5 NOVEMBER 2002. - An Act to approve the Agreement between the Government of the Kingdom of Belgium and the Government of the Republic of Belarus on Air Transport and the Annex signed in Brussels on 26 March 1996 (1) (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 Republic of Belarus on Air Transport, and the Annex, signed in Brussels on 26 March 1996, will come out their full and complete effect.
Promulgation of this law, let us order that it be clothed with 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. 2-1125/1.
Report, no. 2-1125/2.
Text adopted by the Commission, no.
Annales parliamentarians.
Discussion, meeting of 10 July 2002.
Voting, meeting of 10 July 2002.
Room
Documents
Project transmitted by the Senate, No. 50-1927/1.
Report, number.
Text adopted in plenary and subject to Royal Assent, No. 50-1927/2.
Annales parlementaire
Discussion, meeting of 20 July 2002.
Voting, meeting of 20 July 2002.
(2) This Agreement entered into force on 1^er January 2003.

AGREEMENT BETWEEN THE GOVERNMENT OF THE BELGIUM ROYAL AND THE GOVERNMENT OF THE BELARUS REPUBLIC ON THE AIR TRANSPORT
The Government of the Kingdom of Belgium
and
The Government of the Republic of Belarus
Being Parties to the Convention on International Civil Aviation opened for signature in Chicago on 7 December 1944,
Desirous of entering into an agreement to establish 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 1^er
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 and any amendments to the Annexes or Convention adopted under Articles 90 and 94 of the Convention, 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 the Republic of Belarus, the State Committee of the 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" respectively have the meaning assigned to them in articles 2 and 96 of the Convention;
(e) the term "Designated Air Transport Company" means an air carrier 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 "Prices" 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;
(j) the term "operator" means a person, organization or company operating or offering to do so.
ARTICLE 2
Granting of rights
1. Unless otherwise specified in the Annex, each Contracting Party shall grant to the other Contracting Party the following rights for the operation of international air services by the air carrier designated by the other Contracting Party:
(a) overflight, without landing, the territory of the other Contracting Party;
(b) make non-commercial stopovers in that territory;
(c) make ports of call in the said 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, in a separate or combined manner.
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, for 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, through diplomatic channels to the other Contracting Party, an air carrier 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 means to the other Contracting Party, the designation of an 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 the air carrier designated by the other Contracting Party:
(a) if the undertaking in question cannot prove that it is in a position to meet the conditions prescribed under the laws and regulations applied by those authorities in accordance with the Convention with respect to the operation of international air service;
(b) if, in the operation of the services, the undertaking in question breaches the conditions set out in this Agreement;
(c) if the undertaking in question does 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 undertaking in question 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 1^er 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 carrier 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 carrier 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.
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^er and 2 of this section, as well as 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 1^er 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 section 5 of this Agreement.
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 provisions on aviation safety that have been established by the International Civil Aviation Organization and are 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 section 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 carrier of the other Contracting Party for the use of airports and other air navigation facilities by the aircraft of the designated air carrier 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 the designated air carrier that uses 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 carrier from the other Contracting Party from import restrictions, customs duties, excise duties and other national, regional or local taxes and duties on aircraft, fuels, lubricant oils, consumable technical supplies, spare parts including engines, normal aircraft equipment used, ground equipment, provisions for use only
2. The exemptions granted under this section apply to the objects referred to in paragraph 1^er 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 carrier 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 the aircraft of the designated air carrier of one of the Contracting Parties upon arrival in the territory of the other Contracting Party or at the departure of that territory;
(c) taken on board aircraft of the designated air carrier 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 retained on board aircraft of the air carrier 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 the said authorities until they are re-exported or otherwise disposed of in accordance with customs laws and regulations.
4. Baggage and goods in direct transit are exempt from customs duties, excise duties and other taxes.
5. The exemptions provided for in this Article shall also be granted where the air carrier designated by one of the Contracting Parties has entered into arrangements with another air carrier that has 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^er 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 carrier designated by one of the Contracting Parties shall take into account the interests of the air carrier 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 by the consent of the authorities.
ARTICLE 12
Load up
The air carrier designated by one of the Contracting Parties may perform a load 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 the air carrier shall provide the 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) the air carrier shall not be publicly available through advertising or other means, as providing a service from the point of change of aircraft, 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 may not be set out the procedures set out in paragraphs 4 and 5 of this section apply.
7. The rates established in accordance with the provisions of this Article shall remain in effect 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. The air carrier designated by one of the Contracting Parties is 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 the designated air carrier, these personnel requirements may be met either by their own nationality staff of the Contracting Parties 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 a minimum of time, grant work permits, employment visas or other similar documents necessary to the representatives and employees referred to 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 the designated air carrier of the other Contracting Party the right to freely transfer the excess of revenues over the expenditures made by that undertaking on its territory. These tranferts shall be made on the basis of official exchange rates used for current payments or, where there is no official exchange rate, based on 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, on the basis of reciprocity, grant to the designated air carrier of the other Contracting Party the exemption of any form of tax on the income or profits derived by that undertaking, in the territory of the first Contracting Party of the operation of international 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 carrier shall provide to the aeronautical authorities of the other Contracting Party as long in advance as possible copies of the tariffs, schedules, 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 carrier shall provide to the aeronautical authorities of the other Contracting Party the traffic statistics carried on the services agreed with the indication of the 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 from 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 (6O) 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 take place, in accordance with paragraph 1 of this article, to determine 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
Each Contracting Party shall notify, through diplomatic channels, the other Contracting Party of the fulfilment of its constitutional or internal formalities for the entry into force of this Agreement.
This Agreement shall enter 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.
Done in duplicate in Brussels on 26 March 1996, in French, Dutch, English and Belarusian languages.
In the event of a dispute, the English text will be authentic.

Annex
CONTENTS
1. Routes of 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.