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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  
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.  
(a) for an air carrier of the Republic of Moldova:  
— 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  
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.  
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.  
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 a part of the journey  
performed over the said territory;  
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,  
nothing in this Agreement shall prevent a Party from  
imposing taxes, levies, duties, fees or charges on fuel supplied  
in its territory on a non-discriminatory basis for use in an  
aircraft of an air carrier that operates between two points in  
its territory.  
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  
the subject of complaint by the other Party within a  
reasonable amount of time; or  
8.  
The regular airborne equipment, as well as the materials  
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  
specified in Part C of Annex III to this Agreement,  
whichever is applicable.  
Aviation safety  
1.  
Subject to the transitional provisions set out in Annex II  
to this Agreement, the Parties shall act in conformity with the  
provisions of the aviation safety legislation specified in Part C of  
Annex III to this Agreement, under the conditions set out here­  
after.  
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  
legislation referred to in Part C of Annex III to this  
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.  
2.  
The Republic of Moldova may be subjected to a European  
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.  
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.  
Each Party shall also give positive consideration to any  
request from the other Party for reasonable special security  
measures to meet a particular threat. Except where not  
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  
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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  
EN  
20.10.2012  
Official Journal of the European Union  
L 292/31  
— 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  
EN  
L 292/32  
Official Journal of the European Union  
20.10.2012  
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  
EN  
20.10.2012  
Official Journal of the European Union  
L 292/33  
— 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  
EN  
L 292/34  
Official Journal of the European Union  
20.10.2012  
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