Key Benefits:
The President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Having regard to Articles 52 to 55 of the Constitution;
In light of Decree No. 47-974 of 31 May 1947 of the publication of the Convention on International Civil Aviation, signed at Chicago on 7 December 1944;
In light of the amended Decree No. 53-192 of 14 March 1953 on the ratification and publication of international commitments entered into by France,
Decline:
The Air Transport Agreement between the Government of the French Republic and the Government of the Republic of Croatia (set of annex), signed in Zagreb on 27 January 1997, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign Affairs shall each have responsibility for the execution of this Decree, which shall be published in the Official Journal of the French Republic.
A C C O R D
AIR TRANSPORT BETWEEN THE GOVERNMENT OF THE FRENCH REPUBLIC AND THE GOVERNMENT OF THE REPUBLIC OF CROATIA (ENSEMBLE ONE ANNEX)
The Government of the French Republic and the Government of the Republic of Croatia hereinafter referred to as the Contracting Parties,
As parties to the Convention on The International Civil Aviation Authority opened for signature at Chicago on 7 December 1944 and;
Desiring to conclude a complementary agreement of the said Convention for the establishment of air services between their respective countries,
have agreed The following:
Article 1
Definitions
For the purposes of this Agreement, unless otherwise specified:
1. The term " Convention " Means the Convention relating to the International Civil Aviation opened for signature at Chicago on 7 December 1944 and includes: any amendment to this Convention which entered into force pursuant to Article 94 (a) and has been ratified by the Two Contracting Parties; any Annex or amendment to an Annex adopted in accordance with Article 90 of that Convention, to the extent that this Annex or amendment has taken effect in respect of both Contracting Parties;
2. The expression " Aeronautical Authorities " Means, as far as the French Republic is concerned, the Directorate-General for Civil Aviation and, as regards the Republic of Croatia, the Ministry of Maritime Affairs, Transport and Communications, or any body which would be Authorised by one of the Contracting Parties to carry out any of the functions currently carried out by the Directorate General of French Civil Aviation or by the Ministry of Maritime Affairs, Transport and Croatian Communications ;
3. The expression " Designated airline company " Means an air transport undertaking designated and authorized in accordance with Article 4 of this Agreement;
4. The term " Territory " As defined in Article 2 of the Convention;
5. The expressions " Air service "," International air service "," Airline "," Non-commercial stopover " Have the meanings assigned to them by Article 96 of the Convention;
6. The expression " Specified routes " Means the routes established in the table of routes annexed to this Agreement;
7. The expression " Approved services " Means international air services which, in accordance with the provisions of this Agreement, may be established on specified routes;
8. The term " Fare " Means tariff or price for the carriage of passengers and their baggage, and/or of goods (excluding mail) on scheduled air services, applied by air transport undertakings, including their agents, and Conditions governing the availability of such tariffs or prices;
9. The term " Annex " Means the Annex to this Agreement or any other amended Annex in accordance with the provisions of Article 22 of this Agreement. These Annexes are integral parts of this Agreement.
Article 2
Terms of the Chicago
applicable to international air services
By applying this Agreement, the Contracting Parties shall comply with the provisions of the Convention insofar as such provisions are applicable to international air services.
Article 3
Grant of rights
1. Each Contracting Party shall accord to the other Contracting Party the following rights in respect of all its scheduled and non-scheduled international air services:
-to fly over the territory of the other Contracting Party without y Landing;
-carrying out stopovers for non-commercial purposes in the territory of the other Contracting Party.
2. Each Contracting Party shall accord to the other Contracting Party the rights specified in this Agreement for the purpose of The establishment and performance of international air services on the routes specified in the table of routes annexed to this Agreement. For the operation of the approved services on the specified routes, the air transport undertaking designated by each of the Contracting Parties shall enjoy, in addition to the rights specified in paragraph 1 of this Article, the right to make stopovers on the The territory of the other Contracting Party to the points indicated on the specified routes in order to embark or disembark passengers, goods or mail on mixed services or services all cargo to or from the The territory of the designated Contracting Party.
3. Nothing in this Agreement shall be construed as conferring upon the designated airline of a Contracting Party the right to embark on the territory of the other Contracting Party of passengers, goods or Of mail, against remuneration or under a lease, for another point located in the territory of that other Contracting Party.
4. For the purposes of the provisions of this Article, each Contracting Party shall have the right to specify which routes shall be followed over its territory and which airports may be used by the airline Designated of the other Contracting Party. The designated airline of each Contracting Party shall be accorded treatment at least as favourable as that applied to any other air transport undertaking providing similar international services.
Item 4
Air Transport Company Designation and Authorization
1. Each Contracting Party shall have the right to designate to the other Contracting Party an air transport undertaking to operate the approved services on the specified routes. This designation shall be effected by diplomatic means.
2. Upon receipt of the designation of an air transport undertaking by one of the Contracting Parties, and subject to the provisions of paragraphs 3 and 4 of this Article, the The aeronautical authorities of the other Contracting Party shall accord without delay to the air transport undertaking designated in accordance with the provisions of paragraph 1 of this Article, the necessary operating
. Each Contracting Party shall have the right to refuse the designation provided for in this Article, or to impose conditions which may be deemed necessary for the exercise by a designated air transport undertaking of the rights specified in the Article 3 of this Agreement, in all cases where the said Contracting Party considers that it does not have evidence that the ownership and effective control of that undertaking is in the hands of the Contracting Party having designated the undertaking concerned Or its nationals.
4. In order to ensure fair and equal opportunities, the Aviation Authorities of either Contracting Party may require that the air transport undertaking designated by the other Contracting Party shall, at any time, provide The exploitation of the rights set out in Article 3 of this Agreement, proof that it is capable of fulfilling the provisions of this Agreement and the conditions prescribed by the laws and regulations it applies to the air transport undertaking It has designated for the operation of services approved under this Agreement.
5. Where an air transport undertaking has been so designated and authorized, it may commence operations at any time, subject to compliance with this Agreement.
Article 5
Revoke or suspend
operating authorization
1. Each Contracting Party shall have the right to withdraw an authorisation to operate or suspend the exercise, by the air transport undertaking designated by the other Contracting Party, of the rights granted by this Agreement, or to impose for The exercise of these rights the conditions it deems necessary:
-in all cases where it considers that it does not have evidence that the ownership and effective control of that undertaking are in the hands of the designated Contracting Party The undertaking, or its nationals;
-in all cases where that undertaking has not complied with the laws and regulations of the Contracting Party which granted those rights or is not in a position to comply with the provisions of paragraph 4 of Article 4 of this Agreement;
-in all cases where that enterprise does not operate the services authorized under this Agreement.
2. Unless the revocation, suspension or imposition of the conditions laid down in paragraph 1 of this Article are immediately necessary to prevent further infringements of the said laws and regulations or the provisions of this Agreement, Such right shall be exercised only after consultation with the other Contracting Party. Such consultations shall be held within thirty (30) days from the date of their application by one of the Contracting Parties, unless otherwise agreed.
Article 6
Principles Governing Operating licensed services
1. Each Contracting Party shall ensure that designated airlines of both Contracting Parties have the opportunity to enjoy fair and equitable opportunities for the operation of the approved services covered by this Agreement. Each Contracting Party shall ensure that the air transport undertaking which it has designated operates under conditions permitting compliance with this principle.
2. For the operation of the approved services, each Contracting Party shall ensure that The air transport undertaking which it designates shall take into account the interests of the designated airline of the other Contracting Party in order not to unduly affect the services provided by the latter on the whole or Part of the common routes.
3. Authorised services operated by designated airlines of the Contracting Parties shall be closely adapted to the public's demand for carriage on specified routes and shall have the primary purpose of providing, to A reasonable load factor compatible with tariffs defined on the basis of the provisions of Article 17 of this Agreement, a capacity commensurate with the present and reasonably foreseeable needs for the carriage of passengers, of Goods or mail in order to promote orderly and economically balanced development of air services between the territories of the Contracting Parties.
4. An additional capacity may incidentally be implemented by the air transport undertaking designated by a Contracting Party whenever the needs of traffic on the specified routes justify it. Such additional capacity is the subject of an agreement between the designated airlines, subject to the approval of the Aviation Authorities of the Contracting Parties.
Article 7
Enforcement And regulations
1. The laws, regulations and procedures of a Contracting Party governing entry into and exit from its territory for aircraft providing international air services or governing the operation and conduct of such aircraft The aircraft of the designated airline of the other Contracting Party and such aircraft shall comply with the arrival, departure and presence in the territory of the first Contracting Party.
2. The laws and regulations of one of the Contracting Parties relating to the formalities of entry, leave, transit, immigration, customs and quarantine shall apply to passengers, baggage, crews, goods and mail carried by aircraft Of the designated airline of the other Contracting Party during their stay in the territory of the first Contracting Party.
3. The laws and regulations referred to in paragraph 2 above applied by a Contracting Party shall be the same as those applied to national aircraft employed in similar international air services as well as to passengers, baggage, Crews, goods, and mail transported by these aircraft.
Article 8
Certificates, Certificates of Fitness and Licenses
1. Certificates of airworthiness, certificates of fitness and licenses issued or validated by a Contracting Party shall be recognized by the other Contracting Party for the purpose of operating the approved services on the routes specified in the The Annex to this Agreement, provided that the conditions for obtaining such certificates, patents and licenses are not less stringent than those prescribed in the Convention.
2. However, each Contracting Party reserves the right to Not to recognise valid certificates of fitness and licences issued to its own nationals by the other Contracting Party or by a third State for the overflight of its territory and landing in its territory.
Item 9
Flight Technical Security
1. Each Contracting Party shall take the necessary measures to ensure in its territory the implementation of the services approved under conditions of technical safety of satisfactory flights. It shall ensure that the air transport undertaking that it has designated complies with these measures, as far as it is concerned.
2. Where a Contracting Party has reasonable grounds to believe that the other Contracting Party does not apply the measures referred to in paragraph 1 of this Article, the first Contracting Party may request immediate consultations with The other Contracting Party.
Article 10
Royalties
1. Royalties which may be imposed by the competent authorities or bodies of a Contracting Party to the designated airline of the other Contracting Party for the use of public airports, installations of Security, safety and air navigation and other facilities they control are fair, reasonable, non-discriminatory and equitably distributed among the categories of users. They shall not be higher than those paid for the use of such airports and other facilities by any air transport undertaking providing similar international air services.
2. Such charges may reflect, without To exceed it, a fair proportion of the total cost borne by the competent authorities or bodies for the provision of the facilities and services of airports and those of safety, security and air navigation. The facilities and services for which royalties are collected shall be made available or provided on an efficient and economic basis. The competent authorities or bodies of each Contracting Party shall notify the designated air carrier of the other Contracting Party of any significant changes in the royalties within a reasonable period of time by The expected entry into force of such changes. Each Contracting Party shall promote consultations between the competent authorities or bodies in its territory and air transport undertakings using services and facilities in the event of a fee increase.
Article 11
Customs duties and taxes
1. On arrival in the territory of one of the Contracting Parties, the aircraft operated by the designated airline of the other Contracting Party providing international air services, their usual equipment, the equipment at the Land, fuel, lubricants, consumable technical supplies, spare parts, including engines, ships' stores including, but not limited to, food, beverages and alcohol, tobacco and Other products intended for sale to, or consumption by, passengers in limited quantities during the flight and other objects intended for or used solely in connection with the operation or maintenance of aircraft providing for International air services are exempt, on a reciprocal basis, from all import restrictions, taxes on property rights and taxes on capital, customs duties, excise duties and duties and taxes Provisions imposed by national and local authorities, provided that such equipment and supplies remain on board aircraft.
2. Also exempt, on a reciprocal basis, from the taxes, duties and taxes referred to in paragraph 1 With the exception of charges based on the cost of the service provided:
-ships' stores introduced or supplied in the territory of one of the Contracting Parties and taken on board in reasonable quantities, To be used on aircraft of the designated airline of the other Contracting Party providing international air services, departing from that territory, even if those ships' stores are intended to be used on A fraction of the voyage over the territory of the Contracting Party in which they are taken on board;
-the usual equipment, ground equipment and spare parts, including engines, introduced on the The territory of a Contracting Party for the maintenance, maintenance, repair, supply, loading and unloading of the aircraft of the designated airline of the other Contracting Party providing services International air carriers;
-fuel, lubricants and consumable technical supplies introduced or supplied in the territory of a Contracting Party for use in the aircraft of the air transport undertaking Designated by the other Contracting Party providing international air services, even if such supplies are intended to be used on a part of the voyage over the territory of the Contracting Party in which they have Taken on board;
-commercial equipment of any kind including, but not limited to, banknotes and computer equipment, including spare parts, necessary for the activity of the designated airline of one of the Contracting Parties in the territory of the other Contracting Party;
-advertising objects and printed documents for advertising introduced in the territory of a Contracting Party for distribution Free.
3. The equipment and supplies referred to in paragraphs 1 and 2 of this Article may be required to be placed under the supervision or control of the competent
. The exemptions provided for in this Article shall also be granted if the designated airline of one of the Contracting Parties has contracted with another air transport undertaking which also benefits from the same Exemptions on the part of the other Contracting Party for the making available or transfer in the territory of the other Contracting Party of the objects specified in paragraphs 1 and 2 of this Article.
Article 12
Relations Between Designated Air Transport Companies
All trade and technical matters, not covered by this Agreement or other agreements between the Contracting Parties, relating to The operation of services and the transport of passengers, baggage, goods and mail on authorised services, as well as matters relating to commercial cooperation, in particular the establishment of timetables, capacity and Frequency of flights shall be the subject of an agreement between the airlines designated by the Contracting Parties. The agreement between the designated airlines and any changes that may be made to them shall be subject to the approval of the Aviation Authorities of the Contracting Parties.
Article 13
Administrative Procedures
1. None of the Contracting Parties shall impose any regulatory obligations incompatible with the purposes of this Agreement on the designated airline of the other Contracting Party. Each Contracting Party shall endeavour to minimize administrative procedures imposed by national and local regulatory obligations, procedures or laws.
2. The designated airline of one of the Contracting Parties shall not be subject to regulatory obligations or more binding administrative procedures than those imposed by the other Contracting Party to the undertaking of Air Transport that it has designated for the execution of similar international air services.
Article 14
Commercial representation of designated airlines
1. Each Contracting Party shall accord, on the basis of reciprocity, the designated airline of the other Contracting Party the right to maintain in its own territory the technical, operational, administrative and administrative services Business or other, necessary to its activity.
2. The designated airline of each Contracting Party shall have the right, in accordance with the laws and regulations of the other Contracting Party concerning entry, residence and employment, to bring and maintain in the territory of The other Contracting Party its own management, commercial, technical, operational and other specialized personnel necessary for the provision of air
. The designated airline of each Contracting Party shall have the right, in accordance with the laws and regulations in force, to establish offices in the territory of the other Contracting Party for the purpose of promoting air transport.
4. Each Contracting Party shall accord, on a reciprocal basis, the necessary personnel of the designated air transport undertaking of the other Contracting Party for authorisations to access its territory, at the airport, to the areas concerned by The operations of the designated airline of the other Contracting Party and the aircraft, crew, passengers and goods of the other Contracting Party.
5. In addition, each Contracting Party shall permit entry into its territory for short periods not exceeding ninety (90) days, in accordance with its laws and regulations in force, of additional personnel temporarily required by The designated airline of the other Contracting Party for the normal performance of its activities.
6. The Contracting Parties shall ensure that passengers, irrespective of their nationality, when they purchase their tickets have the free choice of the carrier and the freedom to purchase these banknotes in local currency or in freely convertible currency. These principles also apply to the carriage of goods.
7. On the basis of reciprocity, the designated undertaking of each Contracting Party shall be permitted, in the territory of the other Contracting Party, to proceed in the currency of that territory or any freely convertible currency on its own securities Transport, the sale of air transport of passengers or goods in its own offices and through freely chosen accredited agents. It is authorized, in order to do so, to hold on its own behalf in the territory of the other Contracting Party, bank accounts opened in the currency of either Contracting Party or in any freely convertible currency, and Its choice.
Article 15
Ground Services
1. The designated airline of a Contracting Party shall load the designated airline of the other Contracting Party, or a service provider designated by the other Contracting Party, to provide its services in stopover on the Territory of the other Contracting Party. It benefits from services equivalent to those provided to air transport undertakings offering similar international air services.
2. Once the Contracting Parties have jointly found that they exist on their The designated air transport undertakings may derogate from the provisions of paragraph 1 of this Article.
3. Assistance rates shall be negotiated on the basis of the actual costs recorded in the territory of each Contracting Party and the quantitative and qualitative characteristics of the services offered respectively; they shall not be revised With at least thirty (30) days' notice.
Article 16
Transfer of surplus revenue
1. The designated airline of each Contracting Party shall, on a reciprocal basis, have the right to convert and transfer to its country, on request, the excess of local revenue in relation to local expenditure. Conversion and transfer shall be authorized promptly, without restriction or taxation, at the exchange rate applicable to the transaction and to the transfer at the time the request was made.
2. The designated airline of a Contracting Party shall have the option of using all or part of its surplus income earned in local currency in the territory of the other Contracting Party for the payment in local currency of All expenses incurred as a result of carrier activity and land benefits directly related to air travel.
3. To the extent that the payment service between the Contracting Parties is governed by a special agreement, it is applicable.
Article 17
Rates
1. The rates to be applied by the designated airline of a Contracting Party for the carriage of traffic to or from the territory of the other Contracting Party shall be established at reasonable rates, taking into account the All elements of assessment, including all operating costs, a reasonable profit, as well as tariffs charged by other air transport undertakings. The aeronautical authorities of both Contracting Parties shall ensure compliance by the designated airlines of the criteria defined above.
2. If the aeronautical authorities of one of the Contracting Parties consider that one or Tariffs charged by the designated airline of the other Contracting Party do not meet the criteria set out in paragraph 1 of this Article, they may, without prejudice to the application of the provisions of Article 5 of the Agreement, request consultations on this matter with the aeronautical authorities of the other Contracting Party. These consultations shall be held within thirty (30) days of the request.
3. The tariffs referred to in paragraph 1 of this Article shall, if possible, be fixed by mutual agreement between the designated airlines of the Contracting Parties. The designated airlines shall, where possible, set such tariffs in accordance with the procedure established by IATA or similar body.
4. The agreed rates shall be subject to the express approval of the aeronautical authorities of both Contracting Parties at least sixty (60) days before the scheduled date for their application. In special cases, this period may be reduced with the agreement of the said Authorities. The aeronautical authorities shall notify their decision on such tariffs to designated airlines within thirty (30) days of their filing.
5. If tariffs cannot be fixed in accordance with the provisions of paragraph 3 of this Article, the aeronautical authorities of one of the Contracting Parties shall inform the aeronautical authorities of the other Contracting Party of their disagreement with In respect of all tariffs established in accordance with the provisions of paragraph 3 of this Article, the aeronautical authorities of both Contracting Parties shall endeavour to determine tariffs by mutual agreement. Such consultations shall be held within thirty (30) days after disagreements have been identified.
6. If the aeronautical authorities of both Contracting Parties are unable to agree to the tariffs submitted to them in accordance with paragraph 4 of this Article, or to determine tariffs in accordance with paragraph 5 of the Dispute shall be governed by the provisions of Article 23 of this Agreement.
7. Tariffs established in accordance with the provisions of this Article shall remain in force until new tariffs are set. However, the validity of the tariffs may not be extended under this subsection beyond twelve (12) months after the date on which it should have expired.
Section 18
Program Approval
1. The operating program of the designated airline of each Contracting Party shall be submitted for approval to the aeronautical authorities of the other Contracting Party.
2. This program shall be communicated at least thirty (30) days Prior to commencement of operation, including schedules, frequency of services, types of devices used and their configuration.
3. Any subsequent changes are subject to the approval of the aeronautical authorities of the other Contracting Party.
Article 19
Transit
1. Passengers in transit through the territory of a Contracting Party shall be subject to a simplified control.
2. Baggage and goods in transit through the territory of a Contracting Party shall be free of all customs duties, Inspection fees and similar fees.
Article 20
Statistics
The aeronautical authorities of a Contracting Party shall, at their request, provide the aeronautical authorities of the other Party Contracting for Statistics or similar information relating to the operation of authorized services.
Article 21
Aviation Security
1. In accordance with their rights and obligations under international law, the Contracting Parties affirm that their obligation to protect, in their mutual relations, the safety of civil aviation against acts of unlawful interference, Form an integral part of this Agreement.
2. The Contracting Parties shall provide each other, upon request, with all necessary assistance to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the Security of these aircraft, their passengers and crews, airports and air navigation facilities and services, and any other threat to the security of civil aviation.
3. The Contracting Parties shall act in accordance with the provisions of the Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September 1963, of the Convention for the Suppression of Capture Signed at The Hague on 16 December 1970, of the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 September 1971, of the Protocol for the Suppression of Unlawful Acts of Violence at airports serving international civil aviation, signed at Montreal on February 24, 1988, and provisions of the agreements in force between the Contracting Parties.
4. The Contracting Parties, in their mutual relations, shall act in accordance with aviation security standards and, to the extent that they apply them, to the best practices established by the International Civil Aviation Organization and Designated as Annexes to the Convention relating to the International Civil Aviation; they require operators having the principal place of business or permanent residence on their territory and of the operators of airports located on Their territory, whether they act in accordance with those provisions relating to aviation security. In this paragraph, the reference to aviation security standards shall include any difference notified by the Contracting Party concerned. Each Contracting Party shall inform the other Contracting Party of its intention to notify any difference concerning those standards.
5. Each Contracting Party agrees that its air transport undertakings may be required to comply with the aviation security provisions referred to in paragraph 4 of this Article that the other Contracting Party Prescribe, in accordance with Article 7 of this Agreement, for entry, exit or residence in the territory of that other Contracting Party. Each Contracting Party shall ensure that effective measures are taken on its territory to protect aircraft, to ensure the inspection of passengers and their baggage and to carry out the appropriate checks on crews, the Cargo and cargo before and during boarding or loading. Each Contracting Party shall also act with a positive spirit in response to any request from the other Contracting Party with a view to ensuring that reasonable special security measures are taken to deal with a threat
6. In the event of an incident or threat of unlawful seizure of aircraft or other unlawful acts against the safety of passengers, crews, aircraft, airports and air navigation facilities, the Parties shall Contracting Parties shall assist each other by facilitating communications and other appropriate measures designed to promptly and safely terminate this incident or threat of incident.
7. Where a Contracting Party has reasonable grounds to believe that the other Contracting Party has deviated from the aviation safety provisions of this Article, it may request immediate consultations with the other Party Contracting Party. Without prejudice to the provisions of Article 5 of this Agreement, the failure to reach a satisfactory agreement within fifteen (15) days from the date of receipt of such a request for consultations shall constitute a ground for Suspension of the rights of the two Contracting Parties under this Agreement, within ninety (90) days. If this is justified by an emergency case presenting a direct and exceptional threat to the safety of passengers, crew or aircraft of one of the Contracting Parties and if the other Contracting Party has not adequately fulfilled Obligations under paragraphs 4 or 5 of this Article, a Contracting Party may take immediate appropriate protective measures to deal with the threat. Any action taken in accordance with this paragraph shall be suspended as soon as the other Contracting Party has complied with the provisions of this Article.
Article 22
Amendments and amendments
1. In the spirit of close cooperation, the aeronautical authorities of the Contracting Parties shall consult each other as necessary in order to ensure that the provisions of this Agreement and its Annex are complied with and complied with. Such consultations shall begin as soon as possible and within a period of less than sixty (60) days from the date on which the other Contracting Party has received the request, unless otherwise agreed.
2. Provisions of this Agreement or its Annex may be amended either by an exchange of correspondence or by means of consultations. Such consultations shall begin as soon as possible and within a period of less than sixty (60) days from the date on which the other Contracting Party has received the request, unless otherwise agreed.
3. If either Contracting Party wishes to amend the provisions of the Annex to this Agreement, the exchange of correspondence or consultations provided for in paragraph 2 of this Article shall take place between the aeronautical authorities of the Parties
4. Amendments to this Agreement and its Annex agreed between the Contracting Parties in accordance with the provisions of paragraphs 2 and 3 of this Article shall enter into force on a provisional basis on the day of their signature and shall be confirmed by a Exchange of diplomatic notes.
Article 23
Dispute Settlement
1. In the event of a dispute between the Contracting Parties concerning the interpretation or application of this Agreement, the Contracting Parties shall first endeavour to resolve them by direct negotiation.
2. Contracting Parties may not reach a settlement by negotiation, they may refer the dispute to a person or body agreed upon or, at the request of one of the Contracting Parties, to the decision of a court Composed of three arbitrators. Each Contracting Party shall appoint one arbitrator, while the third, which shall not have the nationality of one of the Contracting Parties, shall be chosen by the other two and shall assume the functions of the President of the Tribunal. Each Contracting Party shall designate its arbitrator within sixty (60) days from the submission by one of the Contracting Parties of a diplomatic note requesting arbitration of a dispute; the third arbitrator shall be selected in the Forty-five (45) days following the designation of the first two. If either Contracting Party has not designated its arbitrator within sixty (60) days or if an agreement on the choice of the third arbitrator cannot be obtained within the time limit set out above, the President of the Aviation Organization shall May be requested by one of the Contracting Parties to make the necessary designations.
3. The arbitration tribunal shall determine its procedures freely. Each Contracting Party shall bear the costs of the arbitrator appointed by the Contracting Party. Other expenses are equally distributed among the Contracting Parties.
4. Contracting Parties shall comply with any decision made pursuant to paragraph 2 of this
. In all cases where one of the Contracting Parties does not comply with the decision made pursuant to paragraph 2 of this Article as remains of that non-conformity, the other Contracting Party may limit, suspend or revoke The exercise of the rights or privileges granted under this Agreement to the defaulting Contracting Party.
Article 24
Adaptation to multilateral conventions
This Agreement and its Annex Are made compatible with any convention of a multilateral nature which would be binding on both the Contracting Parties.
Article 25
Denunciation
Each Contracting Party may Time to notify the other Contracting Party by diplomatic means the denunciation of this Agreement. This notification shall be communicated at the same time to the International Civil Aviation Organisation. In such case, the Agreement shall end 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 expiration of that period. Failing acknowledgement of receipt by the other Contracting Party, the notification shall be deemed to have been received fifteen (15) days after the date of its receipt by the International Civil Aviation Organization.
Article 26
Registration with the
Civil Aviation Organization
This Agreement and its Annex are registered with the International Civil Aviation Organization.
Article 27
Entry into Force
Each Contracting Party shall notify the other Contracting Party of the completion of the required constitutional procedures for the entry In force of this Agreement, which shall take effect on the date of receipt of the last notification. The provisions of this Agreement shall enter into force on a provisional basis at the date of signature of this Agreement.
In witness whereof, the representatives of the two Governments, duly authorized to that effect, have signed this Agreement
Zagreb, on January 27, 1997, in duplicate, each in French and Croatian, both texts being equally authentic.
For the Government of
of the French Republic:
Bernard Pons
Minister of The equipment,
for housing,
for transport and tourism
For the Government
of the Republic of Croatia:
Zelko Luzavec
Minister of Transport
A N N E X E
TABLE OF ROUTES
1. Route that may be served by the French designated airline: from France to Zagreb and/or another point in Croatia (1) and vice versa.
2. Route that can be served by the Croatian designated airline: Croatia to Paris or another point in France (2) and vice versa.
Done at Paris, May 11, 2005.
Jacques Chirac
By the President of the Republic:
First Minister,
Jean-Pierre Raffarin
Foreign Minister,
Michel Barnier
