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COMMON AVIATION AREA AGREEMENT

between the European Union and its Member States and the Republic of Moldova

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,

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 European Union and the Treaty on the Functioning of the European Union (here

inafter together referred to as ‘the EU Treaties’), and being Member States of the European Union, and

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THE EUROPEAN UNION,

of the one part, and

THE REPUBLIC OF MOLDOVA,

of the other part,

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

of the one part, and the Republic of Moldova, of the other part, done at Brussels on 28 November 1994;

DESIRING to create a Common Aviation Area (CAA) based on the goal of opening access to markets of the Parties, with

equal conditions of competition, and respect of the same rules – including in the areas of safety, security, air traffic

management, social aspects and the environment;

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

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

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

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

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

laid down in Annex III to this Agreement;

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

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

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

arrangements where necessary;

RECOGNISING the importance of adequate assistance in this regard;

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

open markets;

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

agreement;

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

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

adversely affect the operation of aircraft and undermine the confidence of the travelling public in the safety of civil

aviation;

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

provide the agreed services;

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

Agreement;

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

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

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

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

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

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

HAVE AGREED AS FOLLOWS:

Article 1

Republic of Moldova and the Member State or

Member States of the European Union as is relevant

to the issue in question;

Definitions

For the purposes of this Agreement:

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

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

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

national air transport services between the territory of

the Granting State and the territory of a third state,

subject to the condition that such services originate or

terminate in the territory of the Recipient State;

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

air transport pursuant to Article 2 (Grant of Rights) of,

and Annex I to, this Agreement;

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

amendments thereto;

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

reasonable charge for administrative overhead and where

relevant any applicable charges aimed at reflecting envi

ronmental costs and applied without distinction as to

nationality;

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

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

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

for the avoidance of doubt, shall include scheduled and

non-scheduled (charter) services, and full cargo services;

(10) ‘International air transport’ means air transport which

passes through the air space over the territory of more

than one State;

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

entities responsible for the administrative functions under

this Agreement;

(11) ‘ECAA Agreement’ means the multilateral Agreement

between the European Community and its Member

States, the Republic of Albania, Bosnia and Herzegovina,

the Republic of Croatia, the former Yugoslav Republic of

Macedonia, the Republic of Iceland, the Republic of

Montenegro, the Kingdom of Norway, the Republic of

Serbia and the United Nations Interim Administration

(5) ‘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;

Mission in Kosovo (¹) on the establishment of

European Common Aviation Area.

a

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

requirements regarding such issues as its ownership,

effective control, and principal place of business.

(12) ‘European Neighbourhood Policy partners’ mean Algeria,

Armenia, Azerbaijan, Belarus, Egypt, Georgia, Israel,

Jordan, Lebanon, Libya, the Republic of Moldova,

Morocco, Occupied Palestinian Territory, Syria, Tunisia

and Ukraine.

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

Aviation, opened for signature at Chicago on 7 December

1944, and includes:

(13) ‘National’ means any person having Moldovan nationality

for the Moldovan Party, or the nationality of a Member

State for the European Party, or entity, 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 having Moldovan nationality for the Moldovan

Party, or persons or entities having the nationality of a

Member State or one of the third countries identified in

Annex IV for the European Party;

(a) any amendment that has entered into force under

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

by both the Republic of Moldova 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 the

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

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(14) ‘Operating Licences’ means,

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;

(i) in the case of the European Union and its Member

States operating licences and any other relevant

documents or certificates given under the relevant EU

legislation in force and,

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

public organisation that is otherwise due is foregone,

not collected, or unduly diminished;

(ii) in the case of licences of the Republic of Moldova,

certificates or permits given under the relevant legis

lation in force in the Republic of Moldova;

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

or its Member States, or the European Union and its

Member States, in accordance with their respective

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

the Republic of Moldova (the Moldovan Party);

(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

(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

points (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;

(16) ‘Price’ means:

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

other ticket sellers for the carriage of passengers and

baggage on air services and any conditions under

which those prices apply, including remuneration and

conditions offered to agency and other auxiliary

services; and

and where a benefit is thereby conferred.

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

and the conditions under which those prices apply,

including remuneration and conditions offered to

agency and other auxiliary services.

(20) ‘SESAR’ means the technological element of the Single

European Sky which aims by 2020 to give the EU a

high-performance air traffic control infrastructure to

enable the safe and environmentally friendly development

of air transport;

This definition covers, where applicable, the surface

transport in connection with international air transport,

and the conditions to which their application is subject.

(21) ‘Territory’ means, for the Republic of Moldova, the land

areas and territorial waters adjacent thereto under its

sovereignty, suzerainty, protection or mandate, and, for

the European Union, the land areas (mainland and

islands), internal waters and territorial sea in which the

EU Treaties are applied and under the conditions laid

down in those Treaties and any successor instrument.

The application of this Agreement to the Gibraltar

Airport is understood to be without prejudice to the

respective legal positions of the Kingdom of Spain and

the United Kingdom with regard to the dispute over sover

eignty 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;

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

registered office of an air carrier in the Party within

which the principal financial functions and operational

control, including continued airworthiness management,

of the air carrier are exercised;

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

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 Party concerned

for fulfilling public service obligations;

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

authorities or a regional organisation or another public

organisation, i.e. when:

(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;

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

public organisation involves a direct transfer of funds

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TITLE I

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

ECONOMIC PROVISIONS

Article 2

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

territory of a Member State under the EU Treaties, and

holds a valid operating licence; and

Grant of Rights

1.

Each Party shall grant to the other Party in accordance

with Annex I and Annex II to this Agreement the following

rights for the conduct of international air transport by the air

carriers of the other Party:

— effective regulatory control of the air carrier is exercised

and maintained by the Member State responsible for

issuing its Air Operators Certificate and the relevant

Competent Authority is clearly identified; and

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

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

than taking on or discharging passengers, baggage, cargo

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

— unless otherwise determined under Article

6

(Investment) of this Agreement, the air carrier is

owned, directly or through majority ownership, and

effectively controlled by Member States and/or by

nationals of the Member States, or by other States

listed in Annex IV to this Agreement, and/or of the

nationals of these other States;

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

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

up and discharging international traffic in passengers, cargo

and/or mail, separately or in combination; and

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

laws and regulations normally applied by the competent

authority; and

(d) the rights otherwise specified in this Agreement.

2.

Nothing in this Agreement shall be deemed to confer on

the air carriers of:

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

Article 15 (Aviation Security) of this Agreement are being

maintained and administered.

(a) The Republic of Moldova 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 4

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

territory of the Republic of Moldova, passengers, baggage,

cargo, and/or mail carried for compensation and destined

for another point in the territory of the Republic of

Moldova.

Reciprocal Recognition of Regulatory Determinations with

regard to Airline Fitness, ownership and control

Upon receipt of an application for authorisation from an air

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

shall recognise any fitness and/or citizenship determination

made by the competent authorities of the first Party with

respect to that air carrier as if such determination had been

made by its own competent authorities, and not inquire

further into such matters, except as provided for in points (a)

and (b) below:

Article 3

Authorisation

On receipt of applications for operating authorisation from an

air carrier of one Party the competent authorities of the other

Party shall grant appropriate authorisations with minimum

procedural delay, provided that:

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

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

(a) for an air carrier of the Republic of Moldova:

competent authorities of the receiving Party have

a

specific reason for concern that, despite the determination

made by the competent authorities of the other Party

including where issues of dual citizenship were involved,

the conditions prescribed in Article 3 (Authorisation) of

this Agreement for the grant of appropriate authorisations

or permissions have not been met, then they are to

promptly advise those authorities, giving substantive

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

seek consultations, which may include representatives of the

relevant competent authorities, and/or additional

information relevant to this concern, and such requests

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

remains unresolved, either Party may bring the matter to

the Joint Committee set up under Article 22 (Joint

Committee) of this Agreement.

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

Republic of Moldova and holds a valid operating licence

in accordance with the applicable law of the Republic of

Moldova; and

— effective regulatory control of the air carrier is exercised

and maintained by the Republic of Moldova; and

— unless otherwise determined under Article

6

(Investment) of this Agreement, the air carrier is

owned, directly or through majority ownership, and

effectively controlled by the Republic of Moldova

and/or its nationals.

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

relation to:

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

Article 15 (Aviation Security) of this Agreement are not

being maintained or administered; or

— Safety certificates or licences;

— Security arrangements; or

— Insurance coverage.

Article 5

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

Article 8 (Competitive Environment) of this Agreement

that the conditions for a competitive environment are not

being fulfilled.

2.

Unless immediate action is essential to prevent further

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

Article, the rights established by this Article shall be exercised

only after consultation with the competent authorities of the

other Party.

Refusal, Revocation, Suspension, Limitation of

Authorisation

1.

The competent authorities of either Party may refuse,

revoke, suspend or limit the operating authorisations or

otherwise suspend or limit the operations of an air carrier of

another Party where:

3.

Neither Party shall use its rights established by this Article

to refuse, revoke, suspend or limit authorisations or permissions

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

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

in one or more Parties to the ECAA Agreement or their

nationals, provided that such Party or Parties to the ECAA

Agreement offer reciprocal treatment and provided that such

Party or Parties apply the terms and conditions of the ECAA

Agreement.

(a) for an air carrier of the Republic of Moldova:

— the air carrier does not have its principal place of

business in the Republic of Moldova or does not have

a

valid operating licence in accordance with the

applicable law of the Republic of Moldova; or

— effective regulatory control of the air carrier is not

exercised or maintained by the Republic of Moldova; or

Article 6

Investment

— unless otherwise determined under Article

6

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

owned, directly or through majority ownership, or effec

tively controlled, by the Republic of Moldova and/or

nationals of the Republic of Moldova.

1.

Notwithstanding Articles 3 (Authorisation) and 5 (Refusal,

Revocation, Suspension, Limitation of Authorisation) of this

Agreement, the majority ownership or the effective control of

an air carrier of the Republic of Moldova by Member States

and/or their nationals shall be permitted.

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

2.

Notwithstanding Articles 3 (Authorisation) and 5 (Refusal,

— the air carrier does not have its principal place of

business in the territory of a Member State under the

EU Treaties, or does not have a valid operating licence;

or

Revocation, Suspension, Limitation of Authorisation) of this

Agreement, the majority ownership or the effective control of

an air carrier of the European Union by the Republic of

Moldova and/or its nationals, shall be permitted by virtue of

a prior decision of the Joint Committee established by this

Agreement in accordance with Article 22 (2) (Joint Committee)

of this Agreement. This decision shall specify the conditions

associated with the operation of the agreed services under this

Agreement and with the services between third countries and

the Parties. The provisions of Article 22 (8) (Joint Committee)

of this Agreement shall not apply to this type of decision.

— effective regulatory control of the air carrier is not

exercised or maintained by the Member State

responsible for issuing its Air Operators Certificate or

the competent authority is not clearly identified; or

— unless otherwise determined under Article

6

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

owned, directly or through majority, or effectively

controlled, by Member States and/or nationals of

Member States, or by the other States listed in Annex

IV to this Agreement, and/or nationals of these other

States;

Article 7

Compliance with laws and regulations

1.

While entering, within, or leaving the territory of one

Party, the laws and regulations applicable within that territory

relating to the admission to or departure from its territory of

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

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

carriers.

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

lations referred to in Article 7 (Compliance with Laws and

Regulations) of this Agreement; or

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2.

While entering, within, or leaving the territory of one

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

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

this Agreement.

Party, the laws and regulations applicable within that territory

relating to the admission to or departure from its territory of

passengers, crew or cargo on aircraft (including regulations

relating to entry, clearance, immigration, passports, customs

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

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

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

7.

Each Party, upon notification to the other Party, may

approach responsible government entities in the territory of

the other Party including entities at the state, provincial or

local level to discuss matters relating to this Article.

Article 8

8.

The provisions of this Article shall apply without prejudice

Competitive environment

to the Parties' laws and regulations regarding public service

obligations in the territories of the Parties.

1.

The Parties acknowledge that it is their joint objective to

have a fair and competitive environment for the operation of air

services. The Parties recognise that fair competitive practices by

air carriers are most likely to occur where these air carriers

operate on a fully commercial basis and are not subsidised.

Article 9

Commercial opportunities

Doing business

2.

Within the scope of this Agreement, and without

1.

The Parties agree that obstacles to doing business of

prejudice to any special provisions contained therein, any

discrimination on grounds of nationality shall be prohibited.

commercial operators would hamper the benefits to be

achieved by this Agreement. The Parties therefore agree to

engage in an effective and reciprocal process of removal of

obstacles to doing business of commercial operators of both

Parties where such obstacles may hamper commercial oper

ations, create distortions to competition or hamper the devel

opment of a level playing field.

3.

State aid which distorts or threatens to distort competition

by favouring certain undertakings or certain aviation products

or services is incompatible with the proper functioning of this

Agreement, insofar as it may affect trade between the Parties in

the aviation sector.

2.

The Joint Committee set up in accordance with Article 22

(Joint Committee) of this Agreement shall develop a process of

cooperation in relation to doing business and commercial

opportunities; shall monitor progress in effectively addressing

obstacles to doing business of commercial operators and shall

regularly review developments, including, if necessary, towards

legislative and regulatory changes. In accordance with Article 22

(Joint Committee) of this Agreement a Party may request a

meeting of the Joint Committee to discuss any question

related to the application of this article.

4.

Any practices contrary to this Article shall be assessed on

the basis of criteria arising from the application of the

competition rules applicable in the European Union, in

particular from Article 107 of the Treaty on the Functioning

of the European Union and interpretative instruments adopted

by the European Union institutions.

5.

If one Party finds that conditions exist in the territory of

Air Carrier Representatives

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

adversely affect the fair and equal opportunity of its air carriers

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

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

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

Agreement. From the receipt of such a request consultations

3.

The air carriers of each Party shall have the right to

establish offices in the territory of the other Party for the

promotion and sale of air transport and related activities,

including the right to sell and to issue any ticket and/or

airwaybill, both its own tickets and/or airwaybills of any

other carrier.

shall start within 30 days. Failure to reach

a satisfactory

agreement within 30 days from the start of consultations

shall constitute grounds for the Party that requested the consul

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

impose appropriate conditions on the authorisations of the air

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

cation, Suspension or Limitation of Authorisation) of this

Agreement.

4.

The air carriers of each Party shall be entitled, in

accordance with the laws and regulations of the other Party

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

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

technical, operational, and other specialist staff who are required

to support the provision of air transport. These staff

requirements may, at the option of the air carriers, be

satisfied by its own personnel or by using the services of any

other organisation, company or air carrier operating in the

territory of the other Party, authorised to perform such

services in the territory of that Party. Both Parties shall facilitate

and expedite the granting of employment authorisations,

6.

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

shall be appropriate, proportionate and restricted with regard

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

be exclusively directed towards the air carrier or air carriers

benefiting from a subsidy or the conditions referred to in this

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where required, for personnel employed in the offices according

to this paragraph, including those performing certain temporary

duties not exceeding ninety (90) days, subject to the relevant

laws and regulations in force.

8.

Each air carrier shall have the right to convert into freely

convertible currencies and remit from the territory of the other

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.

Ground Handling

5.

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

shall have in relation to groundhandling in the

territory of the other Party:

9.

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

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

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

carriers of each Party may pay for such expenses in the

territory of the other Party in freely convertible currencies in

accordance with local currency legislation.

(i) the right to perform its own groundhandling (‘self-

handling’) or, at its option

Cooperative Arrangements

(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 Party, and where such suppliers are

present in the market.

10.

In operating or holding out services under this

Agreement, any air carrier of a Party may enter into cooperative

marketing arrangements, such as blocked-space agreements or

code-sharing arrangements, with:

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

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

(c) any surface (land or maritime) transport provider;

provided that:

(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) may be subject to

constraints according to the laws and regulations

applicable in the territory of the other Party. Where

such constraints preclude self-handling and where

there is no effective competition between suppliers

that provide groundhandling services, all such

services shall be available on both an equal and

non-discriminatory basis to all air carriers.

(i) the operating carrier holds the appropriate traffic rights,

(ii) the marketing carriers hold the appropriate underlying

route authority, and

Ground Handling for Third Parties

6. Each groundhandling company, whether an air carrier or

not, shall have in relation to groundhandling in the territory of

the other Party the right to provide groundhandling services for

airlines operating at the same airport, where authorised and

consistent with applicable laws and regulations.

(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 before boarding, which transport providers will

operate each sector of the service.

11.

(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.

Sales, Local Expenses, and Transfer of Funds

7.

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

transportation and related services in the territory of the other

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

sales agents, other intermediaries appointed by the air carrier,

through another 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

in accordance with the local currency legislation.

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(b) Moreover, and notwithstanding any other provision

of this Agreement, air carriers and indirect providers

of cargo transport of the Parties shall be permitted,

without restriction, to employ in connection with

air transport any surface transport for cargo to or

from any points in the territories of the Republic of

Moldova and the European Union, or in third coun

tries, including transport to and from all airports

with customs facilities, and including, where appli

cable, 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 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.

Article 10

Customs duties and taxation

1.

On arriving in the territory of one Party, aircraft operated

in international air transport by the air carriers of the other

Party, their regular equipment, fuel, lubricants, consumable

technical supplies, ground equipment, spare parts (including

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

items as food, beverages and liquor, tobacco and other

products destined for sale to or use by passengers in limited

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

solely in connection with the operation or servicing of aircraft

engaged in international air transport shall be exempt, on the

basis of reciprocity, under its relevant applicable legislation,

from all import restrictions, property taxes and capital levies,

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

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

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

provided, provided that such equipment and supplies remain

on board the aircraft.

2.

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

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

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

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

the service provided:

Leasing

12.

The air carriers of each Party shall be entitled to provide

the agreed services using aircraft and crew leased from any air

carrier, including from third countries, provided that all

participants in such arrangements meet the conditions

prescribed under the laws and regulations normally applied by

the Parties to such arrangements.

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

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

on outbound aircraft of an air carrier of the other Party

engaged in international air transport, even when these

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

over the said territory;

(a) Neither Party shall require the air carriers leasing out their

equipment to hold traffic rights under this agreement.

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

introduced into the territory of a Party for the servicing,

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

other Party used in international air transport;

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

Republic of Moldova of an aircraft of an air carrier of a

third country, or, by an air carrier of the European Union,

of an aircraft of an air carrier of a third country other than

those mentioned in Annex IV to this Agreement, in order to

exploit the rights envisaged in this Agreement, shall remain

exceptional or meet temporary needs. It shall be submitted

for prior approval of the licensing authority of the leasing

air carrier and to the competent authority of the other Party.

(c) fuel, lubricants and consumable technical supplies

introduced into or supplied in the territory of a Party for

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

engaged in international air transport, even when these

supplies are to be used on

performed over the said territory;

a part of the journey

Franchising/Branding

13.

The air carriers of each Party shall be entitled to enter

into franchising or branding arrangements with companies,

including air carriers, of either Party or third countries,

provided that the air carriers hold the appropriate authority

and meet the conditions prescribed under the laws and regu

lations applied by the Parties to such arrangements, particularly

those requiring the disclosure of the identity of the air carrier

operating the service.

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

each Party, introduced into or supplied in the territory of

one Party and taken on board for use on outbound aircraft

of an air carrier of the other Party engaged in international

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

part of the journey performed over the said territory; and

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

terminals.

and air traffic control, airport, aviation security and related

facilities and services shall be just, reasonable, not unjustly

discriminatory, and equitably apportioned among categories of

users. Without prejudice to Article 16(1) (Air traffic manage

ment), these charges may reflect, but shall not exceed, the full

cost to the competent charging authorities or bodies of

providing the appropriate airport and aviation security facilities

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

charges may include a reasonable return on assets, after depreci

ation. Facilities and services for which user charges are made

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

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

other Party on terms not less favourable than the most

favourable terms available to any other air carrier at the time

the charges are assessed.

3.

Notwithstanding any other provision to the contrary,

Party from

nothing in this Agreement shall prevent

a

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

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

aircraft of an air carrier that operates between two points in

its territory.

4.

Equipment and supplies referred to in paragraphs 1 and 2

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

or control of the appropriate authorities and not to be trans

ferred without payment of relevant customs duties and taxes.

2.

Each Party shall require consultations between the

competent charging authorities or bodies in its territory and

the air carriers and/or their representative bodies using the

services and facilities, and shall ensure that the competent

charging authorities or bodies and the air carriers or their repre

sentative bodies exchange such information as may be necessary

to permit an accurate review of the reasonableness of the

charges in accordance with the principles of paragraphs 1 and

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

charging authorities or bodies provide users with reasonable

notice of any proposal for changes in user charges to enable

those authorities to consider the views expressed by the users

before changes are made.

5.

The exemptions provided by this Article shall also be

available where the air carriers of one Party have contracted

with another air carrier, which similarly enjoys such exemptions

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

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

this Article.

6.

Nothing in this Agreement shall prevent either Party from

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

other than for consumption on board to passengers during a

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

which embarkation or disembarkation is permitted.

3.

Neither Party shall be held, in dispute resolution

7.

Baggage and cargo in direct transit across the territory of a

procedures pursuant to Article 23 (Dispute Resolution and

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

of this Article, unless:

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

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

provided.

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

8.

The regular airborne equipment, as well as the materials

the subject of complaint by the other Party within

reasonable amount of time; or

a

and supplies normally retained on board the aircraft of an air

carrier of either Party, may be unloaded in the territory of the

other Party only with the approval of the customs authorities of

that territory. In such case, they may be placed under the super

vision of the said authorities up to such time as they are re-

exported or otherwise disposed of in accordance with customs

regulations.

(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.

9.

The stipulations of this Agreement shall not affect the

Article 12

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

The provisions of this Agreement shall not affect the provisions

of any convention between a Member State and the Republic of

Moldova for the avoidance of double taxation on income and

on capital that may be in force at the relevant time.

Pricing

1.

The Parties shall permit prices to be freely established by

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

Article 11

2.

3.

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

Discussions between competent authorities may be held

User Charges for Airports and Aviation Facilities and

Services

1.

Each Party shall ensure that user charges that may be

imposed by its competent charging authorities or bodies on

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

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

unjust, unreasonable, discriminatory or subsidised.

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Article 13

4.

The competent authorities of a Party may request consul

tations at any time concerning the safety standards maintained

by the other Party.

Statistics

1.

Each Party shall provide to the other Party statistics that

are required by domestic laws and regulations, and, upon

request, other available statistical information as may be

reasonably required for the purpose of reviewing the

operation of the air services.

5.

The competent authorities of a Party shall take all appro

priate and immediate measures whenever they ascertain that an

aircraft, a product or an operation may:

(a) fail to satisfy the minimum standards established pursuant

to the Convention or the legislation specified in Part C of

Annex III to this Agreement, whichever is applicable,

2.

The Parties shall cooperate in the framework of the Joint

Committee under Article 22 (Joint Committee) of this

Agreement to facilitate the exchange of statistical information

between them for the purpose of monitoring the development

of air services under this Agreement.

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

inspection referred to in paragraph 3 of this Article – that

an aircraft or the operation of an aircraft does not comply

with the minimum standards established pursuant to the

Convention or the legislation specified in Part C of Annex

III to this Agreement, whichever is applicable, or

TITLE II

REGULATORY COOPERATION

Article 14

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

maintenance and administration of minimum standards

established pursuant to the Convention or the legislation

Aviation safety

1.

Subject to the transitional provisions set out in Annex II

specified in Part

C of Annex III to this Agreement,

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

provisions of the aviation safety legislation specified in Part C of

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

after.

whichever is applicable.

6.

Where the competent authorities of one Party take action

under paragraph 5 of this Article, they shall promptly inform

the competent authorities of the other Party of taking such

action, providing reasons for their action.

2.

The Parties shall cooperate to ensure the implementation

by the Republic of Moldova of the legislation referred to in

paragraph 1 of this Article. To this purpose, the Republic of

Moldova shall be involved in the work of the European

Aviation Safety Agency as an observer from the date of entry

into force of this Agreement.

7.

Where measures taken in application of paragraph 5 of

this Article are not discontinued even though the basis for

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

matter to the Joint Committee.

(a) The gradual transition of the Republic of Moldova to the full

application of the legislation referred to in Part C of Annex

III to this Agreement shall be subject to assessments. The

assessments shall be carried out by the European Union in

cooperation with the Republic of Moldova. When the

Republic of Moldova is satisfied that the legislation

referred to in Part C of Annex III to this Agreement is

fully applied, it shall inform the European Union that an

assessment should be carried out.

Article 15

Aviation Security

1.

Subject to the transitional provisions set out in Annex II

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

provisions of the European Union's aviation security legislation

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

conditions set out hereafter.

(b) When the Republic of Moldova has fully implemented the

2.

The Republic of Moldova may be subjected to a European

legislation referred to in Part

C of Annex III to this

Commission inspection in accordance with the relevant

European Union security legislation as referred to in Annex III

to this Agreement. The Parties shall establish the necessary

mechanism for the exchange of information on the results of

such security inspections.

Agreement, the Joint Committee established under Article 22

(Joint Committee) of this Agreement shall determine the

precise status and conditions for the participation over

and above the observer status referred to above of the

Republic of Moldova in the European Aviation Safety

Agency.

3.

The assurance of safety for civil aircraft, their passengers

and crew being a fundamental precondition for the operation of

international air services, the Parties reaffirm their obligations to

each other to provide for the security of civil aviation against

acts of unlawful interference, and in particular their obligations

under the Convention, the Convention on Offences and Certain

Other Acts Committed on Board Aircraft, signed at Tokyo on

14 September 1963, the Convention for the Suppression of

Unlawful Seizure of Aircraft, signed at The Hague on

16 December 1970, the Convention for the Suppression of

Unlawful Acts against the Safety of Civil Aviation, signed at

3.

The Parties shall ensure that aircraft registered in one Party

suspected of non-compliance with international aviation safety

standards established pursuant to the Convention landing at

airports open to international air traffic in the territory of the

other Party shall be subject to ramp inspections by the

competent authorities of that other Party, on board and

around the aircraft to check both the validity of the aircraft

documents and those of its crew and the apparent condition

of the aircraft and its equipment.

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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 Parties are parties to these conventions, as well

as all other conventions and protocols relating to civil aviation

security of which both Parties are parties.

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

navigation facilities occurs, the Parties shall assist each other by

facilitating communications and other appropriate measures

intended to terminate rapidly and safely such incident or threat.

9.

Each 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.

4.

The Parties shall provide upon request all necessary

assistance to each other to prevent acts of unlawful seizure of

civil aircraft and other unlawful acts against the safety of such

aircraft, their passengers and crew, airports and air navigation

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

10.

When a Party has reasonable grounds to believe that the

other Party has departed from the aviation security provisions

of this Article, that Party shall request immediate consultations

with the other Party.

5.

The Parties shall, in their mutual relations, act in

conformity with the aviation security Standards and, so far as

they are applied by them, the Recommended Practices estab

lished by the International Civil Aviation Organisation (ICAO)

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

such security provisions are applicable to the Parties. Both

Parties shall require that operators of aircraft of their registry,

operators who have their principal place of business or

permanent residence in their territory, and the operators of

airports in their territory, act in conformity with such aviation

security provisions.

11.

Without prejudice to Article 5 (Refusal, Revocation,

Suspension, Limitation of Authorisations) of this Agreement,

failure to reach a satisfactory agreement within fifteen (15)

days from the date of such request shall constitute grounds to

withhold, revoke, limit or impose conditions on the operating

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

12.

When required by an immediate and extraordinary

6.

Each Party shall ensure that effective measures are taken

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

fifteen (15) days.

within its territory to protect civil aviation against acts of

unlawful interference, including, but not limited to, screening

of passengers and their cabin baggage, screening of hold

baggage and security controls for cargo and mail prior to

boarding or loading of aircraft and security controls for in-

flight supplies and airport supplies and access control to

airside and security restricted areas. Those measures shall be

adjusted to meet increases in the threat. Each Party agrees

that their air carriers may be required to observe the aviation

security provisions referred to in paragraph 5 of this Article

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

or while within, the territory of that other Party.

13.

Any action taken in accordance with the paragraph 11

of this Article shall be discontinued upon compliance by the

other Party with the full provisions of this Article.

Article 16

Air traffic management

1.

Subject to the transitional provisions set out in Annex II

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

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

this Agreement, under the conditions set out hereafter.

7.

request from the other Party for reasonable special security

measures to meet particular threat. Except where not

Each Party shall also give positive consideration to any

a

reasonably possible in case of emergency, each Party will

inform the other Party in advance of any special security

measures it intends to introduce which could have a significant

financial or operational impact on the air transport services

provided under this Agreement. Either Party may request a

meeting of the Joint Committee to discuss such security

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

this Agreement.

2.

The Parties shall cooperate in the field of air traffic

management with a view to extending the Single European

Sky to the Republic of Moldova in order to enhance current

safety standards and overall efficiency of general air traffic oper

ations in Europe, to optimise air traffic control capacities, to

minimise delays and to increase environmental efficiency. To

this purpose, the Republic of Moldova shall be involved as

observer in the Single Sky Committee from the date of entry

into force of the Agreement. The Joint Committee shall be

responsible for monitoring and facilitating cooperation in the

field of air traffic management.

8.

When an incident or threat of an incident of unlawful

seizure of civil aircraft or other unlawful acts against the

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3.

With a view to facilitating the application of the Single

Article 20

European Sky legislation in their territories:

Social aspects

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

Agreement, the Parties shall act in accordance with the legis

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

this Agreement.

(a) The Republic of Moldova shall take the necessary measures

to adjust its air traffic management institutional structures to

the Single European Sky, in particular by ensuring that

pertinent national supervisory bodies are at least func

tionally independent of air navigation service providers; and

TITLE III

(b) The European Union shall associate the Republic of

Moldova 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 the Republic of Moldova's efforts

to establish functional airspace blocks, or through appro

priate coordination on SESAR.

INSTITUTIONAL PROVISIONS

Article 21

Interpretation and enforcement

1.

The Parties shall take all appropriate measures, whether

general or specific, to ensure fulfilment of the obligations

arising out of this Agreement and shall refrain from any

measures which would jeopardise attainment of the objectives

of this Agreement.

Article 17

Environment

1.

The Parties recognise the importance of protecting the

2.

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

environment when developing and implementing aviation

policy. The Parties acknowledge that effective global, regional,

national and/or local action is needed to minimise civil

aviation's impact on the environment.

the proper enforcement of this Agreement and, in particular,

the regulations and directives related to air transport listed in

Annex III to this Agreement.

3.

Each Party shall give the other Party all necessary

2.

Subject to the transitional provisions set out in Annex II

information and assistance in the case of investigations on

possible infringements of provisions of this Agreement which

that other Party carries out under its respective competences as

provided in this Agreement.

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

legislation relating to air transport specified in Part E of Annex

III to this Agreement.

3.

The Parties recognise the importance of working together,

4.

Whenever the Parties act under the powers granted to

and within the framework of multilateral discussions, to

consider the effects of aviation on the environment, and to

ensure that any mitigating measures are fully consistent with

the objectives of this Agreement.

them by this Agreement on matters which are of substantial

interest to the other Party and which concern the authorities or

undertakings of the other Party, the competent authorities of

the other Party shall be fully informed and given the oppor

tunity to comment before a final decision is taken.

4.

Nothing in this Agreement shall be construed to limit the

authority of the competent authorities of a Party to take all

appropriate measures to prevent or otherwise address the envi

ronmental impacts of air transport provided that such measures

are fully consistent with their rights and obligations under inter

national law and are applied without distinction as to

nationality.

5.

Insofar as the provisions of this Agreement and the

provisions of the acts specified in Annex III to this

Agreement are identical in substance to corresponding rules

of the EU Treaties and to acts adopted pursuant to the EU

Treaties, those provisions shall, in their implementation and

application, be interpreted in conformity with the relevant

rulings and decisions of the Court of Justice and the

European Commission.

Article 18

Consumer protection

Article 22

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

Agreement, the Parties shall act in accordance with the legis

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

this Agreement.

The Joint Committee

1.

A Joint Committee composed of representatives of the

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

hereby established, which shall be responsible for the adminis

tration of this Agreement and shall ensure its proper implemen

tation. For this purpose it shall make recommendations and

take decisions where expressly provided by this Agreement.

Article 19

Computer reservation systems

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

Agreement, the Parties shall act in accordance with the legis

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

this Agreement.

2.

The decisions of the Joint Committee shall be adopted by

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

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

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3.

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

(b) addressing and as far as possible effectively resolve ‘doing

business’ issues that may, inter alia, hamper market access

and smooth operation of services under this Agreement as a

procedure.

means to ensure

a

level playing field, regulatory

4.

The Joint Committee shall meet as and when necessary.

convergence and minimising the regulatory burden of

commercial operators;

Either Party may request the convening of a meeting.

5.

A Party may also request a meeting of the Joint

(c) 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;

Committee to seek to resolve any question relating to the inter

pretation 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 Parties.

(d) 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;

6.

For the purpose of the proper implementation of this

Agreement, the Parties shall exchange information and, at the

request of either Party, shall hold consultations within the Joint

Committee.

(e) considering potential areas for the further development of

this Agreement, including the recommendation of

amendments to this Agreement;

7.

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

Committee is not properly implemented by the other Party, the

former may request that the issue be discussed by the Joint

Committee. If the Joint Committee cannot solve the issue

within two months of its referral, the requesting Party may

take appropriate safeguard measures under Article 24 (Safeguard

measures) of this Agreement.

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

approaches or documents of a procedural nature directly

related to the functioning of this Agreement;

8.

Without prejudice to paragraph 2 of this Article, if the

(g) considering and developing technical assistance in the areas

covered by this Agreement; and

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

Parties may take appropriate temporary safeguard measures

under Article 24 (Safeguard Measures) of this Agreement.

(h) fostering cooperation in relevant international fora.

9.

In accordance with Article 6 (Investment) of this

Article 23

Agreement, the Joint Committee shall examine questions

relating to bilateral investments of majority ownership, or

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

Dispute Resolution and Arbitration

1.

If any dispute arises between the Parties relating to the

interpretation or application of this Agreement they shall in the

first place endeavour to settle it through formal consultations

within the Joint Committee in accordance with paragraph 5 of

Article 22 (Joint Committee) of this Agreement.

10.

In accordance with Article 14 (Aviation safety) of this

Agreement, the Joint Committee shall monitor the process of

removal from the register of aircraft registered at the date of

signature in the Republic of Moldova which do not comply

with international aviation safety standards established

pursuant to the Convention. The Joint Committee shall also

monitor the process of phasing-out during the transition

phase described in Annex II to this Agreement of aircraft

registered at the date of signature of this Agreement in the

Republic of Moldova and used by operators under the regu

latory control of the Republic of Moldova, which do not have

a type certificate issued in accordance with the relevant EU

legislation specified in Part C of Annex III to this Agreement

with a view to agreeing a progressive reduction in the numbers

of aircraft referred to in paragraph 7 of Annex II to this

Agreement.

2.

Either Party may refer any dispute relating to the appli

cation or interpretation of this Agreement, which it has not

been possible to resolve in accordance with paragraph 1 of

this Article, to an arbitration panel of three arbitrators in

accordance with the procedure laid down hereafter:

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

from the date of reception of the notification for the request

for arbitration by the arbitration panel addressed by the

other Party through diplomatic channels; the third arbitrator

should be appointed by the other two arbitrators within

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

appointed an arbitrator within the agreed period, or if the

third arbitrator is not appointed within the agreed period,

each Party may request the President of the Council of the

ICAO to appoint an arbitrator or arbitrators, whichever is

applicable;

11.

The Joint Committee shall also develop cooperation by:

(a) reviewing market conditions affecting air services under this

Agreement;

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(b) the third arbitrator appointed under the terms of point (a)

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

President of the arbitration panel;

6.

The Party concerned shall, without delay, notify the

measures taken to the Joint Committee and shall provide all

relevant information.

7.

Any action taken under the terms of this Article shall be

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

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

of this Agreement.

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

initial expenses of the arbitration shall be shared equally

by the Parties.

Article 25

Relationship to other Agreements

3.

At the request of a Party the arbitration panel may order

1.

The provisions of this Agreement shall prevail over the

the other Party to implement interim relief measures pending

the panel's final determination.

relevant provisions of existing bilateral air services agreements

between the Republic of Moldova and the Member States.

However, existing traffic rights which originate from these

bilateral agreements and which are not covered under this

Agreement can continue to be exercised, provided that there

is no discrimination between the Member States and their

nationals.

4.

Any provisional decision or final decision of the

arbitration panel shall be binding upon the Parties.

5.

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

decision of the arbitration panel taken under the terms of this

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

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

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

which it had granted under the terms of this Agreement from

the Party at fault.

2.

The Parties shall consult in the Joint Committee, upon

request of either side, to recommend whether the Republic of

Moldova should join the ECAA Agreement.

3.

If the Parties become parties to a multilateral agreement,

or endorse a decision adopted by ICAO or another international

organisation, that addresses matters covered by this Agreement,

they shall consult in the Joint Committee to determine whether

this Agreement should be revised to take into account such

developments.

Article 24

Safeguard measures

1.

The Parties shall take any general or specific measures

required to fulfil their obligations under this Agreement. They

shall ensure that the objectives set out in this Agreement are

attained.

Article 26

Amendments

1.

If one of the Parties wishes to amend the provisions of

2.

If either Party considers that the other Party has failed to

this Agreement, it shall notify the Joint Committee accordingly

of its decision.

fulfil an obligation under this Agreement, it may take appro

priate safeguard measures. Safeguard measures shall be restricted

with regard to their scope and duration to what is strictly

necessary in order to remedy the situation or maintain the

balance of this Agreement. Priority shall be given to such

measures as will least disturb the functioning of this Agreement.

2.

The Joint Committee may, upon the proposal of one Party

and in accordance with this Article, decide by consensus to

modify the Annexes to this Agreement.

3.

A Party which is considering taking safeguard measures

3.

The amendment to this Agreement shall enter into force

shall without delay notify the other Party through the Joint

Committee and shall provide all relevant information.

after completion of the respective internal procedures of each

Party.

4.

The Parties shall immediately enter into consultations in

4.

This Agreement shall be without prejudice to the right of

the Joint Committee with a view to finding a commonly

acceptable solution.

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

discrimination and the provisions of this Agreement to unilat

erally 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.

5.

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

Article 5(1) (d) (Refusal, Revocation, Suspension, Limitation of

Authorisation) and Articles 14 (Aviation Safety) and 15

(Aviation Security) of this Agreement, the Party concerned

may not take safeguard measures until one month has

elapsed after the date of notification under paragraph 3 of

this Article, unless the consultation procedure under

paragraph 4 of this Article has been concluded before the

expiry of the stated time limit.

5.

When new legislation or an amendment to its existing

legislation in the field of air transport or an associated area

mentioned in Annex III to this Agreement is being considered

by one of the Parties, it shall inform the other Party as appro

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

of views may take place in the Joint Committee.

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6.

Each Party shall regularly and as soon as appropriate

Article 28

inform the other Party of newly adopted legislation or

amendment to its existing legislation in the field of air

transport or an associated area mentioned in Annex III to this

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

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

on the implications of such new legislation or amendment for

the proper functioning of this Agreement.

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 United Nations Secretariat, in

accordance with Article 102 of the Charter of the United

Nations, following its entry into force.

Article 29

7.

Following the exchange of views referred to in paragraph

6 of this Article, the Joint Committee shall:

Provisional application and entry into force

1.

This Agreement shall enter into force one month after the

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

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

the new legislation or amendment in question;

date of the later note in an exchange of diplomatic notes

between the Parties confirming that all necessary procedures

for entry into force of this Agreement have been completed.

For purposes of this exchange, the Republic of Moldova 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 the Republic of Moldova

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.

(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

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

reasonable period of time, to safeguard the proper func

tioning of this Agreement.

2.

Notwithstanding paragraph 1 of this Article, the Parties

Article 27

agree to provisionally apply this Agreement, in accordance with

their internal procedures and/or domestic legislation as appli

cable, from the date of signature of this Agreement.

Termination

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

diplomatic channels to the other Party of its decision to

terminate this Agreement. Such notice shall be sent simulta

neously to ICAO. This Agreement shall terminate at midnight

GMT at the end of the International Air Transport Association

(IATA) traffic season in effect one year following the date of

written notification of termination, unless the notice is

withdrawn by mutual agreement of the Parties before the

expiry of this period.

IN WITNESS WHEREOF the undersigned, being duly authorised,

have signed this Agreement.

Done at Brussels, 26 June 2012, in duplicate, in each of the

official languages of the Parties, each text being equally auth

entic.

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Voor het Koninkrijk België

Pour le Royaume de Belgique

Für das Königreich Belgien

За Република България

Za Českou republiku

For Kongeriget Danmark

Für die Bundesrepublik Deutschland

Eesti Vabariigi nimel

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Thar cheann Na hÉireann

For Ireland

Για την Ελληνική Δημοκρατία

Por el Reino de España

Pour la République française

Per la Repubblica italiana

Για την Κυπριακή Δημοκρατία

EN

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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

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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

Pentru Republica Moldova

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ANNEX I

AGREED SERVICES AND SPECIFIED ROUTES

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

specified hereunder:

(a) for air carriers of the European Union: Any point in the European Union – intermediate points in the territories of

European Neighbourhood Policy partners (¹), ECAA countries (²), or countries listed in Annex IV – Any point in

the Republic of Moldova - points beyond.

(b) for air carriers of the Republic of Moldova: Any point in the Republic of Moldova – intermediate points in the

territories of European Neighbourhood Policy partners, ECAA countries or countries listed in Annex IV – Any

point in the European Union

2. The services operated according to paragraph 1 of this Annex shall originate or terminate in the territory of the

Republic of Moldova, for air carriers of the Republic of Moldova, and in the territory of the European Union for air

carriers of the European Union.

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

(a) operate flights in either or both directions;

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

(c) serve intermediate and beyond points, as specified in paragraph 1 of this Annex, and points in the territories of the

Parties in any combination and in any order;

(d) omit stops at any point or points;

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

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

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

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

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

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

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

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

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

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

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

6. This Annex is subject to the transitional provisions contained in paragraph 2 of Annex II to this Agreement and the

extension of rights foreseen therein.

(¹) ‘European Neighbourhood Policy partners’ shall here be understood as Algeria, Armenia, Azerbaijan, Belarus, Egypt, Georgia, Israel,

Jordan, Lebanon, Libya, Morocco, Occupied Palestinian Territory, Syria, Tunisia and Ukraine i.e. shall here not include the Republic of

Moldova.

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

which at the date of signature of the agreement were: 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. The implementation and application by the Republic of Moldova of all the provisions of the legislation of the

European Union relating to air transport indicated in Annex III to this Agreement, with the exception of the

security legislation under Part D of Annex III to this Agreement, shall be the subject of an evaluation under the

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

evaluation shall be conducted two years after the entry into force of the Agreement at the latest.

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

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

Annex II to this Agreement, the right for the air carriers of both parties to exercise fifth freedom rights other than

those already granted by bilateral agreements between the Republic of Moldova and the Member States of the

European Union, including for the air carriers of the Republic of Moldova between points within the territory of

the European Union.

Upon the adoption of the decision referred to in paragraph 1 of this Annex II, the air carriers of both parties shall be

entitled to exercise fifth freedom rights, including for the air carriers of the Republic of Moldova between points within

the territory of the European Union.

3. The implementation of the aviation security legislation by the Republic of Moldova shall be subject of an evaluation

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

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

the Republic of Moldova shall implement ECAC Doc 30.

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

to this Agreement shall be made available to the appropriate authority of the Republic of Moldova, subject to an

agreement on the exchange of security sensitive information including EU classified information.

5. The gradual transition of the Republic of Moldova to the full application of the legislation of the European Union

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

assessments shall be carried out by the European Commission in cooperation with the Republic of Moldova.

6. As of the date of decision referred to in paragraph 1 of this Annex, the Republic of Moldova will apply operating

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

European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in

the Community. The provisions of Article 4 (Reciprocal Recognition of Regulatory Determinations with regard to

Airline Fitness, ownership and control) of this Agreement with regard to the reciprocal recognition of fitness and/or

citizenship determinations made by the competent authorities of the Republic of Moldova shall be applied by the

competent authorities of the European Union upon the confirmation by the Joint Committee of the full application by

the Republic of Moldova of such operating licensing rules.

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

registered at the date of signature in the register of the Republic of Moldova and used by operators under the

regulatory control of the Republic of Moldova, which do not have a type certificate issued in accordance with the

relevant EU legislation in Part C of Annex III to this Agreement, can be managed under the responsibility of the

competent authorities of the Republic of Moldova in accordance with the applicable national safety requirements of

the Republic of Moldova until no later than:

(a) 1 January 2017 for certain aero-planes engaged in cargo-only operations;

(b) 31 December 2022 for certain helicopters engaged in operations such as search and rescue, aerial work, training,

emergency, agricultural and humanitarian flights in accordance with the operational certificates of the respective

carriers;

provided that the aircraft comply with international aviation safety standards established pursuant to the Convention.

Such aircraft shall not benefit from any rights granted under this Agreement and shall not operate on air routes to,

from or within the European Union.

During the above transition phase, the number of aircraft in the register of the Republic of Moldova which do not

have a type certificate issued in accordance with the relevant EU legislation shall not exceed 53 until 1 January 2017,

shall thereafter not exceed 36 and shall no later than 31 December 2022 have been completely phased-out.

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ANNEX III

(Subject to regular update)

RULES APPLICABLE TO CIVIL AVIATION

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

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

for each individual act are set out hereafter:

A. MARKET ACCESS AND ANCILLARY ISSUES

No 95/93

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

airports

as amended by:

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

Regulation (EEC) No 95/93 on common rules for the allocation of slots at Community airports

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

Regulation (EEC) No 95/93 on common rules for the allocation of slots at Community airports

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

Regulation (EEC) No 95/93 on common rules for the allocation of slots at Community airports

— Regulation (EC) No 545/2009 of the European Parliament and of the Council of 18 June 2009 amending Regulation

(EEC) No 95/93 on common rules for the allocation of slots at Community airports

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

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

No 96/67

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

Applicable provisions: Articles 1 to 25 and Annex

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

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

No 785/2004

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

requirements for air carriers and aircraft operators

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

No 2009/12

Directive (EC) No 2009/12 of the European Parliament and of the Council of 11 March 2009 on airport charges

Applicable provisions: Articles 1 to 12

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B. AIR TRAFFIC MANAGEMENT

No 549/2004

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

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

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

No 550/2004

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

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

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

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 interoperability

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

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

No 2150/2005

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

airspace

No 730/2006

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

under visual flight rules above flight level 195

No 1794/2006

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

navigation services

No 1033/2006

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

in the pre-flight phase for the single European sky

No 1032/2006

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

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

No 219/2007

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

new generation European air traffic management system (SESAR)

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

No 633/2007

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

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

control units

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

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No 1265/2007

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

spacing for the single European sky

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

No 482/2008

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

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

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

No 1361/2008

Council Regulation (EC) No 1361/2008 of 16 December 2008 amending Regulation (EC) No 219/2007 on the estab

lishment of a joint undertaking to develop the new generation European air traffic management system (SESAR).

Applicable provisions: Articles 1 to 5 (with the exception of Article 1.6), Annex (with the exception of points 11 and 12).

No 29/2009

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

single European sky.

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

No 30/2009

Commission Regulation (EC) No 30/2009 of 16 January 2009 amending Regulation (EC) No 1032/2006 as far as the

requirements for automatic systems for the exchange of flight data supporting data link services are concerned.

Applicable provisions: Articles 1 to 2, Annex

No 262/2009

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

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

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

No 1070/2009

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

lations (EC) No 549/2004, (EC) No 550/2004, (EC) No 551/2004 and (EC) No 552/2004 in order to improve the

performance and sustainability of the European aviation system.

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

No 1108/2009

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.

No 73/2010

Commission Regulation (EU) No 73/2010 of 26 January 2010 laying down requirements on the quality of aeronautical

data and aeronautical information for the single European sky.

No 255/2010

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

management.

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No 691/2010

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 services.

No 929/2010

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).

No 1191/2010

Commission Regulation (EU) No 1191/2010 of 16 December 2010 amending Regulation (EC) No 1794/2006 laying

down a common charging scheme for air navigation services.

Commission Decision of 21 February 2011 setting the European Union-wide performance targets and alert thresholds for

the provision of air navigation services for the years 2012 to 2014 (2011/121/EU)

No 176/2011

Commission Regulation (EU) No 176/2011 of 24 February 2011 on the information to be provided before the estab

lishment and modification of a functional airspace block.

No 283/2011

Commission Regulation (EU) No 283/2011 of 22 March 2011 amending Regulation (EC) No 633/2007 as regards the

transitional arrangements referred to in Article 7

Commission Decision of 20.05.2011 on exemptions under Article 14 of Commission Regulation (EC) No 29/2009 on

data link services for the single European sky.

No 677/2011

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 Decision C(2011) 4130 final of 7 July 2011 on the nomination of the Network Manager for the air traffic

management (ATM) network functions of the single European sky.

No 805/2011

Commission Regulation (EU) No 805/2011 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.

No 1034/2011

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.

No 1035/2011

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

C. AVIATION SAFETY

No 3922/91

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

administrative procedures in the field of civil aviation

as amended by:

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

Council Regulation (EEC) No 3922/91

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

Regulation (EEC) No 3922/91

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

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

the field of civil aviation

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

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

in the field of civil aviation

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

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

in the field of civil aviation

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

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

aeroplane

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

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

aeroplane

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

Annexes I to III

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

No 216/2008

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

the field of civil aviation and establishing

a European Aviation Safety Agency, and repealing Council Directive

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

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

Article 69(4), Annexes I to VI

as amended by:

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

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

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

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

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

2006/23/EC

Applicable provisions: Articles 1 to 3, with the exception of paragraph 5 of Article 8a, paragraph 6 of Article 8b and

paragraph 10 of Article 8c inserted by Article 1(7) of Regulation (EC) No 1108/2009, Annex

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

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

No 1321/2007

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

into a central repository of information on civil aviation occurrences exchanged in accordance with Directive 2003/42/EC

of the European Parliament and of the Council

Applicable provisions: Articles 1 to 4

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No 1330/2007

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

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

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

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

No 1702/2003

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

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

certification of design and production organisations

as amended by:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(OJ L 336, 18.12.2009, p. 58 and OJ L 58, 9.3.2010, p. 23)

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

as amended by:

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

approvals of a limited duration and Annexes I and III

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

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

sations and personnel involved in these tasks

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

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

sations and personnel involved in these tasks

— Commission Regulation (EC) No 127/2010 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

No 104/2004

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

of the Board of Appeal of the European Aviation Safety Agency

Applicable provisions: Articles 1 to 7 and Annex

No 593/2007

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

Safety Agency

as amended by:

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

and charges levied by the European Aviation Safety Agency

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

No 736/2006

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

Agency for conducting standardisation inspections

Applicable provisions: Articles 1 to 18

No 768/2006

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

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

Community airports and the management of the information system

Applicable provisions: Articles 1 to 5

No 2111/2005

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

of a Community list of air carriers subject to an operating ban within the Community and on informing air transport

passengers of the identity of the operating air carrier, and repealing Article 9 of Directive 2004/36/CE

Applicable provisions: Articles 1-13, Annex

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

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 the Council

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

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

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

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

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

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D. AVIATION SECURITY

Framework Regulation

No 300/2008

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

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

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

Supplementing Regulation

No 272/2009

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

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

as amended by:

— Commission Regulation (EU) No 720/2011 of 22 July 2011 amending Commission Regulation (EC) No 272/2009

supplementing the common basic standards on civil aviation security as regards the phasing-in of the screening of

liquids, aerosols and gels at EU airports

No 1254/2009

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

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

No 18/2010

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

Parliament and of the Council as far as specifications for national quality control programmes in the field of civil aviation

security are concerned

Implementing Regulation

No 72/2010

Commission Regulation (EU) No 72/2010 of 26 January 2010 laying down procedures for conducting Commission

inspections in the field of aviation security

No 185/2010

Commission Regulation (EU) No 185/2010 of 4 March 2010 laying down detailed measures for the implementation of

the common basic standards on aviation security

as amended by:

— Commission Regulation (EU) No 357/2010 of 23 April 2010 amending Commission Regulation (EU) No 185/2010

of 4 March 2010 laying down detailed measures for the implementation of the common basic standards on aviation

security

— Commission Regulation (EU) No 358/2010 of 23 April 2010 amending Commission Regulation (EU) No 185/2010

of 4 March 2010 laying down detailed measures for the implementation of the common basic standards on aviation

security

— Commission Regulation (EU) No 573/2010 of 30 June 2010 amending Commission Regulation (EU) No 185/2010 of

4 March 2010 laying down detailed measures for the implementation of the common basic standards on aviation

security

— Commission Regulation (EU) No 983/2010 of 3 November 2010 amending Regulation (EU) No 185/2010 laying

down detailed measures for the implementation of the common basic standards on aviation security

— Commission Regulation (EU) No 334/2011 of 7 April 2011 amending Commission Regulation (EU) No 185/2010 of

4 March 2010 laying down detailed measures for the implementation of the common basic standards on aviation

security

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Commission Decision 2010/774/EU of 13 April 2010 laying down detailed measures for the implementation of the

common basic standards on aviation security containing information as referred to in Point (a) of Article 18 of

Regulation (EC) No 300/2008 (need to know aviation security measures)

as amended by:

— Commission Decision 2010/2604/EU of 23 April 2010 amending Commission Decision 2010/774/EU of 13 April

2010 laying down detailed measures for the implementation of the common basic standards on aviation security

containing information as referred to in Point (a) of Article 18 of Regulation (EC) No 300/2008 (protection of

supplies of LAGs and STEBs)

— Commission Decision 2010/3572/EU of 30 June 2010 amending Commission Decision 2010/774/EU of 13 April

2010 laying down detailed measures for the implementation of the common basic standards on aviation security

containing information as referred to in Point (a) of Article 18 of Regulation (EC) No 300/2008 (explosive detection

dogs)

— Commission Decision 2010/9139/EU of 20 December 2010 amending Commission Decision 2010/774/EU of

13 April 2010 laying down detailed measures for the implementation of the common basic standards on aviation

security containing information as referred to in Point (a) of Article 18 of Regulation (EC) No 300/2008 (metal

detection for cargo)

E. ENVIRONMENT

No 2006/93

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

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

Aviation, second edition

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

No 2002/30

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

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

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

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

No 2002/49

Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 — Declaration by the Commission

in the Conciliation Committee on the Directive relating to the assessment and management of environmental noise

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

F. SOCIAL ASPECTS

No 2000/79

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

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

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

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

Applicable provisions: Articles 2 to 3, Annex

No 2003/88

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

the organisation of working time

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

G. CONSUMER PROTECTION

No 90/314

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

Applicable provisions: Articles 1 to 10

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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 on air carrier liability in the event of accidents

Applicable provisions: Articles 1 to 8

No 261/2004

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

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

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

Applicable provisions: Articles 1 to 17

No 1107/2006

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

disabled persons and persons with reduced mobility when travelling by air

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

H. OTHER LEGISLATION

No 80/2009

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

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

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

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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 on

Air Transport).