7 FEBRUARY 2003. - Act enacting the Agreement between the Government of the Kingdom of Belgium and the Government of the Republic of South Africa on Air Transport, and the Annex, signed in Brussels on 2 May 2000 (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 South Africa on Air Transport, and the Annex, signed in Brussels on 2 May 2000, will come out their full and full 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 in Brussels on 7 February 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
____
Notes
(1) Session 2001-2002.
Senate.
Documents
Bill tabled on 31 May 2002, No. 2-1187/1.
Report, no. 2-1187/2.
Text adopted by the Commission, No.
Annales parliamentarians.
Discussion, meeting of 10 October 2002.
Voting, meeting of 10 October 2002.
Room
Documents
Project transmitted by the Senate, No. 50-2071/1.
Report, no.
Text adopted in plenary and subject to Royal Assent, No. 50-2071/2.
Annales parliamentarians.
Discussion, meeting of 14 November 2002.
Voting, meeting of 14 November 2002.
(2) This Treaty entered into force on 1
er April 2003
AGREEMENT BETWEEN THE GOVERNMENT OF THE KINGDOM OF BELGIUM AND THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA FOR AIR SERVICES BETWEEN AND BEYOND THEIR RESPECTIVE TERRITORIES
The Government of the Kingdom of Belgium
and
The Government of the Republic of South Africa
(hereinafter referred to as the "Contracting Parties");
Being parties to the Convention on International Civil Aviation opened for signature at Chicago on the seventh day of December, 1944;
Acknowledging the importance of air transport as a means of creating and preserving friendship, understanding and co-operation between peoples of the two countries;
Desiring to contribute to the progress of international civil aviation;
Desiring to conclude an Agreement for the purpose of establishing air services between and beyond their respective territories;
Have agreed as follows:
ARTICLE 1
Definitions
For the purpose of this Agreement, unless the context otherwise requires:
(a) The term "aeronautical authorities" means the respective Ministers responsible for Civil Aviation, or in either case any person or body duly authorized to perform any functions exercised by the said Minister;
(b) The term "agreed service" means scheduled air services on the roads specified in the Annex to this Agreement for the transport of passengers and cargo in accordance with agreed capacity entitlements and "specified route" means a route specified in the Annex to this Agreement;
(c) The term "Agreement" means this Agreement, its Annex drawn up in application thereof, and any amendments to the Agreement or to the Annex;
(d) The terms "air service", "international air service", "airline" and "stop for non-traffic purposes" have the meaning respectively assigned to them in Article 96 of the Convention;
(e) The term "airborne equipment" means articles, other than stores and spare parts of a removable nature, for use on board an aircraft during flight, including first aid and survival equipment;
(f) The term "cargo" includes mail;
(g) The term "Convention" means the Convention on International Civil Aviation, opened for signature at Chicago on the seventh day of December 1944, and includes:
(i) Any Annex or any amendment thereto adopted under Article 90 of the Convention, insofar as such Annex or amendment is at any given time in force for both Contracting Parties, and
(ii) Any amendment which has entered into force under Article 94(a) of the Convention and has been ratified by both Contracting Parties;
(h) The term "designated airline" means an airline or airlines designated and authorized in accordance with Article 3 (Designation and Authorization) of this Agreement;
(i) The term "ground handling" includes but is not limited to passenger, cargo and baggage handling, and the provision of catering facilities;
(j) The term "spare parts" means articles of a repair or replacement nature for incorporation in an aircraft, including engines;
(k) The term "tariff" means the prices which the designated airlines charge for the transport of passengers and cargo and the conditions under which those prices apply but excluding remuneration and conditions for carriage of mail; and
(l) The term "territory" in relation to a State has the meaning assigned to it in Article 2 of the Convention.
ARTICLE 2
Grant of rights
1. Each Contracting Party grants to the other Contracting Party the rights specified in his Agreement to enable its designated airline to establish and operate international air services on the roads specified in the Annex.
2 Subject to the provisions of this Agreement, the designated airline of each Contracting Party shall enjoy the following rights:
(a) The right to fly without landing across the territory of the other Contracting Party;
(b) The right to make stops in that territory for non-traffic purposes; and
(c) The right to land in the territory of the other Contracting Party for the purpose of taking on board and discharging international traffic in passengers and cargo while operating an agreed service.
3. Airlines of each Contracting Party, other than those designated under Article 3 (Designation and Authorization) of this Agreement, shall also enjoy the rights specified in sub-article (2)(a) and (b).
4. Nothing in sub-article (2) shall be deemed to confer on the designated airline of one Contracting Party the privilege of uplifting in the territory of the other Contracting Party, passengers and cargo, carried for remuneration or hire and for discharge at another point in the territory of that other Contracting Party.
5. If because of armed conflict, political disturbances or developments, or special and unusual circumstances, the designated airline of one Contracting Party are unable to operate a service on their normal roads, the other Contracting Party shall use its best efforts to facilitate the continued operation of such service through appropriate temporary rearrangements of such routes as is mutually decided by the Contracting Parties.
ARTICLE 3
Designation and authorisation
1. Each Contracting Party shall have the right to designate in writing to the other Contracting Party an airline to operate the agreed services on the specified routes and to withdraw, in writing, any such designation.
2. The agreed services may begin at any time, in whole or in part, but not before :
(a) The Contracting Party to whom the rights have been granted shall have designated, pursuant to sub-article (1), an airline for the specified routes; and
(b) The Contracting Party granting the rights shall have given, with the least possible delay, the appropriate operating permission to the airline concerned (subject to the provisions of Article 4 [Revocation and Limitation of Authorization]).
3. For the purpose of granting the appropriate operating authorization under sub-article (2), the aeronautical authority of one Contracting Party may require an airline designated by the other Contracting Party to satisfy it that it is qualified to fulfil the conditions prescribed under the laws and the regulations normally applied to the operation of international air services by such authority in conformity with the provisions of the Convention.
ARTICLE 4
Revocation and limitation of authorisation
1. The aeronautical authorities of each Contracting Party shall, with respect to the designated airline of the other Contracting Party, have the right to withhold the authorizations referred to in Article 3 (Designation and Authorization) of this Agreement, to revoke or suspend such authorizations or impose conditions, temporarily or permanently, at any time during the exercise of the rights by the designated airline concerned:
(a) In the event of failure by the airline to qualify under or to comply with the laws and regulations normally applied by the aeronautical authorities of that Contracting Party in conformity with the Convention;
(b) in the event that the aeronautical authorities of that Contracting Party are not satisfied that substantial ownership and effective control of the airline are jacketd in the Contracting Party designating the airline or in its nationals; gold
(c) In the event the airline fails to operate in accordance with the conditions prescribed under this Agreement.
2. Unless immediate action is essential to prevent further infringement of the laws and regulations referred to above, the rights enumerated in sub-article (1) shall be exercised only after consultations with the aeronautical authorities of the other Contracting Party, in accordance with Article 17 (Consultations).
ARTICLE 5
Application of laws, regulations and procedures
1. The laws, regulations and procedures of either Contracting Party relating to the admission to or departure from its territory of aircraft engaged in international air services, or to the operation and navigation of such aircraft, shall be complied with by the designated airline of the other Contracting Party upon its entrance into, and until and including its departure from, the said territory.
2. The laws, regulations and procedures of one Contracting Party relating to the entry into, sojourn in and departure from its territory of passengers, crew, cargo and aircraft (including laws and regulations relating to entry, clearance, aviation security, immigration, passports, customs, quarantine, or in the case of mail, postal laws and regulations) shall be applicable to the passengers, crew, cargo and the aircraft of designated airline of the other Contracting Party while they are Contracting in the territory of the Such laws and regulations shall be applied equally by each Contracting Party to the passengers, crew, cargo and aircraft of all countries without distinction as to nationality of airline.
3. Passengers, baggage and cargo in direct transit across the territory of either Contracting Party and not leaving the area of the airport reserved for such purpose shall, except in respect of security measures against violence and unlawful interference, be subject to no more than a simplified control. Baggage and cargo in direct transit shall be exempt from customs duties and other similar taxes.
ARTICLE 6
Recognition of certificates and licences
1. Certificates of airworthiness, certificates of competency and licenses 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 provided that such certificates or licenses 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 undertaken pursuant to rights granted under sub-article (2) of Article 2 (Grant of Rights), certificates of competency and licenses granted to its own nationals by the other Contracting Party.
2. If the privileges or conditions of the licenses or certificates issued or rendered valid by one Contracting Party permit a difference from the standards established under the Convention, and that difference has been filed with the International Civil Aviation Organization, the aeronautical authorities of the other Contracting Party may, without prejudice to the rights of the first Contracting Party under sub-article (2) of Article 16 (Safety), request consultations in accordance with Article 17 (Consultations) of this authorities Failure to reach a satisfactory agreement shall constitute grounds for the application of Article 4 (Revocation and Limitation of Authorization) of this Agreement.
ARTICLE 7
Customs duties and other charges
1. Aircraft operated on agreed services by the designated airline of one contracting Party, as well as their normal equipment, supplies of fuel, lubricating oils (including hydraulic fluids) and lubricants, consumable technical supplies, spare parts (including engines), aircraft stores (including food, beverage operations, liquor, tobacco and other products for sale to or use by passengers, in limited quantities, during the flight) and other items intended for or used solely in connection
2. The following shall be exempt from customs duties, excise duties, inspection fees and other national duties and charges:
(a) Aircraft stores taken on board in the territory of one Contracting Party, and intended for use on board aircraft operated on an international service by the designated airline of the other Contracting Party;
(b) Spare parts (including engines) and normal airborne equipment imported into the territory of one Contracting Party for the maintenance or repair of aircraft operating agreed services; and
(c) Fuels, lubricating oils (including hydraulic fluids) and lubricants destined for the designated airline of one Contracting Party to supply aircraft operating agreed services, even when these supplies are to be used on any part of a journey performed over the territory of the other Contracting Party in which they have been taken on board.
3. The normal airborne equipment, as well as spare parts (including engines), Aircraft stores, supplies of fuel, lubricating oils (including hydraulic fluids) and lubricants and other items mentioned in sub-article (1) retained on board aircraft operated by the designated airline of one 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 those customs authorities until they are re-exported or otherwise disposed of in accordance with the customs laws and procedures of that Contracting Party.
4. The exemptions provided for by this Article shall be available in situations where the designated airline of either Contracting Party have entered into arrangements with another airline for the loan or transfer in the territory of the other Contracting Party of the items specified in sub-articles (1) and (2) provided such other airline similarly enjoy such exemptions from such other Contracting Party.
ARTICLE 8
Principles governing the operation of agreed services
1. Each Contracting Party shall take all appropriate action within its jurisdiction to eliminate all forms of discrimination or unfair competitive practices adversely affecting the competitive position of the designated airline of the other Contracting Party in the exercise of its rights and. entitlements set out in this Agreement, including, but not limited to, restrictions upon the sale of air transportation, the payment for goods, services or transactions, or the repatriation of excess currencies by the airline, and the import, installation and use of computer equipment.
2. To the extent that the aeronautical authorities of either Contracting Party believe that their designated airline are being subjected to discrimination or unfair practices, they shall give notice to this effect to the aeronautical authorities of the other Contracting Party. Consultations, which may be through the diplomatic channel, shall be entered into as soon as possible after notice is given unless the first Contracting Party is satisfied that the matter has been resolved in the meantime.
3. In operating the agreed services the designated airline of each Contracting Party shall take into consideration the interests of the designated airline 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 roads.
4. The capacity to he provided by the designated airline of each, Contracting Party will bear a close relationship to the requirements of the public for transportation on the agreed roads and will have as its 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 and cargo between the Contracting Parties.
5. Provision by designated airline for the carriage of traffic originating in or destined for points on its specified routes in the territories of third countries shall be made in accordance with the general principles that capacity shall be related to:
(a) The requirements of traffic originating in or destined for the territory of the Contracting Party which have designated the airline;
(b) The traffic requirements of the area through which the airline passes, after taking account of local and regional services; and
(c) The requirements of through airline operations.
6. The capacity which may be provided in accordance with this Article by the designated airline of each Contracting Party on the agreed services shall be such as is decided between the aeronautical authorities of the Contracting Parties before the beginning by the designated airline concerned of the agreed services and from time to time thereafter.
ARTICLE 9
Change of aircraft
1. Each designated airline may on any or all flights on the agreed services and at its option, change aircraft in the territory of the other Contracting Party provided that:
(a) Aircraft used beyond the point of change of aircraft either inside or beyond the territory of the other Contracting Party shall be scheduled in coincidence with the inbound or outbound aircraft, as the case may be; and
(b) When more than one aircraft is operated beyond the point of change, not more than one such aircraft may be of equal size and none may be larger than the aircraft used on the third and fourth freedom sector.
2. For the purpose of change of aircraft operations, a designated airline may use its own equipment and, subject to national regulations, leased equipment, and may operate under commercial arrangements with another airline.
3. A designated airline may use different or identical flight numbers for the sector of its change of aircraft operations.
ARTICLE 10
Commercial activities
1. The designated airlines of both Contracting Parties shall be allowed to establish in the territory of the other Contracting Party offices for the promotion of air transportation and sale of air tickets as well as other facilities required for the provision of air transportation.
2. The designated airline of one Contracting Party shall be allowed to bring in and maintain in the territory of the other Contracting Party its managerial, commercial, operational and technical staff as it may require in connection with the provision of air transportation.
3. These staff requirements may, at the option of the designated airline, be satisfied by its own personnel 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.
4. Each Contracting Party grants to the designated airline of the other Contracting Party the right to engage in the sale of air transportation in its territory directly and, at the airline's discretion, through its agents. Each designated airline shall have the right to sell such transportation and any person shall be free to purchase such transportation in any currency.
5. The designated airline of one Contracting Party shall have the right at their discretion to pay for local expenses in the territory of the other Contracting Party in local currency, or provided this agreements with local currency regulations, in freely convertible currencies.
6. At its option, each designated airline shall, in the territory of the other Contracting Party, have the right to perform its own ground-handling or, where there is more than one provider, contract with an agent of its choice, including any other airlines which perform ground-handling. Where a designated airline is precluded from performing its own ground-handling or contracting with an agent of its choice for ground-handling services, these services shall be made available to that designated airline on a basis of equality with al] other airlines.
7. The above activities shall he carried out in accordance with the laws and regulations of the other Contracting Party.
ARTICLE 11
Tariffs
1. The tariffs for the transportation of traffic between the territories of the Contracting Parties on the agreed services shall be established at reasonable levels, due regard being paid to all relevant factors including the interests of users of air transportation, cost of operations, reasonable profit, and the tariffs of other airlines for any part of the specified routes.
2. The tariffs referred to in sub-article (1), shall, wherever possible, be agreed by the designated airlines of both Contracting Parties after consultation with the other airlines operating over the whole or part of the road, and such agreement shall, wherever possible, be reached by following the procedures of the International Air Transport Association for the calculation of tariffs.
3. The tariffs shall be submitted by the designated airline concerned to the aeronautical authorities of the 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 the aeronautical authorities accept a shorter period for the submission of a tariff, 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 sub-article (3), the aeronautical authorities of the Contracting Parties shall hold consultations in accordance with Article 17 of this Agreement and endeavor to determine the tariff by agreement between them.
5. A tariff established in accordance with the provisions of this Article shall remain in force until a new tariff has been established. A tariff shall not be prolonged by virtue of this sub-article for more than twelve (12) months after the date on which it would otherwise have expired.
6. The aeronautical authorities of both Contracting Parties shall endeavor to ensure that the tariffs charged and collected conform to the tariffs approved by them and are not subject to rebates.
7. Without prejudice to the application of the provisions of the preceding sub-articles the designated airlines shall be allowed to match, on sectors of the agreed services on which they exercise fifth freedom traffic rights, tariffs applied by the third and fourth freedom airlines on the same sectors. The prices applied by the fifth freedom airlines shall not he lower and the tariff conditions shall not be less restrictive than those of the said third and fourth freedom airlines.
ARTICLE 12
Timetable
1. The designated airline of each Contracting Party shall submit to the aeronautical authority of the other Contracting Party for approval, thirty (30) days in advance, the timetable of its intended services, specifying the frequency, type of aircraft, configuration and number of scats to be made available to the public.
2. Any subsequent changes to the approved timetables of a designated airline shall be submitted for approval to the aeronautical authority of the other Contracting Party.
ARTICLE 13
Provision of information
The aeronautical authority of each Contracting Party shall provide or shall cause its designated airline to provide to the aeronautical authority of the other Contracting Party, upon request, periodic or other statements of statistics as may be reasonably required for the purpose of reviewing the operation of the agreed services, including, but not limited to, statements of statistics related to the traffic carried by its designated airlines between points in the territory of the other Contracting Party and other points on the specified embarkation
ARTICLE 14
Transfer of funds
The designated airline of each Contracting Party shall have the right to sell air transportation in local or freely convertible currencies, and to convert their funds into any freely convertible currency and to transmit them from the territory of the other Contracting Party at will. Subject to the national laws, regulations and policy of the other Contracting Party, conversion and transfer of funds obtained in the ordinary course of their operations shall be effected at the rate of exchange in accordance with the respective applicable national laws and regulations governing current payments, and shall not be subject to any charges except service charges levied for such transactions.
ARTICLE 15
Airport, services and facility charges
1. The charges imposed on the designated airline of one Contracting Party by The responsible charging bodies of the other Contracting Party for the use by The designated airline of airport, airways and other civil aviation facilities and services shall not be higher than those imposed by such Contracting Party on its own designated airline engaged in similar international operations using similar aircraft and associated facilities and services.
2. Each Contracting Party shall encourage consultations between its responsible charging bodies and the designated airlines using the facilities and services. Where practicable, such consultations should be through the appropriate representative airline organization. Reasonable advance notice shall, whenever possible, be given to the designated airlines of any proposals for changes to charges referred to in this Article, together with relevant supporting information and data, to enable them to express and have their views taken into account before any changes are made.
3. Neither of the Contracting Parties shall give preference to, or permit responsible bodies to give preference to, its own or any other airline over the designated airline of the other Contracting Party engaged in similar international operations in the application of its customs, immigration, quarantine and similar regulations or in the use of airports, airways, air traffic services and other associated facilities under its control.
ARTICLE 16
Safety
1. Each Contracting Party may request consultations concerning the safety Standards maintained by the other Contracting Party relating to aeronautical facilities, aircrew, aircraft, and operation of the designated airlines. If, following such consultations, one Contracting Party finds that the other Contracting Party does not effectively maintain and administer safety standards and requirements in these areas that are at least equal to the minimum standards which may be established pursuant to the Convention, the other Contracting Party shall be notified of such findings and the steps considered necessary to conform with these minimum standards. The other Contracting Party shall take appropriate corrective action. Failure by the other Contracting Party to take appropriate action within a reasonable time, and in any case within fifteen (15) days, shall be grounds for the application of sub-article (1) of Article 4 (Revocation and Limitation of Authorization) of this Agreement.
2. When immediate action is essential to the safety of airline operations, a Contracting Party may take action under sub-article (1) of Article 4 (Revocation and Limitation of Authorization) prior to consultations.
3. The other Contracting Party with the safety provisions of this Article shall discontinue any action taken by one Contracting Party in accordance with sub-articles (1) and (2) upon compliance.
ARTICLE 17
Aviation security
1. Consistent with their rights and obligations under international law, the Contracting Parties affirm 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. Without limiting the generality of their rights and obligations under international law, the Contracting Parties shall in particular act in conformity with the provisions of the Convention on Offences and Certain Other Acts Committed on Board Aircraft, opened for signature at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, opened for signature at the Hague on 16 December 1970, the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, opened for
3. The Contracting Parties shall provide upon request all necessary assistance to each other to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers and crew, airports and air navigation facilities, and any other threat to the security of civil aviation.
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 Contracting Parties.
5. In addition, the Contracting Parties shall require that operators of aircraft of their registry, or operators of aircraft who have their principal place of business or permanent residence in their territory, and the operators of airports in their territory, act in conformity with such aviation security provisions as are applicable to the Contracting Parties. Accordingly each Contracting Party shall advise the other Contracting Party of any difference between its national regulations and practices and the aviation security standards of the Annexes referred to in sub-article (4) above. Either Contracting Party may request immediate consultations with the other Contracting Party at any time to discuss any such differences.
6. Each Contracting Party agrees that its operators of aircraft shall be required to observe the aviation security provisions referred to in sub-article (4) above applied by the other Contracting Party to entry into, departure from, or sojourn in, the territory of that other Contracting Party. Each Contracting Party shall ensure that adequate measures are effectively applied within its territory to protect the aircraft and to apply security controls to passengers, crew, carry-on items, baggage, cargo and aircraft stores prior to and during boarding or loading. Each Contracting Party shall give positive consideration to any request from the other Contracting Party for reasonable special security measures in its territory to meet a particular threat to civil aviation.
7. When an incident or threat of an incident of unlawful seizure of civil aircraft or other unlawful act against the safety of such aircraft, their passengers and crew, airports and air navigation facilities occurs, the Contracting Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate such incident or threat as rapidly as possible commensurate with minimum risk to life.
8. When a Contracting Party has reasonable grounds to believe that the other Contracting Party has departed from the provisions of this Article, the aeronautical authority of the first Contracting Party may request immediate consultations with the aeronautical authority of the other Contracting Party. Failure to reach a satisfactory agreement within fifteen (15) days from the date of such request shall constitute grounds for the application of sub-article (1) of Article 4 (Revocation and Limitation of Authorization) of this Agreement. When required by an emergency, a Contracting Party may take action under sub-article (1) of Article 4 (Revocation and Limitation of Authorization) prior to the expiry of fifteen (15) days. Any action taken in accordance with this sub-article shall be discontinued upon compliance by the other Contracting Party with the security provisions of this article.
ARTICLE 18
Consultations
1. Either Contracting Party may at any time request consultations on the implementation, interpretation, application or amendment of this Agreement.
2. Subject to Article 15 (Safety) and Article 16 (Aviation Security) such consultations, which may he through discussion or correspondence, shall begin within a period of sixty (60) days of the date of receipt of such a request, unless otherwise mutually decided.
ARTICLE 19
Amendment of agreement
1. This Agreement may be amended or revised by agreement in writing between the Contracting Parties.
2. Any such amendment agreed by the Contracting Parties shall be effected by an Exchange of Notes and shall come into effect on a date to be determined by the Contracting Parties, which date shall be dependent upon the completion of nationally required procedures.
3. The Annex to this Agreement may be amended in writing between the Aeronautical authorities and such amendment shall take effect on a date to be determined by them.
4. If the provisions of a multilateral agreement or convention concerning air transport come into force in respect of both Contracting Parties, this Agreement shall be deemed to be amended so far as is necessary to conform with those provisions of that Agreement or Convention.
ARTICLE 20
Settlement of disputes
1. Any disputes except those which may arise with respect to specific tariff filings, relating to the interpretation or application of this Agreement which cannot be settled by negotiations between the Contracting Parties, either through discussion, correspondence or the use of diplomatic channels, shall, at the request of either Contracting Party, be submitted to an arbitral tribunal.
2. Within a period of sixty (60) days from the date of receipt by either Contracting Party from the other Contracting Party of a note through the diplomatic channel requesting arbitration of the dispute by a tribunal, each Contracting Party shall nominate an arbitrator. Within a period of sixty (60) days from the appointment of the arbitrator last appointed, the two arbitrators shall appoint a president who shall be a national of a third State. If within sixty (60) days after one of the Contracting Parties has nominated its arbitrator, the other Contracting Party has not nominated its own or, if within sixty (60) days following the nomination of the second arbitrator, both arbitrators have not agreed on the appointment of the president, either Contracting Party may request the President of the Council of the International Civil Aviation Organization to appoint an arbitrator or arbitrators as the case requires.
3. The Tribunal shall determine its own procedure.
4. Subject to the final decision of the Tribunal, the Contracting Parties shall bear in equal proportion the interim costs of arbitration.
5. The Contracting Parties shall undertake to comply with any provisional ruling and the final decision of the Tribunal.
ARTICLE 21
Termination of agreement
1. Either Contracting Party may at any time from the entry into force of this Agreement give notice in writing through the diplomatic channel to the other Contracting Party of its decision to terminate this Agreement. Such notice shall be communicated simultaneously to the International Civil Aviation Organization (ICAO). The Agreement shall terminate one (1) year after the date of receipt of the notice by the other Contracting Party.
2. In default of acknowledgement of receipt of a notice of termination by the other Contracting Party, the notice shall be deemed to have been received fourteen (14) days after the date on which ICAO acknowledged receipt thereof.
ARTICLE 22
Registration of agreement and amendments
This Agreement and any subsequent amendments thereto shall be submitted by the Contracting Parties to the International Civil Aviation Organization for registration.
ARTICLE 23
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 and shall replace the Agreement pertaining to air services between the Contracting Parties signed at Pretoria on 13 November 1967.
Done in duplicate at Brussels on this 2
nd day of May 2000, in the English language.
In witness whereof, the undersigned, being duly authorized thereto by their respective Governments, have signed this Agreement.
Annex
ROUTE SCHEDULE
Section 1
Routes to be operated by the designated airline of the Republic of South Africa :
Points in the Republic of South Africa - intermediate points - points in The Kingdom of Belgium - points beyond.
NOTES
1. The roads may be operated in either direction.
2. The designated airline of the Republic of South Africa may on any or all flights omit calling at any of the above-mentioned points provided that the agreed services on these roads begin at a point in the territory of the Republic of South Africa.
3. No traffic may be picked up at an intermediate point to be set down at points in the Kingdom of Belgium or at points in the Kingdom of Belgium to be set down at a point beyond, or vice versa, except as may from time to time be agreed by the aeronautical authorities of the Contracting Parties. This restriction also applies to all forms of stop-over traffic.
Section 2
Routes to be operated by the designated airline of the Kingdom of Belgium :
Points in the Kingdom of Belgium - intermediate points - points in the Republic of South Africa - points beyond.
NOTES
1. The roads may be operated in either direction.
2. The designated airline of the Kingdom of Belgium may on any or all flights omit calling at any of the above-mentioned points provided that the agreed services on these roads begin at a point in the territory of the Kingdom of Belgium.
3. No traffic may be picked up at an intermediate point to be set down at points in the Republic of South Africa or at points in the Republic of South Africa to be set down at a point beyond, and vice versa, except as may from time to time be agreed by the aeronautical authorities of the Contracting Parties. This restriction also applies to all forms of stop-over traffic.
AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA AND THE GOVERNMENT OF BELGIUM RELATING TO AERIAN SERVICES AND TO THEIR RESPECTORY TERRITORIES
The Governments of the Republic of South Africa and the Kingdom of Belgium (hereinafter referred to as "Contracting Parties");
Parties to the Convention on International Civil Aviation opened for signature in Chicago on 7 December 1944;
Acknowledging the importance of air transportation as a means of creating and preserving friendship, understanding and cooperation between the peoples of the two countries;
Desiring to contribute to the progress of international civil aviation;
Desiring to conclude an Agreement to establish air services between and beyond their respective territories;
The following agreed:
ARTICLE 1
erDefinitions
For the purposes of this Agreement, unless the context otherwise provides, it shall mean:
(a) "aeronautical authorities": the respective Ministers responsible for the Civil Aviation or in both cases any other person or authority authorized to perform the functions of the said Ministers;
(b) "Agreed services": regular air services on roads specified in the Annex to this Agreement for the carriage of passengers and goods in accordance with agreed capabilities, and by "specified route": a road specified in the Annex to this Agreement;
(c) "Agreement": this Agreement, its Annex prepared for its implementation and any amendment to the Agreement or Annex;
(d) "air service", "international air service", "air transport company" and "non-commercial port of call": these terms have the meaning assigned to them in Article 96 of the Convention;
(e) "on-board equipment": items other than removable on-board provisions and spare parts for use on board an aircraft in flight including first aid and survival equipment;
(f) "marchandises": this term includes mail;
(g) "Convention": the Convention on International Civil Aviation opened for signature in Chicago on December 7, 1944, including:
(i) any Annex or amendment adopted under Article 90 of the Convention provided that this Annex or amendment is in force for both Contracting Parties at any time, and
(ii) any amendment entered into force under Article 94 (a) of the Convention and ratified by the two Contracting Parties;
(h) "designated air carrier": one or more designated air carriers and authorized in accordance with Article 3, Designation and Authorization, of this Agreement;
(i) "stop assistance": this term includes assistance to passengers, the handling of goods and baggage and the provision of supplies, while not limited to that;
(j) "replacement parts": items for repair and replacement for incorporation in the aircraft including engines;
(k) "tariff": the prices that the designated air carriers apply for the carriage of passengers and goods as well as the conditions under which these prices apply but excluding remuneration and conditions for the transport of mail;
(l) "territory": for a State this term has the meaning assigned to it in Article 2 of the Convention.
ARTICLE 2
Granting of rights
1. Each Contracting Party shall grant the other Contracting Party the rights specified in this Agreement to enable its designated air carrier to establish and operate international air services on the routes specified in the Annex.
2. In accordance with the provisions of this Agreement, the designated air carrier of each Contracting Party shall be entitled to:
(a) overflight without landing the territory of the other Contracting Party;
(b) make non-commercial ports of call in that territory, and
(c) make ports of call in the territory of the other Contracting Party in order to board and disembark passengers and goods in international traffic during the operation of an agreed service.
3. The air carriers of each Contracting Party other than those designated pursuant to Article 3, Designation and Authorization, of this Agreement shall be entitled to the rights specified in paragraphs (2) (a) and (b).
4. Nothing in subsection (2) shall be construed as conferring on the designated air carrier of a Contracting Party the privilege of embarking on the territory of the other Contracting Party passengers and goods to carry them for remuneration or under a lease contract to another point in the territory of that other Contracting Party.
5. If, as a result of armed conflict, political disturbances or developments or special and unusual circumstances, the designated air carriers of a Contracting Party are unable to operate a service on their normal routes, the other Contracting Party will make every effort to facilitate the continued operation of such a service by appropriate and temporary rearrangements of such routes as decided by the Contracting Parties.
ARTICLE 3
Designation and authorization
1. Each Contracting Party shall have the right to designate, in writing, an air carrier to the other Contracting Party for the operation of the services agreed on the specified routes and to withdraw, in writing, such designation.
2. Agreed services may start at any time, entirely or in part, but not before
(a) the Contracting Party, which has obtained the rights, has designated, in accordance with subsection (1), an air carrier for agreed routes; and that
(b) the Contracting Party granting the rights without too much time has given the appropriate authorization of operation to the air carrier concerned (in accordance with the provisions of Article 4 (Revocation and Limitation of Authorization).
(3) In order to grant appropriate operating authorizations in accordance with subsection (2), the aeronautical authorities of a Contracting Party may require that the air carrier designated by the other Contracting Party prove to them that it is capable of fulfilling the conditions prescribed by the laws and regulations usually applied to the operation of international air services by those authorities in accordance with the provisions of the Convention.
ARTICLE 4
Revocation and limitation of authorization
1. With respect to the designated air carrier of the other Contracting Party, the aeronautical authorities of the other Contracting Party have the right to refuse the authorizations referred to in Article 3 (Designation and Authorization) of this Agreement, to revoke or suspend such authorizations or to specify conditions, temporarily or permanently, at any time during the exercise of the designated air carrier's duties.
(a) if the company cannot prove that it is in a position to fulfil or comply with the laws and regulations normally applied by the aeronautical authorities of that Contracting Party in accordance with the Convention;
(b) if, for the aeronautical authorities of that Contracting Party, 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 air carrier or its nationals; or
(c) if the air carrier violates the conditions set out in this Agreement.
2. Unless immediate action is required to prevent violations of the above-mentioned laws and regulations, the rights listed in subsection (1) will be exercised only after consultations with the aeronautical authorities of the other Contracting Party in accordance with Article 17 (Consultations).
ARTICLE 5
Enforcement of laws, regulations and procedures
1. The laws, regulations and procedures of each Contracting Party governing the entry and exit of its territory of aircraft assigned to international air services or the operation and navigation of such aircraft shall be observed by the designated air carrier of the other Contracting Party at the entry in and to the departure including the departure of that territory.
2. The laws, regulations and procedures of a Contracting Party governing the entry, stay and departure of the territory of passengers, crews, goods and aircraft (including laws and regulations relating to the entry, exit, air security, immigration, passports, customs, quarantine or in the case of mail, postal laws and regulations) shall be applicable to passengers, crews, goods and aircraft of the designated carrier These laws and regulations shall be applied equally by each Contracting Party to passengers, crews, goods and aircraft of all countries without distinction as to the nationality of aircraft.
3. Passengers, baggage and goods in direct transit on the territory of each Contracting Party and not leaving the area of the airport reserved for this purpose shall, except for security measures against violence and illegal intervention, be subject only to summary control. Baggage and goods in direct transit will be exempted from customs duties and any similar taxes.
ARTICLE 6
Recognition of certificates 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 the services agreed upon provided that such certificates or 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 the purposes of flights carried out pursuant to paragraph (2) of Article 2 (Octroi de droits) the suitability and licences granted to its own nationals by the other Contracting Party.
2. If the privileges or conditions of the licences or certificates issued or validated by a Contracting Party permit differences with respect to the standards established under the Convention and that these differences have been notified to the International Civil Aviation Organization, the aeronautical authorities of the other Contracting Party may, without prejudice to the rights of the first Contracting Party resumed in paragraph (2) of Article 16 (Security), request consultations The inability to reach a satisfactory agreement will justify the application of section 4 (Revocation and Limitation of Authority) of this Agreement.
ARTICLE 7
Customs and other charges
1. Aircraft operated on services agreed by the designated air carrier of a Contracting Party and the normal equipment, fuels, lubricant oils (including hydraulic fluids) and lubricants, consumable technical supplies, spare parts (including engines), on-board provisions (including food, beverages, alcoholic beverages, tobacco and other goods intended for sale on-board
2. Will also be exempted from customs duties, excise duties, inspection fees and other national taxes and duties:
(a) the on-board provisions on the territory of a Contracting Party and intended to be used on board the aircraft operated on an international air service by the designated air carrier of the other Contracting Party;
(b) spare parts (including engines) and normal on-board equipment imported into the territory of a Contracting Party for the maintenance or repair of the aircraft operating the agreed services; and
(c) fuels, lubricant oils (including hydraulic fluids) and lubricants for the designated air carrier of a Contracting Party to supply aircraft operating the agreed services, even if these supplies are intended to be used on any part of the voyage over the territory of the other Contracting Party where they were taken on board.
3. The normal on-board equipment and spare parts (including motors), on-board provisions, fuels, lubricant oils (including hydraulic fluids) and lubricants and other items referred to in paragraph (1) retained on board the aircraft operated by the designated air carrier of a Contracting Party may not be discharged in the territory of the other Contracting Party except with the approval of the customs authorities. In this case, they may be placed under the supervision of such Customs authorities until they are re-exported or otherwise disposed of in accordance with the customs laws and procedures of that Contracting Party.
4. The exemptions provided for in this Article shall also be granted where the designated air carrier of each Contracting Party has entered into arrangements with another air carrier for the loan or transfer to the territory of the other Contracting Party of the objects specified in subsection (1) and (2), provided that the other air carrier has the same exemptions from the other Contracting Party.
ARTICLE 8
Principles for the operation of agreed services
1. Each Contracting Party shall take appropriate measures in its jurisdiction to eliminate any form of unfair discrimination or competition practices that prejudice the competitive position of the designated air carrier of the other Contracting Party in the exercise of the rights and prerogatives provided for in this Agreement including, but not limited, restrictions on the sale of air transport, the payment of goods, services or transactions, or the repatriation of surpluses
2. In the event that the aeronautical authorities of each Contracting Party consider that their designated air transport undertaking is a victim of discrimination or unfair practices, they shall notify the aeronautical authorities of the other Contracting Party. Consultations if necessary requested by the diplomatic channel will be held as soon as possible after the notification unless the first Contracting Party has found to its satisfaction that the problem has been resolved in the meantime.
3. During the operation of the services agreed upon the designated air carrier of each Contracting Party shall take into account the interests of the designated air carrier of the other Contracting Party so as not to unduly affect the services it provides on all or part of the same routes.
4. The capacity provided by the designated air carrier of each Contracting Party shall have a reasonable relationship with the public's transportation requirements on specified routes and shall have the primary objective of ensuring, according to a reasonable coefficient of payload, sufficient capacity to meet the normal and normally predictable requirements for the carriage of passengers and goods between the Contracting Parties.
5. The provision by the designated air transport company of traffic originating in or to points on the routes specified in the territories of third countries will be ensured in accordance with the general principles that the capacity must be adapted:
(a) the requirements of traffic from or to the territory of the Contracting Party that has designated the air carrier;
(b) the traffic requirements of the region that the air transportation undertaking passes through, taking into account local and regional services; and
(c) the requirements of long-haul air services.
6. The capacity that may be provided in accordance with this Article by the designated air carrier of each Contracting Party on the agreed services shall be equivalent to that decided between the aeronautical authorities of the Contracting Parties before the commencement of the services agreed by the designated air carriers and thereafter from time to time.
ARTICLE 9
Aircraft change
1. Each designated air carrier may for any flight or flight on the agreed services and at its discretion change aircraft in the territory of the other Contracting Party provided that:
(a) the aircraft used beyond the aircraft change point in or beyond the territory of the other Contracting Party shall be programmed in connection with an aircraft upon arrival or departure, as appropriate; and
(b) where more than one aircraft is operated beyond the point of change, only such aircraft may be of equal size and none may be greater than the aircraft used in third and fourth freedom.
2. For the purpose of carrying out aircraft change operations, a designated air carrier may use its own equipment and, in accordance with national regulations, equipment for rent and may operate under commercial agreements with another air carrier.
3. A designated air carrier may use different or identical flight numbers for these aircraft change operations.
ARTICLE 10
Commercial activities
1. Designated air carriers of the two Contracting Parties will be allowed to install offices in the territory of the other Contracting Party in order to promote their air transport and the sale of air tickets and other services necessary for the air transport offer.
2. The designated air carrier of a Contracting Party shall be authorized to introduce and maintain its management, commercial, operational and technical personnel required for air transport in the territory of the other Contracting Party.
3. Such personnel requirements may at the discretion of the designated air carrier be met by its 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 the territory of that Contracting Party.
4. Each Contracting Party shall grant to the designated air carrier of the other Contracting Party the right to proceed with the sale of air tickets on its territory and at its option through its agents. Each designated air carrier has the right to sell such transportation securities and any person may acquire these securities in any currency
5. The designated air carrier of a Contracting Party shall have the right to pay its local expenses in the territory of the other Contracting Party in local currency or, as long as it meets monetary rules, in currencies freely convertible.
6. At its discretion, each designated air carrier shall have the right, in the territory of the other Contracting Party, to provide in its own port of call assistance or, where there is more than one supplier, on the basis of a contract with an agent of its choice including any other air carriers carrying on port of call assistance. Where a designated air transport company is unable to carry out its own port of call assistance, or to enter into a contract with an agent of its choice for this port of call assistance, these services will have to be rendered to this designated air carrier on an equal basis with other air carriers.
7. The above activities shall be carried out in accordance with the laws and regulations of the other Contracting Party.
ARTICLE 11
Rates
1. The rates to be applied for the carriage of traffic between the territories of the Contracting Parties on the agreed services will be established at reasonable levels, with due regard to all relevant appreciation elements including the interest of air transportation users, operating costs, reasonable benefit and rates applied by other air carriers on any part of the specified routes.
2. The rates referred to in subsection (1) will, if possible, be agreed by the designated air carriers of the two Contracting Parties after consultation with other air carriers operating on all or part of the road and such agreement will, if possible, be obtained in accordance with the procedures of the International Air Transporter Association for the calculation of tariffs (IATA).
3. The tariffs will be submitted by the designated air carrier concerned to the aviation authorities of the Contracting Parties at least forty-five (45) days before the proposed date for their entry into force. In particular 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 a Contracting Party have not notified the aeronautical authorities of the other Contracting Party of their disagreement with the tariffs that have been submitted to them, these tariffs will be considered approved and will come into force on the date specified in the proposed tariff. If they accept a shorter period of time for filing a tariff, the aeronautical authorities may also agree that the period in 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, 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 letariff by mutual agreement.
5. A tariff established in accordance with the provisions of this Article shall remain in effect until a new tariff is established. A tariff will not be extended under this paragraph for more than twelve (12) months after the date of its expiry.
6. The aeronautical authorities of the two Contracting Parties shall endeavour to ensure that the rates applied and collected in accordance with the tariffs approved by them are not subject to discount.
7. Without prejudice to the application of the provisions of the preceding paragraphs, designated air carriers are allowed to compete, on the sections of the agreed services on which they exercise traffic rights under the fifth freedom of air, the tariffs applied by air carriers serving the same sections under the third and fourth freedoms of air.
The prices applied by air carriers operating services under the fifth freedom of air will not be lower, and their tariff conditions will not be less restrictive than those of air carriers operating services under the third and fourth freedoms of air.
ARTICLE 12
Schedule
1. The designated air carrier of each Contracting Party shall submit for approval to the aeronautical authorities of the other Contracting Party at least thirty (30) days in advance, the schedules of such services provided by specifying the frequency, type of aircraft, configuration and number of seats available to the public.
2. Any subsequent amendments to the approved schedules of a designated air carrier will be submitted for approval to the aeronautical authorities of the other Contracting Party.
ARTICLE 13
Provision of information
Upon request, the aeronautical authorities of each Contracting Party shall provide or invite its designated air carriers to provide to the aeronautical authorities of the other Contracting Party the periodic or other statistical records normally necessary for the revision of the operation of the agreed services including but not limited to traffic statistics transported by its designated air carriers between the points on the territory of the other Contracting Party and the other points on the specified routes in
ARTICLE 14
Transfer of funds
The designated air carrier of each Contracting Party shall have the right to sell air tickets in local currency or freely convertible and to convert their funds into any freely convertible currency and to transfer them as appropriate from the territory of the other Contracting Party. In accordance with national laws, rules and policies of the other Contracting Party, the conversion and transfer of funds from the normal fiscal year of their operation will be carried out at a rate of exchange that is in accordance with the applicable national laws and the rules governing current payments and will not be subject to any tax except those applied for such transactions.
ARTICLE 15
Airport, service and facilitation fees
1. The fees imposed on the designated air carrier of a Contracting Party by the competent bodies for that purpose of the other Contracting Party for the use by the designated air carrier of airports, airways and other civil aviation facilities and services will not be higher than those imposed by that Contracting Party to its own designated air carrier for international operations using aircraft, installations and similar services.
2. Each Contracting Party shall consider holding consultations between its competent bodies to collect these rights and designated air carriers using facilities and services. If possible, these consultations will be conducted through representative organizations of air carriers. Any proposed changes in the rights referred to in this section should be given with reasonable notice to designated air carriers in conjunction with any appropriate information and data that may enable them to express their views and take them into consideration before any change is made.
3. None of the Contracting Parties shall promote or permit the competent authorities to collect the rights to promote their own air transport undertaking or any other in relation to the designated air transport undertaking of the other Contracting Party engaged in similar international operations in respect of the application of customs, immigration, quarantine and other similar regulations or in respect of the use of airports, airways, air traffic services and other related facilities.
ARTICLE 16
Security
1. Each Contracting Party may request consultations on the safety standards applied by the other Contracting Party in respect of aeronautical installations, crews, aircraft and the operation of designated air carriers. If, as a result of such consultations, a Contracting Party considers that the other Contracting Party does not apply or effectively manage security standards and requirements in those areas that are at least equivalent to the minimum standards that may be established in accordance with the Convention, the other Contracting Party will be informed of these findings and the measures considered necessary to take to comply with these standards. The other Contracting Party shall take the necessary corrective measures. If the other Contracting Party does not take the appropriate measures within a reasonable period of time and in any case within fifteen (15) days, this constitutes a basis for the application of section 4 (1) (Revocation and Limitation of Authorization) of this Agreement.
2. If immediate action is essential to the safety of air operations, the Contracting Party may act under section 4 (1) (Revocation and Limitation of Authorization) before consultations.
3. Any action taken by a Contracting Party pursuant to subsections (1) and (2) shall terminate when the other Contracting Party has satisfied the security provisions of this Article.
ARTICLE 17
Aviation safety
1. In accordance with their rights and obligations under international law, Contracting Parties affirm 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. Without limiting all their rights and obligations under international law, Contracting Parties shall comply in particular with the provisions of the Convention on Offences and Certain Acts Committed 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, of the Convention for the Suppression of Unlawful Acts against the Safety of Multilateral Aviation, signed in Montreal on 23 September 1971
3. The Contracting Parties shall mutually agree, upon request, with all necessary assistance to prevent the unlawful capture of civilian aircraft and other unlawful acts directed against the safety of such aircraft, passengers and crews, airports and air navigation facilities and services and any other threat to the safety of civil aviation.
4. The Contracting Parties, in their mutual relations, 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 Contracting Parties.
5. In addition, Contracting Parties 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 the aviation safety provisions that are applicable to the Contracting Parties. In this spirit, each Contracting Party shall draw the attention of the other Contracting Party to any discrepancy between these national regulations and practices and the safety standards of the Aviation in the Annexes referred to in paragraph (4) above. Each Contracting Party may at any time request immediate consultations with the other Contracting Party to consider these differences.
6. Each Contracting Party agrees that its aircraft operators are invited to observe the aviation safety provisions in paragraph (4) above imposed by the other Contracting Party for entry on, departure of or stay in the territory of that other Contracting Party. Each Contracting Party shall ensure that adequate measures are effectively taken in its territory to protect aircraft, as well as safety checks for passengers, crews, hand baggage, cargo and cargo vessels, before and during 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 civil aviation against a particular threat.
7. When an act of unlawful capture of a civilian aircraft or any other unlawful act directed against the safety of that aircraft, its passengers and crews, airports and air navigation facilities and services is committed or where there is a threat of such an act, the Contracting Parties shall assist in facilitating communications and other appropriate measures to put an expeditious end to the act or threat of an act without too much danger to human life.
8. As for a Contracting Party, there are substantial grounds for believing that the other Contracting Party derogates from the provisions of this Article, the aeronautical authorities of the first Contracting Party may request immediate consultations with the aeronautical authorities of the other Contracting Party. The failure to reach a satisfactory agreement within fifteen (15) days from the date of such a request will justify the application of section 4 (1) (Revocation and Limitation of Authorization) of this Agreement. If warranted, a Contracting Party may act pursuant to section 4 (1) (Revocation and Limitation of Authorization) before the expiry of the fifteen (15) day period. Any action taken under this paragraph shall be terminated as soon as the other Contracting Party applies the security provisions of this article.
ARTICLE 18
Consultations
1. Each Contracting Party may at any time request consultations on the application, interpretation, implementation or amendment of this Agreement.
2. In accordance with Article 16 (Security) and Article 17 (Aviation Safety), these consultations, through discussions or correspondence, will begin within sixty (60) days from the date of receipt of such an application unless mutually agreed otherwise.
ARTICLE 19
Amendment of the Agreement
1. This Agreement may be amended or revised in writing between the Contracting Parties.
2. Any such amendment approved by the Contracting Parties shall be made effective by Exchange of Notes and shall enter into force on a date determined by the Contracting Parties. This date will depend on the completion of the required national procedures.
3. The Annex to this Agreement may be amended in writing between the aeronautical authorities and such an amendment shall enter into force on the date agreed between them.
4. If the provisions of a multilateral air transport agreement or convention enter into force for both Contracting Parties, this Agreement shall, if necessary, be amended accordingly to comply with the provisions of this Agreement or Convention.
ARTICLE 20
Settlement of disputes
1. Any dispute, with the exception of those inherent in the specific notification of tariffs, with respect to the interpretation or application of this Agreement which cannot be settled by actual negotiations, or by correspondence or diplomatic means between the Contracting Parties, shall be subject to the request of each Contracting Party to an arbitral tribunal.
2. Within sixty (60) days from the date of receipt for each Contracting Party of a diplomatic note requesting arbitration of the dispute by a court, each Contracting Party shall appoint an arbitrator. Within sixty (60) days from the date of designation of the last arbitrator, the two arbitrators shall designate a President who shall be a third State national. If within sixty (60) days of the date of designation by a Contracting Party of its arbitrator, the other Contracting Party has not designated its own or if within sixty (60) days of the designation of the second arbitrator, the two arbitrators have not agreed on the designation of the President, each Contracting Party may request the President of the Council of the Organization of the International Civil Aviation to appoint the arbitrators.
3. The Tribunal shall establish its own procedure.
4. In accordance with the Tribunal's final decision, Contracting Parties shall share equally the interim costs of arbitration.
5. The Contracting Parties undertake to comply with any interim decision and final decision of the Tribunal.
ARTICLE 21
Denunciation of the Agreement
1. From the entry into force of this Agreement, each Contracting Party may at any time notify in writing to the other Contracting Party, by diplomatic means, of its decision to denounce this Agreement. This notification will be sent simultaneously to the International Civil Aviation Organization (ICAO). The Agreement shall terminate one (1) year after the date of notification by the other Contracting Party.
2. In the absence of an acknowledgement of receipt of notification of denunciation from the other Contracting Party, the notification shall be deemed to have been received fourteen (14) days after the date of confirmation of receipt by the ICAO.
ARTICLE 22
Registration of the Agreement and amendments
This Agreement and any subsequent amendments to this Agreement shall be submitted by the Contracting Parties to the International Civil Aviation Organization for registration.
ARTICLE 23
Entry into force
This Agreement shall enter into force on the date of its signature and replace the Air Services Agreement between the Contracting Parties signed in Pretoria on 13 November 1967.
Done in duplicate in Brussels on 2 May 2000 in the English language.
In faith, the undersigned, duly authorized to do so by their respective Governments, have signed this Agreement.
Annex
CONTENTS
Section 1
reRoutes to be operated by the designated air transport company of the Republic of South Africa:
Points in the Republic of South Africa - Intermediate points - Points in the Kingdom of Belgium - Points beyond
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Notes
1. The roads can be operated in each direction
2. The designated air carrier of the Republic of South Africa may, on any flight or all flights, omit the service from any point listed above provided that the services agreed on these routes begin at a point in the territory of the Republic of South Africa.
3. No traffic may be taken in an intermediate point to be disembarked in points in the Kingdom of Belgium or taken in points in the Kingdom of Belgium to be disembarked in points beyond or vice versa, except from time to time following an agreement between the aeronautical authorities of the Contracting Parties. This restriction also applies to any form of traffic with intermediate stop.
Section 2
Routes to be operated by the designated air carrier of the Kingdom of Belgium:
Points in the Kingdom of Belgium - Points intermediaries - Points in the Republic of South Africa - Points beyond.
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Notes
1. The roads can be operated in each direction.
2. The designated air carrier of the Kingdom of Belgium may on any flight or flights omit the service from any point listed above provided that the services agreed on these routes begin at a point in the territory of the Kingdom of Belgium.
3. No traffic can be taken in an intermediate point to be disembarked in points in the Republic of South Africa or boarded in points of the Republic of South Africa to be disembarked in points beyond or vice versa except from time to time following the agreement of the aeronautical authorities of the Contracting Parties. This restriction also applies to any form of traffic with intermediate stop.
