Projet de loi adopté par la Chambre des Députés en sa séance publique du 11 février 2025 Le Secrétaire général, Le Président, Laurent Scheeck Claude W

(1)The international air services on the routes specified in accordance with Article 3 of this Agreement may be started at any time, provided that: (

1. a)the Contracting Party to whom the rights specified in Article 3 of this Agreement are granted has designated one or several airlines in writing; and (
2. b)the Contracting Party granting these rights has authorised the designated airline or airlines to initiale the air services.

(2)On receipt of such a désignation the other Contracting Party shall grant the appropriate author- isations and permissions with minimum procédural delay, provided that: (

1. a)in the case of an airline designated by the Government of the Grand Duchy of Luxembourg: (
2. i)the airline is established in the territory of the Grand Duchy of Luxembourg under the Treaty on European Union and the Treaty on the Functioning of the European Union and has a valid Operating Licence in accordance with European Union law; and (
3. ii)effective regulatory control of the airline is exercised and maintained by the European Union Member State responsible for issuing its Air Operator's Certificate and the relevant aeronautical authority is clearly identified in the désignation; and 2 (iii) the airline is owned directly or through majority ownership and effectively controlled by any European Union Member States and/or the Republic of Iceland, the Kingdom of Norway, the Principality of Liechtenstein and the Swiss Confédération and/or national(
4. s)of such States; (
5. b)in the case of an airline designated by the Government of the Hong Kong Spécial Administrative Région: (
6. i)the airline is incorporated in and has its principal place of business in the area of the Hong Kong Spécial Administrative Région and has a valid Air Operator's Certificate in accordance with the applicable law of the Hong Kong Spécial Administrative Région; and (
7. ii)the Hong Kong Spécial Administrative Région has and maintains effective regulatory control of the airline; and (
8. c)the designated airline proves upon request of the other Contracting Party that it is qualified to meet the requirements to be fulfilled for the operation of international air transport under the laws and régulations applicable in the area of that Contracting Party.

(3)Either Contracting Party shall hâve the right to replace, subject to the provisions of paragraphe

(1)and

(2)ofthis Article, an airline it has designated by another airline. The newly designated airline shall hâve the same rights and be subject to the same obligations as the airline which it replaces. Article 5 Refusai, Révocation, Suspension or Limitation of the Operating Authorisation

(1)Either Contracting Party may refuse, revoke, suspend or limit the operating authorisation or technical permissions of an airline designated by the other Contracting Party where: (

1. a)in the case of an airline designated by the Government of the Grand Duchyof Luxembourg: © the airline is not established in the territory of the Grand Duchyof Luxembourg under the Treaty on European Union and the Treaty on the Functioning of the European Union or does not hâve a valid Operating Licence in accordance with European Union law; or (
2. ri)effective regulatory control of the airline is not exercised or not maintained by the European Union Member State responsible for issuing its Air Operator’s Certificate, or the relevant aeronautical authority is not clearly identified in the désignation; or (rii) the airline is not owned directly or through majority ownership and effectively controlled by any European Union Member States and/or the Republic of Iceland, the Kingdom of Norway, the Principality of Liechtenstein and the Swiss Confédération and/or national(
3. s)of such States; or (
4. tv)the airline, by exercising traffic rights under this Agreement for the operation of services that include a point in another European Union Member State, including the operation of services which are marketed as or otherwise constitute through services, the airline would in effect circumvent any restriction on the traffic rights imposed by an agreement between the Hong Kong Spécial Administrative Région and that other European Union Member State; or (
5. v)the airline holds an Air Operator's Certificate issued by another European Union Member State and no bilateral air services agreement is in force between the Hong Kong Spécial Administrative Région and that other European Union Member State, and that European Union Member State has denied traffic rights to the airline(
6. s)designated by the Hong Kong Spécial Administrative Region; (
7. b)in the case of an airline designated by the Government of the Hong Kong Spécial Administrative Région: © the airline is not incorporated in or does not hâve its principal place of business in the area of the Hong Kong Spécial Administrative Région or does not hâve a valid Air 3 Operator’s Certificate in accordance with the applicable law of the Hong Kong Spécial Administrative Région; or (
8. n)the Hong Kong Spécial Administrative Région does not hâve or is not maintaining effective regulatory control of the airline; or (
9. c)the designated airline does not comply with the laws and régulations of the Contracting Party grantingthose rights; or (
10. d)if that airline otherwise fails to operate in accordance with the conditions prescribed under this Agreement.

(2)Such refusai, révocation, suspension or limitation of the authorisation shall be preceded by consultations as provided for in Article 14 of this Agreement, unless an immédiate suspension of operations or immédiate limitations are necessary to avoid further infringements of laws or régulations." If the foregoing proposai is acceptable to the Government of the Grand Duchy of Luxembourg, I hâve the honour to propose that the présent letter and your reply to that effect shall constitute an agreement between our two Govemments, which shall enter into force on the date of the latter of the notifications by the Contracting Parties confirming that their respective necessary procedures hâve been completed. I avail myself of this opportunity to renew to you the assurance of my highest considération. Yours sincerely, (CHAN Fan, Frank) Secretaryfor Transport and Housing * E X C H A N G E OF LETTERS between the Government of the Grand Duchy of Luxembourg and the Government of the Hong Kong Spécial Administrative Région of the People's Republic of China amendingtheAgreementbefweentheGovernmentof the Grand Duchy of Luxembourg and the Government ofthe Hong Kong Spécial Administrative Région ofthe People's Republic of China Concerning Air Services done at Hong Kong on 3 June1998 No. 2 The Minister for Mobility and Public Works of the Government of the Grand Duchy of Luxembourg to the Secretary for Transport and Housing of the Government ofthe Hong Kong Spécial Administrative Région of the People’s Republic of China Ministry of Mobility and Public Works of the Grand Duchy of Luxembourg lOMarch 2021 Dear Secretary, I hâve the honour to acknowledge receipt of your letter dated 4 March 2021 which reads as follows: „Dear Minister, I hâve the honour to refer to the Agreement between the Government of the Hong Kong Spécial Administrative Région of the People’s Republic of China and the Government of the Grand Duchy of Luxembourg Concerning Air Services done at Hong Kong on 3 June 1998 („the Agreement”), and to 4 propose, on behalfof the Government of the Hong Kong Spécial Administrative Région of the People’s Republic of China that the following Articles shall replace Articles 4 and 5 of the Agreement: „Article 4 Désignation and Operating Authorisation

(1)The international air services on the routes specified in accordance with Article 3 of this Agreement may be started at any time, provided that: (

1. a)the Contracting Party to whom the rights specified in Article 3 of this Agreement are granted has designated one or several airlines in writing; and (
2. b)the Contracting Party granting these rights has authorised the designated airline or airlines to initiale the air services.

(2)On receipt of such a désignation the other Contracting Party shall grant the appropriate authorisations and permissions with minimum procédural delay, provided that: (

1. a)in the case of an airline designated by the Government of the Grand Duchy of Luxembourg: (
2. i)the airline is established in the territory of the Grand Duchy of Luxembourg under the Treaty on European Union and the Treaty on the Functioning of the European Union and has a valid Operating Licence in accordance with European Union law; and (
3. ii)effective regulatory control of the airline is exercised and maintained by the European Union Member State responsiblefor issuing itsAir Operator’s Certificate and the relevant aeronautical authority is clearly identified in the désignation; and (iii) the airline is owned directly or through majority ownership and effectively controlled by any European Union Member States and/or the Republic of Iceland, the Kingdom of Norway, the Principality of Liechtenstein and the Swiss Confédération and/or national(
4. s)of such States; (
5. b)in the case of an airline designated by the Government of the Hong Kong Spécial Administrative Région: (
6. i)the airline is incorporated in and has its principal place of business in the area of the Hong Kong Spécial Administrative Région and has a valid Air Operator’s Certificate in accordance with the applicable law of the Hong Kong Spécial Administrative Région; and (
7. ii)the Hong Kong Spécial Administrative Région has and maintains effective regulatory control of the airline; and (
8. c)the designated airline proves upon request of the other Contracting Party that it is qualified to meet the requirements to be fulfilled for the operation of international air transport under the laws and régulations applicable in the area of that Contracting Party.

(3)Either Contracting Party shall hâve the right to replace, subject to the provisions of paragraphs

(1)and

(2)of this Article, an airline it has designated by another airline. The newly designated airline shall hâve the same rights and be subject to the same obligations as the airline which it replaces. Article 5 Refusai, Révocation, Suspension or Limitation of the Operating Authorisation

(1)Either Contracting Party may refuse, revoke, suspend or limit the operating authorisation or technical permissions of an airline designated by the other Contracting Party where: (

1. a)in the case of an airline designated by the Government of the Grand Duchy of Luxembourg: (
2. i)the airline is not established in the territory of the Grand Duchy of Luxembourg under the Treaty on European Union and the Treaty on the Functioning of the K European Union or does not hâve a valid Operating Licence in accordance with European Union law; or (
3. ii)effective regulatory control of the airline is not exercised or not maintained by the European Union Member State responsible for issuing its Air Operator's Certificate, or the relevant aeronautical authority is not clearly identified in the désignation; or (
4. ih)the airline is not owned directly or through majority ownership and effectively controlled by any European Union Member States and/or the Republic of Iceland, the Kingdom of Norway, the Principality of Liechtenstein and the Swiss Confédération and/or nationa l(
5. s)of such States; or (
6. iv)the airline, by exercising traffic rights under this Agreement for the operation of services that include a point in another European Union Member State, including the operation of services which are marketed as or otherwise constitute through services, the airline would in effect circumvent any restriction on the traffic rights imposed by an agreement between the Hong Kong Spécial Administrative Région and that other European Union Member State; or (
7. v)the airline holds an Air Operator's Certificate issued by another European Union Member State and no bilateral air services agreement is in force between the Hong Kong Spécial Administrative Région and that other European Union Member State, and that European Union Member State has denied traffic rights to the airline(
8. s)designated by the Hong Kong Spécial Administrative Région; (
9. b)in the case of an airline designated by the Government of the Hong Kong Spécial Administrative Région: (
10. i)the airline is not incorporated in or does not hâve its principal place of business in the area of the Hong Kong Spécial Administrative Région or does not hâve a valid Air Operator's Certificate in accordance with the applicable law of the Hong Kong Spécial Administrative Région; or (
11. ii)the Hong Kong Spécial Administrative Région does not hâve or is not maintaining effective regulatory control of the airline; or (
12. c)the designated airline does not comply with the laws and régulations of theContracting Party grantingthose rights; or (
13. d)if that airline otherwise fails to operate in accordance with the conditions prescribed under this Agreement.

(2)Such refusai, révocation, suspension or limitation of the authorisation shall be preceded by consultations as provided for in Article 14 of this Agreement, unless an immédiate suspension of operations or immédiate limitations are necessary to avoid further infringements of laws or régulations. 6 If the foregoing proposai is acceptable to the Government of the Grand Duchy of Luxembourg, I hâve the honour to propose that the présent letter and your reply to that effect shall constitute an agreement between our two Govemments, which shall enter into force on the date of the latter of the notifications by the Contracting Parties confirming that their respective necessary procedures hâve been completed.” I hâve the honour to inform you that the above proposai is acceptable to the Government of the Grand Duchy of Luxembourg, and that your letter together with this reply shall constitute an agreement between our two Govemments which shall enter into force on the date of the latter of the notifications by the Contracting Parties confirming that their respective necessary procedures hâve been completed. I avail myself of this opportunity to renew to you the assurance of my highest considération. Yours sincerely. François BAUSCH Minister for Mobility and Public Works Projet de loi adopté par la Chambre des Députés en sa séance publique du 11 février 2025 Le Secrétaire général, Le Président, Laurent Scheeck Claude Wiseler 7