an incident of unlawful

European Sky, in particular by establishing pertinent

national supervisory bodies at least functionally independent

of air navigation service providers; and

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.

(b) The European Union shall associate Jordan with relevant

operational initiatives in the fields of air navigation

services, airspace and interoperability that stem from the

Single European Sky, in particular through the early

involvement of Jordan’s efforts to establish functional

airspace blocks, or through appropriate coordination on

SESAR.

8.

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.

Article 16

Environment

9.

When a Contracting Party has reasonable grounds to

1.

The Contracting Parties recognise the importance of

believe that the other Contracting Party has departed from the

aviation security provisions of this Article, that Contracting

Party may request immediate consultations with the other

Contracting Party.

protecting the environment when developing and implementing

international aviation policy.

2.

The Contracting Parties recognise the importance of

working together, and within the framework of multilateral

discussions, to consider the effects of aviation on the

environment and the economy, and to ensure that any miti

gating measures are fully consistent with the objectives of this

Agreement.

10.

Without prejudice to Article 4 (Refusal, Revocation,

Suspension, Limitation of Authorisations) of this Agreement,

failure to reach a satisfactory agreement within fifteen (15)

days from the date of such request shall constitute grounds to

withhold, revoke, limit or impose conditions on the operating

authorisation of one or more air carriers of such other

Contracting Party.

3.

Nothing in this Agreement shall be construed to limit the

authority of the competent authorities of a Contracting Party to

take all appropriate measures within its sovereign jurisdiction to

prevent or otherwise address the environmental impacts of air

transport provided that such measures are fully consistent with

their rights and obligations under international law and are

applied without distinction as to nationality.

11.

When required by an immediate and extraordinary

threat, a Contracting Party may take interim action prior to

the expiry of fifteen (15) days.

12.

Any action taken in accordance with the paragraph 10

of this Article shall be discontinued upon compliance by the

other Contracting Party with the provisions of this Article.

4.

The Contracting Parties shall ensure that their legislation

delivers the standards specified in Part D of Annex III to this

Agreement.

Article 15

Air traffic management

Article 17

1.

The Contracting Parties shall ensure that their legislation

Consumer protection

delivers the standards specified in Part C of Annex III to this

Agreement, under the conditions set out hereafter.

The Contracting Parties shall ensure that their legislation

delivers the standards relating to air transport specified in Part

E of Annex III to this Agreement.

2.

The Contracting Parties commit themselves to the highest

degree of cooperation in the field of air traffic management

with a view to extending the Single European Sky to Jordan

in order to enhance current safety standards and overall effi

ciency for general air traffic standards in Europe, to optimise

capacities and to minimise delays. To this purpose, an appro

priate participation of Jordan to the single sky committee shall

be ensured. The Joint Committee shall be responsible for moni

toring and facilitating cooperation in the field of air traffic

management.

Article 18

Computer reservation systems

The Contracting Parties shall ensure that their legislation

delivers the standards specified in Part F of Annex III to this

Agreement.

Article 19

3.

With a view to facilitating the application of the Single

Social aspects

European Sky legislation in their territories:

The Contracting Parties shall ensure that their legislation

delivers the standards relating to air transport specified in Part

G of Annex III to this Agreement.

(a) Jordan shall take the necessary measures to adjust their air

traffic management institutional structures to the Single

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TITLE III

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

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

agreed by the Contracting Parties.

INSTITUTIONAL PROVISIONS

Article 20

6.

For the purpose of the proper implementation of this

Interpretation and enforcement

Agreement, the Contracting Parties shall exchange information

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

consultations within the Joint Committee.

1.

The Contracting Parties shall take all appropriate

measures, whether general or particular, to ensure fulfilment

of the obligations arising out of this Agreement and shall

refrain from any measures which would jeopardise attainment

of the objectives of this Agreement.

7.

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

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 23 (Safeguard Measures) of this

Agreement.

2.

Each Contracting Party shall be responsible, in its own

territory, for the proper enforcement of this Agreement and

in particular the legislation that delivers the standards

specified in Annex III to this Agreement.

8.

The decisions of the Joint Committee shall state the date

3.

Each Contracting Party shall give the other Contracting

of its implementation in the Contracting Parties and any other

information likely to concern economic operators.

Party all necessary information and assistance in the case of

investigations on possible infringements which that other

Contracting Party carries out under its respective competences

as provided in this Agreement.

9.

Without prejudice to paragraph 2, if the Joint Committee

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

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

Parties may take appropriate temporary safeguard measures

under Article 23 (Safeguard Measures) of this Agreement.

4.

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.

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:

Article 21

The Joint Committee

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

latory initiatives and developments, including in the fields of

security, safety, the environment, aviation infrastructure

(including slots), competitive environment and consumer

protection;

1.

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.

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

is implemented, notably in the area of employment and

developing appropriate responses to concerns found to be

legitimate;

2.

The decisions of the Joint Committee shall be adopted by

consensus and shall be binding upon the Contracting Parties.

They will be put into effect by the Contracting Parties in

accordance with their own rules.

(c) considering potential areas for the further development of

this Agreement, including the recommendation of

amendments to this Agreement; and

3.

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

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

or documents of a procedural nature directly related to the

functioning of this Agreement.

procedure.

4.

The Joint Committee shall meet as and when necessary.

Either Contracting Party may request the convening of

meeting.

a

12.

The Contracting Parties share the goal of maximising the

benefits for consumers, airlines, labour, and communities by

extending this Agreement to include third countries. To this

end, the Joint Committee shall work to develop a proposal

regarding the conditions and procedures, including any

necessary amendments to this Agreement, that would be

required for third countries to accede to this Agreement.

5.

A Contracting Party may also request a meeting of the

Joint Committee to seek to resolve any question relating to the

interpretation or application of this Agreement. Such a meeting

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Article 22

Dispute Resolution and Arbitration

Either Contracting Party may request the Association

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

granted under the terms of this Agreement from the

Contracting Party at fault.

1.

Council established under the Association Agreement to

examine any dispute relating to the application or interpretation

of this Agreement, having not been resolved in accordance with

Article 21 (The Joint Committee) of this Agreement.

Article 23

Safeguard measures

1.

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.

2.

The Association Council established under the Association

Agreement may settle the dispute by means of a decision.

3.

The Contracting Parties shall take the necessary measures

2.

If either Contracting Party considers that the other

to implement the decision referred to in paragraph 2.

Contracting Party has failed to fulfil an obligation under this

Agreement, it may take appropriate measures. Safeguard

measures shall be restricted with regard to their scope and

duration to what is strictly necessary in order to remedy the

situation or maintain the balance of this Agreement. Priority

shall be given to such measures as will least disturb the func

tioning of this Agreement.

4.

Should the Contracting Parties be unable to settle the

dispute through the Joint Committee or in accordance with

paragraph 2, the dispute shall, at the request of either

Contracting Party, be submitted to an arbitration panel of

three arbitrators in accordance with the procedure laid down

hereafter:

3.

A Contracting Party which is considering taking safeguard

(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 panel

addressed by the other Contracting Party through

diplomatic channels; the third arbitrator should be

appointed by the other two arbitrators 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;

measures shall notify the other Contracting Parties through the

Joint Committee and shall provide all relevant information.

4.

The Contracting Parties shall immediately enter into

consultations in the Joint Committee with a view to finding a

commonly acceptable solution.

5.

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

Article 4(d) (Refusal, Revocations, Suspension, Limitation of

Authorisation) and Articles 13 (Aviation safety) and 14

(Aviation security) of this Agreement, the Contracting Party

concerned shall not take safeguard measures until one month

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.

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

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

as a President of the arbitration panel;

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

6.

The Contracting Party concerned shall, without delay,

notify the measures taken to the Joint Committee and shall

provide all relevant information.

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

initial expenses of the arbitration shall be shared equally

by the Contracting Parties.

7.

Any action taken under the terms of this Article shall be

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

provisions of this Agreement.

5.

At the request of a Contracting Party and pending the

final decision of the arbitration panel, the arbitration panel

may order the other Contracting Party to implement interim

relief measures.

Article 24

Geographic extension of the Agreement

6.

Any provisional decision or final decision of the

The Contracting Parties commit to conduct

a continuous

arbitration panel shall be binding upon the Contracting Parties.

dialogue to ensure the coherence of this Agreement with the

Barcelona process and aim, as an ultimate goal, a common Euro

Mediterranean Aviation Area. Therefore, the possibility of

mutually agreeing amendments to take into account similar

Euro Mediterranean Aviation agreements shall be explored

within the Joint Committee in accordance with paragraph 11

of Article 21 (The Joint Committee).

7.

If one of the Contracting Parties does not act in

decision of the arbitration panel taken

conformity with

a

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,

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Article 25

Relationship to other Agreements

The provisions of this Agreement supersede the relevant

proper functioning of this Agreement is being drawn up by one

of the Contracting Parties, it shall inform and consult the other

Contracting Party as closely as possible. At the request of one of

the Contracting Parties, a preliminary exchange of views may

take place in the Joint Committee.

1.

provisions of existing bilateral agreements between Jordan and

the Member States. However, existing traffic rights which

originate from these bilateral agreements and which are not

covered under this Agreement can continue to be exercised,

provided that there is no discrimination between air carriers

of the European Union on the basis of nationality.

5.

As soon as a Contracting Party has adopted new legis

lation or an amendment to its legislation in the field of air

transport or an associated area mentioned in Annex III that

could impact the proper functioning of this Agreement, it

shall inform the other Contracting Party not later than thirty

days after its adoption. Upon the request of any Contracting

Party, the Joint Committee shall within sixty days thereafter

hold an exchange of views on the implications of such new

legislation or amendment for the proper functioning of this

Agreement.

2.

Notwithstanding Paragraph 1 of this Article, and subject

to Article 27 (Termination), if this Agreement is terminated or

ceases to be provisionally applied, the regime applicable to air

services between the Contracting Parties’ respective territories

may be agreed by them prior to termination.

6.

Following the exchanges of view referred to in paragraph

5 above, the Joint Committee shall:

3.

If the Contracting Parties become parties to a multilateral

agreement, or endorse a decision adopted by ICAO or another

international organisation, that addresses matters covered by

this Agreement, they shall consult in the Joint Committee to

determine whether this Agreement should be revised to take

into account such developments.

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

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

the new legislation or amendment in question;

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

amendment in question shall be regarded as in accordance

with this Agreement; or

4.

This Agreement shall be without prejudice to any decision

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.

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

reasonable period of time, to safeguard the proper func

tioning of this Agreement.

Article 26

Article 27

Amendments

Termination

1.

If one of the Contracting Parties wishes to amend the

provisions of this Agreement, it shall notify the Joint

Committee accordingly. The amendment to this Agreement

shall enter into force after completion of the respective

internal procedures of each contracting party.

1.

2.

This Agreement is concluded for an unlimited period.

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

writing through diplomatic channels to the other Contracting

Party of its decision to terminate this Agreement. Such notice

shall be sent simultaneously to 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 notifi

cation of termination, unless:

2.

The Joint Committee may, upon the proposal of one

Contracting Party and in accordance with this Article, decide

to modify the Annexes to this Agreement.

3.

This Agreement shall be without prejudice to the right of

(a) the notice is withdrawn by agreement of the Contracting

Parties before the expiry of this period; or

each Contracting Party, subject to compliance with the principle

of non-discrimination to unilaterally adopt new legislation or

amend its existing legislation in the field of air transport or an

associated area mentioned in Annex III to this Agreement.

(b) the Contracting Party other than the one giving the notice

for termination requests

a longer period of time, not

exceeding 18 months, in order to ensure satisfactory

negotiation of the subsequent regime applicable to air

services between their respective territories.

4.

As soon as new legislation in the field of air transport or

an associated area covered by Annex III that could impact the

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Article 28

communications from each Member State confirming that its

necessary procedures for entry into force of this Agreement

have been completed.

Registration with the International Civil Aviation

Organisation and the United Nations Secretariat

2.

Notwithstanding Paragraph

1

of this Article, the

This Agreement and all amendments thereto shall be registered

with the ICAO and with the UN Secretariat.

Contracting Parties agree to provisionally apply this

Agreement from the first day of the month following the

earliest of (i) the date of the latest note of which the Parties

have notified each other of the completion of the procedures

necessary to provisionally apply this Agreement, or (ii) subject

to the internal procedures and/or domestic legislation, as appli

cable, of the Contracting Parties, the date that falls 12 months

from the date of signature of this Agreement.

Article 29

Entry into force

1.

This Agreement shall enter into force one month after the

date of the last note in an exchange of diplomatic notes

between the Contracting Parties confirming that all necessary

procedures for entry into force of this Agreement have been

completed. For purposes of this exchange, the Hashemite

Kingdom of Jordan 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 Secre

tariat of the Council of the European Union shall deliver to the

Hashemite Kingdom of Jordan the diplomatic note from the

European Union and its Member States. The diplomatic note

from the European Union and its Member States shall contain

IN WITNESS WHEREOF, the undersigned, being duly authorised,

have signed this Agreement.

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

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

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

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

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

Arabic languages, each text being equally authentic.

EN

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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

På Kongeriget Danmarks vegne

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

EN

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Για την Κυπριακή Δημοκρατία

Latvijas Republikas vārdā –

Lietuvos Respublikos vardu

Pour le Grand-Duché de Luxembourg

A Magyar Köztársaság részéről

EN

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Għal Malta

Voor het Koninkrijk der Nederlanden

Für die Republik Österreich

W imieniu Rzeczypospolitej Polskiej

Pela República Portuguesa

EN

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Pentru România

Za Republiko Slovenijo

Za Slovenskú republiku

Suomen tasavallan puolesta

För Republiken Finland

För Konungariket Sverige

For the United Kingdom of Great Britain and Northern Ireland

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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

EN

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ANNEX I

AGREED SERVICES AND SPECIFIED ROUTES

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

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

services on the routes specified hereunder:

(a) for air carriers of the European Union: Points in the European Union — One or more intermediate points in

Euromed countries, ECAA countries, or countries listed in Annex IV — One or more points in Jordan;

(b) for air carriers of Jordan: Points in Jordan — One or more intermediate points in Euromed countries, ECAA

countries or countries listed in Annex IV — One or more points in the European Union.

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

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

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

(a) operate flights in either or both directions;

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

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

Parties in any combination and in any order;

(d) omit stops at any point or points;

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

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

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

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

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

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

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

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

environmental, protection of health reasons.

6. The air carriers of each Contracting Party may serve, notably but not exclusively within the framework of code share

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

not exercise 5th freedom rights.

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ANNEX II

TRANSITIONAL PROVISIONS

1. The implementation and application of all the provisions of this Agreement, especially the standards specified in

Annex III, except part B of that Annex, shall be verified by an evaluation under the responsibility of the European

Union and shall be approved by a decision of the Joint Committee. Such an evaluation shall be conducted on the

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

based on Annex III of this Agreement, or (ii) one year after the entry into force of this Agreement.

2. Notwithstanding the provisions of Annex I, the agreed services and specified routes of this Agreement, shall not

include, until the moment of the adoption of the decision referred to in paragraph 1 of this Annex II, the right for the

air carriers of all Contracting Parties to exercise 5th freedom rights, including for the air carriers of Jordan between

points within the territory of the European Union. However, all traffic rights already granted by one of the bilateral

agreements between Jordan and the Member States of the European Union can continue to be exercised insofar as

there is no discrimination between air carriers of the European Union on the basis of nationality.

3. Notwithstanding paragraph 1 of this Annex, the implementation and application of the security standards specified in

part B of Annex III shall be verified by an evaluation under the responsibility of the European Union and shall be

approved by a decision of the Joint Committee. The confidential parts of the security legislation indicated in Part B of

Annex III will be shared with Jordan only once such a decision is adopted.

4. All Air Carriers of both Contracting Parties shall benefit from the right provided in Article 8 paragraph 3(a)(i) (‘self-

handling’) at the Queen Alia International Airport on 1 January 2016 at the latest. In the meantime, all ground-

handling services at that airport shall be available on an equal and non-discriminatory basis to all air carriers; prices of

such services shall not exceed their full cost including a reasonable return on assets, after depreciation.

EN

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ANNEX III

LIST OF CIVIL AVIATION RULES

A. AVIATION SAFETY

No 3922/91

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

administrative procedures in the field of civil aviation

as amended by:

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

Council Regulation (EEC) No 3922/91,

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

Regulation (EEC) No 3922/91,

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

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

procedures in the field of civil aviation,

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

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

Applicable provisions: Articles 1 to 10, 12 to 13 with the exception of Article 4, paragraph 1 and Article 8 paragraph

2, sentence 2, Annexes I, II and III. As regards the application of Article 12 ‘Member States’ shall read ‘Member States

of the European Union’.

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

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

procedures in the field of civil aviation,

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

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

procedures in the field of civil aviation,

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

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

by aeroplane,

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

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

by aeroplane

Applicable provisions: Articles 1 to 10, 12 to 13 with the exception of Article 4(1) and Article 8(2) (second sentence),

Annexes I to III. As regards the application of Article 12, ‘Member States’ shall read ‘Member States of the European

Union’.

No 216/2008

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

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

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

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

Article 69(4), Annexes I to VI

No 94/56

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

gations of civil aviation accidents and incidents

Applicable provisions: Articles 1 to 12

No 2003/42

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

aviation

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

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No 1702/2003

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

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

the certification of design and production organisations as amended by:

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

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

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

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

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

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

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

appliances,

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

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

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

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

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

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

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

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

determined by the Joint Committee.

No 2042/2003

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

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

tasks

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

As amended by:

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

approvals of a limited duration and Annexes I and III,

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

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

organisations and personnel involved in these tasks,

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

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

organisations and personnel involved in these tasks

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

B. AVIATION SECURITY

No 300/2008

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

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

Applicable provisions: Articles 1 to 18, Article 21, Article 24(2)-(3), Annex

No 820/2008

Commission Regulation (EC) No 820/2008 of 8 August 2008 laying down measures for the implementation of the

common basic standards on aviation security

Applicable provisions: Articles 1 to 6, Annex, Attachment 1

No 1217/2003

Commission Regulation (EC) No 1217/2003 of 4 July 2003 laying down common specifications for national civil

aviation security quality control programmes

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

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No 1486/2003

Commission Regulation (EC) No 1486/2003 of 22 August 2003 laying down procedures for conducting Commission

inspections in the field of civil aviation security

Applicable provisions: Articles 1 to 16

No 1138/2004

Commission Regulation (EC) No 1138/2004 of 21 June 2004 establishing a common definition of critical parts of

security restricted areas at airports

Applicable provisions: Articles 1 to 8

C. AIR TRAFFIC MANAGEMENT

No 549/2004

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

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

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

No 550/2004

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

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

Applicable provisions: Articles 1 to 19

No 551/2004

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

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

Applicable provisions: Articles 1 to 11

No 552/2004

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

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

Applicable provisions: Articles 1 to 12

No 2096/2005

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

provision of air navigation services as amended by:

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

and amending Regulation (EC) No 2096/2005

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

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

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

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

No 2150/2005

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

airspace

Applicable provisions: Articles 1 to 9, Annex

No 1794/2006

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

navigation services

Applicable provisions: Articles 1 to 17, Articles 18 to 19, Annexes I to VI

D. ENVIRONMENT

No 2006/93

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

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

Aviation, second edition (1988)

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

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No 2002/30

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

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

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

No 2002/49

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

management of environmental noise

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

E. CONSUMER PROTECTION

No 90/314

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

Applicable provisions: Articles 1 to 10

No 93/13

Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts

Applicable provisions: Articles 1 to 10 and Annex

No 95/46

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

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

Applicable provisions: Articles 1 to 34

No 2027/97

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

as amended by:

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

Regulation (EC) No 2027/97

Applicable provisions: Articles 1 to 8

No 261/2004

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

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

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

Applicable provisions: Articles 1 to 17

No 1107/2006

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

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

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

F. COMPUTER RESERVATION SYSTEMS

No 80/2009

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

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

G. SOCIAL ASPECTS

No 1989/391

Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the

safety and health of workers at work

Applicable provisions: Articles 1 to 16, and 18-19

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No 2003/88

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

of the organisation of working time

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

No 2000/79

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

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

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

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

ANNEX IV

LIST OF OTHER STATES REFERRED TO IN ARTICLES 3 AND 4, AND ANNEX I

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

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

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

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