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Law Approving The Agreement Between The Government Of The Kingdom Of Belgium And The Government Of The Republic Of Azerbaijan On Air Transport, And Annex, Signed In Baku On 13 April 1998 (1) (2)

Original Language Title: Loi portant assentiment à l'Accord entre le Gouvernement du Royaume de Belgique et le Gouvernement de la République d'Azerbaïdjan relatif au transport aérien, et à l'Annexe, signés à Bakou le 13 avril 1998 (1) (2)

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22 AVRIL 2003. - An Act to approve the Agreement between the Government of the Kingdom of Belgium and the Government of the Republic of Azerbaijan on Air Transport and the Annex signed in Baku on April 13, 1998 (1) (2)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. 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 Republic of Azerbaijan on Air Transport, and the Annex, signed in Brussels on 13 April 1998, will come out their full and full effect.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given at Châteauneuf-de-Grasse on April 22, 2003.
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
____
Note
(1) Session 2002-2003.
Senate.
Documents. - Bill tabled on 18 October 2002, No. 2-1319/1. Report, no. 2-1319/2. - Text adopted by the Commission, no.
Annales parliamentarians. - Discussion, meeting of December 12, 2002. - Vote, meeting of 12 December 2002.
House of Representatives.
Session 2002-2003.
Documents. - Project transmitted by the Senate, No. 50-2202/1 - Report. - Text adopted in plenary and subject to Royal Assent, No. 50-2202/2.
Annales parliamentarians. - Discussion, meeting of 13 February 2003. - Voting, meeting of 13 February 2003.
(2) This trafficking came into force on 1er June 2003.

AGREEMENT BETWEEN THE GOVERNMENT OF THE KINGDOM OF BELGIUM AND THE GOVERNMENT OF THE REPUBLIC OF AZERBAIJAN ON AIR TRANSPORT
THE GOVERNMENT OF THE KINGDOM OF BELGIUM AND THE GOVERNMENT OF THE REPUBLIC OF AZERBAIJAN
Being parties to the Convention on International Civil Aviation opened for signature at Chicago, on the 7th day of 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;
Desiring to ensure the highest degree of safety and security in international air transport;
Have agreed as follows:
ARTICLE 1
Definitions
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 Annex adopted under Article 90 of that Convention and any amendment of the annexes or of the Convention under Articles 90 and 94 thereof so far as those Annexes and amendments have been adopted or ratified by both Contracting Parties;
b) the term "Agreement" means this Agreement, the Annex attached there to, and any modifications to the Agreement or to the Annex;
(c) the term "aeronautical authorities" means: in the case of Belgium, The Ministry of Communications and, in the case of Azerbaijan, the Ministry responsible for Civil Aviation or, in both cases, any other authority or person empowered to perform the functions now exercised by the said authorities;
d) the terms "Territory", "Air Service", "International Air Service", "Airline" and "Stop for non-traffic purposes" have the meaning respectively assigned to them in Articles 2 and 96 of the Convention;
e) the term "Designated airline" means an airline which has been designated and authorized in accordance with Articles 3 and 4 of this Agreement;
(f) the term "Agreed services" means scheduled air services on the roads specified in the Annex to this Agreement for the transport of passengers, cargo and mail, separately or in combination;
(g) the term "Tariffs" means the prices to be paid for the carriage of passengers, baggage and cargo and the conditions under which those prices apply, including prices and conditions for agency and other ancillary services, but excluding remuneration and conditions for the carriage of mail;
h) the term "Change of gauge" means the operation of one of the agreed services by a designated airline in such a way that one section of the route is flown by aircraft different in capacity from those used on another section;
i) the terms "aircraft equipment", "ground equipment", "aircraft stores", "spare parts" have the meanings respectively assigned to them in Annex 9 of the Convention.
ARTICLE 2
Grant of Rights
1. Each Contracting Party grants to the other Contracting Party the following rights for the conduct of international air services by the respective designated airlines :
(a) to fly without landing across its territory;
(b) to make stops in its territory for non-traffic purposes;
c) to make stops in its territory for the purpose of taking up and discharging, while operating the roads specified in the Annex, international traffic in passengers, cargo and mail originating in or destined for the territory of the other Contracting Party.
2. 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 to operate services
1. Each Contracting Party shall have the right to designate, by diplomatic note, to the other Contracting Party, one or more airlines to operate the agreed services on the roads specified in the Annex for such a Contracting Party.
2. Each Contracting Party shall have the right to withdraw, by diplomatic note to the other Contracting Party, the designation of any airline and to designate another one.
ARTICLE 4
Authorization to operate services
1. Following receipt of a notice of designation by one Contracting Party pursuant to Article 3 of this Agreement, the aeronautical authorities of the other Contracting Party shall, consistent with its laws and regulations, grant without delay to the airlines so designated the appropriate authorizations to operate the agreed services for which those air havelines been designated.
2. Upon receipt of such authorizations the airlines may begin at any time to operate the agreed services, in whole or in part, provided that the airlines comply with the applicable provisions of this Agreement and that tariffs are established in accordance with the provisions of Article 13 of this Agreement.
ARTICLE 5
Revocation or suspension of operating authorization
1. The aeronautical authorities of each Contracting Party shall have the right to withhold the authorizations referred to in Article 4 of this Agreement with respect to the airlines designated by the other Contracting Party, to revoke or suspend such authorization or impose conditions, temporarily or permanently;
a) in the event of failure by such airlines 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 these authorities in conformity with the Convention;
b) in the event of failure by such airlines to operate in accordance with the conditions prescribed under this Agreement;
c) in the event of failure by such airlines to comply with the laws and regulations of that Contracting Party;
d) in the event that they are not satisfied that substantial ownership and effective control of the airlines are jacketd in the Contracting Party designating the airline or in its nationals.
2. Unless immediate action is essential to prevent infringement of the laws and regulations referred to above, the rights enumerated in paragraph 1 of this article shall be exercised only after consultations with the aeronautical authorities of the other Contracting Party in conformity with Article 17 of this Agreement.
ARTICLE 6
Application of laws and regulations
1. The laws and regulations of one Contracting Party relating to the admission to, remaining in, or departure from its territory of aircraft engaged in international air navigation or to the operation and navigation of such aircraft shall be complied with by the designated airlines of the other Contracting Party upon entrance into, departure from and while within the said territory.
2. The laws and regulations of one Contracting Party respecting entry, clearance, transit, immigration, passports, customs, currency, sanitary requirements and quarantine shall be complied with by the designated airlines of the other Contracting Party and by or on behalf of their crews, passengers, cargo and mail upon transit of, admission to, departure from and while within the territory of such Contracting Party;
Passengers in transit across the territory of either Contracting Party shall be subject to no more than a simplified control.
3. Neither of the Contracting Parties shall give preference to its own or any other airline over an airline engaged in similar international air services of the other Contracting Party in the application of its regulations specified in paragraphs 1 and 2 of this article or in the use of airports, airways, air traffic services and associated facilities under its control.
ARTICLE 7
Certificates, licences and safety
1. Certificates of airworthiness, certificates of competency and licences issued or rendered valid by one Contracting Party and still in force, shall be recognized as valid by the other Contracting Party for the purpose of operating the agreed services on the roads specified in the Annex, provided that such certificates or licences were issued or rendered valid pursuant to, and in conformity with, the standards established under the Convention.
Each Contracting Party reserves the right, however, to refuse to recognize, for the purpose of flights above its own territory, certificates of competency and licences granted to its own nationals by the other Contracting Party.
2. If the certificates or licences referred to in paragraph 1 of this article were issued or rendered valid according to requirements different from the standards established under the Convention, and if such difference has been filed with the International Civil Aviation Organization, the aeronautical authorities of the other Contracting Party may request consultations in accordance with Article 17 of this Agreement with a view to satisfying themselves that the requirements in question are acceptable to them.
Failure to reach a satisfactory agreement in matters regarding flight safety will constitute grounds for the application of Article 5 of this Agreement.
3.1. Each Contracting Party may request consultations at any time concerning safety standards in any area relating to aircrew, aircraft or their operation adopted by the other Contracting Party. Such consultations shall take place within 30 days of that request.
3.2. If, following such consultations, one Contracting Party finds that the other Contracting Party does not effectively maintain and administer safety standards in any such area that are at least equal to the minimum standards established at that time pursuant to the Chicago Convention, the first Contracting Party shall notify the other Contracting Party of those findings and the steps considered necessary to conform with those minimum standards, and that other Contracting Party shall take appropriate corrective action. Failure by the other Contracting Party to take appropriate action within 15 days or such longer period as may be agreed, shall be grounds for the application of Article 5 of this Agreement (revocation, suspension and variation of operating authorisations).
3.3. Notwithstanding the obligation mentioned in Article 33 of the Chicago Convention it is agreed that any aircraft operated by the airline or airlines of one Contracting Party on services to or from the territory of another Contracting Party may, while within the territory of the other Contracting Party, be made the subject of an examination by the authorised representatives of the other Contracting Party, on board and around the aircraft to check both the validity of the aircraft documents and those of its crew and the apparent condition of the aircraft and its equipment
3.4. If any such ramp inspection or series of ramp inspections gives rise to :
a) serious concerns that an aircraft or the operation of an aircraft does not comply with the minimum standards established at that time pursuant to the Chicago Convention, or
b) serious concerns that there is a lack of effective maintenance and administration of safety standards established at that time pursuant to the Chicago Convention,
the Contracting Party carrying out the inspection shall, for the purposes of Article 33 of the Chicago Convention, be free to conclude that the requirements under which the certificate or licences in respect of that aircraft or in respect of the crew of that aircraft had been issued or rendered valid, or that the requirements under which that aircraft is operated, are not equal to or above the minimum standards established pursuant tot tot the Chicago Convention.
3.5. In the event that access for the purpose of undertaking a ramp inspection of an aircraft operated by the airline or airlines of one Contracting Party in accordance with paragraph 3 above is denied by the representative of that airline or airlines, the other Contracting Party shall be free to infer that serious concerns of the type referred to in paragraph 4 above arise and draw the conclusions referred in that paragraph.
3.6. Each Contracting Party reserves the right to suspend or vary the operating authorisation of an airline or airlines of the other Contracting Party immediately in the event the first Contracting Party concludes, whether as a result of a ramp inspection, a series of ramp inspections, a denial of access for ramp inspection, consultation or otherwise, that immediate action is essential to the safety of an airline operation.
3.7. Any action by one Contracting Party in accordance with paragraphs 2 or 6 above shall be discontinued once the basis for the taking of that action ceases to exist.
ARTICLE 8
Aviation Security
1. The Contracting Parties reaffirm that their obligation to protect, in their mutual relationship, the security of civil aviation against acts of unlawful interference forms an integral part of this Agreement.
2. The Contracting Parties shall provide upon request all necessary assistance to each other to prevent acts of unlawful seizure of aircraft and other unlawful acts against the safety of passengers, crew, aircraft, airports and air navigation facilities and any other threat to aviation security.
3. The Contracting Parties shall 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 Acts against the Safety of Civil Aviation, signed at Montreal on 23 September 1971.
4. The Contracting Parties shall, in their mutual relations, act in conformity with the aviation security provisions established by the International Civil Aviation Organization and designated as annexes to the Convention on International Civil Aviation to the extent that such security provisions are applicable to the Parties; they shall require that operators of aircraft of their registry or operators 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.
5. Each Contracting Party agrees to observe the security provisions required by the other Contracting Party for entry into the territory of that other Contracting Party and to take adequate measures to inspect passengers, crew, their carry-on items as well as cargo prior to boarding or loading. Each Contracting Party shall also give positive consideration to any request from the other Contracting Party for special security measures for its aircraft or passengers to meet a particular threat.
6. When an incident or threat of an incident of unlawful seizure of aircraft or other unlawful acts against the safety of passengers, crew, aircraft, airports and 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 a Contracting Party depart from the aviation security provisions of this article, the aeronautical authorities of the other Contracting Party may request immediate consultations with the aeronautical authorities of that Party. Failure to reach a satisfactory agreement within thirty (30) days will constitute grounds for application of Article 5 of this Agreement.
ARTICLE 9
User charges
1. The charges imposed in the territory of one Contracting Party on the designated airlines of the other Contracting Party for the use of airports and other aviation facilities by the aircraft of the designated airlines of the other Contracting Party shall not be higher than those imposed on the airline(s) of the first Contracting Party engaged in similar international services.
2. Each Contracting Party shall encourage consultations between its competent charging authorities and the designated airlines using the facilities and services, where practicable, through the airlines'representative organizations. Reasonable notice should be given of any proposal for changes in user charges to enable them to express their views before changes are made.
ARTICLE 10
Customs and Excise
1. Each Contracting Party shall, to the designated fullest extent possible under its national law and on a basis of reciprocity, exempt the designated airlines of the other Contracting Party from import restrictions, customs duties, value added taxes, excise fees, inspection fees and other national company, regional or local duties and charges on aircraft, fuel, lubricating oils, consumable technical supplies, spare parts including engines, regular aircraft equipment, ground, aircraft stores and other items intended for use
2. The exemptions granted by this article shall apply to the items referred to in paragraph 1 of this article, whether or not such items are used or consumed wholly within the territory of the Contracting Party granting the exemption, provided such items are:
a) introduced into the territory of one Contracting Party by or on behalf of the designated airlines of the other Contracting Party, but not alienated in the territory of the said Contracting Party;
(b) retained on board aircraft of the designated airlines of one Contracting Party upon arriving in or leaving the territory of the other Contracting Party;
c) taken on board aircraft of the designated airlines of one Contracting Party in the territory of the other Contracting Party and intended for use in operating the agreed services.
3. The regular airborne equipment, the ground equipment, as well as the materials and supplies normally retained on board the aircraft of the designated airlines 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 supervision of the said authorities up to such time as they are re-exported or otherwise disposed of in accordance with Customs legislation or regulations.
4. Baggage and cargo in direct transit shall be exempt from customs duties and other taxes.
5. The exemptions provided for by this article shall also be available where the designated airlines of one Contracting Party has contracted with another airline, which similarly enjoys such exemptions from the other Contracting Party, for the loan or transfer in the territory of the other Contracting Party of the items specified in paragraph 1 of this article.
ARTICLE 11
Capacity
1. There shall be fair and equal opportunity for the designated airlines of each Contracting Party to operate the agreed services between and beyond their respective territories on the roads specified in the Annex to this Agreement.
2. In operating the agreed services, the designated airlines of each Contracting Party shall take into account the interest of the designated airlines of the other Contracting Party so as not to affect unduly the services which the latter provide on the whole or part of the same route.
3. The agreed services provided by the designated airlines of the Contracting Parties shall bear reasonable relationship to the requirements of the public for transportation on the specified roads and shall have 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, cargo and mail between the territories of the Contracting Parties.
4. The designated airlines shall, not later than thirty (30) days prior to the date of operation of any agreed service, submit for approval their proposed flight programs to the aeronautical authorities of both Contracting Parties. Said flight programs shall include i.a. the type of service, the aircraft to be used, the frequencies and the flight schedules.
This shall likewise apply to later changes.
In special cases this time limit may be reduced, subject to the consent of the said authorities.
ARTICLE 12
Change of gauge
The designated airlines of one Contracting Party may make a change of gauge in the territory of the other Contracting Party on the following conditions:
a) that the substitution is justified by reasons of economy of operation;
b) that the aircraft operating on the sector more distant from the territory of the Contracting Party designating the airlines shall operate only in connection with the aircraft on the nearer sector 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 latter, and the capacity shall be determined with primary reference to this purpose;
c) that the airlines shall not hold itself out to the public by advertisement or otherwise as providing a service which originates at the point where the change of aircraft is made, unless otherwise permitted by the Annex to this Agreement;
d) that in connection with any one aircraft flight into the territory of the other Contracting Party in which the change of aircraft is made, only one flight may be made out of that territory unless authorized by the aeronautical authorities of the other Contracting Party to operate more than one flight.
ARTICLE 13
Tariffs
1. The Contracting Parties shall allow that a tariff on one of the roads as specified in the annex shall be established by each of the designated airlines, if possible after consultation between those airlines.
2. The tariffs for carriage on agreed services to and 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, characteristics of service, the interest of users and, where it is deemed suitable, the tariffs of other airlines over all or part of the same route.
3. The tariffs shall be submitted for approval by the aeronautical authorities of both Contracting Parties at least forty-five (45) days before the proposed date of their introduction; in special cases, a shorter period may be accepted by the aeronautical authorities.
If within thirty (30) days from the date of receipt, the aeronautical authorities of one Contracting Party have not notified the aeronautical authorities of the other Contracting Party that they are dissatisfied with the tariff submitted to them, such tariff shall be considered to be acceptable and shall come into effect on the date stated in the proposed tariff.
In the event that a shorter period for the submission of a tariff is accepted by the aeronautical authorities, they may also agree that the period for giving notice of dissatisfaction be less than thirty (30) days.
4. If a notice of dissatisfaction has been filed in accordance with paragraph 3 of this article, the aeronautical authorities of the Contracting Parties shall hold consultations in accordance with Article 17 of this Agreement and endeavour to determine the tariff by agreement between themselves.
5. 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 4 of this article, the dispute shall be settled in accordance with the provisions of article 18 of this Agreement.
6. If the aeronautical authorities of one of the Contracting Parties become dissatisfied with an established tariff, they shall so notify the aeronautical authorities of the other Contracting Party and the designated airlines shall attempt, where required, to reach an agreement.
If within the period of ninety (90) days from the date of receipt of a notice of dissatisfaction, a new tariff cannot be established, the procedures as set out in paragraphs 4 and 5 of this article shall apply.
7. When tariffs have been established in accordance with the provisions of this article, those tariffs shall remain in force until new tariffs have been established in accordance with the provisions of this article or article 18 of this Agreement.
8. No tariff shall come into force if the aeronautical authorities of either Contracting Party are dissatisfied with it except under the provision of paragraph 4 of article 18 of this Agreement.
9. The aeronautical authorities of both Contracting Parties shall endeavour to ensure that the tariffs charged and collected conform to the tariffs approved by them and are not subject to rebates.
ARTICLE 14
Staff requirements
1. The designated airlines of one Contracting Party shall be allowed on the basis of reciprocity, to maintain in the territory of the other Contracting Party their representatives and commercial, operational and technical staff as required in connection with the operation of the agreed services.
2. These staff requirements may, at the option of the designated airlines, be satisfied by their own personnel of any nationality or by using the services of any other organization, company or airline operating in the territory of the other Contracting Party and authorized to perform such services in the territory of that Contracting Party.
3. The representatives and staff shall be subject to the laws and regulations in force of the other Contracting Party. Consistent with such law and regulations, each Contracting Party shall, on the basis of reciprocity and with the minimum of delay, grant the necessary work permits, employment visas or other similar documents to the representatives and staff referred to in paragraph 1 of this article.
4. To the extent permitted under national law, both Contracting Parties shall dispense with the requirement of work permits or employment visas or other similar documents for personnel performing certain temporary services and duties.
ARTICLE 15
Sales and revenues
1. Each designated airline shall be granted the right to engage in the sale of air transportation in the territory of the other Contracting Party directly and, at its discretion, through its agents.
Each designated airline shall have the right to sell transportation in the currency of that territory or, in accordance with local legislation, in freely convertible currencies of other countries.
Any person shall be free to purchase such transportation in currencies accepted for sale by that airline.
2. Each Contracting Party grants to the designated airlines of the other Contracting Party the right of free transfer, after payment of fixed and related taxes, duties and obligatory levies, of the excess of receipts over expenditures earned by the designated airline in its territory. Such transfers shall be effected on the bases of the official exchange rates for current payments, or where there are no official exchange rates, at the prevailing foreign exchange market rates for current payments, applicable on the day of the introduction of the request for transfer by the airline designated by the other Contracting Party and shall not be subject to any charges except normal service charges collected by banks for such transactions.
3. In comes or profits derived by a designated airline of a Contracting Party in the territory of other Contracting Party from the operation of international air services and capital are liable to taxes in accordance with local legislation.
Where a Convention for the avoidance of double taxation with respect to taxes on income and capital exists between the Contracting Parties, the provisions of the latter shall prevail.
ARTICLE 16
Exchange of information
1. The aeronautical authorities of both Contracting Parties shall exchange information, as promptly as possible, concerning the current authorizations extended to their respective designated airlines to render service to, through, and from the territory of the other Contracting Party. This will include copies of current certificates and authorizations for services on specified routes, together with amendments, exemption orders and authorized service patterns.
2. Each Contracting Party shall cause its designated airlines to provide to the aeronautical authorities of the other Contracting Party, as long in advance as practicable, copies of tariffs, schedules, including any modification thereof, and all other relevant information concerning the operation of the agreed services, including information about the capacity provided on each of the specified roads and any further information as may be required to satisfy the aeronautical authorities of the other Contracting Party that the requirements of this Agreement are being observed
3. Each Contracting Party shall cause its designated airlines to provide to the aeronautical authorities of the other Contracting Party statistics relating to the traffic carried on the agreed services showing the points of embarkation and disembarkation.
ARTICLE 17
Consultations
1. The aeronautical authorities of the Contracting Parties shall consult each other from time to time with a view to ensuring close cooperation in all matters affecting the implementation of, and satisfactory compliance with, the provisions of this Agreement and of its Annex.
2. Such consultations shall begin within a period of sixty (60) days of the date of receipt of such a request, unless otherwise agreed by the Contracting Parties.
ARTICLE 18
Settlement of disputes
1. If any dispute arises between the Contracting Parties relating to the interpretation or application of 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, or either Contracting Party may submit the dispute for decision to a Tribunal of three arbitrators.
3. The arbitral tribunal shall be constituted as follows:
Each of the Contracting Parties shall nominate an arbitrator within a period of sixty (60) days from the date of receipt, by one Contracting Party, through diplomatic channels, of a request for arbitration from the other Contracting Party. These two arbitrators shall by agreement appoint a third arbitrator within a further period of sixty (60) days.
The third arbitrator shall be a national of a third State, shall act as President of the Tribunal and shall determine the place where arbitration will be held.
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 Council of the International Civil Aviation Organization may be requested by either Contracting Party to appoint an arbitrator or arbitrators as the case requires.
4. The Contracting Parties to undertake to comply with any decision or award given under paragraphs 2 and 3 of this article.
If either Contracting Party fails to comply with such decision, the other Contracting Party shall have grounds for the application of article 5 of this Agreement.
5. The expenses of the arbitral tribunal shall be shared equally between the Contracting Parties.
ARTICLE 19
Amendments
1. If either of the Contracting Parties considers it desirable to modify any provision of this Agreement, it may request consultations with the other Contracting Party. Such consultations, which may be between aeronautical authorities and which may be through discussion or by correspondence, shall begin within a period of sixty (60) days from the date of the request.
2. If a general multilateral air convention comes into force in respect of both Contracting Parties, the provisions of such convention shall prevail. Consultations in accordance with paragraph 1 of this article may be held with a view to determining the extent to which this Agreement is affected by the provisions of the multilateral convention.
3. Any modification agreed pursuant to such consultations shall come into force when it has been confirmed by an exchange of diplomatic notes.
ARTICLE 20
Termination
1. Either Contracting Party may at any time give notice in writing through diplomatic channels to the other Contracting Party of its decision to terminate this Agreement.
Such notice shall be communicated simultaneously to the International Civil Aviation Organization.
2. The Agreement shall terminate one (1) year after the date of receipt of the notice by the other Contracting Party, unless the notice to terminate is withdrawn by mutual consent 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 21
Registration
This Agreement and any amendment thereto shall be registered with the International Civil Aviation Organization.
ARTICLE 22
Entry into force
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 authorised thereto by their respective Governments, have signed the present Agreement.
DONE in duplicate Baku on this 13rd. day of april in the English language. (1)
FOR THE GOVERNMENT OF THE KINGDOM OF BELGIUM
J.L.DEHAENE,
MINISTER PRIME
FOR THE GOVERNMENT OF THE REPUBLIC OF AZERBAIJAN
CHAIRMAN ALIYEV
The text will betranslated later into French, Dutch and Azerbaijanian languages for ratification purposes.

Annex
SCHEDULE OF ROUTES
1. Routes of the Kingdom of Belgium
For the consultation of the table, see image
Any point or points on the agreed routes may be omitted by the designated airlines of both Contracting Parties or may be operated in a different order on any or all flights, provided that the point of departure or arrival is in the country of their nationality.

AGREEMENT BETWEEN THE GOVERNMENT OF THE BELGIUM ROYAUME AND THE GOVERNMENT OF AZERBAIDJAN RELATING TO AIR TRANSPORT
THE GOVERNMENT OF BELGIUM ROYAUME AND THE GOVERNMENT OF AZERBAIDJAN REPUBLIC
Parties to the Convention on International Civil Aviation opened for signature in Chicago on 7 December 1944;
Desiring to conclude a supplementary agreement to the Convention with a view to establishing air services between their respective territories and beyond;
To ensure the best level of safety and security in international air transport,
The following agreed:
ARTICLE 1er
Definitions
For the purposes of this Agreement, unless the context otherwise provides:
(a) the term "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, as well as any amendments to the Annexes or Convention adopted under Articles 90 and 94 thereof, provided that these Annexes and Amendments have been or have been ratified by the two Contracting Parties;
(b) the term "Agreement" means this Agreement, its Annex, and any amendment that may be made to them;
(c) the term "Aeronautical authorities" means in the case of Belgium, the Ministry of Communications and, in the case of Azerbaijan, the Minister for Civil Aviation or, in both cases, any other authority or person authorized to perform the functions currently exercised by the said authorities;
(d) the terms "Territory", "Air Service", "International Air Service", "Air Transport Company" and "Non-commercial port of call" have the meaning assigned to them in Articles 2 and 96 of the Convention;
(e) the term "Designated Air Transport Company" means an air transportation undertaking that has been designated and authorized in accordance with Articles 3 and 4 of this Agreement;
(f) the term "Agreed Services" means regular air services for the carriage of passengers, goods and mail, in a separate or combined manner, on the routes specified in the Annex to this Agreement;
(g) the term "Tariffs" means the prices to be paid for the carriage of passengers, baggage and goods, as well as the conditions to which these prices apply, including prices and conditions for the services of agencies and other auxiliary services, but excluding remuneration and conditions for the transport of mail;
(h) the term "Load-up" means the operation of one of the services agreed by a designated air carrier in such a way that the service is provided, on a section of the road, by aircraft of different capacity than that used on another section;
(i) the terms "board equipment, ground equipment, dashboard, spare parts" have the same meanings as those given in Annex 9 of the Convention.
ARTICLE 2
Granting of rights
1. Each Contracting Party shall grant the other Contracting Party the following rights for the operation of international air services by the respective designated air carriers:
(a) overflight, land without landing;
(b) make non-commercial ports of call in its territory;
(c) make ports of call in its territory, during the operation of the routes specified in the Annex, in order to board and disembark passengers, goods and mail transported in international traffic from or to the territory of the other Contracting Party.
2. Nothing in paragraph 1 of this Article shall be construed as conferring on the designated air carrier of one of the Contracting Parties the privilege of embarking, on the territory of the other Contracting Party, passengers, goods or mail to carry them, against remuneration or under a lease contract, to another point in the territory of that other Contracting Party.
ARTICLE 3
Designation for the operation of services
1. Each Contracting Party has the right to designate, by diplomatic note addressed to the other Contracting Party, one or more air carriers for the operation of the services agreed on the routes specified in the Annex for that Contracting Party.
2. Each Contracting Party has the right to withdraw by diplomatic note addressed to the other Contracting Party, the designation of any air carrier and to designate another.
ARTICLE 4
Authority to operate services
1. Upon receipt of a notice of designation issued by one of the Contracting Parties under Article 3 of this Agreement, the aeronautical authorities of the other Contracting Party, in accordance with its laws and regulations, shall promptly grant to the air carrier so designated the authorizations necessary for the operation of the agreed services for which the undertaking was designated.
2. Upon receipt of such authorizations, the air carrier may begin at any time to operate the services agreed in whole or in part, provided that it complies with the applicable provisions of this Agreement and provided that tariffs are established in accordance with the provisions of Article 13 of this Agreement.
ARTICLE 5
Revocation or suspension of service operating authorization
1. The aeronautical authorities of each Contracting Party have the right to refuse, revoke, suspend or assort conditions, temporarily or permanently, the authorizations referred to in Article 4 of this Agreement with respect to air carriers designated by the other Contracting Party:
(a) if the companies in question cannot prove that they are in a position to meet the conditions prescribed under the laws and regulations normally and reasonably applied by those authorities in accordance with the Convention with respect to the operation of the international air service;
(b) if, in the operations of the services, the companies involved violate the conditions set out in this Agreement;
(c) if the companies concerned do not comply with the laws and regulations of that Contracting Party;
(d) if the evidence has not been made that a substantial portion of the ownership and effective control of the undertakings involved are in the hands of the Contracting Party designating the undertaking or its nationals.
2. Unless immediate action is required to prevent violations of the above-mentioned laws and regulations, the rights listed in paragraph 1er of this Article shall be exercised only after consultation with the aeronautical authorities of the other Contracting Party in accordance with Article 17 of this Agreement.
ARTICLE 6
Enforcement of laws and regulations
1. The laws and regulations of one of the Contracting Parties governing, in its territory, the entry, residence or exit of aircraft assigned to an international air service and the operation and navigation of such aircraft shall be observed by the designated air carriers of the other Contracting Party at the entry, exit and within the territory of the first Contracting Party.
2. The laws and regulations of one of the Contracting Parties governing entry, exit, transit, immigration, passports, customs, currency, sanitary and quarantine procedures shall be observed by the designated air carriers of the other Contracting Party and by its crews and passengers or on their behalf, and for goods and mail in transit, at the entry, exit and within that Contracting Party.
Passengers in transit in the territory of either of the Contracting Parties will only be subject to summary control.
3. None of the Contracting Parties shall accord preference to their own business or to any other air carrier in relation to the air carrier of the other Contracting Party that provides similar international services in the application of its regulations referred to in paragraphs 1 and 2 of this Article, as well as in the use of airports, airways, traffic services and associated facilities under its control.
ARTICLE 7
Certificates, patents and licences
1. Certificates of Airworthiness, Certificates of Fitness and Licences issued or validated by one of the Contracting Parties and not expired shall be recognized as valid by the other Contracting Party for the operation of services agreed on the routes specified in the Annex, provided that such certificates, patents and licences have been issued or validated in accordance with the standards established under the Convention.
Each Contracting Party reserves the right, however, to refuse to recognize, for purposes of flights carried out above its own territory, the suitability and licences granted to its own nationals by the other Contracting Party.
2. If the certificates, patents or licences referred to in paragraph 1er This Article has been issued or validated in accordance with standards different from those established under the Convention and if this difference has been notified to the International Civil Aviation Organization, the aeronautical authorities of the other Contracting Party may request consultations in accordance with Article 17 of this Agreement, in order to ensure that the standards in question are acceptable to them.
The failure to reach a satisfactory agreement on flight safety issues will justify the application of Article 5 of this Agreement.
3.1. Each Party may request consultations on safety standards in areas related to the crews, aircraft or their operation adopted by the other Party.
Such consultations will take place within 30 days of this request.
3.2. If, as a result of such consultations, one of the Parties discovers that the other Party does not adopt or effectively monitor security standards in any of these areas that are at least equal to the minimum standards in force in accordance with the Chicago Convention, the first Party will notify the other Party of those conclusions and demarcations that are deemed necessary in order to comply with these minimum standards, and that other Party will take corrective action. The failure by that other Party to take the appropriate measures within 15 days or in a longer period if it has been so agreed shall constitute a basis for the application of Article 5 of this Agreement (revocation, suspension or modification of operating authorizations).
3.3. notwithstanding the obligations referred to in Article 33 of the Chicago Convention, it has been agreed that any aircraft operated by the or companies of one of the Parties, from or to the territory of another Party may, where it is located in the territory of the other Party, be inspected (called in this Article "inspection on the traffic area") by the authorized representatives of that other Party on board
3.4. If an inspection, or a series of inspections on the traffic area, results in:
(a) substantial grounds for believing that an aircraft or aircraft operation does not meet the minimum standards in force in accordance with the Chicago Convention, or
(b) serious grounds for fearing deficiencies in the effective adoption and implementation of security standards in accordance with the requirements of the Chicago Convention,
the Party conducting the inspection shall, for the purposes of Article 33 of the Chicago Convention, be free to conclude that the requirements under which the certificate or licences relating to that aircraft or its crew have been issued or validated or following which the aircraft is used are not equal to or greater than the minimum standards in force in accordance with the Chicago Convention.
3.5. In the event that access to an aircraft operated by a Party's airline(s) to conduct an inspection on the traffic area pursuant to paragraph 3.3. above shall be refused by a representative of the airline(s), the other Party shall be free to deduce only substantial grounds of concern, of the type referred to in paragraph 3.4. above exist, and draw the conclusions referred to in the same paragraph.
3.6. Each Party reserves the right to suspend or amend the operating authorization of one or more airlines of the other Party immediately, in the event that one of the Parties reaches the conclusion, following an inspection on the area of traffic, of a series of inspections on the area of traffic, of a refusal of access for inspection on the area of traffic, of an immediate consultation or otherwise,
3.7. Any action applied by a Party in accordance with paragraphs 3.2. and 3.6. above will be reported as soon as the facts motivating this measure cease to exist.
ARTICLE 8
Aviation safety
1. The Contracting Parties reaffirm that their obligation to protect, in their mutual relations, civil aviation against acts of unlawful intervention, in order to ensure their safety, is an integral part of this Agreement.
2. The Contracting Parties shall mutually agree, upon request, with all necessary assistance to prevent the unlawful capture of aircraft and other unlawful acts against the safety of passengers, crews, aircraft, airports and air navigation facilities and services, as well as any other threat to aviation safety.
3. The Contracting Parties comply with the provisions of the Convention on Offences and Certain Other Acts on Board Aircraft, signed in Tokyo on 14 September 1963, the Convention for the Suppression of the Illicit Capture of Aircraft, signed in The Hague on 16 December 1970, and the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed in Montreal on 23 September 1971.
4. The Contracting Parties in their mutual relations shall comply with the aviation safety provisions established by the International Civil Aviation Organization and designated as annexes to the International Civil Aviation Convention, to the extent that these provisions apply to those Parties; they require operators of aircraft registered by them, or operators who have the main seat of their operation or permanent residence on their territory, and airport operators located in their territory, to comply with these provisions relating to aviation safety.
5. Each Contracting Party undertakes to observe the safety provisions prescribed by the other Contracting Party for entry into its territory, and to take appropriate measures to ensure the inspection of passengers, crews and their baggage, as well as cargo, before boarding or loading.
Each Contracting Party shall also consider, with due diligence and in a positive spirit, any request to it by the other Contracting Party to ensure that special security measures are taken to protect its aircraft or passengers from a particular threat.
6. Where an act of unlawful capture of aircraft or any other unlawful act directed against the safety of passengers, crews, aircraft, 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, intended to put an end to the act or threat of act expeditiously and safely.
7. If a Contracting Party derogates from the provisions on aviation safety set out in this Article, the aeronautical authorities of the other Contracting Party may request immediate consultations with the aeronautical authorities of that Party. The failure to reach a satisfactory agreement within thirty (30) days justifies the application of Article 5 of this Agreement.
ARTICLE 9
Rights of use
1. The rights imposed on the territory of one of the Contracting Parties to the designated air carriers of the other Contracting Party for the use of airports and other air navigation facilities by the aircraft of the designated air carriers of the other Contracting Party shall not be higher than those imposed on a national air carrier of the first Contracting Party providing similar international services.
2. Each Contracting Party shall encourage consultations between its competent authorities to collect the rights and designated air carriers that use the services and facilities, if possible through the representative organizations of the airlines. Any proposed changes in user rights should be given with reasonable notice to allow them to express their views before the changes are made.
ARTICLE 10
Customs and excise duties
1. Each Contracting Party shall exempt the designated air carriers of the other Contracting Party from import restrictions, customs duties, excise duties, inspection fees and other national, regional or local taxes and duties on aircraft, fuels, lubricants, consumable technical supplies, spare parts including engines, used aircraft normal equipment, ground equipment only
2. The exemptions granted under this Article shall apply to the objects referred to in paragraph 1er of this Article, whether or not these objects are used or consumed entirely in the territory of the Contracting Party granting the exemption, where they are:
(a) introduced in the territory of one of the Contracting Parties by the designated air carriers of the other Contracting Party or on its behalf, provided that they are not alienated in the territory of that Contracting Party;
(b) retained on board aircraft of designated air carriers of one of the Contracting Parties upon arrival on or from the territory of the other Contracting Party;
(c) taken on board aircraft of designated air carriers of one of the Contracting Parties in the territory of the other Contracting Party and intended to be used in the operation of the agreed services.
3. Normal aircraft equipment and ground equipment, as well as supplies and supplies generally stored on aircraft of air carriers designated by one of the Contracting Parties, may not be landed on the territory of the other Contracting Party without the approval of the customs authorities of that territory. In this case, they may be placed under the supervision of such authorities until they are re-exported or otherwise disposed of in accordance with customs regulations.
4. Baggage and goods in direct transit are exempt from customs duties and other taxes.
5. The exemptions provided for in this Article shall also be granted where the air carriers designated by one of the Contracting Parties have entered into arrangements with another air carrier that enjoys the same exemptions from the other Contracting Party, for the loan or transfer to the territory of the other Contracting Party, of the objects specified in paragraph 1 of this Article.
ARTICLE 11
Capacity
1. The designated air carriers of the two Contracting Parties shall enjoy fair and equal opportunities in the operation of the services agreed between their respective territories and beyond on the routes specified in the Annex to this Agreement.
2. In the operation of the agreed services, the air carriers designated by one of the Contracting Parties shall take into account the interests of the air carriers designated by the other Contracting Party, so as not to unduly affect the services it provides on all or part of the same road.
3. The agreed services provided by the air carriers designated by the Contracting Parties will have a reasonable relationship with the public's transportation requirements on the specified routes and will have the primary objective of ensuring, according to a reasonable coefficient of pay, sufficient capacity to meet the current and normally predictable transport needs of passengers, goods and mail between the territories of the Contracting Parties.
4. Designated air carriers will submit operating programs to the aeronautical authorities of the two Contracting Parties for approval no later than 30 days before the commencement of operation of an agreed service. These operating programs will include the type of service, aircraft types, service frequencies and flight schedules.
This also applies to any subsequent amendment.
In special cases this period may be reduced, with the consent of the said authorities.
ARTICLE 12
Load up
The air carriers designated by one of the Contracting Parties may carry out a charge failure on the territory of the other Contracting Party under the following conditions:
(a) substitution is justified for profitability reasons;
(b) the aircraft providing service on the farthest section of the territory of the Contracting Party that has designated air carriers shall provide service only in correspondence with the aircraft serving the nearest section and its schedule shall be established accordingly;
the first will arrive at the point of substitution to take on board the trans-shipped traffic of the second or to disembark from the traffic that will be taken on board by the latter, and the capacity will be determined primarily taking into account that purpose;
(c) air carriers may not appear to the public through advertising or other means, such as providing a service from the point where the aircraft is being changed, unless otherwise specified in the Appendix to this Agreement;
(d) in the case of any flight to the territory of the other Contracting Party where the change of aircraft occurs, a single flight is allowed from that territory, unless the aeronautical authorities of the other Contracting Party authorize no more than one flight.
ARTICLE 13
Rates
1. Contracting Parties will admit that a tariff on one of the routes specified in the Appendix will be established by one of the designated air carriers, if possible after consultation between these air carriers.
2. The tariffs to be applied to carriage on any service agreed to at and from the territory of the other Contracting Party shall be fixed at reasonable rates, with due regard to all relevant elements of appreciation, including operating costs, reasonable benefit, characteristics of the service, interest of the users and, if appropriate, rates applied by other air carriers on the whole or part of the same road.
3. The tariffs will be subject to approval by the aeronautical authorities of the Contracting Parties and received by them at least forty-five (45) days before the proposed date for their entry into force. Aeronautical authorities may accept a shorter period in specific cases.
If, within thirty (30) days from the date of receipt, the aeronautical authorities of one of the Contracting Parties have not expressed their disagreement with the aeronautical authorities of the other Contracting Party, the tariffs will be considered to be approved and will come into force on the date specified in the proposed tariff.
If they accept a shorter time limit for filing a tariff, the aeronautical authorities may also agree that the time limit within which the notice of disagreement must be given will be less than thirty (30) days.
4. If a disagreement has been expressed in accordance with paragraph 3 of this Article, the aeronautical authorities of the Contracting Parties shall hold consultations in accordance with the provisions of Article 17 of this Agreement and shall endeavour to establish the tariff by mutual agreement.
5. If the aeronautical authorities cannot agree on a tariff that has been submitted to them under paragraph 3 of this Article, or on a tariff to be fixed in accordance with paragraph 4 of this Article, the dispute shall be settled in accordance with the provisions of Article 18 of this Agreement.
6. If the aeronautical authorities of one of the Contracting Parties no longer agree on an established tariff, they shall notify the aeronautical authorities of the other Contracting Party and the designated air carriers shall try, if necessary, to reach an agreement.
If, within a period of ninety (90) days from the date of receipt of the notice of disagreement, a new tariff cannot be set, the procedures set out in paragraphs 4 and 5 of this Article shall apply.
7. The rates established in accordance with the provisions of this Article shall remain in force until new rates are established in accordance with the provisions of this Article or Article 18 of this Agreement.
8. No tariff shall enter into force if the aeronautical authorities of either Contracting Party have not approved it, subject to the provisions of Article 18, paragraph 4, of this Agreement.
9. The aeronautical authorities of both Contracting Parties shall endeavour to ensure that the tariffs imposed and collected are in accordance with the tariffs approved and that they are not discounted.
ARTICLE 14
Staff
1. Air carriers designated by one of the Contracting Parties are authorized, on a reciprocal basis, to assign to the territory of the other Contracting Party the representatives and employees of the commercial, operational and technical sectors required for the operation of the agreed services.
2. At the choice of designated air carriers, these personnel requirements may be met either by their own personnel or by using the services of any other organization, company or air carrier operating in the territory of the other Contracting Party and authorized to provide such services in that territory.
3. Such representatives and employees shall observe the laws and regulations in force in the territory of the other Contracting Party. In accordance with these laws and regulations, each Contracting Party shall, on a reciprocal basis and with the minimum of time, grant work permits, employment visas or other similar documents necessary to the representatives and employees mentioned in paragraph 1 of this Article.
4. To the extent permitted by their national laws, the two Contracting Parties shall exempt from the requirement to obtain work permits, employment visas or other similar documents from the staff performing certain temporary services and functions.
ARTICLE 15
Sales and revenues
1. Each designated air carrier has the right to proceed with the sale of air transportation securities on the territory of the other Contracting Party, directly and, at its option, through its agents.
Each designated air carrier has the right to sell such transport securities in the currency of that territory or, at its option, in the freely convertible currencies of other countries.
Any person may acquire these securities in currencies accepted for sale by this air carrier.
2. Each Contracting Party shall grant to designated air carriers of the other Contracting Party the right to freely transfer the excess of revenues over the expenditures made by that undertaking on its territory.
Such transfers shall be made on the basis of official exchange rates used for current payments or, where there is no official exchange rate, on the basis of market exchange rates for current payments, applicable on the day of the introduction of the transfer request by the designated air carrier of the other Contracting Party; they will not be subject to any tax except those that banks normally require for such transactions.
3. Each Contracting Party shall grant, on a reciprocal basis, to the designated air carriers of the other Contracting Party the exemption from any form of tax on the income or profits derived by the designated air carriers in the territory of the First Contracting Party of the operation of air transport services, as well as any tax on the turnover or capital.
This provision will not be applicable if a Convention intended to avoid double taxation and which provides a similar exemption is in force between the two Contracting Parties.
ARTICLE 16
Information exchange
1. The aeronautical authorities of the two Contracting Parties shall exchange as soon as possible information regarding the current authorizations issued to their respective designated air carriers for the operation of services to, through or from the territory of the other Contracting Party, including copies of the existing certificates and authorizations for services on specified roads, as well as amendments, orders of exemption, and tables of services.
2. Each Contracting Party shall ensure that its designated air carriers provide to the aeronautical authorities of the other Contracting Party as long in advance as possible, copies of the tariffs, tables, including the amendments made thereto, as well as any relevant information regarding the operation of the agreed services, including information relating to the capacity offered on each of the specified routes, and any other information required to prove to the aeronautical authorities of the other Contracting Party duly
3. Each Contracting Party shall ensure that its designated air carriers provide to the aeronautical authorities of the other Contracting Party the traffic statistics carried on the services agreed with the indication of boarding and landing points.
ARTICLE 17
Consultations
1. The aeronautical authorities of the Contracting Parties shall consult from time to time to ensure close collaboration on all matters relating to the application of the provisions of this Agreement and its Annex.
2. Unless otherwise agreed between the two Contracting Parties, such consultations shall begin within sixty (60) days from the date of receipt of an application for that purpose.
ARTICLE 18
Settlements 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.
2. If the Contracting Parties fail to reach a settlement through negotiations, they may agree to 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 a court composed of three arbitrators.
3. The arbitral tribunal shall be constituted as follows:
Each Contracting Party shall appoint an arbitrator within sixty (60) days of the date on which one of them receives a request for arbitration from the other Contracting Party by diplomatic means. These two arbitrators agree to designate the third arbitrator within an additional period of sixty (60) days.
The third arbitrator shall be a third-party national, shall act as president of the court and shall determine the place of arbitration.
If either of the Contracting Parties does not appoint an arbitrator within the specified time limit, or if the third arbitrator is not designated within the specified time limit, the President of the Council of the International Civil Aviation Organization may be invited by either of the Contracting Parties to appoint an arbitrator or arbitrator as the case may be.
4. Contracting Parties undertake to comply with any decision or award made under paragraphs 2 and 3 of this Article.
If one of the Contracting Parties fails to comply with such a decision, the other Contracting Party may apply Article 5 of this Agreement.
5. Arbitration fees will be shared equally between Contracting Parties.
ARTICLE 19
Amendments
1. If one of the Contracting Parties deems it desirable to amend any provision of this Agreement, it may request consultations with the other Contracting Party. These consultations, which may take place between the aeronautical authorities and be conducted through discussions or correspondence, will begin within sixty (60) days from the date of application.
2. If a multilateral air convention of a general nature binding on the two Contracting Parties enters into force, the provisions of this Convention shall prevail.
Consultations may be held in accordance with paragraph 1er for the purpose of determining the extent to which this Agreement is affected by the provisions of the multilateral convention.
3. Any amendment agreed upon following these consultations will come into force when confirmed by an exchange of diplomatic notes.
ARTICLE 20
Denunciation
1. Each Contracting Party may, at any time, notify the other Contracting Party in writing by diplomatic means of its decision to denounce this Agreement. This notification will be sent simultaneously to the International Civil Aviation Organization.
2. The Agreement shall terminate one (1) year after the date of receipt of the notification by the other Contracting Party, unless such notification is withdrawn by mutual agreement 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 (14) days after the date of its receipt by the International Civil Aviation Organization.
ARTICLE 21
Registration
This Agreement and any amendments thereto shall be registered with the International Civil Aviation Organization.
ARTICLE 22
Entry into force
The Agreement comes into force on the first day of the month following the date of the last notification.
In faith, the undersigned, duly authorized to do so by their respective Governments, have signed this Agreement.
Made in duplicate in Baku on the thirteenth day of April 1998, in the English language (1).
For the Government of the Kingdom of Belgium,
Jean-Luc Dehaene
Prime Minister
For the Government of the Republic of Azerbaijan
Chairman Aliyev
(1) The text will be translated into French, Dutch and Azerbaijani languages for ratification.

Annex
CONTENTS
1. Routes for the Kingdom of Belgium
For the consultation of the table, see image
Designated air carriers of the two Contracting Parties may omit one or more points on agreed routes and may operate them in a different order on any flight provided that the departure or arrival point is located in the country of which they are a national.