Aptauja ilgs līdz 23. oktobrim.
Saeima ir pieņēmusi un Valsts Par Latvijas Republikas valdības un Apvienoto Arābu Emirātu valdības nolīgumu par gaisa satiksmi1.pants. 2014.gada 25.septembrī parakstītais Latvijas Republikas valdības un Apvienoto Arābu Emirātu valdības nolīgums par gaisa satiksmi (turpmāk - Nolīgums) ar šo likumu tiek pieņemts un apstiprināts. 2.pants. Nolīgumā paredzēto saistību izpildi koordinē Satiksmes ministrija. 3.pants. Latvijas Republikas Ārlietu ministrija saskaņā ar Nolīguma 17.pantu reģistrē Nolīgumu Starptautiskajā civilās aviācijas organizācijā. 4.pants. Nolīgums stājas spēkā tā 18.pantā noteiktajā laikā un kārtībā, un Ārlietu ministrija par to paziņo oficiālajā izdevumā "Latvijas Vēstnesis". 5.pants. Likums stājas spēkā nākamajā dienā pēc tā izsludināšanas. Līdz ar likumu izsludināms Nolīgums latviešu un angļu valodā. Likums Saeimā pieņemts 2015.gada 21.maijā. Valsts prezidents A.Bērziņš Rīgā 2015.gada 3.jūnijā
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Latvijas Republikas vārdā |
Apvienoto Arābu Emirātu vārdā |
Edgars Rinkēvičs | Abdullah bin Zayed Al Nahyan |
PIELIKUMS
MARŠRUTU SARAKSTS
1.sadaļa:
Maršruti, kuros pārvadājumus veic Latvijas Republikas nozīmētā aviokompānija vai aviokompānijas.
No | Starppunkti | Uz | Punkti aiz AAE |
Jebkuri punkti Latvijā | Jebkuri punkti | Jebkuri punkti AAE | Jebkuri punkti |
2.sadaļa:
Maršruti, kuros pārvadājumus veic Apvienoto Arābu Emirātu (AAE) nozīmētā aviokompānija vai aviokompānijas.
No | Starppunkti | Uz | Punkti aiz Latvijas |
Jebkuri punkti AAE | Jebkuri punkti | Jebkuri punkti Latvijā | Jebkuri punkti |
Nolīgumā noteiktās satiksmes veikšana
1. Abu Līgumslēdzēju Pušu nozīmētās aviokompānijas var jebkurā vai visos lidojumos un pēc savas izvēles veikt lidojumus vienā vai abos virzienos; apkalpot starppunktus un punktus aiz abu Līgumslēdzēju Pušu teritoriju robežām maršrutos jebkurā kombinācijā un jebkurā kārtībā; nepieturēt jebkurā vai visos starppunktos vai punktos aiz abu Līgumslēdzēju Pušu teritoriju robežām; apkalpot punktus katras Līgumslēdzējas Puses teritorijā jebkurā kombinācijā; pārcelt satiksmi no jebkura to izmantotā gaisa kuģa uz jebkuru citu gaisa kuģi jebkurā maršruta punktā vai punktos; apvienot dažādus lidojumu numurus vienā gaisa kuģa veiktajā lidojumā; un izmantot savu vai iznomātu gaisa kuģi.
2. Abu Līgumslēdzēju Pušu nozīmētās aviokompānijas ir tiesīgas izmantot, jebkurā pakalpojumu veidā (pasažieri, krava, atsevišķi vai kombinēti), pilnas piektās brīvības satiksmes tiesības uz/no jebkuriem starppunktiem vai punktiem aiz abu Līgumslēdzēju Pušu teritoriju robežām.
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).