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Official Journal of the European Union

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AIR TRANSPORT AGREEMENT

THE UNITED STATES OF AMERICA (hereinafter, ‘the United States’),

of the first 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,

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THE REPUBLIC OF FINLAND,

THE KINGDOM OF SWEDEN,

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

being parties to the Treaty on European Union and 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 second part;

ICELAND,

of the third part; and

THE KINGDOM OF NORWAY (hereinafter, ‘Norway’),

of the fourth part;

DESIRING to promote an international aviation system based on competition among airlines in the marketplace with

minimum government interference and regulation;

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

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

DESIRING to make it possible for airlines 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 airline workers, benefit in a liberalised agreement;

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

concern about acts or threats against the security of aircraft, which jeopardise the safety of persons or property, adversely

affect the operation of air transportation, and undermine public confidence in the safety of civil aviation;

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

RECOGNISING that government subsidies may adversely affect airline competition and may jeopardise the basic

objectives of this Agreement;

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

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

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

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

maximising benefits for consumers, airlines, labour, and communities on both sides of the Atlantic;

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RECOGNISING the importance of enhancing the access of their airlines to global capital markets in order to strengthen

competition and promote the objectives of this Agreement;

INTENDING to establish a precedent of global significance to promote the benefits of liberalisation in this crucial

economic sector;

RECOGNISING that the European Union replaced and succeeded the European Community as a consequence of the entry

into force on December 1, 2009 of the Treaty of Lisbon amending the Treaty on European Union and the Treaty

establishing the European Community, and that as of that date, all the rights and obligations of, and all the references to

the European Community in the Air Transport Agreement signed by the United States of America and the European

Community and its Member States on April 25 and 30, 2007, apply to the European Union;

HAVE AGREED AS FOLLOWS:

Article 1

2.

Either Iceland or Norway may, at any time, give notice in

writing through diplomatic channels to the other Parties of its

decision to withdraw from this Agreement or to end its provi

sional application of this Agreement under Article 5. A copy of

the notice shall be sent simultaneously to ICAO. Such with

drawal or cessation of provisional application shall be

effective at midnight GMT at the end of the IATA traffic

season in effect one year following the date of written notifi

cation, unless the notice is withdrawn by agreement of the Party

giving written notice, the United States, and the European

Union and its Member States before the end of this period.

Definition

‘Party’ means the United States, the European Union and its

Member States, Iceland, or Norway.

Article 2

Application of the Air Transport Agreement as amended

by the Protocol and the Annex to this Agreement

The provisions of the Air Transport Agreement signed by the

United States of America and the European Community and its

Member States on April 25 and 30, 2007 (hereinafter, ‘the Air

Transport Agreement’), as amended by the Protocol to Amend

the Air Transport Agreement signed by the United States of

America and the European Union and its Member States on

June 24, 2010 (hereinafter, ‘the Protocol’), which are hereby

incorporated by reference, shall apply to all Parties to this

Agreement, subject to the Annex to this Agreement. The

provisions of the Air Transport Agreement, as amended by

the Protocol, shall apply to Iceland and Norway as though

they were Member States of the European Union, so that

Iceland and Norway shall have all of the rights and obligations

of Member States under that agreement. The provisions of the

Annex to this Agreement form an integral part of this

Agreement.

3.

Either the United States or the European Union and its

Member States may, at any time, give notice in writing through

diplomatic channels to Iceland or Norway of its decision to

terminate this Agreement or to end this Agreement’s provi

sional application, with respect to Iceland or Norway. Copies

of the notice shall be sent simultaneously to the other two

Parties to this Agreement and to ICAO. Termination or

cessation of provisional application with respect to Iceland or

Norway shall be effective at midnight GMT at the end of the

IATA traffic season in effect one year following the date of

written notification, unless the notice is withdrawn by

agreement of the United States, the European Union and its

Member States, and the Party receiving the notice, before the

end of this period.

4.

For purposes of the diplomatic notes contemplated by this

Article 3

Article, diplomatic notes to or from the European Union and its

Member States shall be delivered to or from, as the case may be,

the European Union.

Termination or cessation of provisional application

1.

Either the United States or the European Union and its

Member States may, at any time, give notice in writing through

diplomatic channels to the other three Parties of its decision to

terminate this Agreement or to end this Agreement’s provi

sional application under Article 5.

5.

Notwithstanding any other provision of this Article, if the

Air Transport Agreement, as amended by the Protocol, is

terminated, this Agreement shall terminate simultaneously.

A copy of the notice shall be sent simultaneously to the Inter

national Civil Aviation Organization (ICAO). This Agreement

shall terminate, or provisional application of this Agreement

shall end, at midnight GMT at the end of the International

Air Transport Association (IATA) traffic season in effect one

year following the date of the written notification, unless the

notice is withdrawn by agreement of all of the Parties before the

end of this period.

Article 4

Registration with ICAO

This Agreement and all amendments thereto shall be registered

with ICAO by the General Secretariat of the Council of the

European Union.

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Article 5

Provisional Application

3. one month after the date of the last note of the exchanges of

diplomatic notes among the Parties confirming that all

necessary procedures for entry into force of this

Agreement have been completed.

Pending its entry into force, the Parties agree to provisionally

apply this Agreement, to the extent permitted under applicable

domestic law, from the date of signature. If the Air Transport

Agreement, as amended by the Protocol, is terminated in

accordance with Article 23 thereof, or its provisional appli

cation ceases in accordance with Article 25 of that agreement,

or provisional application of the Protocol ceases in accordance

with Article 9 of the Protocol, provisional application of this

Agreement shall cease simultaneously.

For the purposes of this exchange of diplomatic notes,

diplomatic notes to or from the European Union and its

Member States shall be delivered to or from, as the case may

be, the European Union. The diplomatic note or notes from the

European Union and its Member States shall contain communi

cations from each Member State confirming that its necessary

procedures for entry into force of this Agreement have been

completed.

Article 6

Entry into force

IN WITNESS WHEREOF the undersigned, being duly authorised,

have signed this Agreement.

This Agreement shall enter into force on the later of:

1. the date of entry into force of the Air Transport Agreement;

2. the date of entry into force of the Protocol; and

Done at Luxembourg and Oslo, in quadruplicate, on the

sixteenth and twenty-first of June 2011 respectively.

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For the United States of America

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

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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.

За Репyблика Бългaрия

Za Českou republiku

For Kongeriget Danmark

Für die Bundesrepublik Deutschland

Eesti Vabariigi nimel

Thar cheann Na hÉireann

For Ireland

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Για την Ελληνική Δημοκρατία

Por el Reino de España

Pour la République française

Per la Repubblica italiana

Για την Κυπριακή Δημοκρατία

Latvijas Republikas vārdā –

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Lietuvos Respublikos vardu

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

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Pela República Portuguesa

Pentru România

Za Republiko Slovenijo

Za Slovenskú republiku

Suomen tasavallan puolesta

För Republiken Finland

För Konungariket Sverige

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For the United Kingdom of Great Britain and Northern Ireland

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JOINT DECLARATION

Representatives of the United States of America, the European Union and its Member States, Iceland, and

the Kingdom of Norway confirmed that the text 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 Agreement ″), is to be authenticated in other

languages, as provided either, before signature of the Agreement, by Exchanges of Letters or, after signature

of the Agreement, by decision of the Joint Committee.

This Joint Declaration is an integral part of the Agreement.

For the United States of America

For the European Union

and its Member States

For Iceland

For the Kingdom of Norway

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Official Journal of the European Union

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ANNEX

Specific provisions with respect to Iceland and Norway

The provisions of the Air Transport Agreement, as amended by the Protocol, modified as follows, shall apply to all Parties

to this Agreement. The provisions of the Air Transport Agreement, as amended by the Protocol, shall apply to Iceland

and Norway as though they were Member States of the European Union, so that Iceland and Norway shall have all of the

rights and obligations of Member States under that agreement, subject to the following:

1. Paragraph 9 of Article 1 of the Air Transport Agreement, as amended by the Protocol, shall read as follows:

‘ “Territory” means, for the United States, the land areas (mainland and islands), internal waters and territorial sea under

its sovereignty or jurisdiction, and, for the European Union and its Member States, the land areas (mainland and

islands), internal waters and territorial sea in which the Agreement on the European Economic Area is applied and

under the conditions laid down in that agreement and any successor instrument, with the exception of the land areas

and internal waters under the sovereignty or jurisdiction of the Principality of Liechtenstein; application of this

Agreement to 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 sovereignty over the territory in

which the airport is situated, and to the continuing suspension of Gibraltar Airport from European Union aviation

measures existing as at 18 September 2006 as between Member States, in accordance with the Ministerial statement

on Gibraltar Airport agreed in Córdoba on 18 September 2006; and’.

2. Articles 23 to 26 of the Air Transport Agreement, as amended by the Protocol, shall not apply to Iceland and Norway.

3. Articles 9 and 10 of the Protocol shall not apply to Iceland and Norway.

4. The following shall be added to Section 1 of Annex 1 of the Air Transport Agreement, as amended by the Protocol:

‘w. Iceland: Air Transport Agreement, signed at Washington June 14, 1995; amended March 1, 2002 by exchange of

notes; amended August 14, 2006 and March 9, 2007 by exchange of notes.

x. The Kingdom of Norway: Agreement relating to Air Transport Services effected by exchange of notes at

Washington, October 6, 1945; amended August 6, 1954 by exchange of notes; amended June 16, 1995 by

exchange of notes.’.

5. The text of Section 2 of Annex 1 of the Air Transport Agreement, as amended by the Protocol, shall read as follows:

‘Notwithstanding Section 1 of this Annex, for areas that are not encompassed within the definition of ‘territory’ in

Article 1 of this Agreement, the agreements in paragraphs (e) (Denmark-United States), (g) (France-United States), (v)

(United Kingdom-United States), and (x) (Norway-United States) of that section shall continue to apply, according to

their terms.’.

6. The text of Section 3 of Annex 1 of the Air Transport Agreement, as amended by the Protocol, shall read as follows:

‘Notwithstanding Article 3 of this Agreement, U.S. airlines shall not have the right to provide all-cargo services, that

are not part of a service that serves the United States, to or from points in the Member States, except to or from

points in the Czech Republic, the French Republic, the Federal Republic of Germany, the Grand Duchy of

Luxembourg, Malta, the Republic of Poland, the Portuguese Republic, the Slovak Republic, Iceland, and the

Kingdom of Norway.’.

7. The following sentence shall be added at the end of Article 3 of Annex 2 of the Air Transport Agreement, as amended

by the Protocol:

‘For Iceland and Norway, this includes, but is not limited to, Articles 53, 54, and 55 of the Agreement on the

European Economic Area and the European Union Regulations implementing Articles 101, 102 and 105 of the Treaty

on the Functioning of the European Union as incorporated into the Agreement on the European Economic Area, as

well as any amendments thereto.’.

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8. Paragraph 4 of Article 21 of the Air Transport Agreement, as amended by the Protocol, shall apply to Iceland and

Norway to the extent that the relevant laws and regulations of the European Union are incorporated into the

Agreement on the European Economic Area, in accordance with any adaptations thereby stipulated. The rights

provided for in subparagraphs 4(a) and 4(b) of Article 21 of the Air Transport Agreement, as amended by the

Protocol, shall only be available to Iceland or Norway if, with respect to the imposition of noise-based operating

restrictions, Iceland or Norway, respectively, is subject, under the relevant laws and regulations of the European Union

as incorporated into the Agreement on the European Economic Area, to oversight that is comparable to that provided

for in paragraph 4 of Article 21 of the Air Transport Agreement, as amended by the Protocol.