EURO-MEDITERRANEAN AVIATION AGREEMENT
between the European Union and its Member States, of the one part and the government of the State of Israel, of the other part
Article 1
Definitions
TITLE I
ECONOMIC PROVISIONS
Article 2
Traffic Rights
Article 3
Authorisation
Article 3 bis
Reciprocal Recognition of Regulatory Determinations with Regard to Air Carrier Fitness and Nationality
Article 4
Refusal, Revocation, Suspension or Limitation of Authorisation
Article 5
Investment
Article 6
Compliance with Laws and Regulations
Article 7
Competitive Environment
Article 8
Commercial Opportunities
Article 9
Customs Duties and Charges
Article 10
User Charges for Airports and Aviation Facilities and Services
Article 11
Pricing
Article 12
Statistics
TITLE II
REGULATORY COOPERATION
Article 13
Aviation Safety
Article 14
Aviation Security
Article 15
Air Traffic Management
Article 16
Environment
Article 17
Air Carrier Liability
Article 18
Consumer Rights and Protection of Personal Data
Article 19
Computer Reservation Systems
Article 20
Social aspects
TITLE III
INSTITUTIONAL PROVISIONS
Article 21
Interpretation and Enforcement
Article 22
The Joint Committee
Article 23
Dispute Resolution and Arbitration
Article 24
Safeguard Measures
Article 25
Geographic Extension of the Agreement
Article 26
Relationship to Other Agreements
Article 27
Amendments
Article 28
Termination
Article 29
Registration with the International Civil Aviation Organisation and the United Nations Secretariat
Article 30
Application and Entry into force
ANNEX I
AGREED SERVICES AND SPECIFIED ROUTES
ANNEX II
TRANSITIONAL PROVISIONS
ANNEX III
LIST OF OTHER STATES REFERRED TO IN ARTICLES 3, 4 AND 8 OF THE AGREEMENT AND IN ANNEX I
ANNEX IV
RULES RELATING TO CIVIL AVIATION
A. AVIATION SAFETY
A.1 List of air carriers subject to an operating ban
No 2111/2005
No 473/2006
No 474/2006
A.2 Accident/incident investigation and occurrence reporting
A.2.1: No 996/2010
A.2.2: No 2003/42
B. AIR TRAFFIC MANAGEMENT
BASIC REGULATIONS
Section A:
B.1: No 549/2004
B.2: No 550/2004
B.3: No 551/2004
B.4: No 552/2004
Section B:
B.2: No 550/2004
B.3: No 551/2004
IMPLEMENTING RULES
C. ENVIRONMENT
C.1: No 2002/30
C.2: No 2006/93
D. AIR CARRIER LIABLITY
D.1: No 2027/97
E. CONSUMER RIGHTS AND PROTECTION OF PERSONAL DATA
E.1: No 90/314
E.2: No 95/46
E.3: No 261/2004
E.4: No 1107/2006
F. SOCIAL ASPECTS
F.1: No 2000/79
ANNEX V
Part A: Agreed Base Frequencies in certain routes which equals to or are higher than 14
Type of Service |
Routes |
Base capacity (weekly frequencies) |
|
Passenger |
Vienna |
Tel-Aviv (TLV) |
For the first carrier: 14 For the second and ss. carriers: 3 |
Passenger |
Paris (CDG - ORY - BVA) |
Tel-Aviv (TLV) |
For the first carrier: unlimited; For the second and ss. carriers: 7 |
Passenger |
Frankfurt |
Tel-Aviv (TLV) |
14 |
Passenger |
Athens |
Tel-Aviv (TLV) |
14 |
Passenger |
Rome |
Tel-Aviv (TLV) |
25 |
Passenger |
Madrid |
Tel-Aviv (TLV) |
21 |
Pax/All Cargo |
London (LHR) |
Tel-Aviv (TLV) |
For the first two carriers: unlimited |
Part B: Agreed Base Frequencies in certain routes which are higher than 7 but below 14
Type of Service |
Routes |
Base capacity (weekly frequencies) |
|
Passenger |
Milan |
Tel-Aviv (TLV) |
13 |
Passenger |
Berlin |
Tel-Aviv (TLV |
11 |
Passenger |
Barcelona |
Tel-Aviv (TLV |
10 |
Passenger |
Munich |
Tel-Aviv (TLV |
10 |
ANNEX VI
REGULATORY REQUIREMENTS AND STANDARDS THAT SHALL BE MET WHEN APPLYING THE EU LEGISLATION LISTED IN ANNEX IV OF THE EU-ISRAEL EURO-MEDITERRANEAN AVIATION AGREEMENT
PART A.2: Accident/incident investigation and occurrence reporting
A.2.1: 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
Article No. |
Standard No. (Part/Leg#/Art#/Std#) |
Standard |
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1 |
A2.1.1.1 |
Regulation No 996/2010 aims to improve aviation safety by ensuring a high level of efficiency, expediency, and quality of civil aviation safety investigations, the sole objective of which is the prevention of future accidents and incidents without apportioning blame or liability. It also provides for rules concerning the timely availability of information relating to all persons and dangerous goods on board an aircraft involved in an accident. It also aims to improve the assistance to the victims of air accidents and their relatives. |
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2 |
A2.1.2.1 |
The Definitions in Article 2 of Regulation No 996/2010 shall apply to the standards and requirements relating to the investigation and prevention of accidents and incidents in civil aviation specified in this Annex, as applicable and appropriate. |
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3 |
A2.1.3.1 |
The standards and regulatory requirements specified in this Annex shall apply to safety investigations into accidents and serious incidents, which are conducted by the Contracting Parties, according to international standards and recommended practices. |
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4(1) |
A2.1.4.1 |
The Contracting Parties shall ensure that safety investigations are conducted or supervised, without external interference, by a permanent national civil aviation safety investigation authority (safety investigation authority) capable of independently conducting a full safety investigation, either on its own or through agreements with other safety investigation authorities |
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4(2) |
A2.1.4.2 |
The safety investigation authority shall be functionally independent in particular of aviation authorities responsible for airworthiness, certification, flight operation, maintenance, licensing, air traffic control or aerodrome operation and, in general, of any other party or entity the interests or missions of which could conflict with the task entrusted to the safety investigation authority or influence its objectivity. |
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4(3) |
A2.1.4.3 |
The safety investigation authority shall, in the conduct of the safety investigation, neither seek nor take instructions from anybody and shall have unrestricted authority over the conduct of the safety investigations. |
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4(4) |
A2.1.4.4 |
The activities entrusted to the safety investigation authority may be extended to the gathering and analysis of aviation safety related information, in particular for accident prevention purposes, in so far as these activities do not affect its independence and entail no responsibility in regulatory, administrative or standards matters. |
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4(5) |
A2.1.4.5 |
In order to inform the public of the general aviation safety level, a safety review shall be published annually at national level. In this analysis, the sources of confidential information shall not be revealed. |
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4(6) |
A2.1.4.6 |
The safety investigation authority shall be given by the respective Contracting Party the means required to carry out its responsibilities independently and shall be able to obtain sufficient resources to do so. |
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5(1)-(3) |
A2.1.5.1 |
The Contracting Party must investigate every accident or serious incident, which Annex 13 to the Convention state that it's mandatory to investigate it. |
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5(4) |
A2.1.5.4 |
Safety investigation authorities may decide to investigate incidents other than those referred to in Annex 13 to the Convention, when they expect to draw safety lessons from them. |
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5(5) |
A2.1.5.5 |
All safety investigations shall in no case be concerned with apportioning blame or liability. They shall be independent of, separate from and without prejudice to any judicial or administrative proceedings to apportion blame or liability. |
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8 |
A2.1.8.1 |
The safety investigation authority may, provided that the requirement of no conflict of interest is satisfied, invite the national civil aviation authority, within the scope of its competence, to appoint a representative to participate as an adviser to the investigator-in-charge in any safety investigation the safety investigation authority is responsible for under the control and at the discretion of the investigator-in-charge. The national civil aviation authorities shall support the investigation in which they participate by supplying the requested information. In addition, they shall provide advisers and their equipment to the safety investigation authority in charge where relevant. |
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9(1) |
A2.1.9.1 |
Any person involved who has knowledge of the occurrence of an accident or serious incident shall notify without delay the competent safety investigation authority of the State of Occurrence thereof. |
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9(2) |
A2.1.9.2 |
The safety investigation authority shall notify without delay the International Civil Aviation Organization (ICAO) and third countries concerned in accordance with the international standards and recommended practices of the occurrence of all accidents and serious incidents of which it has been notified. It shall also notify the European Commission and EASA in case the accident or serious incident involves an aircraft registered, operated, manufactured or certified in the EU. |
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10(1) |
A2.1.10.1 |
Upon receipt of the notification of the occurrence of an accident or serious incident from third country, the Contracting Party which are the State of Registry, the State of the Operator, the State of Design and the State of Manufacture shall, as soon as possible, inform the third country in the territory of which the accident or serious incident occurred whether they intend to appoint an accredited representative in accordance with the international standards and recommended practices. Where such an accredited representative is appointed, his or her name and contact details shall also be provided, as well as the expected date of arrival if the accredited representative intends to travel to the country which sent the notification. |
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10(2) |
A2.1.10.2 |
Accredited representatives for the State of Design shall be appointed by the safety investigation authority of the Contracting Party in the territory of which the principal place of business of the certificate holder for the type design of the aircraft or power plant is located. |
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11(1) |
A2.1.11.1 |
Upon his or her appointment by a safety investigation authority and notwithstanding any judicial investigation, the investigator-in-charge shall have the authority to take the necessary measures to satisfy the requirements of the safety investigation. |
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11(2) |
A2.1.11.2 |
Notwithstanding any confidentiality obligations under relevant legislation of the Contracting Party, the investigator-in-charge shall in particular be entitled to:
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11(3) |
A2.1.11.3 |
The investigator-in-charge shall extend to his or her investigators as well as, unless in contradiction with the applicable legislation of the Contracting Party, to his or her advisers and to the accredited representatives and their advisers the entitlements listed in standard A2.1.11.2, to the extent necessary to enable them to participate effectively in the safety investigation. Those entitlements are without prejudice to the rights of the investigators and experts designated by the authority in charge of the judicial investigation. |
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11(4) |
A2.1.11.4 |
Any person participating in safety investigations shall perform his or her duties independently and shall neither seek, nor accept instructions from anybody, other than the investigator-in-charge. |
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12(1)-(2) |
A2.1.12.1 |
When a judicial investigation is also instituted, the investigator-in-charge should be notified thereof. In such a case, the investigator-in-charge should ensure traceability and retain custody of flight recorders and any physical evidence. The judicial authority may appoint an official from that authority to accompany the flight recorders or physical evidence to the place of the read-out or treatment. Where examination or analysis of such physical evidence may modify, alter or destroy it, prior agreement from the judicial authorities will be required, without prejudice to national law. Where such agreement is not obtained within a reasonable time, it should not prevent the investigator-in-charge from conducting the examination or analysis. Where the judicial authority is entitled to seize any evidence, the investigator-in-charge should have immediate and unlimited access to and use of such evidence. Where, in the course of the safety investigation, it becomes known or it is suspected that an act of unlawful interference as provided for under national law, such as national law on accident investigations, was involved in the accident or serious incident, the investigator-in-charge shall immediately inform the competent authorities thereof. Subject to standard A2.1.14.1, the relevant information collected in the safety investigation shall be shared with those authorities immediately and upon request, relevant material may also be transferred to those authorities. The sharing of that information and that material shall be without prejudice to the right of the safety investigation authority to continue the safety investigation, in coordination with the authorities to which the control of the site may have been transferred. |
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12(3) |
A2.1.12.2 |
The Contracting Parties shall ensure that safety investigation authorities, on the one hand, and other authorities likely to be involved in the activities related to the safety investigation, such as the judicial, civil aviation, search and rescue authorities, on the other hand, cooperate with each other through advance arrangements. Those arrangements shall respect the independence of the safety investigation authority and allow the technical investigation to be conducted diligently and efficiently. They should notably cover issues such as: access to the site of the accident; preservation of and access to evidence; initial and ongoing debriefings of the status of each process; exchange of information; appropriate use of safety information; resolution of conflicts. |
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13(1) |
A2.1.13.1 |
The Contracting Party in the territory of which the accident or serious incident occurred shall be responsible for ensuring safe treatment of all evidence and for taking all reasonable measures to protect such evidence and for maintaining safe custody of the aircraft, its contents and its wreckage for such period as may be necessary for the purpose of a safety investigation. Protection of evidence shall include the preservation, by photographic or other means, of any evidence which might be removed, effaced, lost or destroyed. Safe custody shall include protection against further damage, access by unauthorised persons, pilfering and deterioration. |
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13(2) |
A2.1.13.2 |
Pending the arrival of safety investigators, no person shall modify the state of the site of the accident, take any samples therefrom, undertake any movement of or sampling from the aircraft, its contents or its wreckage, move or remove it, except where such action may be required for safety reasons or to bring assistance to injured persons, or under the express permission of the authorities in control of the site and, when possible, in consultation with the safety investigation authority. |
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13(3) |
A2.1.13.3 |
Any person involved shall take all necessary steps to preserve documents, material and recordings in relation to the event, in particular so as to prevent erasure of recordings of conversations and alarms after the flight. |
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14 |
A2.1.14.1 |
Sensitive safety information shall not be made available or used for purposes other than safety investigation. The administration of justice or the authority competent to decide on the disclosure of records according to national law may decide that the benefits of the disclosure of the sensitive safety information for any other purposes permitted by law outweigh the adverse domestic and international impact that such action may have on that or any future safety investigation. |
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15(1) |
A2.1.15.1 |
The staff of the safety investigation authority in charge, or any other person called upon to participate in or contribute to the safety investigation shall be bound by applicable rules or procedures of professional secrecy, including as regards the anonymity of those involved in an accident or incident, under the applicable legislation. |
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15(2) |
A2.1.15.2 |
The safety investigation authority in charge shall communicate the information which it deems relevant to the prevention of an accident or serious incident, to persons responsible for aircraft or aircraft equipment manufacture or maintenance, and to individuals or legal entities responsible for operating aircraft or for the training of personnel. |
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15(3) |
A2.1.15.3 |
The safety investigation authority in charge shall release to the national civil aviation authority relevant factual information obtained during the safety investigation, except sensitive safety information or causing a conflict of interest. The information received by the national civil aviation authorities shall be protected in accordance with applicable legislation of the Contracting Party. |
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15(4) |
A2.1.15.4 |
The safety investigation authority in charge shall be authorized to inform victims and their relatives or their associations or make public any information on the factual observations, the proceedings of the safety investigation, possibly preliminary reports or conclusions and/or safety recommendations, provided that it does not compromise the objectives of the safety investigation and fully complies with applicable legislation on the protection of personal data. |
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15(5) |
A2.1.15.5 |
Before making public the information referred to in Standard A2.1.15.4, the safety investigation authority in charge shall forward that information to the victims and their relatives or their associations in a way which does not compromise the objectives of the safety investigation. |
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16(1) |
A2.1.16.1 |
Each safety investigation shall be concluded with a report in a form appropriate to the type and seriousness of the accident or serious incident. The report shall state that the sole objective of the safety investigation is the prevention of future accidents and incidents without apportioning blame or liability. The report shall contain, where appropriate, safety recommendations. |
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16(2) |
A2.1.16.2 |
The report shall protect the anonymity of any individual involved in the accident or serious incident. |
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16(3) |
A2.1.16.3 |
Where safety investigations give rise to reports before the completion of the investigation, prior to their publication the safety investigation authority may solicit comments from the authorities concerned, and the certificate holder for the design, the manufacturer and the operator concerned. They shall be bound by applicable rules of professional secrecy with regard to the contents of the consultation. |
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16(4) |
A2.1.16.4 |
Before publication of the final report, the safety investigation authority may solicit comments from the authorities concerned and the certificate holder for the design, the manufacturer and the operator concerned, who shall be bound by applicable rules of professional secrecy with regard to the contents of the consultation. In soliciting such comments, the safety investigation authority shall follow the international standards and recommended practices. |
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16(5) |
A2.1.16.5 |
Sensitive safety information shall be included in a report only when relevant to the analysis of the accident or serious incident. Information or parts of the information not relevant to the analysis shall not be disclosed. |
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16(6) |
A2.1.16.6 |
The safety investigation authority shall make public the final report in the shortest possible time and if possible within 12 months of the date of the accident or serious incident. |
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16(7) |
A2.1.16.7 |
If the final report cannot be made public within 12 months, the safety investigation authority shall release an interim statement at least at each anniversary of the accident or serious incident, detailing the progress of the investigation and any safety issues raised. |
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16(8) |
A2.1.16.7 |
The safety investigation authority shall forward a copy of the final report and the safety recommendations as soon as possible to the:
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17(1) |
A2.1.17.1 |
At any stage of the safety investigation, the safety investigation authority shall recommend in a dated transmittal letter, after appropriate consultation with relevant parties, to the authorities concerned, including those in third countries, any preventive action that it considers necessary to be taken promptly to enhance aviation safety. |
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17(2) |
A2.1.17.2 |
A safety investigation authority may also issue safety recommendations on the basis of studies or analysis of a series of investigations or any other activities conducted. |
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17(3) |
A2.1.17.3 |
A safety recommendation shall in no case create a presumption of blame or liability for an accident, serious incident or incident. |
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18(1) |
A2.1.18.1 |
The addressee of a safety recommendation shall acknowledge receipt of the transmittal letter and inform the safety investigation authority which issued the recommendation within 90 days of the receipt of that letter, of the actions taken or under consideration, and where appropriate, of the time necessary for their completion and where no action is taken, the reasons therefor. |
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18(2) |
A2.1.18.2 |
Within 60 days of the receipt of the reply, the safety investigation authority shall inform the addressee whether or not it considers the reply adequate and give justification when it disagrees with the decision to take no action. |
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20 |
A2.1.20.1 |
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21 |
A2.1.21.1 |
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23 |
A2.1.23.1 |
The Contracting Parties shall lay down the rules on penalties applicable to infringements of the standards and requirements relating to the investigation and prevention of accidents and incidents in civil aviation specified in this Annex. The penalties provided for shall be effective, proportionate and dissuasive. |
A.2.2: Directive 2003/42/EC of the European Parliament and of the Council of 13 June 2003 on occurrence reporting in civil aviation
Article No. |
Standard No. (Part/Leg#/Art#/Std#) |
Standard |
1 |
A2.2.1.1 |
The objective of this Directive is to contribute to the improvement of air safety by ensuring that relevant information on safety is reported, collected, stored, protected and disseminated. The sole objective of occurrence reporting is the prevention of accidents and incidents and not to attribute blame or liability. |
2 |
A2.2.2.1 |
The Definitions in Article 2 of Directive 2003/42/EC shall apply to the standards and requirements relating to occurrence reporting in civil aviation specified in this Annex, as applicable and appropriate. |
3 |
A2.2.3.1 |
The standards and requirements relating to occurrence reporting in civil aviation specified in this Annex shall apply to occurrences which endanger or which, if not corrected, would endanger an aircraft, its occupants or any other person. |
4(1) |
A2.2.4.1 |
The Contracting Parties shall require that occurrences are reported to the competent authorities by every person involved in the occurrence or by every person who has a license according to the air navigation law and crew member, even though he was not involved in the occurrence. |
5(1) |
A2.2.5.1 |
The Contracting Parties shall designate one or more competent authorities to put in place a mechanism to collect, evaluate, process and store occurrences reported. |
5(2)-(3) |
A2.2.5.2 |
The competent authorities shall store the reports collected in their databases. Accidents and serious incidents shall also be stored in these databases. |
6 |
A2.2.6.1 |
Israel and Member States shall participate in an exchange of safety information where relevant. The database used by Israel should be compatible with the ECCAIRS software. |
8(1) |
A2.2.8.1 |
The Contracting Parties shall, according to their national legislation, take necessary measures to ensure appropriate confidentiality of the information received by them pursuant to Directive 2003/42/EC. They shall use this information solely for the objective of Directive 2003/42/EC. |
8(2) |
A2.2.8.2 |
Regardless of the type or classification of occurrence and accident or serious incident, names or addresses of individual persons shall never be recorded on the database mentioned in Standard A2.2.5.2. |
8(3) |
A2.2.8.3 |
Without prejudice to the applicable rules of penal law, The Contracting Parties shall refrain from instituting proceedings in respect of unpremeditated or inadvertent infringements of the law which come to their attention only because they have been reported under the national mandatory occurrence-reporting scheme, except in cases of gross negligence. |
9 |
A2.2.9.1 |
Each Contracting Party shall establish a voluntary incident reporting system to facilitate collection of information on actual or potential safety deficiencies that may not be captured by the mandatory incident reporting system. |
PART B: Air Traffic Management
B.1: 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) as amended by Regulation (EC) No 1070/2009 of the European Parliament and of the Council of 21 October 2009
Article no. |
Standard No. (Part/Leg#/Art#/Std#) |
Category (either Section A or Section B of Part B of Annex IV) |
Standard |
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1.1 – 1.3 |
B.1.1.1 |
A |
The objective of the single European sky initiative is to enhance current air traffic safety standards, to contribute to the sustainable development of the air transport system and to improve the overall performance of air traffic management (ATM) and air navigation services (ANS) for general air traffic in the Contracting Parties, with a view to meeting the requirements of all airspace users. This single European sky shall comprise a coherent pan-European network of routes, network management and air traffic management systems based only on safety, efficiency and technical considerations, for the benefit of all airspace users. In pursuit of this objective, Regulation 549/2004 establishes a harmonized regulatory framework for the creation of the single European sky. The application of Regulation 549/2004 and of the measures referred to the in basic regulations of the SES shall be without prejudice to Contracting Parties' sovereignty over their airspace and to the requirements of the Contracting Parties relating to public order, public security and defence matters, as set out in Article 13. Regulation 549/2004 and the measures referred to in the Basic Regulations of the SES do not cover military operations and training. The application of Regulation 549/2004 and of the measures referred to in the Basic Regulations of the SES shall be without prejudice to the rights and duties of Contracting Parties under the 1944 Chicago Convention on International Civil Aviation (the Chicago Convention). In this context, an additional objective is to assist Contracting Parties in fulfilling their obligations under the Chicago Convention, by providing a basis for a common interpretation and uniform implementation of its provisions, and by ensuring that these provisions are duly taken into account in Regulation 549/2004 and in the rules drawn up for its implementation. |
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2 |
B.1.2.1 |
A |
The Definitions in Article 2 of Regulation 549/2004 shall apply to the standards and requirements relating to air traffic management specified in this Annex. All references to Member States shall be understood to refer to Contracting Parties. |
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4.1 |
B.1.4.1 |
A |
Contracting Parties shall, jointly or individually, either nominate or establish a body or bodies as their national supervisory authority in order to assume the tasks assigned to such authority under Regulation 549/2004 and under the measures referred to in Article 3 of Regulation 549/2004. |
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4.2 |
B.1.4.2 |
A |
The national supervisory authorities shall be independent of air navigation service providers. This independence shall be achieved through adequate separation, at the functional level at least, between the national supervisory authorities and such providers. |
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4.3 |
B.1.4.3 |
A |
National supervisory authorities shall exercise their powers impartially, independently and transparently. This shall be achieved by applying appropriate management and control mechanisms, including within the administration of a Contracting Party. However, this shall not prevent the national supervisory authorities from exercising their tasks within the rules of organisation of national civil aviation authorities or any other public bodies. |
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4.4 |
B.1.4.4 |
A |
Contracting Parties shall ensure that national supervisory authorities have the necessary resources and capabilities to carry out the tasks assigned to them under Regulation 549/2004 in an efficient and timely manner. |
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9 |
B.1.9.1 |
A |
The penalties that Contracting Parties shall lay down for infringements of Regulation 549/2004 and of the measures referred to in the Basic Regulations of the SES in particular by airspace users and service providers shall be effective, proportionate and dissuasive. |
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10 |
B.1.10.1 |
A |
The Contracting Parties, acting in accordance with their national legislation, shall establish consultation mechanisms for appropriate involvement of stakeholders, including professional staff representative bodies, in the implementation of the single European sky. |
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11.1 |
B.1.11.1 |
A |
To improve the performance of air navigation services and network functions, a performance scheme for air navigation services and network functions shall be set up. It shall include:
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11.2 |
B.1.11.2 |
A |
In accordance with the regulatory procedure referred to in Article 5(3) of Regulation 549/2004, the Commission may designate Eurocontrol or another impartial and competent body to act as a "performance review body". The role of the performance review body shall be to assist the national supervisory authorities on request in the implementation of the performance scheme. The Commission shall ensure that the performance review body acts independently when carrying out the tasks entrusted to it by the Commission. |
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11.3 (b) |
B.1.11.3 |
A |
The national plans referred to in standard B.1.11.1 shall be drawn up by the national supervisory authority and adopted by the Contracting Party. These plans shall include binding national targets and an appropriate incentive scheme as adopted by the Contracting Party. Drafting of the plans shall be subject to consultation with air navigation service providers, airspace users’ representatives, and, where relevant, airport operators and airport coordinators. |
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11.3(d) |
B.1.11.4 |
A |
The reference period for the performance scheme shall cover a minimum of three years and a maximum of five years. During this period, in the event that the national targets are not met, the Contracting Parties and/or the national supervisory authorities shall apply the appropriate measures they have defined. |
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11.4 |
B.1.11.5 |
A |
The following procedures shall apply to the performance scheme:
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11.5 |
B.1.11.6 |
A |
The establishment of the performance scheme shall take into account that en route services, terminal services and network functions are different and should be treated accordingly, if necessary also for performance-measuring purposes. |
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11.6 |
B.1.11.7 |
A |
Implementing rules regarding performance scheme listed in Annex IV to the EU-Israel Euro-Mediterranean Aviation Agreement shall apply. |
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13 |
B.1.13.1 |
A |
The Basic Regulations on the SES shall not prevent the application of measures by a Contracting Party to the extent to which these are needed to safeguard essential security or defense policy interests. Such measures are in particular those which are imperative:
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B.2: 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) as amended by Regulation (EC) No 1070/2009 of the European Parliament and of the Council of 21 October 2009
Article no. |
Standard No. (Part/Leg#/Art#/Std#) |
Category (either Section A or Section B of Part B of Annex IV) |
Standard |
2.1-2 |
B.2.2.1 |
A |
Conduction of inspection and surveys by the national supervisory authority to ensure supervision of compliance with EC Regulation 550/2004 in particular with regard to the safe and efficient operation of air navigation service providers which provide services relating to the airspace falling under the responsibility of the Contracting Party. The air navigation service provider concerned shall facilitate such work. |
2.3 |
B.2.2.2 |
B |
Agreements on supervision that ensure inspections and surveys of the air navigation service providers providing services in a FAB shall be made between countries that participate in that FAB. |
2.4-6 |
B.2.2.3 |
A |
Arrangements on supervision that ensure inspection and surveys on ANSP of countries providing services at another county's airspace shall be made between those countries. Those arrangements shall include arrangements for handling of cases involving non-compliance with the applicable requirements. |
4 |
|
A |
Implementing rules regarding safety requirements listed in Annex IV to the EU-Israel Euro-Mediterranean Aviation Agreement shall apply. |
7.1 |
B.2.7.1 |
A |
Air navigation service providers shall be subject to certification by the Contracting Parties. |
7.3 |
B.2.7.2 |
A |
National supervisory authorities shall issue certificates to ANSP that are compliant with Regulation 1035/2011 and applicable national law. |
7.3 |
B.2.7.3 |
A |
Certificate may be issued individually for each type of service defined in article 2 of Regulation 549/2004, or for a bundle of such services. |
7.3 |
B.2.7.4 |
A |
The certificate shall be checked on a regular basis. |
7.4 + Annex II |
B.2.7.5 |
A |
Certificates shall specify the rights and obligations of air navigation service providers, including non-discriminatory access to services for airspace users, with particular regard to safety. Certification may be subject only to the conditions set out in Annex II of Regulation 550/2004. Such conditions shall be objectively justified, non-discriminatory, proportionate and transparent. |
7.5 |
B.2.7.6 |
A |
Contracting Parties may allow provision of air navigation services without certification where the movements are primarily not general air traffic. |
7.6 |
B.2.7.7 |
B |
The issue of certificates shall confer on air navigation service providers the possibility of offering their services to other Contracting Parties, other air navigation service providers, airspace users and airports within the Contracting Parties. |
7.7 |
B.2.7.8 |
A |
National supervisory authorities shall monitor compliance with certificate. |
7.7 |
B.2.7.9 |
A |
If a national supervisory authority finds that the holder of a certificate no longer satisfies such requirements or conditions, it shall take appropriate measures while ensuring continuity of services. Such measures may include the revocation of the certificate. |
7.8 |
B.2.7.10 |
B |
A Contracting Party shall recognize any certificate issued in another Contracting Party in accordance with the standards and regulatory requirements relating to air traffic management specified in this Annex. |
8.1 |
B.2.8.1 |
A |
Contracting Parties shall ensure the provision of air traffic services on an exclusive basis within specific airspace blocks in respect of the airspace under their responsibility. For this purpose, Contracting Parties shall designate an air traffic service provider holding a valid certificate within the Contracting Parties. |
8.2 |
B.2.8.2 |
B |
Legal systems shall not prevent cross border services by requiring ANSP (a) be owned directly or through majority holding by a certain state/its nationals (b) registered office/principal place of operation in that state (c) use only facilities in that state. |
8.3 |
B.2.8.3 |
A |
Contracting Parties shall define the rights and obligations to be met by the designated service providers. The obligations may include conditions for the timely supply of relevant information enabling all aircraft movements in the airspace under their responsibility to be identified. |
8.4 |
B.2.8.4 |
A |
Contracting Parties have discretionary powers in choosing a service provider, on condition that the latter fulfils the requirements and conditions referred to in standards and regulatory requirements in relating to air traffic management specified in this Annex. |
8.5 |
B.2.8.4 |
B |
In respect of functional airspace blocks established in accordance with Article 9a that extend across the airspace under the responsibility of more than one Contracting Party, the Contracting Parties concerned shall jointly designate, in accordance with paragraph 1 of Article 8 of Regulation 550/2004, one or more air traffic service providers, at least one month before implementation of the airspace block. |
9 |
B.2.9.1 |
A |
Contracting Parties may designate a provider of meteorological services to supply all or part of meteorological data on an exclusive basis in all or part of the airspace under their responsibility, taking into account safety considerations. |
9a.1 |
B.2.9a.1 |
B |
Contracting Parties shall take all necessary measures in order to ensure the implementation of functional airspace blocks with a view to achieving the required capacity and efficiency of the air traffic management network within the single European sky and maintaining a high level of safety and contributing to the overall performance of the air transport system and a reduced environmental impact. Contracting Parties shall cooperate to the fullest extent possible with each other, in particular Contracting Parties establishing neighbouring functional airspace blocks, in order to ensure compliance with this provision. |
9a.2 |
B.2.9a.2 |
B |
Functional airspace blocks shall, in particular: (a) be supported by a safety case; (b) enable optimum use of airspace, taking into account air traffic flows; (c) ensure consistency with the European route network established in accordance with Article 6 of the airspace Regulation; (d) be justified by their overall added value, including optimal use of technical and human resources, on the basis of cost-benefit analyses; (e) ensure a smooth and flexible transfer of responsibility for air traffic control between air traffic service units; (f) ensure compatibility between the different airspace configurations, optimising, inter alia, the current flight information regions; (g) comply with conditions stemming from regional agreements concluded within the ICAO; (h) respect regional agreements in existence on the date of entry into force of Regulation 550/2004; and (i) facilitate consistency with performance targets. |
9a.3 |
B.2.9a.3 |
B |
A functional airspace block shall only be established by mutual agreement between all the Contracting Parties and, where appropriate, third countries who have responsibility for any part of the airspace included in the functional airspace block. Before the establishment of a functional airspace block, the Contracting Party(s) concerned shall provide the other Contracting Parties and other interested parties with adequate information and give them an opportunity to submit their observations. |
9a.4 |
B.2.9a.4 |
B |
Where a functional airspace block relates to airspace that is wholly or partly under the responsibility of two or more Contracting Parties, the agreement by which the functional airspace block is established shall contain the necessary provisions concerning the way in which the block can be modified and the way in which a Contracting Party can withdraw from the block, including transitional arrangements. |
9a.5 |
B.2.9a.5 |
B |
Where difficulties arise between two or more Contracting Parties with regard to a cross-border functional airspace block that concerns airspace under their responsibility, the Contracting Parties concerned may jointly bring the matter to the Single Sky Committee for an opinion. The opinion shall be addressed to the Contracting Parties concerned. Without prejudice to Standard B.2.9a.3, the Contracting Parties shall take that opinion into account in order to find a solution. |
10.1 |
B.2.10.1 |
A |
Air navigation service providers may avail themselves of the services of other service providers that have been certified in the Contracting Parties. |
10.2 |
B.2.10.2 |
A |
Air navigation service providers shall formalize their working relationships by means of written agreements or equivalent legal arrangements, setting out the specific duties and functions assumed by each provider and allowing for the exchange of operational data between all service providers in so far as general air traffic is concerned. Those arrangements shall be notified to the national supervisory authority or authorities concerned. |
10.3 |
B.2.10.3 |
A |
In cases involving the provision of air traffic services, the approval of the Contracting Parties concerned shall be required. In cases involving the provision of meteorological services, the approval of the Contracting Parties concerned shall be required if they have designated a provider on an exclusive basis in accordance with Standard B.2.9.1. |
11 |
B.2.10.4 |
A |
Contracting Parties shall, within the context of the common transport policy, take the necessary steps to ensure that written agreements between the competent civil and military authorities or equivalent legal arrangements are established or renewed in respect of the management of specific airspace blocks. |
12(1) |
B.2.12.1 |
A |
Air navigation service providers, whatever their system of ownership or legal form, shall draw up, submit to audit and publish their financial accounts. |
12(2) |
B.2.12.2 |
A |
In all cases, air navigation service providers shall publish an annual report and regularly undergo an independent audit. |
12(3) |
B.2.12.3 |
A |
When providing a bundle of services, air navigation service providers shall identify and disclose the costs and income deriving from air navigation services, broken down in accordance with the applicable charging system and, where appropriate, shall keep consolidated accounts for other, non-air-navigation services, as they would be required to do if the services in question were provided by separate undertakings. |
12(4) |
B.2.12.4 |
A |
The Contracting Parties shall designate the competent authorities that shall have a right of access to the accounts of service providers that provide services within the airspace under their responsibility. |
13.1 |
B.2.13.1 |
B |
In so far as general air traffic is concerned, relevant operational data shall be exchanged in real-time between all air navigation service providers, airspace users and airports, to facilitate their operational needs. The data shall be used only for operational purposes. |
13.2 |
B.2.13.2 |
B |
Access to relevant operational data shall be granted to appropriate authorities, certified air navigation service providers, airspace users and airports on a non-discriminatory basis. |
13.3 |
B.2.13.3 |
B |
Certified service providers, airspace users and airports shall establish standard conditions of access to their relevant operational data other than those referred to in paragraph 1. National supervisory authorities shall approve such standard conditions. Detailed rules relating to such conditions shall be established, where appropriate, in accordance with the procedure referred to in Article 5(3) of the framework Regulation. |
18.1-18.2 |
B.2.18.1 |
A |
Neither the national supervisory authorities of the Contracting Parties, acting in accordance with their national legislation, nor the Commission shall disclose information of a confidential nature, in particular information about air navigation service providers, their business relations or their cost components. This shall be without prejudice to the right of disclosure by national supervisory authorities of the Contracting Parties or the Commission where this is essential for the fulfilment of their duties, in which case such disclosure shall be proportionate and shall have regard to the legitimate interests of air navigation service providers, airspace users, airports or other relevant stakeholders in the protection of their business secrets. |
B.3: 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) as amended by Regulation (EC) No 1070/2009 of the European Parliament and of the Council of 21 October 2009
Article no. |
Standard No. (Part/Leg#/Art#/Std#) |
Category (either Section A or Section B of Part B of Annex IV) |
Standard |
||||||||||||
1 |
B.3.1.1 |
A |
An objective to support the concept of a progressively more integrated operating airspace within the context of the common transport policy and to establish common procedures for design, planning and management ensuring the efficient and safe performance of air traffic management. The use of airspace shall support the operation of the air navigation services as a coherent and consistent whole in accordance with Regulation (EC) No 550/2004. This shall apply to the airspace within the ICAO EUR and AFI regions where Contracting Parties are responsible for the provision of air traffic services in accordance with the service provision Regulation 550/2004. Contracting Parties may also apply Regulation 551/2004 to airspace under their responsibility within other ICAO regions, on condition that they inform the other Contracting Parties thereof. |
||||||||||||
3.1 |
B.3.3.1 |
B |
The Contracting Parties shall aim at the establishment and recognition by the ICAO of a single EUIR. |
||||||||||||
3.2 |
B.3.3.2 |
B |
The EUIR shall be designed to encompass the airspace falling under the responsibility of the Contracting Parties in accordance with Article 1(3) of Regulation 551/2004 and may also include airspace of European third countries. |
||||||||||||
3.3 |
B.3.3.3 |
B |
The establishment of the EUIR shall be without prejudice to the responsibility of Contracting Parties for the designation of air traffic service providers for the airspace under their responsibility in accordance with Standard B.2.8.1. |
||||||||||||
3.4 |
B.3.3.4 |
B |
Contracting Parties shall retain their responsibilities towards the ICAO within the geographical limits of the upper flight information regions and flight information regions entrusted to them by the ICAO. |
||||||||||||
3a |
B.3.3a.1 |
A |
Implementing rules on electronic aeronautical information listed in Annex IV of the EU-Israel Euro-Mediterranean Aviation Agreement shall apply. |
||||||||||||
4 |
B.3.4.1 |
A |
Implementing rules on rules of the air and on airspace classification listed in Annex IV of the EU-Israel Euro-Mediterranean Aviation Agreement shall apply. |
||||||||||||
6.1 |
B.3.6.1 |
A |
The air traffic management (ATM) network functions shall allow optimum use of airspace and ensure that airspace users can operate preferred trajectories, while allowing maximum access to airspace and air navigation services. These network functions shall be aimed at supporting initiatives at national level and at the level of functional airspace blocks and shall be executed in a manner which respects the separation of regulatory and operational tasks. |
||||||||||||
6.2 |
B.3.6.2 |
A |
Functions carried out by the Network Manager in route design and management of scarce resources as well as the possibility to appoint e.g. Eurocontrol as Network Manager. |
||||||||||||
6.3 |
B.3.6.3 |
A |
The Commission may add to the list of the functions in standard B.3.6.2 after proper consultation of industry stakeholders. Those measures, designed to amend non-essential elements of Regulation 551/2004 by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 5(4) of the framework Regulation. |
||||||||||||
6.4 |
B.3.6.4 |
A |
Detailed rules for the implementation of the measures referred to in Article 6 of the Airspace Regulation (551/2004), except for those referred to in paragraphs 6 to 9 of article 6 of Regulation 551/2004 listed in Annex IV of the EU-Israel Euro-Mediterranean Aviation Agreement shall apply. Those implementing rules shall address in particular:
|
||||||||||||
6.5 |
B.3.6.5 |
A |
Aspects of airspace design other than those referred to in paragraph 2 of article 6 of Regulation 551/2004 shall be dealt with at national level or at the level of functional airspace blocks. This design process shall take into account traffic demands and complexity, national or functional airspace block performance plans and shall include full consultation of relevant airspace users or relevant groups representing airspace users and military authorities as appropriate. |
||||||||||||
6.6 |
B.3.6.6 |
B |
Contracting Parties shall entrust Eurocontrol or another impartial and competent body with the performance of air traffic flow management, subject to appropriate oversight arrangements. |
||||||||||||
6.7 |
B.3.6.7 |
A |
Implementing rules on air traffic flow management listed in Annex IV of the EU-Israel Euro-Mediterranean Aviation Agreement shall apply. |
||||||||||||
7.1 |
B.3.7.1 |
A |
Taking into account the organisation of military aspects under their responsibility, Contracting Parties shall ensure the uniform application within the Single European Sky of the concept of the flexible use of airspace as described by the ICAO and as developed by Eurocontrol, in order to facilitate airspace management and air traffic management in the context of the common transport policy. |
||||||||||||
7.3 |
B.3.7.2 |
A |
Implementing rules on flexible use of airspace listed in Annex IV of the EU-Israel Euro-Mediterranean Aviation Agreement shall apply. |
||||||||||||
8.1 |
B.3.8.1 |
A |
In cases where the application of Article 7 of regulation 551/2004 gives rise to significant operational difficulties, Contracting Parties may temporarily suspend such application on condition that they inform without delay the Joint Committee. |
||||||||||||
8.2 |
B.3.8.2 |
A |
Following the introduction of a temporary suspension, adjustments to the rules adopted under Article 7(3) of Regulation 551/2004 may be worked out for the airspace under the responsibility of the Contracting Party(s) concerned. |
B.4: 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) as amended by Regulation (EC) No 1070/2009 of the European Parliament and of the Council of 21 October 2009
Article no. |
Standard No. (Part/Leg#/Art#/Std#) |
Category (either Section A or Section B of Part B of Annex IV) |
Standard |
1 + Annex I |
B.4.1.1 |
A |
Within the scope of the framework Regulation, Regulation 552/2004 concerns the interoperability of the EATMN. It shall apply to the systems, their constituents and associated procedures identified in Annex I of Regulation 552/2004. The objective is to achieve interoperability between the different systems, constituents and associated procedures of the EATMN, taking due account of the relevant international rules and aiming also at ensuring the coordinated and rapid introduction of new agreed and validated concepts of operations or technology in air traffic management. |
2 + Annex II |
B.4.2.1 |
A |
The EATMN, its systems and their constituents and associated procedures shall meet essential requirements. The essential requirements are set out in Annex II of Regulation 552/2004. |
3 |
B.4.3.1 |
A |
Implementing rules for interoperability listed in Annex IV of the EU-Israel Euro-Mediterranean Aviation Agreement shall apply. Systems, constituents and associated procedures shall comply with the relevant implementing rules for interoperability throughout their lifecycle. Implementing rules for interoperability shall in particular: (a) determine any specific requirements that complement or refine the essential requirements, in particular in terms of safety, seamless operation and performance; and/or (b) describe, where appropriate, any specific requirements that complement or refine the essential requirements, in particular regarding the coordinated introduction of new, agreed and validated concepts of operation or technologies; and/or (c) determine the constituents when dealing with systems; and/or (d) describe the specific conformity assessment procedures involving, where appropriate, notified bodies as referred to in Article 8 of 552/2004, based on the modules defined in Decision 93/465/EEC to be used to assess either the conformity or the suitability for use of constituents as well as the verification of systems; and/or (e) specify the conditions of implementation including, where appropriate, the date by which all relevant stakeholders are required to comply with them. The preparation, adoption and review of implementing rules for interoperability shall take into account the estimated costs and benefits of technical solutions by means of which they may be complied with, with a view to defining the most viable solution, having due regard to the maintenance of an agreed high level of safety. An assessment of the costs and benefits of those solutions for all stakeholders concerned shall be attached to each draft implementing rule for interoperability. Implementing rules for interoperability shall be established in accordance with the procedure under Article 8 of the framework Regulation. |
4(2) |
|
A |
Compliance with the essential requirements and/or the implementing rules for interoperability shall be presumed for systems, together with the associated procedures, or constituents that meet the relevant Community specifications and whose reference numbers have been published in the Official Journal of the European Union. |
5 + Annex III |
B.4.5.1 |
A |
Constituents shall be accompanied by an EC declaration of conformity or suitability for use. The elements of this declaration are set out in Annex III of Regulation 552/2004. The manufacturer, or its authorised representative established in the Contracting Parties, shall ensure and declare, by means of the EC declaration of conformity or suitability for use that he has applied the provisions laid down in the essential requirements and in the relevant implementing rules for interoperability. Compliance with the essential requirements and the relevant implementing rules for interoperability shall be presumed in relation to those constituents that are accompanied by the EC declaration of conformity or suitability for use. The relevant implementing rules for interoperability shall identify, where appropriate, the tasks pertaining to the assessment of conformity or suitability for use of constituents to be carried out by the notified bodies referred to in Article 8 of Regulation 552/2004. |
6 + Annex IV |
B.4.6.1 |
A |
Systems shall be subject to an EC verification by the air navigation service provider in accordance with the relevant implementing rules for interoperability, in order to ensure that they meet the essential requirements of Regulation 552/2004 and the implementing rules for interoperability, when integrated into the EATMN. Before a system is put into service, the relevant air navigation service provider shall establish an EC declaration of verification, confirming compliance, and shall submit it to the national supervisory authority together with a technical file. The elements of this declaration and of the technical file are set out in Annex IV of Regulation 552/2004. The national supervisory authority may require any additional information necessary to supervise such compliance. The relevant implementing rules for interoperability shall identify, where appropriate, the tasks pertaining to the verification of systems to be carried out by the notified bodies as referred to in Article 8 of Regulation 552/2004. The EC declaration of verification shall be without prejudice to any assessments that the national supervisory authority may need to carry out on grounds other than interoperability. |
6a |
B.4.6a.1 |
A |
A certificate issued in accordance with 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, where it applies to constituents or systems, shall be considered, for the purposes of Articles 5 and 6 of Regulation 552/2004, as an EC declaration of conformity or suitability for use, or as an EC declaration of verification, if it includes a demonstration of compliance with the essential requirements of Regulation 552/2004 and the relevant implementing rules for interoperability. |
7.1 |
B.4.7.1 |
A |
Where the national supervisory authority ascertains that: (a) a constituent accompanied by an EC declaration of conformity or suitability for use, or (b) a system accompanied by the EC declaration of verification, does not comply with the essential requirements and/or relevant implementing rules for interoperability, it shall, with due regard to the need to ensure safety and continuity of operations, take all measures necessary to restrict the area of application of the constituent or the system concerned or to prohibit its use by the entities under the responsibility of the authority. |
8.1 |
B.4.8.1 |
A |
Contracting Parties shall notify the Joint Committee of the bodies they have appointed to carry out tasks pertaining to the assessment of conformity or suitability for use referred to in Article 5 of Regulation 552/2004, and/or the verification referred to in Article 6 of Regulation 552/2004, indicating each body's area of responsibility and its identification number obtained from the Commission. |
8.2 |
B.4.8.2 |
A |
Contracting Parties shall apply the criteria provided for in Annex V of Regulation 552/2004 for the assessment of the bodies to be notified. Bodies meeting the assessment criteria provided for in the relevant European standards shall be deemed to meet the said criteria. |
8.3 + Annex V |
B.4.8.3 |
A |
Contracting Parties shall withdraw notification of a notified body which no longer meets the criteria provided for in Annex V of Regulation 552/2004. They shall forthwith inform the Joint Committee thereof. |
8.4 |
B.4.8.4 |
A |
Without prejudice to the requirements referred to in paragraphs 1, 2 and 3 of Article 8 of Regulation 552/2004, Contracting Parties may decide to appoint organisations recognised in conformity with Article 3 of the service provision Regulation as notified bodies. |
B.5: 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 as amended by 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
Article no. |
Standard No. (Part/Leg#/Art#/Std#) |
Category (either Section A or Section B of Part B of Annex IV) |
Standard |
||||
3 |
B.5.3.1 |
A |
The Definitions in Articles 3(da), 3(e), 3(f), 3(g), 3(q), 3(r), 3(s) of regulation 216/2008 as amended by Regulation 1108/2009 shall apply to the standards and requirements relating to air traffic management specified in this Annex. All references to Member States shall be understood to refer to Contracting Parties. |
||||
8b(1) |
B.5.8b.1 |
A |
Provision of ATM/ANS shall comply with the essential requirements set out in Annex Vb of regulation 216/2008 as amended by Regulation 1108/2009. |
||||
8b(2) |
B.5.8b.2 |
A |
ATM/ANS providers shall be required to hold a certificate in accordance with Regulation 1035/2011 and applicable national law. The certificate shall be issued when the provider has demonstrated its capability and means of discharging the responsibilities associated with the provider's privileges. The privileges granted and the scope of the services provided shall be specified in the certificate. |
||||
8b(3) |
B.5.8b.3 |
A |
By way of derogation from Standard B.5.8b.2, Contracting Parties may decide that providers of flight information services shall be allowed to declare their capability and means of discharging the responsibilities associated with the services provided. |
||||
8b(4) |
B.5.8b.4 |
B |
The measures referred to in Standard B.5.8b.6 may lay down a requirement for certification in respect of organisations engaged in the design, manufacture and maintenance of safety-critical ATM/ANS systems and constituents. The certificate for those organisations shall be issued when they have demonstrated their capability and means of discharging the responsibilities associated with their privileges. The privileges granted shall be specified in the certificate. |
||||
8b(5) |
B.5.8b.5 |
A |
The measures referred to in Standard B.5.8b.6 may lay down a requirement for certification, or alternatively, validation by the ATM/ANS provider, in respect of safety-critical ATM/ANS systems and constituents. The certificate for those systems and constituents shall be issued, or validation shall be given, when the applicant has shown that the systems and constituents comply with the detailed specifications established to ensure compliance with the essential requirements referred to in Standard B.5.8b.1. |
||||
8b(6) |
B.5.8b.6 |
A |
Implementing rules on ATM/ANS referred to in Article 8b(6) of Regulation 216/2008 as amended by Regulation 1108/2009 and listed in Annex IV of the EU-Israel Euro-Mediterranean Aviation Agreement shall apply. |
||||
8c(1) |
B.5.8c.1 |
A |
Air traffic controllers as well as persons and organisations involved in the training, testing, checking or medical assessment of air traffic controllers, shall comply with the relevant essential requirements set out in Annex Vb of Regulation 216/2008 as amended by Regulation 1108/2009. |
||||
8c(2) |
B.5.8c.2 |
A |
Air traffic controllers shall be required to hold a licence and a medical certificate appropriate to the service provided. |
||||
8c(3) |
B.5.8c.3 |
A |
The licence referred to in Standard B.5.8c.2 shall only be issued when the applicant for the licence demonstrates that he or she complies with the rules established to ensure compliance with the essential requirements regarding theoretical knowledge, practical skill, language proficiency and experience as set out in Annex Vb of Regulation 216/2008 as amended by Regulation 1108/2009. |
||||
8c(4) |
B.5.8c.4 |
A |
The medical certificate referred to in Standard B.5.8c.2 shall only be issued when the air traffic controller complies with the rules established to ensure compliance with the essential requirements on medical fitness as set out in Annex Vb of Regulation 216/2008 as amended by Regulation 1108/2009. The medical certificate may be issued by aero medical examiners or by aero medical centres. |
||||
8c(5) |
B.5.8c.5 |
A |
The privileges granted to the air traffic controller and the scope of the licence and the medical certificate shall be specified in such licence and certificate. |
||||
8c(6) |
B.5.8c.6 |
A |
The capability of air traffic controller training organisations, aero medical examiners and aero medical centres to discharge the responsibilities associated with their privileges in relation to the issuance of licences and medical certificates shall be recognised by the issuance of a certificate. |
||||
8c(7) |
B.5.8c.7 |
A |
A certificate shall be issued to training organisations, aero medical examiners and aero medical centres for air traffic controllers that have demonstrated that they comply with the rules established to ensure compliance with the relevant essential requirements as set out in Annex Vb of Regulation 216/2008 as amended by Regulation 1108/2009. The privileges granted by the certificate shall be specified therein. |
||||
8c(8) |
B.5.8c.8 |
A |
Persons responsible for providing practical training or for assessing air traffic controllers’ skill shall hold a certificate. The certificate shall be issued when the person concerned has demonstrated that he or she complies with the rules established to ensure compliance with the relevant essential requirements as set out in Annex Vb of Regulation 216/2008 as amended by Regulation 1108/2009. The privileges granted by the certificate shall be specified therein. |
||||
8c(9) |
B.5.8c.9 |
A |
Synthetic training devices shall comply with the relevant essential requirements set out in Annex Vb of Regulation 216/2008 as amended by Regulation 1108/2009. |
||||
8c(10) |
B.5.8c.10 |
A/B(1) |
Implementing rules referred to in Article 10 of of Regulation 216/2008 as amended by Regulation 1108/2009 and listed in Annex IV of the EU-Israel Euro-Mediterranean Aviation Agreement shall apply. |
||||
Annex Vb (1) |
B.5.Vb.1 |
A |
|
||||
Annex Vb (2) |
B.5.Vb.2 |
A |
The essential requirements in Annex Vb (2) of regulation 216/2008 as amended by Regulation 1108/2009 shall apply. |
||||
Annex Vb (3) |
B.5.Vb.3 |
A |
The essential requirements in Annex Vb (3) of regulation 216/2008 as amended by Regulation 1108/2009 shall apply. |
||||
Annex Vb (4) |
B.5. Vb.4 |
A/B(1) |
The essential requirements in Annex Vb (4) of regulation 216/2008 as amended by Regulation 1108/2009 shall apply |
||||
Annex Vb (5) |
B.5.Vb.5 |
A |
The essential requirements in Annex Vb (5) of regulation 216/2008 as amended by Regulation 1108/2009 shall apply. |
PART C: Environment
C.1: Directive 2002/30/EC on the establishment of rules and procedures with regard to the introduction of noise-related operating restrictions at Community airports
Article No. |
Standard No. (Part/Leg#/Art#/Std#) |
Standard |
||||
3 |
C.1.3.1 |
The Contracting Parties shall ensure that there are competent authorities responsible for matters regarding the introduction of noise-related operating restrictions at airports. |
||||
4 |
C.1.4.1 |
The Contracting Parties shall adopt a balanced approach in dealing with noise problems at airports in their territory. They may also consider economic incentives as a noise management measure. |
||||
|
C.1.4.2 |
When considering operating restrictions, the competent authorities shall take into account the likely costs and benefits of the various measures available as well as airport-specific characteristics. |
||||
|
C.1.4.3 |
Measures or a combination of measures taken shall not be more restrictive than necessary in order to achieve the environmental objective established for a specific airport. They shall be non-discriminatory on grounds of nationality or identity of air carrier or aircraft manufacturer. |
||||
|
C.1.4.4 |
Performance-based operating restrictions shall be based on the noise performance of the aircraft as determined by the certification procedure conducted in accordance with Volume 1 of Annex 16 to the Convention on International Civil Aviation. |
||||
5 + Annex II (1-3) |
C.1.5.1 |
When a decision on operating restrictions is being considered, the information as specified in Annex II paragraphs 1-3 of directive 2002/30/EC shall, as far as appropriate and possible, for the operating restrictions concerned and for the characteristics of the airport, be taken into account. |
||||
7 |
C.1.7.1 |
Rules of assessment of operating restrictions shall not apply to:
|
||||
9 |
C.1.9.1 |
In individual cases, Contracting Parties may authorize, at airports situated in their territory, individual operations of aircraft which could not take place on the basis of the other provisions of Directive 2002/30/EC in cases that:
|
||||
10 |
C.1.10.1 |
Contracting Parties shall ensure that, for the application of operating restrictions, procedures for consultation of interested parties are established in accordance with applicable national law. |
||||
11 |
C.1.11.1 |
A Contracting Party shall forthwith inform the other Contracting Party of any new operating restriction that it has decided to introduce at an airport in its territory. |
||||
12 |
C.1.12.1 |
Contracting Parties shall ensure the right to appeal against the decisions regarding operating restrictions before an appeal body other than the authority that has adopted the contested decision, in accordance with national legislation and procedures. |
||||
Annex II (1-3) |
|
Information referred to in Standard C.1.5.1. |
C.2: Directive 2006/93/EC Regulation of the operation of aeroplanes covered by Part II, Chapter 3, Volume 1 of Annex 16 to the Convention on International Civil Aviation, second edition (1988)
Article No. |
Standard No. |
Standard |
||||
1 |
C.2.1.1 |
Applicability:
|
||||
2 |
C.2.2.2 |
Civil subsonic jet aeroplanes shall comply with the standards specified in Part II, Chapter 3, Volume 1 of Annex 16 to the Convention |
||||
3 |
C.2.3.1 |
Exemptions from the requirement to operate Civil subsonic jet aeroplanes according to the standards specified in Part II, Chapter 3, Volume 1 of Annex 16 to the Convention can be given in cases of: (a) aeroplanes with historical interest; (b) temporary use of aeroplanes whose operations are of such an exceptional nature that it would be unreasonable to withhold a temporary exemption; and (c) temporary use of aeroplanes on non-revenue flights for the purposes of alterations, repair or maintenance. |
||||
3 |
C.2.3.2 |
A Contracting Party shall inform the competent authorities of the other Contracting Parties of the exemption given in case of historical interest. Every Contacting Party shall recognise the exemptions granted by another Contracting Party in respect of aeroplanes entered on the registers of the latter. |
||||
5 |
C.2.5.1 |
The Contracting Parties shall lay appropriate enforcement measures applicable to infringements of the national provisions adopted pursuant to Directive 2006/93/EC and shall take all measures necessary to ensure that those measures are implemented. The measures provided for must be effective, proportionate and dissuasive. |
PART D: Air Carrier Liability
D.1: Council Regulation (EC) No 2027/97 on air carrier liability in the event of accidents as amended by Regulation (EC) No 889/2002
Article No |
Standard No. |
Standard |
2(1)(a), 2(1)(c)-(g) |
D.1.2.1 |
The Definitions in Article 2 shall apply to the regulatory requirements and standards relating to air carrier liability in the event of accidents specified in this Annex. |
3 |
D.1.3.1 |
Application of the Montreal Convention 1999 by the Contracting Parties, including to domestic flights. |
5 |
D.1.5.1 |
The Contracting Parties shall ensure that air carriers make advance payments to natural persons entitled to compensation as may be required to meet immediate economic needs on a basis proportional to the hardship suffered |
6 |
D.1.6.1 |
The Contracting Parties shall ensure that all air carriers make available to passengers at all points of sale a summary of the main provisions governing liability for passengers and their baggage. |
PART E: Consumer Rights
E.1: Directive 90/314/EEC on package travel, package holidays and package tours
Article No. |
Standard No. (Part/Leg#/Art#/Std#) |
Standard |
||||||||||||||||||||||||||||
1 |
E.1.1.1 |
Approximation of the laws, regulations and administrative provisions of the Contracting Parties relating to packages sold or offered for sale in the territory of the Contracting Parties. |
||||||||||||||||||||||||||||
2 |
E.1.2.1 |
The Definitions in Article 2 of Directive 90/314/EEC shall apply to the standards and requirements relating to package travel, package holidays and package tours specified in this Annex as applicable and as appropriate. For the purpose of this annex, the following definition of 'package' shall apply: 'package' means the pre-arranged combination of not fewer than two of the following when sold or offered for sale at an inclusive price:
The separate billing of various components of the same package shall not absolve the organizer or retailer from the obligations under this Annex; |
||||||||||||||||||||||||||||
3 |
E.1.3.1 |
Organizer and retailer must provide full and accurate information. When a brochure is made available to the consumer, it shall indicate in a legible, comprehensible and accurate manner both the price and adequate information concerning:
The information which provided is binding unless the following terms are fulfilled:
|
||||||||||||||||||||||||||||
4(1), 4(2) |
E.1.4.1 |
The organizer and/or the retailer shall provide the consumer, in writing or any other appropriate form, before the contract is concluded, with general information on passport and visa requirements applicable and in particular on the periods for obtaining them, as well as with information on the health formalities required for the journey and the stay; The organizer and/or retailer shall also provide the consumer, in writing or any other appropriate form, with the following information in good time before the start of the journey:
Depending on the particular package, the contract shall contain at least the elements listed below as long as relevant to the particular package;
All the terms of the contract shall be set out in writing or such other form as is comprehensible and accessible to the consumer and must be communicated to him before the conclusion of the contract; the consumer shall also be given a copy of these terms. |
||||||||||||||||||||||||||||
4(4) |
E.1.4.2 |
Prohibition to change the price unless the contract expressly provides for the possibility of upward or downward revision and states precisely how the revised price is to be calculated and solely to allow for variations in:
During a fixed period of time, to be determined in the relevant legislation of the Contracting Party, prior to the departure date stipulated, the price stated in the contract shall not be increased provided that the consumer has paid the full price of the package. |
||||||||||||||||||||||||||||
4(5) |
E.1.4.3 |
in the event of changing an essential term of the contract before the departure, the consumer will have the right to:
|
||||||||||||||||||||||||||||
4(6) |
E.1.4.4 |
In the event of cancellation of the package before the agreed date of departure for reasons which are not the fault of the consumer, the consumer will be entitled:
In such a case, he shall be entitled, if appropriate, to be compensated by either the organizer or the retailer, whichever the relevant Contracting Party's law requires, for non-performance of the contract, except where:
|
||||||||||||||||||||||||||||
4(7) |
E.1.4.5 |
Where, after departure, a significant proportion of the services contracted for is not provided or the organizer perceives that he will be unable to procure a significant proportion of the services to be provided the consumer shall be entitled to: Suitable alternative arrangements, at no extra cost to the consumer, for the continuation of the package, and where appropriate, compensation for the difference between the services offered and those supplied. If it is impossible to make such arrangements or these are not accepted by the consumer for good reasons, the organizer shall, where appropriate, provide the consumer, at no extra cost, with equivalent transport back to the place of departure, or to another return-point to which the consumer has agreed and shall, where appropriate, compensate the consumer. |
||||||||||||||||||||||||||||
5(1) |
E.1.5.1 |
The Contracting Parties shall take the necessary steps to ensure that the organizer and/or retailer party to the contract is liable to the consumer for the proper performance of the obligations arising from the contract, irrespective of whether such obligations are to be performed by that organizer and/or retailer or by other suppliers of services, without prejudice to the right of the organizer and/or retailer to pursue those other suppliers of services. |
||||||||||||||||||||||||||||
5(2)-5(4) |
E.1.5.2 |
The consumer will have a right to compensation in case of failure to perform or the improper performance of the contract unless certain terms which are detailed in Directive 90/314/EEC are fulfilled. The organizer and/or retailer party to the contract shall be required to give prompt assistance to a consumer in difficulty even if the organiser or retailer is not responsible for damages due to the fact that the failures are attributable to a third party unconnected with the provision of the services contracted for, and are unforeseeable or unavoidable, or due to the fact that such failures are due to a case of force majeure such as that defined in Standard E.1.4.4, or to an event which the organizer and/or retailer or the supplier of services, even with all due care, could not foresee or forestall. |
||||||||||||||||||||||||||||
6 |
E.1.6.1 |
In cases of complaint, the organizer and/or retailer must make prompt efforts to find appropriate solutions. |
E.3: Regulation (EC) No 261/2004 Establishing common rules on compensation and assistance to passenger in the event of denied boarding and of cancellation or long delay of flight
Article No. |
Standard No. (Part/Leg#/Art#/Std#) |
Standard |
||||||||
1 |
E.3.1.1 |
Establishment of minimum rights for passengers when: (a) They are denied boarding against their will; (b) their flight is cancelled; (c) their flight is delayed. |
||||||||
2 |
E.3.2.1 |
The Definitions in Article 2 of Regulation (EC) No 261/2004 shall apply to the standards and requirements relating to the establishment of common rules on compensation and assistance to passenger in the event of denied boarding and of cancellation or long delay of flight specified in this Annex as applicable and appropriate. |
||||||||
3(2)-(3) |
E.3.3.1 |
The regulatory requirements and standards shall apply on the condition that passengers:
The regulatory requirements and standards shall not apply to passengers travelling free of charge or at a reduced fare not available directly or indirectly to the public. However, it shall apply to passengers having tickets issued under a frequent flyer programme or other commercial programme by an air carrier or tour operator. |
||||||||
4(1) |
E.3.4.1 |
When an operating air carrier reasonably expects to deny boarding on a flight, it shall first call for volunteers to surrender their reservations in exchange for benefits under conditions to be agreed between the passenger concerned and the operating air carrier. Volunteers shall be assisted in accordance with Article 8 of Regulation 261/2004. Such assistance being additional to the benefits mentioned in this standard. |
||||||||
4(2) |
E.3.4.2 |
If an insufficient number of volunteers come forward to allow the remaining passengers with reservations to board the flight, the operating air carrier may then deny boarding to passengers against their will. |
||||||||
4(3) |
E.3.4.3 |
If boarding is denied to passengers against their will, the operating air carrier shall compensate them and assist them (passengers shall be offered the choice between reimbursement of the cost of the ticket together with, when relevant, a return flight; or re-routing under comparable transport conditions to the final destination at the earliest opportunity; or re-routing under comparable transport conditions to the final destination at a later date at the passenger's convenience subject to availability of seats; meals and refreshments; two telephone calls, fax/e-mail; hotel accommodation, when necessary, and transport between the airport and place of accommodation) in accordance with the relevant legislation of the Contracting Party. |
||||||||
5(1) |
E.3.5.1 |
In case of cancellation of a flight, the passengers concerned shall: (a) be offered assistance by the operating air carrier ((i) choice between reimbursement of the cost of the ticket together with, when relevant, a return flight; or re-routing under comparable transport conditions to the final destination at the earliest opportunity; or re-routing under comparable transport conditions to the final destination at a later date at the passenger's convenience subject to availability of seats; and (ii) in the event of re-routing, meals and refreshments and two telephone calls, fax/e-mail as well as hotel accommodation, when necessary, and transport between the airport and place of accommodation) and (b) have the right to compensation by the operating air carrier, unless they are informed of the cancellation well in advance of the scheduled time of departure (a fixed time period to be determined in the relevant legislation of the Contracting Party) or they are informed at a later stage and are offered re-routing allowing them to depart and reach their final destination within a fixed periods of time (close to the scheduled time of departure and arrival) to be determined in the relevant legislation of the Contracting Party. |
||||||||
5(2) |
E.3.5.2 |
When passengers are informed of the cancellation, an explanation shall be given concerning possible alternative transport. |
||||||||
5(3) |
E.3.5.3 |
An operating air carrier shall not be obliged to pay compensation, if it can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. |
||||||||
5(4) |
E.3.5.4 |
The burden of proof concerning the questions as to whether and when the passenger has been informed of the cancellation of the flight shall rest with the operating air carrier. |
||||||||
6 |
E.3.6.1 |
When an operating air carrier reasonably expects a flight to be delayed beyond its scheduled time of departure by two hours or more, passengers shall be offered assistance by the operating air carrier (meals and refreshments and two telephone calls, fax/e-mail); when the delay is at least five hours, the passenger has a choice of waiting for original flight or reimbursement of the cost of the ticket together with, when relevant, a return flight, and additional assistance of hotel accommodation, when an overnight stay of one or more nights is required, and transport between the airport and place of accommodation. |
||||||||
7 |
E.3.7.1 |
Where compensation is to be provided, passengers shall receive compensation amounting to:
In determining the distance, the basis shall be the last destination at which the denial of boarding or cancellation will delay the passenger's arrival after the scheduled time. When passengers are offered re-routing to their final destination on an alternative flight, the arrival time of which does not exceed the scheduled arrival time of the flight originally booked by certain short fixed period of time to be determined in the relevant legislation of the Contracting Party, the operating air carrier may reduce the compensation by 50 %. The compensation shall be paid in cash, by electronic bank transfer, or cheques or, with the signed agreement of the passenger, in travel vouchers and/or other services. |
||||||||
8(3) |
E.3.8.1 |
When, in the case where a town, city or region is served by several airports, an operating air carrier offers a passenger a flight to an airport alternative to that for which the booking was made, the operating air carrier shall bear the cost of transferring the passenger from that alternative airport either to that for which the booking was made, or to another close-by destination agreed with the passenger. |
||||||||
10(1) |
E.3.10.1 |
If an operating air carrier places a passenger in a class higher than that for which the ticket was purchased, it may not request any supplementary payment. |
||||||||
10(2) |
E.3.10.2 |
If an operating air carrier places a passenger in a class lower than that for which the ticket was purchased, it shall provide reimbursement in accordance with the relevant legislation of the Contracting Party. |
||||||||
11(1) |
E.3.11.1 |
Operating air carriers shall give priority to carrying persons with reduced mobility and any persons or certified service dogs accompanying them, as well as unaccompanied children. |
||||||||
11(2), 9(3) |
E.3.11.2 |
In cases of denied boarding, cancellation and delays, persons with reduced mobility and any persons accompanying them, as well as unaccompanied children, shall have the right to care as soon as possible. When providing care, the operating air carrier shall pay particular attention to the needs of persons with reduced mobility and any persons accompanying them, as well as to the needs of unaccompanied children |
||||||||
12 |
E.3.12.1 |
The standards delivered in Regulation 261/2004 shall apply without prejudice to a passenger's rights to further compensation. The compensation granted under Regulation 261/2004 may be deducted from such compensation. Without prejudice to relevant principles and rules of national law, the above shall not apply to passengers who have voluntarily surrendered a reservation under Article 4(1) of Regulation 261/2004. |
||||||||
13 |
E.3.13.1 |
In cases where an operating air carrier pays compensation or meets the other obligations incumbent on it under Regulation 261/2004, no provision of the Regulation may be interpreted as restricting its right to seek compensation from any person, including third parties, in accordance with the law applicable. In particular, Regulation 261/2004 shall in no way restrict the operating air carrier's right to seek reimbursement from a tour operator or another person with whom the operating air carrier has a contract. Similarly, no provision of the Regulation may be interpreted as restricting the right of a tour operator or a third party, other than a passenger, with whom an operating air carrier has a contract, to seek reimbursement or compensation from the operating air carrier in accordance with applicable relevant laws. |
||||||||
14(1) |
E.3.14.1 |
The operating air carrier shall ensure that at check-in a clearly legible notice containing the following text (or similar content) is displayed in a manner clearly visible to passengers: 'If you are denied boarding or if your flight is cancelled or delayed, ask at the check-in counter or boarding gate for the text stating your rights, particularly with regard to compensation and assistance'. |
||||||||
14(2) |
E.3.14.2 |
An operating air carrier denying boarding or cancelling a flight shall provide each passenger affected with a written notice setting out the rules for compensation and assistance in line with Regulation 261/2004. It shall also provide each passenger affected by a significant delay with an equivalent notice. |
||||||||
15 |
E.3.15.1 |
Obligations vis-à-vis passengers pursuant to this Regulation may not be limited or waived, notably by a derogation or restrictive clause in the contract of carriage. If, nevertheless, such a derogation or restrictive clause is applied in respect of a passenger, or if the passenger is not correctly informed of his rights and for that reason has accepted compensation which is inferior to that provided for in Regulation 261/2004, the passenger shall still be entitled to take the necessary proceedings before the competent courts in order to obtain additional compensation. |
||||||||
16 |
E.3.16.1 |
The Contracting Parties shall ensure the enforcement of these regulatory requirements and standards stemming from Regulation 261/2004. The enforcement measures, which may include enforcement measures based on court rulings in the field of civil law, shall be effective, proportionate and dissuasive. |
E.4: Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air
Article No. |
Standard No. (Part/Leg#/Art#/Std#) |
Standard |
||||
1(1) |
E.4.1.1 |
Establishment of rules for the protection of and provision of assistance to disabled persons and persons with reduced mobility travelling by air, both to protect them against discrimination and to ensure that they receive assistance. |
||||
2 |
E.4.2.1 |
The Definitions in Article 2 of Regulation (EC) No 1107/2006 shall apply to the standards and requirements concerning the rights of disabled persons and persons with reduced mobility when travelling by air specified in this Annex as applicable and appropriate. |
||||
3 |
E.4.3.1 |
An air carrier or its agent or a tour operator shall not refuse, on the ground of disability, to accept a reservation for a flight or to embark a disabled person or a person with reduced mobility, provided that the person concerned has a valid ticket and reservation. |
||||
4(1) |
E.4.4.1 |
An air carrier or its agent or a tour operator may refuse, on the ground of disability, to accept a reservation from or to embark a disabled person or a person with reduced mobility:
In the event of refusal to accept a reservation on the grounds referred to under points (a) or (b), the air carrier, its agent or the tour operator shall make reasonable efforts to propose an acceptable alternative to the person in question. A disabled person or a person with reduced mobility who has been denied embarkation on the grounds of his or her disability or reduced mobility and any person accompanying this person shall be offered the right to reimbursement or re-routing as provided for in Article 8 of Regulation 261/2004. The right to the option of a return flight or re-routing shall be conditional upon all safety requirements being met. |
||||
4(2) |
E.4.4.2 |
In order to meet applicable safety requirements established by international or national law or in order to meet safety requirements established by the authority that issued the air operator's certificate to the air carrier concerned - an air carrier or its agent or a tour operator may require that a disabled person or person with reduced mobility be accompanied by another person who is capable of providing the assistance required by that person. |
||||
4(3) |
E.4.4.3 |
Obligation on carriers or their agents to provide passengers with disability information regarding safety rules that they apply to the carriage of disabled persons and persons with reduced mobility, as well as any restrictions on their carriage or on that of mobility equipment due to the size of aircraft. A tour operator shall make such safety rules and restrictions available for flights included in package travel, package holidays and package tours which it organises, sells or offers for sale. |
||||
4(4) |
E.4.4.4 |
When an air carrier or its agent or a tour operator exercises derogation under standards E.4.4.1 or E.4.4.2, it shall immediately inform the disabled person or person with reduced mobility of the reasons therefore. On request, an air carrier, its agent or a tour operator shall communicate these reasons in writing to the disabled person or person with reduced mobility within a fixed period of time from the request, as short as possible, to be determined in the relevant legislation of the Contracting Party, taking into account the interests of persons with reduced mobility. |
||||
5(1)-5(2) |
E.4.5.1 |
The managing body of an airport shall, taking account of local conditions, designate points of arrival and departure within the airport boundary or at a point under the direct control of the managing body, both inside and outside terminal buildings, at which disabled persons or persons with reduced mobility can, with ease, announce their arrival at the airport and request assistance. The points of arrival and departure shall be clearly signed and shall offer basic information about the airport, in accessible formats. |
||||
6(1) |
E.4.6.1 |
Air carriers, their agents and tour operators shall take all measures necessary for the receipt, at all their points of sale in the territory of the Contracting Parties to which the Treaty applies, including sale by telephone and via the Internet, of notifications of the need for assistance made by disabled persons or persons with reduced mobility. |
||||
6(2)-6(3) |
E.4.6.2 |
When an air carrier or its agent or a tour operator receives a prior notification of the need for assistance, it shall transmit the information concerned before the published departure time for the flight: (a) to the managing bodies of the airports of departure, arrival and transit, and (b) to the operating air carrier, if a reservation was not made with that carrier, unless the identity of the operating air carrier is not known at the time of notification, in which case the information shall be transmitted as soon as practicable. The exact definitions and specifications of "prior notification" shall be determined in the Contracting Parties relevant rules and procedures. |
||||
6(4) + Annex I |
|
As soon as possible after the departure of the flight, an operating air carrier shall inform the managing body of the airport of destination, if situated in the territory of a Contracting Party, of the number of disabled persons and persons with reduced mobility on that flight requiring assistance specified in Annex I of Regulation 1107/2006 and of the nature of that assistance. |
||||
7(1) |
E.4.7.1 |
When a disabled person or person with reduced mobility arrives at an airport for travel by air, the managing body of the airport shall be responsible for ensuring the provision of the assistance specified in Annex I of Regulation 1107/2006 in such a way that the person is able to take the flight for which he or she holds a reservation, provided that the notification of the person's particular needs for such assistance has been made to the air carrier or its agent or the tour operator concerned with prior notice. This notification shall also cover a return flight, if the outward flight and the return flight have been contracted with the same air carrier. The exact definitions and specifications of "prior notice", shall be determined in the Contracting Parties relevant rules and procedures. |
||||
7(2) |
E.4.7.2 |
Where use of a recognised assistance dog is required, this shall be accommodated provided that notification is made to the air carrier or its agent or the tour operator in accordance with applicable national rules covering the carriage of assistance dogs on board aircraft, where such rules exist. |
||||
7(3) |
E.4.7.3 |
If no notification is made in accordance with relevant national rules, the managing body shall make all reasonable efforts to provide assistance in such a way that the person concerned is able to take the flight for which he or she holds a reservation. |
||||
7(4) |
E.4.7.4 |
The provisions of Standard E.4.7.1 shall apply on condition that: (a) the person presents himself or herself in time for check-in (b) the person arrives in time at a point within the airport boundary designated according to standard E.4.5.1. The exact definitions and specifications of "in time", shall be determined in the Contracting Parties relevant rules and procedures. |
||||
7(5) |
E.4.7.5 |
When a disabled person or person with reduced mobility transits through an airport of a Contracting Party, or is transferred by an air carrier or a tour operator from the flight for which he or she holds a reservation to another flight, the managing body shall be responsible for ensuring the provision of the assistance specified in Annex I of Regulation 1107/2006 in such a way that the person is able to take the flight for which he or she holds a reservation. |
||||
7(6)-7(7) |
E.4.7.6 |
On the arrival by air of a disabled person or person with reduced mobility at an airport of a Contracting Party, the managing body of the airport shall be responsible for ensuring the provision of the assistance specified in Annex I of Regulation 1107/2006 in such a way that the person is able to reach his or her point of departure from the airport as referred to in standard E.4.5.1. The assistance provided shall, as far as possible, be appropriate to the particular needs of the individual passenger. |
||||
8 |
E.4.8.1 |
The managing body of an airport shall be responsible for ensuring the provision of the assistance specified in Annex I of Regulation 1107/2006 without additional charge to disabled persons and persons with reduced mobility. The managing body may provide such assistance itself. Alternatively, in keeping with its responsibility, and subject always to compliance with the quality standards referred to in Standard E.4.9.1, the managing body may contract with one or more other parties for the supply of the assistance. In cooperation with airport users, through the Airport Users Committee where one exists, the managing body may enter into such a contract or contracts on its own initiative or on request, including from an air carrier, and taking into account the existing services at the airport concerned. In the event that it refuses such a request, the managing body shall provide written justification. |
||||
9 |
E.4.9.1 |
With the exception of airports whose annual traffic is less than 150 000 commercial passenger movements, the managing body shall set quality standards for the assistance specified in Annex I of Regulation 1107/2006 and determine resource requirements for meeting them, in cooperation with airport users, through the Airport Users Committee where one exists, and organisations representing disabled passengers and passengers with reduced mobility. In the setting of such standards, full account shall be taken of internationally recognised policies and codes of conduct concerning facilitation of the transport of disabled persons or persons with reduced mobility, notably the ECAC Code of Good Conduct in Ground Handling for Persons with Reduced Mobility. The managing body of an airport shall publish its quality standards. An air carrier and the managing body of an airport may agree that, for the passengers whom that air carrier transports to and from the airport, the managing body shall provide assistance of a higher standard than the standards referred to above or provide services additional to those specified in Annex I of Regulation 1107/2006. |
||||
10 + Annex II |
E.4.10.1 |
An air carrier shall provide the assistance specified in Annex II of Regulation 1107/2006 without additional charge to a disabled person or person with reduced mobility departing from, arriving at or transiting through an airport to which Regulation 1107/2006 applies provided that the person in question fulfils the conditions set out in standard E.4.7.1, E.4.7.2 and E.4.7.4. |
||||
11 |
E.4.11.1 |
Air carriers and airport managing bodies shall: (a) ensure that all their personnel, including those employed by any sub-contractor, providing direct assistance to disabled persons and persons with reduced mobility have knowledge of how to meet the needs of persons having various disabilities or mobility impairments; (b) provide disability-equality and disability-awareness training to all their personnel working at the airport who deal directly with the travelling public; (c) ensure that, upon recruitment, all new employees attend disability related training and that personnel receive refresher training courses when appropriate. |
||||
12 |
E.4.12.1 |
Where wheelchairs or other mobility equipment or assistive devices are lost or damaged whilst being handled at the airport or transported on board aircraft, the passenger to whom the equipment belongs shall be compensated, in accordance with rules of international and national law. |
||||
13 |
E.4.13.1 |
Obligations towards disabled persons and persons with reduced mobility pursuant to Regulation1107/2006 shall not be limited or waived. |
||||
14 |
E.4.14.1 |
Each Contracting Party shall designate a body or bodies responsible for the enforcement of Regulation 1107/2006 as regards flights departing from or arriving at airports situated in its territory. Where appropriate, this body or bodies shall take the measures necessary to ensure that the rights of disabled persons and persons with reduced mobility are respected, including compliance with the quality standards referred to in Standard E.4.9.1. The Contracting Parties shall inform each other of the body or bodies designated. |
||||
15 |
E.4.15.1 |
A disabled person or person with reduced mobility who considers that Regulation 1107/2006 has been infringed may bring the matter to the attention of the managing body of the airport or to the attention of the air carrier concerned, as the case may be. If the disabled person or person with reduced mobility cannot obtain satisfaction in such way, complaints may be made to any body or bodies designated under standard E.4.14.1, about an alleged infringement of this Regulation. The Contracting Parties shall take measures to inform disabled persons and persons with reduced mobility of their rights under Regulation 1107/2006 and of the possibility of complaint to the designated body or bodies. |
||||
16 |
E.4.16.1 |
The Contracting Parties shall lay down rules on penalties applicable to infringements of Regulation 1107/2006 and shall take all the measures necessary to ensure that those rules are implemented. The penalties provided for must be effective, proportionate and dissuasive. A Contracting Party shall, upon request from the other Contracting Party, notify the provisions concerning the penalties to that other Contracting Party. |
PART F:
F.1: Council Directive 2000/79/EEC of 27 November 2000 concerning the European agreement on the organisation of working time of mobile workers in civil aviation concluded by the Association of European Airlines (AEA), the European Transport Workers' Federation (ETF), the European Cockpit Association (ECA), the European Regions Airline Association (ERA) and the International Air Carrier Association (IACA)
Clause No. (of the Annex) |
Standard No. (Part/Leg#/Art#/Std#) |
Standard |
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1 |
F.1.1.1 |
The standards and requirements specified in this Annex apply to the working time of mobile staff in civil aviation. |
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2 |
F.1.2.1 |
The Definitions in Clause 2 of Council Directive 2000/79/EEC shall apply to the standards and requirements relating to the working time of mobile workers in civil aviation specified in this Annex as applicable and appropriate. |
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3(1) |
F.1.3.1 |
Flight crew members in civil aviation are entitled to paid annual leave of at least four weeks, in accordance with the conditions for entitlement to, and granting of, such leave laid down by national legislation and/or practice. Cabin crew members in civil aviation are entitled to paid annual leave in accordance with the applicable legislation of the Contracting Party. |
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4(1a) |
F.1.4.1 |
Mobile staff in civil aviation are entitled to a free health assessment before their assignment and thereafter at regular intervals. |
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4(1b) |
F.1.4.2 |
Mobile staff in civil aviation suffering from health problems recognized as being connected with the fact that they also work at night will be transferred whenever possible to mobile or non-mobile day work to which they are suited. |
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4(2) |
F.1.4.3 |
The free health assessment shall comply with medical confidentiality. |
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4(3) |
F.1.4.4 |
The free health assessment may be conducted within the national health system. |
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5(1) |
F.1.5.1 |
Mobile staff in civil aviation will have safety and health protection appropriate to the nature of their work. |
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5(2) |
F.1.5.2 |
Adequate protection and prevention services or facilities with regard to the safety and health of mobile staff in civil aviation will be available at all times |
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6 |
F.1.6.1 |
Necessary measures will be taken to ensure that an employer, who intends to organize work according to a certain pattern, takes account of the general principle of adapting work to the worker. |
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7 |
F.1.7.1 |
Information concerning specific working patterns of mobile staff in civil aviation should be provided to the competent authorities, if they so request. |
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8(1) |
F.1.8.1 |
Working time should be looked at without prejudice to any future legislation in the Contracting Parties on flight and duty time limitations and rest requirements and in conjunction with national legislation on this subject which should be taken into consideration in all related matters. |
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8(2) |
F.1.8.2 |
The maximum block flying time shall be limited to 900 hours. To this purpose - 'Block flying time' means the time a mobile staff member is in position at the cockpit (for flight crew members) or at the cabin (for cabin crew members), from the moment an aircraft first started moving from its parking place for the purpose of taking off until the moment it comes to rest on the designated parking position and until all engines are stopped. A deviation of 15 % for flight crew members and 20 % for cabin crew members in the quantitative figure mentioned in this Standard shall be considered as an equivalent standard. |
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8(3) |
F.1.8.3 |
The maximum annual working time shall be spread as evenly as practicable throughout the year. |
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9 |
F.1.9.1 |
Mobile staff in civil aviation shall be given days free of all duty and standby, which are notified in advance, as follows:
A deviation of 20 % in the quantitative figures mentioned in this Standard shall be considered as an equivalent standard. |