Selanjutnya
AIR TRANSPORT AGREEMENT
BETWEEN THE GOVERNMENT OF THE REPUBLIC· OF INDONESIA AND
THE GOVERNMENT OF THE
OF POLAND
ｒｅｐｕｂｾｉｃ＠
RELATING TO SCHEDULE AIR TRANSPORT
The Government of the Republic of Indonesia ano the Government · of
the Republic of Pqland hereinafter called "the Contracting Parties";
desiring to promote the mutual relations in the area of c ivii
aviation;
have ｾｧｲ･､＠
as followe:
Article
1
DEFINITIONS
For the- purpose of th).s Agreement and of the Annex thereto :
a.
the term "aeronautical authorities" means in the case of the
Government
of the Republic of Indonesia, the
Minister
of
Communications and any person or ｢ｯｾｹ＠
authorized tp perform
functions at present exercised by the said Minister or similar
functions, and in the case of the Government of the Republi c of
Poland the Mini ster of Transport and Maritime Economy and any
person or body a uthorized t o perform funct ions at
present
exercised by the said Minister or similar functions
b.
the term "designated airline" shall mean an ai rline which has been
des i gnated for the purpose of operating the agreed services on the.
routes specified in the Annex to this Agreement and which has
obtained the operating authorization, in accordance with the
pro visions of Art ic le 3 of this Agreement.
c.
the term "territory" means the territory · of the Republic O·f
Indonesia and the Republic of Poland as define i n theirs laws and
the adjacent areas .o ver which the Rkpublic of Indonesia and the
Republic
of Poland haye sovereignity, sovereign rights
or
jurisdiction in accordance with the internation a l law.
Art icle
2
TRAFFIC RIGHTS
1.
Each
Contracting Party grants to the other Contracting Party
1
the
rights specified in this Agreemen t for the purpose of establ is hing
scheduled internatio nal air services on the r 0utes specified in
the Annex thereto . Such services and ｾｯｵｴ･ｳ＠
are hereinafter ca lled
"the agreed servi c es" and "the spe cified rout es" respectively .
2.
The airline de s ignated by each Contracting Party shall enjoy,
while operating an agreed service on a spec ified rout·e , the
following rights:
the
ｨｾｲ
ﾷ＠
to fly without landing a c ross the territory
Contracting Party,
b.
to make stops in the said t e rritory for non-traff'ic purpose·s ,
c.
to
take on and to put down in international
passengers, mail and cargo at the · specifie d po.ints
specified routes, subject to the provisions of this ｾｧｲ･
a nd the Annex thereto.
Article
of
ｯｴ
a.
traf fic
·o n the
･ｭ
ｮｴ＠
3
OPERATING AUTHORIZATIONS
1.
Eac h Contracting Party shal l have the righ t to designate an
airline for the purpose of operating the agre ed services 9n the
spec ified r outes. This designat ion shall be notified by the
aeronautical
authorities of o ne Contracting Party
to
the
aeronautical authorities of the other Contracting Party.
2.
The
Contracting Party having ｲ ･｣ｩｹｾ
､＠
the notification
of
designation shall, subject to the provisions of paragraphs 3 and 4
of this Article , without delay grant' ·th$ ｡ｰ
ｴｾｯ ｰｲｩ｡ｴ･＠
operat ing
authorization to the airline ､ ･ｳ ｩｧｮ｡ｴ･ｾ＠
｢ｾ＠
the other Contracting
Party.
The
granted operatin g authorization shall
not
be
transferred or transmitted to ｡ｮｯｴｨ･ｲ
ＮＬ ｡ｩｾｬｮ･＠
without consent of
thi s Contracting Party which granted s.uch author ization.
3.
The aeronautical authorities of one Contracting Party may req uire
an airline designated by the other Contracting Party to satisfy
them ｴｾ｡＠
it is qualified to fulfil . the cond itions prescr i bed
undi=.:r the laws and regulations n o rmally applli-ed to the operations
of international ai r services by such authorit ies in confoimity
with the provisi o ns of the Convention on Inte rnational q ivil
Av iation opened for signature at Chicago ·on 7th December 1944 ,
wit h the later amendments thereto.
4.
Each Contracting Party shall have the right to r efuse to grant the
operating authorizat ion referred to in ｾ｡ｲｧｰｨ＠
2 of this Article
or to impose s uc h conditions as it may deem necessary on the
･ ｸｾｲ｣ｩｳ･＠
by a designated airl jne of the ' r ights specified in
2
｣ ｬ･＠
2 of this Agreement, if the said Contract ing Party is not
sat isfied that subs tantial owners hip and effecti ve control of t hat
airline are vested in the Con t racting Party designating the
airline or in its nationals.
ａｲｾｩ
5.
When a designated a irline
has
｢･
ｾ ｮ＠
so authorize d under
paragra ph
2 of this Article , it may begin a t any time to o perate each agre ed
servic e provided that a tariff ･ｳｴ｡｢ｾｩｨ､＠
in a c cordance with the
provision of Artic le 9 of this Agreement is in force in re.spect .of
that service.
Artic le
4
SUSPENSION AND REVOCATION
1.
2.
Each Contracting Pa rty shall have the right to r e voke an ｯｰ･ｲ
｡ｾ
ｩｮｧ＠
authorization or t o suspend the exercise of the rights specified
in Artic l e 2 of t his Agreement by an airline des ignated by t he
o the r Contracting Party or to impose such cond i tions as it ma·y
deem necessary on t he exercise of these right s :
a.
i n any case where it is not satisfied that subst·anti al
o wnership and effective control of that airline are vested in
the Contracting Party designa t ing the airline or in nati on a l s
o f suc h Contrac ting Party, or
b.
in the case o f failure by tha t a irline to c o mply with the ldws
o r regulations of the Contract ing Party granting these righ ts,
or
c.
i n case the ai rline fails t o operate in acco rdance with
conditions prescribed in this Agreement and t he Annex ｴｨ･ｲ
t he
ｾｴ
ｯＮ＠
Un less
immediate revocation, s u s pens ion or i mposition of t he
conditions mentioned in paragraph 1 of this Art ic le is essen t ial
to prevent futher infringement of laws or regu.l a tions such right
sha ll be exerci sed only after consultation ｷ ｾ ｴｨ＠
the
o t her
Contracting Party.
Arti c l e
5
CAPACITY PROVISIONS
l.
The
of
to
the
a irlines designated by the Contracting Part ies · for the purpose
o perating the a greed services shall provide c apacity adequate
meet the current and reasonab ly anticipated requirements f or
international carriage on these services.
3
2.
If the national regulations of a Contracting ｐｾｲｴｹ＠
so require the
agreements, which may be concluded between the designated airlines·
for the purpose of ｯｰ･ｾ｡ｴｩｮｧ＠
the agreed services , shall be subject
to the approval of the aeronautical aµthorities of the said
Contracting Party.
Article
6
EXEMPTION FROM CUSTOMS AND OTHER DUTIES
1.
Aircraft engaged in international services by the designated
airline of either Contracting Party, as w&ll as their ｲ･ ｾ ｬ｡ｲ＠
equipment,
supplies
of fue.l and +ubr.ican ts
and
airr:raft
stores (including food, beverages and tobacco) on board such
aircraft shall be exempt from customs duties, inspection fees and
other duties or taxes on arriving in the territory of the other
Contracting Party. provided this aircraft is r e-exported and such
equipment, supplies and stores remain on board this aircraft up to
such time as they are re-exported.
2.
There shall also be exempt from the same duties, fees and taxes
with the exception of charges corresponding to the performed.
service:
a.
aircraft stores taken in the territory of e ither Contract ing
Party, withi n limits fixed by the authorities of the said
Contracting Party , and destined for use on board out bound
aircraft
operated on an international serv ice
by
the
designated airline of the other Contracting Party.
b.
spare parts and regular equipment entered i nto the territory
of one of the ·Contracting Parties and destined for the
maintenance or repair of aircraft engaged in an international
service by the designated airline of the other Contracting
Party.
c.
fuel and lubricants destined to supply aircraft engaged in an
international service by the designated airline of the other
Contracting Party even when ｴｨ･ｾ＠
supplies are to be used on
the part of the flight performed over the terr itory of the
Contracting Party in which they are taken on board.
3.
If national laws or regulations of either Contracting Party so
require material referred to in paragraphs 1 and 2 of this Article
shall be kept under customs control of the said Contracting Party.
4.
The regular airborne equipment. as we l l as the materials and
supplies retained on board of the aircraft operated by ttie
designated airline of either Contrac.ting Party may be unload in
the territory of the other Contracting Party only ｷｾｴｨ＠
the
4
approval of the customs authorities of such ·territory.
In such
case. t hey may be placed under the supervision of the said
authorities up to such time as they are re-exported or 0therwise
disposed of with t he consent of the same authorities.
Article
7
DIRECT TRAN:3IT TRAFFIC
Passengers , baggage and cargo in direct transit across the. territory
of one Contracting Party ·and not leaving the area of the airport
reserved for such purpose shall on l y be subject t o a very simplified
control. Baggage and cargo in direct transit shal l be exempt from
customs duties and other similar taxes.
Article
8
APPLICATION OF LAWS
1.
The laws and regulations of each Contracting Party governing the
admission to, remaining in and departure from i ts territory of
aircraft engaged in international navigation u nd operation and
navigation of aircraft while within the "limits of it? ｴ･ｲｩ
ｯ ｾｹＮ＠
shall also be applied to the aircraft of the designated airline of
the ot her Contracting Party.
2.
The laws and regu lations of each Contracting Party governinng the
admission to, remaining in and departure from its territory of
passengers, crews, mail and cargo transpo rted on board of airer.aft
and in particular these regarding passports, customs and sanitary
control shall be applied to passengers, ｣ｲ･ｷｳｾ＠
mail and cargp
taken on board of the aircraft of the designat e d airline of t he
other Contracting Party .
Artic le
9
TARIFFS
1.
The tariffs to be charged by the . designated airline of o ne
Cont racting Party for carriage to 6r from . the territory of the
other Contracting Party shall be established at reasonable
levels, due regard being paid to all relevant
factors
including cost of operation, reasonable profit and the tariffs
of other airlines.
2.
The tariffs r effered to in paragraphs 1 of t his Article shall,
5
if possible, be agreed by the designated air l ines concerned of
both Contracting Parties, in consultation wi t h other airline s
operating over whole or part of the route. ｓｾ｣ｨ＠
agreeme nt
shall, where possible, be reached through the rate-£ixing
machinery established by the International AiT Transport
Association .
3.
The tariffs so agreed shall be submitted for the approval of
the aeronaut ical authoritie s of the Contrac ting Parties at
least forty-five days before the proposed date of the Lr
introdu-ct±on. In speeia-1 cases, this time limit may be
reduced, subject to the agreeme nt of the said authorities.
4.
If the designated airline s c annot agree o n any of these
tariffs or if for some reason a tariff cannot be fixed in
a ccordance with the provision of paragraph 2 of this Art icle
or if during the first thirty days of the forty-five days
period Feffered to in par agraph 3 of thi s Article t he
｡･ｾｯｮｵｴｩ｣ｬ＠
a uthorities of one Contracting Party give t he
aeronautical authorities of the other Contrac ting Party not i ce
o f their dissatisfaction with any tariff agreed in accorda nce
with the provision of paragraph 2 of this Article, t he
aeronautical authorities of both Contracting Parties shall try
to determine the tariff by agreement ｢･ｾｷｮ＠
themselves.
5.
No
tariff shall come into force if
the
aeronaut ical
authorities o f the Contracting Parties have no·t approved it.
6.
The tariffs es tablished in a ccordance with the provision of
this Article s hall remain in force until new tariffs have been
established in accordance with provision of this Article.
Arti c le
10
FINANCI AL PROVISION
1.
Accounts and payments betwe en the designat ed airlines shall be
s ettled in co nformity with the provision of the payme nt
agreement being in force between both countries and in.
c onformity with currency regulations being in force on the ir
territories.
In the absence of the appropriate provision of payment
agreement, the above mentioned accounts and payments shal l be
settled in convertible -currency.
2.
Each Contracting Party exempts receipt s coming fr 9 m the
operation ' of aircraft in internat'ional traffic by
the
designated airline from any taxes, charges from profits ·as
well as from other financial c harges.
6
Article
11
REPRESENTATIONS
The designated airlines shall have the right to maintain on the
territory of the other Contracting Party their representation with tne
necessary personel to operate the agreed air services.
Articl e
12
CONSULTATIONS
In a spirit of close coope ration, the aeronautical authorities .of the
Contracting Parties sha11 consult e ach other from time to time with a
view to ensuring the implementation of,i arid satisfactory compliance
with, the provision of this Agreeme nt and the Annex thereto.
Articl c-
13
SETTLEHENT OF DISPUTES·
1.
If any dispute arises between the Contracting Parties relating to
Agreement,
the
the
interpretation or application of this
Contracting Parties shal 1 in the first pl·a ce endeavour to set. tle
it by negotiation.
2.
If the Contracting Parties fail to reach a settlement
by
negotiation they may agree to refer the dispute for decision to
some person or body, or the dispute may at the request of either
Contracting Party be submitted fo r the decision to a tribunal of
three arbitrators, one to be nominated by each Contracting Party
and the third to be appointed by the two so nominated. Each of the
Contracting Parties shall nominate an arbitrator within a per iod
of sixty days from the date of receipt by either Contracting Party
from the other of a notice through diplomatic channels reque sting
arbitration of the dispute and the third arbitrator shall be
appointed within a further period of .sixty days. If either of the
Contracting Parties fails to nominate an arbitrator within the
period specified. or if the third arbitrator is not appointed
within the period specified, the President of the Council of the
Inte rnational Civil Aviation Organization may be requested by
either Contracting Party to appoint an arbitrator o.r arbitrators
as the case requires. In such case, the· third arbitrator shall be
a
national of a third State and shall act as president of the
arbitral body.
3.
The
Contracting
Parties undertake to comply
7
!l
--
with
any
decision
given under paragraph 2 of this Article.
Article 14
AVIATION SECURITY
1.
Th e Contracting ｾ｡ｲｴｩ･ｳ＠
reaffirm their · rights cind obligations ｵｮ､･ｾ＠
international law including the Convention on I nternational Civil
Aviation, signed at Chicago on 7 December 1944, and including the
Convention on Offences and Certain Other Acts c ommitted on board
Airc raft, signed at Tokyo on 14 September 1963. t he Convention for
thP Suppression of Unlawful Sei zure of ａｩｲ｣
ｾ Ｑ ｦｴ
Ｌ＠
signed at the
Hague on 16 December 1970, and Convention for t he Suppressior1 of
Acts against the Safety of Civil Aviation, signed at Montreal on
23 September 19 71. The Contracting Parties affirm that their
obligations to pro tect the security of civil aviation against ae ts
of un lawful inte rference form a n integral part of their mutual
r elations under the present Agreement.
2.
The Contracting Part ies shall provide upon request all possible
assistance to each other to prevent acts of unlawful seizure of
aircraft and other unlawful act s against the safety of passengers,
crew, aircraft,
airports and air navigation fac ilittes and any
other threat to aviation security.
3.
The Contracting Parties shall, in their mutua l relations, act in
conformity with the aviation secu rity standards established by the
International Civil Aviation Organization and designated
as
Annexes to the Convention to the extent that such security
standards are applicable to the Contracting Parties; and require
tha t operators of a ircraft of their registry or o perators who Dave
their principal place of business or permanent residence in their
territory, and the operators of a irports in the ir te rritory
act
in conformity with suc h aviation security standards.
4.
Each Contracting Party agrees ·that its airline( s) may be required
to observe the aviation security standards reffered to
in
paragraph 3 required by the other Contracting Party, for entrance
int o, departure from, or while within, the territory of that other
Contracting Party.
Each Contracting Party shall ensure that
effective measures are taken within its ter r itory to protect
aircraft, to scree n passengers and their carry on items, and to
carry out appropriate checks on c rew, cargo and aircraft s to res
prio r
to and during boarding or l oading. Each Contracting Party
shall also act favourably upon any reques t
from the other.
Contracting Party for reasonable special securi ty measures to meet
a particular threat.
5.
When an incident o r threat of an incident of unlawfu l seizure of
civ). l
aircraft or o ther unlawful acts against the safety of such
8
aircraft , their passengers and c rew, airports o r air n avi g.::it ion
f aci li t ies occur. t he Contracting Parties s ha l J ass ist each ot her
by
facilitatin g c ommunications a nd other clppr o priate ｭ ･｡ ｾ ［ｵ ｲ ･ ｳ＠
inte nded to terminate rapidly and safely suc h i nci d ent or t h r e at
the reof.
Articl e
15
EXCHANGE OF STATISTICAL DATA
The a e r o nautical authority of either Contract'ing Party shall supply t o
the aeronautical autho rity of the o ther Contracting Party upon t heir
reguest such periodi c s or other st a tements ｯｾ＠
sta tistics as ma y be
reasona bly required fo r the purpose of reviewing the ｣｡ｰｩｾｹ＠
provided
on the a greed service s by the desig nated airlines o f the Contract ing
Partie i;; .
Artic le
16
MODIF ICAT ION
1.
Either Contracting Party may i n any time propo se to the o ther
Co ntracting Party a ny amendment it cosiders de s irable to bring to
thi s Agreement. The consultation between the Contracting Pa rties
c oncerning the p roposed amendments shall beg i n within a period
sixty days from the date of the presentation of the reguest for
suc h consultation by one Contrac ting Party.
2.
If either Contrac ting Party c ons iders it desira ble ;t·o amend t he
Anne x to ｴｨ ｾ ｳ＠ Ag reement, the aeronauti c al authorities of bo th
Contracting Part ies may agree u pon any such amen dment.
3.
Any amendments to this Agree me nt or its Annex pursuant
to
para graph 1 or 2 o'f this Artic l e shall come i nto effects when
confirmed by an exchange of notes between the Contracting Part ie s ..
Artic le
17
TERM I NATI ON
Thia Ag reements is conc luded for inde finite time .
Either Contracting Pa rty may at any time denounc eit by notifica tion.
In such a case this Agreement shall terminate twelve months aft'er the
date of receipt of n o tification by t he other Contrac ting Party.
9
Articl e:
18
REGISTRATION
This Agreement shal l be registered with International Civil
Organi zation.
Articl e
Av iat ion
19
TITLES
Titles to the Arti c les in this Agreement are for convenience
reference only and s hall not in any way affect the interpretation
the Art icle.
Article
of'
of
20
ENTRY INTO FORCE
This Agreement shall apply provisionally on the d ate of signature and
definit i vely enter into force as soon as both Contrac ting Pa.rties give
written notification to each other by exchange of diplomatic notes
that their reepeqtive constitutiona l requirements fo r definite entry
into force have been fulfilled.
IN WITNESS WHEREOF the undersigned ｐｬ･ｮｩｰｾｴ｡ｲｳＬ＠
author ized thereto by their respective Governments, have
presen t Agreement.
Done in duplicate ｡ｴｪＰＭ
Ｎ ｖｷＷＧｦｾ＠
in the English language .
this
FOR THE GOVERNMENT OF
THE REPUBLIC OF INDONES IA
being duly.
signed the
13 ｩＺｾ＠
........
FOR THE GOVERNMENT OF
THE REPUBLIC OF POLAND
Signed
Signed
10
ANNE X
Section
I
Routes t o be served by the designated ｾｩｲｬｮ
･＠
of the Republic of
Indonesia in both directions:
points
in Indonesia - 2 points in South- East Asia - 2 points in Asia
Sub Continent includi ng Sri Lanka - 2 points in Mi dd le East - 2 points
in Europe - Warsaw - 2 points beyond.
Section II
Routes to be served by the designated airline o f the Republic of
Poland in both directions:
points i n Poland - 1 point in Europe - 2 points in Middle East
2
points
in Asia Sub Continent including Sri Lanka - 3 points in SouthEast Asia - Jakarta - 2 points beyond.
Section III
The designated airline of either Contracting Party may, on any o r a ll
flight s, omit calling at any of the above points, provided that the
agreed ｳ･ ｲｾｩ｣･ｳ＠
on this route start and terminate in the territory of
that Contracting Party .
Section IV
Interme diate points
designated airlines
approval.
a nd
a nd
points beyond will be agreed
are subject to aeronautical ｡ｵｴｨｯｲｩ
by
both
ｴｩｾｳ＠
BETWEEN THE GOVERNMENT OF THE REPUBLIC· OF INDONESIA AND
THE GOVERNMENT OF THE
OF POLAND
ｒｅｐｕｂｾｉｃ＠
RELATING TO SCHEDULE AIR TRANSPORT
The Government of the Republic of Indonesia ano the Government · of
the Republic of Pqland hereinafter called "the Contracting Parties";
desiring to promote the mutual relations in the area of c ivii
aviation;
have ｾｧｲ･､＠
as followe:
Article
1
DEFINITIONS
For the- purpose of th).s Agreement and of the Annex thereto :
a.
the term "aeronautical authorities" means in the case of the
Government
of the Republic of Indonesia, the
Minister
of
Communications and any person or ｢ｯｾｹ＠
authorized tp perform
functions at present exercised by the said Minister or similar
functions, and in the case of the Government of the Republi c of
Poland the Mini ster of Transport and Maritime Economy and any
person or body a uthorized t o perform funct ions at
present
exercised by the said Minister or similar functions
b.
the term "designated airline" shall mean an ai rline which has been
des i gnated for the purpose of operating the agreed services on the.
routes specified in the Annex to this Agreement and which has
obtained the operating authorization, in accordance with the
pro visions of Art ic le 3 of this Agreement.
c.
the term "territory" means the territory · of the Republic O·f
Indonesia and the Republic of Poland as define i n theirs laws and
the adjacent areas .o ver which the Rkpublic of Indonesia and the
Republic
of Poland haye sovereignity, sovereign rights
or
jurisdiction in accordance with the internation a l law.
Art icle
2
TRAFFIC RIGHTS
1.
Each
Contracting Party grants to the other Contracting Party
1
the
rights specified in this Agreemen t for the purpose of establ is hing
scheduled internatio nal air services on the r 0utes specified in
the Annex thereto . Such services and ｾｯｵｴ･ｳ＠
are hereinafter ca lled
"the agreed servi c es" and "the spe cified rout es" respectively .
2.
The airline de s ignated by each Contracting Party shall enjoy,
while operating an agreed service on a spec ified rout·e , the
following rights:
the
ｨｾｲ
ﾷ＠
to fly without landing a c ross the territory
Contracting Party,
b.
to make stops in the said t e rritory for non-traff'ic purpose·s ,
c.
to
take on and to put down in international
passengers, mail and cargo at the · specifie d po.ints
specified routes, subject to the provisions of this ｾｧｲ･
a nd the Annex thereto.
Article
of
ｯｴ
a.
traf fic
·o n the
･ｭ
ｮｴ＠
3
OPERATING AUTHORIZATIONS
1.
Eac h Contracting Party shal l have the righ t to designate an
airline for the purpose of operating the agre ed services 9n the
spec ified r outes. This designat ion shall be notified by the
aeronautical
authorities of o ne Contracting Party
to
the
aeronautical authorities of the other Contracting Party.
2.
The
Contracting Party having ｲ ･｣ｩｹｾ
､＠
the notification
of
designation shall, subject to the provisions of paragraphs 3 and 4
of this Article , without delay grant' ·th$ ｡ｰ
ｴｾｯ ｰｲｩ｡ｴ･＠
operat ing
authorization to the airline ､ ･ｳ ｩｧｮ｡ｴ･ｾ＠
｢ｾ＠
the other Contracting
Party.
The
granted operatin g authorization shall
not
be
transferred or transmitted to ｡ｮｯｴｨ･ｲ
ＮＬ ｡ｩｾｬｮ･＠
without consent of
thi s Contracting Party which granted s.uch author ization.
3.
The aeronautical authorities of one Contracting Party may req uire
an airline designated by the other Contracting Party to satisfy
them ｴｾ｡＠
it is qualified to fulfil . the cond itions prescr i bed
undi=.:r the laws and regulations n o rmally applli-ed to the operations
of international ai r services by such authorit ies in confoimity
with the provisi o ns of the Convention on Inte rnational q ivil
Av iation opened for signature at Chicago ·on 7th December 1944 ,
wit h the later amendments thereto.
4.
Each Contracting Party shall have the right to r efuse to grant the
operating authorizat ion referred to in ｾ｡ｲｧｰｨ＠
2 of this Article
or to impose s uc h conditions as it may deem necessary on the
･ ｸｾｲ｣ｩｳ･＠
by a designated airl jne of the ' r ights specified in
2
｣ ｬ･＠
2 of this Agreement, if the said Contract ing Party is not
sat isfied that subs tantial owners hip and effecti ve control of t hat
airline are vested in the Con t racting Party designating the
airline or in its nationals.
ａｲｾｩ
5.
When a designated a irline
has
｢･
ｾ ｮ＠
so authorize d under
paragra ph
2 of this Article , it may begin a t any time to o perate each agre ed
servic e provided that a tariff ･ｳｴ｡｢ｾｩｨ､＠
in a c cordance with the
provision of Artic le 9 of this Agreement is in force in re.spect .of
that service.
Artic le
4
SUSPENSION AND REVOCATION
1.
2.
Each Contracting Pa rty shall have the right to r e voke an ｯｰ･ｲ
｡ｾ
ｩｮｧ＠
authorization or t o suspend the exercise of the rights specified
in Artic l e 2 of t his Agreement by an airline des ignated by t he
o the r Contracting Party or to impose such cond i tions as it ma·y
deem necessary on t he exercise of these right s :
a.
i n any case where it is not satisfied that subst·anti al
o wnership and effective control of that airline are vested in
the Contracting Party designa t ing the airline or in nati on a l s
o f suc h Contrac ting Party, or
b.
in the case o f failure by tha t a irline to c o mply with the ldws
o r regulations of the Contract ing Party granting these righ ts,
or
c.
i n case the ai rline fails t o operate in acco rdance with
conditions prescribed in this Agreement and t he Annex ｴｨ･ｲ
t he
ｾｴ
ｯＮ＠
Un less
immediate revocation, s u s pens ion or i mposition of t he
conditions mentioned in paragraph 1 of this Art ic le is essen t ial
to prevent futher infringement of laws or regu.l a tions such right
sha ll be exerci sed only after consultation ｷ ｾ ｴｨ＠
the
o t her
Contracting Party.
Arti c l e
5
CAPACITY PROVISIONS
l.
The
of
to
the
a irlines designated by the Contracting Part ies · for the purpose
o perating the a greed services shall provide c apacity adequate
meet the current and reasonab ly anticipated requirements f or
international carriage on these services.
3
2.
If the national regulations of a Contracting ｐｾｲｴｹ＠
so require the
agreements, which may be concluded between the designated airlines·
for the purpose of ｯｰ･ｾ｡ｴｩｮｧ＠
the agreed services , shall be subject
to the approval of the aeronautical aµthorities of the said
Contracting Party.
Article
6
EXEMPTION FROM CUSTOMS AND OTHER DUTIES
1.
Aircraft engaged in international services by the designated
airline of either Contracting Party, as w&ll as their ｲ･ ｾ ｬ｡ｲ＠
equipment,
supplies
of fue.l and +ubr.ican ts
and
airr:raft
stores (including food, beverages and tobacco) on board such
aircraft shall be exempt from customs duties, inspection fees and
other duties or taxes on arriving in the territory of the other
Contracting Party. provided this aircraft is r e-exported and such
equipment, supplies and stores remain on board this aircraft up to
such time as they are re-exported.
2.
There shall also be exempt from the same duties, fees and taxes
with the exception of charges corresponding to the performed.
service:
a.
aircraft stores taken in the territory of e ither Contract ing
Party, withi n limits fixed by the authorities of the said
Contracting Party , and destined for use on board out bound
aircraft
operated on an international serv ice
by
the
designated airline of the other Contracting Party.
b.
spare parts and regular equipment entered i nto the territory
of one of the ·Contracting Parties and destined for the
maintenance or repair of aircraft engaged in an international
service by the designated airline of the other Contracting
Party.
c.
fuel and lubricants destined to supply aircraft engaged in an
international service by the designated airline of the other
Contracting Party even when ｴｨ･ｾ＠
supplies are to be used on
the part of the flight performed over the terr itory of the
Contracting Party in which they are taken on board.
3.
If national laws or regulations of either Contracting Party so
require material referred to in paragraphs 1 and 2 of this Article
shall be kept under customs control of the said Contracting Party.
4.
The regular airborne equipment. as we l l as the materials and
supplies retained on board of the aircraft operated by ttie
designated airline of either Contrac.ting Party may be unload in
the territory of the other Contracting Party only ｷｾｴｨ＠
the
4
approval of the customs authorities of such ·territory.
In such
case. t hey may be placed under the supervision of the said
authorities up to such time as they are re-exported or 0therwise
disposed of with t he consent of the same authorities.
Article
7
DIRECT TRAN:3IT TRAFFIC
Passengers , baggage and cargo in direct transit across the. territory
of one Contracting Party ·and not leaving the area of the airport
reserved for such purpose shall on l y be subject t o a very simplified
control. Baggage and cargo in direct transit shal l be exempt from
customs duties and other similar taxes.
Article
8
APPLICATION OF LAWS
1.
The laws and regulations of each Contracting Party governing the
admission to, remaining in and departure from i ts territory of
aircraft engaged in international navigation u nd operation and
navigation of aircraft while within the "limits of it? ｴ･ｲｩ
ｯ ｾｹＮ＠
shall also be applied to the aircraft of the designated airline of
the ot her Contracting Party.
2.
The laws and regu lations of each Contracting Party governinng the
admission to, remaining in and departure from its territory of
passengers, crews, mail and cargo transpo rted on board of airer.aft
and in particular these regarding passports, customs and sanitary
control shall be applied to passengers, ｣ｲ･ｷｳｾ＠
mail and cargp
taken on board of the aircraft of the designat e d airline of t he
other Contracting Party .
Artic le
9
TARIFFS
1.
The tariffs to be charged by the . designated airline of o ne
Cont racting Party for carriage to 6r from . the territory of the
other Contracting Party shall be established at reasonable
levels, due regard being paid to all relevant
factors
including cost of operation, reasonable profit and the tariffs
of other airlines.
2.
The tariffs r effered to in paragraphs 1 of t his Article shall,
5
if possible, be agreed by the designated air l ines concerned of
both Contracting Parties, in consultation wi t h other airline s
operating over whole or part of the route. ｓｾ｣ｨ＠
agreeme nt
shall, where possible, be reached through the rate-£ixing
machinery established by the International AiT Transport
Association .
3.
The tariffs so agreed shall be submitted for the approval of
the aeronaut ical authoritie s of the Contrac ting Parties at
least forty-five days before the proposed date of the Lr
introdu-ct±on. In speeia-1 cases, this time limit may be
reduced, subject to the agreeme nt of the said authorities.
4.
If the designated airline s c annot agree o n any of these
tariffs or if for some reason a tariff cannot be fixed in
a ccordance with the provision of paragraph 2 of this Art icle
or if during the first thirty days of the forty-five days
period Feffered to in par agraph 3 of thi s Article t he
｡･ｾｯｮｵｴｩ｣ｬ＠
a uthorities of one Contracting Party give t he
aeronautical authorities of the other Contrac ting Party not i ce
o f their dissatisfaction with any tariff agreed in accorda nce
with the provision of paragraph 2 of this Article, t he
aeronautical authorities of both Contracting Parties shall try
to determine the tariff by agreement ｢･ｾｷｮ＠
themselves.
5.
No
tariff shall come into force if
the
aeronaut ical
authorities o f the Contracting Parties have no·t approved it.
6.
The tariffs es tablished in a ccordance with the provision of
this Article s hall remain in force until new tariffs have been
established in accordance with provision of this Article.
Arti c le
10
FINANCI AL PROVISION
1.
Accounts and payments betwe en the designat ed airlines shall be
s ettled in co nformity with the provision of the payme nt
agreement being in force between both countries and in.
c onformity with currency regulations being in force on the ir
territories.
In the absence of the appropriate provision of payment
agreement, the above mentioned accounts and payments shal l be
settled in convertible -currency.
2.
Each Contracting Party exempts receipt s coming fr 9 m the
operation ' of aircraft in internat'ional traffic by
the
designated airline from any taxes, charges from profits ·as
well as from other financial c harges.
6
Article
11
REPRESENTATIONS
The designated airlines shall have the right to maintain on the
territory of the other Contracting Party their representation with tne
necessary personel to operate the agreed air services.
Articl e
12
CONSULTATIONS
In a spirit of close coope ration, the aeronautical authorities .of the
Contracting Parties sha11 consult e ach other from time to time with a
view to ensuring the implementation of,i arid satisfactory compliance
with, the provision of this Agreeme nt and the Annex thereto.
Articl c-
13
SETTLEHENT OF DISPUTES·
1.
If any dispute arises between the Contracting Parties relating to
Agreement,
the
the
interpretation or application of this
Contracting Parties shal 1 in the first pl·a ce endeavour to set. tle
it by negotiation.
2.
If the Contracting Parties fail to reach a settlement
by
negotiation they may agree to refer the dispute for decision to
some person or body, or the dispute may at the request of either
Contracting Party be submitted fo r the decision to a tribunal of
three arbitrators, one to be nominated by each Contracting Party
and the third to be appointed by the two so nominated. Each of the
Contracting Parties shall nominate an arbitrator within a per iod
of sixty days from the date of receipt by either Contracting Party
from the other of a notice through diplomatic channels reque sting
arbitration of the dispute and the third arbitrator shall be
appointed within a further period of .sixty days. If either of the
Contracting Parties fails to nominate an arbitrator within the
period specified. or if the third arbitrator is not appointed
within the period specified, the President of the Council of the
Inte rnational Civil Aviation Organization may be requested by
either Contracting Party to appoint an arbitrator o.r arbitrators
as the case requires. In such case, the· third arbitrator shall be
a
national of a third State and shall act as president of the
arbitral body.
3.
The
Contracting
Parties undertake to comply
7
!l
--
with
any
decision
given under paragraph 2 of this Article.
Article 14
AVIATION SECURITY
1.
Th e Contracting ｾ｡ｲｴｩ･ｳ＠
reaffirm their · rights cind obligations ｵｮ､･ｾ＠
international law including the Convention on I nternational Civil
Aviation, signed at Chicago on 7 December 1944, and including the
Convention on Offences and Certain Other Acts c ommitted on board
Airc raft, signed at Tokyo on 14 September 1963. t he Convention for
thP Suppression of Unlawful Sei zure of ａｩｲ｣
ｾ Ｑ ｦｴ
Ｌ＠
signed at the
Hague on 16 December 1970, and Convention for t he Suppressior1 of
Acts against the Safety of Civil Aviation, signed at Montreal on
23 September 19 71. The Contracting Parties affirm that their
obligations to pro tect the security of civil aviation against ae ts
of un lawful inte rference form a n integral part of their mutual
r elations under the present Agreement.
2.
The Contracting Part ies shall provide upon request all possible
assistance to each other to prevent acts of unlawful seizure of
aircraft and other unlawful act s against the safety of passengers,
crew, aircraft,
airports and air navigation fac ilittes and any
other threat to aviation security.
3.
The Contracting Parties shall, in their mutua l relations, act in
conformity with the aviation secu rity standards established by the
International Civil Aviation Organization and designated
as
Annexes to the Convention to the extent that such security
standards are applicable to the Contracting Parties; and require
tha t operators of a ircraft of their registry or o perators who Dave
their principal place of business or permanent residence in their
territory, and the operators of a irports in the ir te rritory
act
in conformity with suc h aviation security standards.
4.
Each Contracting Party agrees ·that its airline( s) may be required
to observe the aviation security standards reffered to
in
paragraph 3 required by the other Contracting Party, for entrance
int o, departure from, or while within, the territory of that other
Contracting Party.
Each Contracting Party shall ensure that
effective measures are taken within its ter r itory to protect
aircraft, to scree n passengers and their carry on items, and to
carry out appropriate checks on c rew, cargo and aircraft s to res
prio r
to and during boarding or l oading. Each Contracting Party
shall also act favourably upon any reques t
from the other.
Contracting Party for reasonable special securi ty measures to meet
a particular threat.
5.
When an incident o r threat of an incident of unlawfu l seizure of
civ). l
aircraft or o ther unlawful acts against the safety of such
8
aircraft , their passengers and c rew, airports o r air n avi g.::it ion
f aci li t ies occur. t he Contracting Parties s ha l J ass ist each ot her
by
facilitatin g c ommunications a nd other clppr o priate ｭ ･｡ ｾ ［ｵ ｲ ･ ｳ＠
inte nded to terminate rapidly and safely suc h i nci d ent or t h r e at
the reof.
Articl e
15
EXCHANGE OF STATISTICAL DATA
The a e r o nautical authority of either Contract'ing Party shall supply t o
the aeronautical autho rity of the o ther Contracting Party upon t heir
reguest such periodi c s or other st a tements ｯｾ＠
sta tistics as ma y be
reasona bly required fo r the purpose of reviewing the ｣｡ｰｩｾｹ＠
provided
on the a greed service s by the desig nated airlines o f the Contract ing
Partie i;; .
Artic le
16
MODIF ICAT ION
1.
Either Contracting Party may i n any time propo se to the o ther
Co ntracting Party a ny amendment it cosiders de s irable to bring to
thi s Agreement. The consultation between the Contracting Pa rties
c oncerning the p roposed amendments shall beg i n within a period
sixty days from the date of the presentation of the reguest for
suc h consultation by one Contrac ting Party.
2.
If either Contrac ting Party c ons iders it desira ble ;t·o amend t he
Anne x to ｴｨ ｾ ｳ＠ Ag reement, the aeronauti c al authorities of bo th
Contracting Part ies may agree u pon any such amen dment.
3.
Any amendments to this Agree me nt or its Annex pursuant
to
para graph 1 or 2 o'f this Artic l e shall come i nto effects when
confirmed by an exchange of notes between the Contracting Part ie s ..
Artic le
17
TERM I NATI ON
Thia Ag reements is conc luded for inde finite time .
Either Contracting Pa rty may at any time denounc eit by notifica tion.
In such a case this Agreement shall terminate twelve months aft'er the
date of receipt of n o tification by t he other Contrac ting Party.
9
Articl e:
18
REGISTRATION
This Agreement shal l be registered with International Civil
Organi zation.
Articl e
Av iat ion
19
TITLES
Titles to the Arti c les in this Agreement are for convenience
reference only and s hall not in any way affect the interpretation
the Art icle.
Article
of'
of
20
ENTRY INTO FORCE
This Agreement shall apply provisionally on the d ate of signature and
definit i vely enter into force as soon as both Contrac ting Pa.rties give
written notification to each other by exchange of diplomatic notes
that their reepeqtive constitutiona l requirements fo r definite entry
into force have been fulfilled.
IN WITNESS WHEREOF the undersigned ｐｬ･ｮｩｰｾｴ｡ｲｳＬ＠
author ized thereto by their respective Governments, have
presen t Agreement.
Done in duplicate ｡ｴｪＰＭ
Ｎ ｖｷＷＧｦｾ＠
in the English language .
this
FOR THE GOVERNMENT OF
THE REPUBLIC OF INDONES IA
being duly.
signed the
13 ｩＺｾ＠
........
FOR THE GOVERNMENT OF
THE REPUBLIC OF POLAND
Signed
Signed
10
ANNE X
Section
I
Routes t o be served by the designated ｾｩｲｬｮ
･＠
of the Republic of
Indonesia in both directions:
points
in Indonesia - 2 points in South- East Asia - 2 points in Asia
Sub Continent includi ng Sri Lanka - 2 points in Mi dd le East - 2 points
in Europe - Warsaw - 2 points beyond.
Section II
Routes to be served by the designated airline o f the Republic of
Poland in both directions:
points i n Poland - 1 point in Europe - 2 points in Middle East
2
points
in Asia Sub Continent including Sri Lanka - 3 points in SouthEast Asia - Jakarta - 2 points beyond.
Section III
The designated airline of either Contracting Party may, on any o r a ll
flight s, omit calling at any of the above points, provided that the
agreed ｳ･ ｲｾｩ｣･ｳ＠
on this route start and terminate in the territory of
that Contracting Party .
Section IV
Interme diate points
designated airlines
approval.
a nd
a nd
points beyond will be agreed
are subject to aeronautical ｡ｵｴｨｯｲｩ
by
both
ｴｩｾｳ＠