Selanjutnya
\
C 0 .2 Y.
_'.!'.i-fo ｾｊＺＭｵ＠
ｂＮＺｾｊＰ＠
ｇﾱＭｾ｟ＱｪｊＮ｜ＺｩＧ
-"ikv J.r.LG
Ｇｩ Ｑ ｩｾ＠
ｇｶＢｅｪｩｴｬｾ［Ｍｑｆ＠
ｉｾＺ］＠
..i::i.!.H ｝ｻＸｾｬ｟Ｌ＠
ﾣ［ｶｲｕｾｊＺｬＭｩｙｃ｟ｂ｜Ａｔｎｭ＠
ｾＱＮｷ＠
ｩＩＺｾＮ＠
ｩＺｴＮＲｾｑＧｦ［｟ﾷＬ＠
.w｟ＺＮｾｌｉ＠
f ｾＧ＠ ＮｲｴＺＭｾＲ＠
Governnent of tiLe
ﾷｾｨ･＠
•
ｾ［ｵ｢ｬｩ｣＠
of Indonesia
and the Government of the ItaL:i..an .Ltepublic,
Being parties to the
on International
ｾｯｮｶ･ｴｩ＠
Civil b.viation opened for signature at
seventh do.y of De.cer:iber, ＱＹＴｌｾＬ＠
ＰＱＺｌｩ｣｡ｾｯ＠
on the
and
Desiring t6 conclude an AGreement, ｳｵｰｾｬ･ｮｴ｡ｲｹ＠
to the said lionvention, for the purpose of establishinG
air services between anc1 beyonc_ Indonesian and Italian
territories,
Have agreed as follows:
For the pupose of the. present asreenent, unless
the context otherwise requires:
(a) the terE1 "the Convention" means the Cionvention
en International· Civil aviation opened r'or.
signatur.e at Chicago on the fjeventh day of
:Uecenber 191+4 and includes any .i.:..1.nnex ｾ､ｯｰｴｦ＠
under ｾｴｩ｣ｬ･＠
90 of that Gonvention and.any
amendment of t:ne . ;-..nnexes or Convention und.er
ｾｲｴｩ｣ｬ･ｳ＠
90 or 94 thereof;
(b)
the tern ttaeronautical authority" means. in
ｴｨｾ＠
case of the nepublic of Indonesia ｴｨｾ＠
ｉｾＮＱｩｮｳｴ･ｲ＠
of 0om!aunicatione and. a.ny person
or boiy • • • • •
2 /
"r body authorised to perforr:i functions at
present exercised by the said Minister or
sinilar functicns, and, in the ｣｡ｳｾ＠
of the
Italian Republic, the ｾｩｮｳｴＷ＠
of iransport
and Ciivil .Aviation., Inspectorate General of
Civil Aviation and any person or body
authorised to perfcrn any functions at
present axercised by the said. authorities
or similar functions.
(c)
the tern "designated airline" r:ieans an airline
which one Contracting lart;r shall have
desisnated, by written notification to
other Gontracting ｾ｡ｲｴｹＬ＠
in accordance with
ｾｲｴｩ｣ｬ･＠
3 of the present ｾＵｲ･ｭｮｴＬ＠
fo1 the
operation of air services on the routes
specified in such notification.;
(d)
the term "territory" in relation to a 0tate
means the land areas and territorial waters
adjacent thereto under the sovereignty,
protection or trusteeship of that ｣ｩｾ｡ｴ･［＠
and
Ce>
the term nair servicen, 0 international air
service", "air-line" and "stop for non-traffic·
purposesff have the meanings respectivel;y
· assisned to then in Arti.cle 99 of the 0onvention.
J.\••､ｾ＠
IC ｩＮｾ＠
2
(1)
ｾ｡｣ｨ＠
Contracting ＮｩＺｾ･ｲｴｹ＠
grants to the other
Gont'racting .t-·arty the rights specified in the present
.t-.. greement for the purpose of establishing air services
on the routes specified in the appropriate ｾ･｣ｴｩｯｮ＠
of
the Jchedule thereto (hereinafter called ｴｾＱ･＠
agreed
services" and }'the specified routestt).
The agreed services ma;y be inaugurated ir:1me6.iately or
at a later date subject to the provisions of ｾｲｴｩｶｬ･＠
3
the present ｾｧｲ･ｭｮｴＮ＠
Ｑ
,2)
.Sub,iect •
- 3 (2)
Subject to the provisions of the present Agreement, the designated airline of each Contracting ｾ｡ｲｴｹ＠
shall enjoy the following privileges:
(a) to fly without landing across the territory
of the other Gontraeting Party.;
(b) to land in the territory of the other
0ontracting rarty for non-traffic purpose;
and
(c) while operating an agreed service on a
specified ｲｯｾｴ･＠
to ruake stops in the territory
of tbe other ｾｯｮｴｲ｡｣ｩｧ＠
l?ar.ty, on the ｰｾｩｴ＠
s
specified for that route in the Annex to the
present Agreement, for the.purpose of putting
down and taking on international traffic
in.passengers, cargo and mail. coming from
or destined to the territory of the other
.
.
or of a third vountry.
Contiiactinf!i· ｾ｡ｲｴｹ＠
(3)
Ｎﾷｎｯｴｨｩｮｾ＠
in paragraph (2) of this Article shall
be deemed to confer on the airline of one Contracting Part·y
the privileges- of taking up in the terr.itory of the other
•
Contracting Party, passengers, cargo, or mail carried for
remuneration or hi-re and d·eatined for another point in the
territory of that other Oon.tracting Party.
(4)
The laws, regulations and instructions of one
Contracting Party relating to the entry into· or departure
from its territory of aircraft or air services operated in
international air navigation or to the operation of .such
aircraft or air services while ·within its territory shall
be applied_ to the aircraft and agreed services of the
designated airline er the ether Contracting Party.
(5)
Notwithstanding the provisions of paragraphs (1}
and (2) ef this ｾｴｩ｣ｬ･
Ｙ＠ the operation of agreed services
in· areas of· hostilities or military accupation, or in
·areas affected therebj, shall, in accordance with Article 9
of the 0onvention, be subject to the approval of the
competent military authorities.
Jiii'.•.
...:...!.
(1)
Each Contracting }arty shall designate in writing
to the other Gontractint, larty an airline for the purpose
of operating the aLreed se1'>'\ttices on the specified routes.
-------
( 2)
0n • • • .
- 4 -
Un receipt of the ciesignaticn, the other Uontro.ct·
Farty shall, subject to the provisions of paragrapha (3)
and (4) of this Article, without delay grant to the airlinE:
designated the appropriate operating authorization.
(2)
1ng
The aeronautical authorities of one Contracting
ｾ｡ｲｴｹ＠
may request the airline so designated by the other
0ontractin€, _.:arty to satisfy them that it is qualified to
fulfil the conditions presribed under the laws and
regulations normally and reasonably applied by them in
conformity with the provi:::ioD.s
the ltonvention to the
operation of international ･ｯｾ Ｑ ｾ･ｲ｣ｩ｡ｬ＠
air services.
ＨｌｾＩ＠
(3)
bach Ciontractins .i.·arty shall have the right to
refus8 to accept the desiGnation of an uirline and to
withhold.. or revoke -che
:_ . ·eio Cln aJ_rli111s of the privileges specified in·paragraph (2) of .:...rticle 2 of the present
Agreement or to ｩｾｰｯｳ･＠
such conditions as it may deem
necessary on the exercise by an airline of those privileges
in any case where it is not satisfied that substantial
ovm.ership and effective control of that airline are- ves-:::
in th& 0ontracting ｾ｡ｲｴｹ＠
ignating the airline or in
nationals of the Gontrac.tiEg -':arty designating the ·airline.
At any time after ｴｾ･＠
provisions of ｰ｡ｲｧｾｨｳ＠
(1)
and (2) of this ..-.rticle have been conplied with, the airline
so designa:t:ed and authorised may bei_:;in to operate the abreed
services,
.
that a service> shall be operated unless
a tariff is in force in respect of it, established in
accordance with the provisions of ｾｲｴｩ｣ｬ･＠
6 of the present
.:-.1.greenent.
(5)
--.!
(6)
.,.,,:.
+:"e right
to suspend the exerci a by the airline of
privileges
specified in porae;raph (2·· of
icle 2 of the present
ｾｧｲ･ｭｮｴ＠
or to inpos0 r h cnnditions as it may deem
exc:. :.i.,
ｵｾ［ＮＯ＠
ｊＮｬｃｾ＠
c of those
necessary on
privileges in any case
airline fails to co:J1ply
with the laws and regulations of the Contracting ｾ｡ｲｴｹ＠
gra.iltlh:gg those privileges or otherwise fails to operate
in accoi;dance with the conditions prescribe'ci .in the
present Agreement; provided that, unless irrunediate
. suspension or imposition of conditions is essential to
prevent further infrinsements of laws or regulations,
this right shall be exercised only after consultation
with the other Contracting ｾ｡ｲｴｹＮ＠
ｾｨｩｳ＠
consultation shall
co.runence within the period of ov·days from the date of
request.
- 5ARTICLE
4
In order to prevent discriminatory practices
and to assure equality of treatment for both Contracting
Parties in respect of custans duties and fiscal treatment,
it is agreed that:
(a) The aircrnft of the designated airline ff
ene Contracting Party, engaged in the
agreed services, she.11 be ad.mi tted inte
the territory of the other Contracting
Party free frora ｾｵｳｴｯＮｭ＠
duties and fi£cul
chc:.rges;
(9.)
Fuel, lubricating oils, spo.re parts, aircraft
ｳｴｾ･＠
｣ｾｮ､＠
regular airborne equip11ent on board
aircraft of the designated 2.irline of one
Contracting·Party to operate the ｾｧｲ･､＠
serv.ices shsi.11 be ｡｣ｌｾｩｴ･､＠
into the territory
pf the other Contracting Party exempted from
cuet•ms duties and other fiscal .·churges, even
when such supplies are·to be ·used or consumed
by such aircraft during flights over the said
territory.- \fuey may not be unloaded exeept
with the approval of the customs o.uthorities
ef the other Contracting Party;
(c)
Fuel, lubricating oils, spurc parts Gnd
regulo.r airborne equipment introduced int•
·the territory of one ｃｯｮｴｲｾ｣ｩｧ＠
Party and
intended solely for use by aircraft of the
designated airline.of the other Contracting
Porty operating the ｾｧｲ･､＠
services, sh&ll be
exonpted from custons duties and other fiscal
charges, subject to tho customs regulntions
normnlly applied in the ｳｾｩ､＠
territory;
(d)
Fuel and lubricating oils taken on board
uir;•aft in the territory of one Contracting
Party by the other Contracting ｐｾｲｴｹ＠
shall
pe exempted froo eustol!ls duties and any other
ｦｩｳ｣ｲｾｬ＠
charges in compliance with the· customs
regulations in forc6 in the ｳｾｩ､＠
territory.
(cl The mntcrinls ••
- 6 (e)
The naterials enjoying the exemptions from
any customs duties and any other fiscal
charges under the provisions of the above
paragraphs, cannot be used for purposes
other than the operation of air services
and they shall be re-exported failing their
use er ｣ｯｮｳｾｴｬｰｩＬ＠
unless they are
nationalized under the provisions in force
in the territory of the Contracting ?arty
concerned. Waiting for their use and
disposal, they shall be kept under customs
supervision and control.
AR r I CL.c;
1
!2
(1)
.· There shall be fair and equal opp•rtunity for
the airlines of both Contracting Parties to operate the
agreed services on the specified routes between their
respective territories.
(2)
In operating the agreed servicei, the airline
of ·each Vontracting ｾ｡ｲｴｹ＠
shall take into account the
interest of the airline of the other ｏｯｮｴｲ｡｣ｩｾﾷｆｹ＠
so as not to affect unduly the services which the latter
provide on the whole or part of the same route.
(3)
The agreed sBrvices provided by the designatsd
airiines of both Contrqcting Parties shall bear close
relationship to the requirements of the public f.or
transportation on the specified routes and shall have
as their prinary objective the provision, at a reasonable load factor of Oapasity adequate to carry the ｣ｵｲｾ＠
rent and reasonably anticipated requirements for the
carriage of passengers, cargo and mail between the terri'
tories of the Contractine Party which has desi5nated the
airline and the territory of the other Contracting ｐ｡ｲｴｹｾ＠
ｾｲｯｶｩｳｮ＠
for the carriage of passengers, cargo and mail
both taken up and put down at points on the specified
routes in the territoeries of btates other than that
designating the airline shall be made in accordance with
the general principles that capacity shall be related
to:
(i) traffic
...
• •
- 7 Ｈｩｾ＠
traffic requirements to and from the
territory of the 0ontracting ?arty which
has designated the airline;
(ii)
traffic requirements of the area through
which the airline passes, after taking
account o! other transport services
established by the airline of the States
comprising the area; and
(iii) the requirements of through airline operationJ
(4)
Before inauguration of the agreed services and
ror tho subsequent changes of capacity the aeronautical
authorities of the Contracting ｾ｡ｲｴｩ･ｳ＠
shall agree to the
practical application of the principles contained in the
previous ｰ｡ｲｧｾｨｳ＠
of this ｾｲｴｩ｣ｬ･＠
for the operation of the
agreed ｳ･ｲｶｾ｣＠
by the.designated airlines.
It is agreeq ｴｨｾ＠
the designated airline by each
Contracting ｾ｡ｲｴｹ＠
shall have in any case the right to operate
a "minimun" of 2 (two) services per week on the specified
routes.
(5)
ARTICLE
6.
(1)
ｾｨ･＠
tariffs· on any agreed servicet shall be established at reasonable levels, due reg_ard be ins paid to all relevant
!actors ｩｾ｣ｬｵ､ｮｧ＠
cost 6f operation, reasonable profit)
characteristics of service (such as standards of speed and ·
accon.odation) and, where it is deemed suitable, the tariffs
ef other airline for any part of the specified rqute.
These tariffs shall be fixed in accordance with the following
provisions of this Article.
The tariffs referred to in paragraph (1) of this
Artiole, together with t·he rates of agency eo:amission used
in relation with them shall, if possible, be agreed in respect of each of the specified routes between the designated
airlines concerned, in consultation with other airlines •peratins over the whole or part ·of that route, and such agreenent shall, where possible, be reached through the ratefixing machinery of the International Air Transport Association.
(2)
The tariffs • , • • •
- 8 -
The tar.if ts so agreed shall be subject to the approval of the
eeronautieal authorities of both Contracting Parties and
submitted at least 30 (thirty) days prior to the proposed
date of their introduction. This period may be reduced in
special cases i ! the Aeronautical authorities so agree.
(3)
If the designated airlines cannot agree on any of
these ta.rifts, or if for some other reason a tariff cannot
be agreed in accordance with the provisions of paragraph (2)
ot this Article, the aeronautical authorities o! the Contrac*ｾ＠
Parties shall. try to determine the tariff by agreem£nt
taetween themselves.•
(4)
. If the aeronautical authorities cannot a.gree on
the approval of any tariff submitted to ｴｨ･ｾﾷ＠
under paragraph
(2) of this Article or on the determination of any tariff·
under ｰ｡ｲｧｾｨ＠
(3), the dispute shall be ｳ･ｴｾ､＠
ｩｾ＠
accordance .with the provisions of ｾｲｴｩ｣ｬ･＠
9 of the present ｾｧｲ･ｯﾭ
ment.
(5)
(a)
No tariff shall come into ·force if the aeronautical authorities ·of either Contracting
ｾ｡ｲｴｹ＠
are dissatisfied with it except under the
provisions of paragraph (j) of Article 9 of ·the
ｰｲ･ｳｮｾ＠
Agreement.
{b)
When tariffs have been established in accordance with the provisions of this Articlet .
these tariffs shall remain in force until new
tariff a have been established in accordance
with the provisions of this Article •
Ｎｩ｜ｒｔｾｌ｡Ｚ＠
2
The aeronautical authorities of either Gontracting
J:art1 shall supply to the aeronautical authorities of the
other Contracting ｌ｡ｾｴｹ＠
at their ｲ･Ｂｑｽｕｾｴ＠
such periodic or
other statements of statistics as nay be reasonably required
ｦｯｾ＠
the purpose of reviewing the capacity provided on the
｡ｧｾ･､＠
services by the d6signatcd airline of the first
uontraeting
ｾ｡ｲｴｹＮ＠
gUCh statements shall include all information
required to determine the amount of traffic carried by those
aJ..rlines on the agreed services.
• • • •
ｾ＠
- 9 -
------8
ｾﾷｬＮ＠
ｾ＠ ｖｬＮｴｾ＠
There shall be regular and ｦｲ･ｱｵｾｮｴ＠
consultation
between the aeronautical authorities of the vontracting
l arti0s to ｅｾｮｳｵｲＰ＠
close collaboration in all :r:iattcrs affecting the fuliilr.1cnt of the present .i.greenont.
Guch consultation shall take place within 60 (sixty)
days from the date of the request.
If any dispute arises between the 0ontracting
l-arti:ss relating to the intorprct_ation or application of the
present .'1.0 rcenEmt, the r__,ontract
m::-:: s shall in the first
place endeavour to settle it by ｮ･ｾｯｴｩ｡＠
between ｴｨｾｭ＠
selves.
(1)
.L
_.,,
(2)
If the 0ontractinb .3::artit::s fail· to reach a settlement by nee;otiations, the dispute may at tho rec1uest of ･ｩｾ＠
ｴｨｅＧＮｾｲ＠
Contractins i-arty be subnitted for decision to a tribunal of .three arbitrators,. ono to be noninated by each· Contracting ｾＭ｡ｲｴｹ＠
and ｴｨｾ＠
third to be ｡ｰｯｩｮｴｅｾ､＠
by the t\vo so
noninated.
Lach of the Contractin5 larti2s ｳｨｾｬ＠
noninatc an arbitrator
within a period of sixty (60) days from the date of rt:c€ipt
by either ｃｯｮｴｲ｡｣ｩｾｧ＠
:t·arty from the other of a ｮｯｴｩｾ･＠
through the diplomatic channels ｲ･ｾｵｯｳｴｩｮｧ＠
arbitration of the
dispute, and the third arbitrator shall be ｡ｰｯｾｮｴ･､＠
within
a further period of sixty (60) days. If either of the Contracting iartiAs fails to ｮｯｾｩ｡ｴ･＠
an arbitrator within the
period spacified, or if the third arbitrator ·is not appointed
within the period specified, the l:resident of. the (;ouncil of
the International Gi vil aviation Orr,anisation may bs reciuested by &i thcr Gontractine:. ..c· arty to appoint an arbitrator or
arbitrators as the case requires.
(3)
The ｇｯｮｴｲ｡｣ｩｾ［ＺＬ＠
any decision
ｧｾｶＰｮ＠
ｵｮｾ･ｲ＠
.- ｡ｲｴｩｾﾷＺｳ＠
undertake to cc·':.,ply with
parasraph (2J of this ｾｲｴｩ｣ｬ･Ｎ＠
If and so long as either ｾｯｮｴｲ｡｣ｩｧ＠
ｾ｡ｲｴｹ＠
6r th8
､ｯｳｾｧｮ｡ｴＰ＠
｡ｾｲｬｩｮ･＠
of ｣ｾｴｨｲ＠
Contracting iarty fails te
eomply with a decision given under ｰ｡ｲｧｾｨ＠
(2) of this
"'"'rticle, the other 0ontracting 1:-arty nay li:r.iit, withhold
•r revoke any rights or ｰｲｩｶｬ･ｾｳ＠
which it has granted by
virtue of the present .d.(;r
C 0 .2 Y.
_'.!'.i-fo ｾｊＺＭｵ＠
ｂＮＺｾｊＰ＠
ｇﾱＭｾ｟ＱｪｊＮ｜ＺｩＧ
-"ikv J.r.LG
Ｇｩ Ｑ ｩｾ＠
ｇｶＢｅｪｩｴｬｾ［Ｍｑｆ＠
ｉｾＺ］＠
..i::i.!.H ｝ｻＸｾｬ｟Ｌ＠
ﾣ［ｶｲｕｾｊＺｬＭｩｙｃ｟ｂ｜Ａｔｎｭ＠
ｾＱＮｷ＠
ｩＩＺｾＮ＠
ｩＺｴＮＲｾｑＧｦ［｟ﾷＬ＠
.w｟ＺＮｾｌｉ＠
f ｾＧ＠ ＮｲｴＺＭｾＲ＠
Governnent of tiLe
ﾷｾｨ･＠
•
ｾ［ｵ｢ｬｩ｣＠
of Indonesia
and the Government of the ItaL:i..an .Ltepublic,
Being parties to the
on International
ｾｯｮｶ･ｴｩ＠
Civil b.viation opened for signature at
seventh do.y of De.cer:iber, ＱＹＴｌｾＬ＠
ＰＱＺｌｩ｣｡ｾｯ＠
on the
and
Desiring t6 conclude an AGreement, ｳｵｰｾｬ･ｮｴ｡ｲｹ＠
to the said lionvention, for the purpose of establishinG
air services between anc1 beyonc_ Indonesian and Italian
territories,
Have agreed as follows:
For the pupose of the. present asreenent, unless
the context otherwise requires:
(a) the terE1 "the Convention" means the Cionvention
en International· Civil aviation opened r'or.
signatur.e at Chicago on the fjeventh day of
:Uecenber 191+4 and includes any .i.:..1.nnex ｾ､ｯｰｴｦ＠
under ｾｴｩ｣ｬ･＠
90 of that Gonvention and.any
amendment of t:ne . ;-..nnexes or Convention und.er
ｾｲｴｩ｣ｬ･ｳ＠
90 or 94 thereof;
(b)
the tern ttaeronautical authority" means. in
ｴｨｾ＠
case of the nepublic of Indonesia ｴｨｾ＠
ｉｾＮＱｩｮｳｴ･ｲ＠
of 0om!aunicatione and. a.ny person
or boiy • • • • •
2 /
"r body authorised to perforr:i functions at
present exercised by the said Minister or
sinilar functicns, and, in the ｣｡ｳｾ＠
of the
Italian Republic, the ｾｩｮｳｴＷ＠
of iransport
and Ciivil .Aviation., Inspectorate General of
Civil Aviation and any person or body
authorised to perfcrn any functions at
present axercised by the said. authorities
or similar functions.
(c)
the tern "designated airline" r:ieans an airline
which one Contracting lart;r shall have
desisnated, by written notification to
other Gontracting ｾ｡ｲｴｹＬ＠
in accordance with
ｾｲｴｩ｣ｬ･＠
3 of the present ｾＵｲ･ｭｮｴＬ＠
fo1 the
operation of air services on the routes
specified in such notification.;
(d)
the term "territory" in relation to a 0tate
means the land areas and territorial waters
adjacent thereto under the sovereignty,
protection or trusteeship of that ｣ｩｾ｡ｴ･［＠
and
Ce>
the term nair servicen, 0 international air
service", "air-line" and "stop for non-traffic·
purposesff have the meanings respectivel;y
· assisned to then in Arti.cle 99 of the 0onvention.
J.\••､ｾ＠
IC ｩＮｾ＠
2
(1)
ｾ｡｣ｨ＠
Contracting ＮｩＺｾ･ｲｴｹ＠
grants to the other
Gont'racting .t-·arty the rights specified in the present
.t-.. greement for the purpose of establishing air services
on the routes specified in the appropriate ｾ･｣ｴｩｯｮ＠
of
the Jchedule thereto (hereinafter called ｴｾＱ･＠
agreed
services" and }'the specified routestt).
The agreed services ma;y be inaugurated ir:1me6.iately or
at a later date subject to the provisions of ｾｲｴｩｶｬ･＠
3
the present ｾｧｲ･ｭｮｴＮ＠
Ｑ
,2)
.Sub,iect •
- 3 (2)
Subject to the provisions of the present Agreement, the designated airline of each Contracting ｾ｡ｲｴｹ＠
shall enjoy the following privileges:
(a) to fly without landing across the territory
of the other Gontraeting Party.;
(b) to land in the territory of the other
0ontracting rarty for non-traffic purpose;
and
(c) while operating an agreed service on a
specified ｲｯｾｴ･＠
to ruake stops in the territory
of tbe other ｾｯｮｴｲ｡｣ｩｧ＠
l?ar.ty, on the ｰｾｩｴ＠
s
specified for that route in the Annex to the
present Agreement, for the.purpose of putting
down and taking on international traffic
in.passengers, cargo and mail. coming from
or destined to the territory of the other
.
.
or of a third vountry.
Contiiactinf!i· ｾ｡ｲｴｹ＠
(3)
Ｎﾷｎｯｴｨｩｮｾ＠
in paragraph (2) of this Article shall
be deemed to confer on the airline of one Contracting Part·y
the privileges- of taking up in the terr.itory of the other
•
Contracting Party, passengers, cargo, or mail carried for
remuneration or hi-re and d·eatined for another point in the
territory of that other Oon.tracting Party.
(4)
The laws, regulations and instructions of one
Contracting Party relating to the entry into· or departure
from its territory of aircraft or air services operated in
international air navigation or to the operation of .such
aircraft or air services while ·within its territory shall
be applied_ to the aircraft and agreed services of the
designated airline er the ether Contracting Party.
(5)
Notwithstanding the provisions of paragraphs (1}
and (2) ef this ｾｴｩ｣ｬ･
Ｙ＠ the operation of agreed services
in· areas of· hostilities or military accupation, or in
·areas affected therebj, shall, in accordance with Article 9
of the 0onvention, be subject to the approval of the
competent military authorities.
Jiii'.•.
...:...!.
(1)
Each Contracting }arty shall designate in writing
to the other Gontractint, larty an airline for the purpose
of operating the aLreed se1'>'\ttices on the specified routes.
-------
( 2)
0n • • • .
- 4 -
Un receipt of the ciesignaticn, the other Uontro.ct·
Farty shall, subject to the provisions of paragrapha (3)
and (4) of this Article, without delay grant to the airlinE:
designated the appropriate operating authorization.
(2)
1ng
The aeronautical authorities of one Contracting
ｾ｡ｲｴｹ＠
may request the airline so designated by the other
0ontractin€, _.:arty to satisfy them that it is qualified to
fulfil the conditions presribed under the laws and
regulations normally and reasonably applied by them in
conformity with the provi:::ioD.s
the ltonvention to the
operation of international ･ｯｾ Ｑ ｾ･ｲ｣ｩ｡ｬ＠
air services.
ＨｌｾＩ＠
(3)
bach Ciontractins .i.·arty shall have the right to
refus8 to accept the desiGnation of an uirline and to
withhold.. or revoke -che
:_ . ·eio Cln aJ_rli111s of the privileges specified in·paragraph (2) of .:...rticle 2 of the present
Agreement or to ｩｾｰｯｳ･＠
such conditions as it may deem
necessary on the exercise by an airline of those privileges
in any case where it is not satisfied that substantial
ovm.ership and effective control of that airline are- ves-:::
in th& 0ontracting ｾ｡ｲｴｹ＠
ignating the airline or in
nationals of the Gontrac.tiEg -':arty designating the ·airline.
At any time after ｴｾ･＠
provisions of ｰ｡ｲｧｾｨｳ＠
(1)
and (2) of this ..-.rticle have been conplied with, the airline
so designa:t:ed and authorised may bei_:;in to operate the abreed
services,
.
that a service> shall be operated unless
a tariff is in force in respect of it, established in
accordance with the provisions of ｾｲｴｩ｣ｬ･＠
6 of the present
.:-.1.greenent.
(5)
--.!
(6)
.,.,,:.
+:"e right
to suspend the exerci a by the airline of
privileges
specified in porae;raph (2·· of
icle 2 of the present
ｾｧｲ･ｭｮｴ＠
or to inpos0 r h cnnditions as it may deem
exc:. :.i.,
ｵｾ［ＮＯ＠
ｊＮｬｃｾ＠
c of those
necessary on
privileges in any case
airline fails to co:J1ply
with the laws and regulations of the Contracting ｾ｡ｲｴｹ＠
gra.iltlh:gg those privileges or otherwise fails to operate
in accoi;dance with the conditions prescribe'ci .in the
present Agreement; provided that, unless irrunediate
. suspension or imposition of conditions is essential to
prevent further infrinsements of laws or regulations,
this right shall be exercised only after consultation
with the other Contracting ｾ｡ｲｴｹＮ＠
ｾｨｩｳ＠
consultation shall
co.runence within the period of ov·days from the date of
request.
- 5ARTICLE
4
In order to prevent discriminatory practices
and to assure equality of treatment for both Contracting
Parties in respect of custans duties and fiscal treatment,
it is agreed that:
(a) The aircrnft of the designated airline ff
ene Contracting Party, engaged in the
agreed services, she.11 be ad.mi tted inte
the territory of the other Contracting
Party free frora ｾｵｳｴｯＮｭ＠
duties and fi£cul
chc:.rges;
(9.)
Fuel, lubricating oils, spo.re parts, aircraft
ｳｴｾ･＠
｣ｾｮ､＠
regular airborne equip11ent on board
aircraft of the designated 2.irline of one
Contracting·Party to operate the ｾｧｲ･､＠
serv.ices shsi.11 be ｡｣ｌｾｩｴ･､＠
into the territory
pf the other Contracting Party exempted from
cuet•ms duties and other fiscal .·churges, even
when such supplies are·to be ·used or consumed
by such aircraft during flights over the said
territory.- \fuey may not be unloaded exeept
with the approval of the customs o.uthorities
ef the other Contracting Party;
(c)
Fuel, lubricating oils, spurc parts Gnd
regulo.r airborne equipment introduced int•
·the territory of one ｃｯｮｴｲｾ｣ｩｧ＠
Party and
intended solely for use by aircraft of the
designated airline.of the other Contracting
Porty operating the ｾｧｲ･､＠
services, sh&ll be
exonpted from custons duties and other fiscal
charges, subject to tho customs regulntions
normnlly applied in the ｳｾｩ､＠
territory;
(d)
Fuel and lubricating oils taken on board
uir;•aft in the territory of one Contracting
Party by the other Contracting ｐｾｲｴｹ＠
shall
pe exempted froo eustol!ls duties and any other
ｦｩｳ｣ｲｾｬ＠
charges in compliance with the· customs
regulations in forc6 in the ｳｾｩ､＠
territory.
(cl The mntcrinls ••
- 6 (e)
The naterials enjoying the exemptions from
any customs duties and any other fiscal
charges under the provisions of the above
paragraphs, cannot be used for purposes
other than the operation of air services
and they shall be re-exported failing their
use er ｣ｯｮｳｾｴｬｰｩＬ＠
unless they are
nationalized under the provisions in force
in the territory of the Contracting ?arty
concerned. Waiting for their use and
disposal, they shall be kept under customs
supervision and control.
AR r I CL.c;
1
!2
(1)
.· There shall be fair and equal opp•rtunity for
the airlines of both Contracting Parties to operate the
agreed services on the specified routes between their
respective territories.
(2)
In operating the agreed servicei, the airline
of ·each Vontracting ｾ｡ｲｴｹ＠
shall take into account the
interest of the airline of the other ｏｯｮｴｲ｡｣ｩｾﾷｆｹ＠
so as not to affect unduly the services which the latter
provide on the whole or part of the same route.
(3)
The agreed sBrvices provided by the designatsd
airiines of both Contrqcting Parties shall bear close
relationship to the requirements of the public f.or
transportation on the specified routes and shall have
as their prinary objective the provision, at a reasonable load factor of Oapasity adequate to carry the ｣ｵｲｾ＠
rent and reasonably anticipated requirements for the
carriage of passengers, cargo and mail between the terri'
tories of the Contractine Party which has desi5nated the
airline and the territory of the other Contracting ｐ｡ｲｴｹｾ＠
ｾｲｯｶｩｳｮ＠
for the carriage of passengers, cargo and mail
both taken up and put down at points on the specified
routes in the territoeries of btates other than that
designating the airline shall be made in accordance with
the general principles that capacity shall be related
to:
(i) traffic
...
• •
- 7 Ｈｩｾ＠
traffic requirements to and from the
territory of the 0ontracting ?arty which
has designated the airline;
(ii)
traffic requirements of the area through
which the airline passes, after taking
account o! other transport services
established by the airline of the States
comprising the area; and
(iii) the requirements of through airline operationJ
(4)
Before inauguration of the agreed services and
ror tho subsequent changes of capacity the aeronautical
authorities of the Contracting ｾ｡ｲｴｩ･ｳ＠
shall agree to the
practical application of the principles contained in the
previous ｰ｡ｲｧｾｨｳ＠
of this ｾｲｴｩ｣ｬ･＠
for the operation of the
agreed ｳ･ｲｶｾ｣＠
by the.designated airlines.
It is agreeq ｴｨｾ＠
the designated airline by each
Contracting ｾ｡ｲｴｹ＠
shall have in any case the right to operate
a "minimun" of 2 (two) services per week on the specified
routes.
(5)
ARTICLE
6.
(1)
ｾｨ･＠
tariffs· on any agreed servicet shall be established at reasonable levels, due reg_ard be ins paid to all relevant
!actors ｩｾ｣ｬｵ､ｮｧ＠
cost 6f operation, reasonable profit)
characteristics of service (such as standards of speed and ·
accon.odation) and, where it is deemed suitable, the tariffs
ef other airline for any part of the specified rqute.
These tariffs shall be fixed in accordance with the following
provisions of this Article.
The tariffs referred to in paragraph (1) of this
Artiole, together with t·he rates of agency eo:amission used
in relation with them shall, if possible, be agreed in respect of each of the specified routes between the designated
airlines concerned, in consultation with other airlines •peratins over the whole or part ·of that route, and such agreenent shall, where possible, be reached through the ratefixing machinery of the International Air Transport Association.
(2)
The tariffs • , • • •
- 8 -
The tar.if ts so agreed shall be subject to the approval of the
eeronautieal authorities of both Contracting Parties and
submitted at least 30 (thirty) days prior to the proposed
date of their introduction. This period may be reduced in
special cases i ! the Aeronautical authorities so agree.
(3)
If the designated airlines cannot agree on any of
these ta.rifts, or if for some other reason a tariff cannot
be agreed in accordance with the provisions of paragraph (2)
ot this Article, the aeronautical authorities o! the Contrac*ｾ＠
Parties shall. try to determine the tariff by agreem£nt
taetween themselves.•
(4)
. If the aeronautical authorities cannot a.gree on
the approval of any tariff submitted to ｴｨ･ｾﾷ＠
under paragraph
(2) of this Article or on the determination of any tariff·
under ｰ｡ｲｧｾｨ＠
(3), the dispute shall be ｳ･ｴｾ､＠
ｩｾ＠
accordance .with the provisions of ｾｲｴｩ｣ｬ･＠
9 of the present ｾｧｲ･ｯﾭ
ment.
(5)
(a)
No tariff shall come into ·force if the aeronautical authorities ·of either Contracting
ｾ｡ｲｴｹ＠
are dissatisfied with it except under the
provisions of paragraph (j) of Article 9 of ·the
ｰｲ･ｳｮｾ＠
Agreement.
{b)
When tariffs have been established in accordance with the provisions of this Articlet .
these tariffs shall remain in force until new
tariff a have been established in accordance
with the provisions of this Article •
Ｎｩ｜ｒｔｾｌ｡Ｚ＠
2
The aeronautical authorities of either Gontracting
J:art1 shall supply to the aeronautical authorities of the
other Contracting ｌ｡ｾｴｹ＠
at their ｲ･Ｂｑｽｕｾｴ＠
such periodic or
other statements of statistics as nay be reasonably required
ｦｯｾ＠
the purpose of reviewing the capacity provided on the
｡ｧｾ･､＠
services by the d6signatcd airline of the first
uontraeting
ｾ｡ｲｴｹＮ＠
gUCh statements shall include all information
required to determine the amount of traffic carried by those
aJ..rlines on the agreed services.
• • • •
ｾ＠
- 9 -
------8
ｾﾷｬＮ＠
ｾ＠ ｖｬＮｴｾ＠
There shall be regular and ｦｲ･ｱｵｾｮｴ＠
consultation
between the aeronautical authorities of the vontracting
l arti0s to ｅｾｮｳｵｲＰ＠
close collaboration in all :r:iattcrs affecting the fuliilr.1cnt of the present .i.greenont.
Guch consultation shall take place within 60 (sixty)
days from the date of the request.
If any dispute arises between the 0ontracting
l-arti:ss relating to the intorprct_ation or application of the
present .'1.0 rcenEmt, the r__,ontract
m::-:: s shall in the first
place endeavour to settle it by ｮ･ｾｯｴｩ｡＠
between ｴｨｾｭ＠
selves.
(1)
.L
_.,,
(2)
If the 0ontractinb .3::artit::s fail· to reach a settlement by nee;otiations, the dispute may at tho rec1uest of ･ｩｾ＠
ｴｨｅＧＮｾｲ＠
Contractins i-arty be subnitted for decision to a tribunal of .three arbitrators,. ono to be noninated by each· Contracting ｾＭ｡ｲｴｹ＠
and ｴｨｾ＠
third to be ｡ｰｯｩｮｴｅｾ､＠
by the t\vo so
noninated.
Lach of the Contractin5 larti2s ｳｨｾｬ＠
noninatc an arbitrator
within a period of sixty (60) days from the date of rt:c€ipt
by either ｃｯｮｴｲ｡｣ｩｾｧ＠
:t·arty from the other of a ｮｯｴｩｾ･＠
through the diplomatic channels ｲ･ｾｵｯｳｴｩｮｧ＠
arbitration of the
dispute, and the third arbitrator shall be ｡ｰｯｾｮｴ･､＠
within
a further period of sixty (60) days. If either of the Contracting iartiAs fails to ｮｯｾｩ｡ｴ･＠
an arbitrator within the
period spacified, or if the third arbitrator ·is not appointed
within the period specified, the l:resident of. the (;ouncil of
the International Gi vil aviation Orr,anisation may bs reciuested by &i thcr Gontractine:. ..c· arty to appoint an arbitrator or
arbitrators as the case requires.
(3)
The ｇｯｮｴｲ｡｣ｩｾ［ＺＬ＠
any decision
ｧｾｶＰｮ＠
ｵｮｾ･ｲ＠
.- ｡ｲｴｩｾﾷＺｳ＠
undertake to cc·':.,ply with
parasraph (2J of this ｾｲｴｩ｣ｬ･Ｎ＠
If and so long as either ｾｯｮｴｲ｡｣ｩｧ＠
ｾ｡ｲｴｹ＠
6r th8
､ｯｳｾｧｮ｡ｴＰ＠
｡ｾｲｬｩｮ･＠
of ｣ｾｴｨｲ＠
Contracting iarty fails te
eomply with a decision given under ｰ｡ｲｧｾｨ＠
(2) of this
"'"'rticle, the other 0ontracting 1:-arty nay li:r.iit, withhold
•r revoke any rights or ｰｲｩｶｬ･ｾｳ＠
which it has granted by
virtue of the present .d.(;r