EN  
L 283/16  
Official Journal of the European Union  
29.10.2011  
ANCILLARY AGREEMENT  
between the European Union and its Member States, of the first part, Iceland, of the second part,  
and the Kingdom of Norway, of the third part, on the application of the Air Transport Agreement  
between the United States of America, of the first part, the European Union and its Member States,  
of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part  
THE KINGDOM OF BELGIUM,  
THE REPUBLIC OF BULGARIA,  
THE CZECH REPUBLIC,  
THE KINGDOM OF DENMARK,  
THE FEDERAL REPUBLIC OF GERMANY,  
THE REPUBLIC OF ESTONIA,  
IRELAND,  
THE HELLENIC REPUBLIC,  
THE KINGDOM OF SPAIN,  
THE FRENCH REPUBLIC,  
THE ITALIAN REPUBLIC,  
THE REPUBLIC OF CYPRUS,  
THE REPUBLIC OF LATVIA,  
THE REPUBLIC OF LITHUANIA,  
THE GRAND DUCHY OF LUXEMBOURG,  
THE REPUBLIC OF HUNGARY,  
MALTA,  
THE KINGDOM OF THE NETHERLANDS,  
THE REPUBLIC OF AUSTRIA,  
THE REPUBLIC OF POLAND,  
THE PORTUGUESE REPUBLIC,  
ROMANIA,  
THE REPUBLIC OF SLOVENIA,  
THE SLOVAK REPUBLIC,  
THE REPUBLIC OF FINLAND,  
THE KINGDOM OF SWEDEN,  
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,  
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29.10.2011  
Official Journal of the European Union  
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being parties to the Treaty on European Union and to the Treaty on the Functioning of the European Union and being  
Member States of the European Union (hereinafter, ‘the Member States’),  
and  
THE EUROPEAN UNION,  
of the first part;  
ICELAND,  
of the second part;  
and  
THE KINGDOM OF NORWAY (hereinafter, ‘Norway’),  
of the third part;  
NOTING that the European Commission has negotiated, on behalf of the European Union and of the Member States, an  
Agreement on Air Transport with the United States of America in accordance with the Council Decision authorising the  
Commission to open negotiations,  
NOTING that the Air Transport Agreement between the United States of America and the European Community and its  
Member States (hereinafter, ‘the Air Transport Agreement’) was initialled on 2 March 2007, signed at Brussels on 25 April  
2007 and at Washington, D.C. on 30 April 2007 and provisionally applied from 30 March 2008,  
NOTING that the Air Transport Agreement was amended by the Protocol to amend the Air Transport Agreement  
between the United States of America and the European Union and its Member States (hereinafter, ‘the Protocol’),  
initialled on 25 March 2010, and signed at Luxembourg on 24 June 2010,  
NOTING that Iceland and Norway, being fully integrated members of the single European Aviation Market through the  
Agreement on the European Economic Area, have adhered to the Air Transport Agreement as amended by the Protocol  
through an Agreement between the United States of America, of the first part, the European Union and its Member  
States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part (hereinafter ‘the  
Agreement’), of even date, which incorporates the Air Transport Agreement as amended by the Protocol,  
RECOGNISING that it is necessary to lay down procedural arrangements for deciding, if appropriate, how to take  
measures pursuant to Article 21, paragraph 5 of the Air Transport Agreement as amended by the Protocol,  
RECOGNISING that it is furthermore necessary to lay down procedural arrangements for the participation of Iceland and  
Norway in the Joint Committee set up under Article 18 of the Air Transport Agreement as amended by the Protocol and  
in the arbitration procedures provided for in Article 19 of the Air Transport Agreement as amended by the Protocol.  
These procedural arrangements should ensure the necessary cooperation, flow of information and consultation before  
Joint Committee meetings, as well as the implementation of certain provisions of the Air Transport Agreement as  
amended by the Protocol, including those concerning security, safety, the granting and revocation of traffic rights and  
government support,  
HAVE AGREED AS FOLLOWS:  
Article 1  
Article 2  
Notification  
Suspension of Traffic Rights  
Should the European Union and its Member States decide to  
terminate the Agreement in accordance with Article 3 of the  
Agreement or to discontinue its provisional application, or to  
withdraw notices to that effect, the Commission shall, before  
giving notice through diplomatic channels to the United States  
of America, immediately notify Iceland and Norway thereof.  
Iceland and/or Norway shall likewise immediately notify the  
Commission of any such decision.  
A decision not to allow airlines of the other Party to operate  
additional frequencies or enter new markets under the  
Agreement and give notice thereof to the United States of  
America, or to agree to lift any such decision, taken in  
accordance with Article 21, paragraph 5 of the Air Transport  
Agreement as amended by the Protocol, shall be adopted by the  
Council, on behalf of the European Union and of the Member  
States, acting unanimously in accordance with the relevant  
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L 283/18  
Official Journal of the European Union  
29.10.2011  
Treaty provisions, and by Iceland and Norway. The President of  
the Council, acting on behalf of the European Union and of the  
Member States, Iceland and Norway shall then give notice to the  
United States of America of any such decision.  
2.  
The Commission shall, as appropriate, take measures to  
ensure the involvement of Iceland and Norway in the prep­  
aration and coordination of arbitration proceedings.  
3.  
If the Council decides to suspend benefits in accordance  
with Article 19, paragraph 7 of the Air Transport Agreement as  
amended by the Protocol that decision shall be notified to  
Iceland and Norway. Iceland and/or Norway shall likewise  
inform the Commission of any such decision made.  
Article 3  
Joint Committee  
1.  
The European Union, the Member States, Iceland and  
Norway shall be represented in the Joint Committee established  
under Article 18 of the Air Transport Agreement as amended  
by the Protocol by representatives of the Commission, the  
Member States, Iceland and Norway.  
4.  
Any other appropriate action to be taken under Article 19  
of the Air Transport Agreement as amended by the Protocol on  
matters which within the EU fall within the Union competence  
shall be decided upon by the Commission, with assistance of a  
Special Committee of representatives of the Member States  
appointed by the Council, of Iceland and of Norway.  
2.  
The position of the European Union, the Member States,  
Iceland and Norway within the Joint Committee shall be  
presented by the Commission, except in areas within the EU  
that fall exclusively within Member States’ competence, in which  
case it shall be presented by the Presidency of the Council or by  
the Commission, Iceland and Norway as appropriate.  
Article 5  
Exchange of Information  
1.  
Iceland and Norway shall promptly inform the  
Commission of any decision to refuse, revoke, suspend or  
limit the authorisations of an airline of the United States of  
America that they have adopted under Article 4 or 5 of the  
Air Transport Agreement as amended by the Protocol. The  
Commission shall likewise promptly inform Iceland and  
Norway of any such decision taken by Member States.  
3.  
The position to be taken by Iceland and Norway within  
the Joint Committee as regards matters that fall within Articles  
14 or 20 of the Air Transport Agreement as amended by the  
Protocol, or matters that do not require the adoption of a  
decision having legal effects shall be adopted by the  
Commission in agreement with Iceland and Norway.  
2.  
Iceland and Norway shall inform the Commission  
4.  
For other Joint Committee decisions concerning matters  
immediately of any requests or notifications made or received  
by them under Article 8 of the Air Transport Agreement as  
amended by the Protocol. The Commission shall likewise  
immediately inform Iceland and Norway of any such requests  
or notifications made or received by Member States.  
that fall within regulations and directives that are incorporated  
in the Agreement on the European Economic Area, the position  
to be taken by Iceland and Norway shall be adopted by Iceland  
and Norway on a proposal from the Commission.  
5.  
For other Joint Committee decisions concerning matters  
3.  
Iceland and Norway shall inform the Commission  
that fall outside regulations and directives that are incorporated  
in the Agreement on the European Economic Area, the position  
to be taken by Iceland and Norway, shall be adopted by Iceland  
and Norway in agreement with the Commission.  
immediately of any requests or notifications made or received  
by them under Article 9 of the Air Transport Agreement as  
amended by the Protocol. The Commission shall likewise  
immediately inform Iceland and Norway of any such requests  
or notifications made or received by Member States.  
6.  
The Commission shall take adequate measures to ensure  
full participation of Iceland and Norway in any coordination,  
consultation or decision shaping meetings with the Member  
States and access to the relevant information in preparation  
to Joint Committee meetings to be held.  
Article 6  
Government subsidies and support  
1.  
Should Iceland or Norway believe that  
support being considered or provided by  
a
subsidy or  
a
governmental  
entity in the territory of the United States of America will  
have the adverse competitive effects referred to in Article 14,  
paragraph 2 of the Air Transport Agreement as amended by the  
Protocol, it shall bring the matter to the attention of the  
Commission. Should a Member State have brought a similar  
matter to the attention of the Commission, the Commission  
shall likewise bring the matter to the attention of Iceland and  
Norway.  
Article 4  
Arbitration  
1.  
The Commission shall represent the European Union, the  
Member States, Iceland and Norway in arbitration proceedings  
under Article 19 of the Air Transport Agreement as amended  
by the Protocol.  
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Official Journal of the European Union  
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2.  
The Commission, Iceland and Norway may approach such  
Article 8  
entity or request a meeting of the Joint Committee established  
under Article 18 of the Air Transport Agreement as amended  
by the Protocol.  
Provisional application  
Pending entry into force pursuant to Article 9, the Parties agree  
to provisionally apply this Ancillary Agreement, to the extent  
permitted under applicable domestic law, from the later of the  
date of the signature of this Ancillary Agreement or of the date  
specified in Article 5 of the Agreement.  
3.  
The Commission, Iceland and Norway shall inform each  
other immediately when they are contacted by the United States  
of America under Article 14, paragraph 3 of the Air Transport  
Agreement as amended by the Protocol.  
Article 9  
Entry into force  
Article 7  
This Ancillary Agreement shall enter into force either (a) one  
month after the date of the latest note in exchange of  
diplomatic notes between the Parties confirming that all  
necessary procedures for entry into force of this Ancillary  
Agreement have been completed, or (b) on the date of entry  
into force of the Agreement, whichever is the later.  
Termination or cessation of provisional application  
1.  
A Party may, at any time, give notice in writing through  
diplomatic channels to the other Parties of its decision to  
terminate this Ancillary Agreement or to end its provisional  
application. This Ancillary Agreement shall terminate or shall  
cease to be provisionally applied at midnight GMT six months  
following the date of the written notification of termination or  
of cessation of provisional application, unless the notice is  
withdrawn by agreement of the Parties before the end of this  
period.  
IN WITNESS WHEREOF, the undersigned, duly authorised to that  
effect, have signed this Ancillary Agreement.  
Done at Luxembourg and Oslo, in triplicate, on the 16th and  
21st of June 2011 respectively, in the Bulgarian, Czech, Danish,  
Dutch, English, Estonian, Finnish, French, German, Greek,  
Hungarian, Icelandic, Italian, Latvian, Lithuanian, Maltese,  
Norwegian, Polish, Portuguese, Romanian, Slovak, Slovenian,  
Spanish and Swedish languages, all texts being authentic.  
2.  
Notwithstanding any other provision of this Article, if the  
Agreement is terminated or its provisional application is ended,  
this Ancillary Agreement shall simultaneously terminate or  
cease to be provisionally applied.  
EN  
L 283/20  
Official Journal of the European Union  
29.10.2011  
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  
Fyrir Ísland  
For Kongeriket Norge  
Voor het Koninkrijk België  
Pour le Royaume de Belgique  
Für das Königreich Belgien  
Deze handtekening verbindt eveneens het Vlaamse Gewest, het Waalse Gewest en het Brussels Hoofdstedelijk Gewest.  
Cette signature engage également la Région wallonne, la Région flamande et la Région de Bruxelles-Capitale.  
Diese Unterschrift bindet zugleich die Wallonische Region, die Flämische Region und die Region Brüssel-Hauptstadt.  
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29.10.2011  
Official Journal of the European Union  
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За Репyблика Бългaрия  
Za Českou republiku  
For Kongeriget Danmark  
Für die Bundesrepublik Deutschland  
Eesti Vabariigi nimel  
Thar cheann Na hÉireann  
For Ireland  
Για την Ελληνική Δημοκρατία  
EN  
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Official Journal of the European Union  
29.10.2011  
Por el Reino de España  
Pour la République française  
Per la Repubblica italiana  
Για την Κυπριακή Δημοκρατία  
Latvijas Republikas vārdā –  
Lietuvos Respublikos vardu  
EN  
29.10.2011  
Official Journal of the European Union  
L 283/23  
Pour le Grand-Duché de Luxembourg  
A Magyar Köztársaság részéről  
Għal Malta  
Voor het Koninkrijk der Nederlanden  
Für die Republik Österreich  
W imieniu Rzeczypospolitej Polskiej  
Pela República Portuguesa  
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29.10.2011  
Pentru România  
Za Republiko Slovenijo  
Za Slovenskú republiku  
Suomen tasavallan puolesta  
För Republiken Finland  
För Konungariket Sverige  
For the United Kingdom of Great Britain and Northern Ireland