AIR TRANSPORT
AGREEMENT
between The Government of The Republic of Turkey
and The Government of The Republic of Latvia
The Government of the Republic of
Turkey and the Government of the Republic of Latvia, hereinafter
referred to as 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 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 "Convention" means
the Convention on International Civil Aviation opened for
signature at Chicago on the seventh day of December, 1944 and
includes any Annexes adopted under Article 90 of that Convention
and any amendment of the Annexes or Convention under Articles 90
and 94 thereof, which have been adopted by both Contracting
Parties;
b) the term "aeronautical
authorities" means, in the case of the Republic of
Turkey, the Minister of Transportation and Communications and any
person or body authorized to perform any functions exercised by
the said Minister and in the case of the Republic of Latvia, the
Ministry of Transport of the Republic of Latvia and any person or
body authorized to perform any functions exercised by the said
Ministry;
c) the term "designated airline"
means an airline which has been designated and authorized in
accordance with Article 3 of this Agreement;
d) the term "territory" has the
meaning specified in Article 2 of the Convention;
e) the terms "air services",
"international air service", "airline"
and "stop for non-traffic purposes" have the
meanings specified in Article 96 of the Convention;
f) the term "capacity"
means:
- in relation to an aircraft, the
payload of that aircraft available on the route or section of a
route;
- in relation to a specified air
service, the capacity of the aircraft used on such service
multiplied by the frequency operated by such aircraft over a
given period and route or section of a route;
g) the term "tariff" means the
prices to be charged for the carriage of passengers, baggage or
cargo (excluding mail), including any significant additional
benefits to be furnished or made available in conjunction with
such carriage, and the commission to be paid on the sales of
tickets for the carriage of persons, or on corresponding
transaction for the carriage of cargo. It includes also the
conditions that govern the applicability of the price for
carriage or the payment of commission.
2. The Annex to this Agreement forms an integral
part of the Agreement.
Article 2
TRAFFIC
RIGHTS
1. 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 Annex to
this Agreement. Such services and routes are hereinafter referred
to as "the agreed services" and "the specified
routes" respectively. The airline designated by each
Contracting Party shall enjoy, while operating an agreed service
on a specified route, the following rights:
a) to fly without landing across the territory of
the other Contracting Party;
b) to make stops in the said territory for
non-traffic purposes; and
c) to make stops in the territory at the points
specified for that route in Annex to this Agreement for the
purpose of putting down and taking up international passengers,
baggage, cargo and mail.
2. Nothing in paragraph (1) of this Article shall
be deemed to confer on the designated airline of one Contracting
Party the privilege of taking up, in the territory of the other
Contracting Party, passengers, baggage, cargo and mail carried
for remuneration or hire and destined for another point in the
territory of that other Contracting Party.
Article 3
OPERATING
AUTHORIZATIONS
1. Each Contracting Party
shall have the right to designate in writing to the other
Contracting Party an airline for the purpose of operating the
agreed services on the specified routes.
2. On receipt of such designation, the other
Contracting Party shall, subject to the provisions of paragraphs
(3) and (4) of this Article, without delay grant to the airline
designated the appropriate operating authorizations.
3. 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 fulfill the
conditions prescribed under the laws and regulations normally and
reasonably applied to the operation of international air services
by such authorities.
4. 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 this 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 or in its
nationals.
5. When an airline has been so designated and
authorized it may begin at any time to operate the agreed
services, provided that a capacity agreed upon and a tariff and
flight schedules established in accordance with the provisions of
Article 10 and Article 13 of this Agreement.
Article 4
REVOCATION AND
SUSPENSION OF OPERATING AUTHORIZATIONS
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 this
Agreement by an airline 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 it is not satisfied that
substantial ownership and effective control of that airline are
vested in the Contracting Party designated the airline or in its
nationals, or,
b) in the case of failure by that airline to
comply with the laws or regulations of the Contracting Party
granting these rights, or,
c) in the case the airline otherwise fails to
operate in accordance with the conditions prescribed under 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 or
regulations, such right shall be exercised only after
consultation between the aeronautical authorities of the
Contracting Parties.
Such consultations shall take
place within thirty (30) days of the receipt of notice.
Article 5
ENTRY AND
CLEARANCE LAWS AND REGULATIONS
1. The laws and regulations
of Contracting Party relating to the admission to, stay in, or
departure from its territory of aircraft engaged in international
air navigation, or to the operation and navigation of such
aircraft while within its territory, shall be applied to the
aircraft of both Contracting Parties without distinction as to
nationality, and shall be complied with by such aircraft upon
entering or departing from or while within the territory of that
Contracting Party.
2. The laws and regulations of a Contracting
Party relating to the admission to, stay in, or departure from
its territory of passengers, crew, cargo and mail transported on
board the aircraft, such as regulations relating to entry,
clearance, immigration, passports, customs and sanitary control
shall be complied with by or on behalf of such passengers, crew,
cargo and mail upon entrance into or departure from or while
within the territory of that Party.
3. Fees and other charges for the use of each
airport including its installations, technical and other
facilities and services as well as any charges for the use of air
navigation facilities, communication facilities and services
shall be not higher than these paid by the designated airlines of
the other States engaged in similar international air
services.
Article 6
EXEMPTION FROM
CUSTOMS AND OTHER DUTIES AND TAXES
1. Aircraft operated on
international air services by the designated airline of either
Contracting Party, as well as their regular equipment, supplies
of fuels and lubricants, and aircraft stores (including food,
beverages and tobacco) on board, such aircraft shall be exempt
from all customs duties, inspection fees and other duties or
taxes on arriving in the territory of the other Contracting
Party, provided such equipment and supplies remain on board the
aircraft up to such time as they are re-exported or they are used
on board aircraft on the part of the journey to be performed over
that territory.
2. There shall also be exempt from the same
duties and taxes, with the exception of charges corresponding to
the service performed:
a) aircraft stores taken on board in the
territory of either Contracting Party, within limits fixed by the
authorities of said Contracting Party, and for use on board
aircraft of the designated airline engaged in an international
service of the other Contracting Party,
b) spare parts and regular equipment entered into
the territory of either Contracting Party for the maintenance or
repair of aircraft used on international services by the
designated airline of the other Contracting Party,
c) fuel and lubricants destined to supply
aircraft operated on international services by designated airline
of the other Contracting Party, even when these supplies are to
be used on the part of the journey to be performed over the
territory of the Contracting Party in which they are taken on
board.
Materials referred to in
sub-paragraphs (a), (b) and (c) above may be required to be under
customs supervision or control.
Article 7
STORAGE OF
AIRBORNE EQUIPMENT AND SUPPLIES
The regular airborne equipment, as
well as the materials and supplies retained on board the aircraft
of the designated airline of either Contracting Party may be
unloaded in the territory of the other Contracting Party only
with the approval of the Customs authorities of such territory.
In such case, they may be placed under the supervision of said
authorities up to such time as they are re-exported or otherwise
disposed of in accordance with customs regulations.
Article 8
DIRECT TRANSIT
TRAFFIC
Passengers, baggage and cargo in
direct transit across the territory of one Contracting Party and
not leaving the area of the airport reserved for such purpose
shall be subject to no more than a simplified control except in
respect of security measures against violence, air piracy and
smuggling of controlled drugs. Baggage and cargo in direct
transit shall be exempt from customs duties and other
charges.
Article 9
FINANCIAL
PROVISIONS
1. Each designated airline shall
have the right to sell and issue its own transportation documents
in the territory of the other Contracting Party directly in
accordance with the laws and regulations of the other Contracting
Party and, at its discretion, through its agents and any person
shall be free to purchase such transportation.
2. Each designated airline shall
have the right to convert and remit to its country on demand, at
the official rate of exchange, the excess of receipts over
expenditures achieved in connection with carriage of passengers,
cargo and mail. In the absence of the appropriate provisions of a
payments agreement between the Contracting Parties, the above
mentioned transfer shall be made in convertible currencies and in
accordance with the national laws and foreign exchange
regulations applicable.
Article 10
CAPACITY
PROVISIONS
1. There shall be fair and
equal opportunity for the designated airlines of both Contracting
Parties to operate the agreed services on the specified routes
between their respective territories.
2. In operating the agreed services, the
designated airline of either Contracting Party shall take into
account the interests of the designated airline of the other
Contracting Party so as not to affect unduly the services which
the latter provides on the whole or part of the same routes.
3. The agreed services provided by the designated
airlines of the Contracting Parties shall bear a 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 carry the current and reasonably anticipated requirements for
the carriage of traffic originating in or destined for the
territory of the Contracting Party which has designated the
airline.
4. Provided that the designated airlines of both
Contracting Parties are operating thereunder agreed services,
they shall agree on the frequency and capacity of the services to
be offered on the specified routes. The frequency and capacity
shall be subject to the approval of the aeronautical authorities
of both Contracting Parties. Such capacity shall be adjusted from
time to time depending upon the traffic demand subject to the
approval of the aeronautical authorities of both Contracting
Parties.
5. In order to meet unexpected traffic demands of
a temporary character, the designated airlines may,
notwithstanding the provisions of this Article, agree between
them to such temporary increases as are necessary to meet the
traffic demand. Every such increase of capacity shall be notified
without delay to the aeronautical authorities of the Contracting
Parties for approval.
6. In the case where the designated airline of
one Contracting Party operate points in third countries along the
specified route, a capacity additional to that established in
accordance with paragraphs 3 and 4 above may be operated by that
airline subject to agreement between the aeronautical authorities
of the Contracting Parties.
7. The flight schedules of the agreed services
and in general the conditions of their operation shall be
submitted by the designated airline of the Contracting Party for
the approval of the aeronautical authorities of the other
Contracting Party at least thirty (30) days before the intended
date of their implementation. Any modification to such flight
schedules or conditions of their operation shall also be
submitted to the aeronautical authorities for approval. In
special cases, the above set time limit may be reduced subject to
the agreement of the said authorities.
Article 11
REPRESENTATION
Each Contracting Party shall grant
the designated airline of the other Contracting Party the right
to bring, hire and maintain on its territory, for the performance
of the agreed services, the administrative, technical and
commercial personnel as may be required by the extent of such
services. The above personnel shall be subject to the regulations
of that Contracting Party for admission to and stay in the
territory of that Contracting Party.
Article 12
AVIATION
SECURITY
1. Consistent with their
rights and obligations under international law, the Contracting
Parties reaffirm that their obligation to each other to protect
the security of Civil Aviation against the acts of unlawful
interference forms an integral part of this Agreement. Without
limiting the generality of their rights and obligations under
international law, the Contracting Parties shall in particular
act in conformity with the provisions of the Convention on
Offences and Certain Other Acts Committed on Board Aircraft,
signed at Tokyo on 14 September 1963, the Convention for the
Suppression of Unlawful Seizure of Aircraft, signed at the Hague
on 16 December 1970 and the Convention for the Suppression of
Unlawful Acts Against the Safety of Civil Aviation, signed at
Montreal on 23 September 1971.
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 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
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.
5. 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
positive consideration to any request from the other Contracting
Party for reasonable special security measures to meet a
particular threat.
6. 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.
7. Should one Contracting Party have problems
with regard to the aviation security provisions of this Article,
the Aeronautical Authorities of either Contracting Party may
request immediate consultations with the Aeronautical Authorities
of the other Contracting Party.
Article 13
ESTABLISHMENT OF
TARIFFS
1. The tariffs to be
charged by the designated airline 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 and the tariffs of other airlines.
2. The tariffs referred to in Article 1 of this
Agreement and in paragraph (1) of this Article shall be agreed by
the designated airlines of both Contracting Parties after
consultation with the other airlines operating over the whole or
part of the route, and such agreement shall, wherever possible,
be reached by the use of the procedures of the International Air
Transport Association for the working out of tariffs.
3. The tariffs so agreed shall be submitted for
the approval of the aeronautical authorities of both Contracting
Parties at least thirty (30) days before the proposed date of
their introduction. In special cases, this period may be reduced,
subject to the agreement of the said authorities.
4. This approval may be given expressly. If
neither of the aeronautical authorities has expressed disapproval
within thirty (30) days from the date of submission, in
accordance with paragraph (3) of this Article, these tariffs
shall be considered as approved. In the event of the period for
submission being reduced, as provided for in paragraph (3) of
this Article, the aeronautical authorities may agree the period
within which any disapproval must be notified shall be less then
thirty (30) days.
5. If a tariff cannot be agreed in accordance
with paragraph (2) of this Article, or one aeronautical authority
gives the other aeronautical authority notice of its disapproval
of any tariff agreed in accordance with the provisions of
paragraph (2) of this Article, the aeronautical authorities of
the Contracting Parties shall endeavor to determine the tariff by
mutual agreement.
6. If the aeronautical authorities cannot agree
on any tariff submitted to them under paragraph (3) of this
Article, or on the determination of any tariff under paragraph
(5) of this Article, the dispute shall be settled in accordance
with the provisions of Article 19 of this Agreement.
7. A tariff established in accordance with the
provisions of this Article shall remain in force until a new
tariff has been established. Nevertheless, a tariff shall not be
prolonged by virtue of this paragraph for more than twelve (12)
months after the date on which it otherwise would have
expired.
Article 14
INFORMATION AND
STATISTICS
The aeronautical authorities of
either Contracting Party shall supply to the aeronautical
authorities of the other Contracting Party, at their request,
such periodic or other statements of statistics as may be
reasonably required for the purpose of reviewing the capacity
provided on the agreed services by the designated airline of the
first Contracting Party. Such statements shall include all
information required to determine the amount of passengers,
baggage, cargo and mail carried by those airlines on the agreed
services and the origins and destinations of such traffic.
Article 15
CONSULTATION
In a spirit of close co-operation,
the aeronautical authorities of the Contracting Parties shall
consult each other from time to time with a view to ensuring the
implementation of, and satisfactory compliance with, the
provisions of this Agreement and the Annex thereto. Such
consultations shall start within a period of thirty (30) days of
the date of the request.
Article 16
MODIFICATIONS
1. If either of the Contracting
Parties considers it desirable to modify any provision of this
Agreement, it may request consultation with the other Contracting
Party; such consultation, which may be between the aeronautical
authorities and which may be through discussion or by
correspondence, shall begin within a period of sixty (60) days of
the date of the request. Any modifications so agreed shall come
into force when they have been confirmed by an exchange of
diplomatic notes.
2. Modifications to the Annex may
be made by direct agreement between the Aeronautical Authorities
of the Contracting Parties.
Article 17
CONFORMITY WITH
MULTILATERAL CONVENTIONS
This Agreement and its Annex will
be amended so as to conform with any multilateral convention
which may become binding on both Contracting Parties.
Article 18
TERMINATION
Either Contracting Party may at
any time give notice to the other Contracting Party of its
decision to terminate this Agreement; such notice shall be
simultaneously communicated to the International Civil Aviation
Organization. In such case the Agreement shall terminate twelve
(12) months after the date of receipt of the notice by the other
Contracting Party, unless the notice to terminate is withdrawn by
agreement before the expiry of this period. In the absence of
acknowledgement of receipt by the other Contracting Party, the
notice shall be deemed to have been received fourteen (14) days
after the receipt of the notice by the International Civil
Aviation Organization.
Article 19
SETTLEMENT OF
DISPUTES
1. If any dispute arises
between the Contracting Parties relating to the interpretation or
application of this Agreement and the Annex thereto, the
Contracting Parties shall in the first place, endeavour to settle
it by negotiations.
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 sixty (60) days. If either
of the Contracting Parties fails to nominate an arbitrator within
the period specified, or if the third arbitrator is not appointed
within the period specified, the President of the International
Civil Aviation Organization may be requested by either
Contracting Party to appoint an arbitrator or arbitrators as the
case requires. In such case the third arbitrator shall be a
national of a third state and shall act as a president of the
arbitral tribunal.
3. The Contracting Parties undertake to comply
with any decision given under paragraph (2) of this Article.
4. If and so long as either Contracting Party or
the designated airline of either Contracting Party fails to
comply with the 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 pay the expenses
of the arbitrator it has nominated. The remaining expenses of the
arbitral tribunal shall be shared equally by the Contracting
Parties.
Article 20
TITLES
Titles are inserted in this
Agreement at the head of each Article for the purpose of
reference and convenience only and in no way define, limit, or
describe the scope or intent of this Agreement.
Article 21
REGISTRATION
This Agreement shall be registered
with the International Civil Aviation Organization.
Article 22
ENTRY INTO
FORCE
This Agreement shall enter into
force after fulfillment of the constitutional requirements by
each Contracting Party, on the date of exchange of diplomatic
notes to this effect.
In witness whereof, the
undersigned being duly authorized by their respective
Governments, have signed this Agreement.
Done in Ankara this 15 day of
September of the year 1995 in duplicate, in the English
language.
For the Government of For the
Government of
the Republic of Turkey: the
Republic of Latvia:
ANNEX
to the Air Transport Agreement between the Government
of the Republic of Turkey and the Government of the Republic of
Latvia
Route Schedule
Section 1
Routes to be operated by the
designated airline of the Republic of Turkey:
Points in Turkey - Riga
v.v.
Section 2
Routes to be operated by the
designated airline of the Republic of Latvia:
Points in Latvia - Istanbul
v.v.
Either of the Contracting Parties may
request the inclusion in their services of additional points
beyond the territory of the other Contracting Party or between
the territories of the Contracting Parties. This request is
subject to the approval of the aeronautical authority of the
other Contracting Party.