LEGISLATIVE ACTS AND OTHER INSTRUMENTS Subject: Agreement between the European Union and the government of the Republic of Turkey on certain aspects of Air Services 18268/11 DG C I C KSM/kst EN AGREEMENT BETWEEN THE EUROPEAN UNION AND THE GOVERNMENT OF THE REPUBLIC OF TURKEY ON CERTAIN ASPECTS OF AIR SERVICES THE EUROPEAN UNION, (hereinafter "the Union") of the one part, and THE GOVERNMENT OF THE REPUBLIC OF TURKEY (hereinafter "Turkey") of the other part (hereinafter "the Parties"), HAVING REGARD to Council Decision 64/732/EEC of 23 December 1963 on the conclusion of the Agreement establishing an Association between the European Economic Community and Turkey, and Decision 1/95 of the EC-Turkey Association Council of 22 December 1995 on implementing the final phase of the Customs Union, which constitute the legal basis of Turkey's association with the EU, HAVING REGARD to the adoption at the Luxembourg Intergovernmental Conference of 3 October 2005 of the Negotiating Framework and in particular Articles 1, 2 and 6 thereof, HAVING REGARD to Council Decision 2008/157/EC of 18 February 2008 on the principles, priorities and conditions contained in the Accession Partnership with the Republic of Turkey and the 2008 National Programme of Turkey for the Adoption of the EU Acquis in which Turkey accepts and is prepared to implement the full "Acquis" in relation to air transport matters upon accession to the EU, NOTING that, until such accession, this Agreement will open the way towards Turkey's participation in Union civil aviation projects, in particular the Single European Sky, in order to assist Turkey in the adoption of the "Acquis", NOTING that the European Court of Justice has found that certain provisions of bilateral air services agreements concluded between several Member States of the Union and third countries are incompatible with Union law, NOTING that bilateral air services agreements concluded between several Member States of the Union and Turkey contain similar provisions and that there is an obligation on Member States to take all appropriate steps to eliminate incompatibilities between such agreements and Union law, NOTING that the Union has exclusive competence with respect to several aspects that may be included in bilateral air services agreements between Member States of the Union and third countries, NOTING that under Union law Community air carriers established in a Member State have the right to non-discriminatory access to air routes between the Member States of the Union and third countries, HAVING REGARD to the agreements between the Union and certain third countries providing for the possibility for the nationals of such third countries to acquire ownership in air carriers licensed in accordance with Union law, RECOGNISING that consistency between Union law and the provisions of the bilateral air services agreements between Member States of the Union and Turkey will provide a sound legal basis for air services between the Union and Turkey and preserve the continuity of such air services, NOTING that under Union law air carriers may not, in principle, conclude agreements which may affect trade between Member States of the Union and which have as their object or effect the prevention, restriction or distortion of competition, RECOGNISING that provisions in bilateral air services agreements concluded between Member States of the Union and Turkey which i) require or favour the adoption of agreements between undertakings, decisions by associations of undertakings or concerted practices that prevent, distort or restrict competition between air carriers on the relevant routes; or ii) reinforce the effects of any such agreement, decision or concerted practice; or iii) delegate to air carriers or other private economic operators the responsibility for taking measures that prevent, distort or restrict competition between air carriers on the relevant routes may render ineffective the competition rules applicable to undertakings, NOTING that it is not a purpose of the Union, as part of these negotiations, to increase the total volume of air traffic between the Union and Turkey, to affect the balance between Community air carriers and air carriers of Turkey, or to negotiate amendments to the provisions of existing bilateral air services agreements concerning traffic rights, NOTING that nothing in this Agreement shall be deemed to confer on the air carrier of a Designating Member State the privilege of taking advantage of unused frequencies between Turkey and other Member States before the procedures regarding designation have been duly completed between the designating Member State and Turkey, NOTING that the principle of fair and equal opportunity laid down in the relevant bilateral Air Services Agreements for Turkish and Community air carriers will be fully respected, HAVE AGREED AS FOLLOWS:
Assaults An employee who is assaulted while in the performance of assigned duties shall promptly report the assault to the Employer. The Employer shall promptly investigate the incident and render such assistance as necessary under the circumstances, including reporting and cooperating with law enforcement authorities.
Assault Any case of assault upon a teacher which occurs in the line of duty shall promptly be 20 rights and obligations with respect to such assault, and its legal assistance to the teacher in 21 connection with handling of the incident by law enforcement and judicial authorities. In such 22 event, the following shall apply:
Personal Illness and Injury Leave 1. Full-time employees shall be entitled to ten (10) days leave with full-time pay for each school year for purposes of personal illness or injury. Employees who work less than full-time shall be entitled to that portion of the ten (10) days leave as the number of hours per week of scheduled duty relates to the number of hours for a full-time employee in a comparable position.
Vandalism Or Malicious Mischief This peril does not include loss to property on the "residence premises", and any ensuing loss caused by any intentional and wrongful act com- mitted in the course of the vandalism or malicious mischief, if the dwelling has been vacant for more than 60 consecutive days immediately before the loss. A dwelling being constructed is not consid- ered vacant.
Relationship Between Parties Each party will be deemed to represent to the other party on the date on which it enters into a Transaction that (absent a written agreement between the parties that expressly imposes affirmative obligations to the contrary for that Transaction):
ACKNOWLEDGMENT OF RISKS The undersigned recognizes and understands that there are risks associated with their participation in the Activities including, but not limited to, bodily injury or death to persons and damage to property. The undersigned further acknowledges and understands that they will be held liable and responsible for any and all damage to persons, livestock, vehicles, property and/or improvements to property that is caused by them and/or any persons (including, but not limited to, minors) under their care and control, and that arise out of, or are related to, the undersigned’s entry into and participation in the Activities.
Assignment and other dealings (a) The Supplier may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract.
Dealings with Public Servants Contractor has not given, has not offered to give, and does not intend to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with this Contract or any related Solicitation, or related Solicitation Response.
Trespass, vandalism and animals Without prejudice to the other provisions of this contract, each of the parties shall use all reasonable endeavours (including participating in such consultation and joint action as is reasonable in all the circumstances) to reduce:
