(1): ,,and shall identify whether the airline is authorized to conduct the type of air transportation specified in Annex I, in Annex II, or in both.“ 3.

(3)shall be amended to read as follows: 1152

(3)This article does not limit the rights of either Party to withhold, revoke, limit or impose conditions on the operating authorization or technical permission of an airline or airlines of the other Party in accordance with the provisions of Article 7 (Aviation Security). 4.

(1)and

(2)shall be amended to read as follows:

(1)In accordance with their rights and obligations under international law, the Parties reaffirm that their obligation to each other to protect the security of civil aviation against acts of unlawful interference forms an integral part of this Agreement. Without limiting the generality of their rights and obligations under international law, the Parties shall in particular act in conformity with the provisions of the Convention on Offenses and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on 16 December 1970, and the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 September 1971.

(2)The Parties shall provide upon request ail necessary assistance to each other to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, of their passengers and crew, and of airports and air navigation facilities, and to address any other threat to the security of civil air navigation. in paragraph

(3), change ,,act in conformity with the aviation security provisions“ to read, ,,act in conformity with all aviation security standards and appropriate recommended practices“. In paragraph

(4), the words ,,and their baggage and“ shall be added to the first sentence after the phrase , ,,and to inspect passengers, crew,“ In paragraph

(5), the Word 5,and“ in the fïrst clause of the first sentence shall be changed to ,,or“ SO that it reads: ,,airports or air navigation facilities“. 5.

(4): „ ‚ except as may be specifically provided by the charter regulations of the country in which the charter originates that relate to the protection of passenger funds, and passenger cancellation and refund rights.” In paragraph

(5), the Word ,,distributed“ in the first sentence shall be changed to ,,disbursed” and the following shall be added to the end of the second sentence: ,,on the date the carrier makes the initial application for remittance.“ New paragraphs

(6)and

(7)shall be added to read as follows:

(6)The airlines of each Party shall be permitted to pay for local expenses, including purchases of fuel, in the territory of the other Party in local currency. At their discretion, the airlines of each Party may pay for such expenses in the territory of the other Party in freely convertible currencies according to local currency regulation.

(7)(

1. a)In operating or holding out the authorized services on the agreed routes, provided that all airlines in such arrangements 1) hold the appropriate authority and 2) meet the requirements normally applied to such arrangements, any designated airline of one Party may enter into cooperative marketing arrangements such as blocked-space, code-sharing or leasing arrangements, with
2. i)an airline or airlines of either Party; and
3. ii)an airline or airlines of a third country, provided that such third country authorizes or allows comparable arrangements between the airlines of the other Party and other airlines on services to, from and via such third country. (
4. b)Notwithstanding the proviso of ii above, if an airline of one Party holds out service between a point in the other Party and a point in a third country by means of a code-share arrangement on any segment of that service with an airline of the other Party, the first Party must authorize or allow any airline of the other Party to code share with any airline on any segment of services between that third country and the other Party via a point or points in the first Party. 1153 6.

(2)(b), the Word ,,and“ shall be deleted. The ,,.“ shall be replaced by „ ‚and“ at the end of subparagraph

(2)(c). A new subparagraph

(2)(

1. d)shall be added to read as follows: (
2. d)promotional and advertising materiais introduced into or supplied in the territory of one Party and taken on board, within reasonable limits, for use on outbound aircraft of an airline of the other Party engaged in international air transportation, even when these stores are to be used on a part of the joumey performed over the territory of the contracting Party in which they are taken on board. 7.

(2)shall be amended, and new paragraphs

(3)and

(4)shall be added to read as follows:

(2)User charges imposed on the airlines of the other Party may reflect, but shall not exceed, the full cost to the competent charging authorities or bodies of providing the appropriate airport. airport environmental, air navigation, and aviation security facilities and services at the airport or within the airport system. Such full cost may include a reasonable retum on assets, after depreciation. Facilities and services for which charges are made shall be provided on an efficient and economic basis.

(3)Each Party shall encourage consultations between the competent charging authorities or bodies in its territory and the airlines using the services and facilities, and shall encourage the competent charging authorities or bodies and the airlines to exchange such information as may be necessary to permit an accurate review of the reasonableness of the charges in accordance with the principles of paragraphs

(1)and

(2)of this article. Each Party shall encourage the competent charging authorities to provide users with reasonable notice of any proposa1 for changes in user charges to enable users to express their views before changes are made.

(4)Neither Party shall be held. in dispute resolution procedures pursuant to Article 14, to be in breach of a provision of this article, unless (

1. i)it fails to undertake a review of the charge or practice that is the subject of complaint by the other Party within a reasonable amount of time: or (
2. ii)following such a review it fails to take ail steps within its power to remedy any charge or practice that is inconsistent with this article. 8 .

(2)shall be deleted. and the remaining paragraphs and interna1 references shall be renumbered accordingly. The following shall be added to the beginning of paragraph

(2): ,,Each Party shall allow each designated airline to determine the frequency and capacity of the international air transportation it offers, based upon commercial considerations in the marketplace. Consistent with this right.“ The words „ ‚ programs for charter flights.” shall be added ofter the words „filing of schedules” in the first sentence of paragraph

(4). 9.

(1)(

1. a)shall be amended to read: ,,(
2. a)prevention of unreasonably discriminatory prices or practices;” The words „30 days shall be substituted for „60 days“ in paragraph

(2). The following shall be added to the end of paragraph

(2): ,,Neither Party shall require the notification or filing by airlines of the other Party of prices charged by charterers to the public, except as may be required on a non-discriminatory basis for information purposes.“ The words ,,paragraph

(1)” shall be substituted for ,,paragraph (a)“ in the second sentence of paragraph

(3). 1154 Paragraph

(4)shall be deleted. 10. A new Article 12bis shall be added to the Agreement to read as follows: Article 12bis Intermodal Services Notwithstanding any other provision of this Agreement, airlines and indirect providers of cargo transportation of both Parties shall be permitted, without restriction, to employ in connection with international air transportation any surface transportation for cargo to or from any points in the territories of the Parties or in third countries, including transport to and from all airports with customs facilities, and including, where applicable, the right to transport cargo in bond under applicable laws and regulations. Such cargo, whether moving by surface or by air, shall have access to airport customs processing and facilities. Airlines may elect to perform their own surface transportation or to provide it through arrangements with other surface carriers, including surface transportation operated by other airlines and indirect providers of cargo air transportation. Such intermodal cargo services may be offered at a single, through price for the air and surface transportation combined, provided that shippers are not misled as to the facts concerning such transportation. 11.

(3): ,,The tribunal, once formed, may recommend interim relief measures pending its final determination.“ The words, ,,or as directed by the tribunal” shall be added after ,,Except as otherwise agreed“ in paragraph

(4). The words, ,,to the degree” shall be added before ,,consistent“ and the words ,,of the” shall be added after ,,award“ in paragraph

(7).

1. Article 16 shall be amended to read as follows: ,,If, after entry into force of this Agreement, both Parties become party to a multilateral agreement that addresses matters covered by this Agreement, they shall consult to determine whether this Agreement should be revised to take into account the multilateral agreement.“
2. The Annex to the Agreement shall be retitled as Annexes I, II and III, and shall be amended to read as follows: ANNEX I Scheduled Air Transportation Section 1 - Routes Airlines of each Party designated under this Annex shall, in accordance with the terms of their designation, be entitled to perform scheduled international air transportation between points on the following routes: A. Routes for the airline or airlines designated by the Government of the United States of America: From points behind the United States via the United States and intermediate points to a point or points in Luxembourg and beyond. B. Routes for the airline or airlines designated by the Government of the Grand Duchy of Luxembourg: From points behind Luxembourg via Luxembourg and intermediate points to a point or points in the United States and beyond. Section 2 - Operational Flexibility Each designated airline may, on any or ail flights and at its option:
3. Operate flights in either or both directions;
4. Combine different flight numbers within one aircraft operation; 1155
5. Serve behind, intermediate, and beyond poi nts and points in the territories of the Parties on the routes in any combination and in any order;
6. Omit stops at any point or points;
7. Transfer traffic from any of its aircraft to any of its other aircraft at any point on the routes; and
8. Serve points behind any point in i ts territory with or without change of aircraft or flight number and may hold out and advertise such services to the public as through services; without directional or geographic limitation and without loss of any right to carry traffic otherwise permissible under this agreement, provided that the service serves a point in the territory of the Party designating the airline. Section 3 - Change of Gauge On any segment or segments of the routes above, any designated airline may perform international air transportation without any limitation as to change, at any point on the route, in type or number of aircraft operated: provided that, in the outbound direction, the transportation beyond such point is a continuation of the transportation from the territory of the Party that has designated the airline and. in the inbound direction, the transportation to the territory of the Party that has designated the airline is a continuation of the transportation from beyond such point. ANNEX II Charter Air Transportation Section 1 The designated airlines of each Party shall have the right to carry international charter traffic in passengers (and their accompanying baggage) and/or cargo between any point or points in one Party via intermediate points to any point or points in the other Party and beyond, provided that the service must serve a point in the territory of the Party designating the airline. In the performance of services covered by this Article, the airlines of one Party shall also have the right:

(1)to make stopovers at any points whether within or outside the territory of either Party;

(2)to carry traffic through the other Party’s territory;

(3)to combine on the same aircraft traffic originating in one Party’s territory with traffic originating in the other Party’s territory;

(4)to combine on the same aircraft traffic originating at or destined for a point or points behind a point in its territory with U.S.-Luxembourg traffic; and

(5)to combine on the same aircraft traffic originating at or destined for an intermediate point or points, or traffic originating at or destined for a point or points beyond . the territory of either Party with U.S.-Luxembourg traffic. Each Party shall extend favorable consideration to applications by the designated airlines of the other Party to carry traffic not covered by this Annex on the basis of comity and reciprocity. Section 2 Any airline designated by either Party performing international charter air transportation originating in the territory of either Party, whether on a one-way or round-trip basis, shall have the option of complying with the charter laws, regulations, and rules either of its homeland or of the other Party. If a Party applies different rules, regulations, terms, conditions, or limitations to one or more of its airlines, or to airlines of different countries, each designated airline shall be subject to the least restrictive of such criteria. However, nothing contained in the above paragraph shall limit the rights of either Party to require airlines designated under this Annex by either Party to adhere to requirements relating to the protection of passenger funds and passenger cancellation and refund rights. Section 3 Except with respect to the consumer protection rules referred to in the preceding paragraph above, neither Party shall require an airline designated under this annex by the other Party, in respect of the carriage of traffic from the territory of that other Party or of a third country on a one-way or round-trip basis, to submit more than a declaration of conformity with the applicable laws, regulations and rules referred to under Section 2 of this Annex or of a waiver of these laws, regulations, or rules granted by the applicable aeronautical authorities. * 1156 ANNEX III Principles of Non-Discrimination within and Competition among Computer Reservations Systems Recognizing that Article 11 (Fair Competition) of the U.S.-Luxembourg Agreement guarantees the airlines of both Parties ,,a fair and equal opportunity to compete“, Considering that one of the most important aspects of the ability of an airline to compete is its ability to inform the public of its services in a fair and impartial manner, and that, therefore, the quality of information about airline services available to travel agents who directly distribute such information to the traveling public and the ability of an airline to offer those agents competitive computer reservations systems (CRSs) represent the foundation for an airline’s competitive opportunities, and Considering that it is equally necessary to ensure that the interests of the consumers of air transport products are protected from any misuse of such information and its misleading presentation and that airlines and travel agents have access to effectively competitive computer reservations systems:

1. The Parties agree that CRSs shall have integrated primary displays for which: a. Information regarding internationa1 air services, including the construction of connections on those services, shall be edited and displayed based on non-discriminatory and objective criteria that are not influenced, directly or indirectly, by airline or market identity. Such criteria shall apply uniformly to all participating airlines. b. CRS data bases shall be as comprehensive as possible. c. CRS vendors shall not delete information submitted by participating airlines; such information shall be accurate and transparent; for example, code-shared and change-of-gauge flights and flights with stops should be clearly identified as having those characteristics. d. All CRSs that are available to travel agents who directly distribute information about airline services to the traveling public in either Party’s territory shall not only be obligated to, but shall also be entitled to, operate in conformance with the CRS rules that apply in the territory where the CRS is being operated. e. Travel agents shall be allowed to use any of the secondary displays available through the CRS so long as the travel agent makes a specific request for that display
2. A Party shall require that each CRS vendor operating in its territory allow all airlines willing to pay any applicable non-discriminatory fee to participate in its CRS. A Party shall require that all distribution facilities that a system vendor provides shall be offered on a non-discriminatory. basis to participating airlines. A Party shall require that CRS vendors display, on a non-discriminatory. objective, carrier-neutral and market-neutral basis, the international air services of participating airlines in all markets in which they wish to sell those services. Upon request, a CRS vendor shall disclose details of its data base update and storage procedures, its criteria for editing and ranking information, the weight given to such criteria, and the criteria used for selection of connect points and inclusion of connecting flights
3. CRS vendors operating in the territory of one Party shall be entitled to bring in, maintain, and make freely available their CRSs to travel agencies or travel companies whose principal business is the distribution of travel-related products in the territory of the other Party, if the CRS complies with these principles.
4. Neither Party shall, in its territory, impose or permit to be imposed on the CRS vendors of the other Party more stringent requirements with respect to access to and use of communication facililies, selection and use of technical CRS hardware and software, and the technical installation of CRS hardware, than those imposed on its own CRS vendors.
5. Neither Party shall, in its territory, impose or permit to be imposed on the CRS vendors of the other Party more restrictive requirements with respect to CRS displays (including edit and display parameters), operation, or sale than those imposed on its own CRS vendors.
6. CRSs in use in the territory of one Party that comply with these principles and other relevant non-discriminatory regulatory, technical, and security standards shall be entitled to effective and unimpaired access in the territory of the other Party. One aspect of this is that a designated airline shall participate in such a system as fully in its homeland territory as it does in any system offered to travd agents in the territory of the other Party. Owners/operators of CRSs of one Party shall have the same opportunity to own/operate CRSs that conform to these principles within the territory of the other Party as do owners/operators of that Party. Each Party shall ensure that its airlines and its CRS vendors do not discriminate against travel agents in their homeland territory because of their use or possession of a CRS also operated in the territory of the other Party. 1157 In addition, I have the honor to propose that the competent authorities of the United States of America and the Grand Duchy of Luxembourg shall permit operations in accordance with the terms of this Amendment effective from the date of Your Excellency’s favorable note in reply. If these proposals are acceptable to the Government of the Grand Duchy of Luxembourg, I have the honor to propose that this note and Your Excellency’s note in reply shall constitute an agreement between our two governements. which shall enter into force on a date to be determined in a subsequent exchange of diplomatic notes indicating that all necessary interna1 procedures bave been completed by the Parties. Accept. Excellency. the renewed assurances of my highest consideration. (si gnature) The Honorable Warren Christopher Secretary of State United States Department of State Dear Mr. Secretary: I have the honor to present my compliments and to acknowledge receipt of your note dated June 6 by which you refer to discussions held by representatives of our two govemments in Washington March 9 and
7. 1995 concerning the Air Transport Services Agreement between the Government of the United States of America and the Government of the Grand Duchy of Luxembourg of August 19, 1986 (hereinafter the Agreement). I have the pleasure to inform you that the Government of the Grand Duchy of Luxembourg is in agreement with your proposa1 to have the Agreement amended as follows: 1.

(1): „and shall identify whether the airline is authorized to conduct the type of air transportation specified in Annex I. in Annex II, or in both.” 3.

(3)shall be amended to read as follows:

(3)This article does not limit the rights of either Party to withhold, revoke, limit or impose conditions on the operating authorization or technical permission of an airline or airlines of the other Party in accordance with the provisions of Article 7 (Aviation Security). Paragraph (C) shall be deleted. and all remaining paragraphs shall be redesignated numerically. Paragraphs

(1)and

(2)shall be amended to read as follows:

(1)In accordance with their rights and obligations under international law, the Parties reaffirm that their obligation to each other to protect the security of civil aviation against acts of unlawful interference forms an integral part of this Agreement. Without limiting the generality of their rights and obligations under international law, the Parties shall in particular act in conformity with the provisions of the Convention on Offenses and Certain Other Acts Committed on Board Aircraft. signed at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of 1158 Aircraft, signed at The Hague on 16 December 1970, and the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 September 1971.

(2)The Parties shall provide upon request all necessary assistance to each other to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, of their passengers and crew, and of air-ports and air navigation facilities. and to address any other threat to the security of civil air navigation. In paragraph

(3). change ,,act in conformity with the aviation security provisions” to read. „act in conformity with all aviation security standards and appropriate recommended practices”. In paragraph

(4). the words „and their baggage and“ shall be added to the first sentence after the phrase , „and to inspect passengers. crew,“. In paragraph

(5), the word ,,and“ in the first clause of the first sentence shall be changed to „or“ so that it reads: „airports or air navigation facilities”. 5.

(4).. „ ‚ except as may be specifically provided by the charter regulations of the country in which the charter originates that relate to the protection of passenger funds, and passenger cancellation and refund rights.” In paragraph

(5), the word ,,distributed“ in the first sentence shall be changed to ,,disbursed“ and the following shall be added to the end of the second sentente: ,,on the date the carrier makes the initial application for remittance.“ New paragraphs

(6)and

(7)shall be added to read as follows:

(6)The airlines of each Party shall be permitted to pay for local expenses, including purchases of fuel, in the territory of the other Party in local currency. At their discretion, the airlines of each Party may pay for such expenses in the territory of the other Party in freely convertible currencies according to local currency regulation.

(7)(

1. a)In operating or holding out the authorized services on the agreed routes, provided that all airlines in such arrangements 1) hold the appropriate authority and 2) meet the requirements normally applied to such arrangements. any designated airline of one Party may enter into cooperative marketing arrangements such as blocked-space, code-sharing or leasing arrangements, with
2. i)an airline or airlines of either Party; and
3. ii)an airline or airlines of a third country, provided that such third country authorizes or allows comparable arrangements between the airlines of the other Party and other airlines on services to, from and via such third country. (
4. b)Notwithstanding the proviso of ii above, if an airline of one Party holds out service between a point in the other Party and a point in a third country by means of a code-share arrangement on any segment of that service with an airline of the other Party, the first Party must authorize or allow any airline of the other Party to code share with any airline on any segment of services between that third country and the other Party via a point or points in the first Party. 6.

(2)(b), the word ,,and“ shall be deleted. The ,,.“ shall be replaced by „; and“ at the end of subparagraph

(2)(c). A new subparagraph

(2)(

1. d)shall be added to read as follows: (
2. d)promotional and advertising materials introduced into or supplied in the territory of one Party and taken on board, within reasonable limits, for use on outbound aircraft of an airline of the other Party engaged in international air transportation, even when these stores are to be used on a part of the journey performed over the territory of the contracting Party in which they are taken on board. 7.

(1), the words ,,and non-discriminatory“ shall be deleted and the following shall be added: 1159 ,,not unjustly discriminatory, and equitably apportioned among categories of users. In any event, any such user charges shall be assessed on the airlines of the other Party on terms not less favorable than the most favorable terms available to any other airline at the time the charges are assessed.“ Paragraph

(2)shall be amended, and new paragraphs

(3)and

(4)shall be added to read as follows:

(2)User charges imposed on the airlines of the other Party may reflect, but shall not exceed, the full cost to the competent charging authorities or bodies of providing the appropriate airport. airport environmental, air navigation, and aviation security facilities and services at the airport or within the airport system. Such full cost may include a reasonable retum on assets, after depreciation. Facilities and services for which charges are made shall be provided on an effïcient and economic basis.

(3)Each Party shall encourage consultations between the competent charging authorities or bodies in its territory and the airlines using the services and facilities, and shall encourage the competent charging authorities or bodies and the airlines to exchange such information as may be necessary to permit an accurate review of the reasonableness of the charges in accordance with the principles of paragraphs

(1)and

(2)of this article. Each Party shall encourage the competent charging authorities to provide users with reasonable notice of any proposa1 for changes in user charges to enable users to express their views before changes are made.

(4)Neither Party shall be held, in dispute resolution procedures pursuant to Article 14, to be in breach of a provision of this article, unless (

1. i)it fails to undertake a review of the charge or practice that is the subject of complaint by the other Party within a reasonable amount of time; or (
2. ii)following such a review it fails to take all steps within its power to remedy any charge or practice that is inconsistent with this article. 8.

(2)shall be deleted, and the remaining paragraphs and interna1 references shall be renumbered accordingly. The following shall be added to the beginning of paragraph

(2): ,,Each Party shall allow each designated airline to determine the frequency and capacity of the international air transportation it offers, based upon commercial considerations in the marketplace. Consistent with this right,“ The words ,, , programs for charter flights,” shall be the first sentence of paragraph

(4). after the words ,,filing of schedules“ in 9.

(1)(

1. a)shall be amended to read: ,,(
2. a)prevention of unreasonably discriminatory prices or practices;” The words ,,30 days“ shall be substituted for ,,60 days“ in paragraph

(2). The following shah be added to the end of paragraph

(2): .,Neither Party shall require the notification or filing by airlines of the other Party of prices charged by charterers to the public, except as may be required on a non-discriminatory basis for information purposes.“ The words „paragraph paragraph

(3). shall be substituted for ,,paragraph (a)“ in the second sentence of Paragraph

(4)shall be deleted. 10. A new Article 12bis shall be added to the Agreement to read as follows: Article 12bis Intermodal Services Notwithstanding any other provision of this Agreement, airlines and indirect providers of cargo transportation of both Parties shall be permitted, without restriction, to employ in connection with international air transportation any surface transportation for cargo to or from any points in the territories of the Parties or in third countries, including transport to and from all airports with customs facilities, and including, where applicable, the right to transport cargo in bond under applicable laws 1160 and regulations. Such cargo, whether moving by surface or by air, shall have access to airport customs processing and facilities. Airlines may elect to perform their own surface transportation or to provide it through arrangements with other surface carriers, including surface transportation operated by other airlines and indirect providers of cargo air transportation. Such intermodal cargo services may be offered at a single, through price for the air and surface transportation combined, provided that shippers are not misled as to the facts conceming such transportation. 11.

(3): ,,The tribunal, once formed, may recommend interim relief measures pending its final determination.“ The words, „or as directed by the tribunal“ shall be added after ,,Except as otherwise agreed“ in paragraph

(4). The words, ,,to the degree“ shall be added before ,,consistent“ and the words ,,of the“ shall be added after ,,award“ in paragraph

(7).

1. Article 16 shall be amended to read as follows: „If, after entry into force of this Agreement, both Parties become party to a multilateral agreement that addresses matters covered by this Agreement, they shall consult to determine whether this Agreement should be revised to take into account the multilateral agreement.”
2. The Annex to the Agrement shall be retitled as Annexes I, II, and III, and shall be amended to read as follows: ANNEX I Scheduled Air Transportation Section 1 - Routes Airlines of each Party designated under this Annex shall, in accordance with the terms of their designation, be entitled to perform scheduled international air transportation between points on the following routes: A. Routes for the airline or airlines designated by the Government of the United States of America: From points behind the United States via the United States and intermediate points to a point or points in Luxembourg and beyond. B. Routes for the airline or airlines designated by the Government of the Grand Duchy of Luxembourg: From points behind Luxembourg via Luxembourg and intermediate points to a point or points in the United States and beyond. Section 2 - Operational Flexibility Each designated airline may, on any or all flights and at its option:
3. Operate flights in either or both directions:
4. Combine different flight numbers within one aircraft operation;
5. Serve behind, intermediate, and beyond points and points in the territories of the Parties on the routes in any combination and in any order;
6. Omit stops at any point or points;
7. Transfer traffic from any of its aircraft to any of its other aircraft at any point on the routes: and
8. Serve points behind any point in its territory with or without change of aircraft or flight number and may hold out and advertise such services to the public as through services: without directional or geographic limitation and without loss of any right to carry traffic otherwise permissible under this agreement, provided that the service serves a point in the territory of the Party designating the airline. 1141 Section 3 - Change of Gauge On any segment or segments of the routes above, any designated airline may perform international air transportation without any limitation as to change, at any point on the route, in type or number of aircraft operated; provided that, in the outbound direction, the transportation beyond such point is a continuation of the transportation from the territory of the Party that has designated the airline and, in the inbound direction, the transportation to the territory of the Party that has designated the airline is a continuation of the transportation from beyond such point. * ANNEX II Charter Air Transportation Section 1 The designated airlines of each Party shall have the right to carry international charter traffic in passengers (and their accompanying baggage) and/or cargo between any point or points in one Party via intermediate points to any point or points in the other Party and beyond, provided that the service must serve a point in the territory of the Party designating the airline. In the performance of services covered by this Article, the airlines of one Party shall also have the right:

(1)to make stopovers at any points whether within or outside the territory of either Party;

(2)to carry traffic through the other Party’s territory;

(3)to combine on the same aircraft traffic originating in one Party’s territory with traffic originating in the other Party’s territory;

(4)to combine on the same aircraft traffic originating at or destined for a point or points behind a point in its territory with U.S.-Luxembourg traffic; and

(5)to combine on the same aircraft traffic originating at or destined for an intermediate point or points, or traffic originating at or destined for a point or points beyond the territory of either Party with U.S.-Luxembourg traffic. Each Party shall extend favorable consideration to applications by the designated airlines of the other Party to carry traffic not covered by this Annex on the Basis of comity and reciprocity. Section 2 Any airline designated by either Party performing international charter air transportation originating in the territory of either Party, whether on a one-way or round-trip basis, shall have the option of complying with the charter laws, regulations, and rules either of its homeland or of the other Party. If a Party applies different rules, regulations, terms, conditions, or limitations to one or more of its airlines, or to airlines of different countries, each designated airline shall be subject to the least restrictive of such criteria. However, nothing contained in the above paragraph shall limit the rights of either Party to require airlines designated under this Annex by either Party to adhere to requirements relating to the protection of passenger funds and passenger cancellation and refund rights. Section 3 Except with respect to the consumer protection rules referred to in the preceding paragraph above, neither Party shall require an airline designated under this annex by the other Party, in respect of the carriage of traffic from the territory of that other Party or of a third country on a one-way or round-trip basis, to submit more than a declaration of conformity with the applicable laws, regulations and rules referred to under Section 2 of this Annex or of a waiver of these laws, regulations, or rules granted by the applicable aeronautical authorities. ANNEX III Principles of Non-Discrimination within and Competition among Computer Reservations Systems Recognizing that Article 11 (Fair Competition) of the U.S.-Luxembourg Agreement guarantees the airlines of both Parties „ a fair and equal opportunity to compete“, 1162 Considering that one of the most important aspects of the ability of an airline to compete is its ability to inform the public of its services in a fair and impartial manner, and that, therefore, the quality of information about airline services available to travel agents who directly distribute such information to the traveling public and the ability of an airline to offer those agents competitive computer reservations systems (CRSs) represent the foundation for an airline’s competitive opportunities, and Considering that it is equally necessary to ensure that the interests of the consumers of air transport products are protected from any misuse of such information and its misleading presentation and that airlines and travel agents have access to effectively competitive computer reservations systems:

1. The Parties agree that CRSs shall have integrated primary displays for which: a. Information regarding international air services, including the construction of connections on those services, shall be edited and displayed based on non-discriminatory and objective criteria that are not influenced, directly or indirectly, by airline or market identity. Such criteria shall apply uniformly to all participating airlines. b. CRS data bases shall be as comprehensive as possible. c. CRS vendors shall not delete information submitted by participating airlines; such information shall be accurate and transparent; for example, code-shared and change-of-gauge flights and flights with stops should be clearly identified as having those characteristics. d. All CRSs that are available to travel agents who directly distibute information about airline services to the traveling public in either Party’s territory shall not only be obliged to, but shall also be entitled to, operate in conformance with the CRS rules that apply in the territory where the CRS is being operated. e. Travel agents shall be allowed to use any of the secondary displays available through the CRS SO long as the travel agent makes a specific request for that display.
2. A Party shall require that each CRS vendor operating in its territory allow all airlines willing to pay any applicable non-discriminatory fee to participate in its CRS. A Party shall require that all distribution facilities that a system vendor provides shall be offered on a non-discriminatory basis to participating airlines. A Party shall require that CRS vendors display, on a non-discriminatory, objective, carrier-neutral and market-neutral basis, the international air services of participating airlines in all markets in which they wish to sell those services. Upon request, a CRS vendor shall disclose details of its data base update and storage procedures, its criteria for editing and ranking information, the weight given to such criteria, and the criteria used for selection of connect points and inclusion of connecting flights.
3. CRS vendors operating in the territory of one Party shall be entitled to bring in, maintain, and make freely available their CRSs to travel agencies or travel companies whose principal business is the distribution of travel-related products in the territory of the other Party, if the CRS complies with these principles.
4. Neither Party shall, in its territory, impose or permit to be imposed on the CRS vendors of the other Party more stringent requirements with respect to access to and use of communication facilities, selection and use of technical CRS hardware and software, and the technical installation of CRS hardware, than those imposed on its own CRS vendors.
5. Neither Party shall, in its territory, impose or permit to be imposed on the CRS vendors of the other Party more restrictive requirements with respect to CRS displays (including edit and display parameters), operation, or sale than those imposed. on its own CRS vendors.
6. CRSs in use in the territory of one Party that comply with these principles and other relevant non-discriminatory regulatory, technical, and security standards shall be entitled to effective and unimpaired access in the territory of the other Party. One aspect of this is that a designated airline shall participate in such a system as fully in its homeland territory as it does in any system offered to travel agents in the territory of the other Party. Owners/operators of CRSs of one Party shall have the same opportunity to own/operate CRSs that conform to these principles within the territory of the other Party as do owners/operators of that Party. Each Party shall ensure that its airlines and its CRS vendors do not discriminate against travel agents in their homeland territory because of their use or possession of a CRS also operated in the territory of the other Party. In addition, I have the honor to inform you that the Luxembourg Government is in agreement with your proposa1 that the competent authorities of the United States of America and the Grand Duchy of Luxembourg shall permit operations in accordance with the terms of this Amendment effective from the date of our present note in reply. This exchange of notes between the Government of the United States of America and the Government of the Grand Duchy of Luxembourg Will constitue an agreement between our two governments, which 1163 shall enter into force on a date to be determined in a subsequent exchangeof diplom atic notes indicating that a11 necessary interna1 procedures have been completed by the Parties. Accept, Dear Mr. Secretary, the renewed assurances of my highest consideration. Washington, DC, June 6, 1995 Alphonse BERNS Ambassador * - Convention de Vienne sur les relations diplomatiques, faite à Vienne, le 18 avril
7. - Adhésion de I’Erythrée. Convention de Vienne sur les relations consulaires, faite à Vienne, le 24 avril
8. -Adhésion du Myanmar et de I’Erythrée. II résulte d’une notification du Secrétaire Général de l’Organisation des Nations Unies qu’en date du 14 janvier 1997 I’Erythrée a adhéré aux Conventions désignées ci-dessus, qui sont entrées en vigueur à l’égard de cet Etat le 13 février
9. Le 2 janvier 1997 le Myanmar a adhéré à la Convention de Vienne sur les relations consulaires, qui est entrée en vigueur à l’égard de cet Etat le 1er février
10. Traité sur la non-prolifération des armes nu cléaires, signé à Londres, Moscou et Washington, le 1 juillet 1
11. - Ad hésion d u Sultanat d’Oman. er II résulte d’une notification du Gouvernement des Etats-Unis d’Amérique qu’en date du 23 janvier 1997 le Sultanat d’Oman a adhéré à l’Acte désigné ci-dessus. Convention sur les substances psychotropes, conclue à Vienne, le 21
12. - Adhésion de l’Indonésie. II résulte d’une notification du Secrétaire Général de l’Organisation des Nations Unies qu’en date du 19 décembre 1996 l’Indonésie a adhéré à la Convention désignée ci-dessus, qui est entrée en vigueur à l’égard de cet Etat le 19 mars
13. Lors du dépôt de son instrument d’adhésion, l’Indonésie a fait la réserve suivante: «La République d’Indonésie, tout en adhérant à la Convention sur les substances psychotropes de 1971, ne se considère par liée par les dispositions de l’article 31, paragraphe 2, et déclare que les différends concernant l’interprétation et l’application de la Convention qui n’auront pas été réglés par les voies prévues au paragraphe 1 dudit article ne pourront être portés devant la Cour internationale de Justice qu’avec l’accord de toutes les parties au différend.» Convention européenne pour la répression du terrorisme, signée à Strasbourg, le 27 janvier
14. Ratification de la Lituanie. II résulte d’une notification du Secrétaire Général du Conseil de l’Europe qu’en date du 7 février 1997 la Lituanie a ratifié la Convention désignée ci-dessus, qui entrera en vigueur à l’égard de cet Etat le 8 mai
15. Protocole à la Convention relative au contrat de transport international de marchandises par route (CMR), conclu à Genève, le 5 juillet
16. - Adhésion de l’Ouzbékistan. Il résulte d’une notification du Secrétaire Général de l’Organisation des Nations Unies qu’en date du 27 novembre 1996 l’Ouzbékistan a adhéré au Protocole désigné ci-dessus, qui est entré en vigueur à l’égard de cet Etat le 25 février 1997, conformément au deuxième paragraphe de son article
17. Convention internationale contre la prise d’otages, ouverte à la signature, à New York, le 18 décembre
18. - Adhésion de l’Algérie. Il résulte d’une notification du Secrétaire Générai de l’Organisation des Nations Unies qu’en date du 18 décembre 1996 l’Algérie a adhéré à la Convention désignée ci-dessus, qui est entrée en vigueur à l’égard de cet Etat le 17 janvier
19. Lors du dépôt de son instrument d’adhésion, l’Algérie a fait la réserve suivante: 1164 Loi du 10 avril 1997 portant approbation de la Convention sur l’interdiction de la mise au point, de la fabrication, du stockage et de I’empoi des armes chimiques et sur leur destruction, faite à Paris, le 13 janvier
20. RECTIFICATIF Au Mémorial A n 23 du 16 avril 1997 à la page 881 le texte de la loi (Article unique) est remplacé par le texte suivant: o «Art. 1er. Est approuvée la Convention sur l’interdiction de la mise au point, de la fabrication, du stockage et de l’emploi des armes chimiques et sur leur destruction, faite à Paris, le 1 3 janvier 1993 et dénommée ci-après la Convention. Art.
21. Le Ministre des Affai res étrangères, du Commerce extérieur et de la Coopération assume les fonctions d’autorité nationale au sens de l’article VII paragraphe 4 de la Convention. Cette autorité nationale assurera la coordination de l’action des services administratifs chargés de veiller au respect des obligations découlant de la Convention et du contrôle des activités et transferts des produits chimiques définis par la Convention. Elle a également la fonction de correspondant de l’Organisation internationale pour l’interdiction des armes chimiques. Art.
22. II est interdit à toute personne physique ou morale: (a) de mettre au point, de fabriquer ou d’acquérir d’une autre manière, de stocker ou de conserver en quelque qualité ou à quelque titre que ce soit, ou de transférer, directement ou indirectement, à qui que ce soit des armes chimiques; (b) d’employer des armes chimiques; (c) d’entreprendre des préparatifs quels qu’ils soient en vue d’un emploi d’armes chimiques; (d) d’aider, d’encourager ou d’inciter quiconque, de quelque manière que ce soit, à entreprendre quelque activité que ce soit qui est interdite par la Convention et la présente loi; (e) de transférer ou de recevoir, sous réserve des dispositions communautaires applicables, les produits chimiques définis à l’annexe 1 de la Convention dans des conditions interdites par la Convention et non autorisées par l’Office des Licences. Peut être poursuivi et jugé au Grand-Duché de Luxembourg le ressortissant luxembourgeois ayant commis l’une des infractions visées par la présente loi hors du territoire national. A l’égard des ressortissants luxembourgeois n’ayant ni domicile ni résidence au Grand-Duché, le procureur d’Etat de Luxembourg et les juridictions de l’arrondissement judiciaire de Luxembourg sont compétents. Art.
23. Sans préjudice des pouvoirs des officiers de police judiciaire et des agents de la gendarmerie et de la police, sont commissionnés, en qualité d’officiers de police judiciaire, pour rechercher et constater les infractions aux dispositions prises en vertu de la présente loi: (a) des fonctionnaires de I’Administration des Douanes et Accises ayant au moins le grade de vérificateur adjoint; (b) des fonctionnaires de la carrière moyenne et supérieure de la Division de la Radioprotection de la Direction de la Santé; (c) le préposé de I’Office des Licences ou son représentant désigné. La compétence des fonctionnaires visés aux points (a), (b) et (c) de l’alinéa qui précède s’étend à tout le territoire du Grand-Duché. Avant d’entrer en fonctions, les fonctionnaires visés à l’alinéa qui précède prêtent devant le tribunal d’arrondissement, siégeant en matière civile, de leur domicile le serment suivant: «Je jure de remplir mes fonctions avec intégrité, exactitude et impartialité.» Pour l’identification de produits.chimiques, les officiers de police judiciaire chargés de rechercher et de constater des infractions à la présente loi pourront faire appel à des experts nationaux ou étrangers pour opérer de telles constatations, selon les formes prévues à l’article 36 du code d’instruction criminelle. Art.
24. Les infractions aux dispositions ci-dessus sont passibles de huit jours à cinq ans de prison et d’une amende de 50.000 à cinq millions de francs. Les produits chimiques saisis seront confisqués et seront détruits aux frais de la personne condamnée. La destruction des lieux de production et de stockage pourra être ordonnée. La personne condamnée en supportera les frais. Art.
25. Sans préjudice des dispositions des articles 12

(1)et 23

(2)du code d’instruction criminelle, les informations reçues concernant l’application de la Convention et la mise en oeuvre ‘des dispositions nationales d’application sont couvertes par le secret professionnel. Toute personne qui reçoit de telles informations et qui les communique pour des motifs autres que ceux prévus par la Convention ou par la loi est passible des peines prévues à l’article 458 du code pénal. Art. 7. Les articles 3-6 de la présente loi sortiront leurs effets le jour de l’entrée en vigueur de la Convention.» Service Central de Législation, 43, boulevard F.-D. Roosevelt Imprimeur: Imprimerie de la Cour Victor Buck, s. à r. l., Luxembourg