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Law Approving The Agreement Between The Government Of The Kingdom Of Belgium And The Government Of The United Arab Emirates For The Establishment Of Air Services Between Their Respective Territories And Beyond, And Annex, Signed In Abu Dhabi Mar 5

Original Language Title: Loi portant assentiment à l'accord entre le Gouvernement du Royaume de Belgique et le Gouvernement des Emirats Arabes Unis en vue de l'établissement de services aériens entre leurs territoires respectifs et au-delà, et Annexe, signés à Abou Dhabi le 5 mar

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5 NOVEMBER 2002. - An Act to approve the agreement between the Government of the Kingdom of Belgium and the Government of the United Arab Emirates for the establishment of air services between their respective territories and beyond, and Annex signed in Abu Dhabi on 5 March 1990 (1) (2) (2)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The agreement between the Government of the Kingdom of Belgium and the Government of the United Arab Emirates for the establishment of air services between their respective territories and beyond, and Annex, signed in Abu Dhabi on 5 March 1990, 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 at Château-de-Grasse, November 5, 2002.
ALBERT
By the King:
Minister of Foreign Affairs,
L. MICHEL
Minister of Mobility and Transport,
Ms. I. DURANT
Seen and sealed the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Notes
(1) Session 2001-2002.
Senate.
Documents. Bill tabled on 26 April 2002, No. 2-1131/1. Report no. Text adopted by the Commission, No. 2-1131/2.
Annales parliamentarians. Discussion, meeting of 10 July 2002. Voting, meeting of 10 July 2003.
Room.
Documents. Project transmitted by the Senate, No. 50-1933/1. Report no. Text adopted in plenary and subject to Royal Assent, No. 50-1933/2.
Annales parliamentarians. Discussion, meeting of 20 July 2002. Voting, meeting of 20 July 2002.
(2) Pursuant to Article 22 of the Agreement entered into force on 24 December 2002.

AGREEMENT BETWEEN THE GOVERNMENT OF BELGIUM AND THE GOVERNMENT OF US ARABIC EMIRDS FOR THE USE OF AERIEN SERVICES IN THEIR RESPECTORY TERRITORIES AND
The Government of the Kingdom of Belgium
and
The Government of United Arab Emirates
Being both parties to the Convention on International Civil Aviation opened for signature in Chicago on 7 December 1944;
Desiring to conclude a supplementary agreement to the Convention with a view to establishing air services between their respective territories and beyond;
The following agreed:
ARTICLE 1er
Definitions
For the purposes of this Agreement unless the context requires a different interpretation:
1. The term "Convention" means the Convention on International Civil Aviation, which was opened for signature in Chicago on 7 December 1944, and includes any Annex adopted under Article 90 of the Convention, as well as any amendment to the Annexes or Convention adopted under Articles 90 and 94 of the Convention, provided that the Annexes and Amendments have released their effects for the two Contracting Parties or have been ratified by them;
2. The term "aeronautical authorities" means, in the case of the Kingdom of Belgium, the Ministry of Communications and any person or body authorized to perform any functions performed by the said Ministry of Communications in relation to this Agreement and for the United Arab Emirates, the Minister of Communications and any person or body authorized to perform any functions that may be exercised by the Minister in the field of civil aviation;
3. The term "designated air carrier" means an air carrier(s) that has been designated and authorized in accordance with section 4 of this Agreement;
4. The term "territory", applicable to a State, has the meaning assigned to it in Article 2 of the Convention;
5. The terms "air services", "international air services", "air transport company" and "non-commercial port of call" have the meanings assigned to them in Article 96 of the Convention.
ARTICLE 2
Applicability of the Chicago Convention
The provisions of this Agreement shall be subject to the provisions of the Convention to the extent that these provisions are applicable to international air services.
ARTICLE 3
Trafficking rights
1. Each Contracting Party shall grant to the other Contracting Party the following rights with respect to the scheduled international air services of the Contracting Party:
(a) the right to overflight its territory without affecting it;
(b) the right to make non-commercial stopovers on its territory;
2. Each Contracting Party shall grant the other Contracting Party the rights provided for in this Agreement to establish regular international air services on the routes specified in the appropriate section of the tables annexed to this Agreement. These services and roads are referred to as "agreed services" and "specified roads".
In the operation of a service agreed upon on a specified road, the air carriers designated by each Contracting Party shall, in addition to the rights set out in paragraph (1) of this Article, enjoy the right to make ports of call on the territory of the other Contracting Party to the points specified for that road in the table annexed to this Agreement, in order to board and disembark passengers, separate goods and courier therein.
3. Nothing in subsection (2) of this Article shall be construed as conferring on the air carrier of one of the Contracting Parties the right to embark on the territory of the other Contracting Party passengers, goods and mail, carried under a lease contract or for remuneration and intended for another point in the territory of the other Contracting Party.
ARTICLE 4
Designation of air carriers
1. Each Contracting Party shall have the right to designate, by written notification to the other Contracting Party, one or more air carriers for the operation of the services agreed on the specified routes;
2. Upon receipt of the notice of designation, the other Contracting Party, subject to the provisions of paragraphs 3 and 4 of this Article, shall grant to the designated air carrier(s) without delay the appropriate operational authorization;
3. The aeronautical authorities of a Contracting Party may require that the air carrier designated by the other Contracting Party prove that it is capable of satisfying the conditions prescribed under the laws and regulations normally and reasonably applied by such authorities to the operation of international air services in accordance with the provisions of the Convention;
4. Each Contracting Party shall have the right to refuse to grant the operating authorization referred to in subsection (2) of this Article, or to subordinate the conditions that it deems necessary for the exercise, by the designated air carrier(s), of the rights specified in Article 3 of this Agreement, where such Contracting Party shall not have proof that an important part of the property and the effective direction of the
5. When an air carrier has been so designated and has been authorized to operate, it may at any time commence to operate the services agreed upon, provided that a tariff(s) established in accordance with the provisions of Article 11 of this Agreement is/are in force for such services.
ARTICLE 5
Revocation and suspension of operating authorities
1. Each Contracting Party shall have the right to revoke an operating authorization, to suspend the exercise by the air carrier designated by the other Contracting Party of the rights specified in Article 3 of this Agreement or to subordinate the exercise of these rights to the conditions it deems necessary in each of the following cases:
(a) where it is not satisfied that a significant portion of the property and the effective direction of that undertaking(s) are in the hands of the Contracting Party that has designated the undertaking/businesses or nationals of that undertaking;
(b) where such undertaking(s) does not comply with the laws or regulations of the Contracting Party which granted such rights;
(c) where in the operation of the services, the undertaking/companies in question contravene/otherwise the conditions set out in this Agreement;
2. Unless it is necessary to resort immediately to the revocation, suspension or fixing of conditions as provided for in subsection (1) of this article in order to avoid further breaches of laws or regulations, that right may be exercised only after consultation with the other Contracting Party in accordance with Article 15 of this Agreement.
ARTICLE 6
Exemption from customs duties and other taxes
1. Aircraft operated on international air service by the designated air carrier(s) of a Contracting Party, as well as their normal equipment, fuel and lubricants reserves and on-board provisions (including foodstuffs, beverages and tobacco) that are on board such aircraft shall be exempt from all customs duties, inspection fees, and other national or local duties or taxes,
2. Will also be exempted from these same fees, fees and taxes, with the exception of representative fees for services rendered:
(a) the on-board provisions on the territory of a Contracting Party, within the limits established by the authorities of that Contracting Party, and intended to be used on board departing aircraft assigned to an international air service of the other Contracting Party;
(b) spare parts introduced in the territory of a Contracting Party for the maintenance or distribution of aircraft used in international air service by the designated air carrier(s) of the other Contracting Party;
(c) the fuels and lubricants provided in the territory of a Contracting Party to an aircraft departing from the designated air carrier of the other Contracting Party, assigned to an international air service, even if such reserves are to be used on the part of the journey over the territory of the Contracting Party on which they were boarded. It may be required to leave under the supervision or control of customs the products referred to in (a), (b) and (c) above;
3. Normal on-board equipment, as well as goods and reserves on board aircraft of a Contracting Party, may only be discharged in the territory of the other Contracting Party with the consent of the customs authorities of that territory. In this case, they may be placed under the supervision of customs authorities until they are re-exported or have received another destination in accordance with customs regulations;
4. The rights that one of the Contracting States may impose or permit to impose for the use of airports and other air navigation facilities by aircraft of any other Contracting State may not be higher than those that would be due by its national aircraft that provide scheduled international air services.
ARTICLE 7
Applicability of national legislation
1. The laws and regulations of one of the Contracting States governing in its territory the entry, or exit of passengers, crew, goods or mail such as those relating to entry, leave, immigration, passports, customs, foreign exchange, sanitary measures and quarantine shall be observed by such passengers and crews or in their name and for goods or mail at the time of arrival or departure
2. The laws and regulations of a Contracting State governing in its territory the entry or exit of aircraft assigned to international air navigation and the operation and navigation of such aircraft of the other Contracting State within the territory of the first State shall be applied;
3. The competent authorities of a Contracting State shall be entitled, without unreasonable delay, to search the aircraft of the other Contracting State for landing or departure, and to control the certificates and other documents provided for in this Agreement.
ARTICLE 8
Principles for the operation of agreed services
1. The designated air carriers of each Contracting Party shall enjoy equal and equitable opportunities for the operation of the agreed services on the routes specified between their respective territories and beyond.
2. In the operation of the agreed services, the designated air carriers of each Contracting Party shall take into account the interests of the air carriers designated by the other Contracting Party, so as not to unduly affect the services they provide on all or part of the same routes;
3. The agreed services provided by the air carriers designated by the Contracting Parties shall be in close contact with the public transport requirements on the specified routes and shall have the fundamental objective of ensuring, according to a reasonable coefficient of charge, sufficient capacity to meet the current needs and reasonable forecasts for the carriage of passengers, and goods including mail from or to the territory of the Contracting Party that has designated the carrier(s). The carriage of passengers and goods including mail that are boarded or disembarked at points on the routes specified in the territory of states other than that which has designated the air carrier(s) will be ensured in accordance with the general principles according to which the capacity must be adapted:
(a) the requirements of traffic to and from the territory of the Contracting Party that has designated the air carrier(s);
(b) the requirements of traffic in the region through the agreed service, taking into account other transport services established by air carriers of the States included in the region; and
c) the requirements for the operation of direct air sevices.
ARTICLE 9
Operating information
1. The company/designated air carriers of one of the Contracting Parties shall communicate/communicate for approval to the aeronautical authorities of the other Contracting Party as long in advance as may be done before the inauguration of the agreed services, flight schedules including information on the type of aircraft shall be used;
2. The requirements of this section will also apply to any change in agreed services.
ARTICLE 10
Aviation protection
The Contracting Parties agreed to cooperate to the fullest extent possible with a view to preventing diversion and sabotage directed against the safety of aviation or airports and air navigation facilities and reaffirm their commitment to act in accordance with the provisions of the Convention on Offences and Certain Other Acts Committed on board Aircraft, signed in Tokio on 14 September 1963, of the Convention for the Suppression of the Illicit Capture of the Hague Both Contracting Parties shall comply with the safety provisions established by the International Civil Aviation Organization. In the case of incidents or threats of diversion or sabotage against aircraft, airports or air navigation facilities, the Contracting Parties shall assist in facilitating the communication of measures to put an end to such incidents or threats quickly and safely.
ARTICLE 11
Rates
1. In the following paragraphs, the term "tariff" means the prices to be paid for the carriage of passengers and goods, as well as the conditions for the application of such prices, including prices and conditions for the services of agencies and other auxiliary services, excluding remuneration and terms for the transport of mail;
2. The rates to be applied by the air carriers of a Contracting Party for their traffic to or from the territory of the other Contracting Party shall be fixed at reasonable rates, with due regard to all relevant assessment elements, including operating costs, reasonable benefit, and the rates of other air carriers;
3. The rates referred to in subsection (2) of this Article shall, if possible, be mutually agreed upon by the designated air carriers of the two Contracting Parties, after consultation with other air carriers serving all or part of the same road and such agreement shall, to the extent possible, be made in accordance with the procedure for the development of tariffs established by the International Air Transport Association;
4. The agreed rates will be subject to approval by the aeronautical authorities of the two Contracting Parties at least forty-five (45) days before the proposed date for their entry into force. In particular cases, this period may be reduced by the agreement of the authorities;
5. The above approval may be expressly given. If none of the aeronautical authorities have expressed their disagreement within thirty (30) days from the date of their submission, in accordance with subsection (4) of this Article, these tariffs shall be considered to be approved. If the deadline for submission is shortened, as set out in subsection (4), the aeronautical authorities may agree to reduce the time limit for disclosing their disagreement to less than thirty (30) days;
6. If a tariff cannot be fixed by mutual agreement in accordance with subsection (3) of this Article, or if, within the period applicable in accordance with subsection (5) of this Article, an aeronautical authority shall notify the other aeronautical authority that it is not satisfied with a tariff agreed in accordance with the provisions of subsection (3) of this Article, the aeronautical authorities of the two Contracting Parties shall try to fix the tariff by means of an agreement between them, after consultation with the aeronautical authorities
7. If aeronautical authorities cannot agree on a tariff that is subject to them under subsection (4) of this Article, or on a tariff that they should set under subsection (6) of this Article, the dispute shall be settled in accordance with the provisions of Article 16 of this Agreement;
8. A tariff established in accordance with the provisions of this Article shall remain in effect until a new tariff has been established. However, this paragraph does not permit to extend a rate of more than twelve months beyond the normal date of its expiry;
9. Without prejudice to the application of the provisions of the preceding paragraphs of this Article, designated air carriers are permitted to compete, on the sections of the services agreed upon 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 rates will not be less restrictive than those of the air carriers operating services under the third and fourth freedoms of air.
ARTICLE 12
Exchange of statistics
The aeronautical authorities of each Contracting Party shall ensure that their designated air carriers provide to the aeronautical authorities of the other Contracting Party, at their request, statistical, periodic or other records, which may normally be necessary to determine the capacity provided on the services agreed to by the designated air carriers of the Contracting Party referred first to in this Article. These records will contain all the information necessary to determine the volume of traffic carried by these air carriers on the agreed services, as well as the origin and destination of the traffic.
ARTICLE 13
Income transfer
1. Each of the Contracting Parties shall grant to the designated air carrier(s) of the other Contracting Party the right to transfer the excess income made in the territory of the first Contracting Party. Such transfers shall, however, be in accordance with the foreign exchange regulations of the Contracting Party in the territory of which the revenues have been made. These transfers will be made on the basis of official exchange rates, or in the absence of an official exchange rate, at rates in effect on the foreign exchange market for current payments on the day the transfer request was introduced by the designated air carrier of the other Party;
2. If a Contracting Party imposes restrictions on the transfer of surplus revenues by the designated air carriers of the other Contracting Party, the Contracting Party shall have the right to impose restrictions on the designated air carriers of the first Contracting Party in its turn;
3. The Contracting Parties agreed to invite the authorities concerned in both countries to enter into an agreement to avoid double taxation on revenues from the activities of their air carriers.
ARTICLE 14
Commercial activities
The air carriers designated by one of the Contracting Parties shall be authorized to assign and maintain employees and other officials in the territory of the other Contracting Party for the administration, technical services and operation of their air services in accordance with the laws and regulations of the other Contracting Party relating to access, stay and working conditions.
ARTICLE 15
Consultations
1. The aeronautical authorities of the Contracting Parties shall consult each other from time to time, in a spirit of close collaboration, in order to ensure the proper application and compliance of the provisions of this Agreement and the table annexed thereto, and shall also consult when necessary to make amendments thereto;
2. Any of the Contracting Parties may request a consultation, which may be done through discussions or correspondence, and shall begin within sixty (60) days of the date of receipt of the application, unless the Contracting Parties agree to extend or reduce this period.
ARTICLE 16
Settlement of disputes
1. If a dispute arises between the Contracting Parties concerning the interpretation or application of this Agreement, the Contracting Parties shall first endeavour to resolve it through negotiations;
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 body or, at the choice of either of the Contracting Parties, to the decision of a court composed of three arbitrators;
3. The arbitral tribunal shall be constituted as follows:
- Each Contracting Party shall appoint an arbitrator within sixty (60) days of the date on which one of them receives a request for arbitration from the other Contracting Party by diplomatic means;
- These two arbitrators agree to designate the third arbitrator within an additional period of sixty (60) days;
- The third arbitrator shall be a third-party national, shall act as President of the Tribunal 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 a 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 also be shared between Contracting Parties.
ARTICLE 17
Amendments
1. If either of the Contracting Parties wishes to amend any of the provisions of this Agreement, including the annexed table, it shall be done after consultation in accordance with Article (15) of this Agreement;
2. If the amendment relates to the provisions of the Agreement other than those of the annexed table, the amendment shall be approved by each Contracting Party in accordance with its constitutional procedures and shall enter into force on the date of the exchange of notes by diplomatic means;
3. If the amendment relates only to the provisions of the annexed table, it shall be concluded between the aeronautical authorities of the two Contracting Parties and shall enter into force from the date of approval by the aeronautical authorities.
ARTICLE 18
Multilateral conventions
This Agreement and its annexes will be amended to comply with any multilateral convention to bind Contracting Parties.
ARTICLE 19
Registration to the International Civil Aviation Organization
This Agreement and all subsequent amendments will be registered with the International Civil Aviation Organization.
ARTICLE 20
Denunciation
Either Contracting Party may, at any time, notify the other Contracting Party in writing by diplomatic means of its decision to denounce this Agreement; This notice will be sent simultaneously to the International Civil Aviation Organization. In this case, the Agreement shall terminate twelve (12) months after the date of receipt of the notice by the other Contracting Party, unless the notice of denunciation is withdrawn by mutual agreement before the expiry of that period. In the absence of an acknowledgement of receipt by the other Contracting Party, this notice shall be deemed to have been received fourteen (14) days after the receipt of the notice by the International Civil Aviation Organization.
ARTICLE 21
Annexes
Annexes to this Agreement shall be considered to be an integral part of the Agreement, and any reference to the Agreement shall include references to the Annexes, unless expressly provided otherwise.
ARTICLE 22
Effective date of this Agreement
This Agreement shall be approved in accordance with the constitutional procedures of the country of each Contracting Party and shall enter into force on the day of the exchange of diplomatic notes by the Contracting Parties.
This Agreement is drafted in two original Arabic and English copies, both equally authentic texts, each Party maintaining a copy for its application.
Done in Abu Dhabi on 5 March 1990.
Annex
CONTENTS
For the consultation of the table, see image
Table of roads I.
Routes on which the company or designated air carriers of Belgium can/can operate air services:
Notes
For the consultation of the table, see image
1. Intermediate points and beyond on one of the specified routes may be omitted on any or all flights at the convenience of the designated air carrier(s);
2. Intermediate points and beyond on one of the specified routes shall not necessarily be served in the order in which they have been specified, provided that the services are insured on a reasonably direct route;
3. Each designated air carrier may terminate any of its services agreed on in the territory of the other Contracting Party;
4. Each designated air carrier may serve points not mentioned provided that traffic rights are not exercised between these points and the territory of the other Contracting Party.
Road table II
Routes on which the designated air carrier or air carriers of the United Arab Emirates may/or may operate air services:
Notes
1. Intermediate points and beyond on one of the specified routes may be omitted on any or all flights at the convenience of the designated air carrier(s);
2. Intermediate points and beyond on one of the specified routes shall not necessarily be served in the order in which they have been specified, provided that the services are insured on a reasonably direct route;
3. Each designated air carrier may terminate any of its services agreed on in the territory of the other Contracting Party;
4. Each designated air carrier may serve points not mentioned provided that traffic rights are not exercised between these points and the territory of the other Contracting Party.

AGREEMENT BETWEEN THE GOVERNMENT OF THE KINGDOM OF BELGIUM AND THE GOVERNMENT OF THE UNITED ARAB EMIRATES FOR THE PURPOSE OF ESTABLISHING AIR SERVICES BETWEEN AND BEYOND THEIR RESPECTIVE TERRITORIES
The Government of the Kingdom of Belgium
and
The Government of the United Arab Emirates
Being Parties to the Convention on International Civil Aviation opened for signature at Chicago on the seventh day of December 1944.
Desiring to conclude an Agreement, supplementary to the said Convention, for the purpose of establishing air services between and beyond their respective territories.
Have agreed as follows:
ARTICLE 1
Definitions
For the purpose of this Agreement, unless the context otherwise requires
1. the term "Convention" means the Convention on International Civil Aviation opened for signature at Chicago on the seventh day of December, 1944 and includes any annex adopted under Article 90 of that Convention and any amendment of the Annexes or Convention under Articles 90 and 94 thereof, so far as those Annexes and Amendments have become effective for or been ratified by both Contracting Parties;
2. the term "aeronautical authorities" means in the case
of the United Arab Emirates the Minister of Communications and any person or body authorised to perform any functions at present exercisable by the Minister in respect of civil Aviation and in the case of the Kingdom of Belgium, the Ministry of Communications and any person or body authorised to perform any functions exercised by the said Ministry of Communications in respect of this Agreement;
3. the term "designated airline" means an airline or airlines which have been designated and authorised in accordance with Article 4 of this Agreement;
4. the term "territory" in relation to State has the meaning assigned to it in Article 2 of the Convention;
5. the terms "air service", "international air service", "airline!" and "stop for non-traffic purposes" have the meanings respectively assigned to them in Article 96 of the Convention.
ARTICLE 2
Applicability of Chicago Convention
The provisions of this Agreement shall be subject to the provisions of the Convention insofar as those provisions are applicable to international air services.
ARTICLE 3
Traffic rights
1. Each Contracting Party grants to the other Contracting Party the following rights in respect of its scheduled international air services:
a) the right to fly across its territory without landing;
b) the right to make stops in its territory for non-traffic purposes.
2. Each Contracting Party grants to the other Contracting Party the rights specified in this Agreement for the purpose of establishing scheduled-international air services on the roads specified in the appropriate Section of the Schedule/Schedules annexed to this Agreement. Such services and roads are hereafter called "the agreed services"and "the specified roads" respectively.
While operating an agreed service on a specified route the airlines designated by each Contracting Party shall enjoy in addition to the rights specified in paragraph 1 of this Article the right to make stops in the territory of the other Contracting Party at the points specified for that route in the Schedule to this Agreement for the purpose of taking on board and discharging passengers, cargo and mail, separately or in combination.
3. Nothing in paragraph (2) of this Article shall be deemed to confer on the airline of one contracting Party the privilege of taking on board, in the territory of the other Contracting Party, passengers, cargo, and mail carried for hire reward or destined for another point in the territory of the other Contracting Party.
ARTICLE 4
Designation of airlines
1. Each Contracting Party shall have the right to designate in writing to the other Contracting Party one or more airlines for the purpose of operating the agreed services on the specified routes.
2. on receipt of such designation, the other Contracting Party shall, subject to the provisions of paragraphs (3) and (4) of this Article, without delay grant to the airline(s) designated the appropriate operating authorisation.
3. The aeronautical authorities of one Contracting Party may require the airline designated by the other Contracting Party to satisfy them that it is qualified to fulfill the conditions prescribed under the laws and regulations normally and reasonably applied to the operation of international air services by such authorities in accordance with the provisions of the Convention.
4. Each Contracting Party shall have the right to refuse to grant the operating authorisation referred to in paragraph (2) of this Article, or to impose such conditions as it may deem necessary on the exercise by the designated airline(s) of the rights specified in Article 3 of this Agreement, in any case where the said Contracting Party is not satisfied that substantial ownership and effective control of that airline(s) are jacketd in the Contracting Party designating the airline or its nationals.
5. When an airline has been so designated and authorised, it may begin at any time to operate the agreed services, provided that tariff/tariffs established in accordance with Article 11 of this Agreement is/are in force in respect of this service.
ARTICLE 5
Revocation or suspension of operating authorisation
1. Each Contracting Party shall have the right to revoke an operating authorisation or to suspend the exercise of the rights specified in Article 3 of this Agreement by the airline designated by the other Contracting Party, or to impose such conditions as it may deem necessary on the exercise of these rights in any of the following cases:
a) in any case where it is not satisfied that substantial ownership and effective control of that airline(s) are jacketd in the Contracting Party designating the airline(s) or in its nationals;
b) in the case of failure by that airline(s) to comply with the laws or regulations of the Contracting Party granting these rights;
c) in case the airline(s) otherwise fails to operate in accordance with the conditions prescribed under this Agreement.
2. Unless immediate revocation, suspension or imposition of the conditions mentioned in paragraph (1) of this Article is essential to prevent further infringements of laws or regulations, such right shall be exercised only after consultation with the other Contracting Party in conformity with Article 15 of this Agreement.
ARTICLE 6
Exemption from customs and other duties
1. Aircraft operated on international air services by the designated airline(s) of either Contracting Party, as well as their regular equipment, supplies of fuels and lubricants, and aircrafts stores (including food, beverages and tobacco) on board such aircraft shall be exempt from all customs duties, inspection fees and other national or overloads on arriving in the territory of the other Contracting Party, provided such equipment and supplies remain on board the territory performed on such time as they are performed
2. There shall also be exemption from the same duties, fees and charges with the exception of charges corresponding to the service performed :
a) aircraft stores taken on board in the territory of a Contracting Party, within limits fixed by the authorities of said Contracting Party, and for use on board outbound aircraft engaged in an international air service of the other Contracting Party;
b) spare parts entered into the territory of either Contracting Party for the maintenance or repair of aircraft used on international air services by the designated airlines of the other Contracting Party;
c) fuel and lubricants supplied in the territory of a Contracting Party to an outbound aircraft of a designated airline of the other Contracting Party engaged in a international air service, even when these supplies are to be used on the part of the journey performed over the territory of the Contracting Party in which they are taken on board.
Materials referred to in sub-paragraphs (a), (b) and (c) above may be required to be kept under Customs supervision or control.
3. Regular airborne equipment, as well as the materials and supplies retained on board the aircraft of either Contracting Party, may be unloaded in the territory of the other Contracting Party only with the approval of the Customs authorities of that territory. In such case, they may be placed under the supervision of the said authorities up to such time as they are re-exported or otherwise disposed of in accordance with Customs Regulations.
4. Any charges that may be imposed or permitted to be imposed by a Contracting State for the use of such airports and air navigation facilities by the aircraft of any other Contracting State shall not be higher than those that would be paid by its national aircraft engaged in scheduled international air services.
ARTICLE 7
Applicability of national legislation
1. The laws and regulations of a Contracting State as to the admission to or departure from its territory of passengers, crew, cargo or mail, such as regulations relating to entry, clearance, immigration, passports, customs, currency, health and quarantine shall be complied with by or on
behalf of such passengers, crew, cargo or mail upon entrance into or departure from, or while within the territory of that State.
2. The laws and regulations of a Contracting State relating to the admission to ordeparture from its territory of aircraft engaged in international air navigation, or to the operation and navigation of such aircraft of the other Contracting State while within its territory shall be applied.
3. The appropriate authorities of a Contracting State shall have the right, without unreasonable delay, to search aircraft of the other Contracting State on landing or departure, and to inspect the certificates and other documents prescribed by this Convention.
ARTICLE 8
Principles governing operation of agreed services
1. There shall be fair and equal opportunity for the designated airlines of each Contracting Party to operate the agreed services on the specified routes between and beyond their respective territories.
2. In operating the agreed services, the designated airlines of each Contracting Party shall take into account the interests of the designated airlines of the other Contracting Party so as not to affect unduly the services, which the latter provide on the whole or part of the same roads.
3. The agreed services provided by the designated airlines of the Contracting Parties shall bear close relationship to the requirements of the public for transportation on the specified roads and shall have as their primary objective the provision, at a reasonable load factor, of capacity adequate to carry the current and reasonably anticipated requirements for the carriage of passengers and cargo including mail originating from or destined for the territory of the Contracting Party which has designated the airline(s). Provision for the carriage of passengers and cargo including mail both taken on board and discharged at points on the specified routes in the territories of States other than that designating the airline(s) shall be made in accordance with the general principles that capacity shall be related to:
a) traffic requirements to and from the territory of the Contracting Party which has designated the airline(s);
b) traffic requirements of the area through which the agreed service passes, after taking account of other transport services established by airlines of the States comprising the area; and
(c) the requirements of through airline operation.
ARTICLE 9
Provision of operating information
1. The designated airline(s) of a Contracting Party shall provide for approval to the aeronautical authorities of the other Contracting Party as long in advance as practicable prior to the inauguration of the agreed services, flight schedules including information on the type of aircraft to be used.
2. The requirements of this Article shall likewise apply to any change concerning the agreed services.
ARTICLE 10
Aviation security
The Contracting Parties agree to provide maximum aid to each other to prevent hijackings and sabotage to aviation security or airports and air navigation facilities, and undertake to observe provisions of Convention on offences and certain other acts committed on board aircraft, done at Tokyo on 14th September, 1963, and Convention for the Suppression of Unlawful Seizure of Aircraft, done at the Hague on 16th December, 1970, and Convention for the Suppression of Unlawful Civil Acts against the Safety at the
The two Contracting Parties shall have regard to security provisions established by the International Civil Aviation Organisation. When incidents or threats of hijacking or sabotage against aircraft, airports or air navigation facilities occur, the Contracting Parties shall assist each other by facilitating the communication of measures intended to terminate such incidents or threats rapidly and safely.
ARTICLE 11
Tariffs
1. For the purpose of the following paragraphs, the term "tariff" means the prices to be paid for the carriage of passengers and cargo and the conditions under which those prices apply, including prices and conditions for agency and other auxiliary services but excluding remuneration and conditions for the carriage of mail.
2. The tariffs to be charged by the airlines of one Contracting Party for carriage to or from the territory of the other Contracting Party shall be established at reasonable levels, due regard being paid to all relevant factors, including cost of operation, reasonable profit, and the tariffs of other airlines.
3. The tariffs referred to in paragraph (2) of this Article shall, if possible, be agreed by the designated airlines concerned 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 the use of the procedure of the International Air Transport Association for the working out of tarrifs.
4. The tariffs so agreed shall be submitted for the approval of the aeronautical authorities of both Contracting Parties at least forty-five (45) days before the proposed date of their introduction. In special cases, this period may be reduced, subject to the agreement of the said authorities.
5. This approval may be given expressly; if neither of the aeronautical authorities has expressed disapproval within thirty (30) days from the date of submission, in accor dance with paragraph (4) of this Article, these tariffs shall be considered as approved. In the event of the period for submission being reduced, as provided for in paragraph (4), the aeronautical authorities may agree that the period within which any disapproval must be notified shall be less than thirty (30) days.
6. If a tariff cannot be agreed in accordance with paragraph (3) of this Article, or if, during the period applicable in accordance with paragraph (5) of this Article, one aeronautical authority gives the other aeronautical authority notice of its disapproval of a tariff agreed in accordance with the provisions of paragraph (3) of this Article, the aeronautical authorities of the two Contracting Parties shall, after Consultation with the aeronautical authorities of any other State, whose advise they consider useful
7. If the aeronautical authorities cannot agree on any tariff submitted to them under paragraph (4) of this Article, or on the determination of any tariff under paragraph (6) of this Article, the dispute shall be settled in accordance with the provisions of Article (16) of this Agreement.
8. A tariff established in accordance with provisions of this Article shall remain in force until a new tariff has been established. Nevertheless, a tariff shall not be prolonged by virtue of this paragraph for more than twelve months after the date on which it would otherwise have expired.
9. Without prejudice to the application of the provisions of the preceding paragraphs of this article, 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 be lower and the tariff conditions shall not be less restrictive than those of the said third and fourth freedom airlines.
ARTICLE 12
Provision of statistics
The aeronautical authorities of a Contracting Party shall cause its designated airlines to provide to the aeronautical authorities of the other Contracting Party at their request such periodic or other statements of statistics as may be reasonably required for the purpose of reviewing the capacity provided on the agreed services by the designated airlines of the Contracting Party referred to first in this Article. Such statements shall include all information required to determine the amount of traffic carried by those airlines on the agreed services and the origins and destinations of such traffic.
ARTICLE 13
Transfer of earnings
1. Each Contracting Party shall grant to the designated airlines) of the other Contracting Party, the right of transfer of the excess of receipts over expenditure earned in the territory of respective Contracting Party. Such remittances, however, shall be made in accordance with the foreign exchange regulations of the Contracting Party in the territory of which the revenue increased. Such transfer shall be effected on the basis of official exchange rates or where there are no official exchange rates, at the prevailing foreign exchange rates for current payment, applicable on the day of the introduction of the request for transfer by the airline designated by the other Contracting Party.
2. If a Contracting Party imposes restrictions on the transfer of excess of receipts over expenditure by the designated airlines of the other Contracting Party, the latter shall have the right to impose reciprocal restrictions on the designated airlines of the First Contracting Party.
3. The Contracting Parties have agreed to request the concerned authorities in both countries to conclude an agreement for the avoidance of Double Taxation on reve nues arising from the activities of their airlines.
ARTICLE 14
Commercial activities
The designated airlines of one Contracting Party shall be permitted to bring and maintain in the territory of the other Contracting Party, employees and other responsible personnel for the administration, technical and operations of their air services activities in accordance with their entry, residence, and employment rules and regulations of the other Contracting Party.
ARTICLE 15
Consultation
1. In a spirit of close co-operation, the aeronautical authorities of the Contracting Parties shall consult each other from time to time with a view to ensuring the implementation of, and satisfactory compliance with, the provisions of this Agreement and the annexd Schedule and shall consult when necessary to provide for modifications thereof.
2. Either Contracting Party may request consultation, which may be either oral or in writing and shall begin within a period of sixty (.60) days of the date of receipt of the request, unless both Contracting Parties agree to an extension or reduction of this period.
ARTICLE 16
Settlement of disputes
1. If any dispute arises between the Contracting Parties relating to the interpretation or application of this Agreement, the Contracting Parties shall in the first place endeavour to settle it by negociation.
2. If the Contracting Parties fail to reach a settlement by negociation, they may agree to refer the dispute for decision to some person or body, or either Contracting Party may submit the dispute for decision to a Tribunal of three arbitrators.
3. The arbitral tribunal shall be constituted as follows:
- Each of the Contracting Parties shall nominate an arbitrator within a period of sixty (60) days from the date of receipt, by one Contracting Party, through diplomatic channels, of a request for arbitration from the other Contracting Party.
- These two arbitrators shall by agreement appoint a third arbitrator within a further period of sixty (60)days.
- The third arbitrator shall be an national of a third State, shall act as President of the Tribunal and shall determine the place where arbitration will be held.
- If either of the Contracting Parties fails to nominate an arbitrator within the period specified, or if the third arbitrator is not appointed within the period specified, the President of the Council of the International Civil Aviation Organization may be requested by either Contracting Party to appoint an arbitrator or arbitrators as the case requires.
4. The Contracting Parties to undertake to comply with any decision or award given under paragraphs 2 and 3 of this article.
If either Contracting Party fails to comply with such decision, the other Contracting Party shall have grounds for the application of article 5 of this Agreement.
5. The expenses of the Arbitral Tribunal shall be shared. equally between the Contracting Parties.
ARTICLE 17
Amendment
1. If either of the Contracting Parties desires to modify any provision of this agreement including the annexd schedule, it should be after consultation in accordance with Article (15) of this Agreement.
2. If the amendment relates to the provisions of the agreement other than those of the annexed schedule, the amendment shall be approved by each Contracting Party in accordance with its constitutional procedures and shall come into effect on the date of the exchange of notes through the diplomatic channels.
3. If the amendment relates only to the provisions of the annexd Schedule, it shall be agreed upon between the aeronautical authorities of both Contracting Parties and would be effective from the date of the approval of the aeronautical authorities.
ARTICLE 18
Multilateral conventions
This Agreement and its Annexes will be amended so as to conform with any multilateral convention which may become binding upon the Contracting Parties.
ARTICLE 19
Registration with the International Civil Aviation Organisation
This Agreement and any subsequent amendments shall be registered with the International Civil Aviation Organisation.
ARTICLE 20
Termination
Either Contracting Party may at any time give notice in writing through diplomatic channels to the other Contracting Party of its decision to terminate this Agreement; such notice shall be communicated simultaneously to the International Civil Aviation Organisation. In such case the Agreement shall terminate twelve (12) months after the date of receipt of the notice by the other Contracting Party unless the notice to terminate is withdrawn by agreement before the expiry of this period. In the absence of acknowledgement of receipt by the other Contracting Party, notice shall be deemed to have been received fourteen (14) days after the receipt of the notice by the International Civil Aviation Organisation.
ARTICLE 21
Annexes
Annexes to the present Agreement shall be deemed to be
part of the Agreement and all references to it shall include reference to the Annexes, except where otherwise expressly provided.
ARTICLE 22
Date of entry into force of the Agreement
This Agreement shall be approved according to the Constitutional requirements in the country of each Contracting Party and shall come into force on the day of an Exchange of Diplomatic Notes by the Contracting Parties.
This Agreement is drawn in two originals in Arabic and English languages, both texts being equally authentic and each Party retains one copy for implementation.
Done at Abu Dhabi, this 5th March 1990.
For the Government of the Kingdom of Belgium,
For the Government of the United Arab Emirates,

ROUTE SCHEDULES
Route Schedule I
Routes on which air services may be operated by the designated airline(s) of Belgium.
For the consultation of the table, see image
Notes
1. Intermediate and beyond points on any of the specified routes may, at the option of the designated airline(s), be omitted on any or all flights.
2. Intermediate and beyond points on any of the specified roads need not necessary be served in the order in which they are specified, provided that the service in question is flown on a reasonably direct route.
3. Each designated airline(s) may terminate any of its agreed services in the territory of the other Contracting Party. 4. Each designated airline(s) may serve points not mentioned on condition that no traffic rights are exercised between these points and the territory of the other Contracting Party.
Route Schedule II
Routes on which air services may be operated by the designated airline(s) of the United Arab Emirates.
For the consultation of the table, see image