On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Federal Republic of Germany on Air Services

Home / RLA / On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Federal Republic of Germany on Air Services

Law of the Republic of Kazakhstan dated October 28, 1997 No. 172-I

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Federal Republic of Germany on Air Services, signed on March 15, 1996 in Bonn.

The President of the Republic of Kazakhstan application

Agreement between the Government of the Republic of Kazakhstan and By the Government of the Federal Republic of Germany on air transport*

 (Bulletin of International Treaties, Agreements and Individual Legislative Acts of the Republic of Kazakhstan, 1998, No. 6, Article 47)

The Government of the Republic of Kazakhstan and the Government of the Federal Republic of Germany, being Contracting Parties to the Convention on International Civil Aviation, opened for signature in Chicago on December 7, 1944, wishing to conclude an Agreement on the Establishment and Implementation of Air Services between their Territories and Beyond, have agreed as follows:

Article 1. Definitions (1) Within the meaning of this Agreement, unless the context otherwise requires, (a) the term "Convention on Civil Aviation" means the Convention on International Civil Aviation, opened for signature in Chicago on December 7, 1944, including all Annexes adopted pursuant to Article 90 of that Convention and all amendments to the Annexes or to the Convention on Civil Aviation itself, adopted in accordance with its Articles 90 and 94, if these Annexes or amendments have entered into force for both Contracting Parties or have been ratified by them.; b) the term "aviation authorities" means, in relation to the Republic of Kazakhstan, the Ministry of Transport and Communications of the Republic of Kazakhstan, in relation to the Federal Republic of Germany, the Federal Ministry of Transport, or in both cases any other person or organization authorized to carry out tasks assigned to these authorities.; c) the term "designated airline" means any airline that one Contracting Party has designated to the other Contracting Party in writing, in accordance with Article 3, as an enterprise that is to operate international air services on routes established in accordance with paragraph 2 of Article 2 of this Agreement. (2) The terms "territory", "air traffic", "international air traffic" and "landing for non-commercial purposes" for the application of this Agreement have the meanings specified in articles 2 and 96 of the Convention on Civil Aviation. (3) The term "tariff" means the price charged for international carriage (i.e. carriage between points in the territories of two or more two States) of passengers, baggage or cargo (excluding mail) and includes the following: a) any through tariff or amount charged for international carriage offered or sold as such; b) commissions payable for the sale of air tickets for the transportation of passengers and their baggage, or for appropriate measures during cargo transportation; c) conditions on which the applicability of the tariff or price for transportation or the payment of commissions depends. It also includes: d) all essential services provided in connection with transportation; e) any fare for transportation on the domestic part of the route sold in addition to international transportation, which is not available for purely domestic flights and which cannot be provided to all carriers in international traffic and their customers on an equal basis. conditions.

Article 2. (1) One Contracting Party grants the other Contracting Party, for the purpose of operating international air services by designated enterprises, the right to: a) fly non-stop over its territory; b) land on its territory for non-commercial purposes; c) land on its territory at points indicated on routes that are established in accordance with 2 below, for the purpose of loading and unloading passengers, baggage, cargo and mail on a commercial basis. (2) The routes along which the designated airlines of the Contracting Parties will be granted the right to operate international air services are established in the Route Table by exchanging notes. (3) According to paragraph 1, designated enterprises of one Contracting Party are not granted the right to load passengers, baggage, cargo and mail in the territory of the other Contracting Party and transport them for remuneration to another point in the territory of this Contracting Party (cabotage).

 Article 3. Designation and authorization for operation (1) The operation of international air services on routes established in accordance with paragraph 2 of Article 2 of this Agreement may begin at any time, provided that (a) The Contracting Party to which the rights referred to in paragraph 1 of Article 2 of this Agreement are granted has designated in writing one or more several airlines; b) The Contracting Party granting these rights has given the designated enterprise or enterprises permission to open an air service. (2) The Contracting Party granting these rights, subject to paragraph 3 of this article and Article 9, will immediately issue a permit for the operation of international air services. (3) One Contracting Party may require each designated enterprise of the other Contracting Party to prove that it is able to comply with the requirements prescribed by the laws and other regulations of the first Contracting Party governing the operation of international air services. (4) One Contracting Party may, in accordance with paragraphs 1-3 of this Article, replace one enterprise designated by it with another enterprise. The newly appointed airline will have the same rights and obligations as the airline it replaced.

Article 4. Revocation or restriction of an operating permit Each Contracting Party may revoke or impose restrictions on the permit issued in accordance with paragraph 2 of Article 3 of this Agreement if the designated airline does not comply with the laws and other regulations of the Contracting Party granting the rights, or does not comply with the provisions of this Agreement or the obligations arising therefrom. Prior to cancellation or restrictions, consultations should be conducted in accordance with article 15, unless an immediate suspension of operation or restrictions is required in order to prevent further violations of laws or regulations.

Article 5. Equality with respect to fees The fees charged in the territory of one Contracting Party for the use of the aircraft of each designated airline of the other Contracting Party airports or other air navigation facilities and services may not be higher than the fees charged on aircraft of a domestic airline engaged in similar international air transportation.

Article 6. Exemption from customs duties and other charges (1) Aircraft operated by any designated airline of one Contracting Party when entering (exiting) the territory of the other Contracting Party or when passing through its territory, as well as fuel, lubricants, spare parts, service equipment and on-board supplies on board such aircraft, They are exempt from customs duties and other charges levied upon their import, export or transit. This also applies to goods on board an aircraft used during a flight through the territory of another Contracting Party. (2) Fuel, lubricants, spare parts, service equipment and on-board supplies temporarily imported into the territory of one Contracting Party in order to be installed on board or taken on board aircraft of a designated airline of the other Contracting Party, or otherwise exported from the territory of the first Contracting Party, shall be exempt. from customs duties and other charges specified in paragraph 1 of this Article. Promotional materials and transportation documents of any designated airline of one Contracting Party, upon their importation into the territory of the other Contracting Party, are also exempt from customs duties and other charges specified in paragraph 1 of this Article. (3) Fuel and lubricants taken on board aircraft of any designated enterprise of one Contracting Party in the territory of the other Contracting Party and used in international air traffic shall be exempt from customs duties and other charges referred to in paragraph 1 of this Article, as well as from possible special consumption taxes. (4) Each Contracting Party may keep the goods referred to in paragraphs 1-3 of this Article under the control of the Customs authorities. (5) The goods referred to in paragraphs 1-3 of this Section, which are exempt from customs duties and other charges, will not be subject to any economic prohibitions or restrictions normally applied to them concerning the import, export or transit of goods. (6) Each Contracting Party shall grant, on the basis of reciprocity, exemption from turnover tax or similar indirect taxes on goods and services provided to any designated enterprise of the other Contracting Party and used for carrying out its commercial activities. Tax exemption can be provided in the form of a provisional exemption or refund.

 Article 7. Transfer of income Each Contracting Party grants each designated enterprise of the other Contracting Party, on the basis of reciprocity, the right at any time to transfer to the seat of the management board of the enterprise the income received from the sale of air transportation in the territory of the other Contracting Party, in accordance with the procedure established by national legislation, in any freely convertible currency at the official exchange rate.

 Article 8. Principles governing carriage on Contractual routes (1) Any designated airline of each Contracting Party will be provided with fair and equal opportunities when operating airlines on routes established in accordance with paragraph 2 of Article 2 of this Agreement. (2) When operating international air lines on routes established in accordance with paragraph 2 of Article 2 of this Agreement, any designated airline of one Contracting Party will take into account the interests of any designated airline of the other Contracting Party in order not to cause significant damage to the air traffic of the last airline that operates an air line on the same route or its parts. (3) International air traffic on the routes established in accordance with paragraph 2 of Article 2 of this Agreement shall have as its primary objective the provision of capacity appropriate to the anticipated transportation needs to and from the territory of the Contracting Party that designated the airline. The right of such airlines to transport between points on the territory of the other Contracting Party and points in third countries on routes established in accordance with paragraph 2 of Article 2 of this Agreement will be carried out in the interests of the systematic development of international air traffic in such a way that capacity will depend on: a) the needs for transportation to and from the territory of the Contracting Party, who appointed the airline; b) the transportation needs of the area through which the airline passes, taking into account local and regional air traffic; c) the needs for cost-effective operation of transit airlines. (4) In order to ensure fair and equal conditions for any designated airline, the frequency of flights, the types of aircraft provided for with respect to their capacity, as well as flight schedules, are subject to approval by the aviation authorities of the Contracting Parties. (5) If necessary, the aviation authorities of the Contracting Parties should make efforts to achieve, on an equal basis for both Contracting Parties, a satisfactory solution to issues related to the capacity and frequency of flights. (6) Agreements to be concluded between the designated airlines of both Contracting Parties will be submitted for approval by the aviation authorities, if they need to be approved.

Article 9. Provision of operational information and statistical data (1) Each designated airline will inform the aviation authorities of the Contracting Parties no later than one month before the start of air traffic on the routes established in accordance with paragraph 2 of Article 2 of this Agreement and before the start of each subsequent seasonal period of operation of the flight categories, types of aircraft used and their flight schedule. Short-term changes will be notified immediately. (2) The aviation authorities of one Contracting Party shall, upon request, provide to the aviation authorities of the other Contracting Party all periodic and other statistical data of designated airlines that may reasonably be required for the purpose of verifying the capacity provided by each designated airline of the first Contracting Party on the routes established in accordance with paragraph 2 of Article 2 of this Agreement. Such data will include all the information necessary to determine the volume, as well as the destinations and departures of shipments.

Article 10. Tariffs (1) The tariffs applied by the designated airline for the carriage of passengers on routes established in accordance with paragraph 2 of Article 2 of this Agreement are subject to approval by the aviation authorities of the Contracting Party in whose territory the departure point of the flight is located (according to the information in the transportation documents). (2) In their fares, designated airlines will take into account operating costs, reasonable profits, existing competitive and market conditions, as well as the interests of transport users. The competent aviation authorities may refuse to approve a fare only if they do not meet these criteria. (3) Tariffs are submitted by the designated airlines for the approval of the aviation authorities at least one month before the expected date of their introduction. (4) If the aviation authorities of any Contracting Party do not agree with the tariff submitted to them for approval, they shall notify the relevant airline within 21 days from the date of submission of the tariff. In this case, this tariff does not apply. The tariff that was previously applied and which should be replaced by a new tariff will continue to be applied.

Article 11. Commercial activities (1) Each Contracting Party grants any designated airline of the other Contracting Party, on the basis of reciprocity, the right to maintain its representative offices on its territory with administrative, commercial and technical personnel that are necessary for the designated airline. (2) The opening of representative offices and the recruitment of personnel referred to in paragraph 1 of this Section shall be carried out in compliance with the laws and regulations of the relevant Contracting Party concerning the entry of foreign nationals and their stay in the territory of the relevant Contracting Party. However, no work permit is required for staff working in representative offices in accordance with paragraph 1 of this article. (3) Each Contracting Party grants any designated airline of the other Contracting Party, on the basis of reciprocity, the right to independently service passengers, baggage, cargo and mail for designated or other airlines of the other Contracting Party. This right does not include aviation ground handling (aircraft ground handling), which remains the prerogative of airport operators. (4) Each Contracting Party grants any designated airline of the other Contracting Party the right to sell its transportation services according to its own transportation documents directly at its own offices and through its sales agents in the territory of the other Contracting Party to any customer in any freely convertible currency.

Article 12. Aviation safety (1) In accordance with their rights and obligations under international law, the Contracting Parties confirm their commitment to each other to protect the safety of civil aviation from acts of unlawful interference. Without limiting the general applicability of their rights and obligations under international law, the Contracting Parties, in particular, act in accordance with the provisions of the Convention on Crimes and Certain Other Acts Committed on Board Aircraft, signed in Tokyo on September 14, 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed in The Hague on December 16, 1970 Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed in Montreal on September 23, 1971, and the Protocol for the Suppression of Unlawful Acts of Violence at Airports of International Civil Aviation, signed in Montreal on February 24, 1988, in addition to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed in Montreal on September 23, 1971. (2) Upon request, the Contracting Parties shall provide all necessary assistance to each other in preventing the illegal seizure of aircraft and other illegal acts directed against the safety of aircraft, their passengers and crews, airports and air navigation facilities, as well as any other threat to the safety of civil aviation. (3) When there is an illegal hijacking of an aircraft or a threat of such hijacking or an act of unlawful interference that endangers the safety of such aircraft, their passengers and crews, airports or air navigation facilities, the Contracting Parties will, in mutual consultation, assist each other in facilitating communication and taking other appropriate measures aimed at preventing such accidents or their threats as quickly as possible, taking into account the minimum risk to life. (4) Each Contracting Party will take all possible measures on its part to ensure that the hijacked aircraft or aircraft subjected to other acts of unlawful interference, which is on the ground of its territory at that time, remains grounded, unless the departure of the aircraft is caused by the need to protect the lives of its crew and passengers. Such measures will be taken, if possible, on the basis of mutual consultations. (5) In their mutual relations, the Contracting Parties shall act in accordance with the aviation safety provisions established by the International Civil Aviation Organization and defined in the Annexes to the Convention to the extent that such safety provisions are applicable to the Parties.; They will require aircraft owners of their registration or aircraft owners whose main place of business or permanent residence is on their territory and airport operators on their territory to act in accordance with such aviation safety regulations. (6) Each Contracting Party agrees that such aircraft owners may be required to comply with the aviation safety regulations referred to in paragraph 5 of this Article established by that other Contracting Party for arrival, departure or stay on its territory. Each Contracting Party shall ensure that effective measures are applied on its territory to protect aircraft and to inspect passengers, crews and hand luggage, as well as to carry out appropriate checks on the safety of baggage, cargo and on-board supplies before and during passenger boarding or cargo loading. Each Contracting Party will favorably consider any request from the other Contracting Party for reasonable special security measures to eliminate a specific threat. (7) If one Contracting Party fails to comply with the aviation safety provisions provided for in this Article, the aviation authorities of the other Contracting Party may request immediate consultations with the aviation authorities of the first Contracting Party. If no satisfactory solution is reached within one month from the date of such request, this will serve as the basis for the suspension, cancellation, imposition of restrictions or other conditions of the operating permit for the airline or airlines of the first Contracting Party. In case of emergency, each Contracting Party may take preliminary measures before the expiration of this one-month period.  

 Article 13. Entry and control of travel documents (1) At the request of one Contracting Party, the other Contracting Party shall authorize designated airlines enjoying the rights of carriage in both States to take measures to ensure that only passengers who have the necessary travel documents for entry or transit through the territory of the requesting State can be transported. (2) Each Contracting Party will, for the purpose of verification, receive a person who has been refused entry at the place of destination after it has been established that he or she was not eligible for entry, unless that person was in direct transit on the territory of that Contracting Party prior to his or her departure. The Contracting Parties will not return such a person to a country where it was previously established that he did not have the right to enter. (3) This provision does not prevent the authorities from conducting further checks on the returned and ineligible person in order to determine his possible stay in that State or arrange for his transfer, removal or deportation to the State whose nationality he holds or in which he may be accepted for other reasons. If a person in respect of whom it is established that he does not have the right to enter has lost or destroyed his travel documents, the Contracting Party will recognize the document confirming the circumstances of departure and arrival issued by the authorities of the Contracting Party where it was established that the person did not have the right to enter.  

 Article 14. Exchange of views As necessary, the aviation authorities of the Contracting Parties will exchange views in order to achieve close cooperation and mutual understanding on all issues related to the application of this Agreement.

Article 15. Consultations Any Contracting Party may at any time request consultations to discuss amendments to this Agreement or to the Route Table or to discuss their interpretation. This also applies to discussions on the applicability of this Agreement if one Contracting Party considers that the exchange of views under Article 14 has not produced satisfactory results. Consultations should begin within two months from the date of receipt by the other Contracting Party of such a request.

 Article 16. Dispute settlement (1) If a dispute arising in connection with the interpretation or application of this Agreement cannot be settled in accordance with article 15 of this Agreement, it will be submitted to an arbitration court at the request of one Contracting Party. (2) The arbitral tribunal shall be formed in each specific case in such a way that each Contracting Party appoints one member of the court, and both members of the court shall agree on a citizen of a third State as chairman, who shall be appointed by the Governments of the Contracting Parties. The members of the court shall be appointed within two months and its chairman within three months after one Contracting Party informs the other Contracting Party of its intention to submit the dispute to the arbitral tribunal. (3) If the time limits specified in paragraph 2 of this Article have not been met, any Contracting Party may, unless otherwise agreed, apply to the President of the Council of the International Civil Aviation Organization with a request to make the necessary appointments. If the President is a citizen of one of the Contracting Parties or if other reasons do not allow him to perform this function, the Vice President, who replaces him, must make appointments. (4) The arbitral tribunal shall make a decision by a majority vote. Its decisions are binding on the Contracting Parties. Each Contracting Party shall bear the costs of maintaining its member of the court, as well as its representatives in the arbitration process. The expenses for the maintenance of the Chairman, as well as other expenses, should be divided equally between the Contracting Parties. In other matters, the arbitral tribunal sets its own rules of procedure.

Article 17. Multilateral conventions In the event of the entry into force of a common multilateral convention on air services adopted by both Contracting Parties, the provisions of such a convention will prevail. Discussions to determine the extent to which a multilateral convention will terminate or replace, amend or supplement this Agreement will be conducted in accordance with article 15 of this Agreement.  

 Article 18. Registration with the International Civil Aviation Organization This Agreement, any amendments thereto and any exchange of notes in accordance with paragraph 2 of Article 2 of this Agreement will be sent by the Republic of Kazakhstan to the International Civil Aviation Organization for registration.

Article 19. Previous agreements From the moment of entry into force of this Agreement, the Agreement between the Government of the Union of Soviet Socialist Republics and the Government of the Federal Republic of Germany on Air Service dated November 11, 1971, ceases to be effective in relations between the Republic of Kazakhstan and the Federal Republic of Germany.

Article 21. Denunciation One Contracting Party may at any time notify the other Contracting Party of its decision to terminate this Agreement; such notification must be sent simultaneously to the International Civil Aviation Organization. In this case, the Agreement will terminate twelve months after the date of receipt of the notification by the other Contracting Party, unless such notification of termination is withdrawn by agreement between the Contracting Parties before the expiration of this period. In the absence of confirmation of receipt by the other Contracting Party, the notification should be considered as received fourteen days after the date of receipt of the notification by the International Civil Aviation Organization. Done in Bonn on March 15, 1996, in two originals, each in the Kazakh, German and Russian languages, all texts being valid. In case of disagreement in the interpretation of the Kazakh and German texts, the main text is considered to be in Russian.

President

Republic of Kazakhstan

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