15 MARCH 2002. - Act enacting the Agreement between the Government of the Kingdom of Belgium and the Government of the Russian Federation on Air Transport and the Annex signed in Brussels on 8 December 1993 (1)

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 Russian Federation on Air Transport and the Annex, signed in Brussels on 8 December 1993, will come out its full and complete effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 15 March 2002.
ALBERT
By the King:
Minister of Foreign Affairs,
L. MICHEL
Minister of Mobility and Transport
Ms. I. DURANT
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Notes
(1) Session 2000-2001.
Senate.
Documents. - Bill tabled on 30 August 2001, No. 2-892/1.
Session 2001-2002.
Report, no. 2-892/2.
Session 2000-2001.
Annales parliamentarians. - Discussion, meeting of 29 November 2001. - Vote, meeting of 29 November 2001.
Session 2001-2002.
House of Representatives.
Documents. - Project transmitted by the Senate, No. 50-1533/1. - Text adopted in plenary and subject to Royal Assent, No. 50-1533/2.
Annales parliamentarians. - Discussion, meeting of December 18, 2001. - Vote, meeting of 20 December 2001.
(2) Pursuant to Article 21 of the Agreement, the Agreement comes into force on April 17, 2002.

AGREEMENT BETWEEN THE GOVERNMENT OF BELGIUM AND RUSSIAN FEDERATION RELATING TO THE AERIAN TRANSPORT
The Government of the Kingdom of Belgium
and
the Government of the Russian Federation,
referred to as "contracting Parties";
Parties to the Convention on International Civil Aviation, opened for signature in Chicago on 7 December 1944;
Desiring to conclude an agreement to establish air services between their respective territories and beyond,
The following agreed:
ARTICLE 1^er
1. For the purposes of this Agreement:
(a) the term "aeronautical authorities" means, in the case of the Russian Federation, the Ministry of Transport represented by the Air Transport Authority or any person or agency authorized to perform all the functions currently performed by the said Ministry, and in the case of the Kingdom of Belgium, the Ministry of Communications or any person or agency authorized to perform all the functions currently performed by the said Ministry;
(b) the term "designated air carrier" means an air carrier that has been designated and authorized in accordance with Article 4 of this Agreement;
(c) the term "territory", in relation to a State, means land zones, territorial and internal waters and air space above those under the sovereignty of that State;
(d) the term "Convention" means the Convention on International Civil Aviation, opened for signature in Chicago on 7 December 1944, and includes any Annex and amendment of the Annexes adopted under Article 90 of the Convention, to the extent that the said Annex and the said Amendment are applicable to Contracting Parties, as well as any amendment of the Convention adopted under Article 94 of the Convention ratified by both the Russian Federation and the Russian Federation;
e) the terms "air service", "international air service", "air transport company" and "non-commercial port of call" have the meanings assigned to them, respectively, in Article 96 of the Convention.
2. The Annex will be considered to be an integral part of this Agreement.
ARTICLE 2
Each Contracting Party shall grant to the other Contracting Party the rights specified in this Agreement with a view to establishing international air services on the routes referred to in the Annex to this Agreement (hereinafter referred to as "agreed services" and "specified roads").
ARTICLE 3
1. In the operation of the services agreed on the specified road, the designated air carrier of each Contracting Party shall be entitled to:
(a) the right to overflight the territory of the other Contracting Party without landing;
(b) the right to conduct non-commercial stopovers on the said territory at the points specified in the Annex to this Agreement; and
(c) the right to make ports of call on the said territory at the points specified for the said road in the Annex to this Agreement, in order to board and disembark passengers, goods and mail, transported in international traffic.
2. Nothing in this Article shall be construed as conferring on the designated air carrier of a Contracting Party the right to ship passengers, goods and mail to carry them, in accordance with a lease contract or for compensation, between the points specified in the territory of the other Contracting Party.
3. Aircraft routes on agreed services and border crossing points will be established by each Contracting Party for its own territory.
4. All technical and commercial matters relating to the operation of aircraft and the transport of passengers, goods and mail on agreed services and matters relating to commercial cooperation, including schedules, frequency of flights, aircraft types, aircraft ground technical service and accounting procedures will be settled by arrangement between designated air carriers of Contracting Parties and submitted, if necessary, for approval by the aeronautical authorities of the Contracting Parties.
ARTICLE 4
1. Each Contracting Party shall have the right to designate by written notification to the other Contracting Party an air carrier (air transport companies) for the operation of the services agreed on the specified routes.
2. Upon receipt of such notification, the other Contracting Party shall promptly grant to each designated air carrier, subject to the provisions of paragraphs 3 and 4 of this Article, the appropriate operating authorizations.
3. Before granting the operating authorization, the aeronautical authorities of a Contracting Party may require that the air carrier designated by the other Contracting Party demonstrate that it is capable of meeting the conditions prescribed under the laws and regulations normally and reasonably applied by the said authorities to the operation of international air services.
4. Each Contracting Party shall have the right to refuse to grant the operating authorization referred to in paragraph 2 of this Article, or to subordinate the conditions it deems necessary for the exercise by the designated air carrier of the rights specified in Article 3 of this Agreement, whenever such Contracting Party shall not have proof that a substantial part of the property and the effective direction of the designated air carrier shall be
5. When an air carrier has been so designated and has been authorized to operate, it may begin to operate the agreed services for which it has been designated, provided that a tariff established in accordance with the provisions of Article 10 of this Agreement is in force for that service.
ARTICLE 5
1. Each Contracting Party shall have the right to revoke an operating authorization or to suspend the exercise, by an air carrier designated by the other Contracting Party, of the rights specified in Article 3 of this Agreement, or to subordinate the conditions it deems necessary for the exercise of these rights:
(a) whenever the said Contracting Party has not received evidence that a substantial portion of the property or the effective direction of the relevant air carrier are in the hands of the Contracting Party that has designated the air carrier or its nationals; or
(b) where such an air carrier does not comply with the laws or regulations of the Contracting Party which grant such rights; or
(c) where the air carrier otherwise fails to comply with the requirements of this Agreement.
2. Unless the use of revocation, suspension or conditions referred to in paragraph 1^er of this article shall be immediately necessary to avoid further violations of laws or regulations, such right shall be exercised only after consultation with the aeronautical authorities of the other Contracting Party. This consultation will begin within fifteen (15) days of the application date.
ARTICLE 6
1. The laws and regulations of one of the Contracting Parties governing on its territory the entry, stay or exit of aircraft assigned to international air navigation, as well as the operation and navigation of such aircraft during their presence within its territory, shall be applicable to aircraft of the air carrier designated by the other Contracting Party.
2. The laws and regulations of one of the Contracting Parties governing in its territory the entry, stay or exit of passengers, crews, goods or mail, such as the regulations relating to passports, customs, foreign exchanges and sanitary measures, shall apply to passengers, crews, goods or mail of aircraft of the air carrier designated by the other Contracting Party during their presence within that territory.
ARTICLE 7
1. Taxes and other charges for the use of each airport, including facilities, technical and other services, as well as any other charges for the use of air navigation equipment, services and communications equipment, shall be set in accordance with the rates and rates established by each Contracting Party.
2. Each Contracting Party shall encourage its competent taxing authorities and designated air carriers using facilities and services to be consulted, where possible, through organizations representing air carriers. Any changes to user fees will be subject to reasonable notice to allow users to express their views before the amendment is made.
ARTICLE 8
Passengers, baggage and goods in direct transit through the territory of a Contracting Party and not leaving the area of the airport reserved for this purpose will only be subject to simplified control. Baggage and goods in direct transit will be exempted from customs duties and other similar taxes.
ARTICLE 9
1. Designated air carriers of Contracting Parties shall enjoy equal and equitable opportunities for the operation of services agreed between their respective territories on specified routes.
2. In the operation of the agreed services, the designated air carrier of one of the Contracting Parties shall take into account the interests of the designated air carrier of the other Contracting Party, so as not to unduly affect the services that the latter provides on all or all of the same routes.
3. The agreed services provided by the designated air carriers of the Contracting Parties will be in close contact with the public transportation requirements on specified routes and each designated air carrier will 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 transport of passengers, goods and mail between their respective territories.
4. Air services provided by the air carrier designated under this Agreement shall be provided on the basis of the general principles that the capacity shall be adapted:
(a) the requirements of traffic between countries of origin and destination;
(b) the requirements of traffic in the region that the agreed services cross;
c) the requirements for long-haul air services.
ARTICLE 10
1. The rates applied for any agreed service will be established at reasonable rates, with due regard to all relevant assessment elements, including operating costs, reasonable benefit, the characteristics of the designated air carrier (such as speed and service standards) and the rates applied by other air carriers on any part of the specified road. These tariffs shall be fixed in accordance with the following provisions of this article.
2. The rates referred to in paragraph 1^er of this Article and the rates of representation commissions applied on the basis of these tariffs shall, if possible, with respect to each of the specified routes, be agreed between the designated air carriers concerned, in consultation with other air carriers operating all or part of the same road. The rates so agreed will be subject to approval by the aeronautical authorities of the Contracting Parties.
3. If the designated air carriers cannot agree on any of these tariffs or, for any other reason, no tariff may have been agreed in accordance with the provisions of paragraph 2 of this Article, the aeronautical authorities of the Contracting Parties shall endeavour to set the tariff by mutual agreement.
4. If the aeronautical authorities cannot agree on a tariff that has been submitted to them in accordance with paragraph 2 of this article, or on a tariff to be fixed in accordance with paragraph 3, the dispute shall be settled in accordance with the provisions of Article 17 of this Agreement.
5. No tariff will come into force if it has not been approved by the aeronautical authorities of each Contracting Party.
6. The rates established in accordance with the provisions of this section shall remain in effect until new rates have been established in accordance with the provisions of this section.
ARTICLE 11
1. Aircraft operated on the services agreed by the designated air transport company of one of the Contracting Parties, as well as their normal equipment, reserves of fuels and lubricants, the provisions on board that they carry (including foodstuffs, beverages and tobacco) shall, upon entry into the territory of the other Contracting Party, be exempted from all customs duties, charges and other similar taxes, provided that such aircraft are
2. Will also be exempted from these fees, fees and taxes, with the exception of taxes due to the services provided:
(a) on-board provisions on the territory of one of the Contracting Parties, within the limits established by the authorities of that Contracting Party, and intended to be used on aircraft operated on the services agreed by the designated air carrier of the other Contracting Party;
(b) spare parts imported into the territory of one of the Contracting Parties for the maintenance or repair of aircraft assigned to the services agreed by the designated air carrier of the other Contracting Party;
(c) fuels and lubricants intended to be used for the operation of the services agreed upon by the aircraft of the designated air carrier of one of the Contracting Parties, even when such supplies are to be used on the road part carried out above the territory of the other Contracting Party on which they were boarded;
(d) advertising material, imported means of transport, necessary documents, office equipment, including computer systems used for reservations and communication equipment, as well as spare parts required for such equipment and means of transport, used by the designated air carrier of the other Contracting Party in the context of the operation of the agreed services.
3. It may be required that supplies referred to in paragraph 2 above be placed under customs surveillance or control.
4. Normal aircraft equipment and supplies, supplies and spare parts retained on board aircraft operated by the designated air carrier of one of the Contracting Parties shall not be discharged on the territory of the other Contracting Party except with the approval of the Customs authorities of that Contracting Party. In this case, they may be placed under the supervision of the said authorities until they are re-exported or have received another destination in accordance with the customs regulations.
ARTICLE 12
1. Each Contracting Party shall grant to the designated air carrier of the other Contracting Party the right to freely transfer the excess of the revenues realized by that undertaking in the operation of the agreed services.
2. Such transfers shall be in accordance with the provisions of the Agreement regulating financial matters between Contracting Parties. In the absence of such an agreement or relevant provisions, the transfer will take place in a large convertible currency at the official exchange rate, in accordance with the foreign exchange market regulations of the Contracting Parties.
ARTICLE 13
1. In order to ensure the operation of the agreed services, the designated air carrier of one of the Contracting Parties will be authorized to install representations on the territory of the other Contracting Party, as well as administrative, commercial and technical personnel required.
2. The above staff shall be made up of nationals of the Contracting Parties. The proportion of personnel recruited by each designated air carrier from its nationals will be agreed between the aeronautical authorities of the two Contracting Parties.
3. Designated air carriers of each Contracting Party shall be authorized to proceed, in accordance with the national laws and regulations of the other Contracting Party, to the sale of air tickets in their offices on the territory of the other Contracting Party and to designate duly authorized representatives.
ARTICLE 14
1. In accordance with their rights and obligations under international law, Contracting Parties reaffirm that their reciprocal obligations to protect the security of civil aviation against unlawful acts are an integral part of this Agreement. Without prejudice to their general rights and obligations under international law, Contracting Parties shall comply in particular with the provisions of the Convention on Offences and Certain Other Acts Committed on board Aircraft, signed in Tokyo on 14 September 1963, with the Convention for the Suppression of the Illicit Capture of Aircraft, signed in The Hague on 16 December 1970 and with the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed in Montreal on 23 September
2. The Contracting Parties shall lend each other, upon request, all necessary assistance to prevent any unlawful capture of civilian aircraft and any other unlawful act directed against the safety of such aircraft, passengers and crews, airports and air navigation facilities, as well as any other form of threat to civil aviation safety.
3. Contracting Parties shall comply with the aviation safety provisions and the technical requirements established by the International Civil Aviation Organization and included in the Annexes to the International Civil Aviation Convention, to the extent that these provisions and requirements apply to Contracting Parties; they will require operators of aircraft registered in their register or operators who have the main seat of their activity or permanent residence in their territory that they comply with the said aviation safety provisions.
4. Each Contracting Party agrees that such aircraft operators may be required to comply with the aviation safety provisions and the requirements referred to in paragraph 3 above and prescribed by the other Contracting Party for the entry into its territory or the exit of that territory or during the stay in its territory.
Each Contracting Party shall ensure that appropriate measures are effectively applied in its territory for the protection of aircraft and for the inspection of passengers, crews, their hand baggage, baggage, goods, and provisions on board before and during boarding or loading. Each Contracting Party shall also consider carefully any request that the other Contracting Party may make to it in order to obtain, in the face of a specific threat, reasonable special security measures.
5. Where an act of unlawful capture of civilian aircraft or any other unlawful act directed against the safety of such aircraft, passengers and crews, airports or air navigation facilities is committed, or that there is a threat of such an act, Contracting Parties will assist in facilitating communications and taking any other appropriate action to put an end to such acts or threats promptly and without risk.
ARTICLE 15
The aeronautical authorities of the Contracting Parties shall consult from time to time to ensure close collaboration in all matters relating to the application of this Agreement.
ARTICLE 16
Any dispute over the interpretation or application of this Agreement or its Annex shall be settled by direct negotiation between the aeronautical authorities of the two Contracting Parties. If these aeronautical authorities fail to reach an agreement, the dispute will be resolved through diplomatic channels.
ARTICLE 17
If either Contracting Party considers it desirable to amend the provisions of this Agreement and its Annex, it may request a consultation between the aeronautical authorities of the two Contracting Parties for the proposed amendment. This consultation shall begin within sixty (60) days from the date of the application, unless the aeronautical authorities of the Contracting Parties agree to extend this period. The amendments to the Agreement will come into force after being confirmed by a diplomatic exchange of notes. Amendments to the Annex may be agreed between the aeronautical authorities of the Contracting Parties.
ARTICLE 18
This Agreement and any subsequent amendments thereto shall be registered with the International Civil Aviation Organization.
ARTICLE 19
1. This Agreement has been signed for an indefinite period.
2. Either Contracting Party may, at any time, notify the other Contracting Party through diplomatic channels of its decision to terminate this Agreement. The Agreement shall terminate, in such case, twelve (12) months after the date of receipt of the notification by the other Contracting Party, unless such notification is withdrawn by mutual agreement before the expiry of that period.
ARTICLE 20
As soon as this Agreement enters into force, the Agreement on Air Transport between the Government of the Kingdom of Belgium and the Government of the Union of Soviet Socialist Republics, signed on 5 June 1958, is revoked with regard to relations between the Russian Federation and the Kingdom of Belgium.
ARTICLE 21
This Agreement shall enter into force on the date of the last written notification, transmitted through diplomatic channels, confirming the performance by the Contracting Parties of their internal procedures necessary for the entry into force of this Agreement.
DONE in Brussels on 8 December 1993, in two original copies, each in Russian, French, Dutch and English, all texts being equally authentic. In the event of a discrepancy of interpretation, the English text will prevail.
For the Government of the Kingdom of Belgium:
W. CLAES,
Minister of Foreign Affairs.
For the Government of the Russian Federation:
A. KOZYREV,
Minister of Foreign Affairs.

Annex
CONTENTS
Section 1^er
Routes to be operated by the designated air transport company of the Russian Federation in both directions:
1.1 Points in the Russian Federation - intermediate points - one point in the Kingdom of Belgium
1.2 One point in Europe - one point in the Kingdom of Belgium - Moscow - Tokyo and Osaka - two points beyond in accordance with the particle arrangement between the aeronautical authorities
1.3 Points in the Russian Federation - intermediate points in Europe - one point in Belgium - points in Europe, Africa, Central America and the South
1.4 Points in the Kingdom of Belgium - Moscow - Beijing or Shanghai (*)
Section 2
Routes to be operated in both directions by the designated air transport company of the Kingdom of Belgium:
2.1 Points in the Kingdom of Belgium - intermediate points - two points in the Russian Federation
2.2 Points in the Kingdom of Belgium - Moscow - Tokyo and Osaka (*)
2.3 Points in the Kingdom of Belgium - Moscow - Beijing or Shanghai (*)
Notes:
(a) Intermediate points on roads 1.1 and 2.1 will be freely chosen by designated air carriers.
(b) The designated air carrier of the Russian Federation operating Highway 1.2 shall freely choose:
- a point in Europe chosen between the following points: Rome, Frankfurt, Madrid;
- two points beyond Tokyo Manila and another point that will be chosen later.
(c) The designated air carrier of the Russian Federation operating Highway 1.3 shall freely choose:
- two intermediate points in Europe between points in the Russian Federation and one point in Belgium;
- two points in Europe beyond Belgium, which will be chosen between the following points: Madrid, Barcelona, Marseille, Lisbon, Dublin, Shannon;
- six points beyond Belgium in Central and South America, which will be freely chosen between the following points: Mexico, Havana, Port of Spain, Lima, Bogota, Rio de Janeiro, Sao Paulo, Caracas, Quito or Guayaquil;
- four points beyond Belgium, which will be freely chosen between the following points: Dakar, Rabat or Casablanca, Freetown, Conakry, Monrovia, Douala, Kinshasa.
(d) Designated air carriers will be free to stop, on a flight or on all flights, at any of the intermediate points or points beyond, on the above routes and to serve them in any order.
(e) The right of the designated air carrier of one of the Contracting Parties to transport passengers, goods and mail between the points located in the territory of the other Contracting Party and the points located in the territory of third parties shall be the subject of an arrangement between the aeronautical authorities of the Contracting Parties.
(f) Frequencies and types of aircraft of designated air carriers will be agreed between the aeronautical authorities of the Contracting Parties.
(g) Nolized flights, additional flights and non-regular flights will be subject to a prior request by the designated air carrier; the said application must be introduced at least 48 hours before departure, excluding weekends and holidays.