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20.11.2012 Official
Journal
of
the
European
Union
L
321/3
COMMON AVIATION AREA AGREEMENT
between the European Union and its Member States, of the one part, and Georgia, of the other part
THE KINGDOM OF BELGIUM,
THE REPUBLIC OF BULGARIA,
THE CZECH REPUBLIC,
THE KINGDOM OF DENMARK,
THE FEDERAL REPUBLIC OF GERMANY,
THE REPUBLIC OF ESTONIA,
IRELAND,
THE HELLENIC REPUBLIC,
THE KINGDOM OF SPAIN,
THE FRENCH REPUBLIC,
THE ITALIAN REPUBLIC,
THE REPUBLIC OF CYPRUS,
THE REPUBLIC OF LATVIA,
THE REPUBLIC OF LITHUANIA,
THE GRAND DUCHY OF LUXEMBOURG,
THE REPUBLIC OF HUNGARY,
MALTA,
THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA,
THE REPUBLIC OF POLAND,
THE PORTUGUESE REPUBLIC,
ROMANIA,
THE REPUBLIC OF SLOVENIA,
THE SLOVAK REPUBLIC,
THE REPUBLIC OF FINLAND,
THE KINGDOM OF SWEDEN,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
Parties to the Treaty on European Union and the Treaty on the Functioning of the European Union, hereinafter referred to
as the ‘Member States’, and
THE EUROPEAN UNION,
of the one part, and
GEORGIA, hereinafter referred to as ‘Georgia’,
of the other part,
NOTING the Agreement on Partnership and Cooperation between the European Communities and their Member States,
of the one part, and Georgia, of the other part, done at Luxembourg on 22 April 1996;
DESIRING to create a common aviation area (CAA) based on mutual market access to the air transport markets of the
Parties, with equal conditions of competition, and respect of the same rules — including in the areas of safety, security,
air traffic management, social aspects and the environment;

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DESIRING to facilitate the expansion of air transport opportunities, including through the development of air transport
networks to meet the needs of passengers and shippers for convenient air transport services;
RECOGNISING the importance of air transport in promoting trade, tourism and investment;
NOTING the Convention on International Civil Aviation, opened for signature at Chicago on 7 December 1944;
AGREEING that it is appropriate to base the CAA rules on the relevant legislation in force within the European Union, as
laid down in Annex III to this Agreement;
RECOGNISING that full compliance with the CAA rules entitle the Parties to reap its full advantages including opening
access to markets and maximising benefits for the consumers, and the industries and labour of both Parties;
RECOGNISING that the creation of the CAA and implementation of its rules cannot be achieved without transitional
arrangements where necessary;
RECOGNISING the importance of adequate assistance in this regard;
DESIRING to make it possible for air carriers to offer the travelling and shipping public competitive prices and services in
open markets;
DESIRING to have all sectors of the air transport industry, including air carrier workers, benefit in a liberalised agreement;
DESIRING to ensure the highest degree of safety and security in international air transport and reaffirming their grave
concern with regard to acts or threats against the security of aircraft, which jeopardise the safety of persons or property,
adversely affect the operation of air transport and undermine public confidence in the safety of civil aviation;
DESIRING to ensure a level playing field for air carriers, allowing fair and equal opportunity for their air carriers to
provide the agreed services;
RECOGNISING that subsidies may adversely affect air carrier competition and may jeopardise the basic objectives of this
Agreement;
AFFIRMING the importance of protecting the environment in developing and implementing international aviation policy
and recognising the rights of sovereign States to take appropriate measures to this effect;
NOTING the importance of protecting consumers, including the protections afforded by the Convention for the Unifi
cation of Certain Rules for International Carriage by Air, done at Montreal 28 May 1999;
INTENDING to build upon the framework of existing air transport agreements with the goal of opening access to markets
and maximising benefits for the consumers, air carriers, labour, and communities of both Parties,
HAVE AGREED AS FOLLOWS:
Article 1
factory financial capability and adequate managerial
expertise and is disposed to comply with the laws, regu
Definitions
lations, and requirements which govern the operation of
For the purposes of this Agreement, unless otherwise stated, the
such services;
term:
(1) ‘agreed services’ and ‘specified routes’ mean international
(6) ‘citizenship’ means whether an air carrier satisfies
air transport pursuant to Article 2 (Grant of rights) of, and
requirements regarding such issues as its ownership,
Annex I to, this Agreement;
effective control, and principal place of business.
(2) ‘Agreement’ means this Agreement, its Annexes, and any
amendments thereto;
(7) ‘Convention’ means the Convention on International Civil
Aviation, opened for signature at Chicago on 7 December
1944, and includes:
(3) ‘air transport’ means the carriage by aircraft of passengers,
baggage, cargo, and mail, separately or in combination,
held out to the public for remuneration or hire, which,
for the avoidance of doubt, shall include scheduled and
(a) any amendment that has entered into force under
non-scheduled (charter) air transport, and full cargo
Article 94(a) of the Convention and has been ratified
services;
by both Georgia and the Member State or Member
States of the European Union; and
(4) ‘competent authorities’ means the government agencies or
entities responsible for the administrative functions under
this Agreement;
(b) any Annex or any amendment thereto adopted under
Article 90 of the Convention, in so far as such Annex
or amendment is at any given time effective for both
(5) ‘fitness’ means whether an air carrier is fit to operate inter
Georgia and the Member State or Member States of the
national air services, that is to say, whether it has satis
European Union as is relevant to the issue in question;

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(8) ‘fifth freedom right’ means the right or privilege granted by
(i) ‘air fares’ to be paid to air carriers or their agents or
one State (the ‘Granting State’) to the air carriers of
other ticket sellers for the carriage of passengers and
another State (‘the Recipient State’), to provide inter
baggage on air services and any conditions under
national air transport services between the territory of
which those prices apply, including remuneration and
the Granting State and the territory of a third state,
conditions offered to agency and other auxiliary
subject to the condition that such services originate or
services; and
terminate in the territory of the Recipient State;
(ii) ‘air rates’ to be paid for the carriage of cargo and the
(9) ‘full cost’ means the cost of providing service plus a
conditions under which those prices apply, including
reasonable charge for administrative overhead and where
remuneration and conditions offered to agency and
relevant any applicable charges aimed at reflecting envi
other auxiliary services.
ronmental costs and applied without distinction as to
nationality;
This definition covers, where applicable, the surface trans
portation in connection with international air transport,
(10) ‘international air transportation’ means air transportation
and the conditions to which their application is subject.
which passes through the air space over the territory of
more than one State;
(17) ‘principal place of business’ means the head office or
registered office of an air carrier in the Party within
(11) ‘ECAA Agreement’ means the multilateral Agreement
which the principal financial functions and operational
between the European Community and its Member
control, including continued airworthiness management,
States, the Republic of Albania, Bosnia and Herzegovina,
of the air carrier are exercised;
the Republic of Croatia, the former Yugoslav Republic of
Macedonia, the Republic of Iceland, the Republic of
Montenegro, the Kingdom of Norway, the Republic of
(18) ‘public service obligation’ means any obligation imposed
Serbia and the United Nations Interim Administration
upon air carriers to ensure on a specified route the
Mission in Kosovo
( 1 ) on the establishment of a
minimum provision of scheduled air services satisfying
European common aviation area;
fixed standards of continuity, regularity, pricing and
minimum capacity which air carriers would not assume
if they were solely considering their commercial interest.
(12) ‘Euromed country’ means any Mediterranean country
Air carriers may be compensated by the Party concerned
involved in the European Neighbourhood Policy (which
for fulfilling public service obligations;
are, on the date of signature of the Agreement,
Morocco, Algeria, Tunisia, Libya, Egypt, Lebanon, Jordan,
Israel, the Palestinian territory, Syria and Turkey);
(19) ‘subsidy’ means any financial contribution granted by the
authorities or a regional organisation or another public
organisation, i.e. when:
(13) ‘national’ means any person having Georgian nationality
for the Georgian Party, or the nationality of a Member
State for the European Party, or entity, in so far as, in
(a) a practice of a government or regional body or other
the case of a legal entity, it is at all times under the
public organisation involves a direct transfer of funds
effective control, be it directly or by majority participation,
such as grants, loans or equity infusion, potential
of persons having Georgian nationality for the Georgian
direct transfer of funds to the company, the
Party, or persons or entities having the nationality of a
assumption of liabilities of the company such as loan
Member State or one of the third countries identified in
guarantees, capital injections, ownership, protection
Annex IV for the European Party;
against bankruptcy or insurance;
(14) ‘operating licences’ means, in the case of the European
(b) revenue of a government or regional body or other
Union and its Member States operating licences and any
public organisation that is otherwise due is foregone,
other relevant documents or certificates given under the
not collected, or unduly diminished;
relevant EU legislation in force and, in the case of
Georgian licences, certificates or permits given under the
relevant Georgian legislation in force;
(c) a government or regional body or other public organi
sation provides goods or services other than general
infrastructure, or purchases goods or services; or
(15) ‘Parties’ shall mean, on the one hand, the European Union
or its Member States, or the European Union and its
Member States, in accordance with their respective
(d) a government or regional body or other public organi
powers (the European Party), and, on the other hand,
sation makes payments to a funding mechanism or
Georgia (the Georgian Party);
entrusts or directs a private body to carry out one
or more of the type of functions illustrated under
(a), (b) and (c) which would normally be vested in
(16) ‘price’ means:
the government and, in practice, in no real sense
differs from practices normally followed by govern
( 1 ) Pursuant to UN Security Council Resolution 1244 of 10 June 1999.
ments;

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and where a benefit is thereby conferred.
(a) Georgia the right to take on board, in the territory of any
Member State, passengers, baggage, cargo, and/or mail
carried for compensation and destined for another point
(20) ‘SESAR’ means the technical implementation of the single
in the territory of that Member State;
European sky which provides a coordinated, synchronised
research, development and deployment of the new gener
ations of air traffic management systems;
(b) the European Union the right to take on board, in the
territory of Georgia, passengers, baggage, cargo, and/or
mail carried for compensation and destined for another
point in the territory of Georgia.
(21) ‘territory’ means, for Georgia, the land areas and territorial
waters adjacent thereto under its sovereignty, suzerainty,
protection or mandate, and, for the European Union, the
Article 3
land areas (mainland and islands), internal waters and terri
torial sea in which the Treaty on European Union and the
Authorisation
Treaty on the Functioning of the European Union is
1. On
receipt
of
applications
for
operating
authorisation
applied and under the conditions laid down in those
from an air carrier of one Party the competent authorities of
Treaties and any successor instrument. The application of
the other Party shall grant appropriate authorisations with
this Agreement to Gibraltar airport is understood to be
minimum procedural delay, provided that:
without prejudice to the respective legal positions of the
Kingdom of Spain and the United Kingdom with regard to
the dispute over sovereignty over the territory in which the
(a) for an air carrier of Georgia:
airport is situated and to the continuing suspension of
Gibraltar airport from EU aviation measures existing as
at 18 September 2006 as between Member States in
— the air carrier has its principal place of business in
accordance with the Ministerial Statement on Gibraltar
Georgia and holds a valid operating certificate in
airport agreed in Cordoba on 18 September 2006;
accordance with the applicable law of Georgia, and
— effective regulatory control of the air carrier is exercised
(22) ‘user charge’ means a charge imposed on air carriers for
and maintained by Georgia, and
the provision of airport, airport environmental, air navi
gation, or aviation security facilities or services including
related services and facilities;
— unless otherwise determined under Article 6
(Investment) of this Agreement, the air carrier is
owned, directly or through majority ownership, and
TITLE I
effectively controlled by Georgia and/or its nationals;
ECONOMIC PROVISIONS
(b) for an air carrier of the European Union:
Article 2
Grant of rights
— the air carrier has its principal place of business in the
1. Each Party shall grant to the other Party in accordance
territory of a Member State under the Treaty on the
with Annex I and Annex II, the following rights for the conduct
Functioning of the European Union, and holds a valid
of international air transport by the air carriers of the other
operating licence, and
Party:
— effective regulatory control of the air carrier is exercised
and maintained by the Member State responsible for
(a) the right to fly across its territory without landing;
issuing its Air Operators Certificate and the relevant
competent authority is clearly identified, and
(b) the right to make stops in its territory for any purpose other
than taking on or discharging passengers, baggage, cargo
— unless otherwise determined under Article 6
and/or mail in air transport (non-traffic purposes);
(Investment) of this Agreement, the air carrier is
owned, directly or through majority ownership, by
Member States and/or by nationals of the Member
(c) while operating an agreed service on a specified route, the
States, or by other States listed in Annex IV, and/or of
right to make stops in its territory for the purpose of taking
the nationals of these other States;
up and discharging international traffic in passengers, cargo
and/or mail, separately or in combination; and
(c) the air carrier meets the conditions prescribed under the
laws and regulations normally applied by the authority
competent for the operation of air transport; and
(d) the rights otherwise specified in this Agreement.
(d) the provisions set forth in Article 14 (Aviation safety) and
2. Nothing
in
this
Agreement
shall
be
deemed
to
confer
on
Article 15 (Aviation security) of this Agreement are being
the air carriers of:
maintained and administered.

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Article 4
— the air carrier does not have its principal place of
business in the territory of a Member State under the
Reciprocal recognition of regulatory determinations with
Treaty on the Functioning of the European Union, or
regard to airline fitness, ownership and control
does not have a valid operating licence, or
Upon receipt of an application for authorisation from an air
carrier of one Party, the competent authorities of the other Party
— effective regulatory control of the air carrier is not
shall recognise any fitness and/or citizenship determination
exercised and maintained by the Member State
made by the competent authorities of the first Party with
responsible for issuing its Air Operators Certificate or
respect to that air carrier as if such determination had been
the competent authority is not clearly identified, or
made by its own competent authorities, and not inquire
further into such matters, except as provided for at (a) and
(b) below:
— unless otherwise determined under Article 6
(Investment) of this Agreement, the air carrier is not
(a) If, after receipt of an application for authorisation from an
owned and effectively controlled, directly or through
air carrier, or after the grant of such authorisation, the
majority ownership, by Member States and/or
competent authorities of the receiving Party have a
nationals of Member States, or by the other States
specific reason for concern that, despite the determination
listed in Annex IV, and/or nationals of these other
made by the competent authorities of the other Party, the
States;
conditions prescribed in Article 3 (Authorisation) of this
Agreement for the grant of appropriate authorisations or
(c) the air carrier has failed to comply with the laws and regu
permissions have not been met, then they are to
lations referred to in Article 7 (Compliance with laws and
promptly advise those authorities, giving substantive
regulations) of this Agreement; or
reasons for their concern. In that event, either Party may
seek consultations, which may include representatives of the
relevant competent authorities, and/or additional
(d) the provisions set forth in Article 14 (Aviation safety) and
information relevant to this concern, and such requests
Article 15 (Aviation security) of this Agreement are not
are to be met as soon as practicable. If the matter
being maintained or administered; or
remains unresolved, either Party may bring the matter to
the Joint Committee set up under Article 22 (Joint
(e) a Party has made the determination in accordance with
Committee) of this Agreement.
Article 8 (Competitive environment) of this Agreement
that the conditions for a competitive environment are not
(b) This Article does not cover recognition of determinations in
being fulfilled.
relation to:
2. Unless
immediate
action
is
essential
to
prevent
further
— safety certificates or licences,
non-compliance with points (c) or (d) of paragraph 1 of this
Article, the rights established by this Article shall be exercised
— security arrangements, or
only after consultation with the competent authorities of the
other Party.
— insurance coverage.
Article 5
3. Neither Party shall use its rights established by the present
Article to refuse, revoke, suspend or limit authorisations or
Refusal, revocation, suspension, limitation of authorisation
permissions of any air carriers of a Party on the grounds that
majority ownership and/or effective control of that air carrier is
1. The
competent
authorities
of
either
Party
may
refuse, vested in one or more Party to the ECAA or their nationals,
revoke, suspend or limit the operating authorisations or
provided that such Party or Parties to the ECAA offer reciprocal
otherwise suspend or limit the operations of an air carrier of
treatment.
another Party where:
(a) for an air carrier of Georgia:
Article 6
Investment
— the air carrier does not have its principal place of
business in Georgia or does not have a valid operating
Notwithstanding Article 3 (Authorisation) and Article 5
certificate in accordance with the applicable law of
(Refusal, revocation, suspension, limitation of authorisation) of
Georgia, or
this Agreement, the majority ownership or the effective control
of an air carrier of Georgia by Member States or their nationals,
— effective regulatory control of the air carrier is not
or of an air carrier of the European Union by Georgia or its
exercised or maintained by Georgia, or
nationals, shall be permitted by virtue of a prior decision of the
Joint Committee established by this Agreement in accordance
— unless otherwise determined under Article 6
with Article 22(2) (Joint Committee) of this Agreement.
(Investment) of this Agreement, the air carrier is not
owned or effectively controlled, directly or through
This decision shall specify the conditions associated with the
majority ownership, by Georgia and/or nationals of
operation of the agreed services under this Agreement and with
Georgia;
the services between third countries and the Parties. The
provisions of Article 22(8) (Joint Committee) of this
(b) for an air carrier of the European Union:
Agreement shall not apply to this type of decision.

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Article 7
6. The
actions,
referred
to
in
paragraph
5
of
this
Article,
shall be appropriate, proportionate and restricted with regard
Compliance with laws and regulations
to scope and duration to what is strictly necessary. They shall
1. While
entering,
within,
or
leaving
the
territory
of
one be exclusively directed towards the air carrier or air carriers
Party, the laws and regulations applicable within that territory
benefiting from a subsidy or the conditions referred to in this
relating to the admission to or departure from its territory of
Article, and shall be without prejudice to the right of either
aircraft engaged in air transport, or to the operation and navi
Party to take action under Article 24 (Safeguard measures) of
gation of aircraft shall be complied with by the other Party’s air
this Agreement.
carriers.
7. Each Party, upon notification to the other Party, may
2. While
entering,
within,
or
leaving
the
territory
of
one approach responsible government entities in the territory of
Party, the laws and regulations applicable within that territory
the other Party including entities at the state, provincial or
relating to the admission to or departure from its territory of
local level to discuss matters relating to this Article.
passengers, crew or cargo on aircraft (including regulations
relating to entry, clearance, immigration, passports, customs
8.
The provisions of this Article shall apply without prejudice
and quarantine or, in the case of mail, postal regulations)
to the Parties’ laws and regulations regarding public service
shall be complied with by, or on behalf of, such passengers,
obligations in the territories of the Parties.
crew or cargo of the other Party’s air carriers.
Article 9
Article 8
Commercial opportunities
Competitive environment
Air carrier representatives
1. The
Parties
acknowledge
that
it
is
their
joint
objective
to
have a fair and competitive environment for the operation of air
1. The
air
carriers
of
each
Party
shall
have
the
right
to
services. The Parties recognise that fair competitive practices by
establish offices in the territory of the other Party for the
air carriers are most likely to occur where these air carriers
promotion and sale of air transport and related activities.
operate on a fully commercial basis and are not subsidised.
2. The
air
carriers
of
each
Party
shall
be
entitled,
in
2. Within
the
scope
of
this
Agreement,
and
without accordance with the laws and regulations of the other Party
prejudice to any special provisions contained therein, any
relating to entry, residence, and employment, to bring in and
discrimination on grounds of nationality shall be prohibited.
maintain in the territory of the other Party managerial, sales,
technical, operational, and other specialist staff who are required
to support the provision of air transport.
3. State
aid
which
distorts
or
threatens
to
distort
competition
by favouring certain undertakings or certain aviation products
or services is incompatible with the proper functioning of this
Ground handling
Agreement, in so far as it may affect trade between the Parties
in the aviation sector.
3. (a)
Without
prejudice
to
point
(b)
below,
each
air
carrier
shall have in relation to ground handling in the
territory of the other Party:
4. Any
practices
contrary
to
this
Article
shall
be
assessed
on
the basis of criteria arising from the application of the
(i) the right to perform its own ground handling
competition rules applicable in the European Union, in
(‘self-handling’); or, at its option
particular from Article 107 of the Treaty on the Functioning
of the European Union and interpretative instruments adopted
by the European Union institutions.
(ii) the right to select among competing suppliers that
provide ground handling services in whole or in
part where such suppliers are allowed market
5. If one Party finds that conditions exist in the territory of
access on the basis of the laws and regulations
the other Party, in particular due to a subsidy, which would
of each Party, and where such suppliers are
adversely affect the fair and equal opportunity of its air carriers
present in the market.
to compete, it may submit observations to the other Party.
Furthermore, it may request a meeting of the Joint Committee,
as provided for in Article 22 (Joint Committee) of this
(b) For the following categories of ground handling
Agreement. From the receipt of such a request consultations
services, i.e. baggage handling, ramp handling, fuel
shall start within 30 days. Failure to reach a satisfactory
and oil handling, freight and mail handling as
agreement within 30 days from the start of consultations
regards the physical handling of freight and mail
shall constitute grounds for the Party that requested the consul
between the air terminal and the aircraft, the rights
tations to take action to refuse, withhold, revoke, suspend or
under point (a)(i) and (ii) shall be subject only to
impose appropriate conditions on the authorisations of the air
physical or operational constraints according to the
carrier(s) concerned, consistent with Article 5 (Refusal, revo
laws and regulations applicable in the territory of
cation, suspension or limitation of authorisation) of this
the other Party. Where such constraints preclude
Agreement.
self-handling and where there is no effective

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competition between suppliers that provide ground
respect of passenger transport sold involving code-shares, the
handling services, all such services shall be available
purchaser shall be informed at the point of sale, or in any case
on both an equal and non discriminatory basis to all
before boarding, which transportation providers will operate
air carriers; prices of such services shall not exceed
each sector of the service.
their full cost including a reasonable return on
assets, after depreciation.
8. (a)
In
relation
to
the
transport
of
passengers,
surface
transportation providers shall not be subject to laws
and regulations governing air transport on the sole
Sales, local expenses, and transfer of funds
basis that such surface transportation is held out by
4. Any air carrier of each Party may engage in the sale of air
an air carrier under its own name. Surface transpor
transport in the territory of the other Party directly and/or, at
tation providers have the discretion to decide whether
the air carrier’s discretion, through its sales agents, other inter
to enter into cooperative arrangements. In deciding on
mediaries appointed by the air carrier or through internet. Each
any particular arrangement, surface transportation
air carrier shall have the right to sell such transportation, and
providers may consider, among other things,
any person shall be free to purchase such transportation in the
consumer interests and technical, economic, space,
currency of that territory or in freely convertible currencies in
and capacity constraints.
accordance with the local currency legislation.
(b) Moreover, and notwithstanding any other provision of
this Agreement, air carriers and indirect providers of
5. Each
air
carrier
shall
have
the
right
to
convert
and
remit
cargo transportation of the Parties shall be permitted,
from the territory of the other Party to its home territory and,
without restriction, to employ in connection with air
except where inconsistent with generally applicable law or regu
transport any surface transportation for cargo to or
lation, to the country or countries of its choice, on demand,
from any points in the territories of Georgia and the
local revenues. Conversion and remittance shall be permitted
European Union, or in third countries, including
promptly without restrictions or taxation in respect thereof at
transport to and from all airports with customs facil
the rate of exchange applicable to current transactions and
ities, and including, where applicable, the right[s] to
remittance on the date the carrier makes the initial application
transport cargo in bond under applicable laws and
for remittance.
regulations. Such cargo, whether moving by surface
or by air, shall have access to airport customs
processing and facilities. Air carriers may elect to
perform their own surface transportation or to
6. The
air
carriers
of
each
Party
shall
be
permitted
to
pay
for
provide it through arrangements with other surface
local expenses, including purchases of fuel, in the territory of
carriers, including surface transportation operated by
the other Party in local currency. At their discretion, the air
other air carriers and indirect providers of cargo air
carriers of each Party may pay for such expenses in the
transport. Such intermodal cargo services may be
territory of the other Party in freely convertible currencies in
offered at a single, through price for the air and
accordance with local currency legislation.
surface transportation combined, provided that
shippers are not misled as to the facts concerning
such transportation.
Cooperative arrangements
Leasing
7. In
operating
or
holding
out
services
under
this
Agreement,
any air carrier of a Party may enter into cooperative marketing
9. (a)
The
air
carriers
of
each
Party
shall
be
entitled
to
arrangements, such as blocked-space agreements or code-
provide the agreed services using aircraft and crew
sharing arrangements, with:
leased from any air carrier, including from third coun
tries, provided that all participants in such
arrangements meet the conditions prescribed under
the laws and regulations normally applied by the
(a) any air carrier or carriers of the Parties; and
Parties to such arrangements.
(b) any air carrier or carriers of a third country; and
(b) Neither Party shall require the air carriers leasing out
their equipment to hold traffic rights under this
Agreement.
(c) any surface, land or maritime carriers;
(c) The leasing with crew (wet-leasing) by a Georgian air
carrier of an aircraft of an air carrier of a third
country, or, by an air carrier of the European
provided that (i) all participants in such arrangements hold the
Union, of an aircraft of an air carrier of a third
appropriate underlying route authority; and (ii) the
country other than those mentioned in Annex IV to
arrangements meet the requirements relating to safety and
this Agreement, in order to exploit the rights
competition normally applied to such arrangements. In
envisaged in this Agreement, shall remain exceptional

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or meet temporary needs. It shall be submitted for
use in or on an aircraft of an air carrier of the other Party
prior approval of the licensing authority of the
engaged in international air transport, even when these
leasing air carrier and to the competent authority of
supplies are to be used on a part of the journey
the other Party.
performed over the said territory;
Franchising/Branding
(d) printed matter, as provided for by the customs legislation of
each Party, introduced into or supplied in the territory of
10. The
air
carriers
of
each
Party
shall
be
entitled
to
enter
one Party and taken on board for use on outbound aircraft
into franchising or branding arrangements with companies,
of an air carrier of the other Party engaged in international
including air carriers, of either Party or third countries,
air transport, even when these stores are to be used on a
provided that the air carriers hold the appropriate authority
part of the journey performed over the said territory; and
and meet the conditions prescribed under the laws and regu
lations applied by the Parties to such arrangements, particularly
those requiring the disclosure of the identity of the air carrier
operating the service.
(e) safety and security equipment for use at airports or cargo
terminals.
Article 10
3. Notwithstanding
any
other
provision
to
the
contrary,
Customs duties and taxation
nothing in this Agreement shall prevent a Party from
1. On
arriving
in
the
territory
of
one
Party,
aircraft
operated imposing taxes, levies, duties, fees or charges on fuel supplied
in international air transport by the air carriers of the other
in its territory on a non-discriminatory basis for use in an
Party, their regular equipment, fuel, lubricants, consumable
aircraft of an air carrier that operates between two points in
technical supplies, ground equipment, spare parts (including
its territory.
engines), aircraft stores (including but not limited to such
items as food, beverages and liquor, tobacco and other
products destined for sale to or use by passengers in limited
4. Equipment and supplies referred to in paragraphs 1 and 2
quantities during flight), and other items intended for or used
of this Article may be required to be kept under the supervision
solely in connection with the operation or servicing of aircraft
or control of the appropriate authorities and not to be trans
engaged in international air transport shall be exempt, on the
ferred without payment of relevant customs duties and taxes.
basis of reciprocity, under its relevant applicable legislation,
from all import restrictions, property taxes and capital levies,
customs duties, excise duties, and similar fees and charges that
are (a) imposed by the national or local authorities or the
5. The
exemptions
provided
by
this
Article
shall
also
be
European Union; and (b) not based on the cost of services
available where the air carriers of one Party have contracted
provided, provided that such equipment and supplies remain
with another air carrier, which similarly enjoys such exemptions
on board the aircraft.
from the other Party, for the loan or transfer in the territory of
the other Party of the items specified in paragraphs 1 and 2 of
this Article.
2. There
shall
also
be
exempt,
on
the
basis
of
reciprocity,
under its relevant applicable legislation, from the taxes, levies,
duties, fees and charges referred to in paragraph 1 of this
6. Nothing
in
this
Agreement
shall
prevent
either
Party
from
Article, with the exception of charges based on the cost of
imposing taxes, levies, duties, fees or charges on goods sold
the service provided:
other than for consumption on board to passengers during a
sector of an air service between two points within its territory at
which embarkation or disembarkation is permitted.
(a) aircraft stores introduced into or supplied in the territory of
a Party and taken on board, within reasonable limits, for use
on outbound aircraft of an air carrier of the other Party
7.
Baggage and cargo in direct transit across the territory of a
engaged in international air transport, even when these
Party shall be exempt from taxes, customs duties, fees and other
stores are to be used on a part of the journey performed
similar charges that are not based on the cost of the service
over the said territory;
provided.
(b) ground equipment and spare parts (including engines)
introduced into the territory of a Party for the servicing,
8. The regular airborne equipment, as well as the materials
maintenance, or repair of aircraft of an air carrier of the
and supplies normally retained on board the aircraft of an air
other Party used in international air transport;
carrier airline of either Contracting Party, may be unloaded in
the territory of the other Contracting Party only with the
approval of the customs authorities of that territory. In such
case, they may be placed under the supervision of the said
(c) fuel, lubricants and consumable technical supplies
authorities up to such time as they are re-exported or
introduced into or supplied in the territory of a Party for
otherwise disposed of in accordance with customs regulations.

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Union L
321/11
9. The
stipulations
of
this
Agreement
shall
not
affect
the
Article 12
field of VAT, with the exception of turnover tax on imports.
The provisions of the respective conventions in force between a
Pricing
Member State and Georgia for the avoidance of double taxation
1. The
Parties
shall
permit
prices
to
be
freely
established
by
on income and on capital remain unaffected by this Agreement.
the air carriers on the basis of free and fair competition.
2. The
Parties
shall
not
require
prices
to
be
filed
or
notified.
Article 11
User charges for airports and aviation facilities and
3. Discussions
between
competent
authorities
may
be
held
services
on matters such as, but not limited to prices which may be
unjust, unreasonable, discriminatory or subsidised.
1. Each Party shall ensure that user charges that may be
imposed by its competent charging authorities or bodies on
the air carriers of the other Party for the use of air navigation
Article 13
and air traffic control, airport, aviation security and related
facilities and services shall be just, reasonable, not unjustly
Statistics
discriminatory, and equitably apportioned among categories of
users. These charges may reflect, but shall not exceed, the full
1. Each Party shall provide to the other Party statistics that
cost to the competent charging authorities or bodies of
are required by domestic laws and regulations, and, upon
providing the appropriate airport and aviation security facilities
request, other available statistical information as may be
and services at that airport or within that airport’s system. These
reasonably required for the purpose of reviewing the
charges may include a reasonable return on assets, after depreci
operation of the air services.
ation. Facilities and services for which user charges are made
shall be provided on an efficient and economic basis. In any
2. The
Parties
shall
cooperate
in
the
framework
of
the
Joint
event, these charges shall be assessed on the air carriers of the
Committee under Article 22 (Joint Committee) of this
other Party on terms not less favourable than the most
Agreement to facilitate the exchange of statistical information
favourable terms available to any other air carrier at the time
between them for the purpose of monitoring the development
the charges are assessed.
of air services under this Agreement.
TITLE II
2. Each
Party
shall
require
consultations
between
the
competent charging authorities or bodies in its territory and
REGULATORY COOPERATION
the air carriers and/or their representative bodies using the
Article 14
services and facilities, and shall ensure that the competent
charging authorities or bodies and the air carriers or their repre
Aviation safety
sentative bodies exchange such information as may be necessary
to permit an accurate review of the reasonableness of the
1. Subject to the transitional provisions set out in Annex II
charges in accordance with the principles of paragraphs 1 and
to this Agreement, the Parties shall act in conformity with the
2 of this Article. Each Party shall ensure that the competent
provisions of the aviation safety legislation specified in Part C of
charging authorities or bodies provide users with reasonable
Annex III to this Agreement, under the conditions set out here
notice of any proposal for changes in user charges to enable
after.
those authorities to consider the views expressed by the users
before changes are made.
2. The
Parties
shall
cooperate
to
ensure
the
implementation
by Georgia of the legislation referred to in paragraph 1 of this
Article. To this purpose, Georgia shall be involved in the work
of the European Aviation Safety Agency as an observer from
3. Neither
Party
shall
be
held,
in
dispute
resolution the date of entry into force of this Agreement.
procedures pursuant to Article 23 (Dispute resolution and
arbitration) of this Agreement, to be in breach of a provision
of this Article, unless:
3. The
Parties
shall
ensure
that
aircraft
registered
in
one
Party
suspected of non-compliance with international aviation safety
standards established pursuant to the Convention landing at
airports open to international air traffic in the territory of the
(a) it fails to undertake a review of the charge or practice that is
other Party shall be subject to ramp inspections by the
the subject of complaint by the other Party within a
competent authorities of that other Party, on board and
reasonable amount of time; or
around the aircraft to check both the validity of the aircraft
documents and those of its crew and the apparent condition
of the aircraft and its equipment.
(b) following such a review it fails to take all steps within its
4. The
competent
authorities
of
a
Party
may
request
consul
power to remedy any charge or practice that is inconsistent
tations at any time concerning the safety standards maintained
with this Article.
by the other Party.

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20.11.2012
5. The
competent
authorities
of
a
Party
shall
take
all
appro
Unlawful Acts against the Safety of Civil Aviation, signed at
priate and immediate measures whenever they ascertain that an
Montreal on 23 September 1971, the Protocol for the
aircraft, a product or an operation may:
Suppression of Unlawful Acts of Violence at Airports Serving
International Civil Aviation, signed at Montreal on 24 February
1988 and the Convention on the marking of plastic explosives
(a) fail to satisfy the minimum standards established pursuant
for purpose of detection signed at Montreal on 1 March 1991,
to the Convention or the legislation specified in Part C of
in so far as both Parties are parties to these conventions, as well
Annex III to this Agreement, whichever is applicable;
as all other conventions and protocols relating to civil aviation
security of which both Parties are parties.
(b) give rise to serious concerns — established through an
inspection referred to in paragraph 3 of this Article —
4. The
Parties
shall
provide
upon
request
all
necessary
that an aircraft or the operation of an aircraft does not
assistance to each other to prevent acts of unlawful seizure of
comply with the minimum standards established pursuant
civil aircraft and other unlawful acts against the safety of such
to the Convention or the legislation specified in Part C of
aircraft, their passengers and crew, airports and air navigation
Annex III to this Agreement, whichever is applicable; or
facilities, and any other threat to the security of civil aviation.
(c) give rise to serious concerns that there is a lack of effective
maintenance and administration of minimum standards
5. The
Parties
shall,
in
their
mutual
relations,
act
in
established pursuant to the Convention or the legislation
conformity with the aviation security standards and, so far as
specified in Part C of Annex III to this Agreement,
they are applied by them, the recommended practices estab
whichever is applicable.
lished by the International Civil Aviation Organisation (ICAO)
and designated as Annexes to the Convention, to the extent that
such security provisions are applicable to the Parties. Both
6. Where
the
competent
authorities
of
one
Party
take
action Parties shall require that operators of aircraft of their registry,
under paragraph 5, they shall promptly inform the competent
operators who have their principal place of business or
authorities of the other Party of taking such action, providing
permanent residence in their territory, and the operators of
reasons for their action.
airports in their territory, act in conformity with such aviation
security provisions.
7. Where
measures
taken
in
application
of
paragraph
5
of
this Article are not discontinued even though the basis for
6. Each
Party
shall
ensure
that
effective
measures
are
taken
taking them has ceased to exist, either Party may refer the
within its territory to protect aircraft, to screen passengers and
matter to the Joint Committee.
their carry-on items, and to carry out appropriate checks on
crew, cargo (including hold baggage) and aircraft stores prior to
and during boarding or loading and that those measures are
Article 15
adjusted to meet increases in the threat. Each Party agrees that
Aviation security
their air carriers may be required to observe the aviation
security provisions referred to in paragraph 5 of this Article
1. Subject to the transitional provisions set out in Annex II
required by the other Party, for entrance into, departure from,
to this Agreement, the Parties shall act in conformity with the
or while within, the territory of that other Party.
provisions of the European Union’s aviation security legislation
specified in Part D of Annex III to this Agreement, under the
conditions set out hereafter.
7. Each
Party
shall
also
give
positive
consideration
to
any
request from the other Party for reasonable special security
measures to meet a particular threat. Except where not
2. Georgia
may
be
subjected
to
a
European
Commission reasonably possible in case of emergency, each Party will
inspection in accordance with the relevant European Union
inform the other Party in advance of any special security
security legislation as referred to in Annex III to this Agreement.
measures it intends to introduce which could have a significant
The Parties shall establish the necessary mechanism for the
financial or operational impact on the air transport services
exchange of information on the results of such security inspec
provided under this Agreement. Either Party may request a
tions.
meeting of the Joint Committee to discuss such security
measures, as provided for in Article 22 (Joint Committee) of
this Agreement.
3. The
assurance
of
safety
for
civil
aircraft,
their
passengers
and crew being a fundamental precondition for the operation of
international air services, the Parties reaffirm their obligations to
each other to provide for the security of civil aviation against
8. When an incident or threat of an incident of unlawful
acts of unlawful interference, and in particular their obligations
seizure of civil aircraft or other unlawful acts against the
under the Convention, the Convention on Offences and Certain
safety of such aircraft, their passengers and crew, airports or
Other Acts Committed on Board Aircraft, signed at Tokyo on
air navigation facilities occurs, the Parties shall assist each other
14 September 1963, the Convention for the Suppression of
by facilitating communications and other appropriate measures
Unlawful Seizure of Aircraft, signed at The Hague on
intended to terminate rapidly and safely such incident or threat
16 December 1970, the Convention for the Suppression of
thereof.

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European
Union L
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9. Each
Party
shall
take
all
measures
it
finds
practicable
to
airspace and interoperability that stem from the single
ensure that an aircraft subjected to an act of unlawful seizure or
European sky, in particular through the early involvement
other acts of unlawful interference which is on the ground in its
of Georgia’s efforts to establish functional airspace blocks,
territory is detained on the ground unless its departure is
or through appropriate coordination on SESAR.
necessitated by the overriding duty to protect human life.
Wherever practicable, such measures shall be taken on the
basis of mutual consultations.
Article 17
Environment
10. When
a
Party
has
reasonable
grounds
to
believe
that
the
other Party has departed from the aviation security provisions
1. The
Parties
recognise
the
importance
of
protecting
the
of this Article, that Party shall request immediate consultations
environment when developing and implementing aviation
with the other Party.
policy. The Parties acknowledge that effective global, regional,
national and/or local action is needed to minimise civil
aviation’s impact on the environment.
11. Without
prejudice
to
Article
5
(Refusal,
revocation,
suspension, limitation of authorisations) of this Agreement,
failure to reach a satisfactory agreement within fifteen (15)
2. Subject to the transitional provisions set out in Annex II
days from the date of such request shall constitute grounds to
to this Agreement, the Parties shall act in conformity with the
withhold, revoke, limit or impose conditions on the operating
legislation relating to air transport specified in Part E of Annex
authorisation of one or more air carriers of such other Party.
III to this Agreement.
12. When
required
by
an
immediate
and
extraordinary
threat, a Party may take interim action prior to the expiry of
3. The
Parties
recognise
the
importance
of
working
together,
fifteen (15) days.
and within the framework of multilateral discussions, to
consider the effects of aviation on the environment, and to
ensure that any mitigating measures are fully consistent with
13. Any
action
taken
in
accordance
with
the
paragraph
11 the objectives of this Agreement.
of this Article shall be discontinued upon compliance by the
other Party with the full provisions of this Article.
4. Nothing
in
this
Agreement
shall
be
construed
to
limit
the
authority of the competent authorities of a Party to take all
Article 16
appropriate measures to prevent or otherwise address the envi
ronmental impacts of air transport provided that such measures
Air traffic management
are fully consistent with their rights and obligations under inter
1. Subject to the transitional provisions set out in Annex II
national law and are applied without distinction as to
to this Agreement, the Parties shall act in conformity with the
nationality.
provisions of the legislation specified in Part B of Annex III to
this Agreement, under the conditions set out hereafter.
Article 18
2. The Parties shall cooperate in the field of air traffic
Consumer protection
management with a view to extending the single European
Subject to the transitional provisions set out in Annex II to this
sky to Georgia in order to enhance current safety standards
Agreement, the Parties shall act in accordance with the legis
and overall efficiency for general air traffic standards in
lation relating to air transport specified in Part G of Annex III to
Europe, to optimise capacities, to minimise delays and to
this Agreement.
increase environmental efficiency. To this purpose, Georgia
shall be involved as observer in the Single Sky Committee
from the date of entry into force of the Agreement. The Joint
Committee shall be responsible for monitoring and facilitating
Article 19
cooperation in the field of air traffic management.
Computer reservation systems
Subject to the transitional provisions set out in Annex II to this
3. With a view to facilitating the application of the single
Agreement, the Parties shall act in accordance with the legis
European sky legislation in their territories:
lation relating to air transport specified in Part H of Annex III to
this Agreement.
(a) Georgia shall take the necessary measures to adjust its air
traffic management institutional structures to the single
European sky, in particular by ensuring that pertinent
Article 20
national supervisory bodies are at least functionally inde
Social aspects
pendent of air navigation service providers; and
Subject to the transitional provisions set out in Annex II to this
Agreement, the Parties shall act in accordance with the legis
(b) The European Union shall associate Georgia with relevant
lation relating to air transport specified in Part F of Annex III to
operational initiatives in the fields of air navigation services,
this Agreement.

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TITLE III
begin at the earliest possible date, but not later than two
months from the date of receipt of the request, unless
INSTITUTIONAL PROVISIONS
otherwise agreed by the Parties.
Article 21
6. For
the
purpose
of
the
proper
implementation
of
this
Interpretation and enforcement
Agreement, the Parties shall exchange information and, at the
request of either Party, shall hold consultations within the Joint
1. The
Parties
shall
take
all
appropriate
measures,
whether Committee.
general or specific, to ensure fulfilment of the obligations
arising out of this Agreement and shall refrain from any
7. If, in the view of one of the Parties, a decision of the Joint
measures which would jeopardise attainment of the objectives
Committee is not properly implemented by the other Party, the
of this Agreement.
former may request that the issue be discussed by the Joint
Committee. If the Joint Committee cannot solve the issue
2. Each Party shall be responsible, in its own territory, for
within two months of its referral, the requesting Party may
the proper enforcement of this Agreement and, in particular,
take appropriate safeguard measures under Article 24 (Safeguard
the regulations and directives related to air transport listed in
measures) of this Agreement.
Annex III to this Agreement.
8. Without
prejudice
to
paragraph
2,
if
the
Joint
Committee
3. Each Party shall give the other Party all necessary
does not take a decision on an issue which has been referred to
information and assistance in the case of investigations on
it within six months of the date of referral, the Parties may take
possible infringements of provisions of this Agreement which
appropriate temporary safeguard measures under Article 24
that other Party carries out under its respective competences as
(Safeguard measures) of this Agreement.
provided in this Agreement.
9. In
accordance
with
Article
6
(Investment)
of
this
4. Whenever the Parties act under the powers granted to
Agreement, the Joint Committee shall examine questions
them by this Agreement on matters which are of substantial
relating to bilateral investments of majority ownership, or
interest to the other Party and which concern the authorities or
changes in the effective control of air carriers of the Parties.
undertakings of the other Party, the competent authorities of
the other Party shall be fully informed and given the oppor
10. The
Joint
Committee
shall
also
develop
cooperation
by:
tunity to comment before a final decision is taken.
(a) fostering expert-level exchanges on new legislative or regu
5. In
so
far
as
the
provisions
of
this
Agreement
and
the
latory initiatives and developments, including in the fields of
provisions of the acts specified in Annex III to this
security, safety, the environment, aviation infrastructure
Agreement are identical in substance to corresponding rules
(including slots), competitive environment and consumer
of the Treaty on European Union and the Treaty on the Func
protection;
tioning of the European Union and to acts adopted pursuant to
the Treaty on European Union and the Treaty on the Func
(b) reviewing market conditions affecting air services under this
tioning of the European Union, those provisions shall, in their
Agreement;
implementation and application, be interpreted in conformity
with the relevant rulings and decisions of the Court of Justice
(c) regularly examining the social effects of this Agreement as it
and the European Commission.
is implemented, notably in the area of employment and
developing appropriate responses to concerns found to be
Article 22
legitimate;
The Joint Committee
(d) considering potential areas for the further development of
1. A joint committee composed of representatives of the
this Agreement, including the recommendation of
Parties (hereinafter referred to as ‘the Joint Committee’) is
amendments to this Agreement;
hereby established, which shall be responsible for the adminis
tration of this Agreement and shall ensure its proper implemen
(e) agreeing, on the basis of consensus, on proposals,
tation. For this purpose it shall make recommendations and
approaches or documents of a procedural nature directly
take decisions where expressly provided by this Agreement.
related to the functioning of this Agreement;
2. The
decisions
of
the
Joint
Committee
shall
be
adopted
by (f) considering and developing technical assistance in the areas
consensus and shall be binding upon the Parties. They will be
covered by this Agreement; and
put into effect by the Parties in accordance with their own rules.
(g) fostering cooperation in relevant international forums.
3. The
Joint
Committee
shall
adopt,
by
a
decision,
its
rules
of
procedure.
Article 23
4. The
Joint
Committee
shall
meet
as
and
when
necessary.
Dispute resolution and arbitration
Either Party may request the convening of a meeting.
1. If
any
dispute
arises
between
the
Parties
relating
to
the
interpretation or application of this Agreement they shall in the
5. A
Party
may
also
request
a
meeting
of
the
Joint first place endeavour to settle it through formal consultations
Committee to seek to resolve any question relating to the inter
within the Joint Committee in accordance with paragraph 5 of
pretation or application of this Agreement. Such a meeting shall
Article 22 (Joint Committee) of this Agreement.

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Union L
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2. Either
Party
may
refer
any
dispute
relating
to
the
appli
4. The
Parties
shall
immediately
enter
into
consultations
in
cation or interpretation of this Agreement, which it has not
the Joint Committee with a view to finding a commonly
been possible to resolve in accordance with paragraph 1 of
acceptable solution.
this Article, to an arbitration panel of three arbitrators in
accordance with the procedure laid down hereafter:
5. Without prejudice to Article 3(d) (Authorisation),
Article 5(d) (Refusal, revocation, suspension, limitation of auth
(a) each Party shall appoint an arbitrator within sixty (60) days
orisation), Article 14 (Aviation safety) and Article 15 (Aviation
from the date of reception of the notification for the request
security) of this Agreement, the Party concerned may not take
for arbitration by the arbitration panel addressed by the
safeguard measures until one month has elapsed after the date
other Party through diplomatic channels; the third arbitrator
of notification under paragraph 3 of this Article, unless the
should be appointed by the other two arbitrators within
consultation procedure under paragraph 4 of this Article has
sixty (60) additional days. If one of the Parties has not
been concluded before the expiry of the stated time limit.
appointed an arbitrator within the agreed period, or if the
third arbitrator is not appointed within the agreed period,
each Party may request the President of the Council of the
6. The
Party
concerned
shall,
without
delay,
notify
the
ICAO to appoint an arbitrator or arbitrators, whichever is
measures taken to the Joint Committee and shall provide all
applicable;
relevant information.
(b) the third arbitrator appointed under the terms of paragraph
7. Any
action
taken
under
the
terms
of
this
Article
shall
be
(a) above should be a national of a third State and shall act
suspended, as soon as the Party at fault satisfies the provisions
as a President of the arbitration panel;
of this Agreement.
(c) the arbitration panel shall agree its rules of procedure; and
Article 25
Relationship to other agreements
(d) subject to the final decision of the arbitration panel, the
initial expenses of the arbitration shall be shared equally
1. The
provisions
of
this
Agreement
shall
prevail
over
the
by the Parties.
relevant provisions of existing bilateral agreements between
Georgia and the Member States. However, existing traffic
rights which originate from these bilateral agreements and
3. At the request of a Party the arbitration panel may order
which are not covered under this Agreement can continue to
the other Party to implement interim relief measures pending
be exercised, provided that there is no discrimination between
the panel’s final determination.
the Member States and their nationals.
4. Any provisional decision or final decision of the
2. The
Parties
shall
consult
in
the
Joint
Committee,
upon
arbitration panel shall be binding upon the Parties.
request of either side, to recommend whether Georgia should
join the ECAA Agreement.
5. If
one
of
the
Parties
does
not
act
in
conformity
with
a
decision of the arbitration panel taken under the terms of this
3. If
the
Parties
become
parties
to
a
multilateral
agreement,
Article within thirty (30) days from the notification of the afore
or endorse a decision adopted by ICAO or another international
mentioned decision, the other Party may, for as long as this
organisation, that addresses matters covered by this Agreement,
failure endures, limit, suspend or revoke the rights or privileges
they shall consult in the Joint Committee to determine whether
which it had granted under the terms of this Agreement from
this Agreement should be revised to take into account such
the Party at fault.
developments.
Article 24
Article 26
Safeguard measures
Amendments
1. The
Parties
shall
take
any
general
or
specific
measures 1. If
one
of
the
Parties
wishes
to
amend
the
provisions
of
required to fulfil their obligations under this Agreement. They
this Agreement, it shall notify the Joint Committee accordingly
shall ensure that the objectives set out in this Agreement are
for its decision.
attained.
2. If either Party considers that the other Party has failed to
2. The
Joint
Committee
may,
upon
the
proposal
of
one
Party
fulfil an obligation under this Agreement, it may take appro
and in accordance with this Article, decide to modify the
priate safeguard measures. Safeguard measures shall be restricted
Annexes to this Agreement.
with regard to their scope and duration to what is strictly
necessary in order to remedy the situation or maintain the
3. The
amendment
to
this
Agreement
shall
enter
into
force
balance of this Agreement. Priority shall be given to such
after completion of the respective internal procedures of each
measures as will least disturb the functioning of this Agreement.
Party.
3. A Party which is considering taking safeguard measures
4. This
Agreement
shall
be
without
prejudice
to
the
right
of
shall without delay notify the other Parties through the Joint
each Party, subject to compliance with the principle of non-
Committee and shall provide all relevant information.
discrimination and the provisions of this Agreement to

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20.11.2012
unilaterally adopt new legislation or amend its existing legis
season in effect one year following the date of written notifi
lation in the field of air transport or an associated area
cation of termination, unless the notice is withdrawn by mutual
mentioned in Annex III to this Agreement.
agreement of the Parties before the expiry of this period.
5. When
new
legislation
or
an
amendment
to
its
existing
Article 28
legislation in the field of air transport or an associated area
mentioned in Annex III to this Agreement is being considered
Registration with the International Civil Aviation
by either Parties, it shall inform the other Party as appropriate
Organisation and the United Nations Secretariat
and possible. At the request of either Party, an exchange of
This Agreement and all amendments thereto shall be registered
views may take place in the Joint Committee.
with the ICAO and with the UN Secretariat.
6. Each
Party
shall
regularly
and
as
soon
as
appropriate
Article 29
inform the other Party of newly adopted legislation or
amendment to its existing legislation in the field of air
Provisional application and entry into force
transport or an associated area mentioned in Annex III to this
1. This
Agreement
shall
enter
into
force
one
month
after
the
Agreement. Upon the request of any Party, the Joint Committee
date of the last note in an exchange of diplomatic notes
shall within sixty (60) days thereafter hold an exchange of views
between the Parties confirming that all necessary procedures
on the implications of such new legislation or amendment for
for entry into force of this Agreement have been completed.
the proper functioning of this Agreement.
For purposes of this exchange, Georgia shall deliver to the
General Secretariat of the Council of the European Union its
diplomatic note to the European Union and its Member States,
7. Following
the
exchange
of
views
referred
to
in
paragraph and the General Secretariat of the Council of the European
6 of this Article, the Joint Committee shall:
Union shall deliver to Georgia the diplomatic note from the
European Union and its Member States. The diplomatic note
(a) adopt a decision revising Annex III to this Agreement so as
from the European Union and its Member States shall contain
to integrate therein, if necessary on a basis of reciprocity,
communications from each Member State confirming that its
the new legislation or amendment in question;
necessary procedures for entry into force of this Agreement
have been completed.
(b) adopt a decision to the effect that the new legislation or
2. Notwithstanding
paragraph
1
of
this
Article,
the
Parties
amendment in question shall be regarded as in accordance
agree to provisionally apply this Agreement, in accordance with
with this Agreement; or
their internal procedures and/or domestic legislation as appli
cable, from the first day of the month following the date of the
latest note of which the Parties have notified the other Party of
(c) recommend any other measures, to be adopted within a
the completion of the necessary procedures for application.
reasonable period of time, to safeguard the proper func
tioning of this Agreement.
IN WITNESS WHEREOF the undersigned, being duly authorised,
Article 27
have signed this Agreement.
Termination
Done at Brussels on the second day of December in the year
Either Party may, at any time, give notice in writing through
two thousand and ten, in duplicate, in the Bulgarian, Czech,
diplomatic channels to the other Party of its decision to
Danish, Dutch, English, Estonian, Finnish, French, German,
terminate this Agreement. Such notice shall be sent simulta
Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish,
neously to ICAO and to the UN Secretariat. This Agreement
Portuguese, Romanian, Slovak, Slovene, Spanish, Swedish and
shall terminate at midnight GMT at the end of the IATA traffic
Georgian languages, each text being equally authentic.

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EN
20.11.2012 Official
Journal
of
the
European
Union L
321/17
Voor het Koninkrijk Belgi
Pour le Royaume de Belgique
Für das Knigreich Belgien
Deze handtekening verbindt eveneens het Vlaamse Gewest en het Brussels Hoofdstedelijk Gewest.
Cette signature engage égalament la Région wallonne, la Région flamande et la Région de Bruxelles-Capitale.
Diese Unterschrift bindet zugleich die Wallonische Region, die Flmische Region und die Region
Brüssel-Hauptstadt.
За Република България
Za eskou republiku
P Kongeriget Danmarks vegne
Für die Bundesrepublik Deutschland
Eesti Vabariigi nimel

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L 321/18
EN
Official Journal of the European Union
20.11.2012
Thar cheann Na hireann
For Ireland
Για την Ελληνικ Δημοκρατα
Por el Reino de Espaa
Pour la République franaise
Per la Repubblica italiana
Για την Κυπριακ Δημοκρατα

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EN
20.11.2012 Official
Journal
of
the
European
Union L
321/19
Latvijas Republikas vārdā –
Lietuvos Respublikos vardu
Pour le Grand-Duché de Luxembourg
A Magyar Kztársaság részérl
Gal Malta
Voor het Koninkrijk der Nederlanden
Für die Republik sterreich

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L 321/20
EN
Official Journal of the European Union
20.11.2012
W imieniu Rzeczypospolitej Polskiej
Pela República Portuguesa
Pentru Romnia
Za Republiko Slovenijo
Za Slovenskú republiku
Suomen tasavallan puolesta
Fr Republiken Finland
Fr Konungariket Sverige

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EN
20.11.2012 Official
Journal
of
the
European
Union L
321/21
For the United Kingdom of Great Britain and Northern Ireland
За Европейския съюз
Por la Unión Europea
Za Evropskou unii
For Den Europiske Union
Für die Europische Union
Euroopa Liidu nimel
Για την Ευρωπακ νωση
For the European Union
Pour l'Union européenne
Per l'Unione europea
Eiropas Savienības vārdā –
Europos Sjungos vardu
Az Európai Unió részérl
Gall-Unjoni Ewropea
Voor de Europese Unie
W imieniu Unii Europejskiej
Pela Unio Europeia
Pentru Uniunea European
Za Európsku úniu
Za Evropsko unijo
Euroopan unionin puolesta
Fr Europeiska unionen

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L 321/22
EN
Official Journal of the European Union
20.11.2012
ANNEX I
AGREED SERVICES AND SPECIFIED ROUTES
1. This Annex is subject to the transitional provisions contained in Annex II to this Agreement.
2. Each Party grants to the air carriers of the other Party the rights to provide air transport services on the routes
specified hereunder:
(a) for air carriers of the European Union: any point in the European Union — intermediate points in Euromed
countries, ECAA, or countries listed in Annex IV — any point in Georgia — points beyond;
(b) for air carriers of Georgia: any point in Georgia — intermediate points in Euromed countries, ECAA or countries
listed in Annex IV — any point in the European Union.
3. The services operated according to paragraph 2 of this Annex shall originate or terminate in the territory of Georgia,
for Georgian air carriers, and in the territory of the European Union for air carriers of the European Union.
4. Air carriers of both Parties may on any or all flights and at their option:
(a) operate flights in either or both directions;
(b) combine different flight numbers within one aircraft operation;
(c) serve intermediate and beyond points, as specified in paragraph 2 of this Annex, and points in the territories of the
Parties in any combination and in any order;
(d) omit stops at any point or points;
(e) transfer traffic from any of its aircraft to any of its other aircraft at any point;
(f) make stopovers at any points whether within or outside the territory of either Party;
(g) carry transit traffic through the other Party’s territory; and
(h) combine traffic on the same aircraft regardless of where such traffic originates.
5. Each Party shall allow each air carrier to determine the frequency and capacity of the international air transport it
offers based upon commercial considerations in the marketplace. Consistent with this right, neither Party shall
unilaterally limit the volume of traffic, frequency or regularity of service, or the aircraft type or types operated by
the air carriers of the other Party, except for customs, technical, operational, environmental, protection of health
reasons or in application of Article 8 (Competitive environment) of this Agreement.
6. The air carriers of each Party may serve, including within the framework of code share arrangements, any point located
in a third country that is not included on the specified routes, provided that they do not exercise fifth freedom rights.

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EN
20.11.2012 Official
Journal
of
the
European
Union L
321/23
ANNEX II
TRANSITIONAL PROVISIONS
1. The implementation and application by Georgia of all the provisions of the legislation of the European Union relating
to air transport indicated in Annex III to this Agreement, with the exception of the security legislation under Part D of
Annex III to this Agreement, shall be the subject of an evaluation under the responsibility of the European Union
which shall be validated by a decision of the Joint Committee. Such an evaluation shall be conducted two years after
the entry into force of the Agreement at the latest.
2. Notwithstanding the provisions of Annex I to this Agreement, the agreed services and specified routes of this
Agreement, shall not include, until the moment of the adoption of the decision referred to in paragraph 1 of this
Annex II to this Agreement, the right to exercise fifth freedom rights, including for the air carriers of Georgia between
points within the territory of the European Union.
However, all traffic rights already granted by one of the bilateral agreements between Georgia and the Member States
of the European Union can continue to be exercised in so far as there is no discrimination between air carriers of the
European Union on the basis of nationality.
3. The implementation of the aviation security legislation by Georgia shall be the subject of an evaluation under the
responsibility of the European Union which shall be validated by a decision of the Joint Committee. Such an
evaluation shall be conducted at the latest three years after the entry into force of this Agreement. In the
meantime, Georgia shall implement ECAC Doc 30.
4. At the end of the transitional period, the confidential part of the security legislation as provided in Part D of Annex III
to this Agreement shall be made available to the appropriate authority of Georgia, subject to an agreement on the
exchange of security sensitive information including EU classified information.
5. The gradual transition of Georgia to the full application of the legislation of the European Union relating to air
transport indicated in Annex III to this Agreement may be subject to regular assessments. The assessments shall be
carried out by the European Commission in cooperation with Georgia.
6. As of the date of decision referred to in paragraph 1 of this Annex, Georgia will apply operating licensing rules
substantially equivalent to those contained in Chapter II of Regulation (EC) No 1008/2008 of the European Parliament
and of the Council of 24 September 2008 on common rules for the operation of air services in the Community. The
provisions of Article 4 of this Agreement with regard to the reciprocal recognition of fitness and/or citizenship
determinations made by the competent authorities of Georgia shall be applied by the competent authorities of the
European Union upon the confirmation by the Joint Committee of the full application by Georgia of such operating
licensing rules.
7. Without prejudice to a decision within the Joint Committee or within Article 24 (Safeguard measures), airworthiness
of aircraft registered at the date of signature in the Georgian register and used by operators under the regulatory
control of Georgia, which do not have a type certificate issued by EASA in accordance with the relevant EU legislation
in Part C of Annex III to this Agreement, can be managed under the responsibility of the Georgian competent
authorities in accordance with the applicable national requirements of Georgia until:
(a) 1 January 2015 for certain aircraft engaged in cargo-only operations;
(b) 31 December 2019 for certain helicopters and light and ultra-light aircraft engaged in operations such as search
and rescue, aerial work, training, emergency, agricultural and humanitarian flights in accordance with the oper
ational certificates of the respective carriers, provided the aircraft complies with international aviation safety
standards established pursuant to the Convention. Such aircraft shall not benefit from any additional rights
granted under this Agreement after the decision referred to in paragraph 1 of this Annex has been adopted.

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L 321/24
EN
Official Journal of the European Union
20.11.2012
ANNEX III
(Subject to regular update)
RULES APPLICABLE TO CIVIL AVIATION
The ‘applicable provisions’ of the following acts shall be applicable in accordance with this Agreement unless otherwise
specified in this Annex or in Annex II to this Agreement (transitional provisions). Where necessary, specific adaptations
for each individual act are set out hereafter:
A. Market access and ancillary issues
No 95/93
Council Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at Community
airports
as amended by:
Regulation (EC) No 894/2002 of the European Parliament and of the Council of 27 May 2002 amending Council
Regulation (EEC) No 95/93
Regulation (EC) No 1554/2003 of the European Parliament and of the Council of 22 July 2003 amending Council
Regulation (EEC) No 95/93
Regulation (EC) No 793/2004 of the European Parliament and of the Council of 21 April 2004 amending Council
Regulation (EEC) No 95/93
Applicable provisions: Articles 1 to 12, and 14a(2)
As regards the application of Article 12(2), the term ‘the Commission’ shall read ‘the Joint Committee’
No 96/67
Council Directive 96/67/EC of 15 October 1996 on access to the ground handling market at Community airports
Applicable provisions: Articles 1 to 25 and Annex
As regards the application of Article 10, the term ‘Member States’ shall read ‘Member States of the European Union’
As regards the application of Article 20(2), the term ‘the Commission’ shall read ‘the Joint Committee’
No 785/2004
Regulation (EC) No 785/2004 of the European Parliament and of the Council of 21 April 2004 on insurance
requirements for air carriers and aircraft operators
Applicable provisions: Articles 1 to 8, and 10(2)
No 2009/12
Directive 2009/12/EC of the European Parliament and of the Council of 11 March 2009 on airport charges
Applicable provisions: Articles 1 to 12
B. Air traffic management
No 549/2004
Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the
framework for the creation of the single European sky (the framework Regulation)
Applicable provisions: Articles 1 to 4, 6, and 9 to 14
No 550/2004
Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 2004 on the provision of
air navigation services in the single European sky (the service provision Regulation)
Applicable provisions: Articles 1 to 19, Annexes I and II

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Union L
321/25
No 551/2004
Regulation (EC) No 551/2004 of the European Parliament and of the Council of 10 March 2004 on the organisation
and use of the airspace in the single European sky (the airspace Regulation)
Applicable provisions: Articles 1 to 11
No 552/2004
Regulation (EC) No 552/2004 of the European Parliament and of the Council of 10 March 2004 on the inter
operability of the European Air Traffic Management network (the interoperability Regulation)
Applicable provisions: Articles 1 to 12, Annexes I to V
No 2096/2005
Commission Regulation (EC) No 2096/2005 of 20 December 2005 laying down common requirements for the
provision of air navigation services
as amended by:
Commission Regulation (EC) No 1315/2007 of 8 November 2007 on safety oversight in air traffic management and
amending Regulation (EC) 2096/2005
Commission Regulation (EC) No 482/2008 of 30 May 2008 establishing a software safety assurance system to be
implemented by air navigation service providers and amending Annex II to Regulation (EC) No 2096/2005
Commission Regulation (EC) No 668/2008 of 15 July 2008 amending Annexes II to V of Regulation (EC) No
2096/2005 laying down common requirements for the provision of air navigation services, as regards working
methods and operating procedures
Applicable provisions: Articles 1 to 9, Annexes I to V
No 2150/2005
Commission Regulation (EC) No 2150/2005 of 23 December 2005 laying down common rules for the flexible use of
airspace
No 2006/23
Directive 2006/23/EC of the European Parliament and of the Council of 5 April 2006 on a Community air traffic
controller licence
Applicable provisions: Articles 1 to 16, 18, 19, 20 and Annexes I to IV
No 730/2006
Commission Regulation (EC) No 730/2006 of 11 May 2006 on airspace classification and access of flights operated
under visual flight rules above flight level 195
No 1794/2006
Commission Regulation (EC) No 1794/2006 of 6 December 2006 laying down a common charging scheme for air
navigation services
No 1033/2006
Commission Regulation (EC) No 1033/2006 of 4 July 2006 laying down the requirements on procedures for flight
plans in the pre-flight phase for the single European sky
No 1032/2006
Commission Regulation (EC) No 1032/2006 of 6 July 2006 laying down requirements for automatic systems for the
exchange of flight data for the purpose of notification, coordination and transfer of flights between air traffic control
units
No 219/2007
Council Regulation (EC) No 219/2007 of 27 February 2007 on the establishment of a Joint Undertaking to develop
the new generation European air traffic management system (SESAR)
Applicable provisions: Article 1(1)-(2) and (5)-(7), Articles 2 to 3, Article 4(1), Annex

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L 321/26
EN
Official Journal of the European Union
20.11.2012
No 633/2007
Commission Regulation (EC) No 633/2007 of 7 June 2007 laying down requirements for the application of a flight
message transfer protocol used for the purpose of notification, coordination and transfer of flights between air traffic
control units
Applicable provisions: Articles 1 to 7, the second and third sentences of Article 8, Annexes I to IV
No 1265/2007
Commission Regulation (EC) No 1265/2007 of 26 October 2007 laying down requirements on air-ground voice
channel spacing for the single European sky
Applicable provisions: Articles 1 to 9, Annexes I to IV
No 1315/2007
Commission Regulation (EC) No 1315/2007 of 8 November 2007 on safety oversight in air traffic management and
amending Regulation (EC) No 2096/2005
Applicable provisions: Articles 1 to 15
No 482/2008
Commission Regulation (EC) No 482/2008 of 30 May 2008 establishing a software safety assurance system to be
implemented by air navigation service providers and amending Annex II to Regulation (EC) No 2096/2005
Applicable provisions: Articles 1 to 5, Annexes I to II
No 668/2008
Commission Regulation (EC) No 668/2008 of 15 July 2008 amending Annexes II to V of Regulation (EC) No
2096/2005 laying down common requirements for the provision of air navigation services, as regards working
methods and operating procedures
Applicable provisions: Articles 1 to 2
No 1361/2008
Council Regulation (EC) No 1361/2008 of 16 December 2008 amending Regulation (EC) No 219/2007 on the
establishment of a joint undertaking to develop the new generation European air traffic management system (SESAR)
Applicable provisions: Articles 1 to 5 (with the exception of Article 1.6), Annex (with the exception of points
11 and 12)
No 29/2009
Commission Regulation (EC) No 29/2009 of 16 January 2009 laying down requirements on data link services for the
single European sky
Applicable provisions: Articles 1 to 15, Annexes I-VII
No 30/2009
Commission Regulation (EC) No 30/2009 of 16 January 2009 amending Regulation (EC) No 1032/2006 as far as the
requirements for automatic systems for the exchange of flight data supporting data link services are concerned
Applicable provisions: Articles 1 to 2, Annex
No 262/2009
Commission Regulation (EC) No 262/2009 of 30 March 2009 laying down requirements for the coordinated
allocation and use of Mode S interrogator codes for the single European sky
Applicable provisions: Articles 1 to 13, Annexes I-III
No 1070/2009
Regulation (EC) No 1070/2009 of the European Parliament and of the Council of 21 October 2009 amending
Regulations (EC) No 549/2004, (EC) No 550/2004, (EC) No 551/2004 and (EC) No 552/2004 in order to improve
the performance and sustainability of the European aviation system
Applicable provisions: Articles 1 to 5, with the exception of Article 1.4

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Union L
321/27
C. Aviation safety
No 3922/91
Council Regulation (EEC) No 3922/91 of 16 December 1991 on the harmonisation of technical requirements and
administrative procedures in the field of civil aviation
as amended by:
Commission Regulation (EC) No 2176/96 of 13 November 1996 amending to scientific and technical progress
Council Regulation (EEC) No 3922/91
Commission Regulation (EC) No 1069/1999 of 25 May 1999 adapting to scientific and technical progress Council
Regulation (EEC) No 3922/91
Commission Regulation (EC) No 2871/2000 of 28 December 2000 adapting to scientific and technical progress
Council Regulation (EEC) 3922/91 on the harmonisation of technical requirements and administrative procedures in
the field of civil aviation
Regulation (EC) No 1592/2002 of the European Parliament and of the Council of 15 July 2002 on common rules in
the field of civil aviation and establishing a European Aviation Safety Agency
Regulation (EC) No 1899/2006 of the European Parliament and of the Council of 12 December 2006 amending
Council Regulation (EEC) No 3922/91 on the harmonisation of technical requirements and administrative procedures
in the field of civil aviation
Regulation (EC) No 1900/2006 of the European Parliament and of the Council of 20 December 2006 amending
Council Regulation (EEC) No 3922/91 on the harmonisation of technical requirements and administrative procedures
in the field of civil aviation
Commission Regulation (EC) No 8/2008 of 11 December 2007 amending Council Regulation (EEC) No 3922/91 as
regards common technical requirements and administrative procedures applicable to commercial transportation by
aeroplane
Commission Regulation (EC) No 859/2008 of 20 August 2008 amending Council Regulation (EEC) No 3922/91 as
regards common technical requirements and administrative procedures applicable to commercial transportation by
aeroplane
Applicable provisions: Articles 1 to 10, 12 to13 with the exception of Article 4(1) and Article 8(2) (second sentence),
Annexes I to III
As regards the application of Article 12, ‘Member States’ shall read ‘Member States of the European Union’
No 216/2008
Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules
in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive
91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC
Applicable provisions: Articles 1 to 68 with the exception of Article 65, the second subparagraph of Article 69(1),
Article 69(4), Annexes I to VI
as amended by:
Commission Regulation (EC) No 690/2009 of 30 July 2009 amending Regulation (EC) No 216/2008 of the European
Parliament and the Council on common rules in the field of civil aviation and establishing a European Aviation Safety
Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC
Regulation (EC) No 1108/2009 of the European Parliament and of the Council of 21 October 2009 amending
Regulation (EC) No 216/2008 in the field of aerodromes, air traffic management and air navigation services and
repealing Directive 2006/23/EC
Applicable provisions: Articles 1 to 3 (with the exception of Article 1.7 establishing new Articles 8a.5, 8b.6 and
8c.10), Annex

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L 321/28
EN
Official Journal of the European Union
20.11.2012
No 94/56
Council Directive 94/56/EC of 21 November 1994 establishing the fundamental principles governing the investi
gations of civil aviation accidents and incidents
Applicable provisions: Articles 1 to 12
No 2003/42
Directive 2003/42/EC of the European Parliament and of the Council of 13 June 2003 on occurrence reporting in
civil aviation
Applicable provisions: Articles 1 to 11, Annexes I and II
No 1321/2007
Commission Regulation (EC) No 1321/2007 of 12 November 2007 laying down implementing rules for the inte
gration into a central repository of information on civil aviation occurrences exchanged in accordance with Directive
2003/42/EC of the European Parliament and of the Council
Applicable provisions: Articles 1 to 4
No 1330/2007
Commission Regulation (EC) No 1330/2007 of 24 September 2007 laying down implementing rules for the
dissemination to interested parties of information on civil aviation occurrences referred to in Article 7(2) of
Directive 2003/42/EC of the European Parliament and of the Council
Applicable provisions: Articles 1 to 10, Annexes I to II
No 1702/2003
Commission Regulation (EC) No 1702/2003 of 24 September 2003 laying down implementing rules for the
airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for
the certification of design and production organisations
as amended by:
Commission Regulation (EC) No 381/2005 of 7 March 2005 amending Regulation (EC) No 1702/2003 laying down
implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and
appliances, as well as for the certification of design and production organisations
Commission Regulation (EC) No 706/2006 of 8 May 2006 amending Regulation (EC) No 1702/2003 as regards the
period during which Member States may issue approvals of a limited duration
Commission Regulation (EC) No 335/2007 of 28 March 2007 amending Regulation (EC) No 1702/2003 as regards
the implementing rules related to environmental certification of aircraft and related products, parts and appliances
Commission Regulation (EC) No 375/2007 of 30 March 2007 amending Regulation (EC) No 1702/2003 laying down
implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and
appliances, as well as for the certification of design and production organisations
Commission Regulation (EC) No 287/2008 of 28 March 2008 on the extension of the period of validity of referred to
in Article 2c(3) of Regulation (EC) No 1702/2003
Commission Regulation (EC) No 1057/2008 of 27 October 2008 amending Appendix II of Annex to Regulation (EC)
No 1702/2003 concerning the Airworthiness Review Certificate (EASA Form 15a)
Commission Regulation (EC) No 1194/2009 of 30 November 2009 amending Regulation (EC) No 1702/2003 laying
down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts
and appliances as well as for certification of design and production organisations
Note: Corrected by Corrigendum to Commission Regulation (EC) No 1194/2009 of 30 November 2009 amending
Regulation (EC) No 1702/2003 laying down implementing rules for the airworthiness and environmental certification
of aircraft and related products, parts and appliances as well as for certification of design and production organisations
(OJ L 321, 8.12.2009)
Applicable provisions: Articles 1 to 4, Annex. The transitional periods referred to in this Regulation shall be
determined by the Joint Committee

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No 2042/2003
Commission Regulation (EC) No 2042/2003 of 20 November 2003 on the continuing airworthiness of aircraft and
aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these
tasks
as amended by:
Commission Regulation (EC) No 707/2006 of 8 May 2006 amending Regulation (EC) No 2042/2003 as regards
approvals of a limited duration and Annexes I and III
Commission Regulation (EC) No 376/2007 of 30 March 2007 amending Regulation (EC) No 2042/2003 on the
continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organi
sations and personnel involved in these tasks
Commission Regulation (EC) No 1056/2008 of 27 October 2008 amending Regulation (EC) No 2042/2003 on the
continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organi
sations and personnel involved in these tasks
Commission Regulation (EU) No 127/2010 of 5 February 2010 amending Regulation (EC) No 2042/2003 on the
continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organi
sations and personnel involved in these tasks
Applicable provisions: Articles 1 to 6, Annexes I to IV
No 104/2004
Commission Regulation (EC) No 104/2004 of 22 January 2004 laying down rules on the organisation and
composition of the Board of Appeal of the European Aviation Safety Agency
Applicable provisions: Articles 1 to 7 and Annex
No 593/2007
Commission Regulation (EC) No 593/2007 of 31 May 2007 on the fees and charges levied by the European Aviation
Safety Agency
as amended by:
Commission Regulation (EC) No 1356/2008 of 23 December 2008 amending Regulation (EC) No 593/2007 on the
fees and charges levied by the European Aviation Safety Agency
Applicable provisions: Articles 1 to 12, Article 14(2), Annex
No 736/2006
Commission Regulation (EC) No 736/2006 of 16 May 2006 on working methods of the European Aviation Safety
Agency for conducting standardisation inspections
Applicable provisions: Articles 1 to 18
No 768/2006
Commission Regulation (EC) No 768/2006 of 19 May 2006 implementing Directive 2004/36/EC of the European
Parliament and of the Council as regards the collection and exchange of information on the safety of aircraft using
Community airports and the management of the information system
Applicable provisions: Articles 1 to 5
No 2111/2005
Regulation (EC) No 2111/2005 of the European Parliament and of the Council of 14 December 2005 on the
establishment of a Community list of air carriers subject to an operating ban within the Community and on
informing air transport passengers of the identity of the operating air carrier, and repealing Article 9 of Directive
2004/36/EC
Applicable provisions: Articles 1-13, Annex
Commission Regulation (EC) No 473/2006 of 22 March 2006 laying down implementing rules for the Community
list of carriers which are subject to an operating ban within the Community referred to in Chapter II of Regulation
(EC) No 2111/2005 of the European Parliament and of the Council

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Official Journal of the European Union
20.11.2012
Applicable provisions: Articles 1 to 6 and Annexes A to C
Commission Regulation (EC) No 474/2006 of 22 March 2006 establishing the Community list of air carriers which
are subject to an operating ban within the Community referred to in Chapter II of Regulation (EC) No 2111/2005 of
the European Parliament and of the Council, and as subsequently amended
Applicable provisions: Articles 1 to 3 and Annexes A and B
D. Aviation security
No 300/2008
Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in
the field of civil aviation security and repealing Regulation (EC) No 2320/2002
Applicable provisions: Articles 1 to 18, Article 21, Annex
No 18/2010
Commission Regulation (EU) No 18/2010 of 8 January 2010 amending Regulation (EC) No 300/2008 of the
European Parliament and of the Council as far as specifications for national quality control programmes in the
field of civil aviation security are concerned
No 272/2009
Commission Regulation (EC) No 272/2009 of 2 April 2009 supplementing the common basic standards on civil
aviation security laid down in the Annex to Regulation (EC) No 300/2008 of the European Parliament and of the
Council
No 1254/2009
Commission Regulation (EU) No 1254/2009 of 18 December 2009 setting criteria to allow Member States to
derogate from the common basic standards on civil aviation security and to adopt alternative security measures
Commission Regulation (EU) No … of … laying down detailed measures for the implementation of the common
basic standards on aviation security [under EU adoption]
Commission Decision (EU) No … of … laying down detailed measures for the implementation of the common basic
standards on aviation security containing information as referred to in point (a) of Article 18 of Regulation (EC) No
300/2008 [under EU adoption]
E. Environment
No 2006/93
Directive 2006/93/EC of the European Parliament and of the Council of 12 December 2006 on the regulation of the
operation of aeroplanes covered by Part II, Chapter 3, Volume 1 of Annex 16 to the Convention on International Civil
Aviation, second edition
Applicable provisions: Articles 1 to 6 and Annexes I and II
No 2002/30
Directive 2002/30/EC of the European Parliament and of the Council of 26 March 2002 on the establishment of rules
and procedures with regard to the introduction of noise-related operating restrictions at Community airports
As amended or adapted by the 2003 Act of Accession and the 2005 Act of Accession
Applicable provisions: Articles 1 to 15, Annexes I and II
No 2002/49
Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and
management of environmental noise
Applicable provisions: Articles 1 to 16, Annexes I to VI

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F. Social aspects
No 2000/79
Council Directive 2000/79/EC of 27 November 2000 concerning the European Agreement on the Organisation of
Working Time of Mobile Workers in Civil Aviation concluded by the Association of European Airlines (AEA), the
European Transport Workers’ Federation (ETF), the European Cockpit Association (ECA), the European Regions Airline
Association (ERA) and the International Air Carrier Association (IACA)
Applicable provisions: Articles 2 to 3, Annex
No 2003/88
Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects
of the organisation of working time
Applicable provisions: Article 1 to 19, 21 to 24 and 26 to 29
G. Consumer protection
No 90/314
Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours
Applicable provisions: Articles 1 to 10
No 95/46
Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of
individuals with regard to the processing of personal data and on the free movement of such data
Applicable provisions: Articles 1 to 34
No 2027/97
Council Regulation (EC) No 2027/97 of 9 October 1997 on air carrier liability in the event of accidents
as amended by:
Regulation (EC) No 889/2002 of the European Parliament and of the Council of 13 May 2002 amending Council
Regulation (EC) No 2027/97
Applicable provisions: Articles 1 to 8
No 261/2004
Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing
common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or
long delay of flights, and repealing Regulation (EEC) No 295/91
Applicable provisions: Articles 1 to 17
No 1107/2006
Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights
of disabled persons and persons with reduced mobility when travelling by air
Applicable provisions: Articles 1 to 17, Annexes I and II
H. Other legislation
No 80/2009
Regulation (EC) No 80/2009 of the European Parliament and of the Council of 14 January 2009 on a Code of
Conduct for computerised reservation systems and repealing Council Regulation (EEC) No 2299/89
Applicable provisions: Articles 1 to 18 and Annexes I and II

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ANNEX IV
LIST OF OTHER STATES REFERRED TO IN ARTICLES 3 AND 5, AND ANNEX I
1. The Republic of Iceland (under the Agreement on the European Economic Area);
2. The Principality of Liechtenstein (under the Agreement on the European Economic Area);
3. The Kingdom of Norway (under the Agreement on the European Economic Area);
4. The Swiss Confederation (under the Agreement between the European Community and the Swiss Confederation).

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