Pie likuma

Par Latvijas Republikas vald"bas un Taizemes Karalistes vald"bas nol"gumu par gaisa satiksmi

("Latvijas VŽstnesis", 1997.gada 27.februŒr", Nr.60)

Air Services Agreement

between

the Government of the Republic of Latvia

and the Government of the Kingdom of Thailand

The Government of the Republic of Latvia and the Government of the Kingdom of Thailand,

hereinafter called in this Agreement the Contracting Parties,

being Parties to the Convention on International Civil Aviation, opened for signature at Chicago, on the seventh day of December, 1944,

desiring to conclude an Agreement, for the purpose of establishing scheduled air services between and beyond their respective territories,

have agreed as follows:

Article 1

DEFINITIONS

1. For the purpose of this Agreement, unless the context otherwise requires:

a) the term "the Convention" means the Convention on International Civil Aviation, opened for signature at Chicago, on the seventh day of December, 1944, and includes any Annex adopted under Article 90 of that Convention and any amendment of the Annex or Convention under Articles 90 and 94 thereof insofar as these have become effective for both Contracting Parties;

b) the term "aeronautical authorities" means, in the case of the Government of the Republic of Latvia the Ministry of Transport and, in the case of the Government of the Kingdom of Thailand the Minister of Transport and Communications or any other authority legally empowered to perform the functions exercised now by the said authorities;

c) the term "designated airline" means an airline(s) which one Contracting Party has designated, in accordance with Article 6 of the present Agreement, for operation of the agreed air services;

d) the term "tariff" means the prices to be paid for the carriage of passengers, baggage and cargo and the conditions under which these prices apply, including commission charges and other additional remuneration for agency or sale of transportation documentation, but excluding remuneration and conditions for the carriage of mail.

2. The Annex forms an integral part of the present Agreement. All references to the Agreement shall include the Annex unless explicitly agreed otherwise.

Article 2

GRANT OF RIGHTS

1. Each Contracting Party grants to the other Contracting Party the rights specified in the present Agreement for the purpose of operating air services on the routes specified in the schedules of the Annex. Such services and routes are hereinafter called "agreed services" and "specified routes" respectively.

2. Subject to the provisions of the present Agreement the airline(s) designated by each Contracting Party shall enjoy, while operating international air services:

a) the right to fly without landing across the territory of the other Contracting Party;

b) the right to make stops in the said territory for non-traffic purposes;

c) the right to embark and disembark in the said territory at the points specified in the Annex of present Agreement passengers, baggage, cargo and mail destined for or coming from points in the territory of the other Contracting Party;

d) the right to embark and disembark in the territory of third countries at the points specified in the Annex of the present Agreement passengers, baggage, cargo and mail destined for or coming from points in the territory of the other Contracting Party, specified in the Annex of the present Agreement.

3. Nothing in paragraph 2 of this Article shall be deemed to confer on the designated airline(s) of one Contracting Party the privilege of taking on board, in the territory of the other Contracting Party, passengers and cargo including mail carried for hire or reward and destined for another point in the territory of that other Contracting Party.

4. If because of armed conflict, natural calamities, political disturbances or disruptive developments, the designated airline(s) of one Contracting Party is unable to operate a service on its normal routing, the other Contracting Party shall use its best efforts to facilitate the continued operation of such service through appropriate rearrangements of such routes.

Article 3

EXERCISE OF RIGHTS

1. The designated airline(s) of each Contracting Party shall have fair and equal opportunity to carry on the agreed services traffic embarked in the territory of one Contracting Party and disembarked in the territory of the other Contracting Party or vice versa and shall regard as being of supplementary character traffic embarked or disembarked in the territory of the other Contracting Party to and from points en route. The designated airline(s) of each Contracting Party in providing capacity for the carriage of traffic embarked in the territory of the other Contracting Party and disembarked at points on the specified routes or vice versa shall take into consideration the primary interest of the designated airline(s) of the other Contracting Party in such traffic so as not to affect unduly that interest of the latest airline(s).

2. The agreed services provided by the designated airline(s) of each Contracting Party shall be closely related to the requirements of the public for transportation on the specified routes, and each shall have as its primary objective the provision of capacity adequate to meet the demands to carry passengers cargo and mail embarked or disembarked in the territory of the Contracting Party which has designated the airline(s).

3. Provision for the carriage of passengers, cargo and mail embarked in the territory of the other Contracting Party and disembarked at points in third countries on the specified routes or vice versa shall be made in accordance with the general principle that capacity shall be related to:

a) the requirements of traffic embarked or disembarked in the territory of the Contracting Party which has designated the airline(s);

b) the requirements of traffic of the area through which the airline(s) passes, after taking account of other air services established by airlines of the States situated in that area; and

(c) the requirements of economical through airline operation.

4. The capacity to be provided at the outset shall be agreed between both Contracting Parties before the agreed services are inaugurated. Thereafter, the capacity to be provided shall be discussed from time to time between the aeronautical authorities of the Contracting Parties and any change in capacity agreed upon shall be confirmed by an Exchange of Notes.

Article 4

APPLICATION OF LAWS AND REGULATIONS

1. The laws and regulations of one Contracting Party governing entry into and departure from its territory of aircraft engaged in international air navigation or flights of such aircraft over that territory shall apply to the designated airline(s) of the other Contracting Party.

2. The laws and regulations of one Contracting Party governing entry into, sojourn in, and departure from its territory passengers, crew, baggage, cargo or mail, such as formalities regarding entry, exit, emigration and immigration, as well as customs and sanitary measures shall apply to passengers, crew, baggage, cargo and mail carried by the aircraft of the designated airline(s) of the other Contracting Party while they are within the said territory.

3. Neither Contracting Party may grant any preference to its own airline with regard to the designated airline(s) of the other Contracting Party in the application of the laws and regulations provided for in this Article.

Article 5

AVIATION SECURITY

1. Consistent with their rights and obligations under international law, the Contracting Parties reaffirm their obligation to each other to protect the security of civil aviation against acts of unlawful interference. Without limiting the generality of their rights and obligations under international law the Contracting Parties shall, in particular, act in conformity with the Convention on Offenses and Certain Other Acts Committed on Board Aircraft signed at Tokyo on 14 September 1963 the provision of the Convention for the Suppression of Unlawful Seizure of Aircraft signed at the Hague on 16 December 197O and the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation signed at Montreal on 23 September 1971 or of any other Aviation Security Conventions to which the two parties may adhere.

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 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 on International Civil Aviation to the extent that such security provisions are applicable to the Contracting Parties; they shall require that operators of aircraft of their registry or operators of aircraft who have their principal place of business or permanent residence in their territory and the operators of airport in their territory act in conformity with such aviation security provisions.

4. Each Contracting Party agrees that such operators of aircraft may be required to observe the aviation security provisions referred to in paragraph 3 above required by the other Contracting Party for entry into, departure from, or while within the territory of that other Contracting Party. 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 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.

Article 6

DESIGNATION AND OPERATING AUTHORIZATIONS

1. Each Contracting Party shall have the right to designate in writing to the other Contracting Party one airline or two airlines for the purpose of operating the agreed services on the specified routes.

2. On receipt of such designation, the aeronautical authorities of the other Contracting Party shall, subject to the provisions of paragraphs 4 and 5 of this Article, without delay grant to a designated airline the appropriate operating authorizations.

3. Each Contracting Party shall have the right, by written notification to the other Contracting Party, to withdraw the designation of any such airline and to designate another one.

4. An airline designated by either Contracting Party may be required to satisfy the other Contracting Party that it is qualified to fulfill the conditions prescribed by the laws and regulations normally and reasonably applied by this Contracting Party to the operation of international air services in conformity with the provisions of the Convention.

5. Each Contracting Party shall have the right to refuse to grant the operating authorizations referred to in paragraph 2 of this Article, or to impose such conditions as it may deem necessary on the exercise by a designated airline of the rights specified in Article 2 of the present Agreement, in any case where the said Contracting Party is not satisfied that substantial ownership and effective control of that airline are vested in the Contracting Party designating the airline(s) or in its nationals.

6. When an airline(s) has been so designated and authorized, it may at any time begin to operate the agreed services, provided that a tariff, established in accordance with the provisions of Article 14 of present Agreement, is in force and an agreement in accordance with the provisions of Article 3 of the present Agreement has been reached in respect of that service.

Article 7

SUSPENSION AND REVOCATION

1. Each Contracting Party shall have the right to suspend the exercise of the rights specified in Article 2 of the present Agreement by the airline(s) designated by the other Contracting Party, or to revoke the operating authorization, or to impose such conditions as it may deem necessary on the exercise of these rights:

a) in any case where it is not satisfied that substantial ownership and effective control of said airline(s) are vested in the Contracting Party designating the airline(s) or in its nationals, or

b) in the case of failure by said airline(s) to comply with the laws or regulations of the Contracting Party granting these rights, or

c) in case the airline(s) otherwise fail to operate in accordance with the conditions prescribed under the present Agreement.

2. Unless immediate suspension, revocation or imposition of the conditions mentioned in paragraph 1 of this Article is essential to prevent further infringements of laws or regulations, such right shall be exercised only after consultations with the other Contracting Party. In such a case consultations shall begin within a period of sixty (6O) days from the date of request made by either Contracting Party for consultations.

Article 8

RECOGNITION OF CERTIFICATES AND LICENSES

1. Certificates of airworthiness, certificates of competency and licenses issued or rendered valid by one of the Contracting Parties shall, during period of their validity, be recognized as valid by the other Contracting Party, provided that the requirements under which such certificates or licenses 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, for the purpose of flights above its own territory, certificates of competency and licenses granted to its own nationals or rendered valid for its own nationals by another State.

Article 9

EXEMPTION OF DUTIES AND TAXES

1. Aircraft operated on international services by the designated airline(s) of one Contracting Party, as well as their normal board equipment, supplies of fuel and lubricants and the aircraft stores, including food, beverages and tobacco carried on board such aircraft, shall, on entering into the territory other Contracting Party, be exempt from all duties or taxes, provided such equipment, supplies and stores remain on board the aircraft until they are re-exported.

2. There shall also be exempt from the same duties and taxes, with exception of charges corresponding to the services rendered:

a) aircraft stores taken on board in the territory of one Contracting Party, within the limits fixed by the competent authorities of the said Contracting Party, and intended for use on board the aircraft operated on an international services by the designated airline(s) of the other Contracting Party;

b) aircraft spare parts and normal board equipment imported into the territory of one Contracting Party for the maintenance or repair of aircraft operated on international services;

c) fuel and lubricants destined for the designated airline(s) of one Contracting Party to supply aircraft operated on international services, even when supplies are to be used on the part of the journey performed over the territory over the Contracting Party in which they have been taken on board.

3. The normal board equipment, as well as the materials and supplies retained on board the aircraft operated by the designated airline(s) 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 territory. In such case they may be placed under the supervision of the said authorities until they are re-exported or otherwise disposed of in accordance with customs regulations.

Article 10

DIRECT TRANSIT TRAFFIC

1. Passengers, baggage, cargo and mail in direct transit across the territory of either Contracting Party and not leaving the area of the airport reserved for such purpose shall, except in respect of security measures against violence and air piracy as well as smuggling of narcotic drugs, be subject to no more than a simplified control.

2. Baggage, cargo and mail in direct transit shall be exempt from customs duties and other similar taxes.

Article 11

USER CHARGES

1. Each Contracting Party shall use its best efforts to ensure that user charges imposed or permitted to be imposed by its competent authorities on the designated airline(s) of the other Contracting Party are just and reasonable. They shall be based on sound economic principles.

2. Charges for the use of airport and air navigation facilities and services offered by one Contracting Party to the designated airline(s) of the other Contracting Party should not be higher than those which have to be paid by national aircraft operating on scheduled international services.

Article 12

COMMERCIAL ACTIVITIES

1. The designated airline(s) of one Contracting Party may, in accordance with the laws and regulations of the other Contracting Party relating to entry, residence and employment, bring in and maintain in the territory of the other Contracting Party managerial sales, technical, operational and other specialist staff required for the operation for the agreed services.

2. For the commercial activities the principle of the reciprocity shall apply. The competent authorities of each Contracting Party will take all necessary steps to insure that the representations of the airline(s) designated by the other Contracting Party may exercise its activities in an orderly manner.

3. In particular, each Contracting Party grants to the designated airline(s) of the other Contracting Party the right to engage in the sale of air transportation in its territory directly and, at the airline's discretion, through its agents. Each airline shall have the right to sell such transportation, and any person shall be free to purchase such transportation in the currency of that territory or, subject to the national laws and regulations, in freely convertible currencies of other countries.

Article 13

TRANSFER OF NET REVENUES

1. Each Contracting Party grants to the designated airline(s) of the other Contracting Party the right of free transfer of the excess of receipts over expenditure, earned on its territory in connection with the carriage of passengers, baggage, mail and freight by the designated airline(s) of the other Contracting Party, in a freely convertible currency at the official rate of exchange on the day the transfer is made. Transfers shall be effected immediately, at the latest within sixty (6O) days after the date of request.

2. Where a special payment agreement exists between the Contracting Parties, payments shall be effected in accordance with the provisions of that Agreement.

Article 14

TARIFFS

1. The tariffs to be charged by the designated airline(s) of one Contracting Party for the carriage to or from the territory of the other Contracting Party shall be established at reasonable levels, due regard being paid to all relevant factors including operating costs, reasonable profit and characteristics of services, such as standards of speed and accommodation.

2. The tariffs referred to in paragraph 1 of this Article shall, if possible, be established by mutual agreement by the designated airlines of both Contracting Parties, and if necessary taking into account the tariffs applied by the other airlines operating over the whole or part of the same route.

3. The tariffs so agreed shall be submitted for approval to the aeronautical authorities of the Contracting Parties at least sixty (60) days before the proposed date of their introduction. In special cases, this time limit may be reduced, subject to the agreement of the said authorities. Upon receipt of the submission of the tariffs, the aeronautical authorities shall consider such tariffs without undue delay. The aeronautical authorities may notify the other aeronautical authorities of an extension of the proposed date of tariffs introduction. No tariff shall come into force if the aeronautical authorities of either Contracting Party is dissatisfied with it.

4. If the designated airlines cannot agreed, or if the tariffs are not approved by the aeronautical authorities of one Contracting Party, the aeronautical authorities of both Contracting Parties shall endeavour to determine the tariffs by mutual agreement. Unless otherwise agreed such negotiations shall begin within thirty (30) days from the date when it is ascertained that the designated airlines cannot agree upon the tariffs or the aeronautical authorities of one Contracting Party have notified the aeronautical authorities of the other Contracting Party of their disapproval of the tariffs.

5. In default of agreement the dispute shall be submitted to the procedure provided for in Article 18 hereafter.

6. The tariffs established in accordance with the provisions of this Article shall remain in force until new tariffs have been established in accordance with the provisions of this Article.

7. The aeronautical authorities of each Contracting Party shall exercise their best efforts to ensure that the designated airlines conform to the agreed tariffs filed with the aeronautical authorities of the Contracting Parties as well as to the laws or regulations in this regard.

Article 15

TIME - TABLE SUBMISSION

As long in advance as practicable, but not less than thirty (30) days, before the introduction of an agreed service or any modification thereof, or within thirty (30)days after receipt of a request from the aeronautical authorities, the designated airline (s) of one Contracting Party shall provide to the aeronautical authorities of the other Contracting Party information regarding the nature of service, time-table, types of aircraft including the capacity provided on each of the specified routes and any further information as may be required to satisfy the aeronautical authorities of the other Contracting Party that the requirements of this Agreement are being duly observed.

Article 16

PROVISION OF STATISTICS

The aeronautical authorities of both Contracting Party shall supply each other, on request, with periodic statistics or other similar information relating to the traffic carried on the agreed services.

Article 17

CONSULTATIONS

Either Contracting Party may at any time request consultations on any problem related to this Agreement. Such consultations shall begin within a period of sixty days from the date the other Contracting Party receives the 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 the present 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 negotiations, they may agree to refer the dispute for decision to some person or body, or the dispute may at the request of either Contracting Party be submitted 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 of a notice through diplomatic channels requesting arbitration of the dispute, and the third arbitrator shall be appointed within a further period of thirty (30) 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 specified period, the President of the Council of the International Civil Aviation Organization may be requested by either Contracting Party to appoint an arbitrator or arbitrators as the case requires. Where the President possesses the nationality of one of the two Contracting Parties or is otherwise prevented from carrying out this function, his deputy in office shall make the necessary appointments. The third arbitrator shall be a national of a third State and shall act as president of the arbitral body.

3. The Contracting Parties undertake to comply with any decisions given under paragraph 2 of this Article.

4. If and for so long as either Contracting Party fails to comply with a decision given under paragraph 2 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 to the Contracting Party in default.

5. Each Contracting Party shall bear the expenses and remuneration necessary for its arbitrator, the fee for the third arbitrator and the expenses necessary for this one as well as those due to the activity of the arbitration shall be equally shared by the Contracting Parties.

Article 19

MODIFICATIONS

1. If either of the Contracting Parties considers it desirable to modify any provision of the present Agreement, such modification, if agreed between the Contracting Parties, shall come into force when confirmed by an Exchange of Diplomatic Notes.

2. Modifications to the Annex of the present Agreement may be agreed directly between the aeronautical authorities of the Contracting Parties. They shall be applied provisionally from the date they have been agreed upon and enter into force when confirmed by an Exchange of Diplomatic Notes.

3. In the event of the conclusion of any general multilateral convention concerning air transport by which both Contracting Parties become bound, the present Agreement shall be so modified as to conform with the provisions of such convention.

Article 20

TERMINATION

1. Each Contracting Party may at any time give notice in writing to the other Contracting Party of its decision to terminate the present Agreement. Such notice shall simultaneously be communicated to the International Civil Aviation Organization.

2. The Agreement shall terminate at the end of a time-table period during which twelve (12) months after the date of receipt of the notice will have elapsed, unless the notice is withdrawn by mutual agreement before the expiry of this period.

3. In default of acknowledgment of receipt by the other Contracting Party, the notice shall be deemed to have been received fourteen (14) days after the date on which the International Civil Aviation Organization will have received communication thereof.

Article 21

REGISTRATION

This Agreement and all amendments thereto shall be registered with, and communicated to the International Civil Aviation Organization by the both Contracting Parties.

Article 22

ENTRY INTO FORCE

The two Contracting Parties shall notify one another by exchange of Diplomatic Notes that their respective requirements for the entry into force of the Agreement have been completed. The Agreement shall enter into force on the date of the later of the two Notes.

IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized thereto by their respective Governments, have signed the present Agreement.

Done in duplicate in the English language in Bangkok at 8 day of November, 1996.

For the Government of For the Government of

the Republic of Latvia the Kingdom of Thailand

ANNEX to the Air Services Agreement between the Government of the Republic of Latvia and the Government of the Kingdom of Thailand

1. The airlines designated by the Government of the Republic of Latvia shall be entitled to operate scheduled air services in both directions on the route specified hereafter:

Points of origin: Points in the Republic of Latvia

Points of destination: Points in the Kingdom of Thailand

Roving points: Any two intermediate points

1. The airlines designated by the Government of the Kingdom of Thailand shall be entitled to operate scheduled air services in both directions on the route specified hereafter:

Points of origin: Points in the Kingdom of Thailand

Points of destination: Points in the Republic of Latvia

Roving points: Any two intermediate points

3. The designated airlines of either Contracting Party may, on any or all flights, omit any point or points on the route specified above, provided that the point of origin or destination is in the territory of that Party.