Common use of Aviation safety Clause in Contracts

Aviation safety. A.1 List of air carriers subject to an operating ban Israel shall, at the earliest possible, take measures corresponding to those taken by the EU Member States on the basis of the list of air carriers which are subject to an operating ban due to safety reasons. The measures will be taken according to the relevant rules regarding the establishment and publication of a list of air carriers which are subject to an operating ban and the information requirements to air passengers of the identity of the air carrier operating the flights on which they travel, established in the following EU legislation: No 2111/2005 Regulation (EC) No 2111/2005 of the European Parliament and of 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/EC Relevant provisions: Articles 1 to 13, Annex No 473/2006 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 of the Council Relevant provisions: Articles 1 to 6, Annexes A to C No 474/2006 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 as regularly amended by Commission Regulations Relevant provisions: Articles 1 to 3, Annexes A to B In case a measure raises serious concerns for Israel, Israel may suspend its application and shall, without undue delay, refer the matter to the Joint Committee pursuant to Article 22(11)(f) of this Agreement. A.2 Accident/incident investigation and occurrence reporting A.2.1: 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 Relevant provisions: Articles 1-5, 8-18(2), 20-21, 23, Annex A.2.2: No 2003/42 Directive 2003/42/EC of the European Parliament and of the Council of 13 June 2003 on occurrence reporting in civil aviation Relevant provisions: Articles 1-6, 8-9

Aviation safety. A.1 List of air carriers subject to an operating ban Israel shall, at the earliest possible, take measures corresponding to those taken by the EU Member States on the basis No 216/2008 (Basic Regulation) Regulation (EC) No 216/2008 of the list 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, 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 carriers which are subject traffic management and air navigation services and repealing Directive 2006/23/EC, Commission Regulation (EU) No 6/2013 of 8 January 2013 amending Regulation (EC) No 216/2008 of the European Parliament and of 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. applicable requirements and standards: articles 1 to an operating ban due 11, 13 to safety reasons. The measures will 16, 20 to 25, 54, 55, 68 and annexes I to vI. Regulation (EC) No 216/2008 and its implementing rules shall be taken applied to Ukraine according to the relevant following provisions: 1. Ukraine does not delegate to the EaSa any of its safety related functions as envisaged under the Convention and its annexes; 2. Ukraine shall be subject to standardisation inspections conducted by the EaSa under article 54 of Regulation (EC) No 216/2008; 3. the application of article 11 of Regulation (EC) No 216/2008 to certificates issued by Ukraine will be decided by the Joint Committee, according to the provisions of annex III to this agreement; 4. article 11, paragraph 1, of Regulation (EC) No 216/2008 shall not apply to certificates of Ukraine issued in the areas of flight operations and initial and continuing airworthiness (Implementing Regulations (EU) No 965/2012, (EU) No 748/2012 and (EC) No 2042/2003); 5. the European Commission shall enjoy in Ukraine the powers granted to it for decisions pursuant to article 11(2), article 14(5) and (7), article 24(5) and article 25(1) of Regulation (EC) No 216/2008 in the areas where article 11(1) is declared applicable by the Joint Committee; 6. in the field of airworthiness, where no tasks are carried out by the EaSa, Ukraine may issue certificates, licences or approvals in application of an agreement or arrangement concluded by Ukraine with a third country. No 748/2012 Commission Regulation (EU) No 748/2012 of 3 august 2012 laying down implementing rules regarding for the establishment airworthiness and publication 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 (EU) No 7/2013 of 8 January 2013 amending Regulation (EU) No 748/2012 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. applicable requirements and standards: articles 1, 2, 8 to 10 and the annex. 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 list limited duration and annexes I and III, Commission Regulation (EC) No 376/2007 of air carriers which are subject 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 organisations and personnel involved in these tasks, 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 organisations and personnel involved in these tasks, Commission Regulation (EU) No 127/2010 of 5 February 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, Commission Regulation (EU) No 962/2010 of 26 October 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, Commission Regulation (EU) No 1149/2011 of 21 October 2011 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, Commission Regulation (EU) No 593/2012 of 5 July 2012 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 requirements and standards: articles 1 to an operating ban 6, annexes I to Iv. No 996/2010 Regulation (EU) No 996/2010 of the European Parliament and of the Council of 20 October 2010 on investigation and prevention of accidents and incidents in civil aviation and repealing Directive 94/56/EC. applicable requirements and standards: articles 1 to 26, with the exception of articles 7(4) and 24. 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 requirements and standards: 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 requirements to air passengers on civil aviation occurrences exchanged in accordance with Directive 2003/42/EC of the identity European Parliament and of the air carrier operating Council. applicable requirements and standards: articles 1 to 4. No 1330/2007 Commission Regulation (EC) No 1330/2007 of 24 September 2007 laying down implementing rules for the flights dissemination to interested parties of information on which they travelcivil aviation occurrences referred to in article 7(2) of Directive 2003/42/EC of the European Parliament and of the Council. applicable requirements and standards: articles 1 to 10, established in annexes I to II. No 104/2004 Commission Regulation (EC) No 104/2004 of 22 January 2004 laying down rules on the following EU legislationorganisation and composition of the Board of appeal of the European aviation Safety agency. applicable requirements and standards: articles 1 to 7 and the annex. No 628/2013 Commission Implementing Regulation (EU) No 628/2013 of 28 June 2013 on working methods of the European aviation Safety agency for conducting standardisation inspections and for monitoring the application of the rules of Regulation (EC) No 216/2008 of the European Parliament and of the Council and repealing Commission Regulation (EC) No 736/2006. applicable requirements and standards: articles 1 to 27. No 2111/2005 Regulation (EC) No 2111/2005 of the European Parliament and of 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 article 9 of Directive 2004/36/EC Relevant EC. applicable requirements and standards provisions: Articles articles 1 to 13, Annex 13 and the annex. No 473/2006 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 of the Council Relevant Council. applicable requirements and standards provisions: Articles articles 1 to 6, Annexes A annexes a to C C. No 474/2006 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 Council, as regularly last amended by by: Commission Regulations Relevant provisions: Articles 1 to 3, Annexes A to B In case a measure raises serious concerns for Israel, Israel may suspend its application and shall, without undue delay, refer the matter to the Joint Committee pursuant to Article 22(11)(f) of this Agreement. A.2 Accident/incident investigation and occurrence reporting A.2.1: No 996/2010 Implementing Regulation (EU) No 996/2010 659/2013 of 10 July 2013 amending Regulation (EC) No 474/2006 establishing the Community list of air carriers which are subject to an operating ban within the Community. applicable requirements and standards: articles 1 to 3, annexes a to B. No 1178/2011 Commission Regulation (EU) No 1178/2011 of 3 November 2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council Council, as amended by: Commission Regulation (EU) No 290/2012 of 20 October 2010 on the investigation 30 March 2012 amending Regulation (EU) No 1178/2011 laying down technical requirements and prevention of accidents and incidents in administrative procedures related to civil aviation and repealing Directive 94/56/EC Relevant provisions: Articles 1-5, 8-18(2), 20-21, 23, Annex A.2.2: aircrew pursuant to Regulation (EC) No 2003/42 Directive 2003/42/EC 216/2008 of the European Parliament and of the Council Council. applicable requirements and standards: articles 1 to 11, annexes I to vII. No 965/2012 Commission Regulation (EU) No 965/2012 of 13 June 2003 on occurrence reporting in civil aviation Relevant provisions5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council, as amended by: Articles 1-6Commission Regulation (EU) No 800/2013 of 14 august 2013 amending Regulation (EU) No 965/2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council. applicable requirements and standards: articles 1 to 9, 8-9annexes I to vII. No 1332/2011 Commission Regulation (EU) No 1332/2011 of 16 December 2011 laying down common airspace usage requirements and operating procedures for airborne collision avoidance. applicable requirements and standards: articles 1 to 4 and the annex.

Aviation safety. A.1 List of air carriers subject to an operating ban Israel shall, at the earliest possible, take measures corresponding to those taken by the EU Member States on the basis of the list of air carriers which are subject to an operating ban due to safety reasons. The measures will be taken according to the relevant rules regarding the establishment and publication of a list of air carriers which are subject to an operating ban and the information requirements to air passengers of the identity of the air carrier operating the flights on which they travel, established in the following EU legislation: No 2111/2005 Regulation (EC) No 2111/2005 of the European Parliament and of the Council of 14 December 2005 on the establishment estab- lishment 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/EC Relevant provisions: Articles 1 to 13, Annex No 473/2006 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 of the Council Relevant provisions: Articles 1 to 6, Annexes A to C No 474/2006 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 as regularly amended by Commission Regulations Relevant provisions: Articles 1 to 3, Annexes A to B In case a measure raises serious concerns for Israel, Israel may suspend its application and shall, without undue delay, refer the matter to the Joint Committee pursuant to Article 22(11)(f) of this Agreement. A.2 Accident/incident investigation and occurrence reporting A.2.1: 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 Relevant provisions: Articles 1-5, 8-18(2), 20-21, 23, Annex A.2.2: No 2003/42 Directive 2003/42/EC of the European Parliament and of the Council of 13 June 2003 on occurrence reporting in civil aviation Relevant provisions: Articles 1-6, 8-9 BASIC REGULATIONS Section A: B.1: No 549/2004 B. AIR TRAFFIC MANAGEMENT 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) L 208/30 OfficialJournalof the EuropeanUnion 2.8.2013 EN Relevant provisions: Articles 1 (1)-1(3), 2, 4(1)- 4(4), 9-10, 11(1)-(2), 11(3)(b), 11(3)(d), 11(4)-(6), 13 B.2: 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 thesingle European sky (theservice provision Regulation) Relevant provisions: Articles 2(1) to 2(2), 2(4) to 2(6), 4, 7(1)-(2), 7(4)-(5), 7(7), 8(1), 8(3)-(4), 9, 10-11, 12(1)-(4), 18(1)- (2), ▇▇▇▇▇ ▇▇ B.3: 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) Relevant provisions: Articles 1, 3a, 4, 6(1)-(5), 6(7), 7(1), 7(3), 8 B.4: 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) Relevant provisions: Articles 1 to 3, 4 (2), 5 to 6a, 7(1), 8, Annexes I to V Regulations No 549/2004 to 552/2004 amended by Regulation (EC) No 1070/2009 of the European Parliament and of the Council of 21 October 2009 amending Regulations (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 B.5: 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 as amended by 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 Relevant provisions: Articles 3, 8b(1)-(3), 8b(5)-(6), 8c(1)-(10), Annex Vb Section B: B.2: 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 thesingle European sky (theservice provision Regulation) Relevant provisions: Articles 2(3), 7(6), 7(8), 8(2), 8(5), 9a(1) to 9a(5), 13 B.3: 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) Relevant provisions: Article 3, 6(6) Regulations No 549/2004 to 552/2004 amended by Regulation (EC) No 1070/2009 of the European Parliament and of the Council of 21 October 2009 amending Regulations (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 B.5: 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 as amended by 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 Relevant provisions: Articles 8b(4), 8c(10), Annex Vb(4) 2.8.2013 OfficialJournalof the EuropeanUnion L 208/31 EN IMPLEMENTING RULES The following acts will be applicable and relevant unless otherwise specified in Annex VI with respect to the equivalent regulatory requirements and standards relating to the "Basic Regulations": Framework (Regulation (EC) No 549/2004) — 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 service Service provision (Regulation (EC) No 550/2004) — 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 Airspace (Regulation (EC) No 551/2004) — Commission Regulation (EU) No 255/2010 of 25 March 2010 laying down common rules on air traffic flow management — 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 — Commission Regulation (EC) No 2150/2005 of 23 December 2005 laying down common rules for the flexible use of airspace Interoperability (Regulation (EC) No 552/2004) — 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 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) — Commission Regulation (EU) No 73/2010 of 26 January 2010 laying down requirements on the quality of aero- nautical data and aeronautical information for the single European sky — 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 — 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 — 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 — 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 ATM/ANS requirements stemming from Regulation 216/2008 as amended by Regulation 1108/2009 — Commission Regulation (EC) 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 — 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 — 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 EN L 208/32 Official Journal of the European Union 2.8.2013