5 NOVEMBER 2002. - Act enacting the Agreement between the Government of the Kingdom of Belgium and the Government of the State of Kuwait on Air Transport, and the Annex, signed in Brussels on 28 April 1999 (2)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Agreement between the Government of the Kingdom of Belgium and the Government of the State of Kuwait on Air Transport, and the Annex, signed in Brussels on 28 April 1999, will come out their full and complete effect.
Promulgate this Act, order that it be put on the seal of the state and published by the Belgian Monitor.
Given at Châteauneuf-de-Grasse, November 5, 2002.
ALBERT
By the King:
Minister of Foreign Affairs,
L. MICHEL
Minister of Mobility and Transport,
Ms. I. DURANT
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Notes
(1) Session 2001-2002.
Senate
Documents. - Bill tabled on 26 April 2002, No. 2-1126/1. - Report, no. 2-1126/2.
Annales parliamentarians. - Discussion and voting. Session of 10 July 2002.
Room
Documents. - Project transmitted by the Senate, No. 50-1928/1. - Text adopted in plenary and subject to Royal Assent, No. 50-1928/2.
Annales parliamentarians. - Discussion and voting. Session of 20 July 2002.
(2) This Agreement comes into force on 1^er December 2004.

AGREEMENT
BETWEEN
THE KINGDOM OF BELGIUM
AND
THE STATE OF KUWAIT
ON AIR SERVICES
The Government of the State of Kuwait and the Government of The Kingdom of Belgium, (hereinafter called the Contracting Parties),
Desiring to foster the development of Air Services between the State of Kuwait and the Kingdom of Belgium and to promote in the greatest possible measure international cooperation in this field,
Desiring to apply to these services the principles and provisions of the Convention on International Civil Aviation and of the International Air Services Transit Agreement opened for signature at Chicago on the seventh day of December 1944, have agreed as follows:
ARTICLE 1
DEFINITIONS
For the purpose of this agreement, unless the text otherwise requires:
a) "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 9O of that Convention and any amendment of the Annexes or Convention under Article 90 and 94 thereof so far as these Annexes and amendments have been adopted by both Contracting Parties;
(b) The term "AGREEMENT" means this Agreement, the Annex attached thereto, and any modifications to the Agreement or to the Annex;
(c) "AERONAUTICAL AUTHORITIES" means in the case of the State of Kuwait, the Directorate general of Civil Aviation, in the case of the Kingdom of Belgium, the Ministry of Communications (Civil Aviation Administration), or in both cases any other person or agency authorised to perform the functions exercised by the said authorities;
d) "DESIGNATED AIRLINE" means an airline that one Contracting Party has designated in writing to the other Contracting Party in accordance with Article (3) of this agreement as being an airline which is to operate the agreed air services on the roads specified in accordance with Article (2) of this Agreement.
(e) "TERRITORY" "AIR SERVICE" "INTERNATIONAL AIR SERVICE" and "STOP FOR NON TRAFFIC PURPOSES" shall for the purpose of this Agreement, have the meaning laid down in Article 2 and 96 of the Convention;
(f) "CAPACITY" means:
I) in relation to an aircraft, the payload of that aircraft available on a road or section of a route.
II) 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 on a road or a section of a route.
(g) The term "TARIFF" means the prices to be paid for the carriage of passengers, baggage and freight and the conditions under which those prices apply, including prices and conditions for agency and other auxiliary services, but excluding remuneration or conditions for the carriage of mail.
(h) "SCHEDULE" means the route schedule annexed to this agreement or as amended in accordance with the provisions of paragraph (3) of Article (15) of this Agreement. The forms schedule an integral part of this agreement and all references to the Agreement shall include reference to the schedule except where otherwise provided.
ARTICLE 2
GRANTING OF RIGHTS AND PRIVILEGES
(1) Each Contracting Party grants to the other Contracting Party the rights specified in this Agreement to enable its designated airline to establish and operate international air services on the roads specified in the appropriate section of the schedule thereto (herein after called "AGREED SERVICES" and "SPECIFIED ROUTES" respectively).
(2) Subject to the provisions of this Agreement, the designated airline of each Contracting Party shall enjoy, while operating an agreed service on a specified route, the following privileges
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 said territory at the point or points specified for that route in the Schedule for the purpose of discharging and of taking on international traffic in passengers, mail and cargo.
(3) Nothing in paragraph 1 of this article shall be deemed to confer on a designated airline of one Contracting Party the privilege of taking up, in the territory of the other Contracting Party, passengers, cargo and mail carried for remuneration or hire and destined for another point in the territory of that other Contracting Party.
ARTICLE 3
DESIGNATION AND AUTHORIZATION
(1) The agreed services on the specified routes may be started at any time, provided :
a) the Contracting Party to whom the rights specified in Article 2 have been granted, has designated an airline in writing, and
b) the Contracting Party granting these rights has authorised the designated airline to initiate the air services.
(2) The Contracting Party granting these rights shall, subject to the provisions of paragraphs (3) and (4) of this Article, give without undue delay the said authorisation to operate the agreed services, provided that a tariff in respect of the agreed services shall have been established in accordance with the provisions of Article 13 of this Agreement.
(3) The 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.
4) Each Contracting Party may withhold the exercise of the privileges provided for in Article 2 of this Agreement from an airline designated by the other Contracting Party if such airline is not able to prove upon request that substantial ownership and effective control of such airline are jacketd in the Contracting Party designating the airline or in its nationals or corporations.
ARTICLE 4
REVOCATION, LIMITATION AND IMPOSITION OF CONDITIONS
(1) Each Contracting Party shall have the right to suspend the exercise by the designated airline of the other Contracting Party of the privileges specified in Article 2 of this Agreement or to impose such conditions as it may deem necessary on the exercise by that airline of those privileges where the airline fails to comply with the laws or regulations of the Contracting Party granting those privileges or otherwise fails to operate in accordance with the conditions prescribed in this Agreement; provided that, unless immediate suspension or imposition of conditions is considered necessary to prevent further infringement of laws or regulations or is in the interest of aviation safety, the right shall be exercised only after consultation with the other Contracting Party in accordance with the provisions of Article 15 of this Agreement.
(2) In the event of action by one Contracting Party under this Article, the rights of both Contracting Parties shall not be prejudiced.
ARTICLE 5
AIRPORTS AND FACILITY CHARGES
The charges imposed in the territory of either Contracting Party for the use of airports and other aviation facilities on the aircraft of the designated airline of the other Contracting Party shall not be higher than those imposed on aircraft of the national airline engaged in similar international air services.
ARTICLE 6
EXEMPTIONS FROM CUSTOM DUTIES AND OTHER CHARGES
(1) Aircraft operated on international air services by the designated airline of one Contracting Party, as well as their regular equipment, spare parts, 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.
2) Supplies of fuels, lubricants, spare parts, regular equipment and aircraft stores introduced in the territory of each Contracting Party by or on behalf of the designated airline of the other Contracting Party or taken on board the aircraft operated by such designated airline and intended solely for use in the operation of international air services shall be exempt from all national duties and charges, including customs duties and inspection fees imposed board in the territory of the first Contracting Party, even when those supplies are used The materials referred to above may be required to be kept under customs supervision or control.
(3) The regular airborne equipment, spare parts, aircraft stores and supplies of fuels and lubricants 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 Contracting Party, who may require that those materials be placed under their supervision up to such time as they are re-exported or otherwise disposed of in accordance with customs regulations.
4) Moveable properties of the designated airline of one Contracting Party, office equipment, stationary, travel documents including airline tickets, airway bills as well as publicity material and give-away items, introduced in the territory of the other Contracting Party shall be exempt from all customs duties, inspection fees and other duties or taxes.
ARTICLE 7
FINANCIAL PROVISIONS
(1) Either Contracting Party undertakes to grant the designated airline of the other Contracting Party the right of free transfer, at the official rate of exchange, of the excess of receipts over expenditure achieved in it's territory in connection with the carriage of passengers, baggage, mail shipments and freight by the designated airline of the other Contracting Party. Whenever the payments between the Contracting Parties is governed by a special agreement, that agreement shall apply.
(2) The designated airline of each of the Contracting Parties shall be exempt from income tax or other similar taxes in the territory of the other Contracting Party in respect of the gains or profits increaseding to it from the operation of the services.
(3) Each Contracting Party shall take such action as may be necessary in terms of its laws to enable the provisions of this article to take effect.
ARTICLE 8
TECHNICAL AND COMMERCIAL REPRESENTATION
(1) The designated airline 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 territory of the other Contracting Party those of their own managerial, technical, operational and other specialist staff who are required for the provision of air services.
(2) The designated airline of each Contracting Party shall have the right to engage in the sale of air transportation in the territory of the other Contracting Party, either directly or through agents appointed by the designated airline.
ARTICLE 9
ENTRY AND CLEARANCE REGULATIONS
(1) The laws, rules and regulations in force at one Contracting Party relating to entry into or departure from its territory of passengers, crew or cargo of aircraft (such as regulation relating to entry, clearance, immigration, passports, customs and quarantine) shall be applicable to the passengers, crew or cargo of the aircraft of the airline designated by the other Contracting Party while in the territory of the first Contracting Party.
(2) Passengers in transit across the territory of a Contracting Party shall be subject to a simplified form of customs and immigration control. Baggage and freight shall be exempt from customs duties, inspection fees and other national duties and charges if in direct transit.
ARTICLE 10
CAPACITY PROVISIONS
(1) There shall be fair and equal opportunity for the designated airline of each Contracting Party to operate the agreed services on any specified route in accordance with article 2 of this Agreement between their respective territories.
(2) In the operation of the agreed services on the specified routes in accordance with article 2 of this Agreement, 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 effect unduly the air services which the latter airline operates over the whole roads or parts thereof.
(3) The agreed services provided by a designated airline shall retain, as their primary objective, the provision, at a reasonable load factor, of capacity adequate to meet the current and reasonably anticipated requirements for the carriage of passengers, mail and cargo, originating from or destined for the territory of the Contracting Party designating the airline. The right of the designated airline of either Contracting Party to embark or to disembark at the point in the territory of the other Contracting Party international traffic destined for or coming from third countries shall be in accordance with the principles that such traffic will be of a supplementary character and capacity shall be related to:
a) traffic demands between the territory of the Contracting Party designating the airline and the points on the specified routes;
b) traffic requirements of the areas through which the airline passes, after taking account of other air services operated by the airlines of the States comprising the area, and
(c) the requirements of through airline operation.
ARTICLE 11
APPROVAL OF FLIGHT SCHEDULES
(1) The designated airlines shall communicate to the Aeronautical Authorities of the Contracting Parties not later than thirty days prior to the initiation of the agreed services on the specified routes in accordance with article 2 of this Agreement, the type of service, the types of aircraft to be used and the flight schedules. This shall likewise apply to later changes as well as before each summer and winter schedule.
(2) The Aeronautical Authorities receiving such flight schedules shall normally approve the schedules or suggest modifications thereto. In any case the designated airlines shall not start their services before the schedules are approved by the Aeronautical Authorities concerned. This provision shall likewise apply to later changes.
ARTICLE 12
INFORMATION AND STATISTICS
The Aeronautical Authorities of either Contracting Party shall furnish to the Aeronautical Authorities of the other Contracting Party at their request such periodic or other statistical data as may be reasonably required for the purpose of reviewing the capacity provided by the designated airline of the first Contracting Party on the specified routes in accordance with Article (2) of this Agreement. Such data shall include all information required to determine the amount of traffic carried.
ARTICLE 13
ESTABLISHMENT OF TARIFFS
(1) The tariffs of any agreed service shall be established at reasonable levels, due regard being paid to all relevant factors including cost of operation; reasonable profit, characteristics of service on the variable routes (such as standards of speed and accommodation) and the tariffs of other airlines for any part of the specified route, these tariffs shall be fixed in accordance with the following provisions of this Article.
(2) The tariffs referred to in Paragraph (1) of this article shall, if possible, be agreed in respect of each of the specified routes between the designated airlines concerned in consultation when necessary with other airlines operating over the whole or part of that route, and such agreement shall, whenever possible, be reached through the rate-fixing machinery of the international Air Transport Association (IATA). The tariffs so agreed shall be subject to the approval of the Aeronautical Authorities of the Contracting Parties at least 45 days prior to the proposed date of introduction of these tariffs. This period can be reduced in special cases by agreement with the Aeronautical Authorities concerned.
(3) If the designated airlines cannot agree on any of these tariffs or if for some reason a tariff cannot be agreed in accordance with the provisions of paragraph (2) of this Article, the Aeronautical Authorities of the Contracting Parties shall try to determine the tariff by agreement between themselves.
4) If the Aeronautical Authorities cannot agree on the approval of any tariff submitted to them under paragraph (2) of this Article or on the determination of any tariff under paragraph (3), the matter shall be referred to the Contracting Parties for settlement in accordance with the provisions of Article 15 of this Agreement.
5) Pending determination of the tariffs in accordance with the provisions of this Article, the tariffs already in force shall prevail. Nevertheless a tariff shall not be prolonged by virtue of this paragraph for more than 12 months after the date on which it otherwise would have expired.
ARTICLE 14
AVIATION SECURITY
(1) The Contracting Parties reaffirm consistent with their rights and obligations under international law, that their obligations to each other to protect the security of civil aviation against acts of unlawful interference form 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
(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 Standards and, so far as they are applied by them, the Recommended Practices established by the International Civil Aviation organization and designated as Annexes to the Chicago Convention; and shall require that operators of aircraft of their registry, operators 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. In this paragraph the reference to aviation security Standards includes any difference notified by the Contracting Party concerned.
4) Each Contracting Party shall ensure that effective measures are taken within its territory to protect aircraft, to screen passengers and their carry-on items, and to carry out appropriate checks on crew, cargo (including hold baggage) and aircraft stores prior to and during boarding or loading and that those measures are adjusted to meet the increase in the threat. Each Contracting Party agrees that its airlines may be required to observe the aviation security provisions referred to in paragraph (3) required by the other Contracting Party for entrance into, departure from, or while within, the territory of that other Contracting Party. Each Contracting Party shall also act favorably upon 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 as rapidly as possible comensurate with minimum risk to life such incident or threat.
6) When a Contracting Party has reasonable grounds to believe that the other Contracting Party has departed from the provisions of this Article, the first Contracting Party may request immediate consultations with the other Contracting Party. These consultations will be aimed to reach an agreement upon the measures suitable to eliminate the more immediate reasons of worry and to adopt in the framework of the ICAO security standards, the actions necessary to establish the appropriate conditions of security.
7) Each Contracting Party shall take such measures, as it may find practicable, to ensure that an aircraft subject to an act of unlawful seizure or other acts of unlawful interference which has landed in its territory is detained on the ground unless its departure is necessitated by the overriding duty to protect human life. Wherever practicable, such measures shall be taken on the basis of mutual consultations.
ARTICLE 15
CONSULTATIONS AND MODIFICATIONS
1) Exchange of views shall take place as needed between the Aeronautical Authorities of the Contracting Parties in order to achieve, closer cooperation and agreement in all matters pertaining to the application of this Agreement.
(2) Each Contracting Party may at any time request consultations with the other Contracting Party for the purpose of amending this agreement or the Schedule. Such consultations shall begin with a period of 60 days from the date of receipt of such request. Any amendment to this Agreement agreed to as a result of such consultations shall be approved by each Contracting Party in accordance with its constitutional procedures and shall enter into force on the date of exchange of diplomatic notes indicating such approval, though it may be agreed to apply the amendment agreed to provisionally from the date of agreement.
(3) If the amendment relates only to the Schedule, the consultations shall be between the Aeronautical Authorities of both Contracting Parties. When these authorities agree on a new or revised Schedule, the agreed amendments shall come into force as soon as they have been confirmed by and exchange of diplomatic notes.
ARTICLE 16
SETTLEMENT OF DISPUTES
(1) If any dispute arises between the Contracting Parties relating to the interpretation or application of this Agreement, the Contracting Parties shall in the first place endeavor to settle it by negotiations between themselves.
(2) If the Contracting Parties fail to reach within 60 days a settlement by negotiations they shall refer the dispute for decision to a person or body or at the request of one of the Contracting Parties to an arbitration tribunal. The arbitration tribunal shall be composed as follows:
(a) Each Contracting Party shall nominate an arbitrator; if one Contracting Party fails to nominate his arbitrator within 60 days, such arbitrator shall be nominated by the President of the Council of the International Civil Aviation 0rganization at the request of the other Contracting Party;
(b) The third arbitrator, who shall be national of a third state and who shall preside the arbitrate tribunal, shall be nominated either,
1. by agreement between the Contracting Parties; gold
2. if within 60 days the Contracting Parties do not so agree, by appointment of the President of the Council of the International Civil Aviation Organization by the request of either Contracting Party.
(3) The arbitral tribunal shall reach its decisions by a majority of votes. Such decisions shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of his own member as well as of his representation in the arbitral proceedings; the cost of the Chairman and any other cost shall be borne in equal parts by the Contracting Parties. In all other respects, the arbitral tribunal shall determine its own procedure.
ARTICLE 17
CONFORMITY WITH MULTILATERAL CONVENTIONS
In the event of a general multilateral air transport convention accepted by the Contracting Parties entering into force, the provisions of such convention shall prevail.
Any discussions with a view to determining the extent to which this Agreement is terminated, superseded, amended or supplemented by the provisions of the multilateral convention, shall take place in accordance with paragraph (2) of Article 15 of this Agreement.
ARTICLE 18
TERMINATION
Either Contracting Party may at any time notify the other Contracting Party in writing through diplomatic channels of his decision to terminate this Agreement. A copy of the notice shall be sent simultaneously to the Secretary General of the International Civil Aviation Organization. If such notice is given, this Agreement shall terminate twelve months after the date of receipt by the other Contracting Party of the notice to terminate, unless by agreement the Contracting Parties the notice under reference is withdrawn before the expiry of that period. If the other Contracting Party fails to acknowledge receipt, notice shall be deemed to have been received fourteen days after the date of the receipt by the Secretary General of the International Civil Aviation Organization of his copy.
ARTICLE 19
REGISTRATION
This Agreement, the Schedule and any amendment thereto shall be registered with the International Civil Aviation Organization.
ARTICLE 20
TITLES
Titles are inserted in this Agreement at the head of each article for the purpose of reference and convenience and in no way to define, limit or describe the scope or intent of this Agreement.
ARTICLE 21
ENTRY INTO FORCE
This Agreement shall be subject to the ratification by each Contracting Party. Each of the Contracting Parties shall notify the other Contracting Party through the diplomatic channel of the completion of its constitutional formalities required to bring this Agreement into effect.
The Agreement shall come into force on the first day of the month from the date of the last notification.
IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed in Brussels at this 30 th day April 1999;
This Agreement, done in two originals, in English language; equally authentic.
SCHEDULE
(1) Route to be operated by the designated airline of the State of Kuwait in both directions with full traffic rights
For the consultation of the table, see image
(2) Routes to be operated by the designated airline of the Kingdom of Belgium in both directions with full traffic rights :
For the consultation of the table, see image
Note:
Each designated airline may operate through intermediate points and points beyond without exercising traffic rights between these points and the territory of the other Contracting Party.

AGREEMENT BETWEEN THE GOVERNMENT OF THE BELGIUM ROYAL AND THE GOVERNMENT OF THE KOWEIT RELEVANT TO THE AIR TRANSPORT
The Government of the State of Kuwait and the Government of the Kingdom of Belgium (hereinafter referred to as Contracting Parties),
Desiring to develop the Air Services between the State of Kuwait and the Kingdom of Belgium and to promote to the greatest extent possible international cooperation in this field,
Desiring to submit these services to the principles and provisions of the Convention on International Civil Aviation and the Agreement on the Transit of International Air Services opened for signature in Chicago on December 7, 1944, agreed as follows:
ARTICLE 1^er
Definitions
For the purposes of this Agreement, unless the context otherwise provides:
(a) "The Convention" means the Convention on International Civil Aviation opened for signature in Chicago on 7 December 1944 and includes any Annex adopted under Article 90 of the Convention and any amendment to the Annexes or Convention adopted under Articles 90 and 94 thereof, provided that these Annexes and Amendments have been adopted by the two Contracting Parties;
(b) The term "ACCORD" means this Agreement, its Annex, and any amendments to this Agreement or the Annex;
(c) "AERONAUTICAL AUTHORITY" means in the case of the State of Kuwait, the General Directorate of Civil Aviation, in the case of the Kingdom of Belgium, the Ministry of Communications (Administration of Civil Aviation) or in both cases any other person or authority authorized to perform the functions of the said authorities;
(d) "ERIEN DESIGNEE TRANSPORT COMPANIES" means an air carrier that a Contracting Party has designated in writing to the other Contracting Party in accordance with Article (3) of this Agreement as an air carrier that will operate the services agreed on the routes specified in accordance with Article (2) of this Agreement;
(e) "TERRITOIRE", "SERVICE AERIEN", "SERVICE AERIEN INTERNATIONAL" and "ESCALE NON COMMERCIALE" have, for this Agreement, the meaning assigned to them in Articles 2 and 96 of the Convention;
(f) "CAPACITE" means:
I) for an aircraft, the available merchant load of that aircraft on a road or road portion;
II) for a specified air service, the capacity of the aircraft used for that service multiplied by the frequency operated by that aircraft during a specified period on a road or road portion;
(g) The term "TARIFS" means the prices to be paid for the carriage of passengers, baggage and goods and the conditions to which these prices apply, including the prices and conditions for the services of agencies and other auxiliary services, but excluding remuneration and conditions for the transport of mail;
(h) "TABLEAU" means the road map annexed to this Agreement or as amended in accordance with the provisions of Article (15) (3) of this Agreement. The table is an integral part of this Agreement and any references to the Agreement will include the table reference unless the context otherwise provides.
ARTICLE 2
Granting rights and privileges
(1) Each Contracting Party shall grant to the other Contracting Party the rights specified in this Agreement to enable its designated air carrier to establish and operate international air services on the routes specified in the appropriate section for that purpose of the table (hereinafter referred to as "SERVICES CONVENUS" and "ROUTES SPECIFIEES").
(2) In accordance with the provisions of this Agreement, the designated air carrier of each Contracting Party shall be entitled to operate an agreed service on a specified road of the following privileges:
(a) overflight without landing the territory of the other Contracting Party;
(b) make non-commercial ports of call in that territory, and
(c) make ports of call in the said territory at a point or points specified for this route in the Table in order to disembark and take passengers, mail and goods in international traffic.
(3) Nothing in paragraph 1^er of this Article shall not be construed as conferring on the designated air carrier of one of the Contracting Parties the privilege of embarking on, on the territory of the other Contracting Party, passengers, goods or mail to carry them, for remuneration or under a lease contract, to another point in the territory of that other Contracting Party.
ARTICLE 3
Designation and authorization
(1) The services agreed on the specified routes may start at any time as long as:
(a) the Contracting Party, to which the rights specified in Article 2 have been granted, has designated in writing an air carrier, and that
(b) the Contracting Party granting these rights authorized the designated air carrier to commence air services.
(2) The Contracting Party granting these rights shall issue without delay in accordance with the provisions of paragraphs (3) and (4) of this Article, such authorization to operate the services agreed upon provided that a tariff has been established for those services agreed in accordance with the provisions of Article 13 of this Agreement.
(3) The designated air carrier of each Contracting Party may be obliged to prove to the other Contracting Party that it is in a position to fulfil the conditions prescribed by the laws and regulations normally and reasonably applied by that Contracting Party to the operation of international air services in accordance with the provisions of the Convention.
4) Each Contracting Party may refuse the exercise of the privileges granted by Article 2 of this Agreement to an air carrier designated by the other Contracting Party where such an air carrier may not prove on request that a substantial part of the property and the effective control of the undertaking in question shall be in the hands of the Contracting Party designating the air carrier or its nationals or agencies.
ARTICLE 4
Revocation, limitation and imposition of conditions
(1) Each Contracting Party shall have the right to suspend the exercise of the privileges specified in Article 2 of this Agreement by the designated air carrier of the other Contracting Party or to impose the conditions that it deems necessary for the exercise by that air carrier of the privileges for which that undertaking does not comply with the laws and regulations of the Contracting Party granting such privileges or in the case that it does not operate under this Agreement except for immediate suspension or imposition of conditions deemed necessary to prevent any continuing information to the laws and regulations or in the interest of air safety, the right shall be exercised only after consultation with the other Contracting Party in accordance with the provisions of Article 15 of this Agreement.
(2) In the event of an action by one of the Contracting Parties under this Article, no prejudice shall be brought to the rights of the two Contracting Parties.
ARTICLE 5
Airport fees and facilities
The royalties imposed on the territory of each Contracting Party for the use of airports and other aerial installations on the aircraft of a designated air carrier of the other Contracting Party shall not be higher than those imposed on the aircraft of a national air carrier providing similar international air services.
ARTICLE 6
Exemptions from customs duties and other charges
(1) Aircraft operated in international air services by the air carrier designated by a Contracting Party, as well as normal equipment, spare parts, fuel supplies and lubricant oils and on-board provisions (including food, beverages and tobacco) on board that aircraft will be exempted from all customs duties, inspection fees and other taxes and duties upon arrival on the territory of the other Contracting Party for such supplies
(2) The fuel supplies, lubricant oils, spare parts, normal equipment and on-board provisions introduced in the territory of each Contracting Party by or on behalf of the designated air carrier of the other Contracting Party or taken on board the aircraft operated by that air carrier and intended only to be used for the operation of international air services shall be exempted from all duties and taxes included in the tariffs and fees The materials discussed above may be placed under customs supervision and control.
(3) The normal equipment of aircraft, spare parts, vessel provisions and supplies of fuel and lubricant oils kept on board the aircraft of each Contracting Party may only be discharged in the territory of the other Contracting Party with the agreement of the Customs authorities of that Contracting Party which may require that these materials be placed under their supervision until they are re-exported or otherwise disposed of in accordance with the regulations.
4) The mobile properties of a designated air carrier of a Contracting Party, office equipment, port of call equipment, travel documents including tickets, air transport letters, advertising material and gifts introduced in the territory of the other Contracting Party shall be exempted from all customs duties, inspection fees and other duties and taxes.
ARTICLE 7
Financial provisions
(1) Each Contracting Party undertakes to grant to the designated air carrier of the other Contracting Party the right to freely transfer, at the official exchange rate, the excess of revenues on the expenditures made on its territory following the carriage of passengers, baggage, mail and goods by the designated air carrier of the other Contracting Party. If the system of payments between Contracting Parties is settled by a special agreement, this agreement will be implemented.
(2) The designated air carrier of each Contracting Party shall be exempted from tax on revenues or other similar taxes on the territory of the other Contracting Party as to its gains or benefits arising out of the operation of the services.
(3) Each Contracting Party shall make any necessary provision in accordance with its laws in order to permit the implementation of the provisions of this Article.
ARTICLE 8
Technical and commercial representation
(1) The designated air carrier of a Contracting Party shall be authorized, in accordance with the laws and regulations relating to the entry, residence and employment of the other Contracting Party, to assign and maintain in the territory of the other Contracting Party the members of their management, technical, operational and other specialists necessary for the provision of air services.
(2) The designated air carrier of each Contracting Party shall be entitled to sell air transportation on the territory of the other Contracting Party either directly or through agents designated by the designated air carrier.
ARTICLE 9
Entry and clearance regulations
(1) The laws, rules and regulations in force in a Contracting Party relating to the entry and departure of its territory of passengers, crews or goods of an aircraft (such as the regulations concerning the entry, clearance, immigration, passports, customs and quarantine) shall be applied to passengers, crews or goods of the aircraft of the air carrier designated by the other Contracting Party during its stay.
(2) Passengers in transit in the territory of a Contracting Party will be subject to simplified customs and immigration control.
Baggage and goods will be free of customs duties, inspection fees and other national duties and taxes if they are in direct transit.
ARTICLE 10
Capacity provisions
(1) The designated air carrier of each Contracting Party shall enjoy fair and equal opportunities in the operation of the services agreed upon on a road specified between their respective territories in accordance with Article 2 of this Agreement
(2) In the operation of the services agreed on the routes specified in accordance with Article 2 of this Agreement, the designated air carrier of each Contracting Party shall take into account the interests of the designated air carrier of the other Contracting Party so as not to unduly affect the air services that the Contracting Party provides on all or part of the roads.
(3) The main objective of the agreed services provided by a designated air carrier shall be to provide, on a reasonable basis, sufficient capacity to meet the normal and normally predictable requirements for the carriage of passengers, mail and goods from or to the territory of the Contracting Party designating the air carrier. The right of the designated air carrier of each Contracting Party to embark or disembark in point from the territory of the other Contracting Party of international traffic destined for or from third countries shall be exercised in accordance with the principles that such traffic shall be mutually reinforcing and that the capacity shall be adapted to:
(a) requests for traffic between the territory of the Contracting Party designating the air carrier and the points on specified routes;
(b) the requirements of the traffic in the regions crossed by the air transport company after taking into account the other air services operated by air transport companies belonging to the region;
(c) the requirements of operations or long-haul air services.
ARTICLE 11
Approval of flight schedules
(1) Designated air carriers shall communicate to the Aeronautical Authorities of the Contracting Parties no later than thirty days before the commencement of the agreed services on the routes specified in accordance with Article 2 of this Agreement, the type of service, the types of aircraft used and the flight schedules. This will be applied for any subsequent changes as well as for each summer and winter schedule.
(2) Aeronautical authorities receiving such flight schedules will normally approve or suggest modifications to these schedules. In any event, air carriers will not be able to start their services before the schedules are approved by the relevant aeronautical authorities. This provision will also be applied for any subsequent amendment.
ARTICLE 12
Information and statistics
The aeronautical authorities of each Contracting Party shall provide to the aeronautical authorities of the other Contracting Party, at their request, periodic and statistical data which shall reasonably permit the review of the capacity offered by the designated air carrier of the first Contracting Party on the routes specified in accordance with Article 2 of this Agreement. This data will include any information necessary to determine the total traffic carried.
ARTICLE 13
Tariff establishment
(1) The rates for any service agreed upon will be established at reasonable rates with due regard to all relevant assessment elements including operating costs, reasonable benefit, service characteristics on the various routes (i.e. speed and consumption standards) and the rates of other air carriers for any part of the specified road. These rates shall be fixed in accordance with the following provisions of this Article.
(2) The rates referred to in subsection (1) of this Article shall, if possible approved for each of the routes specified between the designated air carriers concerned and if necessary after consultation with other air carriers operating all or part of that road and such agreement shall, if possible, be obtained under the International Air Transport Association (IATA) rate setting mechanism. The tariffs so approved shall be subject to approval by the Aeronautical Authorities of the Contracting Parties at least 45 days before the proposed date of application of these tariffs. This period may be reduced in special cases with the agreement of the aeronautical authorities concerned.
(3) If the designated air carriers cannot agree on such tariffs or if for any reason a tariff cannot be approved in accordance with the provisions of subsection (2) of this Article, the Aeronautical Authorities of the Contracting Parties shall endeavour to establish a common tariff agreement.
4) If aeronautical authorities cannot agree on a tariff that has been submitted to them under subsection (2) of this Article or on a tariff that they have to fix in accordance with subsection (3), the problem shall be submitted to the Contracting Parties to be settled in accordance with the provisions of Article 15 of this Agreement.
5) Pending the establishment of tariffs in accordance with the provisions of this Article, the tariffs already in force shall prevail. However, a tariff will not be extended under this paragraph for more than 12 months after the normal expiry date.
ARTICLE 14
Aviation safety
(1) The Contracting Parties reaffirm, in accordance with their rights and obligations under international law, that their obligations to protect, in their mutual relations, civil aviation against acts of unlawful intervention; to ensure its security, are an integral part of this Agreement. Without limiting all their rights and obligations under international law, Contracting Parties shall comply in particular with the provisions of the Convention on Offences and Certain Other Acts Committed on board Aircraft, signed in Tokyo on 14 September 1963, with the Convention for the Suppression of the Illicit Capture of Aircraft, signed at the Hague on 16 December 1970, and with the Convention for the Suppression of Unlawful Acts Designated against the Safety of Civil Aviation, signed in Montreal on 23
(2) The Contracting Parties shall mutually agree upon request all necessary assistance to prevent the unlawful capture of civilian aircraft and other unlawful acts against the safety of such aircraft, passengers and crews, airports and air navigation facilities and services and any other threat to the safety of civil aviation.
(3) The Contracting Parties in their mutual relations shall comply with the standards of aviation safety and, as far as they are applied, the recommended practices established by the International Civil Aviation Organization and which have designated as Annexes to the Chicago Convention; and they require operators of aircraft registered by them, operators who have their main headquarters of their operation or permanent residence on their territory, and airport operators located in their territory that comply with these provisions relating to aviation safety. In this paragraph, the reference to aviation safety standards includes any amendment notified by the Contracting Party concerned.
4) Each Contracting Party shall ensure that the necessary measures are taken in its territory to protect aircraft, control passengers and their hand baggage and perform the appropriate controls of crews, goods (including baggage) and on-board provisions before and during boarding or loading and that these measures are appropriate to respond to the increase in the threat. Each Contracting Party agrees that its air carriers are invited to comply with the aviation safety provisions set out in subsection (3) required for the other Contracting Party for entry into, departure from or during the stay in the territory of that other Contracting Party. Each Contracting Party shall respond favourably to any request by the other Contracting Party for special security measures to be taken to protect against a particular threat.
5) When an act of unlawful capture of a civilian aircraft or any other unlawful act directed against the safety of that aircraft, its passengers and crews, airports and air navigation facilities and services is committed or where there is a threat of such an act, the Contracting Parties shall assist in facilitating communications and other appropriate measures to put an end with speed and security, at the least risk to the act or threat of human life.
6) Where a Contracting Party has reason to believe that the other Contracting Party derogates from the provisions of this Article, the first Contracting Party may request immediate consultations with the other Contracting Party. The purpose of these consultations will be to reach an agreement on appropriate measures to put an end to immediate causes and concerns and to adopt within the framework of ICAO security standards the actions necessary to establish appropriate security conditions.
7) Each Contracting Party shall take the appropriate measures to ensure that an aircraft, subject to an unlawful capture act or any other wrongful injunction, having landed on its territory is kept on the ground unless its departure is made necessary for the protection of human life. Such measures will be mutually agreed upon if possible.
ARTICLE 15
Consultations and amendments
(1) Exchange of views will take place if necessary between the Aeronautical Authorities of the Contracting Parties in order to generate close collaboration and approval on all matters concerning the application of this Agreement.
(2) Each Contracting Party may at any time request consultations with the other Contracting Party with a view to amending this Agreement or the Routes Table. These consultations will begin within 60 days of the date of receipt of an application for this purpose. Any amendment to this Agreement adopted following such consultations shall be approved by each Contracting Party in accordance with these constitutional procedures and shall enter into force on the date of exchange of diplomatic notes notifying such approval. However, it may be that the approved amendment enters provisionally into force on the day of the agreement.
(3) If the amendment concerns only the Roadmap, consultations will be held between the Aeronautical Authorities of the two Contracting Parties. When these Authorities approve a new or revised road map, the approved amendments will come into force as soon as they are confirmed by an exchange of diplomatic notes.
ARTICLE 16
Settlement of disputes
(1) If a dispute arises between the Contracting Parties concerning the interpretation or application of this Agreement, the Contracting Parties shall first endeavour to resolve it through negotiations between them.
(2) If the Contracting Parties fail to reach a settlement within 60 days by negotiation, they shall submit the dispute to the decision of any person or agency or, at the option of either of the Contracting Parties, to the decision of an arbitral tribunal.
(a) each Contracting Party shall appoint an arbitrator; if a Contracting Party does not appoint its arbitrator within 60 days, that arbitrator shall be appointed by the President of the Council of the Organization of International Civil Aviation at the request of the other Contracting Party;
(b) the third arbitrator to be a national of a third State and to act as president of the arbitral tribunal shall be designated:
1. by agreement between the Contracting Parties;
or
2. if within 60 days the Contracting Parties shall not agree, by the President of the Council of the Organization of International Civil Aviation at the request of each Contracting Party.
(3) The arbitral tribunal shall make its decisions by a majority vote. These decisions bind both Contracting Parties. Each Contracting Party shall pay the costs of its arbitrator and those inherent in its representation in arbitral proceedings; the costs of the President and any other costs shall be shared equally between the Contracting Parties. The arbitral tribunal shall determine its own procedure.
ARTICLE 17
Compliance with multilateral conventions
If a multilateral air Convention of a general nature is binding on the two Contracting Parties, the provisions of this Convention shall prevail. Any discussion with a view to determining the extent to which the present Agreement has ended, is exceeded, amended or supplemented by the provisions of this multilateral convention shall be held in accordance with Article 15 (2) of this Agreement.
ARTICLE 18
Denunciation
Each Contracting Party may at any time notify in writing via diplomatic channels to the other Contracting Party its decision to denounce this Agreement. A copy of this notification will be sent simultaneously to the Secretary General of the International Civil Aviation Organization. If such notification has been given, this Agreement shall terminate twelve months after the date of receipt of the notification by the other Contracting Party unless, in common agreement, the Contracting Parties withdraw the notification before the expiry of that period. In the absence of an acknowledgement of receipt from the other Contracting Party, the notification shall be deemed to have been received fourteen days after the date of receipt of its copy by the Secretary-General of the International Civil Aviation Organization.
ARTICLE 19
Registration
This Agreement, the Roads Table and any changes to it will be registered with the International Civil Aviation Organization.
ARTICLE 20
Titles
Titles are inserted in this Agreement at the beginning of each article for reference and convenience and not to define, limit or describe the purpose and intent of this Agreement.
ARTICLE 21
Entry into force
This Agreement shall be subject to ratification by each Contracting Party. Each Contracting Party shall notify the other Contracting Party by diplomatic means of the fulfilment of its own institutional formalities for the entry into force of this Agreement.
The Agreement shall enter into force on the first day of the month from the date of the last notification.
The undersigned, duly authorized by their respective Governments, signed in Brussels on 30 April 1999.
This Agreement shall be made in duplicate in the English language, the texts being equally authentic.
CONTENTS
(1) Route to be operated by the designated air carrier of the State of Kuwait in both directions with full traffic law:
Departure point Destination point
Kuwait Points in Belgium
(2) Routes to be exploited for the designated air carrier of the Kingdom of Belgium in both directions with full traffic rights:
Departure point Destination point
Points in Belgium Kuwait
Note:
Each designated air carrier may operate via intermediate points and points beyond without exercising traffic rights between these points and the territory of the other Contracting Party.