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Decree No. 2005-514 Of 11 May 2005 On The Publication Of The Agreement On Air Transport Between The Government Of The French Republic And The Government Of The Republic Of Azerbaijan (Set An Annex), Signed In Paris On 19...

Original Language Title: Décret n° 2005-514 du 11 mai 2005 portant publication de l'accord relatif aux transports aériens entre le Gouvernement de la République française et le Gouvernement de la République azerbaïdjanaise (ensemble une annexe), signé à Paris le 19 ...

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BUSINESS FOREIGN, INTERNATIONAL AGREEMENT, BILATERAL AGREEMENT, FRANCE, AZERBAIJANI PUBLIC, TRANSPORT, AIR TRANSPORT, CIVIL AVIATION, AIR TRANSPORT, AIR TRANSPORT COMPANY, AIR TRAFFIC, OPERATION, AUTHORIZATION, LICENSING, PROGRAM, ORGANIZATION , AIR SAFETY, TARIFF, PRICING, COMPETENT AUTHORITY



JORF n ° 116 of 20 May 2005 page 8763
text number 43




Decree n ° 2005-514 of 11 May 2005 on the publication of the Air Transport Agreement between the Government of the French Republic and the Government of the Republic of Azerbaijan (together an annex), signed in Paris on 19 June 1997 (1)

NOR: MAEJ0530020D ELI: https://www.legifrance.gouv.fr/eli/decret/2005/5/11/MAEJ0530020D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2005/5/11/2005-514/jo/texte


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;
Given Decree No. 47-974 of 31 May 1947 of publication 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 the France,
Describes:

Article 1


The Air Transport Agreement between the Government of the Republic French and the Government of the Republic of Azerbaijan (together an annex), signed in Paris on 19 June 1997, will be published in the Official Journal of the French Republic.

Article 2


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.


Appendix


A C C O R D


RELATING TO AIR TRANSPORT BETWEEN THE GOVERNMENT OF THE FRENCH REPUBLIC AND THE GOVERNMENT OF THE REPUBLIC OF AZERBAIJAN (AN ANNEX)
The Government of the Republic French and the Government of the Republic of Azerbaijan, hereinafter referred to as the Contracting Parties,
Being parties to the Convention on International Civil Aviation opened for signature at Chicago on 7 December 1994 and
Désireux To conclude a complementary agreement of the said Convention for the establishment of air services between and beyond their respective countries,
have agreed as follows:


Article 1
Definitions


For the purposes of this Agreement, unless otherwise specified:
1. The term " Convention " Means the Convention on International Civil Aviation opened for signature at Chigaco 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 this Convention, insofar as these Annexes or amendments have been ratified or made effective by the Contracting
. 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 Azerbaijan, the Ministry of Transport, or any person or body authorised by one of the Contracting Parties to provide any of the functions currently performed by the French Civil Aviation Directorate or the Ministry of Transport of the Republic of
. The term " Territory " As defined in Article 2 of the Convention.
4. The expression " Designated airline company " Means an air transport undertaking designated and authorized in accordance with Article 4 of this
. 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 road table annexed to this Agreement.
7. The expression " Approved services " Means international air services which, in accordance with this Agreement, may be established on specified routes.
8. The term " Fare " Means the price paid for the carriage of passengers, baggage, goods on scheduled air services, applied by air transport undertakings and their agents, and the conditions of its application, including the commissions Agencies and other ancillary services. This term does not apply to mail transport.
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 an integral part of this Agreement.


Article 2
Provisions of the Chicago Convention 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:
(a) To fly over the territory of the other Contracting Party without y Land;
(b) Perform 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 Territory of the other Contracting Party to the points indicated on the specified routes in order to embark or disembark passengers, cargo or mail on mixed services or any cargo to or from the territory of the Party Designated.
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, of the goods and 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 the designated airline of the other Contracting Party or any other An air transport undertaking providing similar international services.


Article 4
Designation and approval of
air carriers


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 that designation, and subject to the provisions of paragraphs 3 and 4 of this Article, the aeronautical authorities of the other Contracting Party shall accord without Time to the air transport undertaking designated in accordance with the provisions of paragraph 1 of this Article the necessary operating authorisations.
3. Each Contracting Party shall have the right to refuse the designation of an air transport undertaking by the other Contracting Party provided for in this Article, or to impose conditions which may be deemed necessary for the exercise by The air transport undertaking concerned of the rights specified in 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 between the The Contracting Party having designated the undertaking concerned or its nationals.
4. In order to ensure fair and equal opportunities, the aeronautical authorities of one of the Contracting Parties may require that the air transport undertaking designated by the other Contracting Party shall, at any time, provide evidence that it is Even to comply with the provisions of this Agreement and, in a normal and reasonable manner, the conditions prescribed by its laws and regulations concerning technical and financial aptitude as applied to the transport undertaking Designated by that Contracting Party for the operation of the same international air services.
5. Where an air transport undertaking has been so designated and authorized, it may commence operations at any time, subject to compliance with the other provisions of 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 Section 4;
-in all cases where this 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 of the date of their application by one of the Contracting Parties, unless otherwise agreed.


Article 6
Principles Governing Operating licensed services


1. For the operation of the approved services, each Contracting Party shall ensure that the air transport undertaking it designates takes into account the interests of the designated airline of the other Contracting Party in order to Not unduly affect the services provided by the latter on all or part of the common routes.
2. Each Contracting Party shall guarantee to the designated airlines of both Contracting Parties the possibility of To have fair and equitable opportunities for the exploitation of the approved services covered by this Agreement. Each Contracting Party shall ensure that the air transport undertaking it has designated operates under conditions permitting compliance with this principle.
3. Authorised services operated by the designated airlines of the Contracting Parties shall be closely adapted to the public's demand for transport on the specified routes and shall have the primary purpose of offering 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 two Contracting Parties.
4. The above capacity shall also be apportioned between the designated airlines of the Contracting Parties operating the approved services.
5. 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. After agreement between the designated companies, this additional capacity will be subject to the approval of the Aviation Authorities of the Contracting Parties.


Article 7
Application of laws 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 the Aircraft of the designated airline of the other Contracting Party during their stay in the territory of the first Contracting Party.
3. The above acts and regulations are the same as those applied to domestic aircraft employed in similar international air services.


Article 8
Certificates, Certificates of Fitness and Licenses


1. Certificates of airworthiness and certificates of fitness issued or validated by a Contracting Party shall be recognized as valid by the other Contracting Party for the purpose of operating the approved services on the routes specified in Annex I to the present Agreement as well as non-scheduled international air services, provided that the conditions for obtaining such certificates and patents are not less stringent than those prescribed in the Convention.
2. Each Contracting Party shall Reserve, however, the right not to recognize valid certificates of fitness and licenses issued to its own nationals by the other Contracting Party or by a State for the overflight of its territory and landing in its territory Third Party.


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 the 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 those measures, 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 on designated airlines for the use of public airports, safety and air navigation facilities, and other installations controlled by They are fair, reasonable, non-discriminatory and equitably distributed among the categories of users. They are not higher than those paid for the use of such airports and other facilities by any air transport undertaking providing similar international air services.
2. To reflect, but not to exceed, a fair proportion of the total cost borne by the competent authorities, for the provision of the facilities and services of airports and those of aviation security and navigation. Facilities and services for which royalties are collected shall be made available or provided on an efficient and economic basis. The competent authorities of each Contracting Party shall notify the air transport undertaking designated by the other Contracting Party of any significant changes in the fees at least six (6) months prior to the entry into The expected strength of such changes. The competent authorities of each Contracting Party shall notify the designated airline of the other Contracting Party of the decision to make such changes within a reasonable period of time before their entry into force. Each Contracting Party shall promote consultations between the competent authorities on its territory and the air transport undertakings using services and facilities in the event of a fee
. In addition, for airports, facilities and services not controlled by national authorities, each Contracting Party shall ensure that the competent authorities comply with the obligations contained in this Article.


Article 11
Customs duties and taxes


1. On arrival in the territory of one of the Contracting Parties, the aircraft of the designated Contracting Party of the other Contracting Party providing international air services, their usual equipment, ground equipment, Fuel, lubricants, consumable technical supplies, spare parts including engines, ships' stores including, but not limited to, food, beverages and alcohol, tobacco and others 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 services International air carriers are exempt, on a reciprocal basis, from all import restrictions, taxes on property rights and taxes on capital, customs duties, excise duties and the like fees Imposed by the national or local authorities, provided that such equipment and supplies remain on board aircraft.
2. Are also exempt, on a reciprocal basis, from the taxes, duties and taxes referred to in paragraph 1 of this Article, with the exception of charges based on the cost of the service provided:
(a) 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 an aircraft Part of the voyage over the territory of the Contracting Party in which they are taken on board;
(b) Ground equipment and spare parts, including engines, introduced in 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 international air services;
(c) The Fuel, lubricants and consumable technical supplies introduced or supplied in the territory of a Contracting Party for use in the aircraft of the designated airline of 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 were taken on board;
(d) Equipment Trade 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;
e) Printed documents intended for advertising including, but not limited to, timetables, brochures, printed matter, illustrated on the territory of a Contracting Party which are intended to be Distributed free of charge for the advertising of the designated airline of the other Contracting Party;
(f) Advertising objects and souvenirs introduced by the designated airline in the territory of the other Contracting Party to be distributed free of charge;
g) Equipment introduced in the territory of a Contracting Party which is necessary for the development and operation of the offices, by the designated airline of The other Contracting Party including furniture, typewriters and telecommunications equipment used in the premises of the airports served.
3. 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 authorities.

4. The exemptions provided for in this Article shall also be granted if the designated arenal transport undertaking of one of the Contracting Parties has entered into a contract with an air transport undertaking which also has the same exemptions from The share of the other Contracting Party, for the purpose of making available or transferring the objects specified in paragraphs 1 and 2 of this Article to the territory of the other Contracting Party.


Article 12
Relations Between


All commercial and technical matters, not covered by this Agreement or other agreements between the Contracting Parties, relating to the operation of Services and the carriage of passengers, baggage, goods and mail on authorised services, as well as matters concerning commercial cooperation, in particular the establishment of timetables, of capacity in accordance with the provisions of the Article 6, paragraph 4, of this Agreement, of the frequency of flights shall be the subject of an agreement between the air transport undertakings designated by the Contracting Parties. This agreement and any changes to it are subject to the approval of the aeronautical authorities.


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 laws and obligations.
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.


Item 14
Representation of designated


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 or other services Other, necessary for its activities.
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, to the necessary representatives of the designated airline of the other Contracting Party the right of free access to the airport, to the areas concerned by the operations of The aircraft, crew and passengers of the designated airline.
5. In addition, each Contracting Party shall permit entry into its territory of the personnel required by the designated airline of the other licensor for the normal performance of its activities.
6. The Contracting Parties shall ensure that passengers, irrespective of their nationality, when they purchase their tickets, for the journeys made on the approved services, have the free choice of the carrier and the free option to purchase these tickets In local currency or in freely convertible currency for authorised services and for their domestic continuation in the territory of destination. These principles also apply to the transportation of goods.


Item 15
Stopover Services


1. The designated airline of a Contracting Party shall, in principle, be responsible for the designated airline of the other Contracting Party to provide ground handling services in the territory of the other Contracting Party.
2. Rates of assistance 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 may be revised only with Thirty (30) days' notice.


Article 16
Transfer of revenue surpluses


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 no later than sixty (60) days after the date of the transfer request, without restriction or taxation, at the exchange rate applicable to the transaction and to the transfer at the time the request was made.
2. Notwithstanding the provisions of paragraph 1 of this Article, the designated air transport undertaking of a Contracting Party shall have the opportunity to use 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 by its carrier activity.
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 tariffs to be applied by the designated airline of a Contracting Party for the carriage of passengers, baggage and goods to or from the territory of the other Contracting Party shall be established at Reasonable rates, taking into account all factors of appreciation and, in particular, all operating costs, a reasonable profit, and the rates charged by other air transport undertakings. The aeronautical authorities shall ensure compliance with the criteria set out above.
2. If the aeronautical authorities of one of the Contracting Parties consider one or more of the tariffs to be charged by the designated airline of the other Contracting Party shall not meet the criteria set out in paragraph 1 of this Article, and may, without prejudice to the application of the provisions of Article 5 of this Agreement, request consultations on this subject to the 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, where possible, be fixed by mutual agreement between the designated airlines of the Contracting Parties, after consulting the air transport undertakings serving all or all Part of the same routes.
4. The agreed rates shall be subject to the express approval of the Aviation Authorities of both Contracting Parties at least thirty (30) days before the scheduled date for their application. In special cases, this period may be reduced subject to the agreement of those authorities.
5. If tariffs cannot be fixed in accordance with the provisions of paragraph 3 of this article, or if the aeronautical authorities of one of the Contracting Parties shall communicate to the aeronautical authorities of the other Contracting Party of their In respect of any tariff established in accordance with paragraph 3 of this Article, the Aviation Authorities of both Contracting Parties shall endeavour to determine tariffs by mutual agreement.
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 programmes of the designated airlines shall be submitted for approval to the aeronautical authorities.
2. These programmes shall be communicated at least thirty (30) days before the start of the operation and shall include, inter alia, the Schedules, frequency of services, types of devices used, and their configuration.
3. Any changes are subject to approval by the aeronautical authorities.


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 shall be free of all customs duties, inspection fees and similar taxes.


Article 20
Statistics


The aeronautical authorities of a Contracting Party shall provide the aeronautical authorities of the other Contracting Party, at their request, with statistics or other similar information Operating on 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 connotes acts of unlawful interference, form
Contracting Parties shall provide each other, upon request, with all necessary assistance to prevent acts of unlawful capture of civil aircraft and other unlawful acts directed against security Of such 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.

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 on International Civil Aviation; they require air transport undertakings having the principal place of business or permanent residence on their territory and operators Airports located within their territory, that 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 appropriate checks on crews, Goods and ships' stores 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 derogated from the aviation safety provisions of this Article, the first Contracting Party may request consultations Of the other 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 Its obligations under paragraphs 4 or 5 of this Article, that 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 Aviation Authorities of the Contracting Parties shall consult as appropriate in order to ensure compliance with the provisions of this Agreement and its Annexes.
2. The provisions of this Agreement or its Annex may be amended either by an exchange of correspondence or through 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 only Annexes to this Agreement, the exchange of correspondence or consultations provided for in paragraph 2 of this Article shall take place between the aeronautical
. Amendments to this Agreement and its Annexes agreed in accordance with 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 an exchange of 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 Sixty (60) days following the designation of the first two. If one of the Contracting Parties has not appointed 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. 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 given in accordance with paragraph 2 above and as long as that non-conformity remains, the other Contracting Party may limit, suspend or revoke the exercise Rights granted under this Agreement to the defaulting Contracting Party.


Article 24
Adaptation to multilateral conventions


This Agreement and its Annexes are made compatible With any convention of a multilateral nature which would be binding on both Contracting Parties.


Article 25
Denunciation


Each Contracting Party may notify the other at any time Contracting Party by diplomatic means the denunciation of this Agreement. Such notification shall be communicated at the same time to the International Civil Aviation Organization. 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 Annexes are registered with the International Civil Aviation Organization.


Article 27
Entry into force


Each Contracting Party shall notify the other of the completion of the constitutional procedures required for the entry into force of this Agreement, which shall take effect on the date of receipt of the last notification. The provisions of this Agreement shall apply provisionally on the date of signature.
In witness whereof, the representatives of the two Governments, duly authorized to that effect, have signed this Agreement.
Done at Paris, 19 June 1997, in duplicate, each in the French and Azerbaijani languages, both texts being equally authentic.


For the Government of
of the French Republic:
Jean-Claude Gayssot
Minister of The equipment,
for transport and accommodation
For the Government
of the Republic
Azerbaijan:
Djakhanguir Askerov
Director General
de la Compagnie nationale
airborne azeri
A N N E X E I
TABLE OF ROADS


1. Route that can be served by the French designated airline:
From France, via an intermediate point at the choice of the French part, to Baku and beyond to two points in the Commonwealth of Independent States or in Asia, at the choice of the French Party.
2. Route that can be served by the Azerbaijani designated airline:
From Azerbaijan, via an intermediate point at the choice of the Azerbaijani Party, to Paris, and beyond To two points in Europe at the choice of the Azerbaijani Party.

(a) The airlines designated by the Contracting Parties may, at their convenience, on all or part of their passenger or cargo services: - omit from Stopovers in one or the points of approved routes; - serve points on routes approved according to the combination and order of their choice; - complete their flights in the territory of the other Contracting Party or beyond, provided that the Services have their point of origin or destination in the territory of the Contracting Party that has designated the air transport undertaking. (b) The traffic rights between the intermediate points or beyond mentioned in the table of routes and the territory of a Contracting Party shall not be granted to the designated airline of the other Contracting Party only after Exchange of correspondence or consultations between the aeronautical authorities. (c) The airlines designated by the Contracting Parties may, at their convenience, on all or part of their cargo services, serve one or more intermediate points and beyond not mentioned in the table of routes, without Traffic rights between these points and the territory of the other Contracting Party.


Done at Paris, May 11, 2005.


Jacques Chirac


By the President of the Republic:


Prime Minister,

Jean-Pierre Raffarin

The Minister for Foreign Affairs,

Michel Barnier


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