欧盟及其成员国、冰岛、挪威之间的附属协议,关于对美国、欧盟及其成员国、冰岛和挪威之间的航空运输协定中的应用
技术法规类型:欧盟Eurlex法规 来源:tbtmap
EURLEX ID:22011A1029(02)
OJ编号:OJ L 283, 29.10.2011, p. 16-24
中文标题:欧盟及其成员国、冰岛、挪威之间的附属协议,关于对美国、欧盟及其成员国、冰岛和挪威之间的航空运输协定中的应用
原文标题:Ancillary Agreement between the European Union and its Member States, of the first part, Iceland, of the second part, and the Kingdom of Norway, of the third part, on the application 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
分类:07.40.50.20_与非成员国的协定
文件类型:外部关系 Agreement, opinion|协议、意见
生效日期:2011-06-16
废止日期:2058-12-31
法规全文:查看欧盟官方文件
EN
Official Journal of the European Union
29.10.2011
ANCILLARY AGREEMENT
between the European Union and its Member States, of the first part, Iceland, of the second part,
and the Kingdom of Norway, of the third part, on the application 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 KINGDOM OF BELGIUM,
THE REPUBLIC OF BULGARIA,
THE CZECH REPUBLIC,
THE KINGDOM OF DENMARK,
THE FEDERAL REPUBLIC OF GERMANY,
THE REPUBLIC OF ESTONIA,
IRELAND,
THE HELLENIC REPUBLIC,
THE KINGDOM OF SPAIN,
THE FRENCH REPUBLIC,
THE ITALIAN REPUBLIC,
THE REPUBLIC OF CYPRUS,
THE REPUBLIC OF LATVIA,
THE REPUBLIC OF LITHUANIA,
THE GRAND DUCHY OF LUXEMBOURG,
THE REPUBLIC OF HUNGARY,
MALTA,
THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA,
THE REPUBLIC OF POLAND,
THE PORTUGUESE REPUBLIC,
ROMANIA,
THE REPUBLIC OF SLOVENIA,
THE SLOVAK REPUBLIC,
THE REPUBLIC OF FINLAND,
THE KINGDOM OF SWEDEN,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
EN
29.10.2011 Official
Journal
of
the
European
Union L
283/17
being parties to the Treaty on European Union and to 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 first part;
ICELAND,
of the second part;
and
THE KINGDOM OF NORWAY (hereinafter, ‘Norway’),
of the third part;
NOTING that the European Commission has negotiated, on behalf of the European Union and of the Member States, an
Agreement on Air Transport with the United States of America in accordance with the Council Decision authorising the
Commission to open negotiations,
NOTING that the Air Transport Agreement between the United States of America and the European Community and its
Member States (hereinafter, ‘the Air Transport Agreement’) was initialled on 2 March 2007, signed at Brussels on 25 April
2007 and at Washington, D.C. on 30 April 2007 and provisionally applied from 30 March 2008,
NOTING that the Air Transport Agreement was amended by the Protocol to amend the Air Transport Agreement
between the United States of America and the European Union and its Member States (hereinafter, ‘the Protocol’),
initialled on 25 March 2010, and signed at Luxembourg on 24 June 2010,
NOTING that Iceland and Norway, being fully integrated members of the single European Aviation Market through the
Agreement on the European Economic Area, have adhered to the Air Transport Agreement as amended by the Protocol
through an 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 (hereinafter ‘the
Agreement’), of even date, which incorporates the Air Transport Agreement as amended by the Protocol,
RECOGNISING that it is necessary to lay down procedural arrangements for deciding, if appropriate, how to take
measures pursuant to Article 21, paragraph 5 of the Air Transport Agreement as amended by the Protocol,
RECOGNISING that it is furthermore necessary to lay down procedural arrangements for the participation of Iceland and
Norway in the Joint Committee set up under Article 18 of the Air Transport Agreement as amended by the Protocol and
in the arbitration procedures provided for in Article 19 of the Air Transport Agreement as amended by the Protocol.
These procedural arrangements should ensure the necessary cooperation, flow of information and consultation before
Joint Committee meetings, as well as the implementation of certain provisions of the Air Transport Agreement as
amended by the Protocol, including those concerning security, safety, the granting and revocation of traffic rights and
government support,
HAVE AGREED AS FOLLOWS:
Article 1
Article 2
Notification
Suspension of Traffic Rights
Should the European Union and its Member States decide to
A decision not to allow airlines of the other Party to operate
terminate the Agreement in accordance with Article 3 of the
additional frequencies or enter new markets under the
Agreement or to discontinue its provisional application, or to
Agreement and give notice thereof to the United States of
withdraw notices to that effect, the Commission shall, before
America, or to agree to lift any such decision, taken in
giving notice through diplomatic channels to the United States
accordance with Article 21, paragraph 5 of the Air Transport
of America, immediately notify Iceland and Norway thereof.
Agreement as amended by the Protocol, shall be adopted by the
Iceland and/or Norway shall likewise immediately notify the
Council, on behalf of the European Union and of the Member
Commission of any such decision.
States, acting unanimously in accordance with the relevant
L 283/18
EN
Official Journal of the European Union
29.10.2011
Treaty provisions, and by Iceland and Norway. The President of
2. The
Commission
shall,
as
appropriate,
take
measures
to
the Council, acting on behalf of the European Union and of the
ensure the involvement of Iceland and Norway in the prep
Member States, Iceland and Norway shall then give notice to the
aration and coordination of arbitration proceedings.
United States of America of any such decision.
3. If
the
Council
decides
to
suspend
benefits
in
accordance
Article 3
with Article 19, paragraph 7 of the Air Transport Agreement as
amended by the Protocol that decision shall be notified to
Joint Committee
Iceland and Norway. Iceland and/or Norway shall likewise
1. The
European
Union,
the
Member
States,
Iceland
and inform the Commission of any such decision made.
Norway shall be represented in the Joint Committee established
under Article 18 of the Air Transport Agreement as amended
by the Protocol by representatives of the Commission, the
Member States, Iceland and Norway.
4. Any
other
appropriate
action
to
be
taken
under
Article
19
of the Air Transport Agreement as amended by the Protocol on
matters which within the EU fall within the Union competence
shall be decided upon by the Commission, with assistance of a
2. The position of the European Union, the Member States,
Special Committee of representatives of the Member States
Iceland and Norway within the Joint Committee shall be
appointed by the Council, of Iceland and of Norway.
presented by the Commission, except in areas within the EU
that fall exclusively within Member States’ competence, in which
case it shall be presented by the Presidency of the Council or by
the Commission, Iceland and Norway as appropriate.
Article 5
Exchange of Information
1. Iceland and Norway shall promptly inform the
3. The
position
to
be
taken
by
Iceland
and
Norway
within Commission of any decision to refuse, revoke, suspend or
the Joint Committee as regards matters that fall within Articles
limit the authorisations of an airline of the United States of
14 or 20 of the Air Transport Agreement as amended by the
America that they have adopted under Article 4 or 5 of the
Protocol, or matters that do not require the adoption of a
Air Transport Agreement as amended by the Protocol. The
decision having legal effects shall be adopted by the
Commission shall likewise promptly inform Iceland and
Commission in agreement with Iceland and Norway.
Norway of any such decision taken by Member States.
4. For
other
Joint
Committee
decisions
concerning
matters 2. Iceland
and
Norway
shall
inform
the
Commission
that fall within regulations and directives that are incorporated
immediately of any requests or notifications made or received
in the Agreement on the European Economic Area, the position
by them under Article 8 of the Air Transport Agreement as
to be taken by Iceland and Norway shall be adopted by Iceland
amended by the Protocol. The Commission shall likewise
and Norway on a proposal from the Commission.
immediately inform Iceland and Norway of any such requests
or notifications made or received by Member States.
5. For
other
Joint
Committee
decisions
concerning
matters
that fall outside regulations and directives that are incorporated
3. Iceland
and
Norway
shall
inform
the
Commission
in the Agreement on the European Economic Area, the position
immediately of any requests or notifications made or received
to be taken by Iceland and Norway, shall be adopted by Iceland
by them under Article 9 of the Air Transport Agreement as
and Norway in agreement with the Commission.
amended by the Protocol. The Commission shall likewise
immediately inform Iceland and Norway of any such requests
or notifications made or received by Member States.
6. The
Commission
shall
take
adequate
measures
to
ensure
full participation of Iceland and Norway in any coordination,
consultation or decision shaping meetings with the Member
Article 6
States and access to the relevant information in preparation
to Joint Committee meetings to be held.
Government subsidies and support
1. Should
Iceland
or
Norway
believe
that
a
subsidy
or
support being considered or provided by a governmental
entity in the territory of the United States of America will
Article 4
have the adverse competitive effects referred to in Article 14,
Arbitration
paragraph 2 of the Air Transport Agreement as amended by the
Protocol, it shall bring the matter to the attention of the
1. The
Commission
shall
represent
the
European
Union,
the Commission. Should a Member State have brought a similar
Member States, Iceland and Norway in arbitration proceedings
matter to the attention of the Commission, the Commission
under Article 19 of the Air Transport Agreement as amended
shall likewise bring the matter to the attention of Iceland and
by the Protocol.
Norway.
EN
29.10.2011 Official
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of
the
European
Union L
283/19
2. The
Commission,
Iceland
and
Norway
may
approach
such
Article 8
entity or request a meeting of the Joint Committee established
under Article 18 of the Air Transport Agreement as amended
Provisional application
by the Protocol.
Pending entry into force pursuant to Article 9, the Parties agree
to provisionally apply this Ancillary Agreement, to the extent
permitted under applicable domestic law, from the later of the
3. The
Commission,
Iceland
and
Norway
shall
inform
each date of the signature of this Ancillary Agreement or of the date
other immediately when they are contacted by the United States
specified in Article 5 of the Agreement.
of America under Article 14, paragraph 3 of the Air Transport
Agreement as amended by the Protocol.
Article 9
Entry into force
Article 7
This Ancillary Agreement shall enter into force either (a) one
Termination or cessation of provisional application
month after the date of the latest note in exchange of
diplomatic notes between the Parties confirming that all
1. A
Party
may,
at
any
time,
give
notice
in
writing
through necessary procedures for entry into force of this Ancillary
diplomatic channels to the other Parties of its decision to
Agreement have been completed, or (b) on the date of entry
terminate this Ancillary Agreement or to end its provisional
into force of the Agreement, whichever is the later.
application. This Ancillary Agreement shall terminate or shall
cease to be provisionally applied at midnight GMT six months
following the date of the written notification of termination or
of cessation of provisional application, unless the notice is
IN WITNESS WHEREOF, the undersigned, duly authorised to that
withdrawn by agreement of the Parties before the end of this
effect, have signed this Ancillary Agreement.
period.
Done at Luxembourg and Oslo, in triplicate, on the 16th and
21st of June 2011 respectively, in the Bulgarian, Czech, Danish,
2. Notwithstanding
any
other
provision
of
this
Article,
if
the Dutch, English, Estonian, Finnish, French, German, Greek,
Agreement is terminated or its provisional application is ended,
Hungarian, Icelandic, Italian, Latvian, Lithuanian, Maltese,
this Ancillary Agreement shall simultaneously terminate or
Norwegian, Polish, Portuguese, Romanian, Slovak, Slovenian,
cease to be provisionally applied.
Spanish and Swedish languages, all texts being authentic.


L 283/20
EN
Official Journal of the European Union
29.10.2011
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
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.


EN
29.10.2011 Official
Journal
of
the
European
Union L
283/21
За Репyблика Бългaрия
Za eskou republiku
For Kongeriget Danmark
Für die Bundesrepublik Deutschland
Eesti Vabariigi nimel
Thar cheann Na hireann
For Ireland
Για την Ελληνικ Δημοκρατα
L 283/22
EN
Official Journal of the European Union
29.10.2011
Por el Reino de Espaa
Pour la République franaise
Per la Repubblica italiana
Για την Κυπριακ Δημοκρατα
Latvijas Republikas vārdā –
Lietuvos Respublikos vardu
EN
29.10.2011 Official
Journal
of
the
European
Union L
283/23
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
Pela República Portuguesa


L 283/24
EN
Official Journal of the European Union
29.10.2011
Pentru Romnia
Za Republiko Slovenijo
Za Slovenskú republiku
Suomen tasavallan puolesta
Fr Republiken Finland
Fr Konungariket Sverige
For the United Kingdom of Great Britain and Northern Ireland
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