Agreement between the Government of the Republic of Latvia and the Government of the Republic of Bulgaria concerning Air Services between and beyond their Respective Territories

 

The Government of the Republic of Latvia and the Government of the Republic of Bulgaria 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 of December, 1944;

Confirming their will to contribute to the progress of the international civil aviation;

Desiring to establish air services between and beyond their respective territories;

Decided to conclude this Agreement and have agreed as follows:

Article 1

DEFINITIONS

1) For the purpose of the interpretation and application 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 Annexes or the Convention under Articles 90 and 94 thereof, insofar as those Annexes and amendments 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 Republic of Bulgaria the Ministry of Transport, Civil Aviation Authorities, or in both cases any person or body duly authorized to perform any functions exercised by the said authorities;

c) the term "designated airline(s)" means the airline(s) which has been designated and authorized in accordance with Article 3 of the present Agreement;

d) the term "territory" in relation to the Republic of Bulgaria means the land areas, the inland and territorial waters belonging to it and the airspace above under the sovereignty of that state;

e) the term "territory" in relation to the Republic of Latvia has the meaning of Article 2 of the Convention;

f) the terms "air services", "international air service", "airline(s)" , and "stop for non-traffic purposes" have the meaning respectively to them in Article 96 of the Convention;

g) the term "capacity" in relation to an aircraft means the payload of the aircraft available on the route or section of a route;

h) the term "capacity" in relation to a specified air services means the capacity of aircraft, used on such service, multiplied by the frequency of the flights, operated by such an aircraft over a given period and route or section of route;

i) the term "tariff" means the prices to be paid for the carriage of passengers or cargo and the conditions under which those prices, apply, including prices and conditions for agency and other auxiliary services, but excluding remunerations or conditions for the carriage of mail.

2) The Annex to this Agreement is consider an inseparable part of it, and any reference to the Agreement includes the Annex and the amendments except as otherwise provided herein.

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 establishing and operating agreed services on specified routes. The airline(s), designated by each Contracting Party shall enjoy, while operating an agreed service on a specified route, the right to make stops in the said territory at the points, specified in the Annex to it for the purpose of putting down or taking up international traffic of passengers, cargo and mail destined for or coming from points in the territory of the other Contracting Party.

2) The provisions in paragraph (1) of this Article shall not be deemed to confer on the airline(s) of one Contracting Party the privilege of taking up in the territory of the other Contracting Party passengers, cargo or mail carried for remuneration or hire and destined for another point in the territory of that other Contracting Party.

3) In addition to the rights granted in paragraph (1) of this Article, each Contracting Party grants also to the airline(s) of the other Contracting party for international air services;

a) the right to fly across its territory without landing;

b) the right to land in such territory for non-traffic purposes.

Article 3

DESIGNATION OF AIRLINES

AND OPERATING AUTHORIZATION

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

2) Each Contracting Party shall notify in writing to the other contracting Party the substitution of its designated airline(s) by another designated airline(s).

3) On receipt of such designation, the aeronautical authorities of each Contracting Party shall grant without delay, subject to the provisions of paragraph (4) and (5) of this Article to the airline(s) designated by the other Contracting Party the appropriate operating authorization.

4) Aeronautical authorities of each Contracting Party may require the airline(s), designated by the other Contracting Party to satisfy them that it is qualified to fulfill the conditions prescribed under the laws and regulations normally and reasonably applied to the operation of international air services by such authorities in conformity with the provisions of the Convention.

5) Aeronautical authorities of each Contracting Party shall have the right to refuse to grant the operating authorization referred to in paragraph (3) of this Article, or to impose such conditions as it may deem necessary on the exercise by a designated airline(s) 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(s) 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 being at any time to operate any agreed service, provided a tariff and schedule established in accordance with the provisions of Article 6 and 9 of the present Agreement are in force in respect of that service.

Article 4

REVOCATION OR SUSPENSION OF RIGHTS

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

a) in any case where there is reason to doubt that substantial ownership and effective control of that airline(s) are vested in the Contracting Party designating the airline(s) or in its nationals; or

b) in the case of failure by that airline(s) to comply with the laws or regulations in force in the territory 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 revocation, suspension 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 consultation with the other Contracting Party.

Article 5

CAPACITY REGULATIONS

The capacity to be operated on the agreed scheduled air services shall be subject to the following conditions:

1) There shall be fair and equal opportunity for the airlines designated by both Contracting Parties to operate the agreed services on the specified routes between their territories.

2) In operating the agreed services, the airline(s) designated by each Contracting Party shall take into account the interests of the airline(s) of the other Contracting Party so as not to affect unduly the services which the latter provide on the whole or part of the same routes.

3) The agreed services provided by the designated airline(s) of the Contracting Parties shall bear close relationship to the requirements of the public for transportation on the specified routes and shall have as their primary objective the provision, at a reasonable load factor, of capacity adequate to the current and reasonably anticipated traffic demands between the territories of the Contracting Parties. The right of such airline(s) to embark or disembark international traffic destined for and coming from third countries at a point or points on the routes specified in this Agreement, shall be exercised in accordance with the general principle that capacity should be related to:

a) traffic requirements to and from the territory of the Contracting Party which has designated the airline(s);

b) traffic requirements of the area through which the service(s) pass(es), after taking into account of local and regional services provided by airlines of the States comprising the area;

c) the requirements of an economical operation of the agreed services.

Article 6

APPROVAL OF SCHEDULE

The airline(s) designated by one Contracting Party shall submit its or their traffic programme for approval to the aeronautical authorities of the other Contracting Party at least thirty (30) days prior to the beginning of the operation. The programme shall include in particular the timetables, the frequencies of the services, and the types of aircraft to be used. Each alteration made at a later date shall be communicated to the aeronautical authorities for approval.

Article 7

EXEMPTIONS FROM DUTIES AND TAXES

1) Each Contracting Party shall on a basis of reciprocity exempt the aircraft of the designated airline(s) of the other Contracting Party to the fullest extent possible under its national law from import restrictions, customs duties, excise taxes, inspection fees and other national duties and charges, supplies of fuel and lubrication oils, consumable technical supplies, spare parts including engines, regular aircraft equipment, aircraft stores (including liquor, tobacco, beverages and other products destined for sale to passengers in limited quantities during the flight) and other items intended for use solely in connection with the operation or servicing of aircraft of the designated airline(s) of such Contracting Party operating the agreed services, provided such equipment, supplies and stores remain on board the aircraft until they are re-exported.

There shall also be exempt from the same duties and/or taxes printed ticked stock, airway bills, any printed material which bears the insignia of the company printed thereon and usual publicity material distributed without charge by that designated airline(s).

2) The exemption granted by this Article shall apply to the items referred to paragraph 1 above with the exception of charges corresponding to the services rendered:

a) introduced in the territory of one Contracting Party by or on behalf of the designated airline(s) of the other Contracting Party;

b) retained on board the aircraft of the designated airline(s) of one Contracting Party upon arriving to or departing from the territory of the other Contracting Party;

c) taken on board the aircraft of the designated airline(s) of one Contracting Party in the territory of other Contracting Party and intended for use in operating the agreed services whether or not such items are used or consumed wholly or partly within the territory of the Contracting Party granting the exemption, provided such items are not alienated in the territory of the said Contracting Party.

3) The regular airborne equipment, as well as materials and supplies, normally retained on board the aircraft of the designated airline(s) of either 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 supervision of the said authorities up to such time they are reexported or otherwise disposed off in accordance with customs regulations.

Article 8

DIRECT TRANSIT TRAFFIC

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

Article 9

TARIFFS

1) The tariffs to be charged by the designated airline(s) of one Contracting Party for 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 cost of operation, reasonable profit, the characteristics of each service, the interests of the consumers and tariffs of other airlines.

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 after consultation with the other airlines operating over the whole or part of the same route.

3) The tariffs so agreed shall be submitted for the approval of the aeronautical authorities of both Contracting Parties at least 45 (forty five) days before the proposed date of their introduction. In special cases this period may be reduced, subject to the mutual agreement of the said authorities.

4) Notification for approval may be given expressly. If neither of the aeronautical authorities of one Contracting Party give the aeronautical authorities of the other Contracting Party notice of their disapproval within 30 (thirty) days from the date of submission in accordance with the preceding paragraph of this Article, these tariffs shall be considered approved. In the event of the period for submission being reduced as provided in paragraph (3), the aeronautical authorities may agree that the period within which an approval must be notified shall be less than 30 (thirty) days.

5) If a tariff cannot be agreed in accordance with paragraph (2) or if during the period applicable in accordance with paragraph (4) of this Article, one aeronautical authorities give notice of its disapproval of any tariff agreed upon in accordance with the provisions of paragraph (2), the aeronautical authorities of the two Contracting Parties shall endeavor to determine the tariff by mutual agreement.

6) If the aeronautical authorities cannot agree on any tariff submitted to them in accordance with paragraph (3) of this Article, or on the determination of any tariff as specified in paragraph (5) of this Article, the dispute shall by settled in accordance with the provisions of Article 18 of this Agreement.

7) No tariff shall come into force unless the aeronautical authorities of either Contracting Party have approved it.

8) Tariff already established in accordance with the provisions of this Article shall remain in force until a new tariff has been established. Nevertheless, no tariff shall be prolonged by virtue of this paragraph for more than 12 (twelve) months after the date on which it otherwise would have expired.

Article 10

EXCHANGE OF INFORMATION AND STATISTICS

The aeronautical authorities of each Contracting Party shall supply to the aeronautical authorities of the other Contracting Party, at their request, such periodic or other statement of statistics as may be reasonably required for the purpose of reviewing the capacity provided on the agreed services by the designated airline(s) of the Contracting Party referred to first in this paragraph. Such statements shall include all information required to determine the amount of traffic carried by that airline(s) on the agreed services and origin and destination of such traffic.

Article 11

TICKETING, SALE PROMOTION

AND TRANSFER OF NET REVENUES

1) Based on the principle of reciprocity each Contracting Party grants to the designated airline(s) of the other Contracting Party the right to freely issue its own air transport documents and to sell air transport services in the territory of the other Contracting Party either directly or through an agent, in the local currency or in any freely convertible currency in accordance with the respective applicable national laws and regulations.

2) Based on the principle of reciprocity the designated airlines of the Contracting Parties shall have the right to freely transfer from the territory of sale to their home territory at the official rate of exchange and in accordance with applicable currency regulations the excess of receipts over expenditures earned by the airline(s) in connection with the carriage of passengers, cargo and mail. Included in such net transfer shall be revenues from sales, made directly or through an agent of air transport services, and ancillary supplementary services, and normal commercial interest earned on such revenues while on deposit awaiting transfer.

3) Income and profit, obtained by the airline(s) of any Contracting Party on the territory of the other Contracting Party in connection with the carriage of passengers, cargo and mail shall be exempt from income tax and any other taxes imposed by this other Contracting Party.

4) If payments between the Contracting Parties are regulated by a special agreement, this special agreement shall apply.

Article 12

REPRESENTATION

1) The designated airline(s) of one contracting Party shall be allowed on the basis of reciprocity to bring and maintain in the territory of the other Contracting Party their representations with commercial, operational and technical staff as required in connection with the operation of the agreed services. These staff shall be chosen among nationals of either of both Parties as may be necessary.

2) These staff requirements may, at the opinion of the designated airline(s), be satisfied by its own personnel or by using the services of other organization, company or airline operating in the territory of the other Contracting Party, and authorized to perform such services in the territory of that Contracting Party.

3) The representatives and staff shall be subject to the laws and regulations in force in the other Contracting Party, and each Contracting Party shall on the basis of reciprocity and with the minimum of delay grant the necessary work permits, employment visas or other similar documents to the representatives and staff referred to in paragraph (1) of this Article.

Article 13

APPLICATION OF LAWS AND REGULATIONS

1) The laws and regulations of each Contracting Party controlling the admission to or departure from its own territory of aircraft engaged in international navigation or relative to the operation of such aircraft while within its territory, shall be applied to the aircraft of the designated airline(s) of the other Contacting Party.

2) The laws and regulations of each Contracting Party relating to the admission to, stay in, transit through and departure from its territory of passengers, crew, baggage, cargo and mail on aircraft, including regulations relating to entry and departure, immigration and emigration, passports, customs, currency and sanitary measures, shall be completed with by the airline(s) of each Contacting Party upon entrance into or departure form and while within the territory of the other Contracting Party.

3) On a basis of reciprocity visas will not be required for entry, stay and exit of the crews of the aircraft operated by the designated airlines of the Contracting Parties, provided that they leave on the same following flight on the return route. This refers also to cases where the crew, owning to the technical condition of the aircraft or to health and medical reasons remain in the country, and leave on the next following flight on the return route.

4) Neither of the Contracting Parties shall give preference to its own or any other airline(s) over an airline(s) engaged in similar international air services of the other Contracting Party in the application of its customs, immigration, quarantine and similar regulations or in the use of airports, airways, air traffic services and associated facilities under its control.

Article 14

RECOGNITION OF CERTIFICATES AND LICENCES

1) Certificates of airworthiness, certificates of competency and licences issued or rendered valid by one Contracting Party and still in force shall be recognized as valid by the other Contracting Party for the purpose of operating the agreed services provided that the requirements under which such certificates and 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 reserved the right, however, of refusing to recognize the validity of the certificates of competency and licences granted to its own nationals by the other Contracting Party for the purpose of overflying its own territory.

Article 15

CHARGES FOR THE USE OF AIRPORTS

AND OTHER FACILITIES

1) Each Contracting Party may impose or permit to be imposed just and reasonable charges for the use of airports and other aviation facilities provided that these charges shall not be higher than those paid by its own designated airline(s) engaged in similar international air services.

2) Each Contracting Party shall encourage consultation between its competent charging organizations and the designated airline(s) using the services and facilities and, where practicable, through the airlines representative organizations. Reasonable notice should be given to users of any proposals for changes in user charges to enable them to express their views before changes are made.

Article 16

AVIATION SECURITY

1) 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 in 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, Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, signed at Montreal on 24 February 1988, and all other international instruments in the same field which may be ratified in future by the 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 on International Civil Aviation to the extent that such security provisions are applicable to the 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 airports 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.

6) In case a Contracting Party has reasonable grounds to believe that the other Contracting Party has departed from the provisions of this Article, the first Party may request immediate consultations with the other Party. Failure to reach a satisfactory agreement shall constitute grounds for the application of Article 4 of this Agreement.

Article 17

CONSULTATIONS

1) In a spirit of close cooperation, the aeronautical authorities of the Contracting Parties shall consult each other periodically with a view to ensuring the proper implementation of the present Agreement and Annex thereof.

2) Either Contracting Party may, at any time, request consultation with the other Contracting Party in connection with the interpretation, application and modification of this Agreement. Such consultation shall begin within a period of 60 (sixty) days of the date of sending of the request, unless both Contracting Parties agree to an extension or shortening of this period.

Article 18

SETTLEMENT OF DISPUTES

Disputes between the Contracting Parties relating to the interpretation or application of the present Agreement shall be settled by direct negotiations between the aeronautical authorities of the two Contracting Parties. If the said authorities fail to reach an agreement, the dispute shall be settled through diplomatic channels.

Article 19

AMENDMENTS

1) Any amendment, modification or supplement to this Agreement, agreed by Contracting Parties through consultations, held in accordance with Article 17 of the present Agreement, shall enter into force under the terms of Article 22 of this Agreement.

2) Any supplement or modification to the Annex may be agreed directly between the aeronautical authorities of both Contracting Parties and shall come into effect from a mutually determined date by the said authorities.

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

Article 20

REGISTRATION

This Agreement, all amendments and supplements thereto shall be registered with the International Civil Aviation Organization.

Article 21

DENUNCIATION

1) Either Contracting Party may at any time give notice to the other Contracting Party of its decision to denounce this Agreement. Such notice shall be simultaneously communicated to the International Civil Aviation Organization. In such case this Agreement shall terminate 12 (twelve) months after the date of receipt of the notice by the other Contracting Party, unless the notice of denounce is withdrawn by an agreement before the expire of this period.

2) In the absence of acknowledgement of receipt by the other Contracting Party, the notice shall be deemed to have been received 14 (fourteen) days after the receipt of the notice by the International Civil Aviation Organization.

Article 22

ENTRY INTO FORCE

This Agreement has been concluded for an indefinite period of time and shall enter into force on the date of receipt of second of the diplomatic notes exchanged by both Contracting Parties notifying that their respective internal constitutional requirements for entry into force of the Agreement have been fulfilled.

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

Done in Warsaw on 19th of May 1999, in two original copies in the Latvian, Bulgarian and English languages, all the texts being equally authentic. In case of any divergence of implementation, interpretation or application, the English text shall prevail.

 

For the Government of For the Government of

the Republic of Latvia: the Republic of Bulgaria:

Minister of Transport Minister of Transport

ANATOLIJS GORBUNOVS VILHELMS KRAUSS

 

Annex

Route Schedule

Section A

1. Routes on which air services may be operated by the designated airline(s) of the Republic of Latvia in two directions:

Points of departure Intermediate Points Points in Bulgaria Points beyond

Points in Latvia to be agreed upon Sofia, two points to to be agreed upon

later be agreed upon later later

Section B

1. Routes on which air services may be operated by the designated airline(s) of the Republic of Bulgaria in two directions:

Points of departure Intermediate Points Points in Latvia Points beyond

Points in Bulgaria to be agreed upon Riga, two points to to be agreed upon

later be agreed upon later later

3. 5th freedom traffic rights, to and from third countries, shall be available on the agreed services provided they have been coordinated and agreed upon in advance between the two designated airlines and approved by the relevant aeronautical authorities.

4. Any or all of the intermediate or beyond points may, at the opinion of the designated airline(s) be omitted on any or all flights provided that the service begins or terminates in the territory of the Contracting Party designating the airline(s).