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29.10.2011 Official
Journal
of
the
European
Union
L
283/3
AIR TRANSPORT AGREEMENT
THE UNITED STATES OF AMERICA (hereinafter, ‘the United States’),
of the first part;
THE KINGDOM OF BELGIUM,
THE REPUBLIC OF BULGARIA,
THE CZECH REPUBLIC,
THE KINGDOM OF DENMARK,
THE FEDERAL REPUBLIC OF GERMANY,
THE REPUBLIC OF ESTONIA,
IRELAND,
THE HELLENIC REPUBLIC,
THE KINGDOM OF SPAIN,
THE FRENCH REPUBLIC,
THE ITALIAN REPUBLIC,
THE REPUBLIC OF CYPRUS,
THE REPUBLIC OF LATVIA,
THE REPUBLIC OF LITHUANIA,
THE GRAND DUCHY OF LUXEMBOURG,
THE REPUBLIC OF HUNGARY,
MALTA,
THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA,
THE REPUBLIC OF POLAND,
THE PORTUGUESE REPUBLIC,
ROMANIA,
THE REPUBLIC OF SLOVENIA,
THE SLOVAK REPUBLIC,

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L 283/4
EN
Official Journal of the European Union
29.10.2011
THE REPUBLIC OF FINLAND,
THE KINGDOM OF SWEDEN,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
being parties to the Treaty on European Union and the Treaty on the Functioning of the European Union and being
Member States of the European Union (hereinafter, ‘the Member States’),
and
THE EUROPEAN UNION,
of the second part;
ICELAND,
of the third part; and
THE KINGDOM OF NORWAY (hereinafter, ‘Norway’),
of the fourth part;
DESIRING to promote an international aviation system based on competition among airlines in the marketplace with
minimum government interference and regulation;
DESIRING to facilitate the expansion of international air transport opportunities, including through the development of
air transportation networks to meet the needs of passengers and shippers for convenient air transportation services;
DESIRING to make it possible for airlines to offer the travelling and shipping public competitive prices and services in
open markets;
DESIRING to have all sectors of the air transport industry, including airline workers, benefit in a liberalised agreement;
DESIRING to ensure the highest degree of safety and security in international air transport and reaffirming their grave
concern about acts or threats against the security of aircraft, which jeopardise the safety of persons or property, adversely
affect the operation of air transportation, and undermine public confidence in the safety of civil aviation;
NOTING the Convention on International Civil Aviation, opened for signature at Chicago on December 7, 1944;
RECOGNISING that government subsidies may adversely affect airline competition and may jeopardise the basic
objectives of this Agreement;
AFFIRMING the importance of protecting the environment in developing and implementing international aviation policy;
NOTING the importance of protecting consumers, including the protections afforded by the Convention for the Unifi
cation of Certain Rules for International Carriage by Air, done at Montreal May 28, 1999;
INTENDING to build upon the framework of existing agreements with the goal of opening access to markets and
maximising benefits for consumers, airlines, labour, and communities on both sides of the Atlantic;

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EN
29.10.2011 Official
Journal
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European
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RECOGNISING the importance of enhancing the access of their airlines to global capital markets in order to strengthen
competition and promote the objectives of this Agreement;
INTENDING to establish a precedent of global significance to promote the benefits of liberalisation in this crucial
economic sector;
RECOGNISING that the European Union replaced and succeeded the European Community as a consequence of the entry
into force on December 1, 2009 of the Treaty of Lisbon amending the Treaty on European Union and the Treaty
establishing the European Community, and that as of that date, all the rights and obligations of, and all the references to
the European Community in the Air Transport Agreement signed by the United States of America and the European
Community and its Member States on April 25 and 30, 2007, apply to the European Union;
HAVE AGREED AS FOLLOWS:
Article 1
2. Either
Iceland
or
Norway
may,
at
any
time,
give
notice
in
writing through diplomatic channels to the other Parties of its
Definition
decision to withdraw from this Agreement or to end its provi
‘Party’ means the United States, the European Union and its
sional application of this Agreement under Article 5. A copy of
Member States, Iceland, or Norway.
the notice shall be sent simultaneously to ICAO. Such with
drawal or cessation of provisional application shall be
effective at midnight GMT at the end of the IATA traffic
season in effect one year following the date of written notifi
Article 2
cation, unless the notice is withdrawn by agreement of the Party
giving written notice, the United States, and the European
Application of the Air Transport Agreement as amended
Union and its Member States before the end of this period.
by the Protocol and the Annex to this Agreement
The provisions of the Air Transport Agreement signed by the
United States of America and the European Community and its
Member States on April 25 and 30, 2007 (hereinafter, ‘the Air
3. Either
the
United
States
or
the
European
Union
and
its
Transport Agreement’), as amended by the Protocol to Amend
Member States may, at any time, give notice in writing through
the Air Transport Agreement signed by the United States of
diplomatic channels to Iceland or Norway of its decision to
America and the European Union and its Member States on
terminate this Agreement or to end this Agreement’s provi
June 24, 2010 (hereinafter, ‘the Protocol’), which are hereby
sional application, with respect to Iceland or Norway. Copies
incorporated by reference, shall apply to all Parties to this
of the notice shall be sent simultaneously to the other two
Agreement, subject to the Annex to this Agreement. The
Parties to this Agreement and to ICAO. Termination or
provisions of the Air Transport Agreement, as amended by
cessation of provisional application with respect to Iceland or
the Protocol, shall apply to Iceland and Norway as though
Norway shall be effective at midnight GMT at the end of the
they were Member States of the European Union, so that
IATA traffic season in effect one year following the date of
Iceland and Norway shall have all of the rights and obligations
written notification, unless the notice is withdrawn by
of Member States under that agreement. The provisions of the
agreement of the United States, the European Union and its
Annex to this Agreement form an integral part of this
Member States, and the Party receiving the notice, before the
Agreement.
end of this period.
Article 3
4. For
purposes
of
the
diplomatic
notes
contemplated
by
this
Article, diplomatic notes to or from the European Union and its
Termination or cessation of provisional application
Member States shall be delivered to or from, as the case may be,
the European Union.
1. Either
the
United
States
or
the
European
Union
and
its
Member States may, at any time, give notice in writing through
diplomatic channels to the other three Parties of its decision to
terminate this Agreement or to end this Agreement’s provi
sional application under Article 5.
5. Notwithstanding
any
other
provision
of
this
Article,
if
the
Air Transport Agreement, as amended by the Protocol, is
terminated, this Agreement shall terminate simultaneously.
A copy of the notice shall be sent simultaneously to the Inter
national Civil Aviation Organization (ICAO). This Agreement
shall terminate, or provisional application of this Agreement
Article 4
shall end, at midnight GMT at the end of the International
Registration with ICAO
Air Transport Association (IATA) traffic season in effect one
year following the date of the written notification, unless the
This Agreement and all amendments thereto shall be registered
notice is withdrawn by agreement of all of the Parties before the
with ICAO by the General Secretariat of the Council of the
end of this period.
European Union.

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L 283/6
EN
Official Journal of the European Union
29.10.2011
Article 5
3. one month after the date of the last note of the exchanges of
diplomatic notes among the Parties confirming that all
Provisional Application
necessary procedures for entry into force of this
Pending its entry into force, the Parties agree to provisionally
Agreement have been completed.
apply this Agreement, to the extent permitted under applicable
domestic law, from the date of signature. If the Air Transport
Agreement, as amended by the Protocol, is terminated in
For the purposes of this exchange of diplomatic notes,
accordance with Article 23 thereof, or its provisional appli
diplomatic notes to or from the European Union and its
cation ceases in accordance with Article 25 of that agreement,
Member States shall be delivered to or from, as the case may
or provisional application of the Protocol ceases in accordance
be, the European Union. The diplomatic note or notes from the
with Article 9 of the Protocol, provisional application of this
European Union and its Member States shall contain communi
Agreement shall cease simultaneously.
cations from each Member State confirming that its necessary
procedures for entry into force of this Agreement have been
completed.
Article 6
Entry into force
This Agreement shall enter into force on the later of:
IN WITNESS WHEREOF the undersigned, being duly authorised,
have signed this Agreement.
1. the date of entry into force of the Air Transport Agreement;
Done at Luxembourg and Oslo, in quadruplicate, on the
2. the date of entry into force of the Protocol; and
sixteenth and twenty-first of June 2011 respectively.

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EN
29.10.2011 Official
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For the United States of America
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
Fyrir sland
For Kongeriket Norge
Voor het Koninkrijk Belgi
Pour le Royaume de Belgique
Für das Knigreich Belgien

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L 283/8
EN
Official Journal of the European Union
29.10.2011
Deze handtekening verbindt eveneens het Vlaamse Gewest, het Waalse Gewest en het Brussels Hoofdstedelijk Gewest.
Cette signature engage également la Région wallonne, la Région flamande et la Région de Bruxelles-Capitale.
Diese Unterschrift bindet zugleich die Wallonische Region, die Flmische Region und die Region Brüssel-Hauptstadt.
За Репyблика Бългaрия
Za eskou republiku
For Kongeriget Danmark
Für die Bundesrepublik Deutschland
Eesti Vabariigi nimel
Thar cheann Na hireann
For Ireland

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EN
29.10.2011 Official
Journal
of
the
European
Union
L
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Για την Ελληνικ Δημοκρατα
Por el Reino de Espaa
Pour la République franaise
Per la Repubblica italiana
Για την Κυπριακ Δημοκρατα
Latvijas Republikas vārdā –

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L 283/10
EN
Official Journal of the European Union
29.10.2011
Lietuvos Respublikos vardu
Pour le Grand-Duché de Luxembourg
A Magyar Kztársaság részérl
Gal Malta
Voor het Koninkrijk der Nederlanden
Für die Republik sterreich
W imieniu Rzeczypospolitej Polskiej

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EN
29.10.2011 Official
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of
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European
Union L
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Pela República Portuguesa
Pentru Romnia
Za Republiko Slovenijo
Za Slovenskú republiku
Suomen tasavallan puolesta
Fr Republiken Finland
Fr Konungariket Sverige

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L 283/12
EN
Official Journal of the European Union
29.10.2011
For the United Kingdom of Great Britain and Northern Ireland

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EN
29.10.2011 Official
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the
European
Union L
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JOINT DECLARATION
Representatives of the United States of America, the European Union and its Member States, Iceland, and
the Kingdom of Norway confirmed that the text of the Air Transport Agreement between the United States
of America, of the first part, the European Union and its Member States, of the second part, Iceland, of the
third part, and the Kingdom of Norway, of the fourth part ("the Agreement ″), is to be authenticated in other
languages, as provided either, before signature of the Agreement, by Exchanges of Letters or, after signature
of the Agreement, by decision of the Joint Committee.
This Joint Declaration is an integral part of the Agreement.
For the United States of America For
the
European
Union
and its Member States
For Iceland For
the
Kingdom
of
Norway

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L 283/14
EN
Official Journal of the European Union
29.10.2011
ANNEX
Specific provisions with respect to Iceland and Norway
The provisions of the Air Transport Agreement, as amended by the Protocol, modified as follows, shall apply to all Parties
to this Agreement. The provisions of the Air Transport Agreement, as amended by the Protocol, shall apply to Iceland
and Norway as though they were Member States of the European Union, so that Iceland and Norway shall have all of the
rights and obligations of Member States under that agreement, subject to the following:
1. Paragraph 9 of Article 1 of the Air Transport Agreement, as amended by the Protocol, shall read as follows:
‘ “Territory” means, for the United States, the land areas (mainland and islands), internal waters and territorial sea under
its sovereignty or jurisdiction, and, for the European Union and its Member States, the land areas (mainland and
islands), internal waters and territorial sea in which the Agreement on the European Economic Area is applied and
under the conditions laid down in that agreement and any successor instrument, with the exception of the land areas
and internal waters under the sovereignty or jurisdiction of the Principality of Liechtenstein; application of this
Agreement to Gibraltar airport is understood to be without prejudice to the respective legal positions of the
Kingdom of Spain and the United Kingdom with regard to the dispute over sovereignty over the territory in
which the airport is situated, and to the continuing suspension of Gibraltar Airport from European Union aviation
measures existing as at 18 September 2006 as between Member States, in accordance with the Ministerial statement
on Gibraltar Airport agreed in Córdoba on 18 September 2006; and’.
2. Articles 23 to 26 of the Air Transport Agreement, as amended by the Protocol, shall not apply to Iceland and Norway.
3. Articles 9 and 10 of the Protocol shall not apply to Iceland and Norway.
4. The following shall be added to Section 1 of Annex 1 of the Air Transport Agreement, as amended by the Protocol:
‘w. Iceland: Air Transport Agreement, signed at Washington June 14, 1995; amended March 1, 2002 by exchange of
notes; amended August 14, 2006 and March 9, 2007 by exchange of notes.
x. The Kingdom of Norway: Agreement relating to Air Transport Services effected by exchange of notes at
Washington, October 6, 1945; amended August 6, 1954 by exchange of notes; amended June 16, 1995 by
exchange of notes.’.
5. The text of Section 2 of Annex 1 of the Air Transport Agreement, as amended by the Protocol, shall read as follows:
‘Notwithstanding Section 1 of this Annex, for areas that are not encompassed within the definition of ‘territory’ in
Article 1 of this Agreement, the agreements in paragraphs (e) (Denmark-United States), (g) (France-United States), (v)
(United Kingdom-United States), and (x) (Norway-United States) of that section shall continue to apply, according to
their terms.’.
6. The text of Section 3 of Annex 1 of the Air Transport Agreement, as amended by the Protocol, shall read as follows:
‘Notwithstanding Article 3 of this Agreement, U.S. airlines shall not have the right to provide all-cargo services, that
are not part of a service that serves the United States, to or from points in the Member States, except to or from
points in the Czech Republic, the French Republic, the Federal Republic of Germany, the Grand Duchy of
Luxembourg, Malta, the Republic of Poland, the Portuguese Republic, the Slovak Republic, Iceland, and the
Kingdom of Norway.’.
7. The following sentence shall be added at the end of Article 3 of Annex 2 of the Air Transport Agreement, as amended
by the Protocol:
‘For Iceland and Norway, this includes, but is not limited to, Articles 53, 54, and 55 of the Agreement on the
European Economic Area and the European Union Regulations implementing Articles 101, 102 and 105 of the Treaty
on the Functioning of the European Union as incorporated into the Agreement on the European Economic Area, as
well as any amendments thereto.’.

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8. Paragraph 4 of Article 21 of the Air Transport Agreement, as amended by the Protocol, shall apply to Iceland and
Norway to the extent that the relevant laws and regulations of the European Union are incorporated into the
Agreement on the European Economic Area, in accordance with any adaptations thereby stipulated. The rights
provided for in subparagraphs 4(a) and 4(b) of Article 21 of the Air Transport Agreement, as amended by the
Protocol, shall only be available to Iceland or Norway if, with respect to the imposition of noise-based operating
restrictions, Iceland or Norway, respectively, is subject, under the relevant laws and regulations of the European Union
as incorporated into the Agreement on the European Economic Area, to oversight that is comparable to that provided
for in paragraph 4 of Article 21 of the Air Transport Agreement, as amended by the Protocol.

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