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United Kingdom and Antigua and Barbuda (CAP. 455 1
Air Services (Ratification of Agreement)
CHAPTER 455
THE UNITED KINGDOM OF GREAT BRITAIN AND
NORTHERN IRELAND AND THE ANTIGUA AND
BARBUDA AIR SERVICES (RATIFICATION OF
AGREEMENT) ACT
Arrangement of Sections
Section
1. Short title.
2. Ratification.
SCHEDULE.
SCHEDULE OF ROUTES.
UNITED KINGDOM AND ANTIGUA AND BARBUDA AIR
SERVICES (RATIFICATION OF AGREEMENT)
1. This Act may be cited as the United Kingdom of Short tide.
Great Britain and Northern Ireland and the Antigua and
Barbuda Air Services (Ratification of Agreement) Act.
2. The Agreement between the Government of the Ratification.
United Kingdom of Great Britain and Northern Ireland and
the Government of Antigua and Barbuda for Air Services
between and beyond their respective Territories done at
London on the 25th day of March 1985, the text of which is
set out in the Schedule, is ratified.
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SCHEDULE
Agreement
Between the Government of The United Kingdom of Great Britain and Northern
Ireland and The Government of Antigua and Barbuda for Air Services between
and beyond their respective Territories
The Government of the United Kingdom of Great Britain and Northern
Ireland and the Government of Antigua and Barbuda.
Being parties to the Convention on International Civil Aviation opened for
signature at Chicago on 7 December 1944.
Desiring to conclude an Agreement supplementary to the said Convention
for the purpose of establishing air services between and beyond their respective
territories;
Have agreed as follows:
Article 1
Definitions
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 7 December, 1944, and
includes any Annex adopted under Article 90 of that Convention and any
amendment of the Annexes or Convention adopted under Articles 90 and 94
thereof, in so far as those Annexes and amendments have become effective
for or have been ratified by, both Contracting Parties;
(b) the term "aeronautical authorities" means, in the case of Antigua
and Barbuda, the Minister responsible for Civil Aviation and any person or
body authorised to perform any functions at present exercisable by the said
Minister or similar functions, and, in the case of the United Kingdom, the
Secretary of State for Transport and any person or body authorised to per-
form any functions at present exercisable by him or similar functions;
(c) the term "designated airline" means an airline which has been desig-
nated and authorised in accordance with Article 4 of this Agreement;
(d) the term "territory" in relation to a State has the meaning assigned
to it in Article 2 of the Convention;
(e) the terms "air service", "international air service", "airline" and "stop
for non-traffic purposes" have the meanings respectively assigned to them in
Article 96 of the Convention;
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Air Seruices (Ratijcation of Agreement)
!
Cf) the term "tariff' means: I
(i) the price charged by a designated airline for the carriage of pas- ,
sengers and their baggage on scheduled air services, and any con- 1
ditions on which such price depends; 1 I
(ii) the price charged by a designated airline for the carriage of cargo
(excluding mails) on scheduled air services, and any conditions
on which such price rate depends;
1 j
(iii) the price charged by a designated airline to a tour operator or
wholesaler for the carriage of passengers and their baggage or
cargo (excluding mails) on scheduled air services in space sold to
that tour operator or wholesaler for resale by him to passengers or
consignors of cargo, and any conditions on which such price
depends; and
(iv) the rate of commission paid by a designated airline to an agent in
respect of tickets sold or air waybills completed by that agent for
carriage on scheduled air services, and any conditions on which ,
such rate of commission depends. I
I
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Article 2 1
i
Application of Chicago Convention i
The provisions of this Agreement shall be subject to the provisions of the
Convention in so far as those provisions are applicable to international air services.
Article 3 I
Grant of Rights I
(1) Each Contracting Party grants to the other Contracting Party the follow- I
ing rights in respect of its scheduled international air services:
(a) the right to fly across its territory without landing;
(b) the right 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 internation-
al air services on the routes specified in the appropriate Section of the Schedule
annexed to this Agreement.
Such services and routes are hereafter called "the agreed services" and "the
specified routes" respectively.
While operating an agreed service on a specified route the airlines designated
by each Contracting Party shall enjoy in addition to the rights specified in i
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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 Schedule to this
Agreement for the purpose of taking on board and discharging passengers and
cargo including mail.
(3) Nothing in paragraph (2) of this Article shall be deemed to confer on the
airlines 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 the other
Contracting Party.
Article 4
Designation of and Authorisation of Airlines
(1) Each Contracting Party shall have the right to designate in writing to the
I other Contracting Party one or more airlines for the purpose of operating the
agreed services on the specified routes, and to withdraw or alter such designations.
(2) On receipt of such designations the other Contracting Party shall, subject
to the provisions of paragraphs (3) and (4) of this Article, without delay grant to
the airline or airlines designated the appropriate operating authorisations.
(3) The aeronautical authorities of one Contracting Party may require an air-
line 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 rea-
sonably applied to the operation of international air services by such authorities in
conformity with the provisions of the Convention.
(4) Each Contracting Party shall have the right to refuse to grant the operat-
ing authorisations referred to in paragraph (2) of this Article, or to impose such
conditions as it may seem necessary on the exercise by a designated airline of the
rights specified in Article 3 (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 authorised it may begin at
any time to operate the agreed services, provided that a tariff established in accor-
dance with the provisions of Article I1 of this Agreement is in force in respect of
those services.
Article 5
Revocation or Suspension of Operating Authorisations
(1) Each Contracting Party shall have the right to revoke an operating autho-
risation or to suspend the exercise of the rights specified in Article 3 (2) of this
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Air Services (Ratijication of Agreement)
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 designating
the airline or in nationals of such Contracting Party; or
(b) in the case of failure by that airline to comply with the laws or regula-
tions of the Contracting Party granting these rights; or
(c) in case the airline otherwise fails to operate in accordance with the
conditions prescribed under this Agreement.
(2) Each Contracting Party may exercise the right to revoke, suspend or
impose the conditions mentioned in paragraph (1) of this Article immediately if
such revocation, suspension or imposition of conditions is essential to prevent fur-
ther infringements of laws or regulations relating to safety or national security. In
the case of infringements of other laws or regulations, or in other cases, the
Contracting Party desiring to exercise the rights mentioned in paragraph (1) shall
give notice thereof to the other Contracting Party and simultaneously to the desig-
nated airline concerned. Such notice shall state the basis for the proposed action
and shall afford opportunity to the other Contracting Party to consult in regard
thereto. Any revocation, suspension or imposition of conditions shall become
effective on the date specified in such notice (which shall be not less than 60 days
after the date on which the notice would, in the ordinary course of transmission,
be received by the Contracting Party to whom it is addressed) unless notice is with-
drawn before such date.
Article 6
Exemption from Charges on Equipment, Fuel, Stores etc.
(1) Aircraft operated on international air services by the designated airlines
of either Contracting Party, as well as their regular equipment, supplies of fuel 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
similar charges on arriving in the temtory 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 are used on the part of the journey performed over that territory.
(2) There shall also be exempt from the same duties, fees and charges, with
the exception of charges corresponding to the services performed:
(a) aircraft stores taken on board in the territory of a Contracting Party,
within limits fixed by the authorities of the said Contracting Party, and for
use on board outbound aircraft engaged in an international air service of the
other Contracting Party;
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(b) spare parts introduced into the territory of either Contracting Party
for the Maintenance or repair of aircraft used on international air services by
the designated airlines of the other Contracting Party; and
(c) fuel and lubricants supplied in the territory of a Contracting Party to
an outbound aircraft of a designated airline of the other Contracting Party
engaged in an international air service, even when these supplies are to be
used on the part of the journey 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 kept under customs supervision or control.
Article 7
Unloading of Equipment, etc.
The regular airborne equipment, as well as the materials and supplies
retained on board the aircraft 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 the supervi-
sion of the said authorities up to such time as they are reexported or otherwise
disposed of in accordance with customs regulations.
Article 8
Aviation Security
The Contracting Parties reaffirm their grave concern about acts or threats
against the security of aircraft, which jeopardise the safety of persons or property,
adversely affect the operation of air services and undermine public confidence in
the safety of civil aviation. The Contracting Parties agree to provide maximum aid
to each other with a view to preventing hijackings and sabotage to aircraft, airports
and air navigation facilities and threats to aviation security. They shall have regard
to 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. The Contracting Parties shall also have regard to applicable avia-
tion security provisions established by the International Civil Aviation
Organisation. When incidents or threats of hijacking or sabotage against aircraft,
airports or air navigation facilities occur, the Contracting Parties shall assist each
other by facilitating communications intended to terminate such incidents rapidly
and safely. Each Contracting Party shall give sympathetic consideration to any
requests from the other for special security measures for its aircraft or passengers
to meet a particular threat.
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Article 9
Principles Governing Operation of Agreed Services
(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 ) The designated airline or airlines of one Contracting Party shall take into
account the interests of the designated airline or airlines of the other Contracting
Party so as not to affect unduly that airline's or those airlines' services on all 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 pub-
lic for transportation on the specified routes and shall have as their primary objec-
tive the provision, at a reasonable load factor, of capacity adequate to carry the
current and reasonably anticipated requirements for the carriage of passengers
and cargo including mail originating from or destined for the territory of the
Contracting Party which has designated the airline. Provision for the carriage of
passengers and cargo including mail both taken on board and discharged at
points on the specified routes in the territories of States other than that designat-
ing the airline shall be made in accordance with the general principles that capacity
shall be related to:
(a) traffic requirements to and from the territory of the Contracting
Party which has designated the airline;
(b) traffic requirements of the area through which the agreed service
passes, after taking account of other transport services established by airlines
of the States comprising the area; and
(c) the requirements of through airline operation.
(4) If any difficulty arises over the 'a~~l icat ion f the provisions of this Article
either Contracting Party may request consultations in accordance with the proce-
dure set out in Article 15 ( 2 ) of this Agreement.
Article 10
Change of Gauge
In operating any agreed service on any specified route a designated airline o f
one Contracting Party may substitute one aircraft for another at a point in the ter-
ritory of the other Contracting Party on the following conditions only:
(a) that it is justified by reason of economy of operation;
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(b) that the aircraft used on the section of the route more distant from
the terminal in the territory of the first Contracting Party is not larger in
capacity than that used on the nearer section;
(c) that the aircraft used on the more distant section shall operate only
in connection with and as an extension of the service provided by the aircraft
used on the nearest section and shall be scheduled so to do; the former shall
arrive at the point of change for the purpose of carrying traffic transferred
from, or to be transferred into, the aircraft used on the nearer section; and its
capacity shall be determined with primary reference to this purpose;
(d) that there is an adequate volume of through traffic;
(e) that the airline shall not hold itself out to the public by advertisement
or othenvise as providing a service which originates at a point where the
change of aircraft is made;
V ) that the provisions of Article 9 of this Agreement shall govern all
arrangements made with regard to change of aircraft;
(g) that in connection with any one aircraft flight into the territory in
which the change of aircraft is made, only one flight may be made out of that
territory.
Article 11
Tariffs
(1) The tariffs to be charged by the designated airlines of the Contracting
Parties for carriage between their territories shall be those approved by the aero-
nautical authorities of both Contracting Parties and shall be established at reason-
able levels, due regard being paid to all relevant factors, including cost of
operations, the interests of users, reasonable profit and the tariffs of other airlines.
(2) The tariffs referred to in paragraph (1) of this Article shall, if possible, be
agreed by consultation between the airline seeking approval of the tariff and the
other designated airlines of both Contracting Parties. However, a designated air-
line shall not be precluded from filing any proposed tariff nor the aeronautical
authorities from approving it if that airline has failed to obtain the agreement of
the other designated airlines.
(3) No tariff shall be approved for carriage between the territories of the
Contracting Parties unless it has been filed by the designated airline seeking that
approval with the aeronautical authorities of both Contracting Parties, in such
form as the aeronautical authorities of each Contracting Party may require to dis-
close the particulars referred to in sub-paragraph (0 of Article 1 of this
Agreement, not less than 45 days (or such shorter period as the aeronautical
authorities of both Contracting Parties may agree) prior to the proposed effective
date. A tariff shall be treated as having been filed with the Contracting Party on the
date on which it is received by the aeronautical authorities of that Contracting Party.
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(4) Any tariff filed in accordance with paragraph (3) of this Article may be
approved by the aeronautical authorities of either Contracting Party at any time and
shall be treated as having been approved by the aeronautical authorities of a
Contracting Party unless, not more than 45 days (or such shorter period as the ae re
nautical authorities of both Contracting Parties may agree) after the date of the fil-
ing, the aeronautical authorities of that other Contracting Party have served on the
aeronautical authorities of the other Contracting Party written notice of dissatisfac-
tion with the proposed tariff. The Contracting Party expressing dissatisfaction shall
also notify the airline filing the proposed tariff of the action which has been taken.
(5) If, during the period applicable in accordance with paragraph (4) of this
Article the aeronautical authority of one Contracting Party gives the aeronautical
authority of the other Contracting Party notice of its dissatisfaction with any tariff
submitted for approval in accordance with the provisions of paragraph (3), the
aeronautical authorities of the two Contracting Parties shall endeavour to deter-
mine the tariff by mutual agreement. Either Contracting Party may within 30 days
of the notice of a notice of dissatisfaction request consultations and, if so request-
ed, consultations shall be held within 30 days of that request.
(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 16 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. Where, however, a dispute
exists under paragraph (6) of this Article the aeronautical authorities of both
Contracting Parties may agree on an interim tariff. In the absence of such agree-
ment a tribunal established in accordance with Article 16 of this Agreement shall
have power to settle an interim tariff pending the determination of the dispute by
such tribunal. The application for an interim tariff may be made to the tribunal by
either Contracting Party.
(8) The aeronautical authorities of one Contracting Party may, if the aero-
nautical authorities of the other Contracting Party so agree, serve on a designated
airline notice of withdrawal of approval of a tariff and that tariff shall cease to be
applied by that airline 120 days after service of that notice, or, if a tariff to replace
that tariff has been approved by the aeronautical authorities of both Contracting
Parties, on the date, if earlier, which those authorities agree as the effective date of
the new tariff.
(9) The tariffs charged by the designated airlines of one Contracting Party
for carriage between the territory of the other Contracting Party and the territory
of a third State shall be subject to the approval of the other Contracting Party and
such third State and the approval of such other Contracting State may be with-
drawn on giving 90 days notice to the designated airline of the Contracting Party
applying the tariff; provided, however, that a Contracting Party shall not require a
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different tariff from the tariff of its own airlines for comparable service between
the same points. The designated airlines of each Contracting Party shall file such
tariffs with the other Contracting Party, in accordance with its requirements.
(10) Subject to the provisions of paragraphs (6) and (7) of this Article no tar-
iff shall come into force unless it is approved by the aeronautical authorities of
both Contracting Parties.
Article 12
Provision of Statistics
The aeronautical authorities of a Contracting Party shall supply to the aero-
nautical 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 airlines
of the Contracting Party referred to first in this Article. Such statements shall
include the amount of traffic carried by those airlines in the agreed services and
the origins and destinations of such traffic.
Article 13
Transfer of Earnings
Each Contracting Party grants to the designated airlines of the other
Contracting Party the right to free transfer at the official rate of exchange of the
excess of receipts over expenditure earned by those airlines in its territory in con-
nection with the carriage of passengers, mail and cargo.
Article 14
Airline Representation
The designated airline or airlines of one Contracting Party shall be entitled,
in accordance with the laws and regulations relating to entry, residence and
employment of the other Contracting Party, to bring in and maintain in the terri-
tory of the other Contracting Party those of their own managerial, technical and
other specialist staff who are required for the provision of air services.
Article 15
Consultation
(1) In a spirit of close cooperation, the aeronautical authorities of the
Contracting Parties shall consult each other from time to time with a view to
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ensuring the implementation of, and satisfactory compliance with, the provisions
of this Agreement and the annexed Schedule and shall consult when necessary to
provide for modifications thereof.
(2) Either Contracting Party may request consultation which may be either
oral or in writing, and shall begin within a period of sixty (60) days of the date of
receipt of the request, unless both Contracting Parties agree to an extension of
this period.
Article 16
Settlement of Disputes
(1) If any dispute arises between the Contracting Parties relating to the inter-
pretation or application of this Agreement, the Contracting Parties shall in the
first place endeavour to settle it by negotiation.
(2) If the Contracting Parties fail to reach a settlement by negotiation, they
may agree to refer the dispute for decision to some person or body; if they do not
so agree, the dispute shall 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, who shall be President of the tribunal to be
appointed by the two so nominated. Each of the Contracting Parties shall nomi-
nate 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 by such a tribunal, and the third arbitrator
shall be appointed within a further period of sixty (60) days. If either of the
Contracting Parties fails to nominate an arbitrator within the period specified, or
if the third arbitrator is not appointed within the period specified, the President of
the International Court of Justice may at the request of either Contracting Party
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 President of the arbi-
tral tribunal.
(3) Except as otherwise agreed by the Contracting Parties, the arbitral tri-
bunal shall determine the limits of its jurisdiction in accordance with this
Agreement, and shall establish its own procedure. 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 15 days after the tribunal is fully constituted.
(4) Except as otherwise agreed by the Contracting Parties or prescribed by
the tribunal, each Party shall submit a memorandum within 45 days of the time the
tribunal is fully constituted. Replies shall be due 60 days later. The tribunal shall
hold a hearing at the request of either Party or at its discretion within 15 days after
replies are due.
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In witness whereof, the undersigned, being duly authorised thereto by their
respective Governments, have signed this Agreement.
Done in duplicate at Lpndon this 25th day of March 1985.
For the Government of the United For the Government of Antigua
Kingdom of Great Britain and and Barbuda.
Northern Ireland.
Michael Spicer. Vere Bird (Jr.)
SCHEDULE OF ROUTES
A. Route to be operated by the designated airline of the United Kingdom:
London - Intermediate points - St. John's - Points beyond.
Notes:
(a) The designated airline of the United Kingdom may on any or all
flights omit calling at any point on this route provided that the agreed ser-
vices begin at a point in United Kingdom territory.
(b) No traffic may be taken up at any intermediate or beyond point
which is destined for St. John's nor may traffic be taken up at St. John's which
is destined for an intermediate or beyond point except such traffic as may be
agreed from time to time between the aeronautical authorities of both
Contracting Parties.
B. Route to be operated by the designated airline of Antigua and Barbuda:
St. John's - Intermediate points - London -Points beyond.
Notes:
(a) The designated airline of Antigua and Barbuda may on any or all
flights omit calling at any point on this route provided that the agreed ser-
vices begin at a point in the territory of Antigua and Barbuda.
(b) No traffic may be taken up at any intermediate or beyond point
which is destined for London nor may traffic be taken up at London which is
destined for an intermediate or beyond point except such traffic as may be
agreed from time to time between the aeronautical authorities of both
Contracting Parties.
