AIR SERVICES AGREEMENT
between
the Government of the Republic of Latvia
and
the Government of the United Arab Emirates
The Government of the Republic of Latvia and the Government of
the United Arab Emirates (hereinafter referred to as, "the
Contracting Parties");
Desiring to promote an international aviation system based on
competition among airlines in the marketplace with minimum
interference and regulation;
Desiring to facilitate the expansion of international air
transport opportunities;
Recognizing that efficient and competitive international air
services enhance trade, benefit consumers, and promote economic
growth;
Desiring to make it possible for airlines to offer the
traveling and shipping public a variety of service options and
wishing to encourage individual airlines to develop and implement
innovative and competitive prices;
Desiring to ensure the highest degree of safety and security
in international air transport and reaffirming their grave
concern about acts or threats against the security of aircraft,
which jeopardize the safety of persons or property, adversely
affect the operation of air transportation, and undermine public
confidence in the safety of civil aviation; and
Being Parties to the Convention on International Civil
Aviation, opened for signature at Chicago on December 7,
1944;
Have agreed as follows:
Article 1
Definitions
For the purposes of this Agreement, unless otherwise stated,
the term:
1. "Aeronautical Authorities" means in the case of
the Government of the Republic of Latvia, the Ministry of
Transport and/or any person or body authorized to perform any
functions presently exercised by it or similar functions, and in
the case of the Government of the United Arab Emirates, the
General Civil Aviation Authority and/or any person or body
authorized to perform any functions at present exercised by him
or similar functions;
2. "Agreement" means this Agreement, its Annexes,
and any amendments thereto;
3. "territory", "air service",
"international air service", "airline" and
"stop for non-traffic purposes" have the meaning
respectively assigned to them in Articles 2 and 96 of the
Convention;
4. "the Convention" means the Convention on
International Civil Aviation opened for signature at Chicago on 7
December 1944, and includes any Annex adopted under Article 90 of
that Convention and any amendment of the Annexes and the
Convention adopted under Articles 90 and 94 thereof so far as
those Annexes and amendments have been adopted by both
Contracting Parties;
5. "designated airline" means an airline designated
and authorized in accordance with Article 3 of this
Agreement;
6. "full cost" means the cost of providing service,
including a reasonable amount for administrative overhead;
7. "tariff" means the prices to be paid for the
carriage of passengers, baggage and cargo and the conditions
under which those prices apply, including prices and conditions
for agency and other auxiliary services, but excluding
remuneration or conditions for the carriage of mail;
8. "user charge" means a charge imposed on airlines
for the provision of airport, air navigation, or aviation
security facilities or services including related services and
facilities;
9. "EU Treaties" means the Treaty on European Union
and the Treaty on the functioning of the European Union.
Article 2
Grant of
Rights
1. Each Contracting Party grants to the other Contracting
Party the following rights in respect of its scheduled
international air services:
a) the right to fly across its territory without landing;
b) the rights to make stops in its territory for non-traffic
purposes.
2. Each Contracting Party grants to the other Contracting
Party the rights specified in this Agreement for the purpose of
establishing scheduled international air services on the routes
specified in the appropriate section of the Route Schedule
annexed to this Agreement. Such services and routes are hereafter
called "the agreed services" and "the specified
routes" respectively.
3. While operating an agreed service on a specified route the
airline designated by each Contracting Party shall enjoy in
addition to the rights specified in paragraph 1 of this Article
the right to make stops in the territory of the other Contracting
Party at the points specified for that route in the Route
Schedule annexed to this Agreement for the purpose of taking on
board and discharging passengers, baggage and cargo including
mail, separately or in combination.
4. Nothing in Paragraph 2 of this Article shall be deemed to
confer on the airline of one Contracting Party the privilege of
taking on board, in the territory of the other Contracting Party,
passengers, baggage and cargo including mail carried for hire or
reward and destined for another point in the territory of the
other Contracting Party.
Article 3
Designation and
Authorization
1. Each Contracting Party shall have the right to designate as
many airlines as it wishes to conduct international air services
in accordance with this Agreement and to withdraw or alter such
designations. Such designations shall be transmitted to the
aeronautical authorities of the other Contracting Party in
writing through diplomatic channels.
2. On receipt of such a designation the other Contracting
Party shall grant the appropriate authorizations and permissions
with minimum procedural delay, provided:
a) In the case of an airline designated by the Republic of
Latvia:
i) it is established in the territory of the Republic of
Latvia under the EU Treaties and has a valid Operating Licence in
accordance with European Union law;
ii) effective regulatory control of the airline is exercised
and maintained by the European Union Member State responsible for
issuing its Air Operator's Certificate and the relevant
aeronautical authority is clearly identified in the designation;
and
iii) the airline is owned, directly or through majority
ownership, and it is effectively controlled by Member States of
the European Union or the European Free Trade Association and/or
by nationals of such states.
b) In the case of an airline designated by the United Arab
Emirates:
i) it is established in the territory of the United Arab
Emirates and is licensed in accordance with the applicable law of
the United Arab Emirates;
ii) the United Arab Emirates has and maintains effective
regulatory control of the airline; and
iii) the airline is owned, directly or through majority
ownership, and it is effectively controlled by United Arab
Emirates and/or by its nationals.
c) The aeronautical authorities of one Contracting Party may
require an airline designated by the other Contracting Party to
satisfy them that it is qualified to fulfil the conditions
prescribed under the laws and regulations normally and reasonably
applied to the operation of international air services by such
authorities.
Article 4
Revocation of
Authorization
1. Either Contracting Party may revoke, suspend or limit the
operating authorization or technical permissions of an airline
designated by the other Contracting Party where:
a) In the case of an airline designated by the Republic of
Latvia:
i) it is not established in the territory of the Republic of
Latvia under the EU Treaties or does not have a valid Operating
Licence in accordance with European Union law;
ii) effective regulatory control of the airline is not
exercised or not maintained by the European Union Member State
responsible for issuing its Air Operator's Certificate, or the
relevant aeronautical authority is not clearly identified in the
designation; or
iii) the airline is not owned, directly or through majority
ownership, or it is not effectively controlled by Member States
of the European Union or the European Free Trade Association
and/or by nationals of such states.
b) In the case of an airline designated by the United Arab
Emirates:
i) it is not established in the territory of the United Arab
Emirates or is not licensed in accordance with the applicable law
of the United Arab Emirates;
ii) the United Arab Emirates does not have and maintain
effective regulatory control of the airline;
iii) the airline is not owned, directly or through majority
ownership, and it is not effectively controlled by United Arab
Emirates and/or its nationals.
c) that airline has failed to comply with the laws,
regulations and rules referred to in Article 5 of this
Agreement.
2. Unless immediate revocation, suspension or imposition of
the conditions mentioned in paragraph 1 of this Article is
essential to prevent further infringements of laws and/or
regulations, such right shall be exercised only after
consultations with the aeronautical authorities of the other
Contracting Party. Such consultations shall begin within a period
of thirty (30) days from the date of receipt of the request for
consultations.
3. Notwithstanding Article 3 of this Agreement and this
Article, a Contracting Party may revoke, suspend or limit the
operation authorisation or technical permissions where:
a) in the case of an airline designated by the Republic of
Latvia:
i) the air carrier holds an Air Operator's Certificate
issued by another Member State and it can be demonstrated that by
exercising traffic rights under this Agreement on a route that
includes a point in that other Member State, including the
operation of a service which is marketed as or otherwise
constitutes a through service, it would in effect be
circumventing restrictions on traffic rights imposed by a
bilateral air services agreement between the United Arab Emirates
and that other Member State; or
ii) the air carrier holds an Air Operator's Certificate
issued by a Member State and there is no bilateral air services
agreement between the United Arab Emirates and that Member State,
and it can be demonstrated that the necessary traffic rights to
conduct the proposed operation are not reciprocally available to
the air carrier(s) designated by the United Arab Emirates;
b) in the case of an airline designated by the United Arab
Emirates:
i) the air carrier is majority owned and controlled by
nationals of a state other than the United Arab Emirates and it
can be demonstrated that by exercising traffic rights under this
Agreement on a route that includes a point in that other state,
including the operation of a service which is marketed as or
otherwise constitutes a through service, it would in effect be
circumventing restrictions on traffic rights imposed by a
bilateral air services agreement between a Member State and that
other state; or
ii) the air carrier is majority owned and controlled by
nationals of a state other than the United Arab Emirates and
there is no bilateral air services agreement between a Member
State and that other state, and it can be demonstrated that the
necessary traffic rights to conduct the proposed operation are
not reciprocally available to the air carrier(s) designated by
the Member State concerned.
Article 5
Application of
Laws
1. While entering, within, or leaving the territory of one
Contracting Party, its laws, regulations and rules relating to
the operation and navigation of aircraft shall be complied with
by the other Contracting Party's airlines.
2. While entering, within, or leaving the territory of one
Contracting Party, its laws, regulations and rules relating to
the admission to or departure from its territory of passengers,
crew, baggage and cargo including mail on aircraft (including
regulations relating to entry, clearance, aviation security,
immigration, passports, customs and quarantine or, in the case of
mail, postal regulations) shall be complied with by, or on behalf
of, such passengers, crew, baggage and cargo including mail of
the other Contracting Party's airlines.
3. Neither Contracting Party shall give preference to its own
or any other airline over a designated airline of the other
Contracting Party engaged in similar international air transport
in the application of its laws and regulations provided for in
this Article.
4. Passengers, baggage and cargo in direct transit through the
territory of either Contracting Party and not leaving the area of
the airport reserved for such purpose shall not undergo any
examination except for reasons of aviation security, narcotics
control, prevention of illegal entry or in special circumstances.
Baggage and cargo in direct transit shall be exempt from customs
duties and other similar taxes.
Article 6
Aviation
Safety
1. Each Contracting Party shall recognize as valid, for the
purpose of operating the air transportation provided for in this
Agreement, certificates of airworthiness, certificates of
competency, and licenses issued or validated by the other
Contracting Party and still in force, provided that the
requirements for such certificates or licenses at least equal the
minimum standards that may be established pursuant to the
Convention.
2. Each Contracting Party may, however, refuse to recognize as
valid for the purpose of flight above its own territory,
certificates of competency and licenses granted or validated for
its own nationals by the other Contracting Party.
3. Each Contracting Party may request consultations at any
time concerning safety standards in any area relating to aircrew,
aircraft or their operation adopted by the other Contracting
Party. Such consultations shall take place within thirty (30)
days of that request.
4. If, following such consultations, one Contracting Party
finds that the other Contracting Party does not effectively
maintain and administer safety standards in any such area that
are at least equal to the minimum standards established at that
time pursuant to the Convention, the first Contracting Party
shall notify the other Contracting Party of those findings and
the steps considered necessary to conform with those minimum
standards, and that other Contracting Party shall take
appropriate corrective action. Failure by the other Contracting
Party to take appropriate action within fifteen (15) days or such
longer period as may be agreed, shall be grounds for the
application of Article 4 of this Agreement.
5. Notwithstanding the obligations mentioned in Article 33 of
the Convention it is agreed that any aircraft operated by or,
under the lease agreement, on behalf of the airline or airlines
of one Contracting Party on services to or from the territory of
another Contracting Party may, while within the territory of the
other Contracting Party, be made the subject of an examination by
the authorized representatives of the other Contracting Party, on
board and around the aircraft to check both the validity of the
aircraft documents and those of its crew and the apparent
condition of the aircraft and its equipment (in this Article
called "ramp inspection"), provided this does not lead
to unreasonable delay.
6. If any such ramp inspection or series of ramp inspections
gives rise to:
a) serious concerns that an aircraft or the operation of an
aircraft does not comply with the minimum standards established
at the time pursuant to the Convention, or
b) serious concerns that there is a lack of effective
maintenance and administration of safety standards established at
that time pursuant the Convention,
the Contracting Party carrying out the inspection shall, for
the purposes of Article 33 of the Convention, be free to conclude
that the requirements under which the certificate or licences in
respect of that aircraft or in respect of the crew of that
aircraft had been issued or rendered valid, or that the
requirements under which that aircraft is operated, are not equal
to or above the minimum standards established pursuant to the
Convention.
7. In the event that access for the purpose of undertaking a
ramp inspection of an aircraft operated by, or, on behalf of the
airline of one Contracting Party in accordance with paragraph 3
of this Article is denied by the representative of that airline
or airlines, the other Contracting Party shall be free to infer
that serious concerns of the type referred to in paragraph 4
above arise and draw the conclusions referred to in that
paragraph.
8. Each Contracting Party reserves the right to suspend or
vary the operating authorization of an airline or airlines of the
other Contracting Party immediately in the event the first
Contracting Party concludes, whether as a result of a ramp
inspection, a series of ramp inspections, a denial of access for
ramp inspection, consultations or otherwise, that immediate
action is essential to the safety of an airline operation.
9. Any action by one Contracting Party in accordance with
paragraph 2 or 6 above shall be discontinued once the basis for
the taking of that action ceases to exist.
Article 7
Aviation
Security
1. In accordance with their rights and obligations under
international law, the Contracting Parties reaffirm that their
obligation to each other to protect the security of civil
aviation against acts of unlawful interference forms an integral
part of this Agreement. Without limiting the generality of their
rights and obligations under international law, the Contracting
Parties shall in particular act in conformity with the provisions
of the Convention on Offences and Certain Other Acts Committed on
Board Aircraft, done at Tokyo on September 14, 1963, the
Convention for the Suppression of Unlawful Seizure of Aircraft,
done at The Hague on December 16, 1970, the Convention for the
Suppression of Unlawful Acts against the Safety of Civil
Aviation, done at Montreal on September 23, 1971, the Protocol
for the Suppression of Unlawful Acts of Violence at Airports
Serving International Civil Aviation, done at Montreal on
February 24, 1988 ,and any other multilateral agreement governing
civil aviation security binding upon the Contracting Parties.
2. The Contracting Parties shall provide upon request all
necessary assistance to prevent acts of unlawful seizure of civil
aircraft and other unlawful acts against the safety of such
aircraft, of their passengers and crew, and of airports and air
navigation facilities, and to address any other threat to the
security of civil air navigation.
3. The Contracting Parties shall, in their mutual relations,
act in conformity with the aviation security standards and
appropriate recommended practices established by the
International Civil Aviation Organization and designated as
Annexes to the Convention; they shall require that operators of
aircraft of their registry, operators of aircraft who have their
principal place of business or permanent residence in their
territory, and the operators of airports in their territory act
in conformity with such aviation security provisions.
4. Each Contracting Party shall observe the security
provisions required by the other Contracting Party for entry
into, for departure from, and while within the territory of that
other Contracting Party and each Contracting Party shall ensure
that adequate measures are effectively applied within its
territory to protect aircraft and to inspect passengers, crew,
and their baggage and carry-on items, as well as cargo and
aircraft stores, prior to and during boarding or loading. Each
Contracting Party shall also give positive consideration to any
request from another Contracting Party for special security
measures to meet a particular threat.
5. When an incident or threat of an incident of unlawful
seizure of aircraft or other unlawful acts against the safety of
passengers, crew, aircraft, airports or air navigation facilities
occurs, the Contracting Parties shall assist each other by
facilitating communications and other appropriate measures
intended to terminate rapidly and safely such incident or
threat.
6. When a Contracting Party has reasonable grounds to believe
that the other Contracting Party has departed from the aviation
security provisions of this Article, the aeronautical authorities
of that Contracting Party may request immediate consultations
with the aeronautical authorities of the other Contracting Party.
Failure to reach a satisfactory agreement within fifteen (15)
days from the date of such request shall constitute grounds to
withhold, revoke, suspend, limit, or impose conditions on the
operating authorization and technical permissions of an airline
or airlines of that Contracting Party. When required by an
emergency, a Contracting Party may take interim action prior to
the expiry of fifteen (15) days.
Article 8
Commercial
Opportunities
1. The designated airlines of each Contracting Party shall
have the right to:
a) establish offices in the territory of the other Contracting
Party for the promotion and sale of air transportation as well as
other ancillary products and facilities required for the
provision of air transportation;
b) engage in the sale of air transportation in the territory
of the other Contracting Party directly and, at the airlines'
discretion, through their agents. The airlines shall have the
right to sell such transportation, and any person shall be free
to purchase such transportation, in local currency or in freely
convertible currencies according to local currency
regulation;
c) convert and freely remit, on demand, local revenues in
excess of sums locally disbursed. Conversion and remittance shall
be permitted promptly without restrictions or taxation in respect
thereof at the rate of exchange applicable to current
transactions and remittance on the date the carrier makes the
initial application for remittance; and
d) pay for local expenses, including purchases of fuel, in the
territory of the other Contracting Party in local currency. At
their discretion, the airlines of each Contracting Party may pay
for such expenses in the territory of the other Contracting Party
in freely convertible currencies according to local currency
regulation.
2. The designated airlines of each Contracting Party shall
have the right:
a) in accordance with the laws, regulations and rules of the
other Contracting Party relating to entry, residence, and
employment, to bring in and maintain in the territory of the
other Contracting Party managerial, sales, technical,
operational, and other specialist staff of any nationality
required for the provision of air transportation;
b) in operating or holding out the authorized services on the
agreed routes, to enter into cooperative marketing arrangements
such as blocked-space, code-sharing or leasing arrangements,
with:
i) an airline or airlines of either Contracting Party;
ii) an airline or airlines of a third country; and
provided that all airlines in such arrangements hold the
appropriate authority and meet the requirements normally applied
to such arrangements.
3. Notwithstanding any other provision of this Agreement,
airlines and indirect providers of cargo transportation of both
Contracting Parties shall be permitted without restriction to
employ in connection with international air transportation any
surface transportation for cargo to or from any points within or
outside the territories of the Contracting Parties, including
transport to and from all airports with customs facilities, and
including, where applicable, the right to transport cargo in bond
under applicable laws and regulations. Such cargo, whether moving
by surface or by air, shall have access to airport customs
processing and facilities. Airlines may elect to perform their
own surface transportation or to provide it through arrangements
with other surface carriers, including surface transportation
operated by other airlines and indirect providers of cargo air
transportation. Such intermodal cargo services may be offered at
a single, through price for the air and surface transportation
combined, provided that shippers are not misled as to the facts
concerning such transportation.
Article 9
Customs Duties
and Charges
1. On arriving in the territory of one Contracting Party,
aircraft operated in international air transportation by the
designated airline or airlines of the other Contracting Party,
their regular equipment, ground equipment, fuel, lubricants,
consumable technical supplies, spare parts (including engines),
aircraft stores (including but not limited to such items of food,
beverages and liquor, tobacco and other products destined for
sale to or use by passengers in limited quantities during
flight), and other items intended for or used solely in
connection with the operation or servicing of aircraft engaged in
international air transportation shall be exempt, on the basis of
reciprocity, from all import restrictions, property taxes and
capital levies, customs duties, excise taxes, and similar fees
and charges that are (i) imposed by the national or central
authorities, and (ii) not based on the cost of services provided,
provided that such equipment and supplies remain on board the
aircraft.
2. There shall also be exempt, on the basis of reciprocity,
from the taxes, levies, duties, fees and charges referred to in
paragraph 1 of this Article, with the exception of charges based
on the cost of the service provided:
a) aircraft stores introduced into or supplied in the
territory of a Contracting Party and taken on board, within
reasonable limits, for use on outbound aircraft of airlines of
the other Contracting Party engaged in international air
transportation, even when these stores are to be used on a part
of the journey performed over the territory of the Contracting
Party in which they are taken on board;
b) ground equipment and spare parts (including engines)
introduced into the territory of a Contracting Party for the
servicing, maintenance, or repair of aircraft of airlines of the
other Contracting Party used in international air
transportation;
c) fuel, lubricants and consumable technical supplies
introduced into or supplied in the territory of a Contracting
Party for use in an aircraft of airlines of the other Contracting
Party engaged in international air transportation, even when
these supplies are to be used on a part of the journey performed
over the territory of the Contracting Party in which they are
taken on board;
d) promotional and advertising materials introduced into or
supplied in the territory of one Contracting Party and taken on
board, within reasonable limits, for use on outbound aircraft of
an airline of the other Contracting Party engaged in
international air transportation, even when these stores are to
be used on a part of the journey performed over the territory of
the Contracting Party in which they are taken on board, and
e) printed ticket stock and air waybills used by the
designated airline for reservations and ticketing, any printed
material which bears the insignia of the designated airline
printed thereon and usual publicity and promotional materials
distributed free of charge by such designated airline which are
introduced into the territory of the other Contracting Party.
3. Equipment and supplies referred to in paragraphs 1 and 2 of
this Article may be required to be kept under the supervision or
control of the appropriate authorities.
4. The exemptions provided by this Article shall also be
available where the designated airlines of one Contracting Party
have contracted with another airline, which similarly enjoys such
exemptions from the other Contracting Party, for the loan or
transfer in the territory of the other Contracting Party of the
items specified in paragraphs 1 and 2 of this Article.
5. Nothing in this Agreement shall prevent the Republic of
Latvia from imposing, on a non-discriminatory basis, taxes,
levies, duties, fees or charges on fuel supplied in its territory
for use in an aircraft of a designated air carrier of the United
Arab Emirates that operates between a point in the territory of
the Republic of Latvia and another point in the territory of the
Republic of Latvia or in the territory of another European Union
Member State. In such case, the United Arab Emirates would have a
similar right to reciprocate without discrimination the
imposition of similar taxes, levies, duties, fees or charges on
fuel supplied in its territory.
Article 10
User Charges
1. User charges that may be imposed by the competent charging
authorities or bodies of each Contracting Party on the airlines
of the other Contracting Party shall be just, reasonable, not
unjustly discriminatory, and equitably apportioned among
categories of users. In any event, any such user charges shall be
assessed on the airlines of the other Contracting Party on terms
not less favourable than the most favourable terms available to
any other airline at the time the charges are assessed.
2. User charges imposed on the airlines of the other
Contracting Party may reflect, but shall not exceed, the full
cost to the competent charging authorities or bodies of providing
the appropriate airport, airport environmental, air navigation,
and aviation security facilities and services at the airport or
within the airport system. Such charges may include a reasonable
return on assets, after depreciation. Facilities and services for
which charges are made shall be provided on an efficient and
economic basis.
3. Each Contracting Party shall encourage consultations
between the competent charging authorities or bodies in its
territory and the airlines using the services and facilities, and
shall encourage the competent charging authorities or bodies and
the airlines to exchange such information as may be necessary to
permit an accurate review of the reasonableness of the charges in
accordance with the principles of paragraphs 1 and 2 of this
Article. Each Contracting Party shall encourage the competent
charging authorities to provide users with reasonable notice of
any proposal for changes in user charges to enable users to
express their views before changes are made.
4. Neither Contracting Party shall be held, in dispute
resolution procedures pursuant to Article 15 of this Agreement,
to be in breach of a provision of this Article, unless (i) it
fails to undertake a review of the charge or practice that is the
subject of complaint by the other Contracting Party within a
reasonable period of time; or (ii) following such a review it
fails to take all steps within its power to remedy any charge or
practice that is inconsistent with this Article.
Article 11
Fair
Competition
1. Each Contracting Party shall allow a fair and equal
opportunity for the designated airlines of both Contracting
Parties to compete in providing the international air
transportation governed by this Agreement.
2. Each Contracting Party shall allow each designated airline
to determine the frequency and capacity of the international air
transportation it offers based upon commercial considerations in
the marketplace. Consistent with this right, neither Contracting
Party shall unilaterally limit the volume of traffic, frequency
or regularity of service, or the aircraft type or types operated
by the designated airlines of the other Contracting Party, except
as may be required for customs, technical, operational, or
environmental reasons under uniform conditions consistent with
Article 15 of the Convention.
3. There shall be no restriction on the capacity and the
number of frequencies and/or type(s) of aircraft, owned or
leased, to be operated by the designated airlines of both
Contracting Parties in any type of service (passengers, cargo,
separately or in combination).
4. Neither Contracting Party shall impose on the other
Contracting Party's designated airlines any requirement with
respect to capacity, frequency or traffic.
5. Neither Contracting Party shall require the filing of
schedules or operational plans by airlines of the other
Contracting Party for approval, except as may be required on a
non-discriminatory basis to enforce the uniform conditions
foreseen by paragraph 2 of this Article. If a Contracting Party
requires filings to enforce the uniform conditions as foreseen by
paragraph 2 of this Article or requires filings for informational
purposes, it shall minimize the administrative burdens of filing
requirements and procedures on air transportation intermediaries
and on designated airlines of the other Contracting Party.
Article 12
Tariffs
1. Each Contracting Party shall allow tariffs for air
transportation to be established by each designated airline based
upon commercial considerations in the marketplace. Intervention
by the Contracting Parties shall be limited to:
a) prevention of unreasonably discriminatory tariffs or
practices;
b) protection of consumers from tariffs that are unreasonably
high or restrictive due to the abuse of a dominant position;
and
c) protection of airlines from tariffs that are artificially
low due to direct or indirect governmental subsidy or
support.
2. Each Contracting Party may require notification to or
filing with its aeronautical authorities of tariffs to be charged
to or from its territory by airlines of the other Contracting
Party. Notification or filing by the airlines of both Contracting
Parties may be required no more than thirty (30) days before the
proposed date of effectiveness. In individual cases, notification
or filing may be permitted on shorter notice than normally
required. Neither Contracting Party shall require the
notification or filing by airlines of the other Contracting Party
of tariffs charged by charterers to the public, except as may be
required on a non-discriminatory basis for information
purposes.
3. Neither Contracting Party shall take unilateral action to
prevent the inauguration or continuation of a tariff proposed to
be charged or charged by (a) an airline of either Contracting
Party for international air transportation between the
territories of the Contracting Parties, or (b) an airline of one
Contracting Party for international air transportation between
the territory of the other Contracting Party and any other
country, including in both cases transportation on an interline
or intraline basis. If either Contracting Party believes that any
such tariff is inconsistent with the considerations set forth in
paragraph (1) of this Article, it shall request consultations and
notify the other Contracting Party of the reasons for its
dissatisfaction as soon as possible. These consultations shall be
held not later than thirty (30) days after receipt of the
request, and the Contracting Parties shall cooperate in securing
information necessary for reasoned resolution of the issue. If
the Contracting Parties reach agreement with respect to a tariff
for which a notice of dissatisfaction has been given, each
Contracting Party shall use its best efforts to put that
agreement into effect. Without such mutual agreement, the tariff
shall go into effect or continue in effect.
4. Notwithstanding the provisions of this Article, the tariffs
to be charged by the designated airline (s) of the United Arab
Emirates for carriage wholly within the European Union shall be
subject to European Union law.
Article 13
Consultations
Either Contracting Party may, at any time, request
consultations relating to this Agreement. Such consultations
shall begin at the earliest possible date, but not later than
sixty (60) days from the date the other Contracting Party
receives the request unless otherwise agreed.
Article 14
Amendments
Either Contracting Party may at any time request consultations
pursuant to Article 13 of this Agreement, for the purpose of
discussing amendments to this Agreement. Any amendments agreed
between the Contracting Parties shall be made in form of separate
protocols being an integral part of the Agreement and shall enter
into force in accordance with the provisions of Article 18 of
this Agreement.
Article 15
Settlement of
Disputes
1. Any dispute arising under this Agreement that is not
resolved by a first round of formal consultations may be referred
by agreement of the Contracting Parties to some person or body
for decision. If the Contracting Parties do not so agree, the
dispute shall, at the request of either Contracting Party, be
submitted to arbitration in accordance with the procedures set
forth below.
2. Arbitration shall be by a tribunal of three arbitrators to
be constituted as follows:
a) Within thirty (30) days after the receipt of a request for
arbitration, each Contracting Party shall name one arbitrator.
Within sixty (60) days after these two arbitrators have been
named, they shall by agreement appoint a third arbitrator, who
shall act as President of the arbitral tribunal;
b) If either Contracting Party fails to name an arbitrator, or
if the third arbitrator is not appointed in accordance with
subparagraph (a) of this paragraph, either Contracting Party may
request the President of the Council of the International Civil
Aviation Organization to appoint the necessary arbitrator or
arbitrators within thirty (30) days. If the President of the
Council is of the same nationality as one of the Contracting
Parties, the most senior Vice President who is not disqualified
on that ground shall make the appointment.
3. Except as otherwise agreed, the arbitral tribunal shall
determine the limits of its jurisdiction in accordance with this
Agreement and shall establish its own procedural rules. The
tribunal, once formed, may recommend interim relief measures
pending its final determination. At the direction of the tribunal
or at the request of either of the Contracting Parties, a
conference to determine the precise issues to be arbitrated and
the specific procedures to be followed shall be held not later
than fifteen (15) days after the tribunal is fully
constituted.
4. Except as otherwise agreed or as directed by the tribunal,
each Contracting Party shall submit a memorandum within
forty-five (45) days of the time the tribunal is fully
constituted. Replies shall be due sixty (60) days later. The
tribunal shall hold a hearing at the request of either
Contracting Party or on its own initiative within fifteen (15)
days after replies are due.
5. The tribunal shall render a written decision within thirty
(30) days after completion of the hearing or, if no hearing is
held, after the date both replies are submitted. The decision of
the majority of the tribunal shall prevail.
6. The Contracting Parties may submit requests for
clarification of the decision within fifteen (15) days after it
is rendered and any clarification given shall be issued within
fifteen (15) days of such request.
7. Each Contracting Party shall, to the degree consistent with
its national law, give full effect to any decision or award of
the arbitral tribunal.
8. The expenses of the arbitral tribunal, including the fees
and expenses of the arbitrators, shall be shared equally by the
Contracting Parties. Any expenses incurred by the President of
the Council of the International Civil Aviation Organization in
connection with the procedures of paragraph (2)(b) of this
Article shall be considered to be part of the expenses of the
arbitral tribunal.
Article l6
Termination
Either Contracting Party may, at any time, give notice in
writing through diplomatic channels to the other Contracting
Party its decision to terminate this Agreement. Such notice shall
be sent simultaneously to the International Civil Aviation
Organization. This Agreement shall terminate at midnight (at the
place of receipt of the notice to the other Contracting Party)
immediately before the first anniversary of the date of receipt
of such notice by the other Contracting Party, unless the notice
is withdrawn before then by agreement of the Contracting Parties.
In the absence of acknowledgement of receipt by the other
Contracting Party, notice shall be deemed to have been received
fourteen (14) days after the date it was received by the
International Civil Aviation Organization.
Article 17
Registration
with ICAO
1. This Agreement and all amendments thereto shall be
registered with the International Civil Aviation
Organization.
2. In the event of the conclusion of any general multilateral
convention or agreement concerning air transport by which both
Contracting Parties become bound, this Agreement shall be amended
as necessary so as to conform with the provisions of such
convention or agreement.
Article 18
Entry Into
Force
This Agreement and its Annex shall enter into force on the
date of receipt of the last notification through diplomatic
channels confirming that each Contracting Party has completed all
its necessary internal procedures.
IN WITNESS WHEREOF, the undersigned, being duly authorized by
their respective Governments, have signed this Agreement.
DONE in New York, on the 25 day of September, 2014, in
duplicate in three originals in the Latvian, Arabic and English
languages, all three texts being equally authentic. In case of
divergence of interpretation, the English language text shall
prevail.
For the
Republic of Latvia |
For the United Arab Emirates
|
Edgars Rinkēvičs |
Abdullah bin Zayed Al Nahyan |
ANNEX
ROUTE
SCHEDULE
Section 1:
Routes to be operated by the designated airline(s) of the
Republic of Latvia.
From |
Intermediate Point(s) |
To |
Beyond
Point(s) |
Any Point(s) in Latvia |
Any Point(s) |
Any Point(s) in the UAE |
Any Point(s) |
Section 2:
Routes to be operated by the designated airline(s) of the
United Arab Emirates (UAE).
From |
Intermediate Point(s) |
To |
Beyond
Point(s) |
Any Point(s) in the UAE |
Any Point(s) |
Any Points in Latvia |
Any Point(s) |
Operation of the agreed
services
1. The designated airline(s) of both Contracting Parties may,
on any or all flights and at its option, operate in either or
both directions; serve intermediate and beyond points on the
routes in any combination and in any order; omit calling at any
or all intermediate or beyond point(s); serve points within the
territory of each Contracting Party in any combination; transfer
traffic from any aircraft used by them to any other aircraft at
any point or points in the route; combine different flight
numbers within one aircraft operation; and use owned or leased
aircraft.
2. The designated airline(s) of both Contracting Parties are
entitled to exercise, in any type of service (passenger, cargo,
separately or in combination), full fifth freedom traffic rights
to/from any intermediate or beyond point(s).