(3) Until the end of the second transitional period, if safety deficiencies are identified the European Community may require that the permission for an air carrier licensed by Croatia to operate on air routes to, from, or within the European Community be made subject to a specific safety assessment. Such assessment shall be made by the European Community expeditiously in order to avoid any undue delay in the exercise of traffic rights.
Article 5
Aviation security
(1) At the start of the second transitional period the confidential part of the security legislation as provided in Annex I to this Agreement shall be made available to the appropriate authority of Croatia.
(2) Until the end of the second transitional period, if security deficiencies are identified the European Community may require that the permission for an air carrier licensed by Croatia to operate on air routes to, from or within the European Community be made subject to a specific security assessment. Such assessment shall be made by the European Community expeditiously in order to avoid any undue delay in the exercise of traffic rights.
Protocol V
Transitional arrangements between the European Community and the EC Member States, of one part, and the former Yugoslav Republic of Macedonia, on the other part
Article 1
Transitional periods
(1) The first transitional period shall extend from the entry into force of this Agreement until all conditions set out in Article 2(1) of this Protocol have been fulfilled by the former Yugoslav Republic of Macedonia as verified by an assessment carried out by the European Community.
(2) The second transitional period shall extend from the end of the first transitional period until all conditions set out in Article 2(2) of this Protocol have been fulfilled by the former Yugoslav Republic of Macedonia as verified by an assessment carried out by the European Community.
Article 2
Conditions relating to transition
(1) By the end of the first transitional period the former Yugoslav Republic of Macedonia shall
i. be a full member of the Joint Aviation Authorities and shall endeavour to implement all the aviation safety legislation as provided in Annex I to this Agreement;
ii. apply ECAC Document 30 and shall endeavour to implement all the aviation security legislation as provided in Annex I to this Agreement;
iii. apply Regulation 3925/91 (on elimination of controls applicable to cabin and hold baggage), Regulation 2409/92 (on fares and rates for air services), Directive 94/56 (on accident investigation), Directive 96/67 (on ground handling), Directive 2003/42 (on occurrence reporting), Directive 2000/79 (on working time in civil aviation) and Directive 2003/88 (on working time) as provided in Annex I to this Agreement;
iv. separate the air traffic service provider and the national regulatory body, establish a national supervisory body for air traffic services, start the reorganisation of its airspace into a functional block or blocks, and apply flexible use of airspace;
v. ratify the Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention);
vi. have made sufficient progress in implementing the rules on state aid and competition included in an agreement referred to in Article 14(1) of this Agreement or in Annex III to this Agreement, whichever is applicable.
(2) By the end of the second transitional period the former Yugoslav Republic of Macedonia shall apply this Agreement including all the legislation set out in Annex I to this Agreement.
Article 3
Transitional arrangements
(1) Notwithstanding Article 1(1) of this Agreement,
(a) During the first transitional period:
i. Community air carriers and air carriers licensed by the former Yugoslav Republic of Macedonia shall be permitted to exercise unlimited traffic rights between any point in the former Yugoslav Republic of Macedonia and any point in an EC Member State;
ii. Community air carriers shall not be majority owned or effectively controlled by the former Yugoslav Republic of Macedonia or its nationals and air carriers licensed by the former Yugoslav Republic of Macedonia shall not be majority owned or effectively controlled by EC Member States or their nationals.
(b) During the second transitional period:
i. Community air carriers and air carriers licensed by the former Yugoslav Republic of Macedonia shall be permitted to exercise the traffic rights provided for in paragraph (1)(a) i.;
ii. Community air carriers shall be permitted to exercise unlimited traffic rights between points in the former Yugoslav Republic of Macedonia and other Associated Parties and shall be permitted to change, at any point, from one aircraft to one other aircraft provided that the flight is a part of a service that serves a point in an EC Member State;
iii. air carriers licensed by the former Yugoslav Republic of Macedonia shall be permitted to exercise unlimited traffic rights between points in different EC Member States and shall be permitted to change, at any point, from one aircraft to one other aircraft provided that the flight is a part of a service that serves a point in the former Yugoslav Republic of Macedonia.
(2) For the purpose of this Article, „Community air carrier” shall mean an air carrier licensed by an EC Member State, Norway or Iceland.
(3) Articles 7 and 8 of this Agreement shall not apply until the end of the second transitional period, without prejudice to the obligation of the former Yugoslav Republic of Macedonia and of the Community to grant operating licences in accordance with the acts specified in Annex I to this Agreement, respectively, to carriers which are majority owned or effectively controlled by the EC Member States or their nationals and to carriers which are majority owned or effectively controlled by the former Yugoslav Republic of Macedonia or its nationals from the end of the first transitional period.
Article 4
Application of certain legislation by the former Yugoslav Republic of Macedonia
Notwithstanding Art. 2 of this Protocol, upon entry into force of this Agreement the former Yugoslav Republic of Macedonia shall
i. apply in practice the Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention);
ii. enforce that air carriers licensed by the former Yugoslav Republic of Macedonia comply in practice with Regulation 261/2004;
iii. terminate or bring in line with Community law the contract between the Government of the former Yugoslav Republic of Macedonia and Macedonian Airlines (MAT).
Article 5
Aviation safety
(1) At the start of the first transitional period the former Yugoslav Republic of Macedonia shall be involved as observer in the work of the European Aviation Safety Agency.
(2) At the end of the second transitional period the Joint Committee established under Art. 18 of this Agreement shall determine the precise status and conditions for the participation of the former Yugoslav Republic of Macedonia in the European Aviation Safety Agency.
(3) Until the end of the second transitional period, if safety deficiencies are identified the European Community may require that the permission for an air carrier licensed by the former Yugoslav Republic of Macedonia to operate on air routes to, from or within the European Community be made subject to a specific safety assessment. Such assessment shall be made by the European Community expeditiously in order to avoid any undue delay in the exercise of traffic rights.
Article 6
Aviation security
(1) At the start of the second transitional period the confidential part of the security legislation as provided in Annex I to this Agreement shall be made available to the appropriate authority of the former Yugoslav Republic of Macedonia.
(2) Until the end of the second transitional period, if security deficiencies are identified the European Community may require that the permission for an air carrier licensed by the former Yugoslav Republic of Macedonia to operate on air routes to, from or within the European Community be made subject to a specific security assessment. Such assessment shall be made by the European Community expeditiously in order to avoid any undue delay in the exercise of traffic rights.
Protocol VI
Transitional arrangements between the European Community and the EC Member States, of one part, and Serbia and Montenegro, of the other part
Article 1
Transitional periods
(1) The first transitional period shall extend from the entry into force of this Agreement until all conditions set out in Article 2(1) of this Protocol have been fulfilled by Serbia and Montenegro as verified by an assessment carried out by the relevant authority of the European Community.
(2) The second transitional period shall extend from the end of the first transitional period until all conditions set out in Article 2(2) of this Protocol have been fulfilled by Serbia and Montenegro as verified by an assessment carried out by the relevant authority of the European Community.
Article 2
Conditions relating to transition
(1) By the end of the first transitional period Serbia and Montenegro shall
i. be a full member of the Joint Aviation Authorities and shall endeavour to implement all the aviation safety legislation as provided in Annex I to this Agreement;
ii. apply ECAC Document 30 and shall endeavour to implement all the aviation security legislation as provided in Annex I to this Agreement;
iii. apply Regulation 3925/91 (on elimination of controls applicable to cabin and hold baggage), Regulation 2409/92 (on fares and rates for air services), Directive 94/56 (on accident investigation), Directive 96/67 (on ground handling), Regulation 2027/97 (on air carrier liability in the event of accidents), Directive 2003/42 (on occurrence reporting), Regulation 261/2004 (on denied boarding), Directive 2000/79 (on working time in civil aviation) and Directive 2003/88 (on working time) as provided in Annex I to this Agreement;
iv. separate the air traffic service provider and the regulatory body for Serbia and Montenegro, establish a supervisory body for Serbia and Montenegro for air traffic services, start the reorganisation of the airspace of Serbia and Montenegro into a functional block or blocks, and apply flexible use of airspace;
v. ratify the Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention);
vi. have made sufficient progress in implementing the rules on state aid and competition included in an agreement referred to in Article 14(1) of this Agreement or in Annex III to this Agreement, whichever is applicable.
(2) By the end of the second transitional period Serbia and Montenegro shall apply this Agreement including all the legislation set out in Annex I to this Agreement.
Article 3
Transitional arrangements
(1) Notwithstanding Article 1(1) of this Agreement,
(a) During the first transitional period:
i. Community air carriers and air carriers licensed by Serbia and Montenegro shall be permitted to exercise unlimited traffic rights between any point in Serbia and Montenegro and any point in an EC Member State;
ii. Community air carriers shall not be majority owned or effectively controlled by Serbia and Montenegro or its nationals and air carriers licensed by Serbia and Montenegro shall not be majority owned or effectively controlled by EC Member States or their nationals.
(b) During the second transitional period:
i. Community air carriers and air carriers licensed by Serbia and Montenegro shall be permitted to exercise the traffic rights provided for in paragraph (1) (a) i.;
ii. Community air carriers shall be permitted to exercise unlimited traffic rights between points in Serbia and Montenegro and other Associated Parties and shall be permitted to change, at any point, from one aircraft to one other aircraft provided that the flight is a part of a service that serves a point in an EC Member State;
iii. air carriers licensed by Serbia and Montenegro shall be permitted to exercise unlimited traffic rights between points in different EC Member States and shall be permitted to change, at any point, from one aircraft to one other aircraft provided that the flight is a part of a service that serves a point in Serbia and Montenegro.
(2) For the purpose of this Article, „Community air carrier” shall mean an air carrier licensed by an EC Member State, Norway or Iceland.
(3) Articles 7 and 8 of this Agreement shall not apply until the end of the second transitional period, without prejudice to the obligation of Serbia and Montenegro and of the Community to grant operating licences in accordance with the acts specified in Annex I to this Agreement, respectively, to carriers which are majority owned or effectively controlled by the EC Member States or their nationals and to carriers which are majority owned or effectively controlled by Serbia and Montenegro or its nationals from the end of the first transitional period.
Article 4
Aviation safety
(1) At the start of the first transitional period Serbia and Montenegro shall be involved as observer in the work of the European Aviation Safety Agency.
(2) At the end of the second transitional period the Joint Committee established under Art. 18 of this Agreement shall determine the precise status and conditions for the participation of Serbia and Montenegro in the European Aviation Safety Agency.
(3) Until the end of the second transitional period, if safety deficiencies are identified the European Community may require that the permission for an air carrier licensed by Serbia and Montenegro to operate on air routes to, from or within the European Community be made subject to a specific safety assessment. Such assessment shall be made by the European Community expeditiously in order to avoid any undue delay in the exercise of traffic rights.
Article 5
Aviation security
(1) At the start of the second transitional period the confidential part of the security legislation as provided in Annex I to this Agreement shall be made available to the appropriate authority of Serbia and Montenegro.
(2) Until the end of the second transitional period, if security deficiencies are identified the European Community may require that the permission for an air carrier licensed by Serbia and Montenegro to operate on air routes to, from or within the European Community be made subject to a specific security assessment. Such assessment shall be made by the European Community expeditiously in order to avoid any undue delay in the exercise of traffic rights.
Protocol VII
Transitional arrangements between the European Community and the EC Member States, of one part, and Romania, of the other part
Article 1
Transitional period
(1) The transitional period shall extend from the entry into force of this Agreement until all conditions set out in Article 2 of this Protocol have been fulfilled by Romania as verified by an assessment carried out by the European Community.
(2) References to the „second transitional period” in this Agreement or in its Annexes shall mean in the case of Romania the transitional period under paragraph 1 of this Article.
Article 2
Conditions relating to transition
By the end of the transitional period Romania shall apply this Agreement including all the legislation set out in Annex I to this Agreement.
Article 3
Transitional arrangements
(1) Notwithstanding Article 1(1) of this Agreement, during the transitional period: