Common use of LEGISLATIVE ACTS AND OTHER INSTRUMENTS Clause in Contracts

LEGISLATIVE ACTS AND OTHER INSTRUMENTS. Subject: Agreement on Air Transport between the Federative Republic of Brazil, on the one side, and the European Union and its Member States, on the other side 10177/2/11 REV 2 DG C I C ROD/JGC/hc EN AGREEMENT ON AIR TRANSPORT BETWEEN THE FEDERATIVE REPUBLIC OF BRAZIL, ON THE ONE SIDE, AND THE EUROPEAN UNION AND ITS MEMBER STATES, ON THE OTHER SIDE THE FEDERATIVE REPUBLIC OF BRAZIL (hereinafter "Brazil"), on the one side; and 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, being parties to the Treaty on European Union and the Treaty on the Functioning of the European Union (hereinafter referred together as "the Treaties") and being Member States of the European Union (hereinafter "the Member States"), and the EUROPEAN UNION, on the other side; Brazil and the Member States being parties to the Convention on International Civil Aviation done at Chicago, on the 7th day of December, 1944, together with the European Union; DESIRING to promote an aviation system based on competition among air carriers in the marketplace with minimum government interference and regulation; DESIRING to promote their interests in respect of air transportation; RECOGNISING the importance of efficient air transportation in promoting trade, tourism and investment; DESIRING to enhance air services; DESIRING to ensure the highest degree of safety and security in air transportation; DETERMINED to obtain the potential benefits of regulatory cooperation and, to the extent practical, harmonisation of regulations and approaches; ACKNOWLEDGING the important potential benefits that may arise from competitive air services and viable air services industries; DESIRING to xxxxxx a competitive air services environment, recognising that where there is not a level competitive playing field for air carriers, potential benefits may not be realised; DESIRING to make it possible for their air carriers to have a fair and equal opportunity to provide the air services under this Agreement; DESIRING to maximise benefits to passengers, shippers, air carriers and airports and their employees, and others benefiting indirectly; AFFIRMING the importance of protecting the environment in developing and implementing international aviation policy; NOTING the importance of protecting consumers and encouraging an appropriate level of consumer protection associated with air services; NOTING the importance of capital to the aviation industry for the further development of air services; DESIRING to conclude an agreement on air transport, supplementary to the said Convention, HAVE AGREED AS FOLLOWS:

LEGISLATIVE ACTS AND OTHER INSTRUMENTS. Subject: Common Aviation Area Agreement on Air Transport between the Federative Republic of Brazil, on the one side, and the European Union and its Member States, on of the one part, and Ukraine, of the other side 10177/2/11 REV 2 DG C I C RODpart 7746/21 EB/JGCNT/hc sr EN COMMON AVIATION AREA AGREEMENT ON AIR TRANSPORT BETWEEN THE FEDERATIVE REPUBLIC OF BRAZIL, ON THE ONE SIDE, AND THE EUROPEAN UNION AND ITS MEMBER STATES, ON OF THE ONE PART, AND UKRAINE, OF THE OTHER SIDE THE FEDERATIVE REPUBLIC OF BRAZIL (hereinafter "Brazil"), on the one side; and PART EU/UA/en 1 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 REPUBLIC OF CROATIA, THE ITALIAN REPUBLIC, EU/UA/en 2 THE REPUBLIC OF CYPRUS, THE REPUBLIC OF LATVIA, THE REPUBLIC OF LITHUANIA, THE GRAND DUCHY OF LUXEMBOURG, HUNGARY, 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, EU/UA/en 3 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 (hereinafter referred together to as "the EU Treaties") and being Member States of the European Union (hereinafter referred to as the "the EU Member States"), and the THE EUROPEAN UNION, on hereinafter also referred to as "the EU", of the one part, and UKRAINE, of the other sidepart, hereinafter jointly referred to as "the Parties"; Brazil DESIRING to create a common aviation area (CAA) based on mutual market access to the air transport markets of the Parties, with equal conditions of competition and respect for the same rules – including in the areas of safety, security, air traffic management, social harmonisation and the environment; RECOGNISING the integrated character of international civil aviation and the rights and obligations of Ukraine and the EU Member States being parties to stemming from their membership of international aviation organisations, in particular the Convention on International Civil Aviation done at Chicago, on the 7th day of December, 1944, together with Organisation (ICAO) and the European UnionOrganisation for the Safety of Air Navigation, as well as their rights and obligations under international agreements with third parties and international organisations; DESIRING to promote an aviation system based on competition among air carriers deepen relations between the Parties in the marketplace with minimum government interference field of air transport, including in the area of industrial cooperation, and regulationto build upon the framework of the existing system of air services agreements in order to promote economic, cultural and transport links between the Parties; DESIRING to promote their interests in respect facilitate the expansion of air transportationtransport opportunities, including through the development of air transport networks in order to meet the needs of passengers and shippers for convenient air transport services; RECOGNISING the importance of efficient air transportation transport in promoting trade, tourism and investment; NOTING the Convention on International Civil Aviation, opened for signature at Chicago on 7 December 1944; BEARING IN MIND that the Association Agreement between the European Union and the European Atomic Energy Community and their Member States and Ukraine provides that, with a view to assuring a coordinated development of transport between the Parties adapted to their commercial needs, the conditions of mutual market access and provision of services in air transport may be dealt with by specific agreements; DESIRING to enhance make it possible for air servicescarriers to offer passengers and shippers competitive prices and services in open markets; DESIRING to have all sectors of the air transport industry, including air carrier workers, benefit from a liberalised agreement; INTENDING to build upon the framework of existing air transport agreements with the goal of gradually opening access to markets and maximising benefits for the consumers, air carriers, workers and communities of both Parties; AGREEING that it is appropriate to base the CAA rules on the relevant legislation within the European Union, as laid down in Annex I to this Agreement, without prejudice to the EU Treaties and the Constitution of Ukraine; NOTING the intention of Ukraine to incorporate into its aviation legislation the corresponding requirements and standards of the European Union, including with regard to future legislative developments within the EU; DESIRING to ensure the highest degree of safety and security in international air transportationtransport and reaffirming their grave concern with regard to acts or threats against the security of aircraft which jeopardise the safety of persons or property, adversely affect the operation of aircraft and undermine the confidence of the travelling public in the safety of civil aviation; DETERMINED to obtain RECOGNISING the potential benefits of regulatory cooperation and, to the extent practical, harmonisation of regulations and approaches; ACKNOWLEDGING the important potential benefits that may arise both Parties can reap from competitive full compliance with the CAA rules, including the opening of access to markets and the maximisation of benefits for the consumers and the industries of both Parties; RECOGNISING that the creation of the CAA and implementation of its rules cannot be achieved without transitional arrangements and that adequate assistance is important in this perspective; EMPHASISING that air services carriers should be treated in a transparent and viable non-discriminatory manner regarding their access to air services industriestransport infrastructures, especially where these infrastructures are limited, including access to airports; DESIRING to xxxxxx a competitive air services environment, recognising that where there is not ensure a level competitive playing field for air carriers, potential benefits may not be realised; DESIRING to make it possible allowing fair and equal opportunity for their air carriers to have a fair operate the agreed services; RECOGNISING that government subsidies may adversely affect air carrier competition and equal opportunity to provide may jeopardise the air services under basic objectives of this Agreement; DESIRING to maximise benefits to passengers, shippers, air carriers and airports and their employees, and others benefiting indirectly; AFFIRMING the importance of protecting the environment in developing and implementing international aviation policypolicy and recognising the rights of sovereign States to take appropriate measures to this effect; NOTING the importance of protecting consumers and encouraging an appropriate level of consumer protection associated with air services; NOTING consumers, including the importance of capital to protections afforded by the aviation industry Convention for the further development Unification of air servicesCertain Rules for International Carriage by Air, done at Montreal 28 May 1999; DESIRING WELCOMING the ongoing dialogue between the Parties to conclude an agreement on air transportdeepen their relations in other areas, supplementary in particular to facilitate the said Conventionmovement of people, HAVE AGREED AS FOLLOWS:: EU/UA/en 7 TITLE I GENERAL PROVISIONS

LEGISLATIVE ACTS AND OTHER INSTRUMENTS. Subject: Framework Agreement on Air Transport partnership and cooperation between the Federative Republic of Brazil, on the one side, and the European Union and its Member Statesmember states, on of the one part, and the Republic of the Philippines, of the other side 10177/2/11 REV 2 part 15616/10 MN/SC/kp DG C I C ROD/JGC/hc E V LIMITE EN FRAMEWORK AGREEMENT ON AIR TRANSPORT PARTNERSHIP AND COOPERATION BETWEEN THE FEDERATIVE REPUBLIC OF BRAZIL, ON THE ONE SIDE, AND THE EUROPEAN UNION AND ITS MEMBER STATES, ON OF THE ONE PART, AND THE REPUBLIC OF THE PHILIPPINES, OF THE OTHER SIDE PART THE FEDERATIVE REPUBLIC OF BRAZIL (EUROPEAN UNION, hereinafter referred to as "Brazil"), on the one side; Union" and 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, being parties Contracting Parties to the Treaty on European Union and Union, hereinafter referred to as the Treaty on the Functioning "Member States", of the European Union (one part, and THE REPUBLIC OF THE PHILIPPINES, hereinafter referred together to as "the TreatiesPhilippines") and being Member States , of the European Union (hereinafter other part, Hereinafter jointly referred to as "the Member StatesParties"), CONSIDERING the traditional links of friendship between the Parties and the EUROPEAN UNIONclose historical, on the other side; Brazil political and the Member States being parties to the Convention on International Civil Aviation done at Chicago, on the 7th day of December, 1944, together with the European Union; DESIRING to promote an aviation system based on competition among air carriers in the marketplace with minimum government interference and regulation; DESIRING to promote their interests in respect of air transportation; RECOGNISING the importance of efficient air transportation in promoting trade, tourism and investment; DESIRING to enhance air services; DESIRING to ensure the highest degree of safety and security in air transportation; DETERMINED to obtain the potential benefits of regulatory cooperation and, to the extent practical, harmonisation of regulations and approaches; ACKNOWLEDGING the important potential benefits that may arise from competitive air services and viable air services industries; DESIRING to xxxxxx a competitive air services environment, recognising that where there is not a level competitive playing field for air carriers, potential benefits may not be realised; DESIRING to make it possible for their air carriers to have a fair and equal opportunity to provide the air services under this Agreement; DESIRING to maximise benefits to passengers, shippers, air carriers and airports and their employees, and others benefiting indirectly; AFFIRMING the importance of protecting the environment in developing and implementing international aviation policy; NOTING the importance of protecting consumers and encouraging an appropriate level of consumer protection associated with air services; NOTING the importance of capital to the aviation industry for the further development of air services; DESIRING to conclude an agreement on air transport, supplementary to the said Convention, HAVE AGREED AS FOLLOWS:economic ties which unite them,

LEGISLATIVE ACTS AND OTHER INSTRUMENTS. Subject: Investment Protection Agreement on Air Transport between the Federative Republic of Brazil, on the one side, and the European Union and its Member States, on of the one part, and the Republic of Singapore, of the other side 10177/2/11 REV 2 DG C I C RODpart 7980/18 RELEX.1.A JU/JGC/hc sr EN INVESTMENT PROTECTION AGREEMENT ON AIR TRANSPORT BETWEEN THE FEDERATIVE REPUBLIC OF BRAZIL, ON THE ONE SIDE, AND THE EUROPEAN UNION AND ITS MEMBER STATES, ON OF THE ONE PART, AND THE REPUBLIC OF SINGAPORE, OF THE OTHER SIDE PART THE FEDERATIVE REPUBLIC OF BRAZIL EUROPEAN UNION (hereinafter referred to as the "BrazilUnion"), on the one side; and 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 REPUBLIC OF CROATIA 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 LUXEMBOURGLUXEMBURG, HUNGARY, 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, and THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, being parties of the one part, and THE REPUBLIC OF SINGAPORE (hereinafter referred to as "Singapore") of the Treaty other part, hereinafter jointly referred to as the "Parties" or individually referred to as a "Party", RECOGNISING their longstanding and strong partnership based on the common principles and values reflected in the Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Singapore, of the other part, and their important economic, trade and investment relationship including as reflected in the Free Trade Agreement between the European Union and the Treaty on the Functioning Republic of the European Union Singapore (hereinafter referred together to as the "the Treaties") and being Member States of the European Union (hereinafter "the Member StatesEUSFTA"), and the EUROPEAN UNION, on the other side; Brazil and the Member States being parties to the Convention on International Civil Aviation done at Chicago, on the 7th day of December, 1944, together with the European Union; DESIRING to further strengthen their relationship as part of and in a manner coherent with their overall relations, and convinced that this Agreement will create a new climate for further development of investment between the Parties; RECOGNISING that this Agreement will complement and promote an aviation system based on competition among air carriers regional economic integration efforts; DETERMINED to strengthen their economic, trade, and investment relations in accordance with the objective of sustainable development, in its economic, social and environmental dimensions, and to promote investment in a manner mindful of high levels of environmental and labour protection and relevant internationally-recognised standards and agreements to which they are parties; REAFFIRMING their commitment to the principles of sustainable development and transparency as reflected in the marketplace with minimum government interference EUSFTA; REAFFIRMING each Party's right to adopt and regulationenforce measures necessary to pursue legitimate policy objectives such as social, environmental, security, public health and safety, promotion and protection of cultural diversity; DESIRING REAFFIRMING their commitment to promote their interests the Charter of the United Nations signed in respect San Francisco on 26 June 1945 and having regard to the principles articulated in The Universal Declaration of air transportationHuman Rights adopted by the General Assembly of the United Nations on 10 December 1948; RECOGNISING the importance of efficient air transportation transparency in promoting trade, tourism international trade and investment; DESIRING to enhance air services; DESIRING to ensure the highest degree of safety and security in air transportation; DETERMINED to obtain the potential benefits of regulatory cooperation and, investment to the extent practicalbenefit of all stakeholders; BUILDING on their respective rights and obligations under the WTO Agreement and other multilateral, harmonisation of regulations regional and approaches; ACKNOWLEDGING bilateral agreements and arrangements to which they are party, in particular, the important potential benefits that may arise from competitive air services and viable air services industries; DESIRING to xxxxxx a competitive air services environment, recognising that where there is not a level competitive playing field for air carriers, potential benefits may not be realised; DESIRING to make it possible for their air carriers to have a fair and equal opportunity to provide the air services under this Agreement; DESIRING to maximise benefits to passengers, shippers, air carriers and airports and their employees, and others benefiting indirectly; AFFIRMING the importance of protecting the environment in developing and implementing international aviation policy; NOTING the importance of protecting consumers and encouraging an appropriate level of consumer protection associated with air services; NOTING the importance of capital to the aviation industry for the further development of air services; DESIRING to conclude an agreement on air transport, supplementary to the said ConventionEUSFTA, HAVE AGREED AS FOLLOWS:: CHAPTER ONE OBJECTIVE AND GENERAL DEFINITIONS

LEGISLATIVE ACTS AND OTHER INSTRUMENTS. Subject: Investment Protection Agreement on Air Transport between the Federative Republic of Brazil, on the one side, and the European Union and its Member States, on of the one part, and the Socialist Republic of Viet Nam, of the other side 10177/2/11 REV 2 DG C I C RODpart 5932/19 RELEX.1.A JVB/JGCIC/hc sr EN INVESTMENT PROTECTION AGREEMENT ON AIR TRANSPORT BETWEEN THE FEDERATIVE REPUBLIC OF BRAZIL, ON THE ONE SIDE, AND THE EUROPEAN UNION AND ITS MEMBER STATES, ON OF THE ONE PART, AND THE SOCIALIST REPUBLIC OF VIET NAM, OF THE OTHER SIDE PART THE FEDERATIVE REPUBLIC OF BRAZIL (EUROPEAN UNION, hereinafter referred to as the "BrazilUnion"), on the one side; and 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 REPUBLIC OF CROATIA, THE ITALIAN REPUBLIC, THE REPUBLIC OF CYPRUS, THE REPUBLIC OF LATVIA, THE REPUBLIC OF LITHUANIA, THE GRAND DUCHY OF LUXEMBOURGLUXEMBURG, HUNGARY, 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, and THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, being parties of the one part, hereinafter jointly referred to as the Treaty "EU Party", and THE SOCIALIST REPUBLIC OF VIET NAM of the other part, hereinafter referred to as "Viet Nam", hereinafter jointly referred to as the "Parties", RECOGNISING their longstanding and strong partnership based on the common principles and values reflected in the Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and the Socialist Republic of Viet Nam, of the other part, signed in Brussels on 27 June 2012 (hereinafter referred to as the "Partnership and Cooperation Agreement"), and their important economic, trade and investment relationship, including as reflected in the Free Trade Agreement between the European Union and the Treaty Socialist Republic of Viet Nam, signed in Brussels on the Functioning of the European Union dd/mm/yyyy (hereinafter referred together to as the "the Treaties") and being Member States of the European Union (hereinafter "the Member StatesFree Trade Agreement"), and the EUROPEAN UNION, on the other side; Brazil and the Member States being parties to the Convention on International Civil Aviation done at Chicago, on the 7th day of December, 1944, together with the European Union; DESIRING to further strengthen their economic relationship as part of, and in a manner coherent with, their overall relations, and convinced that this Agreement will create a new climate for the development of investment between the Parties; RECOGNISING that this Agreement will complement and promote an aviation system based on competition among air carriers regional economic integration efforts; DETERMINED to strengthen their economic, trade and investment relationship in accordance with the marketplace with minimum government interference objective of sustainable development, in its economic, social and regulationenvironmental dimensions, and to promote investment under this Agreement in a manner mindful of high levels of environmental and labour protection and relevant internationally recognised standards and agreements to which they are party; DESIRING to raise living standards, promote economic growth and stability, create new employment opportunities and improve the general welfare and, to this end, reaffirming their interests commitment to promoting investment; REAFFIRMING their commitments to the principles of sustainable development in respect of air transportationthe Free Trade Agreement; RECOGNISING the importance of efficient air transportation transparency as reflected in promoting trade, tourism and investmenttheir commitments in the Free Trade Agreement; DESIRING to enhance air services; DESIRING to ensure the highest degree of safety and security in air transportation; DETERMINED to obtain the potential benefits of regulatory cooperation and, REAFFIRMING their commitment to the extent practicalCharter of the United Nations, harmonisation done at San Francisco on 26 June 1945, and having regard to the principles articulated in The Universal Declaration of regulations Human Rights, adopted by the General Assembly of the United Nations on 10 December 1948; BUILDING on their respective rights and approaches; ACKNOWLEDGING obligations under the important potential benefits that may arise from competitive air services Marrakesh Agreement establishing the World Trade Organization, done at Marrakesh on 15 April 1994 (hereinafter referred to as the "WTO Agreement") and viable air services industries; DESIRING other multilateral, regional and bilateral agreements and arrangements to xxxxxx a competitive air services environmentwhich they are party, recognising that where there is not a level competitive playing field for air carriersin particular, potential benefits may not be realised; DESIRING to make it possible for their air carriers to have a fair and equal opportunity to provide the air services under this Free Trade Agreement; DESIRING to maximise benefits to passengers, shippers, air carriers and airports and promote the competitiveness of their employees, and others benefiting indirectly; AFFIRMING the importance of protecting the environment in developing and implementing international aviation policy; NOTING the importance of protecting consumers and encouraging an appropriate level of consumer protection associated companies by providing them with air services; NOTING the importance of capital to the aviation industry a predictable legal framework for the further development of air services; DESIRING to conclude an agreement on air transport, supplementary to the said Conventiontheir investment relations, HAVE AGREED AS FOLLOWS:: CHAPTER 1 OBJECTIVES AND GENERAL DEFINITIONS

LEGISLATIVE ACTS AND OTHER INSTRUMENTS. Subject: Economic Partnership Agreement on Air Transport between the Federative Republic of Brazil, on the one side, and the European Union and its Member States, on of the one part, and the SADC EPA States, of the other side 10177/2/11 part 5730/2/16 REV 2 DG C I C RODDGC 1B SHO/JGC/hc kp EN ECONOMIC PARTNERSHIP AGREEMENT ON AIR TRANSPORT BETWEEN THE FEDERATIVE REPUBLIC OF BRAZIL, ON THE ONE SIDE, AND THE EUROPEAN UNION AND ITS MEMBER STATES, ON OF THE ONE PART, AND THE SADC EPA STATES, OF THE OTHER SIDE PART EU/SADC/en 1 PREAMBLE PARTIES TO THE FEDERATIVE REPUBLIC OF BRAZIL (hereinafter "Brazil"), on the one side; and AGREEMENT 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 REPUBLIC OF CROATIA, THE ITALIAN REPUBLIC, EU/SADC/en 2 THE REPUBLIC OF CYPRUS, THE REPUBLIC OF LATVIA, THE REPUBLIC OF LITHUANIA, THE GRAND DUCHY OF LUXEMBOURG, HUNGARY, 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, EU/SADC/en 3 THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, being parties Contracting Parties to the Treaty on European Union and the Treaty on the Functioning functioning of the European Union (Union, hereinafter referred together to as "“the Treaties") and being Member States of the European Union (hereinafter "the Member States"), Union” and the THE EUROPEAN UNION, on of the one part, and THE REPUBLIC OF BOTSWANA, THE KINGDOM OF LESOTHO, THE REPUBLIC OF MOZAMBIQUE, THE REPUBLIC OF NAMIBIA, THE REPUBLIC OF SOUTH AFRICA, and THE KINGDOM OF SWAZILAND hereinafter referred to as the “Southern African Development Community Economic Partnership Agreement States”, of the other sidepart (“the SADC EPA States”), EU/SADC/en 4 CONSIDERING the Parties’ wish to further strengthen their trade links and establish close and lasting relations based on partnership and cooperation; Brazil CONVINCED that this Agreement will further deepen and encourage economic and trade relations between the Member States being parties to the Convention on International Civil Aviation done at Chicago, on the 7th day of December, 1944, together with the European UnionParties; DESIRING to promote an aviation system based on competition among air carriers create new employment opportunities, attract investment and improve living standards in the marketplace with minimum government interference and regulation; DESIRING to promote their interests in respect territories of air transportationthe Parties while promoting sustainable development; RECOGNISING the importance of efficient air transportation in promoting trade, tourism and investment; DESIRING to enhance air services; DESIRING to ensure development finance cooperation for the highest degree implementation of safety and security in air transportation; DETERMINED to obtain the potential benefits of regulatory cooperation and, to the extent practical, harmonisation of regulations and approaches; ACKNOWLEDGING the important potential benefits that may arise from competitive air services and viable air services industries; DESIRING to xxxxxx a competitive air services environment, recognising that where there is not a level competitive playing field for air carriers, potential benefits may not be realised; DESIRING to make it possible for their air carriers to have a fair and equal opportunity to provide the air services under this Agreement; DESIRING RECOGNISING the efforts by the SADC EPA States to maximise benefits ensure economic and social development for their peoples in the context of deepening regional integration in the Southern African Development Community region (“SADC region”); CONFIRMING the Parties’ commitment to passengers, shippers, air carriers promote regional cooperation and airports and their employeeseconomic integration, and others benefiting indirectlyto encourage the liberalisation of trade in the SADC region; AFFIRMING RECOGNISING the special needs and interests of the SADC EPA States and the need to address their diverse levels of economic development, geographic and socio-economic concerns; EU/SADC/en 5 RECOGNISING the special circumstances of Botswana, Lesotho, Namibia and Swaziland (“BLNS States”) in this Agreement and the need to take into account the effects on them of trade liberalisation under the Trade, Development and Cooperation Agreement between South Africa and the European Community and its Member States, signed on 11 October 1999 (“TDCA”); RECOGNISING the special circumstances and needs of the Least Developed Countries (“LDCs”) of the SADC EPA States through the use of special and differential treatment and asymmetry; RECOGNISING the special circumstances of Lesotho as the only LDC in SACU and that the impact of the reduction of the tariff revenue as a result of the TDCA and this Agreement necessitates priority in aid for trade; RECOGNISING the special circumstances of those SADC EPA States emerging from long-term armed conflict, necessitating special and differential treatment and asymmetry; TAKING ACCOUNT of the Parties’ rights and obligations in terms of their membership of the World Trade Organisation (“WTO”), and reaffirming the importance of protecting the environment multilateral trading system; RECALLING the importance attached by the Parties to the principles and rules governing the multilateral trading system and to the need to apply them in developing a transparent and implementing international aviation policynon-discriminatory manner; NOTING EU/SADC/en 6 BEARING IN MIND the Partnership Agreement between the Members of the African, Caribbean and Pacific (“ACP”) Group of States of the one part, and the European Community (“EC”) and its Member States of the other part, signed on 23 June 2000 and revised on 25 June 2005 (“Cotonou Agreement”); CONFIRMING the Parties’ commitment to and support for economic development in the SADC EPA States to attain the Millennium Development Goals (“MDGs”); BEARING IN MIND the TDCA; BEARING IN MIND Parties’ commitment to ensuring that their mutual arrangements support the process of regional integration under the Treaty of the Southern African Development Community, signed on 17 August 1992, as amended (“SADC Treaty”); RECOGNISING the particular case of the Southern African Customs Union (“SACU”) established under the Southern African Customs Union Agreement, 2002, between the Governments of the Republic of Botswana, the Kingdom of Lesotho, the Republic of Namibia, the Republic of South Africa and the Kingdom of Swaziland, signed on 21 October 2002 (“SACU Agreement”); CONFIRMING the Parties’ support and encouragement for the process of trade liberalisation; EMPHASISING the importance of protecting consumers agriculture and encouraging an appropriate level of consumer protection associated with air servicessustainable development in poverty alleviation in the SADC EPA States; NOTING the importance of capital to the aviation industry for the further development of air services; DESIRING HAVE AGREED to conclude an agreement on air transport, supplementary to the said Convention, HAVE AGREED AS FOLLOWS:this Agreement: PART I SUSTAINABLE DEVELOPMENT AND OTHER AREAS OF COOPERATION CHAPTER I GENERAL PROVISIONS

LEGISLATIVE ACTS AND OTHER INSTRUMENTS. Subject: Framework Agreement on Air Transport Partnership and Cooperation between the Federative Republic of Brazil, on the one side, and the European Union and its Member States, on of the one part, and Mongolia, of the other side 10177/2/11 part 7902/1/11 REV 2 1 DG C I C RODDE/JGCCR/hc kst EN FRAMEWORK AGREEMENT ON AIR TRANSPORT PARTNERSHIP AND COOPERATION BETWEEN THE FEDERATIVE REPUBLIC OF BRAZIL, ON THE ONE SIDE, AND THE EUROPEAN UNION AND ITS MEMBER STATES, ON OF THE ONE PART, AND MONGOLIA, OF THE OTHER SIDE PART THE FEDERATIVE REPUBLIC OF BRAZIL (EUROPEAN UNION, hereinafter referred to as "Brazil"), on the one side; Union" and 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, being parties Contracting Parties to the Treaty on the European Union and the Treaty on the Functioning of the European Union (Union, hereinafter referred together to as the "Member States", of the one part, and THE GOVERNMENT OF MONGOLIA, hereinafter referred to as "Mongolia", of the other part, hereinafter jointly referred to as "the TreatiesParties") and being Member States , CONSIDERING the traditional links of friendship between the European Union (hereinafter "the Member States"), Parties and the EUROPEAN UNIONclose historical, on the other side; Brazil political and the Member States being parties to the Convention on International Civil Aviation done at Chicago, on the 7th day of December, 1944, together with the European Union; DESIRING to promote an aviation system based on competition among air carriers in the marketplace with minimum government interference and regulation; DESIRING to promote their interests in respect of air transportation; RECOGNISING the importance of efficient air transportation in promoting trade, tourism and investment; DESIRING to enhance air services; DESIRING to ensure the highest degree of safety and security in air transportation; DETERMINED to obtain the potential benefits of regulatory cooperation and, to the extent practical, harmonisation of regulations and approaches; ACKNOWLEDGING the important potential benefits that may arise from competitive air services and viable air services industries; DESIRING to xxxxxx a competitive air services environment, recognising that where there is not a level competitive playing field for air carriers, potential benefits may not be realised; DESIRING to make it possible for their air carriers to have a fair and equal opportunity to provide the air services under this Agreement; DESIRING to maximise benefits to passengers, shippers, air carriers and airports and their employees, and others benefiting indirectly; AFFIRMING the importance of protecting the environment in developing and implementing international aviation policy; NOTING the importance of protecting consumers and encouraging an appropriate level of consumer protection associated with air services; NOTING the importance of capital to the aviation industry for the further development of air services; DESIRING to conclude an agreement on air transport, supplementary to the said Convention, HAVE AGREED AS FOLLOWS:economic ties which unite them,

LEGISLATIVE ACTS AND OTHER INSTRUMENTS. Subject: Trade Agreement on Air Transport between the Federative Republic of Brazil, on the one side, and the European Union and its Member States, on of the one part, and Colombia and Peru, of the other side 10177/2/11 REV 2 part 14764/11 DG C I C RODDSI/JGC/hc ks EN TRADE AGREEMENT ON AIR TRANSPORT BETWEEN THE FEDERATIVE REPUBLIC OF BRAZIL, ON THE ONE SIDE, AND THE EUROPEAN UNION AND ITS MEMBER STATES, ON OF THE ONE PART, AND COLOMBIA AND PERU, OF THE OTHER SIDE THE FEDERATIVE REPUBLIC OF BRAZIL (hereinafter "Brazil"), on the one side; and 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 LUXEMBOURGLUXEMBURG, 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, being parties Contracting Parties to the Treaty on European Union and the Treaty on the Functioning of the European Union (Union, hereinafter referred together to as the "the Treaties") and being Member States of the European Union Union", and THE EUROPEAN UNION, of the one part, and THE REPUBLIC OF COLOMBIA (hereinafter referred to as "Colombia") and THE REPUBLIC OF PERU (hereinafter referred to as "Peru") hereinafter also referred to as the "signatory Andean Countries" of the other part, CONSIDERING the importance of the historical and cultural links and the special links of friendship and cooperation between the European Union and its Member States and the signatory Andean Countries, and their wish to promote the economic integration between the Parties; DETERMINED to strengthen those links by building on the existing mechanisms that govern relations between the European Union and its Member States and the signatory Andean Countries, in particular the Political Dialogue and Cooperation Agreement between the European Community and its Member States"), on the one part, and the EUROPEAN UNIONAndean Community and its Member Countries, on the other side; Brazil part, signed on 15 December 2003 (hereinafter referred to as the "Political Dialogue and Cooperation Agreement1"), 1 The inclusion of the reference to the 2003 Political Dialogue and Cooperation Agreement shall be maintained provided that such Agreement enters into force before the signature of this Trade Agreement. REAFFIRMING their commitment to the United Nations Charter and the Member States being parties Universal Declaration of Human Rights; CONTRIBUTING to the Convention on International Civil Aviation done at Chicagoharmonious development and expansion of world and regional trade, on the 7th day of December, 1944, together with the European Unionand offering a catalyst for international cooperation; DESIRING to promote an aviation system based comprehensive economic development with the objective of reducing poverty and creating new employment opportunities and improved working conditions, as well as raising living standards in their respective territories by liberalising and expanding trade and investment between their territories; COMMITTED to implementing this Agreement in accordance with the objective of sustainable development, including, the promotion of economic progress, the respect for labour rights and the protection of the environment, in accordance with the international commitments adopted by the Parties; BUILDING on competition their respective rights and obligations under the Marrakesh Agreement Establishing the World Trade Organization (hereinafter referred to as the "WTO Agreement"); DETERMINED to eliminate distortions to their reciprocal trade; and to prevent the creation of unnecessary obstacles to trade; DETERMINED to establish clear and mutually advantageous rules governing their trade and to xxxxxx trade and investment between them, and to promote a regular dialogue among air carriers in the marketplace with minimum government interference and regulationthem on these issues; DESIRING to promote the competitiveness of their interests companies in respect international markets by providing them with a predictable legal framework for their trade and investment relations; CONSIDERING the difference in economic and social development between the signatory Andean Countries and the European Union and its Member States; AFFIRMING their rights to use, to the greatest extent, the flexibilities provided for in the multilateral framework for the protection of air transportationpublic interest; RECOGNISING that the signatory Andean Countries are members of the Andean Community, and that the Decision 598 of the Andean Community requires that when its Member Countries negotiate trade agreements with third countries, the Andean legal system is preserved in the reciprocal relations between the Andean Community Member Countries; RECOGNISING the importance of efficient air transportation in promoting trade, tourism and investment; DESIRING to enhance air services; DESIRING to ensure the highest degree respective regional integration processes of safety and security in air transportation; DETERMINED to obtain the potential benefits of regulatory cooperation and, to the extent practical, harmonisation of regulations and approaches; ACKNOWLEDGING the important potential benefits that may arise from competitive air services and viable air services industries; DESIRING to xxxxxx a competitive air services environment, recognising that where there is not a level competitive playing field for air carriers, potential benefits may not be realised; DESIRING to make it possible for their air carriers to have a fair and equal opportunity to provide the air services under this Agreement; DESIRING to maximise benefits to passengers, shippers, air carriers and airports and their employeesEuropean Union, and others benefiting indirectly; AFFIRMING of the importance signatory Andean Countries within the framework of protecting the environment in developing and implementing international aviation policy; NOTING the importance of protecting consumers and encouraging an appropriate level of consumer protection associated with air services; NOTING the importance of capital to the aviation industry for the further development of air services; DESIRING to conclude an agreement on air transport, supplementary to the said Convention, Andean Community. HAVE AGREED AS FOLLOWS:: TITLE I INITIAL PROVISIONS CHAPTER 1 ESSENTIAL ELEMENTS

LEGISLATIVE ACTS AND OTHER INSTRUMENTS. Subject: Investment Protection Agreement on Air Transport between the Federative Republic of Brazil, on the one side, and the European Union and its Member States, on of the one part, and the Socialist Republic of Viet Nam, of the other side 10177/2/11 REV 2 DG C I C RODpart 5932/19 RELEX.1.A JVB/JGCIC/hc sr EN INVESTMENT PROTECTION AGREEMENT ON AIR TRANSPORT BETWEEN THE FEDERATIVE REPUBLIC OF BRAZIL, ON THE ONE SIDE, AND THE EUROPEAN UNION AND ITS MEMBER STATES, ON OF THE ONE PART, AND THE SOCIALIST REPUBLIC OF VIET NAM, OF THE OTHER SIDE PART EU/VN/IPA/en 1 THE FEDERATIVE REPUBLIC OF BRAZIL (EUROPEAN UNION, hereinafter referred to as the "BrazilUnion"), on the one side; and 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 REPUBLIC OF CROATIA, THE ITALIAN REPUBLIC, THE REPUBLIC OF CYPRUS, EU/VN/IPA/en 2 THE REPUBLIC OF LATVIA, THE REPUBLIC OF LITHUANIA, THE GRAND DUCHY OF LUXEMBOURGLUXEMBURG, HUNGARY, 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, EU/VN/IPA/en 3 THE KINGDOM OF SWEDEN, and THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, being parties of the one part, hereinafter jointly referred to as the Treaty "EU Party", and THE SOCIALIST REPUBLIC OF VIET NAM of the other part, hereinafter referred to as "Viet Nam", hereinafter jointly referred to as the "Parties", RECOGNISING their longstanding and strong partnership based on the common principles and values reflected in the Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and the Socialist Republic of Viet Nam, of the other part, signed in Brussels on 27 June 2012 (hereinafter referred to as the "Partnership and Cooperation Agreement"), and their important economic, trade and investment relationship, including as reflected in the Free Trade Agreement between the European Union and the Treaty Socialist Republic of Viet Nam, signed in Brussels on the Functioning of the European Union dd/mm/yyyy (hereinafter referred together to as the "the Treaties") and being Member States of the European Union (hereinafter "the Member StatesFree Trade Agreement"), and the EUROPEAN UNION, on the other side; Brazil and the Member States being parties to the Convention on International Civil Aviation done at Chicago, on the 7th day of December, 1944, together with the European Union; DESIRING to further strengthen their economic relationship as part of, and in a manner coherent with, their overall relations, and convinced that this Agreement will create a new climate for the development of investment between the Parties; EU/VN/IPA/en 4 RECOGNISING that this Agreement will complement and promote an aviation system based on competition among air carriers regional economic integration efforts; DETERMINED to strengthen their economic, trade and investment relationship in accordance with the marketplace with minimum government interference objective of sustainable development, in its economic, social and regulationenvironmental dimensions, and to promote investment under this Agreement in a manner mindful of high levels of environmental and labour protection and relevant internationally recognised standards and agreements to which they are party; DESIRING to raise living standards, promote economic growth and stability, create new employment opportunities and improve the general welfare and, to this end, reaffirming their interests commitment to promoting investment; REAFFIRMING their commitments to the principles of sustainable development in respect of air transportationthe Free Trade Agreement; RECOGNISING the importance of efficient air transportation transparency as reflected in promoting trade, tourism and investmenttheir commitments in the Free Trade Agreement; DESIRING to enhance air services; DESIRING to ensure the highest degree of safety and security in air transportation; DETERMINED to obtain the potential benefits of regulatory cooperation and, REAFFIRMING their commitment to the extent practicalCharter of the United Nations, harmonisation done at San Francisco on 26 June 1945, and having regard to the principles articulated in The Universal Declaration of regulations Human Rights, adopted by the General Assembly of the United Nations on 10 December 1948; EU/VN/IPA/en 5 BUILDING on their respective rights and approaches; ACKNOWLEDGING obligations under the important potential benefits that may arise from competitive air services Marrakesh Agreement establishing the World Trade Organization, done at Marrakesh on 15 April 1994 (hereinafter referred to as the "WTO Agreement") and viable air services industries; DESIRING other multilateral, regional and bilateral agreements and arrangements to xxxxxx a competitive air services environmentwhich they are party, recognising that where there is not a level competitive playing field for air carriersin particular, potential benefits may not be realised; DESIRING to make it possible for their air carriers to have a fair and equal opportunity to provide the air services under this Free Trade Agreement; DESIRING to maximise benefits to passengers, shippers, air carriers and airports and promote the competitiveness of their employees, and others benefiting indirectly; AFFIRMING the importance of protecting the environment in developing and implementing international aviation policy; NOTING the importance of protecting consumers and encouraging an appropriate level of consumer protection associated companies by providing them with air services; NOTING the importance of capital to the aviation industry a predictable legal framework for the further development of air services; DESIRING to conclude an agreement on air transport, supplementary to the said Conventiontheir investment relations, HAVE AGREED AS FOLLOWS:: EU/VN/IPA/en 6 CHAPTER 1 OBJECTIVES AND GENERAL DEFINITIONS

LEGISLATIVE ACTS AND OTHER INSTRUMENTS. Subject: Partnership Agreement on Air Transport relations and cooperation between the Federative Republic of Brazil, on the one side, and the European Union and its Member States, on of the one part, and New Zealand, of the other side 10177/2/11 REV 2 DG C I C RODpart 9787/16 DGC 1B VP/JGCIC/hc sr EN PARTNERSHIP AGREEMENT ON AIR TRANSPORT RELATIONS AND COOPERATION BETWEEN THE FEDERATIVE REPUBLIC OF BRAZIL, ON THE ONE SIDE, AND THE EUROPEAN UNION AND ITS MEMBER STATES, ON OF THE ONE PART, AND NEW ZEALAND, OF THE OTHER SIDE THE FEDERATIVE REPUBLIC OF BRAZIL (PART The EUROPEAN UNION, hereinafter referred to as "Brazilthe Union"), on the one side; and 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 REPUBLIC OF CROATIA, THE ITALIAN REPUBLIC, THE REPUBLIC OF CYPRUS, THE REPUBLIC OF LATVIA, THE REPUBLIC OF LITHUANIA, THE GRAND DUCHY OF LUXEMBOURG, HUNGARY, 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, being parties Member States of the European Union, hereinafter referred to as the "Member States", of the one part, and NEW ZEALAND, of the other part, hereinafter referred to as "the Parties", CONSIDERING their shared values and close historical, political, economic and cultural ties, WELCOMING the progress made in developing their mutually beneficial relationship since the adoption of the Joint Declaration on Relations and Cooperation between the European Union and New Zealand on 21 September2007, REAFFIRMING their commitment to the purposes and principles of the Charter of the United Nations ("UN Charter") and to strengthening the role of the United Nations ("UN"), REAFFIRMING their commitment to democratic principles and human rights as laid down in the Universal Declaration of Human Rights and other relevant international human rights instruments as well as to the principles of the rule of law and good governance, ACKNOWLEDGING the New Zealand Government's particular commitment to the principles of the Treaty of Waitangi, EMPHASISING the comprehensive nature of their relationship and the importance of providing a coherent framework to promote the development of this relationship, EXPRESSING their common will to elevate their relations into a strengthened partnership, CONFIRMING their desire to intensify and develop their political dialogue and cooperation, DETERMINED to consolidate, deepen and diversify cooperation in areas of mutual interest, at the bilateral, regional and global levels and for their mutual benefit, RECOGNISING the need for enhanced cooperation in the fields of justice, freedom and security, RECOGNISING their desire to promote sustainable development in its economic, social and environmental dimensions, FURTHER RECOGNISING their common interest in promoting mutual understanding and strong people-to-people links, including through tourism, reciprocal arrangements that enable young people to visit other countries and take up work and study options, and other short-term visits, REAFFIRMING their strong commitment to promote economic growth, global economic governance, financial stability and effective multilateralism, REAFFIRMING their commitment to cooperating in promoting international peace and security, BUILDING ON the agreements concluded between the Union and New Zealand, notably in relation to crisis management, science and technology, air services, conformity assessment procedures and sanitary measures, NOTING that in case the Parties decided, within the framework of this Agreement, to enter into specific agreements in the area of freedom, security and justice which were to be concluded by the Union pursuant to Title V of Part Three of the Treaty on the Functioning of the European Union, the provisions of such future agreements would not bind the United Kingdom and/or Ireland unless the Union, simultaneously with the United Kingdom and/or Ireland as regards their respective previous bilateral relations, notifies New Zealand that the United Kingdom and/or Ireland has/have become bound by such agreements as part of the Union in accordance with Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union. Likewise, any subsequent Union (hereinafter referred together as "internal measures which were to be adopted pursuant to the Treaties") and being Member States of above mentioned Title V to implement this Agreement would not bind the European United Kingdom and/or Ireland unless they have notified their wish to take part or accept such measures in accordance with Protocol No 21. Also noting that such future agreements or such subsequent Union (hereinafter "the Member States"), and the EUROPEAN UNION, internal measures would fall within Protocol No 22 on the other side; Brazil and the Member States being parties position of Denmark annexed to the Convention on International Civil Aviation done at Chicago, on the 7th day of December, 1944, together with the European Union; DESIRING to promote an aviation system based on competition among air carriers in the marketplace with minimum government interference and regulation; DESIRING to promote their interests in respect of air transportation; RECOGNISING the importance of efficient air transportation in promoting trade, tourism and investment; DESIRING to enhance air services; DESIRING to ensure the highest degree of safety and security in air transportation; DETERMINED to obtain the potential benefits of regulatory cooperation and, to the extent practical, harmonisation of regulations and approaches; ACKNOWLEDGING the important potential benefits that may arise from competitive air services and viable air services industries; DESIRING to xxxxxx a competitive air services environment, recognising that where there is not a level competitive playing field for air carriers, potential benefits may not be realised; DESIRING to make it possible for their air carriers to have a fair and equal opportunity to provide the air services under this Agreement; DESIRING to maximise benefits to passengers, shippers, air carriers and airports and their employees, and others benefiting indirectly; AFFIRMING the importance of protecting the environment in developing and implementing international aviation policy; NOTING the importance of protecting consumers and encouraging an appropriate level of consumer protection associated with air services; NOTING the importance of capital to the aviation industry for the further development of air services; DESIRING to conclude an agreement on air transport, supplementary to the said Conventionthose Treaties, HAVE AGREED AS FOLLOWS:: TITLE I GENERAL PROVISIONS

LEGISLATIVE ACTS AND OTHER INSTRUMENTS. Subject: Common Aviation Area Agreement on Air Transport between the Federative Republic of Brazil, on the one side, and the European Union and its Member States, on of the one part, and Ukraine, of the other side 10177/2/11 REV 2 DG C I C RODpart 7746/21 TREE.2 EB/JGCNT/hc sr EN COMMON AVIATION AREA AGREEMENT ON AIR TRANSPORT BETWEEN THE FEDERATIVE REPUBLIC OF BRAZIL, ON THE ONE SIDE, AND THE EUROPEAN UNION AND ITS MEMBER STATES, ON OF THE ONE PART, AND UKRAINE, OF THE OTHER SIDE THE FEDERATIVE REPUBLIC OF BRAZIL (hereinafter "Brazil"), on the one side; and 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 REPUBLIC OF CROATIA, THE ITALIAN REPUBLIC, THE REPUBLIC OF CYPRUS, THE REPUBLIC OF LATVIA, THE REPUBLIC OF LITHUANIA, THE GRAND DUCHY OF LUXEMBOURG, HUNGARY, 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, being parties to the Treaty on European Union and the Treaty on the Functioning of the European Union (hereinafter referred together to as "the EU Treaties") and being Member States of the European Union (hereinafter referred to as the "the EU Member States"), and the THE EUROPEAN UNION, on hereinafter also referred to as "the EU", of the one part, and UKRAINE, of the other sidepart, hereinafter jointly referred to as "the Parties"; Brazil DESIRING to create a common aviation area (CAA) based on mutual market access to the air transport markets of the Parties, with equal conditions of competition and respect for the same rules – including in the areas of safety, security, air traffic management, social harmonisation and the environment; RECOGNISING the integrated character of international civil aviation and the rights and obligations of Ukraine and the EU Member States being parties to stemming from their membership of international aviation organisations, in particular the Convention on International Civil Aviation done at Chicago, on the 7th day of December, 1944, together with Organisation (ICAO) and the European UnionOrganisation for the Safety of Air Navigation, as well as their rights and obligations under international agreements with third parties and international organisations; DESIRING to promote an aviation system based on competition among air carriers deepen relations between the Parties in the marketplace with minimum government interference field of air transport, including in the area of industrial cooperation, and regulationto build upon the framework of the existing system of air services agreements in order to promote economic, cultural and transport links between the Parties; DESIRING to promote their interests in respect facilitate the expansion of air transportationtransport opportunities, including through the development of air transport networks in order to meet the needs of passengers and shippers for convenient air transport services; RECOGNISING the importance of efficient air transportation transport in promoting trade, tourism and investment; NOTING the Convention on International Civil Aviation, opened for signature at Chicago on 7 December 1944; BEARING IN MIND that the Association Agreement between the European Union and the European Atomic Energy Community and their Member States and Ukraine provides that, with a view to assuring a coordinated development of transport between the Parties adapted to their commercial needs, the conditions of mutual market access and provision of services in air transport may be dealt with by specific agreements; DESIRING to enhance make it possible for air servicescarriers to offer passengers and shippers competitive prices and services in open markets; DESIRING to have all sectors of the air transport industry, including air carrier workers, benefit from a liberalised agreement; INTENDING to build upon the framework of existing air transport agreements with the goal of gradually opening access to markets and maximising benefits for the consumers, air carriers, workers and communities of both Parties; AGREEING that it is appropriate to base the CAA rules on the relevant legislation within the European Union, as laid down in Annex I to this Agreement, without prejudice to the EU Treaties and the Constitution of Ukraine; NOTING the intention of Ukraine to incorporate into its aviation legislation the corresponding requirements and standards of the European Union, including with regard to future legislative developments within the EU; DESIRING to ensure the highest degree of safety and security in international air transportationtransport and reaffirming their grave concern with regard to acts or threats against the security of aircraft which jeopardise the safety of persons or property, adversely affect the operation of aircraft and undermine the confidence of the travelling public in the safety of civil aviation; DETERMINED to obtain RECOGNISING the potential benefits of regulatory cooperation and, to the extent practical, harmonisation of regulations and approaches; ACKNOWLEDGING the important potential benefits that may arise both Parties can reap from competitive full compliance with the CAA rules, including the opening of access to markets and the maximisation of benefits for the consumers and the industries of both Parties; RECOGNISING that the creation of the CAA and implementation of its rules cannot be achieved without transitional arrangements and that adequate assistance is important in this perspective; EMPHASISING that air services carriers should be treated in a transparent and viable non-discriminatory manner regarding their access to air services industriestransport infrastructures, especially where these infrastructures are limited, including access to airports; DESIRING to xxxxxx a competitive air services environment, recognising that where there is not ensure a level competitive playing field for air carriers, potential benefits may not be realised; DESIRING to make it possible allowing fair and equal opportunity for their air carriers to have a fair operate the agreed services; RECOGNISING that government subsidies may adversely affect air carrier competition and equal opportunity to provide may jeopardise the air services under basic objectives of this Agreement; DESIRING to maximise benefits to passengers, shippers, air carriers and airports and their employees, and others benefiting indirectly; AFFIRMING the importance of protecting the environment in developing and implementing international aviation policypolicy and recognising the rights of sovereign States to take appropriate measures to this effect; NOTING the importance of protecting consumers and encouraging an appropriate level of consumer protection associated with air services; NOTING consumers, including the importance of capital to protections afforded by the aviation industry Convention for the further development Unification of air servicesCertain Rules for International Carriage by Air, done at Montreal 28 May 1999; DESIRING WELCOMING the ongoing dialogue between the Parties to conclude an agreement on air transportdeepen their relations in other areas, supplementary in particular to facilitate the said Conventionmovement of people, HAVE AGREED AS FOLLOWS:: TITLE I GENERAL PROVISIONS

LEGISLATIVE ACTS AND OTHER INSTRUMENTS. Subject: Trade Agreement on Air Transport between the Federative Republic of Brazil, on the one side, and the European Union and its Member States, on of the one part, and Colombia and Peru, of the other side 10177/2/11 part 14764/1/11 REV 2 1 DG C I C RODDSI/JGC/hc ks EN TRADE AGREEMENT ON AIR TRANSPORT BETWEEN THE FEDERATIVE REPUBLIC OF BRAZIL, ON THE ONE SIDE, AND THE EUROPEAN UNION AND ITS MEMBER STATES, ON OF THE ONE PART, AND COLOMBIA AND PERU, OF THE OTHER SIDE THE FEDERATIVE REPUBLIC OF BRAZIL (hereinafter "Brazil"), on the one side; and 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 LUXEMBOURGLUXEMBURG, 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, being parties Contracting Parties to the Treaty on European Union and the Treaty on the Functioning of the European Union (Union, hereinafter referred together to as the "the Treaties") and being Member States of the European Union (hereinafter Union"the Member States"), and the THE EUROPEAN UNION, of the one part, and THE REPUBLIC OF COLOMBIA (hereinafter referred to as "Colombia") and THE REPUBLIC OF PERU (hereinafter referred to as "Peru") hereinafter also referred to as the "signatory Andean Countries" of the other part, CONSIDERING the importance of the historical and cultural links and the special links of friendship and cooperation between the European Union and its Member States and the signatory Andean Countries, and their wish to promote the economic integration between the Parties; DETERMINED to strengthen those links by building on the other side; Brazil existing mechanisms that govern relations between the European Union and its Member States and the Member States being parties signatory Andean Countries; REAFFIRMING their commitment to the Convention on International Civil Aviation done at ChicagoUnited Nations Charter and the Universal Declaration of Human Rights; CONTRIBUTING to the harmonious development and expansion of world and regional trade, on the 7th day of December, 1944, together with the European Unionand offering a catalyst for international cooperation; DESIRING to promote an aviation system based comprehensive economic development with the objective of reducing poverty and creating new employment opportunities and improved working conditions, as well as raising living standards in their respective territories by liberalising and expanding trade and investment between their territories; COMMITTED to implementing this Agreement in accordance with the objective of sustainable development, including, the promotion of economic progress, the respect for labour rights and the protection of the environment, in accordance with the international commitments adopted by the Parties; BUILDING on competition their respective rights and obligations under the Marrakesh Agreement Establishing the World Trade Organization (hereinafter referred to as the "WTO Agreement"); DETERMINED to eliminate distortions to their reciprocal trade; and to prevent the creation of unnecessary obstacles to trade; DETERMINED to establish clear and mutually advantageous rules governing their trade and to xxxxxx trade and investment between them, and to promote a regular dialogue among air carriers in the marketplace with minimum government interference and regulationthem on these issues; DESIRING to promote the competitiveness of their interests companies in respect international markets by providing them with a predictable legal framework for their trade and investment relations; CONSIDERING the difference in economic and social development between the signatory Andean Countries and the European Union and its Member States; AFFIRMING their rights to use, to the greatest extent, the flexibilities provided for in the multilateral framework for the protection of air transportationpublic interest; RECOGNISING that the signatory Andean Countries are members of the Andean Community, and that the Decision 598 of the Andean Community requires that when its Member Countries negotiate trade agreements with third countries, the Andean legal system is preserved in the reciprocal relations between the Andean Community Member Countries; RECOGNISING the importance of efficient air transportation in promoting trade, tourism and investment; DESIRING to enhance air services; DESIRING to ensure the highest degree respective regional integration processes of safety and security in air transportation; DETERMINED to obtain the potential benefits of regulatory cooperation and, to the extent practical, harmonisation of regulations and approaches; ACKNOWLEDGING the important potential benefits that may arise from competitive air services and viable air services industries; DESIRING to xxxxxx a competitive air services environment, recognising that where there is not a level competitive playing field for air carriers, potential benefits may not be realised; DESIRING to make it possible for their air carriers to have a fair and equal opportunity to provide the air services under this Agreement; DESIRING to maximise benefits to passengers, shippers, air carriers and airports and their employeesEuropean Union, and others benefiting indirectly; AFFIRMING of the importance signatory Andean Countries within the framework of protecting the environment in developing and implementing international aviation policy; NOTING the importance of protecting consumers and encouraging an appropriate level of consumer protection associated with air services; NOTING the importance of capital to the aviation industry for the further development of air services; DESIRING to conclude an agreement on air transport, supplementary to the said Convention, Andean Community. HAVE AGREED AS FOLLOWS:: TITLE I INITIAL PROVISIONS CHAPTER 1 ESSENTIAL ELEMENTS