8 MARCH 2002. - Act enacting the Agreement between the Government of the Kingdom of Belgium and the Government of Macau on Air Transport, and Annex, signed in Brussels on 16 November 1994 (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 Macau on Air Transport, and the Annex, signed in Brussels on 16 November 1994, 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 8 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
____
Note
(1) Session 2000-2001.
Senate.
Documents. - Bill tabled on 30 August 2001, No. 2-894/1.
Session 2001-2002.
Report, no. 2-894/2. - Text adopted by the Commission, No. 2-894/2.
Annales parliamentarians. - Discussion, meeting of October 18, 2001. - Voting, meeting of 18 October 2001.
House of Representatives.
Documents. - Project transmitted by the Senate, No. 50-1468/1. - Report, number 50-1486/1. - Text adopted in plenary and subject to Royal Assent, No. 50-1468/2.
Annales parliamentarians. - Discussion, meeting of December 18, 2001. - Vote, meeting of 20 December 2001.
(2) Pursuant to Article 22 of the Agreement, the Agreement comes into force on April 12, 2002.

AGREEMENT BETWEEN THE GOVERNMENT OF THE KINGDOM OF BELGIUM AND THE GOVERNMENT OF MACAU ON AIR TRANSPORT
THE GOVERNMENT OF THE KINGDOM OF BELGIUM AND THE GOVERNMENT OF MACAU
The Government of Macau, duly authorized by the competent sovereign institution of the Portuguese Republic and with the consent of the Government of the People's Republic of China, and The Government of the Kingdom of Belgium.
Desiring to conclude an agreement for the purpose of establishing air services between and beyond their respective areas;
Desiring to ensure the highest degree of safety and security in international air transport;
Have agreed as follows:
ARTICLE 1
Definitions
For the purpose of this Agreement, unless the context otherwise requires:
a) the term "Agreement" means this Agreement, the Annex attached thereto, and anty modifications to the Agreement or to the Annex;
b) the term "aeronautical authorities" means: in the case of Belgium, the Ministry of Communications and, in the case of Macau, The Civil Aviation Authority, or, in both cases, any other authority or person empowered to perform the functions now exercised by the said authorities;
c) the term "area" in relation to Macau includes the Macau Peninsula and the Taipa and Coloane Islands and in relation to Belgium has the meaning assigned to "Territory" in article 2 of the Convention on International Civil Aviation, opened for signature at Chicago, ot the seventh day of December, 1944;
d) the terms "air services", "international air services", "airline" and "stop for non -traffic purposes" have the meaning respectively assigned to them in Articles 2 and 96 of the said Convention;
e) the term "designated airline" means an airline which has been designated and authorized in accordance with Articles 4 and 5 of this Agreement;
(f) the term "agreed services" means scheduled air services on the roads specified in the Annex to this Agreement for the transport of passengers, cargo and mail, separately or in combination;
(g) the term "tariffs" means the prices to be paid for the carriage of passengers, baggage and cargo and the conditions under which those prices apply, including prices and conditions for agency and other ancillary services, but excluding remuneration and conditions for the carriage of mail;
h) the terms "aircraft equipment", "ground equipment", "aircraft stores", "spare parts" have the meanings respectively assigned to them in Annex 9 of the Convention referred to in Article 2.
ARTICLE 2
Provisions of the Chicago Convention Applicable to International Services
In implementing this Agreement, the Contracting Parties shall act in conformity with the provisions of the Convention on International Civil Aviation, opened for signature at Chicago on 7 December 1944, including the Annexes and any amendments on the Convention or to its Annexes which apply to both Contracting Parties, insofar as these provisions are applicable to international air services.
ARTICLE 3
Grant of Rights
1. Each Contracting Party grants to the other Contracting Party except as otherwise specified in the Annex the following rights for the conduct of international air, services by the airline designated by the other Contracting Party:
a) to fly without landing across the area of the other Contracting Party;
(b) to make stops in the said area for non-traffic purposes; and
c) to make stops in the said area for the purpose of taking up and discharging, while operating the roads specified in the Annex, international traffic in passengers, cargo and mail, separately or in combination.
2. Nothing in paragraph 1 of this article shall be deemed to confer on a designated airline of one Contracting Party the privilege of taking up, in the area of the other Contracting Party, passengers, cargo and mail carried for remuneration or hire and destined for another point in the area of that other Contracting Party.
3. Nothing in paragraph 1 of this article shall be deemed to confer the designated airline of the Kingdom of Belgium the right to provide air transportation between Macau and Hong Kong, points in Taiwan and the mainland of China.
ARTICLE 4
Designation to Operate Services
1. Each Contracting party shall have the right to designate, by writing, through the appropriate channels, to the other Contracting Party, an airline to operate the agreed services on the roads specified in the Annex for such a Contracting Party.
2. Each Contracting Party shall have the right to withdraw, by writing, through the appropriate channels, to the other Contracting Party, the designation of any airline and to designate another one.
ARTICLE 5
Authorization to Operate Services
1. Following receipt of a notice of designation by one Contracting Party pursuant to Article 4 of this Agreement, the aeronautical authorities of the other Contracting Party shall, consistent with its laws and regulations, grant without delay to the airline so designated the appropriate authorizations to operate the agreed services for which that airline has been designated.
2. Upon receipt of such authorizations the airline may begin at any time to operate the agreed services, in whole or in part, provided that the airline complies with the applicable provisions of this Agreement and that tariffs are established in accordance with the provisions of Article 13 of this Agreement.
ARTICLE 6
Revocation or Suspension of Operating Authorization
1. The aeronautical authorities of each Contracting Party shall have the right to withhold the authorizations referred to in Article 5 with respect to an airline designated by the other Contracting Party, to revoke or suspend such authorization or impose conditions, temporarily or permanently:
a) in the event of failure by such airline to satisfy them that it is qualified to fulfill the conditions prescribed under the laws and regulations normally and reasonably applied to the operation of international air services by these authorities in conformity with the Convention;
b) in the event of failure by such airline to operate in accordance with the conditions prescribed under this Agreement;
c) in the event of failure by such airline to comply with the laws and regulations of that Contracting Party;
d) in the event that they are not satisfied that that airline is incorporated and has its main place of business in the other Party's area.
2. Unless immediate action is essential to prevent infringement of the laws and regulations referred to above, the rights enumerated in paragraph 1 of this article shall be exercised only after consultations with the aeronautical authorities of the other Contracting Party in conformity with Article 17 of this Agreement.
ARTICLE 7
Application of Laws and Regulations
1. The laws and regulations of one Contracting Party relating to the admission to, remaining in, or departure from its area of aircraft engaged in international air navigation or to the operation and navigation of such aircraft shall be complied with by the designated airline of the other Contracting Party upon entrance into, departure from and while within the said area.
2. The laws and regulations of one Contracting Party respecting entry, clearance, transit, immigration, passports, customs, currency, sanitary requirements and quarantine shall be complied with by the designated airline of the other Contracting Party and by or on behalf of its crews, passengers, cargo and mail upon transit of admission to, departure from and while within the area of such Contracting Party.
Passengers in transit across the area of either Contracting Party shall be subject to no more than a simplified control.
3. Neither of the Contracting Parties shall give preference to its own or any other airline over an airline engaged in similar international air services of the other Contracting Party in the application of its regulations specified in paragraphs 1 and 2 of this article or in the use of airports, airways, air traffic services and associated facilities under its control.
ARTICLE 8
Certificates and Licences
1. Certificates of airworthiness, certificates of competency and licences issued or rendered valid by one Contracting Party and still in force, shall be recognized as valid by the other Contracting Party for the purpose of operating the agreed services on the roads specified in the Annex, provided that such certificates or licences were issued or rendered valid pursuant to, and in conformity with, the standards established under the Convention.
Each Contracting Party reserves the right, however, to refuse to recognize, for the purpose of flights above its own area, certificates of competency and licences granted to its own nationals in the case of Belgium or its own residents in the case of Macau by the other Contracting Party.
2. If the certificates or licences referred to in paragraph 1 of this article were issued or rendered valid according to requirements different from the standards established under the Chicago Convention, and if such difference has been filed with the International Civil Aviation Organization, the aeronautical authorities of the other Contracting Party may request consultations in accordance with Article 17 of this Agreement with a view to satisfying themselves that the requirements in question are acceptable to them.
Failure to reach a satisfactory agreement in matters regarding flight safety will constitute grounds for the application of Article 6 of this Agreement.
ARTICLE 9
Aviation Security
1. The Contracting Parties reaffirm that their obligation to protect, in their mutual relationship, the security of civil aviation against acts of unlawful interference forms an integral part of this Agreement.
2. The Contracting Parties shall provide upon request all necessary assistance to each other to prevent acts of unlawful seizure of aircraft and other unlawful acts against the safety of passengers, crew, aircraft, airports and air navigation facilities and any other threat to aviation security.
3. The Contracting Parties shall act in conformity with the provisions of the Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft signed at The Hague on 16 December 1970 and the Convention for the Suppression of Acts against the Safety of Civil Aviation, signed at Montreal on 23 September 1971.
4. The Contracting Parties shall, in their mutual relations, act in conformity with the aviation security provisions established by the International Civil Aviation Organization and designated as annexes to the Convention on International Civil Aviation to the extent that such security provisions are applicable to the Parties; they shall require that operators of aircraft of their registry or operators who have their principal place of business or permanent residence in their area and the operators of airports in their area act in conformity with such aviation security provisions.
5. Each Contracting Party agrees to observe the security provisions required by the other Contracting Party for entry into the area of that other Contracting Party and to take adequate measures to inspect passengers, crew, their carry-on items as well as cargo prior to boarding or loading. Each Contracting Party shall also give positive consideration to any request from the other Contracting Party for special security measures for its aircraft or passengers to meet a particular threat.
6. When an incident or threat of an incident of unlawful seizure of aircraft or other unlawful acts against the safety of passengers, crew, aircraft, airports and air navigation facilities occurs, the Contracting Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely such incident or threat thereof.
7. Should a Contracting Party depart from the aviation security provisions of this article, the aeronautical authorities of the other Contracting Party may request immediate consultations with the aeronautical authorities of that Party. Failure to reach a satisfactory agreement within thirty (30) days will constitute grounds for application of Article 6 of this Agreement.
ARTICLE 10
User Charges
1. The charges imposed in the area of one Contracting Party on the designated airline of the other Contracting Party for the use of airports and other aviation facilities by the aircrafts of the designated airline of the other Contracting Party shall not be higher than those imposed on a first Contracting Party's own airline engaged in similar international services.
2. Each Contracting Party shall encourage consultations between its competent charging authorities and the designated airline using the facilities and services, where practicable, through the airlines' representative organizations. Reasonable notice should be given of any proposal for charges in user charges to enable them to express their views before changes are made.
ARTICLE 11
Customs and Excise
1. Each Contracting Party shall, on the basis of reciprocity, exempt the designated airline of the other Contracting Party from import restrictions, customs duties, excise taxes, inspection fees and other duties and charges on aircraft, fuel, lubricating oils, consumable technical supplies, spare parts including engines, regular aircraft equipment, ground equipment, aircraft stores and other items intended for use solely in connection with the operation or servicing of aircraft of the designated airline of such other Contracting Party distributed
2. The exemptions granted by this article shall apply to the items referred to in paragraph 1 of this article, whether or not such items are used or consumed wholly within the area of the Contracting Party granting the exemption, provided such items are:
a) introduced into the area of one Contracting Party by or on behalf of the designated airline of the other Contracting Party, but not alienated in the area of the said Contracting Party;
(b) retained on board aircraft of the designated airline of one Contracting Party upon arriving in or leaving the area of the other Contracting Party;
c) taken on board aircraft of the designated airline of one Contracting Party in the area of the other Contracting Party and, intended for use in operating the agreed services.
3. The regular airborne equipment, the ground equipment, as well as the materials and supplies normally retained on board the aircraft of the designated airline of either Contracting Party, may be unloaded in the area of the other Contracting Party only with the approval of the Customs authorities of that area. 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. Baggage and cargo in direct transit shall be exempt from customs duties and other taxes.
5. The exemptions provided for by this article shall also be available where the designated airline of one Contracting Party has contracted with another airline, which similarly enjoys such exemptions from the other Contracting Party, for the loan or transfer in the area of the other Contracting Party of the items specified in paragraph 1 of this article.
ARTICLE 12
Capacity
1. There shall be fair and equal opportunity for the designated airline of each Contracting Party to operate the agreed services between and beyond their respective areas on the roads specified in the Annex to this Agreement.
2. In operating the agreed services, the designated airline of each Contracting Party shall take into account the interest of the designated airline of the other Contracting Party so as not to affect unduly the services which the latter provides on the whole or part of the same route.
3. The agreed services provided by the designated airlines of the Contracting Parties shall bear reasonable relationship to the requirements of the public for transportation on the specified roads and shall have as their primary objective the provision, at a reasonable load factor, of capacity adequate to meet the current and reasonably anticipated requirements for the carriage of passengers, cargo and mail between the area of the Contracting Party which has designated the airline and the areas of ultimate destination of the traffic.
4. The designated airlines shall, not later than 30 days prior to the date of operation of any agreed service, submit for approval their proposed flight programs to the aeronautical authorities of both Contracting Parties. Said flight programs shall include i.a. the type of service, the type of aircraft to be used, the frequencies and the flight schedules.
This shall likewise apply to later changes.
In special cases this time limit may be reduced, subject to the consent of the said authorities.
ARTICLE 13
Tariffs
1. The Contracting Parties shall allow that a tariff on one of the roads as specified in the annex be established by each of the designated airlines if possible after consultation between those airlines.
2. The tariffs for carriage on agreed services to and from the area of the other Contracting Party shall be established at reasonable levels, due regard being paid to all relevant factors including cost of operation, reasonable profit, characteristics of service, the interest of users and, where it is deemed suitable, the tariffs of other airlines over all or part of the same route.
3. The tariffs shall be submitted to and received by 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 affect on the date stated in the proposed tariff.
In the event that a shorter period for the submission of a tariff is accepted by the aeronautical authorities, they may also agree that the period for giving notice of dissatisfaction be less than thirty (30) days.
4. If a notice of dissatisfaction has been filed in accordance with paragraph 3 of this article, the aeronautical authorities of the Contracting Parties shall hold consultations in accordance with Article 17 of this Agreement and endeavour to determine the tariff by agreement between themselves.
5. If the aeronautical authorities cannot agree on any tariff submitted to them under paragraph 3 of this article or on the determination of any tariff under paragraph 4 of this article, the dispute shall be settled in accordance with the provisions of article 18 of this Agreement.
6. If the aeronautical authorities of one of the Contracting Parties become dissatisfied with an established tariff, they shall so notify the aeronautical authorities of the other Contracting Party and the designated airlines shall attempt, where required, to reach an agreement.
If within the period of ninety (90) days from the date of receipt of a notice of dissatisfaction, a new tariff cannot be established, the procedures as set out in paragraphs 4 and 5 of this article shall apply.
7. When tariffs have been established in accordance with the provisions of this article, those tariffs shall remain in force until new tariffs have been established in accordance with the provisions of this article or Article 18 of this Agreement.
8. No tariff shall come into force if the aeronautical authorities of either Contracting Party are dissatisfied with it except under the provision of paragraph 4 of article 18 of this Agreement.
9. The aeronautical authorities of both Contracting Parties shall endeavour to ensure that the tariffs charged and collected conform to the tariffs approved by them and are not subject to rebates.
ARTICLE 14
Staff Requirements
1. The designated airline of one Contracting Party shall be allowed on the basis of reciprocity, to maintain in the area of the other Contracting Party its representatives and commercial, operational and technical staff as required in connection with the operation of the agreed services.
2. These staff requirements may, at the opinion of the designated airline of one Contracting Party, be satisfied by its own personnel or by using the services of any other organization, company or airline operating in the area of the other Contracting Party, only if they are authorized to perform such services (including handling of other airlines) in the area of that Contracting Party.
3. The representatives and staff shall be subject to the laws and regulations in force of the other Contracting Party. Consistent with such law and regulations, each Contracting Party shall, on the basis of reciprocity and with the minimum of delay, grant the necessary work permits, employment visas or other similar documents to the representatives and staff referred to in paragraph 1 of this article.
4. To the extent permitted under applicable laws and regulations both Contracting Parties shall dispense with the requirement of work permits or employment visas or other similar documents for personnel performing certain temporary services and duties.
ARTICLE 15
Sales and Revenues
1. Each designated airline shall be granted the right to engage in the sale of air transportation in the area of the other Contracting Party directly and, at its discretion, through its agents.
Each designated airline shall have the right to sell transportation in the currency of that area or, at its discretion, in freely convertible currencies of other parties.
Any person shall be free to purchase such transportation in currencies accepted for sale by that airline.
2. Each Contracting Party grants to the designated airline of the other Contracting Party the right of free transfer of the excess of receipts over expenditures earned by the designated airline in its area. Such transfers shall be effected on the basis of the official exchange rates for current payments, or where there are no official exchange rates, at the prevailing foreign exchange market rates for current payments, applicable on the day of the instruction of the request for transfer by the airline designated. by the other Contracting Party and shall not be subject to any charges except normal service charges collected by banks for such transactions.
3. Each Contracting Party shall, on the basis of reciprocity, exempt the designated airline of the other Contracting Party from any form of taxation on income or profits derived by that airline in the area of the first Contracting Party from the operation of international air services, as well as from any tax on turnover or capital.
This provision shall not have effect if an agreement on the avoidance of double taxation providing for a similar exemption becomes applicable to both Contracting Parties.
ARTICLE 16
Exchange of Information
1. The aeronautical authorities of both Contracting Parties shall exchange information, as promptly as possible, concerning the current authorizations extended to their respective designated airline to render service to, through, and from the area of the other Contracting Party. This will include copies of current certificates and authorizations for services on specified routes, together with amendments, exemption orders and authorized service patterns.
2. Each Contracting Party shall cause its designated airline to provide to the aeronautical authorities of the other Contracting Party, as long in advance as practicable, copies of tariffs, schedules, including any modification thereof, and all other relevant information concerning the operation of the agreed services, including information about the capacity provided on each of the specified roads and any further information as be required reasonably to satisfy the aeronautical authorities of the other Contracting Party that the requirements of this Agreement are being observed
3. Each Contracting Party shall cause its designated airline to provide to the aeronautical authorities of the other Contracting Party statistics relating to the traffic carried on the agreed services showing the points of embarkation and disembarkation.
ARTICLE 17
Consultations
1. The aeronautical authorities of the Contracting Parties shall consult each other from time to time with a view to ensuring close cooperation in all matters affecting the implementation of, and satisfactory compliance with, the provisions of this Agreement and of its Annex.
2. Such consultations shall begin within a period of sixty (60) days of the date of receipt of such a request, unless otherwise agreed by the Contracting Parties.
ARTICLE 18
Settlement of Disputes
1. If any dispute arises between the Contracting Parties relating to the interpretation or application of this Agreement, the Contracting Parties shall in the first place endeavour to settle it by negotiation.
2. If the Contracting parties fail to reach a settlement by negotiation, they may agree to refer the dispute for decision to some person or body, or either Contracting Party may submit the dispute for decision to a Tribunal of three arbitrators.
3. The arbitral tribunal shall be constituted as follows:
Each of the Contracting Parties shall nominate an arbitrator within a period of sixty (60) days from the date of receipt, by one Contracting Party, of a written 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 not be a national of Belgium or a resident of Macau, 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 applications of article 5 of this Agreement.
5. The expenses of the arbitral tribunal shall be shared equally between the Contracting Parties.
ARTICLE 19
Amendments
1. If either of the Contracting Parties considers it desirable to modify any provisions of this Agreement, it may request consultations with the other Contracting Party. Such consultations, which may be between aeronautical authorities and which may be through discussion or by correspondence, shall begin within a period of sixty (60) days from the date of the request.
2. Any modification agreed pursuant to such consultations shall come into force when it has been confirmed in writing.
ARTICLE 20
Termination
1. Either Contracting Party may at any time give notice in writing to the other Contracting Party of its decision to terminate this Agreement.
Such notice shall be communicated simultaneously to the International Civil Aviation Organization.
2. The Agreement shall terminate one (1) year after the date of receipt of the notice by the other Contracting Party, unless the notice to terminate is withdrawn by mutual consent before the expiry of this period.
In the absence of acknowledgment of receipt by the other Contracting Party, the notice shall be deemed to have been received fourteen (14) days after the receipt of the notice by the International Civil Aviation Organization.
ARTICLE 21
Registration
This Agreement and any amendment thereto shall be registered with the International Civil Aviation Organization.
ARTICLE 22
Entry into force
This Agreement shall enter into force as soon as the Contracting Parties have informed each other in writing that any necessary procedures have been completed.
IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their respective Governments, have signed the present Agreement.
DONE in duplicate at Brussels on the 16th of November 1994 in the English language.
FOR THE GOVERNMENT OF THE KINGDOM OF BELGIUM :
Robert URBAIN,
Minister of Foreign Trade.
FOR THE GOVERNMENT OF MACAU :
General Vasco ROCHA VIEIRA,
Governor of Macau

ANNEX
SCHEDULES OF ROUTES
1. Routes of Macau
Macau - Intermediate points (1) - Points in Belgium (including Brussels) - Points beyond (1)
2. Routes of the Kingdom of Belgium
Points in Belgium - Intermediate points (0) - Macau - Points beyond (1)
3. Any point or points on the agreed routes may be omitted by the designated airlines of both Contracting Parties or may be operated in a different order on any or all flights, provided that the point of departure or arrival is in the area of either Contracting Party.
4. No intermediate points or points beyond may be served exercising fifth freedom traffic rights.
(1) Other than points in Africa and America

Translation
AGREEMENT BETWEEN THE GOVERNMENT OF THE BELGIUM ROYAL AND THE GOVERNMENT OF MACAO
The Government of the Kingdom of Belgium
and
The Government of Macau
The Government of Macau, duly authorized by the competent sovereign institution of the Portuguese Republic and with the consent of the Government of the People's Republic of China, and the Government of the Kingdom of Belgium,
Desirous of concluding a supplementary agreement to establish air services between their respective territories and beyond,
To ensure the best level of safety and security in international air transport,
The following agreed:
ARTICLE 1^er
Definitions
For the purposes of this Agreement, unless the context otherwise provides:
(a) the term "Agreement" means this Agreement, its Annex, and any amendment that may be made to them;
(b) the term "Aeronautical authorities" means in the case of Belgium, the Ministry of Communications and, in the case of Macau, the Civil Aviation Authority or, in both cases, any other authority or person authorized to perform the functions currently exercised by the said authorities;
(c) the term "region" for Macau includes the Macau Peninsula and the islands of Taipa and Coloane and for Belgium, it has the meaning assigned to "Territory" in Article 2 of the Convention on International Civil Aviation Open for signature in Chicago on December 7, 1944;
(d) the terms "Air Service", "International Air Service", "Air Transport Company", and "Non-commercial port of call" have the meaning assigned to them respectively in articles 2 and 96 of the said Convention;
(e) the term "Designated Air Transport Company" means an air carrier that has been designated in accordance with Articles 4 and 5 of this Agreement;
(f) the term "Agreed Services" means regular air services for the carriage of passengers, goods and mail, in a separate or combined manner, on the routes specified in the Annex to this Agreement;
(g) the term "Tariffs" means the prices to be paid for the carriage of passengers, baggage and goods, as well as the conditions to which these prices apply, including prices and conditions for the services of agencies and other auxiliary services, but excluding remuneration and conditions for the transport of mail;
(h) the terms "dashboard equipment, ground equipment, dashboard, spare parts" have the same meanings as those given in Annex 9 of the Convention cited in Article 2.
ARTICLE 2
Provisions of the Chicago Convention
Applicable to International Services
In the implementation of this Agreement, Contracting Parties shall act in accordance with the provisions of the Convention on International Civil Aviation, opened for signature in Chicago on 7 December 1944, including the Annexes and any amendments to the Annexes or Convention which have effected the two Contracting Parties, provided that these provisions are applicable to international air services.
ARTICLE 3
Granting of rights
1. Unless otherwise specified in the Annex, each Contracting Party shall grant to the other Contracting Party the following rights for the operation of international air services by the air carrier designated by the other Contracting Party:
(a) overflight, without landing, the territory of the other Contracting Party;
(b) make non-commercial stopovers in that territory;
(c) make ports of call in the said territory, during the operation of the routes specified in the Annex, in order to board and disembark passengers, goods and mail transported in international traffic, in a separate or combined manner.
2. Nothing in paragraph 1^er of this Article shall not be construed as conferring on the designated air carrier of one of the Contracting Parties the privilege of embarking on passengers, goods or mail on the region of the other Contracting Party to carry them, for remuneration or under a lease contract, to another point in the region of that other Contracting Party.
3. Nothing in paragraph 1 of this article shall be construed as conferring on the air carrier designated by the Kingdom of Belgium the right to operate air transport between Macau and Hong Kong, from points to Taiwan and mainland China.
ARTICLE 4
Designation for the operation of services
1. Each Contracting Party shall have the right, in writing, to designate, through the appropriate channels to the other Contracting Party, an air carrier for the operation of the services agreed on the routes specified in the Annex for that Contracting Party.
2. Each Contracting Party shall have the right to withdraw, in writing, through the appropriate channels to the other Contracting Party, the designation of an air carrier and to designate another.
ARTICLE 5
Authority to operate services
1. Upon receipt of a notice of designation issued by one of the Contracting Parties under Article 4 of this Agreement, the aeronautical authorities of the other Contracting Party, in accordance with its laws and regulations, shall promptly grant to the air carrier so designated the authorizations necessary for the operation of the agreed services for which the undertaking was designated.
2. Upon receipt of such authorizations, the air carrier may begin at any time to operate the services agreed in whole or in part, provided that it complies with the applicable provisions of this Agreement and provided that tariffs are established in accordance with the provisions of Article 13 of this Agreement.
ARTICLE 6
Revocation or suspension of service operating authorization
1. The aeronautical authorities of each Contracting Party have the right to refuse, revoke, suspend or assort conditions, temporarily or permanently, the authorizations referred to in Article 5 of this Agreement with respect to the air carrier designated by the other Contracting Party:
(a) if the undertaking in question cannot prove that it is in a position to meet the conditions prescribed under the laws and regulations normally and reasonably applied by those authorities in accordance with the Convention with respect to the operation of the international air service;
(b) if, in the operation of the services, the undertaking in question breaches the conditions set out in this Agreement;
(c) if the undertaking in question does not comply with the laws and regulations of that Contracting Party;
(d) if they are not satisfied that the air carrier is installed and has its main operating seat in the area of the other Party.
2. Unless immediate action is required to prevent violations of the above-mentioned laws and regulations, the rights listed in paragraph 1^er of this Article shall be exercised only after consultation with the aeronautical authorities of the other Contracting Party in accordance with Article 17 of this Agreement.
ARTICLE 7
Enforcement of laws and regulations
1. The laws and regulations of one of the Contracting Parties governing, on its region, the entry, residence or exit of aircraft assigned to an international air service and the operation and navigation of such aircraft shall be observed by the designated air carrier of the other Contracting Party at the entry, exit and within the region of the first Contracting Party.
2. The laws and regulations of one of the Contracting Parties regulating the entry, exit, transit, immigration, passports, customs, currency, sanitary and quarantine procedures shall be observed by the designated air carrier of the other Contracting Party and by its crews and passengers or on their behalf, and for goods and mail in transit, at the entrance, at the exit and inside of the Contracting Party.
Passengers in transit on the region of either of the Contracting Parties will only be subject to summary control.
3. None of the Contracting Parties shall accord preference to their own business or to any other air carrier in relation to the air carrier of the other Contracting Party that provides similar international services in the application of its regulations referred to in paragraphs 1^er and 2 of this section, as well as the use of airports, airways, traffic services and associated facilities under its control.
ARTICLE 8
Certificates, patents and licences
1. Certificates of Airworthiness, Certificates of Fitness and Licences issued or validated by one of the Contracting Parties and not expired shall be recognized as valid by the other Contracting Party for the operation of services agreed on the routes specified in the Annex, provided that such certificates, patents and licences have been issued or validated in accordance with the standards established under the Convention.
Each Contracting Party reserves the right, however, to refuse to recognize, for the purposes of flights carried out above its own region, the suitability and licences granted to its own nationals for Belgium or its residents for Macau by the other Contracting Party.
2. If the certificates, patents or licences referred to in paragraph 1^er this Article has been issued or validated in accordance with standards different from those established under the Chicago Convention and if this difference has been notified to the International Civil Aviation Organization, the aeronautical authorities of the other Contracting Party may request consultations in accordance with Article 17 of this Agreement, in order to ensure that the standards in question are acceptable to them. The failure to reach a satisfactory agreement on flight safety issues will justify the application of section 6 of this Agreement.
ARTICLE 9
Aviation safety
1. The Contracting Parties reaffirm that their obligation to protect, in their mutual relations, civil aviation against acts of unlawful intervention, in order to ensure their safety, is an integral part of this Agreement.
2. The Contracting Parties shall mutually agree, upon request, with all necessary assistance to prevent the unlawful capture of aircraft and other unlawful acts against the safety of passengers, crews, aircraft, airports and air navigation facilities and services, as well as any other threat to aviation safety.
3. The Contracting Parties comply with the provisions of the Convention on Offences and Certain Other Acts on Board Aircraft, signed in Tokyo on 14 September 1963, the Convention for the Suppression of the Illicit Capture of Aircraft, signed in The Hague on 16 December 1970, and the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed in Montreal on 23 September 1971.
4. The Contracting Parties in their mutual relations shall comply with the provisions on aviation safety that have been established by the International Civil Aviation Organization and are designated as annexes to the International Civil Aviation Convention, to the extent that these provisions apply to those Parties; they require operators of aircraft registered by them, or operators who have the main seat of their operation or permanent residence on their territory, and airport operators located in their territory, to comply with these provisions relating to aviation safety.
5. Each Contracting Party undertakes to observe the safety provisions prescribed by the other Contracting Party for entry into its region, and to take appropriate measures to ensure the inspection of passengers, crews and their baggage, as well as cargo, prior to boarding or loading. Each Contracting Party shall also consider, with due diligence and in a positive spirit, any request to it by the other Contracting Party to ensure that special security measures are taken to protect its aircraft or passengers from a particular threat.
6. Where an act of unlawful capture of aircraft or any other unlawful act directed against the safety of passengers, crews, aircraft, airports and air navigation facilities and services is committed, or where there is a threat of such an act, the Contracting Parties shall assist in facilitating communications and other appropriate measures, intended to put an end to the act or threat of act expeditiously and safely.
7. If a Contracting Party derogates from the provisions on aviation safety set out in this article, the aeronautical authorities of the other Contracting Party may request immediate consultations with the aeronautical authorities of that Party. The failure to reach a satisfactory agreement within thirty (30) days justifies the application of section 6 of this Agreement.
ARTICLE 10
Rights of use
1. The fees imposed in the region of one of the Contracting Parties to the designated air carrier of the other Contracting Party for the use of airports and other air navigation facilities by the aircraft of the designated air carrier of the other Contracting Party may not be higher than those imposed on a national air transport undertaking of the first Contracting Party providing similar international services.
2. Each Contracting Party shall encourage consultations between its competent authorities to collect the rights and the designated air carrier that uses the services and facilities, if possible through the representative organizations of the airlines. Any proposed changes in user rights should be given with reasonable notice to allow them to express their views before the changes are made.
ARTICLE 11
Customs and excise duties
1. Each Contracting Party shall exempt the designated air carrier from the other Contracting Party from import restrictions, customs duties, excise duties, inspection fees and other national, regional or local taxes and duties on aircraft, fuels, lubricants, consumable technical supplies, spare parts including engines, normal aircraft equipment, ground equipment only
2. The exemptions granted under this section apply to the objects referred to in paragraph 1^er of this Article, whether or not these objects are used or consumed entirely on the region of the Contracting Party granting the exemption, where they are:
(a) introduced into the region of one of the Contracting Parties by the designated air carrier of the other Contracting Party or on its behalf, provided that they are not alienated in the region of that Contracting Party;
(b) retained on aircraft of the designated air carrier of one of the Contracting Parties upon arrival in the region of the other Contracting Party or at the departure of that region;
(c) taken on board aircraft of the designated air carrier of one of the Contracting Parties in the region of the other Contracting Party and intended for use in the operation of the agreed services.
3. Normal aircraft equipment and ground equipment, as well as supplies and supplies generally retained on board aircraft of the air carrier designated by one of the Contracting Parties, may not be disembarked in the region of the other Contracting Party without the approval of the customs authorities of that region. In this case, they may be placed under the supervision of such authorities until they are re-exported or otherwise disposed of in accordance with customs regulations.
4. Baggage and goods in direct transit are exempt from customs duties and other taxes.
5. The exemptions provided for in this Article shall also be granted where the air carrier designated by one of the Contracting Parties has entered into arrangements with another air carrier that has the same exemptions from the other Contracting Party, for the loan or transfer to the territory of the other Contracting Party, of the objects specified in paragraph 1^er of this article.
ARTICLE 12
Capacity
1. The designated air carriers of the two Contracting Parties shall enjoy fair and equal opportunities in the operation of the services agreed between their respective territories and beyond on the routes specified in the Annex to this Agreement.
2. In the operation of the agreed services, the air carrier designated by one of the Contracting Parties shall take into account the interests of the air carrier designated by the other Contracting Party, so as not to unduly affect the services it provides on all or part of the same road.
3. The agreed services provided by the air carriers designated by the Contracting Parties will have a reasonable relationship with the public's transportation requirements on the specified routes and will have the primary objective of ensuring, according to a reasonable coefficient of pay, sufficient capacity to meet the current and normally foreseeable transport needs of passengers, goods and mail between the region of the Contracting Party that has designated the air carrier and the regions of destination.
4. Designated air carriers will submit operating programs to the aeronautical authorities of the two Contracting Parties for approval no later than 30 days before the commencement of operation of an agreed service. These operating programs will include the type of service, aircraft types, service frequencies and flight schedules. This also applies to any subsequent amendment. In special cases this period may be reduced by the consent of the authorities.
ARTICLE 13
Rates
1. Contracting Parties will admit that a tariff on one of the routes specified in the Appendix will be established by one of the designated air carriers, if possible after consultation between these air carriers.
2. The rates to be applied to transport on any service agreed to at and from the region of the other Contracting Party will be fixed at reasonable rates, with due regard to all relevant assessment elements, including operating costs, reasonable benefit, service characteristics, user interest and, if appropriate, the rates applied by other air carriers on the whole or part of the same road.
3. The tariffs will be subject to approval by the aeronautical authorities of the Contracting Parties and received by them at least forty-five (45) days before the proposed date for their entry into force. Aeronautical authorities may accept a shorter period in specific cases.
If, within thirty (30) days from the date of receipt, the aeronautical authorities of one of the Contracting Parties have not expressed their disagreement with the aeronautical authorities of the other Contracting Party, the tariffs will be considered to be approved and will come into force on the date specified in the proposed tariff.
If they accept a shorter time limit for filing a tariff, the aeronautical authorities may also agree that the time limit within which the notice of disagreement must be given will be less than thirty (30) days.
4. If a disagreement has been expressed in accordance with paragraph 3 of this Article, the aeronautical authorities of the Contracting Parties shall hold consultations in accordance with the provisions of Article 17 of this Agreement and shall endeavour to establish the tariff by mutual agreement.
5. If the aeronautical authorities cannot agree on a tariff that has been submitted to them under paragraph 3 of this article, or on a tariff to be fixed in accordance with paragraph 4 of this article, the dispute shall be settled in accordance with the provisions of Article 18 of this Agreement.
6. If the aeronautical authorities of one of the Contracting Parties no longer agree on an established tariff, they shall notify the aeronautical authorities of the other Contracting Party and the designated air carriers shall try, if necessary, to reach an agreement.
If, within a period of ninety (90) days from the date of receipt of the notice of disagreement, a new tariff may not be set out the procedures set out in paragraphs 4 and 5 of this section apply.
7. The rates established in accordance with the provisions of this Article shall remain in effect until new rates are established in accordance with the provisions of this Article or Article 18 of this Agreement.
8. No tariff shall enter into force if the aeronautical authorities of either Contracting Party have not approved it, subject to the provisions of Article 18, paragraph 4, of this Agreement.
9. The aeronautical authorities of both Contracting Parties shall endeavour to ensure that the tariffs imposed and collected are in accordance with the tariffs approved and that they are not discounted.
ARTICLE 14
Staff
1. The air carrier designated by one of the Contracting Parties is authorized, on a reciprocal basis, to assign to the region of the other Contracting Party the representatives and employees of the commercial, operational and technical sectors required for the operation of the agreed services.
2. At the choice of the designated air carrier, these personnel requirements may be met either by their own personnel or by using the services of any other organization, company or air carrier operating in the region of the other Contracting Party and authorized to provide such services (the port of call assistance of other airlines included therein) in that region.
3. Such representatives and employees shall observe the laws and regulations in force of the other Contracting Party. In accordance with these laws and regulations, each Contracting Party shall, on a reciprocal basis and with a minimum of time, grant work permits, employment visas or other similar documents necessary to the representatives and employees mentioned in paragraph 1^er of this article.
4. To the extent permitted by their national laws, the two Contracting Parties shall exempt from the requirement to obtain work permits, employment visas or other similar documents from the staff performing certain temporary services and functions.
ARTICLE 15
Sales and revenues
1. Each designated air carrier has the right to proceed with the sale of air transportation securities in the region of the other Contracting Party, directly and, at its option, through its agents.
Each designated air carrier has the right to sell such transport securities in the currency of that region or, at its option, in the freely convertible currencies of other countries. Any person may acquire these securities in currencies accepted for sale by this air carrier.
2. Each Contracting Party shall grant to the designated air carrier of the other Contracting Party the right to freely transfer the excess of revenues over the expenditures made by that undertaking in its region. Such transfers shall be made on the basis of official exchange rates used for current payments or, where there is no official exchange rate, on the basis of market exchange rates for current payments, applicable on the day of the introduction of the transfer request by the designated air carrier of the other Contracting Party; they will not be subject to any tax except those that banks normally require for such transactions.
3. Each Contracting Party shall, on a reciprocal basis, grant to the designated air carrier of the other Contracting Party the exemption of any form of tax on the income or profits derived by that undertaking in the region of the first Contracting Party from the operation of air services, as well as any tax on the turnover or capital.
This provision will not be applicable if a Convention intended to avoid double taxation and which provides a similar exemption is in force between the two Contracting Parties.
ARTICLE 16
Information exchange
1. The aeronautical authorities of the two Contracting Parties shall exchange as soon as possible information regarding the current authorizations issued to their respective designated air carriers for the operation of services to, through or from the region of the other Contracting Party, including copies of the existing certificates and authorizations for services on specified routes, as well as amendments, orders of exemption, and tables of services
2. Each Contracting Party shall ensure that its designated air carrier shall provide to the aeronautical authorities of the other Contracting Party as long in advance as possible copies of the tariffs, schedules, including the amendments made thereto, as well as any relevant information regarding the operation of the agreed services, including information relating to the capacity offered on each of the specified routes, and any other information required to prove to the aeronautical authorities of the other Contracting Party duly
3. Each Contracting Party shall ensure that its designated air carrier shall provide to the aeronautical authorities of the other Contracting Party the traffic statistics carried on the services agreed with the indication of the boarding and landing points.
ARTICLE 17
Consultations
1. The aeronautical authorities of the Contracting Parties shall consult from time to time to ensure close collaboration on all matters relating to the application and compliance of this Agreement and its Annex.
2. Unless otherwise agreed between the two Contracting Parties, such consultations shall begin within sixty (60) days from the date of receipt of an application for that purpose.
ARTICLE 18
Settlements of disputes
1. If a dispute arises between the Contracting Parties concerning the interpretation or application of this Agreement, the Contracting Parties shall first endeavour to resolve it through negotiations.
2. If the Contracting Parties fail to reach a settlement through negotiations, they may agree to submit the dispute to the decision of any person or agency or, at the option of either of the Contracting Parties, to the decision of a court composed of three arbitrators.
3. The arbitral tribunal shall be constituted as follows: each Contracting Party shall appoint an arbitrator within sixty (60) days from the date on which one of them receives a written request for arbitration from the other Contracting Party. These two arbitrators agree to designate the third arbitrator within an additional period of sixty (60) days. The third arbitrator shall not be a Belgian national or a resident of Macau, shall act as president of the court and shall determine the place of arbitration.
If either of the Contracting Parties does not appoint an arbitrator within the specified time limit, or if the third arbitrator is not designated within the specified time limit, the President of the Council of the International Civil Aviation Organization may be invited by either of the Contracting Parties to appoint an arbitrator or arbitrator as the case may be.
4. Contracting Parties undertake to comply with any decision or award made under paragraphs 2 and 3 of this Article.
If one of the Contracting Parties fails to comply with such a decision, the other Contracting Party may apply Article 6 of this Agreement.
5. Arbitration fees will be split equally between the Contracting Parties.
ARTICLE 19
Amendments
1. If one of the Contracting Parties deems it desirable to amend any provision of this Agreement, it may request consultations with the other Contracting Party. These consultations, which may take place between the aeronautical authorities and be conducted through discussions or correspondence, will begin within sixty (60) days from the date of application.
2. Any amendment agreed upon following these consultations will come into force when confirmed in writing.
ARTICLE 20
Denunciation
1. Each Contracting Party may, at any time, notify the other Contracting Party in writing of its decision to denounce this Agreement. This notification will be sent simultaneously to the International Civil Aviation Organization.
2. The Agreement shall terminate one (1) year after the date of receipt of the notification by the other Contracting Party, unless such notification is withdrawn by mutual agreement before the expiry of that period.
In the absence of an acknowledgement of receipt from the other Contracting Party, the notification shall be deemed to have been received fourteen (14) days after the date of its receipt by the International Civil Aviation Organization.
ARTICLE 21
Registration
This Agreement and any amendments thereto shall be registered with the International Civil Aviation Organization.
ARTICLE 22
Entry into force
This Agreement shall enter into force when the two Contracting Parties have mutually notified that all necessary procedures have been completed.
IN WITNESS WHEREOF, the undersigned, duly authorized to do so by their respective Governments, have signed this Agreement.
Done in duplicate in Brussels on 16 November 1994 in the English language.
FOR THE GOVERNMENT OF THE BELGIUM ROYAUME,
Robert URBAIN,
Minister of Foreign Trade
FOR THE GOVERNMENT OF MACAO,
General Vasco ROCHA VIEIRA,
Governor of Macau

Annex
CONTENTS
1. Routes of Macau
Macau - Intermediate points (1) - Points in Belgium (Brussels included) - Point beyond (1)
2. Routes of the Kingdom of Belgium
Points in Belgium - Intermediate points (1) - Macau - Points beyond
3. Designated air carriers of the two Contracting Parties may omit one or more points on agreed routes and may operate them in a different order on any flight provided that the departure or arrival point is located in the country of which they are a national.
4. No intermediate point or point beyond may be exploited in traffic rights of 5^e freedom.
Note (1) Other than points in Africa and America.