AIR SERVICES AGREEMENT
BETWEEN
THE GOVERNMENT OF THE REPUBLIC OF LATVIA
AND THE GOVERNMENT OF THE REPUBLIC OF KOREA
The Government of the Republic of Latvia and the Government of
the Republic of Korea (hereinafter referred to as the
"Contracting Parties");
Being parties to the Convention on International Civil
Aviation opened for signature at Chicago on 7 December 1944;
Desiring to conclude an agreement for the purpose of
establishing and operating air services between and beyond their
respective territories,
Have agreed as follows:
Article 1
Definitions
1. For the purposes of this Agreement, unless the context
otherwise requires:
a) the term "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 or Convention
adopted under Articles 90 and 94 thereof in so far as those
Annexes and amendments have become effective for or have been
ratified by both Contracting Parties;
b) the term "Agreement" means this Agreement, its
Annexes and any amendments thereto;
c) the term "aeronautical authorities" means, in the
case of the Republic of Latvia, the Ministry of Transport, and in
the case of the Republic of Korea, the Ministry of Land,
Infrastructure and Transport, or in both cases, any other person
or body authorized to perform the functions at present exercised
by the said authorities;
d) the term "designated airline" means an airline
which has been designated and authorized in accordance with
Article 4 of this Agreement;
e) the term "territory" has the meaning assigned to
it in Article 2 of the Convention;
f) the terms "air service", "international air
service", "airline" and "stop for non-traffic
purposes" have the meanings assigned to them in Article 96
of the Convention;
g) the term "capacity" in relation to an aircraft
means the payload of that aircraft available on a route or
section of a route;
h) the term "capacity" in relation to agreed
services means the capacity of the aircraft used on such
services, multiplied by the frequency operated by such aircraft
over a given period on a route or section of a route;
i) the term "tariff" means the prices to be paid for
the carriage of passengers, baggage, and cargo (excluding mail),
including any significant additional benefits to be furnished or
made available in conjunction with such carriage, and the
commission to be paid on the sales of tickets for the carriage of
persons, or on corresponding transactions for the carriage of
baggage or cargo. It includes also the conditions that govern the
applicability of the price for carriage or the payment of
commission;
j) the term "agreed services" means international
scheduled air services on the routes specified in the Annex I to
this Agreement for the transport of passengers, baggage, cargo
and mail separately or in combination for remuneration or
hire;
k) the term "specified route" means a route
specified in a Route Schedule in the Annex I to this
Agreement;
l) the term "user charge" means a charge made to
airlines by the competent authorities, or permitted by them to be
made, for the provision of airport property or facilities or of
air navigation facilities, or aviation security facilities or
services, including related services and facilities, for
aircraft, their crews, passengers and cargo;
m) the term "Annex" means the Annex to this
Agreement or as amended in accordance with the provisions of
Article 19 of this Agreement. The Annexes form an integral part
of this Agreement, and all references to this Agreement shall
include also references to the Annexes, except where explicitly
agreed otherwise.
2. Titles given to the Articles of this Agreement are for
reference purposes only.
3. References in this Agreement to nationals of the Republic
of Latvia shall be understood as referring to nationals of
European Union (EU) Member States. References in this Agreement
to the airline(s) of the Republic of Latvia shall be understood
as referring to the airline(s) designated by the Republic of
Latvia.
4. References in this Agreement to the "EU Treaties"
shall be understood as referring to 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 rights specified in this Agreement for the purpose of
operating international air services on the specified routes.
2. Subject to the provisions of this Agreement, the airline(s)
designated by each Contracting Party shall enjoy the following
rights:
a) the right to fly without landing across the territory of
the other Contracting Party;
b) the right to make stops in the territory of the other
Contracting Party for non-traffic purposes;
c) the right to take up and put down passengers, cargo and
mail separately or in combination at any point on the specified
routes, subject to the provisions contained in the Annex I to
this Agreement.
3. Nothing in paragraph 2 of this Article shall be deemed to
confer on the designated airline(s) of one Contracting Party the
right of taking on board, in the territory of the other
Contracting Party, passengers, baggage, cargo or mail carried for
remuneration or hire and destined for another point in the
territory of that other Contracting Party (cabotage).
4. If because of armed conflict, political disturbances or
developments, or special and unusual circumstances, a designated
airline of one Contracting Party is unable to operate the agreed
services on its normal routing, the other Contracting Party shall
use its best efforts to facilitate the continued operation of
such services through appropriate temporary rearrangements of
routes as is mutually decided by the Contracting Parties.
Article 3
Recognition of certificates and licences
1. Certificate of airworthiness, certificates of competency
and licences issued or rendered valid by either Contracting Party
shall, during the period of their validity, be recognized as
valid by the other Contracting Party, provided that the
requirements under which such certificates or licences were
issued or rendered valid are equal to or above the minimum
standards which may be established pursuant to the
Convention.
2. Each Contracting Party reserves the right, however, to
refuse to recognize as valid, for the purpose of flights over its
own territory, certificates of competency and licences granted to
or rendered valid for its own nationals by the other Contracting
Party or by any other State.
Article 4
Designation of airlines and operating authorizations
1. Each Contracting Party shall have the right to designate
through diplomatic channels to the other Contracting Party one or
more airlines for the purpose of operating the agreed services on
the specified routes and to withdraw or alter such designations.
Such designations, withdrawal or alteration of them shall be made
in writing.
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
Korea:
i) the Republic of Korea has and maintains effective
regulatory control of the airline; and
ii) substantial ownership and effective control of that
airline are vested in the Republic of Korea, nationals of the
Republic of Korea, or both, and the airline has a valid operating
licence issued by the Republic of Korea; and
b) 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
from an EU Member State in accordance with European Union law;
and
ii) effective regulatory control of the airline is exercised
and maintained by the EU 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 has its principal place of business in the
territory of the EU Member State from which it has received its
valid operating licence; and
iv) the airline is owned, directly or through majority
ownership, and is effectively controlled by EU Member States
and/or nationals of European Union Member States, and/or by other
States listed in the Annex II and/or by nationals of such other
States; and
c) the designated airline is qualified to meet the conditions
prescribed under the laws and regulations normally and reasonably
applied to the operation of international air services by the
Contracting Party considering the application(s); and
d) the Contracting Party designating the airline maintains and
implements the standards relating to security and safety set out
in Article 14 and Article 15 of this Agreement.
3. When an airline has been so designated and authorized it
may begin to operate the agreed services, provided that the
airline complies with all applicable provisions of this
Agreement.
Article 5
Revocation or suspension of operating authorizations
1. Either Contracting Party may, after consultations with the
other Contracting Party, refuse, revoke, suspend or limit the
operating authorizations 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
Korea:
i) the Republic of Korea is not maintaining effective
regulatory control of the airline; or
ii) substantial ownership and effective control of that
airline are not vested in the Republic of Korea, nationals of the
Republic of Korea, or both, or the airline does not have a valid
operating licence issued by the Republic of Korea;
b) 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 from an EU Member State in accordance with European Union
law; or
ii) effective regulatory control of the airline is not
exercised or not maintained by the EU 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 does not have its principal place of business
in the territory of the EU Member State from which it has
received its valid operating licence; or
iv) the airline is not owned, directly or through majority
ownership, and is not effectively controlled by EU Member States
and/or by other States listed in the Annex II and/or by nationals
of such other States; or
v) the airline is already authorized to operate under a
bilateral agreement between the Republic of Korea and another EU
Member State and the Republic of Korea can demonstrate that, by
exercising traffic rights under this Agreement on a route that
includes a point in that other EU Member State, it would be
circumventing restrictions on traffic rights imposed by that
other agreement; or
vi) the airline holds an air operator's certificate issued by
an EU Member State and there is no bilateral air services
agreement between the Republic of Korea and that EU Member State,
and that EU Member State has denied traffic rights to the airline
designated by the Republic of Korea;
c) the designated airline has failed to comply with the laws
and regulations of the Contracting Party granting the rights;
or
d) the designated airline does not comply with the conditions
prescribed under this Agreement.
2. Unless immediate action is essential to prevent further
infringements of laws and regulations, such right shall be
exercised only after consultations with the aeronautical
authorities of the other Contracting Party in conformity with
Article 17 of this Agreement.
Article 6
User charges
1. Each Contracting Party shall use its best efforts to ensure
that the user charges imposed or permitted to be imposed by its
competent charging authorities on the designated airline(s) of
the other Contracting Party for the use of airports and other
aviation facilities are just and reasonable. These charges shall
be based on sound economic principles and shall not be higher
than those paid by its national airlines engaged in similar
international air services.
2. Each Contracting Party shall encourage consultations on
user charges between its competent charging authorities and the
designated airlines using the services and facilities provided by
those charging authorities, where practical through the
organizations representing those airlines. Reasonable notice of
any proposed change to user charges shall be given to such users
to enable them to express their views before changes are made.
Each Contracting Party shall also encourage its competent
charging authorities and such users to exchange appropriate
information concerning user charges.
Article 7
Exemption from customs and other duties
1. Aircraft operated on international air services by a
designated airline of one Contracting Party, as well as its
regular equipment, spare parts, supplies of fuel, lubricants, and
aircraft stores (including food, beverages and tobacco) on board
such aircraft shall be exempted, on the basis of reciprocity,
from all customs duties, inspection fees and other similar
charges on arriving in the territory of the other Contracting
Party in accordance with the provisions of the laws and
regulations in force of each Contracting Party, provided that
such equipment, spare parts, and supplies of fuel and lubricants
and aircraft stores remain on board the aircraft up to such time
as they are re-exported or are used or consumed by such aircraft
on flights over that territory.
2. There shall also be exempt, on the basis of reciprocity,
from the same duties, fees and charges referred to in paragraph 1
of this Article, in accordance with the provisions of the laws
and regulations in force of each Contracting Party, with the
exception of charges corresponding to the services provided:
a) aircraft stores taken on board in the territory of one
Contracting Party within reasonable limits fixed by the competent
authorities of the said Contracting Party, for use on board
aircraft engaged in the agreed services by the designated airline
of the other Contracting Party;
b) spare parts, including engines, introduced into the
territory of one Contracting Party for the maintenance or repair
of aircraft engaged in the agreed services by the designated
airline of the other Contracting Party; and
c) fuel, lubricants and consumable technical supplies destined
to supply aircraft operated on the agreed services by the
designated airline of the other Contracting Party, even when
these supplies are to be used on the part of the journey
performed over the territory of the other Contracting Party in
which they are taken on board.
3. Materials referred to in paragraph 2 of this Article may be
required to be kept under customs supervision or control.
4. The regular airborne equipment, as well as the materials,
supplies and spare parts normally retained on board aircraft
operated by a designated airline of one Contracting Party, may be
unloaded in the territory of the other Contracting Party only
with the approval of the customs authorities of that other
Contracting Party. In such case, they may be placed under the
supervision of the said authorities up to such time as they are
re-exported or otherwise disposed of in accordance with customs
regulations.
5. The necessary documents, such as printed ticket stock, air
waybills, any printed material which bears the insignia of the
company thereon and usual publicity material distributed free of
charge, intended for the use or used solely in connection with
the operation or servicing of aircraft of the designated airline
of one Contracting Party operating the agreed services, shall be
exempt, on the basis of reciprocity, from customs duties and
other similar charges in the territory of the other Contracting
Party, in accordance with the provisions of the laws and
regulations in force of that other Contracting Party.
6. Without prejudice to security laws and regulations,
passengers, baggage and cargo in direct transit across the
territory of a Contracting Party and not leaving the area of the
airport reserved for such purpose shall be subject to no more
than a simplified control. Baggage and cargo in direct transit
shall be exempt from customs duties, fees and other similar
charges.
Article 8
Capacity
1. There shall be fair and equal opportunity for the
designated airlines of the Contracting Parties to operate the
agreed services on the specified routes.
2. Each Contracting Party shall take all appropriate action
within its jurisdiction to eliminate all forms of discrimination
or unfair competitive practices adversely affecting the
competitive position of the designated airlines of the other
Contracting Party.
3. The total capacity to be provided on the agreed services by
the designated airlines of the Contracting Parties shall be
agreed between the aeronautical authorities of the Contracting
Parties.
4. In operating the agreed services, the designated airline(s)
of each Contracting Party shall take into account the interests
of the designated airline(s) of the other Contracting Party so as
not to affect unduly the services which the latter provide on the
whole or any part of the same routes.
5. The agreed services provided by the designated airlines of
the Contracting Parties shall retain as their primary objective
the provision, at a reasonable load factor, of capacity adequate
to the current and reasonably anticipated requirements for the
carriage of passengers, baggage, and cargo, including mail,
coming from or destined for the territory of the Contracting
Party which has designated the airline(s).
6. The right to take up or discharge on the agreed services
international traffic destined for and coming from third
countries at a point or points on the specified routes shall be
exercised in accordance with the general principles of orderly
development of international air transport and shall be subject
to the general principle that capacity should be related to:
a) the traffic requirements between the country of origin and
the countries of ultimate destination of the traffic; and
b) the requirements of through airline operations; and
c) the traffic requirements of the area through which the
airline passes, after taking account of local and regional air
services.
Article 9
Approval of schedules
The airline(s) designated by one Contracting Party shall
submit its envisaged flight schedules for approval to the
aeronautical authorities of the other Contracting Party at least
sixty (60) days prior to the beginning of the operation. Any
modification to such schedules shall be submitted to the
aeronautical authorities of the other Contracting Party for
approval at least thirty (30) days in advance. In special cases
this time limit may be reduced subject to the consent of the said
aeronautical authorities.
Article 10
Information and statistics
The aeronautical authorities of one Contracting Party shall
supply to the aeronautical authorities of the other Contracting
Party, at their request, such information and statistics as may
be reasonably required for information purposes subject to the
laws and regulations of each Contracting Party.
Article 11
Tariffs
1. Each Contracting Party shall allow tariffs for air services
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; or
b) protection of consumers from tariffs that are unreasonably
high or restrictive due to abuse of a dominant position; or
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, on a non-discriminatory
basis, notification to and registration or filing with its
aeronautical authorities of tariffs to be charged to or from its
territory by the designated airlines of the other Contracting
Party. Such notification or filing by the designated airlines of
both Contracting Parties may be required at least thirty (30)
days before the proposed date of effectiveness. In individual
cases, notification or filing may be permitted on shorter notice
that normally required.
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 designated airline of either
Contracting Party for international air services between the
territories of the Contracting Parties, or a designated airline
of one Contracting Party for international air services between
the territory of the other Contracting Party and the territory of
any other State, including in both cases transportation on an
interline 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 the
information necessary for a reasoned resolution of the issue. If
the Contracting Parties reach an 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.
Article 12
Commercial activities
1. The designated airlines of each Contracting Party shall
have the right to establish representative offices in the
territory of the other Contracting Party. Those representative
offices may include commercial, operational and technical staff
and other specialist staff required for the provision of air
services.
2. The representative offices, representatives and staff shall
be established in accordance with the laws and regulations in
force in the territory of that other Contracting Party.
3. Each Contracting Party grants to any airline designated by
the other Contracting Party the right to sell its transport and
ancillary services on its own transport documents directly in its
own sales offices and through its agents in the territory of the
Contracting Party which grants such right to any customer in
local currency or in any freely convertible other currency.
Article 13
Transfer of revenues
Each designated airline may on demand convert and remit local
revenues in excess of sums locally disbursed to the country of
its choice. Prompt conversion and remittance shall be permitted
without restrictions at the rate of exchange applicable to
current transactions which is in effect at the time such revenues
are presented for conversion and remittance, and shall not be
subject to any charges except those normally made by banks for
carrying out such conversion and remittance.
Article 14
Aviation security
1. Consistent 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, signed at Tokyo on 14 September 1963, the
Convention for the Suppression of Unlawful Seizure of Aircraft,
signed at the Hague on 16 December 1970, the Convention for the
Suppression of Unlawful Acts against the Safety of Civil
Aviation, signed at Montreal on 23 September 1971, the Protocol
for the Suppression of Unlawful Acts of Violence at Airports
Serving International Civil Aviation, signed at Montreal on 24
February 1988, the Convention on the Marking of Plastic
Explosives for the Purpose of Detection, signed at Montreal on 1
March 1991 and any other convention governing aviation security
binding upon both Contracting Parties.
2. The Contracting Parties shall provide upon request all
necessary assistance to each other to prevent acts of unlawful
seizure of civil aircraft and other unlawful acts against the
safety of such aircraft, their passengers and crew, airports and
air navigation facilities, and any other threat to the security
of civil aviation.
3. The Contracting Parties shall, in their mutual relations,
act in conformity with the aviation security provisions
established by the International Civil Aviation Organization and
designated as Annexes to the Convention to the extent that such
security provisions are applicable to the Contracting Parties;
they shall require that their airlines and the operators of
airports in their territories act in conformity with such
aviation security provisions.
4. Each Contracting Party agrees that its airlines may be
required to observe the aviation security provisions referred to
in paragraph 3 of this Article required by the other Contracting
Party for the entry into, departure from, or while, within the
territory of that other Contracting Party. Under the law
applicable, each Contracting Party shall ensure that adequate
measures are effectively applied within its territory to protect
the aircraft and to inspect passengers, crew, carry-on items,
baggage, cargo, in-flight catering and aircraft stores prior to
and during boarding or loading. Each Contracting Party shall also
give sympathetic consideration to any request from the other
Contracting Party for reasonable special security measures to
meet a particular threat.
5. When an incident or threat of an incident of unlawful
seizure of civil aircraft or other unlawful acts against the
safety of such aircraft, their passengers and crew, 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 thereof.
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 the first Contracting Party may request immediate
consultations with the aeronautical authorities of the other
Contracting Party. Failure to reach a satisfactory agreement
within thirty (30) days from the date of such request shall
constitute grounds for withholding, revoking, suspending,
limiting or imposing conditions on the operating authorization of
the designated airline(s) of the other Contracting Party. If
required by an emergency or to prevent further non-compliance
with the provisions of this Article, the first Contracting Party
may take interim action at any time prior to the expiry of thirty
(30) days. Any action taken in accordance with this paragraph
shall be discontinued upon compliance by the other Contracting
Party with the security provisions of this Article.
Article 15
Aviation safety
1. Each Contracting Party may request consultations at any
time concerning safety standards maintained by the other
Contracting Party in any area relating to aeronautical
facilities, flight crew, aircraft or the operation of aircraft.
Such consultations shall take place within thirty (30) days of
that request.
2. 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 a
longer period as may be agreed upon, shall be grounds for the
application of Article 5 of this Agreement.
3. It is agreed that any aircraft operated by the designated
airline(s) of one Contracting Party on services to or from the
territory of the other 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.
4. 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 to 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.
5. In the event that access for the purpose of undertaking a
ramp inspection of an aircraft operated by the airline designated
by one Contracting Party in accordance with paragraph 3 of this
Article is denied by the representative of that airline, the
other Contracting Party shall be free to infer that serious
concerns of the type referred to in paragraph 4 of this Article
arise and draw the conclusions referred to in that paragraph.
6. Each Contracting Party reserves the right to suspend or
vary the operating authorization of the airline(s) 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 a ramp
inspection, consultations or otherwise, that immediate action is
essential to the safety of an airline operation.
7. Any action by one Contracting Party in accordance with
paragraph 2 or 6 of this Article shall be discontinued once the
basis for the taking that action ceases to exist.
Article 16
Application of laws and regulations
1. The laws and regulations of one Contracting Party relating
to the entry into or departure from its territory of aircraft
engaged in international air services or to the operation and
navigation of such aircraft while within the said territory shall
be applied to the aircraft of the designated airline(s) of the
other Contracting Party.
2. The laws and regulations of one Contracting Party governing
the entry into, stay in or departure from its territory of
passengers, crew, cargo or mail, such as those concerning the
formalities regarding entry, exit, emigration, immigration,
customs, currency, health and quarantine shall be applied to
passengers, crew, cargo and mail carried by the aircraft of the
designated airline(s) of the other Contracting Party, while they
are within the territory of the first Contracting Party.
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
transportation in the application of its laws and regulations set
forth in this Article.
Article 17
Consultations
1. In a spirit of close cooperation the aeronautical
authorities of the Contracting Parties shall consult each other
from time to time with a view to ensuring the implementation of
and satisfactory compliance with the provisions of this Agreement
and the Annex I and II thereto.
2. Such consultation, which may be through discussions or by
correspondence, shall begin within a period of sixty (60) days
from the date of receipt of the written request, unless otherwise
agreed by the Contracting Parties.
Article 18
Settlement of disputes
1. If any dispute arises between the Contracting Parties
relating to the interpretation or application of this Agreement,
the Contracting Parties shall, in the first place, endeavor to
settle 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. If they do not so agree, the dispute may, at
the request of either Contracting Party, be submitted for
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 period of sixty (60) days from the date of
receipt by either Contracting Party from the other Contracting
Party of a notice through diplomatic channels requesting
arbitration of the dispute by such a tribunal, and the third
arbitrator shall be appointed within a further period of sixty
(60) 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 International Civil Aviation
Organization may at the request of either Contracting Party
appoint an arbitrator or arbitrators as the case requires. If the
President of the Council of the International Civil Aviation
Organization 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. In all cases, the
third arbitrator shall be a national of a third State and shall
act as president of the arbitral tribunal. The arbitral tribunal
shall determine its own procedure.
3. The Contracting Parties shall comply with any decisions,
including any interim recommendation, given under paragraph 2 of
this Article.
4. If and for so long as either Contracting Party or any
designated airline of either Contracting Party fails to comply
with a decision given under paragraph 3 of this Article, the
other Contracting Party may limit, suspend or revoke any rights
or privileges which it has granted by virtue of this
Agreement.
5. Each Contracting Party shall bear the costs of the
arbitrator appointed by it. The other costs of the arbitral
tribunal shall be equally shared by the Contracting Parties.
Article 19
Amendments
1. If either Contracting Party considers it desirable to amend
any provisions of this Agreement, it may at any time request
consultations with the other Contracting Party. Such
consultations may be through discussions or by correspondence,
and shall begin within a period of sixty (60) days from the date
of receipt of the request. Any amendments so agreed shall enter
into force in accordance with Article 22 of this Agreement.
2. If a general multilateral convention or agreement
concerning air transport comes into force in respect of both
Contracting Parties, this Agreement shall be amended so as to
conform to the provisions of such convention or agreement.
Article 20
Registration
This Agreement and any amendments thereto shall be registered
with the International Civil Aviation Organization.
Article 21
Termination
Either Contracting Party may at any time give notice in
writing through diplomatic channels to the other Contracting
Party of its decision to terminate this Agreement. Such notice
shall be simultaneously communicated to the International Civil
Aviation Organization. In such case, this Agreement shall be
terminated at midnight (at local time of the Contracting Party,
which has received the notice) upon the expiration of twelve (12)
months from the date of receipt of the notice by the other
Contracting Party, unless the notice is withdrawn by agreement
between the Contracting Parties before the expiry of this period.
In the absence of acknowledgement of receipt by the other
Contracting Party, the notice shall be deemed to have been
received fourteen (14) days after receipt of the notice by the
International Civil Aviation Organization.
Article 22
Entry into force
This Agreement shall enter into force thirty (30) days from
the last written notification through diplomatic channels by
which the Contracting Parties have confirmed the completion of
their respective internal procedures for its entry into
force.
IN WITNESS WHEREOF, the undersigned, being duly authorized
thereto by their respective Governments, have signed this
Agreement.
Done in duplicate at New York, this 28th day of
September, 2018, in the Latvian, Korean and English languages,
all texts being equally authentic. In the case of any divergence
of interpretation, the English text shall prevail.
For the Government of
the Republic of Latvia
Edgars Rinkēvičs |
For the Government of
the Republic of Korea
Kang Kyung-wha |
ANNEX I
Route Schedule
1. Routes to be operated by the designated airline(s) of the
Republic of Korea:
| Points of origin |
Intermediate points |
Points of destination |
Beyond points |
| Any points in the Republic of
Korea |
Any points |
Any points in the Republic of
Latvia |
Any points |
2. Routes to be operated by the designated airline(s) of the
Republic of Latvia:
| Points of origin |
Intermediate points |
Points of destination |
Beyond points |
| Any points in the Republic of
Latvia |
Any points |
Any points in the Republic of
Korea |
Any points |
3. The designated airlines of both Contracting Parties may, on
all or any flights, omit calling at any of the above points
provided that the agreed services on the route begin at the
points of origin in the Contracting Party designating the
airline.
4. The exercise of fifth freedom traffic rights on specified
intermediate and/or beyond points shall be subject to an
agreement between the aeronautical authorities of both
Contracting Parties.
ANNEX II
Eligibility to own and control
airlines designated by the Republic of Latvia
List of countries (other than European Union Member States)
which and whose nationals are eligible to own and control
airlines designated by the Republic of Latvia:
1) The Republic of Iceland (under the Agreement on the
European Economic Area);
2) The Principality of Liechtenstein (under the Agreement on
the European Economic Area);
3) The Kingdom of Norway (under the Agreement on the European
Economic Area);
4) The Swiss Confederation (under the Agreement on the
European Community and the Swiss Confederation on Air
Transport).
