HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"EN
20.10.2012 Official
Journal
of
the
European
Union
L
292/3
COMMON AVIATION AREA AGREEMENT
between the European Union and its Member States and the Republic of Moldova
THE KINGDOM OF BELGIUM,
THE REPUBLIC OF BULGARIA,
THE CZECH REPUBLIC,
THE KINGDOM OF DENMARK,
THE FEDERAL REPUBLIC OF GERMANY,
THE REPUBLIC OF ESTONIA,
IRELAND,
THE HELLENIC REPUBLIC,
THE KINGDOM OF SPAIN,
THE FRENCH REPUBLIC,
THE ITALIAN REPUBLIC,
THE REPUBLIC OF CYPRUS,
THE REPUBLIC OF LATVIA,
THE REPUBLIC OF LITHUANIA,
THE GRAND DUCHY OF LUXEMBOURG,
HUNGARY,
MALTA,
THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA,
THE REPUBLIC OF POLAND,
THE PORTUGUESE REPUBLIC,
ROMANIA,
THE REPUBLIC OF SLOVENIA,
THE SLOVAK REPUBLIC,
THE REPUBLIC OF FINLAND,
THE KINGDOM OF SWEDEN,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
Contracting Parties to the Treaty on European Union and the Treaty on the Functioning of the European Union (here
inafter together referred to as ‘the EU Treaties’), and being Member States of the European Union, and

---

L 292/4
EN
Official Journal of the European Union
20.10.2012
THE EUROPEAN UNION,
of the one part, and
THE REPUBLIC OF MOLDOVA,
of the other part,
NOTING the Agreement on Partnership and Cooperation between the European Communities and their Member States,
of the one part, and the Republic of Moldova, of the other part, done at Brussels on 28 November 1994;
DESIRING to create a Common Aviation Area (CAA) based on the goal of opening access to markets of the Parties, with
equal conditions of competition, and respect of the same rules – including in the areas of safety, security, air traffic
management, social aspects and the environment;
DESIRING to facilitate the expansion of air transport opportunities, including through the development of air transport
networks to meet the needs of passengers and shippers for convenient air transport services;
RECOGNISING the importance of air transport in promoting trade, tourism and investment;
NOTING the Convention on International Civil Aviation, opened for signature at Chicago on 7 December 1944;
AGREEING that it is appropriate to base the CAA rules on the relevant legislation in force within the European Union, as
laid down in Annex III to this Agreement;
RECOGNISING that full compliance with the CAA rules entitle the Parties to reap its full advantages including opening
access to markets and maximising benefits for the consumers, and the industries and labour of both Parties;
RECOGNISING that the creation of the CAA and implementation of its rules cannot be achieved without transitional
arrangements where necessary;
RECOGNISING the importance of adequate assistance in this regard;
DESIRING to make it possible for air carriers to offer the travelling and shipping public competitive prices and services in
open markets;
DESIRING to have all sectors of the air transport industry, including air carrier workers, benefit from a liberalised
agreement;
DESIRING to ensure the highest degree of safety and security in international air transport and reaffirming their grave
concern with regard to acts or threats against the security of aircraft, which jeopardise the safety of persons or property,
adversely affect the operation of aircraft and undermine the confidence of the travelling public in the safety of civil
aviation;
DESIRING to ensure a level playing field for air carriers, allowing fair and equal opportunity for their air carriers to
provide the agreed services;
RECOGNISING that subsidies may adversely affect air carrier competition and may jeopardise the basic objectives of this
Agreement;
AFFIRMING the importance of protecting the environment in developing and implementing international aviation policy
and recognising the rights of sovereign States to take appropriate measures to this effect;

---

EN
20.10.2012 Official
Journal
of
the
European
Union
L
292/5
NOTING the importance of protecting consumers, including the protections afforded by the Convention for the Unifi
cation of Certain Rules for International Carriage by Air, done at Montreal 28 May 1999;
INTENDING to build upon the framework of existing air transport agreements with the goal of opening access to markets
and maximising benefits for the consumers, air carriers, labour, and communities of both Parties,
HAVE AGREED AS FOLLOWS:
Article 1
Republic of Moldova and the Member State or
Member States of the European Union as is relevant
Definitions
to the issue in question;
For the purposes of this Agreement:
(8) ‘Fifth freedom right’ means the right or privilege granted
(1) ‘Agreed services’ and ‘Specified routes’ mean international
by one state (the ‘Granting State’) to the air carriers of
air transport pursuant to Article 2 (Grant of Rights) of,
another State (the ‘Recipient State’), to provide inter
and Annex I to, this Agreement;
national air transport services between the territory of
the Granting State and the territory of a third state,
subject to the condition that such services originate or
terminate in the territory of the Recipient State;
(2) ‘Agreement’ means this Agreement, its Annexes, and any
amendments thereto;
(9) ‘Full cost’ means the cost of providing service plus a
(3) ‘Air transport’ means the carriage by aircraft of passengers,
reasonable charge for administrative overhead and where
baggage, cargo, and mail, separately or in combination,
relevant any applicable charges aimed at reflecting envi
held out to the public for remuneration or hire, which,
ronmental costs and applied without distinction as to
for the avoidance of doubt, shall include scheduled and
nationality;
non-scheduled (charter) services, and full cargo services;
(10) ‘International air transport’ means air transport which
(4) ‘Competent authorities’ means the government agencies or
passes through the air space over the territory of more
entities responsible for the administrative functions under
than one State;
this Agreement;
(11) ‘ECAA Agreement’ means the multilateral Agreement
(5) ‘Fitness’ means whether an air carrier is fit to operate
between the European Community and its Member
international air services, that is to say, whether it has
States, the Republic of Albania, Bosnia and Herzegovina,
satisfactory financial capability and adequate managerial
the Republic of Croatia, the former Yugoslav Republic of
expertise and is disposed to comply with the laws, regu
Macedonia, the Republic of Iceland, the Republic of
lations, and requirements which govern the operation of
Montenegro, the Kingdom of Norway, the Republic of
such services;
Serbia and the United Nations Interim Administration
Mission in Kosovo
( 1 ) on the establishment of a
European Common Aviation Area.
(6) ‘Citizenship’ means whether an air carrier satisfies
requirements regarding such issues as its ownership,
effective control, and principal place of business.
(12) ‘European Neighbourhood Policy partners’ mean Algeria,
Armenia, Azerbaijan, Belarus, Egypt, Georgia, Israel,
Jordan, Lebanon, Libya, the Republic of Moldova,
Morocco, Occupied Palestinian Territory, Syria, Tunisia
(7) ‘Convention’ means the Convention on International Civil
and Ukraine.
Aviation, opened for signature at Chicago on 7 December
1944, and includes:
(13) ‘National’ means any person having Moldovan nationality
for the Moldovan Party, or the nationality of a Member
(a) any amendment that has entered into force under
State for the European Party, or entity, insofar as, in the
Article 94(a) of the Convention and has been ratified
case of a legal entity, it is at all times under the effective
by both the Republic of Moldova and the Member
control, be it directly or by majority participation, of
State or Member States of the European Union, and
persons having Moldovan nationality for the Moldovan
Party, or persons or entities having the nationality of a
Member State or one of the third countries identified in
(b) any Annex or any amendment thereto adopted under
Annex IV for the European Party;
Article 90 of the Convention, insofar as such Annex or
amendment is at any given time effective for both the
( 1 ) Pursuant to UN Security Council Resolution 1244 of 10 June 1999.

---

L 292/6
EN
Official Journal of the European Union
20.10.2012
(14) ‘Operating Licences’ means,
such as grants, loans or equity infusion, potential
direct transfer of funds to the company, the
assumption of liabilities of the company such as loan
(i) in the case of the European Union and its Member
guarantees, capital injections, ownership, protection
States operating licences and any other relevant
against bankruptcy or insurance;
documents or certificates given under the relevant EU
legislation in force and,
(b) revenue of a government or regional body or other
(ii) in the case of licences of the Republic of Moldova,
public organisation that is otherwise due is foregone,
certificates or permits given under the relevant legis
not collected, or unduly diminished;
lation in force in the Republic of Moldova;
(15) ‘Parties’ shall mean, on the one hand, the European Union
(c) a government or regional body or other public organi
or its Member States, or the European Union and its
sation provides goods or services other than general
Member States, in accordance with their respective
infrastructure, or purchases goods or services; or
powers (the European Party), and, on the other hand,
the Republic of Moldova (the Moldovan Party);
(d) a government or regional body or other public organi
(16) ‘Price’ means:
sation makes payments to a funding mechanism or
entrusts or directs a private body to carry out one
or more of the type of functions illustrated under
(i) ‘air fares’ to be paid to air carriers or their agents or
points (a), (b) and (c) which would normally be
other ticket sellers for the carriage of passengers and
vested in the government and, in practice, in no real
baggage on air services and any conditions under
sense differs from practices normally followed by
which those prices apply, including remuneration and
governments;
conditions offered to agency and other auxiliary
services; and
and where a benefit is thereby conferred.
(ii) ‘air rates’ to be paid for the carriage of mail and cargo
and the conditions under which those prices apply,
including remuneration and conditions offered to
agency and other auxiliary services.
(20) ‘SESAR’ means the technological element of the Single
European Sky which aims by 2020 to give the EU a
high-performance air traffic control infrastructure to
This definition covers, where applicable, the surface
enable the safe and environmentally friendly development
transport in connection with international air transport,
of air transport;
and the conditions to which their application is subject.
(17) ‘Principal place of business’ means the head office or
(21) ‘Territory’ means, for the Republic of Moldova, the land
registered office of an air carrier in the Party within
areas and territorial waters adjacent thereto under its
which the principal financial functions and operational
sovereignty, suzerainty, protection or mandate, and, for
control, including continued airworthiness management,
the European Union, the land areas (mainland and
of the air carrier are exercised;
islands), internal waters and territorial sea in which the
EU Treaties are applied and under the conditions laid
down in those Treaties and any successor instrument.
(18) ‘Public service obligation’ means any obligation imposed
The application of this Agreement to the Gibraltar
upon air carriers to ensure on a specified route the
Airport is understood to be without prejudice to the
minimum provision of scheduled air services satisfying
respective legal positions of the Kingdom of Spain and
fixed standards of continuity, regularity, pricing and
the United Kingdom with regard to the dispute over sover
minimum capacity which air carriers would not assume
eignty over the territory in which the airport is situated
if they were solely considering their commercial interest.
and to the continuing suspension of Gibraltar Airport
Air carriers may be compensated by the Party concerned
from EU aviation measures existing as at 18 September
for fulfilling public service obligations;
2006 as between Member States in accordance with the
Ministerial Statement on Gibraltar Airport agreed in
Cordoba on 18 September 2006;
(19) ‘Subsidy’ means any financial contribution granted by the
authorities or a regional organisation or another public
organisation, i.e. when:
(22) ‘User charge’ means a charge imposed on air carriers for
the provision of airport, airport environmental, air navi
(a) a practice of a government or regional body or other
gation, or aviation security facilities or services including
public organisation involves a direct transfer of funds
related services and facilities;

---

EN
20.10.2012 Official
Journal
of
the
European
Union
L
292/7
TITLE I
(b) for an air carrier of the European Union:
ECONOMIC PROVISIONS
Article 2
— the air carrier has its principal place of business in the
territory of a Member State under the EU Treaties, and
Grant of Rights
holds a valid operating licence; and
1. Each Party shall grant to the other Party in accordance
with Annex I and Annex II to this Agreement the following
rights for the conduct of international air transport by the air
— effective regulatory control of the air carrier is exercised
carriers of the other Party:
and maintained by the Member State responsible for
issuing its Air Operators Certificate and the relevant
(a) the right to fly across its territory without landing;
Competent Authority is clearly identified; and
(b) the right to make stops in its territory for any purpose other
— unless otherwise determined under Article 6
than taking on or discharging passengers, baggage, cargo
(Investment) of this Agreement, the air carrier is
and/or mail in air transport (non-traffic purposes);
owned, directly or through majority ownership, and
effectively controlled by Member States and/or by
(c) while operating an agreed service on a specified route, the
nationals of the Member States, or by other States
right to make stops in its territory for the purpose of taking
listed in Annex IV to this Agreement, and/or of the
up and discharging international traffic in passengers, cargo
nationals of these other States;
and/or mail, separately or in combination; and
(d) the rights otherwise specified in this Agreement.
(c) the air carrier meets the conditions prescribed under the
laws and regulations normally applied by the competent
authority; and
2. Nothing
in
this
Agreement
shall
be
deemed
to
confer
on
the air carriers of:
(d) the provisions set forth in Article 14 (Aviation Safety) and
(a) The Republic of Moldova the right to take on board, in the
Article 15 (Aviation Security) of this Agreement are being
territory of any Member State, passengers, baggage, cargo,
maintained and administered.
and/or mail carried for compensation and destined for
another point in the territory of that Member State;
Article 4
(b) the European Union the right to take on board, in the
Reciprocal Recognition of Regulatory Determinations with
territory of the Republic of Moldova, passengers, baggage,
regard to Airline Fitness, ownership and control
cargo, and/or mail carried for compensation and destined
for another point in the territory of the Republic of
Upon receipt of an application for authorisation from an air
Moldova.
carrier of one Party, the competent authorities of the other Party
shall recognise any fitness and/or citizenship determination
Article 3
made by the competent authorities of the first Party with
respect to that air carrier as if such determination had been
Authorisation
made by its own competent authorities, and not inquire
further into such matters, except as provided for in points (a)
On receipt of applications for operating authorisation from an
and (b) below:
air carrier of one Party the competent authorities of the other
Party shall grant appropriate authorisations with minimum
procedural delay, provided that:
(a) If, after receipt of an application for authorisation from an
air carrier, or after the grant of such authorisation, the
(a) for an air carrier of the Republic of Moldova:
competent authorities of the receiving Party have a
specific reason for concern that, despite the determination
— the air carrier has its principal place of business in the
made by the competent authorities of the other Party
Republic of Moldova and holds a valid operating licence
including where issues of dual citizenship were involved,
in accordance with the applicable law of the Republic of
the conditions prescribed in Article 3 (Authorisation) of
Moldova; and
this Agreement for the grant of appropriate authorisations
or permissions have not been met, then they are to
promptly advise those authorities, giving substantive
— effective regulatory control of the air carrier is exercised
reasons for their concern. In that event, either Party may
and maintained by the Republic of Moldova; and
seek consultations, which may include representatives of the
relevant competent authorities, and/or additional
— unless otherwise determined under Article 6
information relevant to this concern, and such requests
(Investment) of this Agreement, the air carrier is
are to be met as soon as practicable. If the matter
owned, directly or through majority ownership, and
remains unresolved, either Party may bring the matter to
effectively controlled by the Republic of Moldova
the Joint Committee set up under Article 22 (Joint
and/or its nationals.
Committee) of this Agreement.

---

L 292/8
EN
Official Journal of the European Union
20.10.2012
(b) This Article does not cover recognition of determinations in
(d) the provisions set forth in Article 14 (Aviation Safety) and
relation to:
Article 15 (Aviation Security) of this Agreement are not
being maintained or administered; or
— Safety certificates or licences;
(e) a Party has made the determination in accordance with
— Security arrangements; or
Article 8 (Competitive Environment) of this Agreement
that the conditions for a competitive environment are not
— Insurance coverage.
being fulfilled.
Article 5
2. Unless
immediate
action
is
essential
to
prevent
further
Refusal, Revocation, Suspension, Limitation of
non-compliance with points (c) or (d) of paragraph 1 of this
Authorisation
Article, the rights established by this Article shall be exercised
only after consultation with the competent authorities of the
1. The
competent
authorities
of
either
Party
may
refuse, other Party.
revoke, suspend or limit the operating authorisations or
otherwise suspend or limit the operations of an air carrier of
another Party where:
3. Neither
Party
shall
use
its
rights
established
by
this
Article
to refuse, revoke, suspend or limit authorisations or permissions
(a) for an air carrier of the Republic of Moldova:
of any air carriers of a Party on the grounds that majority
ownership and/or effective control of that air carrier is vested
— the air carrier does not have its principal place of
in one or more Parties to the ECAA Agreement or their
business in the Republic of Moldova or does not have
nationals, provided that such Party or Parties to the ECAA
a valid operating licence in accordance with the
Agreement offer reciprocal treatment and provided that such
applicable law of the Republic of Moldova; or
Party or Parties apply the terms and conditions of the ECAA
Agreement.
— effective regulatory control of the air carrier is not
exercised or maintained by the Republic of Moldova; or
Article 6
Investment
— unless otherwise determined under Article 6
(Investment) of this Agreement, the air carrier is not
1. Notwithstanding Articles 3 (Authorisation) and 5 (Refusal,
owned, directly or through majority ownership, or effec
Revocation, Suspension, Limitation of Authorisation) of this
tively controlled, by the Republic of Moldova and/or
Agreement, the majority ownership or the effective control of
nationals of the Republic of Moldova.
an air carrier of the Republic of Moldova by Member States
and/or their nationals shall be permitted.
(b) for an air carrier of the European Union:
2. Notwithstanding Articles 3 (Authorisation) and 5 (Refusal,
— the air carrier does not have its principal place of
Revocation, Suspension, Limitation of Authorisation) of this
business in the territory of a Member State under the
Agreement, the majority ownership or the effective control of
EU Treaties, or does not have a valid operating licence;
an air carrier of the European Union by the Republic of
or
Moldova and/or its nationals, shall be permitted by virtue of
a prior decision of the Joint Committee established by this
— effective regulatory control of the air carrier is not
Agreement in accordance with Article 22 (2) (Joint Committee)
exercised or maintained by the Member State
of this Agreement. This decision shall specify the conditions
responsible for issuing its Air Operators Certificate or
associated with the operation of the agreed services under this
the competent authority is not clearly identified; or
Agreement and with the services between third countries and
the Parties. The provisions of Article 22 (8) (Joint Committee)
of this Agreement shall not apply to this type of decision.
— unless otherwise determined under Article 6
(Investment) of this Agreement, the air carrier is not
owned, directly or through majority, or effectively
controlled, by Member States and/or nationals of
Article 7
Member States, or by the other States listed in Annex
Compliance with laws and regulations
IV to this Agreement, and/or nationals of these other
States;
1. While
entering,
within,
or
leaving
the
territory
of
one
Party, the laws and regulations applicable within that territory
relating to the admission to or departure from its territory of
(c) the air carrier has failed to comply with the laws and regu
aircraft engaged in air transport, or to the operation and navi
lations referred to in Article 7 (Compliance with Laws and
gation of aircraft shall be complied with by the other Party's air
Regulations) of this Agreement; or
carriers.

---

EN
20.10.2012 Official
Journal
of
the
European
Union
L
292/9
2. While
entering,
within,
or
leaving
the
territory
of
one Article, and shall be without prejudice to the right of either
Party, the laws and regulations applicable within that territory
Party to take action under Article 24 (Safeguard measures) of
relating to the admission to or departure from its territory of
this Agreement.
passengers, crew or cargo on aircraft (including regulations
relating to entry, clearance, immigration, passports, customs
and quarantine or, in the case of mail, postal regulations)
7. Each Party, upon notification to the other Party, may
shall be complied with by, or on behalf of, such passengers,
approach responsible government entities in the territory of
crew or cargo of the other Party's air carriers.
the other Party including entities at the state, provincial or
local level to discuss matters relating to this Article.
Article 8
8.
The provisions of this Article shall apply without prejudice
Competitive environment
to the Parties' laws and regulations regarding public service
1. The
Parties
acknowledge
that
it
is
their
joint
objective
to obligations in the territories of the Parties.
have a fair and competitive environment for the operation of air
services. The Parties recognise that fair competitive practices by
air carriers are most likely to occur where these air carriers
Article 9
operate on a fully commercial basis and are not subsidised.
Commercial opportunities
Doing business
2. Within
the
scope
of
this
Agreement,
and
without 1. The
Parties
agree
that
obstacles
to
doing
business
of
prejudice to any special provisions contained therein, any
commercial operators would hamper the benefits to be
discrimination on grounds of nationality shall be prohibited.
achieved by this Agreement. The Parties therefore agree to
engage in an effective and reciprocal process of removal of
obstacles to doing business of commercial operators of both
3. State
aid
which
distorts
or
threatens
to
distort
competition Parties where such obstacles may hamper commercial oper
by favouring certain undertakings or certain aviation products
ations, create distortions to competition or hamper the devel
or services is incompatible with the proper functioning of this
opment of a level playing field.
Agreement, insofar as it may affect trade between the Parties in
the aviation sector.
2. The Joint Committee set up in accordance with Article 22
(Joint Committee) of this Agreement shall develop a process of
cooperation in relation to doing business and commercial
4. Any
practices
contrary
to
this
Article
shall
be
assessed
on opportunities; shall monitor progress in effectively addressing
the basis of criteria arising from the application of the
obstacles to doing business of commercial operators and shall
competition rules applicable in the European Union, in
regularly review developments, including, if necessary, towards
particular from Article 107 of the Treaty on the Functioning
legislative and regulatory changes. In accordance with Article 22
of the European Union and interpretative instruments adopted
(Joint Committee) of this Agreement a Party may request a
by the European Union institutions.
meeting of the Joint Committee to discuss any question
related to the application of this article.
5. If one Party finds that conditions exist in the territory of
the other Party, in particular due to a subsidy, which would
Air Carrier Representatives
adversely affect the fair and equal opportunity of its air carriers
3. The
air
carriers
of
each
Party
shall
have
the
right
to
to compete, it may submit observations to the other Party.
establish offices in the territory of the other Party for the
Furthermore, it may request a meeting of the Joint Committee,
promotion and sale of air transport and related activities,
as provided for in Article 22 (Joint Committee) of this
including the right to sell and to issue any ticket and/or
Agreement. From the receipt of such a request consultations
airwaybill, both its own tickets and/or airwaybills of any
shall start within 30 days. Failure to reach a satisfactory
other carrier.
agreement within 30 days from the start of consultations
shall constitute grounds for the Party that requested the consul
tations to take action to refuse, withhold, revoke, suspend or
impose appropriate conditions on the authorisations of the air
4. The
air
carriers
of
each
Party
shall
be
entitled,
in
carrier(s) concerned, consistent with Article 5 (Refusal, Revo
accordance with the laws and regulations of the other Party
cation, Suspension or Limitation of Authorisation) of this
relating to entry, residence, and employment, to bring in and
Agreement.
maintain in the territory of the other Party managerial, sales,
technical, operational, and other specialist staff who are required
to support the provision of air transport. These staff
requirements may, at the option of the air carriers, be
6. The
actions,
referred
to
in
paragraph
5
of
this
Article, satisfied by its own personnel or by using the services of any
shall be appropriate, proportionate and restricted with regard
other organisation, company or air carrier operating in the
to scope and duration to what is strictly necessary. They shall
territory of the other Party, authorised to perform such
be exclusively directed towards the air carrier or air carriers
services in the territory of that Party. Both Parties shall facilitate
benefiting from a subsidy or the conditions referred to in this
and expedite the granting of employment authorisations,

---

L 292/10
EN
Official Journal of the European Union
20.10.2012
where required, for personnel employed in the offices according
8. Each
air
carrier
shall
have
the
right
to
convert
into
freely
to this paragraph, including those performing certain temporary
convertible currencies and remit from the territory of the other
duties not exceeding ninety (90) days, subject to the relevant
Party to its home territory and, except where inconsistent with
laws and regulations in force.
generally applicable law or regulation, to the country or
countries of its choice, on demand, local revenues. Conversion
and remittance shall be permitted promptly without restrictions
or taxation in respect thereof at the rate of exchange applicable
Ground Handling
to current transactions and remittance on the date the carrier
makes the initial application for remittance.
5. (a)
Without
prejudice
to
point
(b)
below,
each
air
carrier
shall have in relation to groundhandling in the
territory of the other Party:
9. The
air
carriers
of
each
Party
shall
be
permitted
to
pay
for
local expenses, including purchases of fuel, in the territory of
the other Party in local currency. At their discretion, the air
carriers of each Party may pay for such expenses in the
(i) the right to perform its own groundhandling (‘self-
territory of the other Party in freely convertible currencies in
handling’) or, at its option
accordance with local currency legislation.
Cooperative Arrangements
(ii) the right to select among competing suppliers that
provide groundhandling services in whole or in
10. In operating
or holding
out
services
under
this
part where such suppliers are allowed market
Agreement, any air carrier of a Party may enter into cooperative
access on the basis of the laws and regulations
marketing arrangements, such as blocked-space agreements or
of each Party, and where such suppliers are
code-sharing arrangements, with:
present in the market.
(a) any air carrier or carriers of the Parties; and
(b) For the following categories of groundhandling
services, i.e. baggage handling, ramp handling, fuel
(b) any air carrier or carriers of a third country; and
and oil handling, freight and mail handling as
regards the physical handling of freight and mail
between the air terminal and the aircraft, the rights
(c) any surface (land or maritime) transport provider;
under point (a) (i) and (ii) may be subject to
constraints according to the laws and regulations
applicable in the territory of the other Party. Where
provided that:
such constraints preclude self-handling and where
there is no effective competition between suppliers
that provide groundhandling services, all such
(i) the operating carrier holds the appropriate traffic rights,
services shall be available on both an equal and
non-discriminatory basis to all air carriers.
(ii) the marketing carriers hold the appropriate underlying
route authority, and
Ground Handling for Third Parties
6. Each
groundhandling
company,
whether
an
air
carrier
or (iii) the arrangements meet the requirements relating to safety
not, shall have in relation to groundhandling in the territory of
and competition normally applied to such arrangements. In
the other Party the right to provide groundhandling services for
respect of passenger transport sold involving code-shares,
airlines operating at the same airport, where authorised and
the purchaser shall be informed at the point of sale, or in
consistent with applicable laws and regulations.
any case before boarding, which transport providers will
operate each sector of the service.
Sales, Local Expenses, and Transfer of Funds
11. (a)
In
relation
to
the
transport
of
passengers,
surface
transport providers shall not be subject to laws and
7. Any
air
carrier
of
each
Party
may
engage
in
the
sale
of
air
regulations governing air transport on the sole basis
transportation and related services in the territory of the other
that such surface transport is held out by an air
Party directly and/or, at the air carrier's discretion, through its
carrier under its own name. Surface transport
sales agents, other intermediaries appointed by the air carrier,
providers have the discretion to decide whether to
through another air carrier or through the internet. Each air
enter into cooperative arrangements. In deciding on
carrier shall have the right to sell such transportation, and
any particular arrangement, surface transport
any person shall be free to purchase such transportation, in
providers may consider, among other things,
the currency of that territory or in freely convertible currencies
consumer interests and technical, economic, space,
in accordance with the local currency legislation.
and capacity constraints.

---

EN
20.10.2012 Official
Journal
of
the
European
Union L
292/11
(b) Moreover, and notwithstanding any other provision
Article 10
of this Agreement, air carriers and indirect providers
of cargo transport of the Parties shall be permitted,
Customs duties and taxation
without restriction, to employ in connection with
1. On
arriving
in
the
territory
of
one
Party,
aircraft
operated
air transport any surface transport for cargo to or
in international air transport by the air carriers of the other
from any points in the territories of the Republic of
Party, their regular equipment, fuel, lubricants, consumable
Moldova and the European Union, or in third coun
technical supplies, ground equipment, spare parts (including
tries, including transport to and from all airports
engines), aircraft stores (including but not limited to such
with customs facilities, and including, where appli
items as food, beverages and liquor, tobacco and other
cable, the right to transport cargo in bond under
products destined for sale to or use by passengers in limited
applicable laws and regulations. Such cargo, whether
quantities during flight), and other items intended for or used
moving by surface or by air, shall have access to
solely in connection with the operation or servicing of aircraft
airport customs processing and facilities. Air carriers
engaged in international air transport shall be exempt, on the
may elect to perform their own surface transport or
basis of reciprocity, under its relevant applicable legislation,
to provide it through arrangements with other
from all import restrictions, property taxes and capital levies,
surface carriers, including surface transport
customs duties, excise duties, and similar fees and charges that
operated by other air carriers and indirect
are (a) imposed by the national or local authorities or the
providers of cargo air transport. Such intermodal
European Union, and (b) not based on the cost of services
cargo services may be offered at a single, through
provided, provided that such equipment and supplies remain
price for the air and surface transport combined,
on board the aircraft.
provided that shippers are not misled as to the
facts concerning such transport.
2. There
shall
also
be
exempt,
on
the
basis
of
reciprocity,
under its relevant applicable legislation, from the taxes, levies,
Leasing
duties, fees and charges referred to in paragraph 1 of this
Article, with the exception of charges based on the cost of
12. The
air
carriers
of
each
Party
shall
be
entitled
to
provide the service provided:
the agreed services using aircraft and crew leased from any air
carrier, including from third countries, provided that all
participants in such arrangements meet the conditions
prescribed under the laws and regulations normally applied by
the Parties to such arrangements.
(a) aircraft stores introduced into or supplied in the territory of
a Party and taken on board, within reasonable limits, for use
on outbound aircraft of an air carrier of the other Party
engaged in international air transport, even when these
stores are to be used on a part of the journey performed
(a) Neither Party shall require the air carriers leasing out their
over the said territory;
equipment to hold traffic rights under this agreement.
(b) ground equipment and spare parts (including engines)
(b) The leasing with crew (wet-leasing) by an air carrier of the
introduced into the territory of a Party for the servicing,
Republic of Moldova of an aircraft of an air carrier of a
maintenance, or repair of aircraft of an air carrier of the
third country, or, by an air carrier of the European Union,
other Party used in international air transport;
of an aircraft of an air carrier of a third country other than
those mentioned in Annex IV to this Agreement, in order to
exploit the rights envisaged in this Agreement, shall remain
exceptional or meet temporary needs. It shall be submitted
for prior approval of the licensing authority of the leasing
(c) fuel, lubricants and consumable technical supplies
air carrier and to the competent authority of the other Party.
introduced into or supplied in the territory of a Party for
use in or on an aircraft of an air carrier of the other Party
engaged in international air transport, even when these
supplies are to be used on a part of the journey
performed over the said territory;
Franchising/Branding
13. The
air
carriers
of
each
Party
shall
be
entitled
to
enter
into franchising or branding arrangements with companies,
including air carriers, of either Party or third countries,
(d) printed matter, as provided for by the customs legislation of
provided that the air carriers hold the appropriate authority
each Party, introduced into or supplied in the territory of
and meet the conditions prescribed under the laws and regu
one Party and taken on board for use on outbound aircraft
lations applied by the Parties to such arrangements, particularly
of an air carrier of the other Party engaged in international
those requiring the disclosure of the identity of the air carrier
air transport, even when these stores are to be used on a
operating the service.
part of the journey performed over the said territory; and

---

L 292/12
EN
Official Journal of the European Union
20.10.2012
(e) safety and security equipment for use at airports or cargo
and air traffic control, airport, aviation security and related
terminals.
facilities and services shall be just, reasonable, not unjustly
discriminatory, and equitably apportioned among categories of
users. Without prejudice to Article 16(1) (Air traffic manage
3. Notwithstanding
any
other
provision
to
the
contrary, ment), these charges may reflect, but shall not exceed, the full
nothing in this Agreement shall prevent a Party from
cost to the competent charging authorities or bodies of
imposing taxes, levies, duties, fees or charges on fuel supplied
providing the appropriate airport and aviation security facilities
in its territory on a non-discriminatory basis for use in an
and services at that airport or within that airport's system. These
aircraft of an air carrier that operates between two points in
charges may include a reasonable return on assets, after depreci
its territory.
ation. Facilities and services for which user charges are made
shall be provided on an efficient and economic basis. In any
event, these charges shall be assessed on the air carriers of the
4. Equipment and supplies referred to in paragraphs 1 and 2
other Party on terms not less favourable than the most
of this Article may be required to be kept under the supervision
favourable terms available to any other air carrier at the time
or control of the appropriate authorities and not to be trans
the charges are assessed.
ferred without payment of relevant customs duties and taxes.
2. Each
Party
shall
require
consultations
between
the
5. The
exemptions
provided
by
this
Article
shall
also
be competent charging authorities or bodies in its territory and
available where the air carriers of one Party have contracted
the air carriers and/or their representative bodies using the
with another air carrier, which similarly enjoys such exemptions
services and facilities, and shall ensure that the competent
from the other Party, for the loan or transfer in the territory of
charging authorities or bodies and the air carriers or their repre
the other Party of the items specified in paragraphs 1 and 2 of
sentative bodies exchange such information as may be necessary
this Article.
to permit an accurate review of the reasonableness of the
charges in accordance with the principles of paragraphs 1 and
2 of this Article. Each Party shall ensure that the competent
6. Nothing
in
this
Agreement
shall
prevent
either
Party
from charging authorities or bodies provide users with reasonable
imposing taxes, levies, duties, fees or charges on goods sold
notice of any proposal for changes in user charges to enable
other than for consumption on board to passengers during a
those authorities to consider the views expressed by the users
sector of an air service between two points within its territory at
before changes are made.
which embarkation or disembarkation is permitted.
3. Neither
Party
shall
be
held,
in
dispute
resolution
7. Baggage
and
cargo
in
direct
transit
across
the
territory
of
a procedures pursuant to Article 23 (Dispute Resolution and
Party shall be exempt from taxes, customs duties, fees and other
Arbitration) of this Agreement, to be in breach of a provision
similar charges that are not based on the cost of the service
of this Article, unless:
provided.
8. The regular airborne equipment, as well as the materials
(a) it fails to undertake a review of the charge or practice that is
and supplies normally retained on board the aircraft of an air
the subject of complaint by the other Party within a
carrier of either Party, may be unloaded in the territory of the
reasonable amount of time; or
other Party only with the approval of the customs authorities of
that territory. In such case, they may be placed under the super
vision of the said authorities up to such time as they are re-
(b) following such a review it fails to take all steps within its
exported or otherwise disposed of in accordance with customs
power to remedy any charge or practice that is inconsistent
regulations.
with this Article.
9. The
stipulations
of
this
Agreement
shall
not
affect
the
field of VAT, with the exception of turnover tax on imports.
Article 12
The provisions of this Agreement shall not affect the provisions
of any convention between a Member State and the Republic of
Pricing
Moldova for the avoidance of double taxation on income and
1. The
Parties
shall
permit
prices
to
be
freely
established
by
on capital that may be in force at the relevant time.
the air carriers on the basis of free and fair competition.
Article 11
2. The
Parties
shall
not
require
prices
to
be
filed
or
notified.
User Charges for Airports and Aviation Facilities and
Services
1. Each Party shall ensure that user charges that may be
3. Discussions
between
competent
authorities
may
be
held
imposed by its competent charging authorities or bodies on
on matters such as, but not limited to prices which may be
the air carriers of the other Party for the use of air navigation
unjust, unreasonable, discriminatory or subsidised.

---

EN
20.10.2012 Official
Journal
of
the
European
Union L
292/13
Article 13
4. The
competent
authorities
of
a
Party
may
request
consul
tations at any time concerning the safety standards maintained
Statistics
by the other Party.
1. Each
Party
shall
provide
to
the
other
Party
statistics
that
are required by domestic laws and regulations, and, upon
5. The
competent
authorities
of
a
Party
shall
take
all
appro
request, other available statistical information as may be
priate and immediate measures whenever they ascertain that an
reasonably required for the purpose of reviewing the
aircraft, a product or an operation may:
operation of the air services.
(a) fail to satisfy the minimum standards established pursuant
2. The Parties shall cooperate in the framework of the Joint
to the Convention or the legislation specified in Part C of
Committee under Article 22 (Joint Committee) of this
Annex III to this Agreement, whichever is applicable,
Agreement to facilitate the exchange of statistical information
between them for the purpose of monitoring the development
(b) give rise to serious concerns – established through an
of air services under this Agreement.
inspection referred to in paragraph 3 of this Article – that
an aircraft or the operation of an aircraft does not comply
TITLE II
with the minimum standards established pursuant to the
Convention or the legislation specified in Part C of Annex
REGULATORY COOPERATION
III to this Agreement, whichever is applicable, or
Article 14
(c) give rise to serious concerns that there is a lack of effective
Aviation safety
maintenance and administration of minimum standards
established pursuant to the Convention or the legislation
1. Subject to the transitional provisions set out in Annex II
specified in Part C of Annex III to this Agreement,
to this Agreement, the Parties shall act in conformity with the
whichever is applicable.
provisions of the aviation safety legislation specified in Part C of
Annex III to this Agreement, under the conditions set out here
after.
6. Where
the
competent
authorities
of
one
Party
take
action
under paragraph 5 of this Article, they shall promptly inform
the competent authorities of the other Party of taking such
2. The
Parties
shall
cooperate
to
ensure
the
implementation action, providing reasons for their action.
by the Republic of Moldova of the legislation referred to in
paragraph 1 of this Article. To this purpose, the Republic of
Moldova shall be involved in the work of the European
7. Where
measures
taken
in
application
of
paragraph
5
of
Aviation Safety Agency as an observer from the date of entry
this Article are not discontinued even though the basis for
into force of this Agreement.
taking them has ceased to exist, either Party may refer the
matter to the Joint Committee.
(a) The gradual transition of the Republic of Moldova to the full
application of the legislation referred to in Part C of Annex
Article 15
III to this Agreement shall be subject to assessments. The
assessments shall be carried out by the European Union in
Aviation Security
cooperation with the Republic of Moldova. When the
1. Subject to the transitional provisions set out in Annex II
Republic of Moldova is satisfied that the legislation
to this Agreement, the Parties shall act in conformity with the
referred to in Part C of Annex III to this Agreement is
provisions of the European Union's aviation security legislation
fully applied, it shall inform the European Union that an
specified in Part D of Annex III to this Agreement, under the
assessment should be carried out.
conditions set out hereafter.
(b) When the Republic of Moldova has fully implemented the
2. The
Republic
of
Moldova
may
be
subjected
to
a
European
legislation referred to in Part C of Annex III to this
Commission inspection in accordance with the relevant
Agreement, the Joint Committee established under Article 22
European Union security legislation as referred to in Annex III
(Joint Committee) of this Agreement shall determine the
to this Agreement. The Parties shall establish the necessary
precise status and conditions for the participation over
mechanism for the exchange of information on the results of
and above the observer status referred to above of the
such security inspections.
Republic of Moldova in the European Aviation Safety
Agency.
3. The
assurance
of
safety
for
civil
aircraft,
their
passengers
and crew being a fundamental precondition for the operation of
3. The
Parties
shall
ensure
that
aircraft
registered
in
one
Party international air services, the Parties reaffirm their obligations to
suspected of non-compliance with international aviation safety
each other to provide for the security of civil aviation against
standards established pursuant to the Convention landing at
acts of unlawful interference, and in particular their obligations
airports open to international air traffic in the territory of the
under the Convention, the Convention on Offences and Certain
other Party shall be subject to ramp inspections by the
Other Acts Committed on Board Aircraft, signed at Tokyo on
competent authorities of that other Party, on board and
14 September 1963, the Convention for the Suppression of
around the aircraft to check both the validity of the aircraft
Unlawful Seizure of Aircraft, signed at The Hague on
documents and those of its crew and the apparent condition
16 December 1970, the Convention for the Suppression of
of the aircraft and its equipment.
Unlawful Acts against the Safety of Civil Aviation, signed at

---

L 292/14
EN
Official Journal of the European Union
20.10.2012
Montreal on 23 September 1971, the Protocol for the
safety of such aircraft, their passengers and crew, airports or air
Suppression of Unlawful Acts of Violence at Airports Serving
navigation facilities occurs, the Parties shall assist each other by
International Civil Aviation, signed at Montreal on 24 February
facilitating communications and other appropriate measures
1988 and the Convention on the marking of plastic explosives
intended to terminate rapidly and safely such incident or threat.
for purpose of detection signed at Montreal on 1 March 1991,
insofar as both Parties are parties to these conventions, as well
as all other conventions and protocols relating to civil aviation
security of which both Parties are parties.
9. Each
Party
shall
take
all
measures
it
finds
practicable
to
ensure that an aircraft subjected to an act of unlawful seizure or
other acts of unlawful interference which is on the ground in its
territory is detained on the ground unless its departure is
4. The
Parties
shall
provide
upon
request
all
necessary necessitated by the overriding duty to protect human life.
assistance to each other to prevent acts of unlawful seizure of
Wherever practicable, such measures shall be taken on the
civil aircraft and other unlawful acts against the safety of such
basis of mutual consultations.
aircraft, their passengers and crew, airports and air navigation
facilities, and any other threat to the security of civil aviation.
10. When
a
Party
has
reasonable
grounds
to
believe
that
the
other Party has departed from the aviation security provisions
of this Article, that Party shall request immediate consultations
5. The
Parties
shall,
in
their
mutual
relations,
act
in with the other Party.
conformity with the aviation security Standards and, so far as
they are applied by them, the Recommended Practices estab
lished by the International Civil Aviation Organisation (ICAO)
and designated as Annexes to the Convention, to the extent that
11. Without
prejudice
to
Article
5
(Refusal,
Revocation,
such security provisions are applicable to the Parties. Both
Suspension, Limitation of Authorisations) of this Agreement,
Parties shall require that operators of aircraft of their registry,
failure to reach a satisfactory agreement within fifteen (15)
operators who have their principal place of business or
days from the date of such request shall constitute grounds to
permanent residence in their territory, and the operators of
withhold, revoke, limit or impose conditions on the operating
airports in their territory, act in conformity with such aviation
authorisation of one or more air carriers of such other Party.
security provisions.
12. When
required
by
an
immediate
and
extraordinary
6. Each
Party
shall
ensure
that
effective
measures
are
taken threat, a Party may take interim action prior to the expiry of
within its territory to protect civil aviation against acts of
fifteen (15) days.
unlawful interference, including, but not limited to, screening
of passengers and their cabin baggage, screening of hold
baggage and security controls for cargo and mail prior to
boarding or loading of aircraft and security controls for in-
13. Any action taken in accordance with the paragraph 11
flight supplies and airport supplies and access control to
of this Article shall be discontinued upon compliance by the
airside and security restricted areas. Those measures shall be
other Party with the full provisions of this Article.
adjusted to meet increases in the threat. Each Party agrees
that their air carriers may be required to observe the aviation
security provisions referred to in paragraph 5 of this Article
required by the other Party, for entrance into, departure from,
Article 16
or while within, the territory of that other Party.
Air traffic management
1. Subject to the transitional provisions set out in Annex II
to this Agreement, the Parties shall act in conformity with the
7. Each
Party
shall
also
give
positive
consideration
to
any provisions of the legislation specified in Part B of Annex III to
request from the other Party for reasonable special security
this Agreement, under the conditions set out hereafter.
measures to meet a particular threat. Except where not
reasonably possible in case of emergency, each Party will
inform the other Party in advance of any special security
measures it intends to introduce which could have a significant
2. The Parties shall cooperate in the field of air traffic
financial or operational impact on the air transport services
management with a view to extending the Single European
provided under this Agreement. Either Party may request a
Sky to the Republic of Moldova in order to enhance current
meeting of the Joint Committee to discuss such security
safety standards and overall efficiency of general air traffic oper
measures, as provided for in Article 22 (Joint Committee) of
ations in Europe, to optimise air traffic control capacities, to
this Agreement.
minimise delays and to increase environmental efficiency. To
this purpose, the Republic of Moldova shall be involved as
observer in the Single Sky Committee from the date of entry
into force of the Agreement. The Joint Committee shall be
8. When an incident or threat of an incident of unlawful
responsible for monitoring and facilitating cooperation in the
seizure of civil aircraft or other unlawful acts against the
field of air traffic management.

---

EN
20.10.2012 Official
Journal
of
the
European
Union L
292/15
3. With a view to facilitating the application of the Single
Article 20
European Sky legislation in their territories:
Social aspects
(a) The Republic of Moldova shall take the necessary measures
Subject to the transitional provisions set out in Annex II to this
to adjust its air traffic management institutional structures to
Agreement, the Parties shall act in accordance with the legis
the Single European Sky, in particular by ensuring that
lation relating to air transport specified in Part F of Annex III to
pertinent national supervisory bodies are at least func
this Agreement.
tionally independent of air navigation service providers; and
TITLE III
(b) The European Union shall associate the Republic of
Moldova with relevant operational initiatives in the fields
INSTITUTIONAL PROVISIONS
of air navigation services, airspace and interoperability that
Article 21
stem from the Single European Sky, in particular through
the early involvement of the Republic of Moldova's efforts
Interpretation and enforcement
to establish functional airspace blocks, or through appro
priate coordination on SESAR.
1. The
Parties
shall
take
all
appropriate
measures,
whether
general or specific, to ensure fulfilment of the obligations
arising out of this Agreement and shall refrain from any
Article 17
measures which would jeopardise attainment of the objectives
of this Agreement.
Environment
1. The
Parties
recognise
the
importance
of
protecting
the 2. Each Party shall be responsible, in its own territory, for
environment when developing and implementing aviation
the proper enforcement of this Agreement and, in particular,
policy. The Parties acknowledge that effective global, regional,
the regulations and directives related to air transport listed in
national and/or local action is needed to minimise civil
Annex III to this Agreement.
aviation's impact on the environment.
3. Each Party shall give the other Party all necessary
2. Subject to the transitional provisions set out in Annex II
information and assistance in the case of investigations on
to this Agreement, the Parties shall act in conformity with the
possible infringements of provisions of this Agreement which
legislation relating to air transport specified in Part E of Annex
that other Party carries out under its respective competences as
III to this Agreement.
provided in this Agreement.
3. The
Parties
recognise
the
importance
of
working
together, 4. Whenever the Parties act under the powers granted to
and within the framework of multilateral discussions, to
them by this Agreement on matters which are of substantial
consider the effects of aviation on the environment, and to
interest to the other Party and which concern the authorities or
ensure that any mitigating measures are fully consistent with
undertakings of the other Party, the competent authorities of
the objectives of this Agreement.
the other Party shall be fully informed and given the oppor
tunity to comment before a final decision is taken.
4. Nothing
in
this
Agreement
shall
be
construed
to
limit
the
authority of the competent authorities of a Party to take all
5. Insofar as the provisions of this Agreement and the
appropriate measures to prevent or otherwise address the envi
provisions of the acts specified in Annex III to this
ronmental impacts of air transport provided that such measures
Agreement are identical in substance to corresponding rules
are fully consistent with their rights and obligations under inter
of the EU Treaties and to acts adopted pursuant to the EU
national law and are applied without distinction as to
Treaties, those provisions shall, in their implementation and
nationality.
application, be interpreted in conformity with the relevant
rulings and decisions of the Court of Justice and the
Article 18
European Commission.
Consumer protection
Article 22
Subject to the transitional provisions set out in Annex II to this
Agreement, the Parties shall act in accordance with the legis
The Joint Committee
lation relating to air transport specified in Part G of Annex III to
1. A
Joint
Committee
composed
of
representatives
of
the
this Agreement.
Parties (hereinafter referred to as ‘the Joint Committee’) is
hereby established, which shall be responsible for the adminis
Article 19
tration of this Agreement and shall ensure its proper implemen
tation. For this purpose it shall make recommendations and
Computer reservation systems
take decisions where expressly provided by this Agreement.
Subject to the transitional provisions set out in Annex II to this
Agreement, the Parties shall act in accordance with the legis
2. The
decisions
of
the
Joint
Committee
shall
be
adopted
by
lation relating to air transport specified in Part H of Annex III to
consensus and shall be binding upon the Parties. They shall be
this Agreement.
put into effect by the Parties in accordance with their own rules.

---

L 292/16
EN
Official Journal of the European Union
20.10.2012
3. The
Joint
Committee
shall
adopt,
by
a
decision,
its
rules
of (b) addressing and as far as possible effectively resolve ‘doing
procedure.
business’ issues that may, inter alia, hamper market access
and smooth operation of services under this Agreement as a
means to ensure a level playing field, regulatory
4. The
Joint
Committee
shall
meet
as
and
when
necessary.
convergence and minimising the regulatory burden of
Either Party may request the convening of a meeting.
commercial operators;
5. A
Party
may
also
request
a
meeting
of
the
Joint (c) fostering expert-level exchanges on new legislative or regu
Committee to seek to resolve any question relating to the inter
latory initiatives and developments, including in the fields of
pretation or application of this Agreement. Such a meeting shall
security, safety, the environment, aviation infrastructure
begin at the earliest possible date, but not later than two
(including slots), competitive environment and consumer
months from the date of receipt of the request, unless
protection;
otherwise agreed by the Parties.
(d) regularly examining the social effects of this Agreement as it
6. For the purpose of the proper implementation of this
is implemented, notably in the area of employment and
Agreement, the Parties shall exchange information and, at the
developing appropriate responses to concerns found to be
request of either Party, shall hold consultations within the Joint
legitimate;
Committee.
(e) considering potential areas for the further development of
7. If, in the view of one of the Parties, a decision of the Joint
this Agreement, including the recommendation of
Committee is not properly implemented by the other Party, the
amendments to this Agreement;
former may request that the issue be discussed by the Joint
Committee. If the Joint Committee cannot solve the issue
within two months of its referral, the requesting Party may
(f) agreeing, on the basis of consensus, on proposals,
take appropriate safeguard measures under Article 24 (Safeguard
approaches or documents of a procedural nature directly
measures) of this Agreement.
related to the functioning of this Agreement;
8. Without
prejudice
to
paragraph
2
of
this
Article,
if
the (g) considering and developing technical assistance in the areas
Joint Committee does not take a decision on an issue which has
covered by this Agreement; and
been referred to it within six months of the date of referral, the
Parties may take appropriate temporary safeguard measures
under Article 24 (Safeguard Measures) of this Agreement.
(h) fostering cooperation in relevant international fora.
9. In
accordance
with
Article
6
(Investment)
of
this
Article 23
Agreement, the Joint Committee shall examine questions
relating to bilateral investments of majority ownership, or
Dispute Resolution and Arbitration
changes in the effective control of air carriers of the Parties.
1. If
any
dispute
arises
between
the
Parties
relating
to
the
interpretation or application of this Agreement they shall in the
10. In
accordance
with
Article
14
(Aviation
safety)
of
this first place endeavour to settle it through formal consultations
Agreement, the Joint Committee shall monitor the process of
within the Joint Committee in accordance with paragraph 5 of
removal from the register of aircraft registered at the date of
Article 22 (Joint Committee) of this Agreement.
signature in the Republic of Moldova which do not comply
with international aviation safety standards established
pursuant to the Convention. The Joint Committee shall also
2. Either
Party
may
refer
any
dispute
relating
to
the
appli
monitor the process of phasing-out during the transition
cation or interpretation of this Agreement, which it has not
phase described in Annex II to this Agreement of aircraft
been possible to resolve in accordance with paragraph 1 of
registered at the date of signature of this Agreement in the
this Article, to an arbitration panel of three arbitrators in
Republic of Moldova and used by operators under the regu
accordance with the procedure laid down hereafter:
latory control of the Republic of Moldova, which do not have
a type certificate issued in accordance with the relevant EU
legislation specified in Part C of Annex III to this Agreement
(a) each Party shall appoint an arbitrator within sixty (60) days
with a view to agreeing a progressive reduction in the numbers
from the date of reception of the notification for the request
of aircraft referred to in paragraph 7 of Annex II to this
for arbitration by the arbitration panel addressed by the
Agreement.
other Party through diplomatic channels; the third arbitrator
should be appointed by the other two arbitrators within
sixty (60) additional days. If one of the Parties has not
11. The
Joint
Committee
shall
also
develop
cooperation
by:
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
(a) reviewing market conditions affecting air services under this
ICAO to appoint an arbitrator or arbitrators, whichever is
Agreement;
applicable;

---

EN
20.10.2012 Official
Journal
of
the
European
Union L
292/17
(b) the third arbitrator appointed under the terms of point (a)
6. The
Party
concerned
shall,
without
delay,
notify
the
above should be a national of a third State and shall act as a
measures taken to the Joint Committee and shall provide all
President of the arbitration panel;
relevant information.
(c) the arbitration panel shall agree its rules of procedure; and
7. Any
action
taken
under
the
terms
of
this
Article
shall
be
suspended, as soon as the Party at fault satisfies the provisions
of this Agreement.
(d) subject to the final decision of the arbitration panel, the
initial expenses of the arbitration shall be shared equally
by the Parties.
Article 25
Relationship to other Agreements
3. At the request of a Party the arbitration panel may order
1. The
provisions
of
this
Agreement
shall
prevail
over
the
the other Party to implement interim relief measures pending
relevant provisions of existing bilateral air services agreements
the panel's final determination.
between the Republic of Moldova and the Member States.
However, existing traffic rights which originate from these
4. Any provisional decision or final decision of the
bilateral agreements and which are not covered under this
arbitration panel shall be binding upon the Parties.
Agreement can continue to be exercised, provided that there
is no discrimination between the Member States and their
nationals.
5. If
one
of
the
Parties
does
not
act
in
conformity
with
a
decision of the arbitration panel taken under the terms of this
Article within thirty (30) days from the notification of the afore
2. The
Parties
shall
consult
in
the
Joint
Committee,
upon
mentioned decision, the other Party may, for as long as this
request of either side, to recommend whether the Republic of
failure endures, limit, suspend or revoke the rights or privileges
Moldova should join the ECAA Agreement.
which it had granted under the terms of this Agreement from
the Party at fault.
3. If
the
Parties
become
parties
to
a
multilateral
agreement,
or endorse a decision adopted by ICAO or another international
Article 24
organisation, that addresses matters covered by this Agreement,
they shall consult in the Joint Committee to determine whether
Safeguard measures
this Agreement should be revised to take into account such
developments.
1. The
Parties
shall
take
any
general
or
specific
measures
required to fulfil their obligations under this Agreement. They
shall ensure that the objectives set out in this Agreement are
Article 26
attained.
Amendments
1. If
one
of
the
Parties
wishes
to
amend
the
provisions
of
2. If either Party considers that the other Party has failed to
this Agreement, it shall notify the Joint Committee accordingly
fulfil an obligation under this Agreement, it may take appro
of its decision.
priate safeguard measures. Safeguard measures shall be restricted
with regard to their scope and duration to what is strictly
necessary in order to remedy the situation or maintain the
2. The
Joint
Committee
may,
upon
the
proposal
of
one
Party
balance of this Agreement. Priority shall be given to such
and in accordance with this Article, decide by consensus to
measures as will least disturb the functioning of this Agreement.
modify the Annexes to this Agreement.
3. A Party which is considering taking safeguard measures
3. The
amendment
to
this
Agreement
shall
enter
into
force
shall without delay notify the other Party through the Joint
after completion of the respective internal procedures of each
Committee and shall provide all relevant information.
Party.
4. The
Parties
shall
immediately
enter
into
consultations
in
4. This
Agreement
shall
be
without
prejudice
to
the
right
of
the Joint Committee with a view to finding a commonly
each Party, subject to compliance with the principle of non-
acceptable solution.
discrimination and the provisions of this Agreement to unilat
erally adopt new legislation or amend its existing legislation in
the field of air transport or an associated area mentioned in
5. Without prejudice to Articles 3(d) (Authorisation), Annex III to this Agreement.
Article 5(1) (d) (Refusal, Revocation, Suspension, Limitation of
Authorisation) and Articles 14 (Aviation Safety) and 15
(Aviation Security) of this Agreement, the Party concerned
5. When
new
legislation
or
an
amendment
to
its
existing
may not take safeguard measures until one month has
legislation in the field of air transport or an associated area
elapsed after the date of notification under paragraph 3 of
mentioned in Annex III to this Agreement is being considered
this Article, unless the consultation procedure under
by one of the Parties, it shall inform the other Party as appro
paragraph 4 of this Article has been concluded before the
priate and possible. At the request of either Party, an exchange
expiry of the stated time limit.
of views may take place in the Joint Committee.

---

L 292/18
EN
Official Journal of the European Union
20.10.2012
6. Each
Party
shall
regularly
and
as
soon
as
appropriate
Article 28
inform the other Party of newly adopted legislation or
amendment to its existing legislation in the field of air
Registration with the International Civil Aviation
transport or an associated area mentioned in Annex III to this
Organisation and the United Nations Secretariat
Agreement. Upon the request of any Party, the Joint Committee
This Agreement and all amendments thereto shall be registered
shall within sixty (60) days thereafter hold an exchange of views
with the ICAO and with the United Nations Secretariat, in
on the implications of such new legislation or amendment for
accordance with Article 102 of the Charter of the United
the proper functioning of this Agreement.
Nations, following its entry into force.
7. Following
the
exchange
of
views
referred
to
in
paragraph
Article 29
6 of this Article, the Joint Committee shall:
Provisional application and entry into force
1. This
Agreement
shall
enter
into
force
one
month
after
the
(a) adopt a decision revising Annex III to this Agreement so as
date of the later note in an exchange of diplomatic notes
to integrate therein, if necessary on a basis of reciprocity,
between the Parties confirming that all necessary procedures
the new legislation or amendment in question;
for entry into force of this Agreement have been completed.
For purposes of this exchange, the Republic of Moldova shall
deliver to the General Secretariat of the Council of the European
(b) adopt a decision to the effect that the new legislation or
Union its diplomatic note to the European Union and its
amendment in question shall be regarded as in accordance
Member States, and the General Secretariat of the Council of
with this Agreement; or
the European Union shall deliver to the Republic of Moldova
the diplomatic note from the European Union and its Member
(c) recommend any other measures, to be adopted within a
States. The diplomatic note from the European Union and its
reasonable period of time, to safeguard the proper func
Member States shall contain communications from each
tioning of this Agreement.
Member State confirming that its necessary procedures for
entry into force of this Agreement have been completed.
Article 27
2. Notwithstanding
paragraph
1
of
this
Article,
the
Parties
agree to provisionally apply this Agreement, in accordance with
Termination
their internal procedures and/or domestic legislation as appli
cable, from the date of signature of this Agreement.
Either Party may, at any time, give notice in writing through
diplomatic channels to the other Party of its decision to
terminate this Agreement. Such notice shall be sent simulta
neously to ICAO. This Agreement shall terminate at midnight
IN WITNESS WHEREOF the undersigned, being duly authorised,
GMT at the end of the International Air Transport Association
have signed this Agreement.
(IATA) traffic season in effect one year following the date of
written notification of termination, unless the notice is
Done at Brussels, 26 June 2012, in duplicate, in each of the
withdrawn by mutual agreement of the Parties before the
official languages of the Parties, each text being equally auth
expiry of this period.
entic.

---

EN
20.10.2012 Official
Journal
of
the
European
Union L
292/19
Voor het Koninkrijk Belgi
Pour le Royaume de Belgique
Für das Knigreich Belgien
За Република България
Za eskou republiku
For Kongeriget Danmark
Für die Bundesrepublik Deutschland
Eesti Vabariigi nimel

---

L 292/20
EN
Official Journal of the European Union
20.10.2012
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

---

EN
20.10.2012 Official
Journal
of
the
European
Union L
292/21
Latvijas Republikas vārdā –
Lietuvos Respublikos vardu
Pour le Grand-Duché de Luxembourg
Magyarország részérl
Gal Malta
Voor het Koninkrijk der Nederlanden

---

L 292/22
EN
Official Journal of the European Union
20.10.2012
Für die Republik sterreich
W imieniu Rzeczypospolitej Polskiej
Pela República Portuguesa
Pentru Romnia
Za Republiko Slovenijo

---

EN
20.10.2012 Official
Journal
of
the
European
Union L
292/23
Za Slovenskú republiku
Suomen tasavallan puolesta
Fr Republiken Finland
Fr Konungariket Sverige
For the United Kingdom of Great Britain and Northern Ireland

---

L 292/24
EN
Official Journal of the European Union
20.10.2012
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
Pentru Republica Moldova

---

EN
20.10.2012 Official
Journal
of
the
European
Union L
292/25
ANNEX I
AGREED SERVICES AND SPECIFIED ROUTES
1. Each Party grants to the air carriers of the other Party the rights to provide air transport services on the routes
specified hereunder:
(a) for air carriers of the European Union: Any point in the European Union – intermediate points in the territories of
European Neighbourhood Policy partners ( 1 ), ECAA countries ( 2 ), or countries listed in Annex IV – Any point in
the Republic of Moldova - points beyond.
(b) for air carriers of the Republic of Moldova: Any point in the Republic of Moldova – intermediate points in the
territories of European Neighbourhood Policy partners, ECAA countries or countries listed in Annex IV – Any
point in the European Union
2. The services operated according to paragraph 1 of this Annex shall originate or terminate in the territory of the
Republic of Moldova, for air carriers of the Republic of Moldova, and in the territory of the European Union for air
carriers of the European Union.
3. Air carriers of both Parties may on any or all flights and at their option:
(a) operate flights in either or both directions;
(b) combine different flight numbers within one aircraft operation;
(c) serve intermediate and beyond points, as specified in paragraph 1 of this Annex, and points in the territories of the
Parties in any combination and in any order;
(d) omit stops at any point or points;
(e) transfer traffic from any of its aircraft to any of its other aircraft at any point;
(f) make stopovers at any points whether within or outside the territory of either Party;
(g) carry transit traffic through the other Party's territory; and
(h) combine traffic on the same aircraft regardless of where such traffic originates.
4. Each Party shall allow each air carrier to determine the frequency and capacity of the international air transport it
offers based upon commercial considerations in the marketplace. Consistent with this right, neither Party shall
unilaterally limit the volume of traffic, frequency or regularity of service, or the aircraft type or types operated by
the air carriers of the other Party, except for customs, technical, operational, environmental, protection of health
reasons or in application of Article 8 (Competitive environment) of this Agreement.
5. The air carriers of each Party may serve, including within the framework of code share arrangements, any point located
in a third country that is not included on the specified routes, provided that they do not exercise fifth freedom rights.
6. This Annex is subject to the transitional provisions contained in paragraph 2 of Annex II to this Agreement and the
extension of rights foreseen therein.
( 1 ) ‘European Neighbourhood Policy partners’ shall here be understood as Algeria, Armenia, Azerbaijan, Belarus, Egypt, Georgia, Israel,
Jordan, Lebanon, Libya, Morocco, Occupied Palestinian Territory, Syria, Tunisia and Ukraine i.e. shall here not include the Republic of
Moldova.
( 2 ) ‘ECAA countries’ are the countries which are parties to the Multilateral Agreement establishing a European Common Aviation Area
which at the date of signature of the agreement were: Member States of the European Union, the Republic of Albania, Bosnia and
Herzegovina, the Republic of Croatia, the former Yugoslav Republic of Macedonia, the Republic of Iceland, the Republic of
Montenegro, the Kingdom of Norway, the Republic of Serbia and Kosovo under UN Security Council Resolution 1244.

---

L 292/26
EN
Official Journal of the European Union
20.10.2012
ANNEX II
TRANSITIONAL PROVISIONS
1. The implementation and application by the Republic of Moldova of all the provisions of the legislation of the
European Union relating to air transport indicated in Annex III to this Agreement, with the exception of the
security legislation under Part D of Annex III to this Agreement, shall be the subject of an evaluation under the
responsibility of the European Union which shall be validated by a decision of the Joint Committee. Such an
evaluation shall be conducted two years after the entry into force of the Agreement at the latest.
2. Notwithstanding the provisions of Annex I to this Agreement, the agreed services and specified routes of this
Agreement, shall not include, until the moment of the adoption of the decision referred to in paragraph 1 of this
Annex II to this Agreement, the right for the air carriers of both parties to exercise fifth freedom rights other than
those already granted by bilateral agreements between the Republic of Moldova and the Member States of the
European Union, including for the air carriers of the Republic of Moldova between points within the territory of
the European Union.
Upon the adoption of the decision referred to in paragraph 1 of this Annex II, the air carriers of both parties shall be
entitled to exercise fifth freedom rights, including for the air carriers of the Republic of Moldova between points within
the territory of the European Union.
3. The implementation of the aviation security legislation by the Republic of Moldova shall be subject of an evaluation
under the responsibility of the European Union which shall be validated by a decision of the Joint Committee. Such an
evaluation shall be conducted at the latest three years after the entry into force of this Agreement. In the meantime,
the Republic of Moldova shall implement ECAC Doc 30.
4. At the end of the transitional period, the confidential part of the security legislation as provided in Part D of Annex III
to this Agreement shall be made available to the appropriate authority of the Republic of Moldova, subject to an
agreement on the exchange of security sensitive information including EU classified information.
5. The gradual transition of the Republic of Moldova to the full application of the legislation of the European Union
relating to air transport indicated in Annex III to this Agreement may be subject to regular assessments. The
assessments shall be carried out by the European Commission in cooperation with the Republic of Moldova.
6. As of the date of decision referred to in paragraph 1 of this Annex, the Republic of Moldova will apply operating
licensing rules substantially equivalent to those contained in Chapter II of Regulation (EC) No 1008/2008 of the
European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in
the Community. The provisions of Article 4 (Reciprocal Recognition of Regulatory Determinations with regard to
Airline Fitness, ownership and control) of this Agreement with regard to the reciprocal recognition of fitness and/or
citizenship determinations made by the competent authorities of the Republic of Moldova shall be applied by the
competent authorities of the European Union upon the confirmation by the Joint Committee of the full application by
the Republic of Moldova of such operating licensing rules.
7. Without prejudice to a decision within the Joint Committee or within Article 24 (Safeguard measures), aircraft
registered at the date of signature in the register of the Republic of Moldova and used by operators under the
regulatory control of the Republic of Moldova, which do not have a type certificate issued in accordance with the
relevant EU legislation in Part C of Annex III to this Agreement, can be managed under the responsibility of the
competent authorities of the Republic of Moldova in accordance with the applicable national safety requirements of
the Republic of Moldova until no later than:
(a) 1 January 2017 for certain aero-planes engaged in cargo-only operations;
(b) 31 December 2022 for certain helicopters engaged in operations such as search and rescue, aerial work, training,
emergency, agricultural and humanitarian flights in accordance with the operational certificates of the respective
carriers;
provided that the aircraft comply with international aviation safety standards established pursuant to the Convention.
Such aircraft shall not benefit from any rights granted under this Agreement and shall not operate on air routes to,
from or within the European Union.
During the above transition phase, the number of aircraft in the register of the Republic of Moldova which do not
have a type certificate issued in accordance with the relevant EU legislation shall not exceed 53 until 1 January 2017,
shall thereafter not exceed 36 and shall no later than 31 December 2022 have been completely phased-out.

---

EN
20.10.2012 Official
Journal
of
the
European
Union L
292/27
ANNEX III
(Subject to regular update)
RULES APPLICABLE TO CIVIL AVIATION
The ‘Applicable provisions’ of the following acts shall be applicable in accordance with this Agreement unless otherwise
specified in this Annex or in Annex II to this Agreement (Transitional Provisions). Where necessary, specific adaptations
for each individual act are set out hereafter:
A. MARKET ACCESS AND ANCILLARY ISSUES
No 95/93
Council Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at Community
airports
as amended by:
— Regulation (EC) No 894/2002 of the European Parliament and of the Council of 27 May 2002 amending Council
Regulation (EEC) No 95/93 on common rules for the allocation of slots at Community airports
— Regulation (EC) No 1554/2003 of the European Parliament and of the Council of 22 July 2003 amending Council
Regulation (EEC) No 95/93 on common rules for the allocation of slots at Community airports
— Regulation (EC) No 793/2004 of the European Parliament and of the Council of 21 April 2004 amending Council
Regulation (EEC) No 95/93 on common rules for the allocation of slots at Community airports
— Regulation (EC) No 545/2009 of the European Parliament and of the Council of 18 June 2009 amending Regulation
(EEC) No 95/93 on common rules for the allocation of slots at Community airports
Applicable provisions: Articles 1 to 12, 14 and 14 a (2)
As regards the application of Article 12(2), the term ‘the Commission’ shall read ‘the Joint Committee’.
No 96/67
Council Directive 96/67/EC of 15 October 1996 on access to the groundhandling market at Community airports
Applicable provisions: Articles 1 to 25 and Annex
As regards the application of Article 10, the term ‘Member States’ shall read ‘Member States of the European Union’.
As regards the application of Article 20(2), the term ‘the Commission’ shall read ‘the Joint Committee’.
No 785/2004
Regulation (EC) No 785/2004 of the European Parliament and of the Council of 21 April 2004 on insurance
requirements for air carriers and aircraft operators
Applicable provisions: Articles 1 to 8, and 10(2)
No 2009/12
Directive (EC) No 2009/12 of the European Parliament and of the Council of 11 March 2009 on airport charges
Applicable provisions: Articles 1 to 12

---

L 292/28
EN
Official Journal of the European Union
20.10.2012
B. AIR TRAFFIC MANAGEMENT
No 549/2004
Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the
framework for the creation of the single European sky (the framework Regulation)
Applicable provisions: Articles 1 to 4, 6, and 9 to 14
No 550/2004
Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 2004 on the provision of air
navigation services in the single European sky (the service provision Regulation)
Applicable provisions: Articles 1 to 19, Annexes I and II
No 551/2004
Regulation (EC) No 551/2004 of the European Parliament and of the Council of 10 March 2004 on the organisation and
use of the airspace in the single European sky (the airspace Regulation)
Applicable provisions: Articles 1 to 11
No 552/2004
Regulation (EC) No 552/2004 of the European Parliament and of the Council of 10 March 2004 on the interoperability
of the European Air Traffic Management network (the interoperability Regulation)
Applicable provisions: Articles 1 to 12, Annexes I to V
No 2150/2005
Commission Regulation (EC) No 2150/2005 of 23 December 2005 laying down common rules for the flexible use of
airspace
No 730/2006
Commission Regulation (EC) No 730/2006 of 11 May 2006 on airspace classification and access of flights operated
under visual flight rules above flight level 195
No 1794/2006
Commission Regulation (EC) No 1794/2006 of 6 December 2006 laying down a common charging scheme for air
navigation services
No 1033/2006
Commission Regulation (EC) No 1033/2006 of 4 July 2006 laying down the requirements on procedures for flight plans
in the pre-flight phase for the single European sky
No 1032/2006
Commission Regulation (EC) No 1032/2006 of 6 July 2006 laying down requirements for automatic systems for the
exchange of flight data for the purpose of notification, coordination and transfer of flights between air traffic control units
No 219/2007
Council Regulation (EC) No 219/2007 of 27 February 2007 on the establishment of a Joint Undertaking to develop the
new generation European air traffic management system (SESAR)
Applicable provisions: Article 1(1)-(2) and (5)-(7), Articles 2 to 3, Article 4(1), Annex
No 633/2007
Commission Regulation (EC) No 633/2007 of 7 June 2007 laying down requirements for the application of a flight
message transfer protocol used for the purpose of notification, coordination and transfer of flights between air traffic
control units
Applicable provisions: Articles 1 to 7, the second and third sentences of Article 8, Annexes I to IV

---

EN
20.10.2012 Official
Journal
of
the
European
Union L
292/29
No 1265/2007
Commission Regulation (EC) No 1265/2007 of 26 October 2007 laying down requirements on air-ground voice channel
spacing for the single European sky
Applicable provisions: Articles 1 to 9, Annexes I to IV
No 482/2008
Commission Regulation (EC) No 482/2008 of 30 May 2008 establishing a software safety assurance system to be
implemented by air navigation service providers and amending Annex II to Regulation (EC) No 2096/2005
Applicable provisions: Articles 1 to 5, Annexes I to II
No 1361/2008
Council Regulation (EC) No 1361/2008 of 16 December 2008 amending Regulation (EC) No 219/2007 on the estab
lishment of a joint undertaking to develop the new generation European air traffic management system (SESAR).
Applicable provisions: Articles 1 to 5 (with the exception of Article 1.6), Annex (with the exception of points 11 and 12).
No 29/2009
Commission Regulation (EC) No 29/2009 of 16 January 2009 laying down requirements on data link services for the
single European sky.
Applicable provisions: Articles 1 to 15, Annexes I-VII
No 30/2009
Commission Regulation (EC) No 30/2009 of 16 January 2009 amending Regulation (EC) No 1032/2006 as far as the
requirements for automatic systems for the exchange of flight data supporting data link services are concerned.
Applicable provisions: Articles 1 to 2, Annex
No 262/2009
Commission Regulation (EC) No 262/2009 of 30 March 2009 laying down requirements for the coordinated allocation
and use of Mode S interrogator codes for the single European sky.
Applicable provisions: Articles 1 to 13, Annexes I-III
No 1070/2009
Regulation (EC) No 1070/2009 of the European Parliament and of the Council of 21 October 2009 amending Regu
lations (EC) No 549/2004, (EC) No 550/2004, (EC) No 551/2004 and (EC) No 552/2004 in order to improve the
performance and sustainability of the European aviation system.
Applicable provisions: Articles 1 to 5, with the exception of Article 1.4
No 1108/2009
Regulation (EC) No 1108/2009 of the European Parliament and of the Council of 21 October 2009 amending Regulation
(EC) No 216/2008 in the field of aerodromes, air traffic management and air navigation services and repealing Directive
2006/23/EC.
No 73/2010
Commission Regulation (EU) No 73/2010 of 26 January 2010 laying down requirements on the quality of aeronautical
data and aeronautical information for the single European sky.
No 255/2010
Commission Regulation (EU) No 255/2010 of 25 March 2010 laying down common rules on air traffic flow
management.

---

L 292/30
EN
Official Journal of the European Union
20.10.2012
No 691/2010
Commission Regulation (EU) No 691/2010 of 29 July 2010 laying down a performance scheme for air navigation
services and network functions and amending Regulation (EC) No 2096/2005 laying down common requirements for
the provision of air navigation services.
No 929/2010
Commission Regulation (EU) No 929/2010 of 18 October 2010 amending Regulation (EC) No 1033/2006 as regards the
ICAO provisions referred to in Article 3(1).
No 1191/2010
Commission Regulation (EU) No 1191/2010 of 16 December 2010 amending Regulation (EC) No 1794/2006 laying
down a common charging scheme for air navigation services.
Commission Decision of 21 February 2011 setting the European Union-wide performance targets and alert thresholds for
the provision of air navigation services for the years 2012 to 2014 (2011/121/EU)
No 176/2011
Commission Regulation (EU) No 176/2011 of 24 February 2011 on the information to be provided before the estab
lishment and modification of a functional airspace block.
No 283/2011
Commission Regulation (EU) No 283/2011 of 22 March 2011 amending Regulation (EC) No 633/2007 as regards the
transitional arrangements referred to in Article 7
Commission Decision of 20.05.2011 on exemptions under Article 14 of Commission Regulation (EC) No 29/2009 on
data link services for the single European sky.
No 677/2011
Commission Regulation (EU) No 677/2011 of 7 July 2011 laying down detailed rules for the implementation of air traffic
management (ATM) network functions and amending Regulation (EU) No 691/2010.
Commission Decision C(2011) 4130 final of 7 July 2011 on the nomination of the Network Manager for the air traffic
management (ATM) network functions of the single European sky.
No 805/2011
Commission Regulation (EU) No 805/2011 of 10 August 2011 laying down detailed rules for air traffic controllers’
licences and certain certificates pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council.
No 1034/2011
Commission Implementing Regulation (EU) No 1034/2011 of 17 October 2011 on safety oversight in air traffic
management and air navigation services and amending Regulation (EU) No 691/2010.
No 1035/2011
Commission Implementing Regulation (EU) No 1035/2011 of 17 October 2011 laying down common requirements for
the provision of air navigation services and amending Regulations (EC) No 482/2008 and (EU) No 691/2010
C. AVIATION SAFETY
No 3922/91
Council Regulation (EEC) No 3922/91 of 16 December 1991 on the harmonisation of technical requirements and
administrative procedures in the field of civil aviation
as amended by:
— Commission Regulation (EC) No 2176/96 of 13 November 1996 amending to scientific and technical progress
Council Regulation (EEC) No 3922/91
— Commission Regulation (EC) No 1069/1999 of 25 May 1999 adapting to scientific and technical progress Council
Regulation (EEC) No 3922/91

---

EN
20.10.2012 Official
Journal
of
the
European
Union L
292/31
— Commission Regulation (EC) No 2871/2000 of 28 December 2000 adapting to scientific and technical progress
Council Regulation (EEC) 3922/91 on the harmonisation of technical requirements and administrative procedures in
the field of civil aviation
— Regulation (EC) No 1899/2006 of the European Parliament and of the Council of 12 December 2006 amending
Council Regulation (EEC) No 3922/91 on the harmonisation of technical requirements and administrative procedures
in the field of civil aviation
— Regulation (EC) No 1900/2006 of the European Parliament and of the Council of 20 December 2006 amending
Council Regulation (EEC) No 3922/91 on the harmonisation of technical requirements and administrative procedures
in the field of civil aviation
— Commission Regulation (EC) No 8/2008 of 11 December 2007 amending Council Regulation (EEC) No 3922/91 as
regards common technical requirements and administrative procedures applicable to commercial transportation by
aeroplane
— Commission Regulation (EC) No 859/2008 of 20 August 2008 amending Council Regulation (EEC) No 3922/91 as
regards common technical requirements and administrative procedures applicable to commercial transportation by
aeroplane
Applicable provisions: Articles 1 to 10, 12 to13 with the exception of Article 4(1) and Article 8(2) (second sentence),
Annexes I to III
As regards the application of Article 12, ‘Member States’ shall read ‘Member States of the European Union’.
No 216/2008
Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in
the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive
91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC
Applicable provisions: Articles 1 to 68 with the exception of Article 65, the second subparagraph of Article 69(1),
Article 69(4), Annexes I to VI
as amended by:
Commission Regulation (EC) No 690/2009 of 30 July 2009 amending Regulation (EC) No 216/2008 of the European
Parliament and the Council on common rules in the field of civil aviation and establishing a European Aviation Safety
Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC
Regulation (EC) No 1108/2009 of the European Parliament and of the Council of 21 October 2009 amending Regulation
(EC) No 216/2008 in the field of aerodromes, air traffic management and air navigation services and repealing Directive
2006/23/EC
Applicable provisions: Articles 1 to 3, with the exception of paragraph 5 of Article 8a, paragraph 6 of Article 8b and
paragraph 10 of Article 8c inserted by Article 1(7) of Regulation (EC) No 1108/2009, Annex
No 996/2010
Regulation (EU) No 996/2010 of the European Parliament and of the Council of 20 October 2010 on the investigation
and prevention of accidents and incidents in civil aviation and repealing Directive 94/56/EC
No 2003/42
Directive 2003/42/EC of the European Parliament and the Council of 13 June 2003 on occurrence reporting in civil
aviation
Applicable provisions: Articles 1 to 11, Annexes I and II
No 1321/2007
Commission Regulation (EC) No 1321/2007 of 12 November 2007 laying down implementing rules for the integration
into a central repository of information on civil aviation occurrences exchanged in accordance with Directive 2003/42/EC
of the European Parliament and of the Council
Applicable provisions: Articles 1 to 4

---

L 292/32
EN
Official Journal of the European Union
20.10.2012
No 1330/2007
Commission Regulation (EC) No 1330/2007 of 24 September 2007 laying down implementing rules for the dissemi
nation to interested parties of information on civil aviation occurrences referred to in Article 7(2) of Directive
2003/42/EC of the European Parliament and of the Council
Applicable provisions: Articles 1 to 10, Annexes I to II
No 1702/2003
Commission Regulation (EC) No 1702/2003 of 24 September 2003 laying down implementing rules for the
airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the
certification of design and production organisations
as amended by:
— Commission Regulation (EC) No 381/2005 of 7 March 2005 amending Regulation (EC) No 1702/2003 laying down
implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and
appliances, as well as for the certification of design and production organisations
— Commission Regulation (EC) No 706/2006 of 8 May 2006 amending Regulation (EC) No 1702/2003 as regards the
period during which Member States may issue approvals of a limited duration
— Commission Regulation (EC) No 335/2007 of 28 March 2007 amending Regulation (EC) No 1702/2003 as regards
the implementing rules related to environmental certification of aircraft and related products, parts and appliances
— Commission Regulation (EC) No 375/2007 of 30 March 2007 amending Regulation (EC) No 1702/2003 laying down
implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and
appliances, as well as for the certification of design and production organisations
— Commission Regulation (EC) No 287/2008 of 28 March 2008 on the extension of the period of validity of referred to
in Article 2c(3) of Regulation (EC) No 1702/2003
— Commission Regulation (EC) No 1057/2008 of 27 October 2008 amending Appendix II of Annex to Regulation (EC)
No 1702/2003 concerning the Airworthiness Review Certificate (EASA Form 15a)
— Commission Regulation (EC) No 1194/2009 of 30 November 2009 amending Regulation (EC) No 1702/2003 laying
down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts
and appliances as well as for certification of design and production organisations
Note: Corrected by Corrigenda to Commission Regulation (EC) No 1194/2009 of 30 November 2009 amending Regu
lation (EC) No 1702/2003 laying down implementing rules for the airworthiness and environmental certification of
aircraft and related products, parts and appliances as well as for certification of design and production organisations
(OJ L 336, 18.12.2009, p. 58 and OJ L 58, 9.3.2010, p. 23)
Applicable provisions: Articles 1 to 4, Annex. The transitional periods referred to in this Regulation shall be determined
by the Joint Committee.
No 2042/2003
Commission Regulation (EC) No 2042/2003 of 20 November 2003 on the continuing airworthiness of aircraft and
aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks
as amended by:
— Commission Regulation (EC) No 707/2006 of 8 May 2006 amending Regulation (EC) No 2042/2003 as regards
approvals of a limited duration and Annexes I and III
— Commission Regulation (EC) No 376/2007 of 30 March 2007 amending Regulation (EC) No 2042/2003 on the
continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organi
sations and personnel involved in these tasks

---

EN
20.10.2012 Official
Journal
of
the
European
Union L
292/33
— Commission Regulation (EC) No 1056/2008 of 27 October 2008 amending Regulation (EC) No 2042/2003 on the
continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organi
sations and personnel involved in these tasks
— Commission Regulation (EC) No 127/2010 amending Regulation (EC) No 2042/2003 on the continuing airworthiness
of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel
involved in these tasks
Applicable provisions: Articles 1 to 6, Annexes I to IV
No 104/2004
Commission Regulation (EC) No 104/2004 of 22 January 2004 laying down rules on the organisation and composition
of the Board of Appeal of the European Aviation Safety Agency
Applicable provisions: Articles 1 to 7 and Annex
No 593/2007
Commission Regulation (EC) No 593/2007 of 31 May 2007 on the fees and charges levied by the European Aviation
Safety Agency
as amended by:
Commission Regulation (EC) No 1356/2008 of 23 December 2008 amending Regulation (EC) No 593/2007 on the fees
and charges levied by the European Aviation Safety Agency
Applicable provisions: Articles 1 to 12, Article 14(2), Annex
No 736/2006
Commission Regulation (EC) No 736/2006 of 16 May 2006 on working methods of the European Aviation Safety
Agency for conducting standardisation inspections
Applicable provisions: Articles 1 to 18
No 768/2006
Commission Regulation (EC) No 768/2006 of 19 May 2006 implementing Directive 2004/36/EC of the European
Parliament and of the Council as regards the collection and exchange of information on the safety of aircraft using
Community airports and the management of the information system
Applicable provisions: Articles 1 to 5
No 2111/2005
Regulation (EC) No 2111/2005 of the European Parliament and the Council of 14 December 2005 on the establishment
of a Community list of air carriers subject to an operating ban within the Community and on informing air transport
passengers of the identity of the operating air carrier, and repealing Article 9 of Directive 2004/36/CE
Applicable provisions: Articles 1-13, Annex
Commission Regulation (EC) No 473/2006 of 22 March 2006 laying down implementing rules for the Community list of
air carriers which are subject to an operating ban within the Community referred to in Chapter II of Regulation (EC)
No 2111/2005 of the European Parliament and the Council
Applicable provisions: Articles 1 to 6 and Annexes A to C
Commission Regulation (EC) No 474/2006 of 22 March 2006 establishing the Community list of air carriers which are
subject to an operating ban within the Community referred to in Chapter II of Regulation (EC) No 2111/2005 of the
European Parliament and of the Council, and as subsequently amended.
Applicable provisions: Articles 1 to 3 and Annexes A and B

---

L 292/34
EN
Official Journal of the European Union
20.10.2012
D. AVIATION SECURITY
Framework Regulation
No 300/2008
Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the
field of civil aviation security and repealing Regulation (EC) No 2320/2002
Applicable provisions: Articles 1 to 18, Article 21, Annex
Supplementing Regulation
No 272/2009
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
as amended by:
— Commission Regulation (EU) No 720/2011 of 22 July 2011 amending Commission Regulation (EC) No 272/2009
supplementing the common basic standards on civil aviation security as regards the phasing-in of the screening of
liquids, aerosols and gels at EU airports
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
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
Implementing Regulation
No 72/2010
Commission Regulation (EU) No 72/2010 of 26 January 2010 laying down procedures for conducting Commission
inspections in the field of aviation security
No 185/2010
Commission Regulation (EU) No 185/2010 of 4 March 2010 laying down detailed measures for the implementation of
the common basic standards on aviation security
as amended by:
— Commission Regulation (EU) No 357/2010 of 23 April 2010 amending Commission Regulation (EU) No 185/2010
of 4 March 2010 laying down detailed measures for the implementation of the common basic standards on aviation
security
— Commission Regulation (EU) No 358/2010 of 23 April 2010 amending Commission Regulation (EU) No 185/2010
of 4 March 2010 laying down detailed measures for the implementation of the common basic standards on aviation
security
— Commission Regulation (EU) No 573/2010 of 30 June 2010 amending Commission Regulation (EU) No 185/2010 of
4 March 2010 laying down detailed measures for the implementation of the common basic standards on aviation
security
— Commission Regulation (EU) No 983/2010 of 3 November 2010 amending Regulation (EU) No 185/2010 laying
down detailed measures for the implementation of the common basic standards on aviation security
— Commission Regulation (EU) No 334/2011 of 7 April 2011 amending Commission Regulation (EU) No 185/2010 of
4 March 2010 laying down detailed measures for the implementation of the common basic standards on aviation
security

---

EN
20.10.2012 Official
Journal
of
the
European
Union L
292/35
Commission Decision 2010/774/EU of 13 April 2010 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 (need to know aviation security measures)
as amended by:
— Commission Decision 2010/2604/EU of 23 April 2010 amending Commission Decision 2010/774/EU of 13 April
2010 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 (protection of
supplies of LAGs and STEBs)
— Commission Decision 2010/3572/EU of 30 June 2010 amending Commission Decision 2010/774/EU of 13 April
2010 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 (explosive detection
dogs)
— Commission Decision 2010/9139/EU of 20 December 2010 amending Commission Decision 2010/774/EU of
13 April 2010 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 (metal
detection for cargo)
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 — Declaration by the Commission
in the Conciliation Committee on the Directive relating to the assessment and management of environmental noise
Applicable provisions: Articles 1 to 16, Annexes I to VI
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

---

L 292/36
EN
Official Journal of the European Union
20.10.2012
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 on air carrier liability in the event of accidents
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

---

EN
20.10.2012 Official
Journal
of
the
European
Union L
292/37
ANNEX IV
List of other States referred to in Articles 3 and 4, 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 on
Air Transport).

---

Document Outline

• �

---