Key Benefits:
The President of the Republic,
On the Prime Minister's Report Minister for Foreign Affairs,
Having regard to Articles 52 to 55 of the Constitution;
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,
:
The Air Services Agreement between the Government of the French Republic and the Government Of the Republic of Maldives (together an annex), signed in Malé on 5 February 2001, will be published in the Official Journal of the French Republic.
Prime Minister and Minister for Foreign Affairs Shall each be responsible for the execution of this Decree, which shall be published in the Official Journal of the French Republic.
A C C O R D
RELATED TO AIR SERVICES BETWEEN THE GOVERNMENT OF THE FRENCH REPUBLIC AND THE GOVERNMENT OF THE REPUBLIC OF MALDIVES (ENSEMBLE ONE ANNEX)
The Government of the French Republic And the Government of the Republic of Maldives hereinafter referred to as " Contracting Parties ",
Being Parties to the Convention on International Civil Aviation opened for signature at Chicago on 7 December 1944; and
Desiring to conclude an agreement supplementing the said Convention in order to establish Air services between their respective territories and beyond,
have agreed to the following provisions:
Article 1
Definitions
For the purposes of this Agreement, unless otherwise provided :
1. The term " Convention " Means the Convention on International Civil Aviation opened for signature at Chicago on 7 December 1944 and includes any amendment entered into force under Article 94 of the said Convention and ratified by both Contracting Parties And any annex or amendment to an Annex adopted under Article 90 of the Convention, to the extent that this Annex or amendment is in force at the time considered for both
. The expression " Aeronautical Authorities " Means, for the French Republic, the Directorate-General for Civil Aviation and, for the Republic of Maldives, the Ministry of Transport and Civil Aviation or, in both cases, any person or body authorised to exercise the Functions currently performed by such authorities or similar functions.
3. The expression " Designated airline " Means an air transport undertaking designated and authorized in accordance with Article 3 of this
. The term " Territory " Has the meaning assigned to it by Article 2 of the
. The expressions " Air services "," International air services, " Air transport company " And " Non-commercial stopover " Have the meaning assigned to them by Article 96 of the Convention,
. The expression " Specified routes " Means the routes specified in the road table annexed to this Agreement.
7. The expression " Approved services " Means scheduled air services for the carriage of passengers, goods and mail, separately or in combination, for a fee, on specified routes.
8. The term " Fare " Means the price to be paid, applied directly by air transport undertakings or their agents for the international carriage of passengers (and their luggage) and of goods, and the conditions governing availability Of the said tariffs, excluding prices and conditions applicable to the carriage of mail.
9. The term " Agreement " Means this Agreement, its Annexes and any amendments agreed to in accordance with the provisions of Article 19 of this Agreement.
Article 2
Grant of Rights
1. Each Contracting Party shall accord to the other Contracting Party the following rights in respect of its scheduled and non-scheduled international air services:
-the right to fly over its territory without landing;
-the right To make stopovers in its territory for non-commercial purposes.
2. Each Contracting Party shall accord to the other Contracting Party the rights specified in this Agreement for the establishment and operation of air services Of the routes specified in the Annex to this Agreement. Where they operate a designated service on a specified route, the undertaking or airlines designated by each Party shall enjoy, in addition to the rights specified in paragraph 1 of this Article, the right to perform Stopovers in the territory of the other Contracting Party at the points specified on that route in order to embark and disembark passengers and goods, including mail, separately or in combination, to or from the The territory of the Contracting Party having designated the undertaking or Air carriers.
3. Nothing in this Article shall be construed as conferring upon the air transport undertaking of a Contracting Party the right to embark on the territory of the other Party, for rental or remuneration, for passengers, their Baggage and cargo, including mail, to another location in the territory of that other Party.
Item 3
Designation and Authorization
of Air Transport Companies
1. Each Contracting Party shall have the right to designate in writing to the other Contracting Party one or more air transport undertakings in order to operate the approved services on the specified routes. Such designations shall be effected by diplomatic means.
2. Upon receipt of such designation by a Contracting Party in accordance with the provisions of paragraph 1 of this Article, and upon request of the undertaking of Designated air transport, in prescribed forms, the aeronautical authorities of the other Party shall grant, within the shortest possible time, the appropriate operating authorisations, provided that:
(a) That a substantial part of the ownership and effective control of that air transport undertaking is in the hands of the Party designating the enterprise or nationals of that Party;
(b) That the transport undertaking Designated air is capable of satisfying the conditions prescribed by the laws and regulations normally and reasonably applied to the operation of international air transportation by the Party reviewing the application (s), and
(c) Party designating the air transport undertaking shall require and apply the Standards set out in sections 8 (Safety) and 18 (Aviation Security).
3. When an airline has been so designated and authorized, it may begin to operate the approved services at any time, subject to the provisions of this Agreement.
Article 4
Revocation or Suspending an operating authorization
1. Each Party shall have the right to revoke an authorization to operate or suspend the exercise, by an air carrier 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:
(a) In all cases where it does not have the assurance that a substantial part of the ownership and effective control of that air transport undertaking is in the hands of the Contracting Party which designates it or nationals of that Contracting Party Party;
(b) Where this undertaking does not comply with the laws and regulations normally and reasonably applied to the operation of international air transportation by the granting Contracting Party;
(c) Where the other Part does not require or does not apply the standards set out in section 8 (Security) and 18 (Aviation Security).
2. Unless the revocation, suspension or imposition of the conditions referred to in paragraph 1 of this Article are immediately necessary to prevent further infringements of the laws and regulations or the provisions of this Agreement, Right shall be exercised only after consultation with the other Contracting Party. Such consultations shall take place within thirty (30) days from the date of the request of a Contracting Party, except as otherwise agreed by the Parties.
Article 5
Principles Governing Operating licensed services
1. Each Contracting Party shall ensure that designated airlines of both Contracting Parties have equitable and equal opportunities for the operation of services approved under this Agreement. Each Contracting Party shall ensure that the undertaking or the air transport undertakings it has designated operate in accordance with this principle.
2. For the operation of the approved services, each Contracting Party shall ensure that The undertaking or the air transport undertakings which it has designated shall take into account the interests of the undertaking or of the designated airlines of the other Contracting Party in order not to unduly affect the Services provided by the latter on all or part of the common roads.
3. The approved services offered by the designated airlines of the Contracting Parties shall be closely adapted to the public's demand for carriage on the specified routes and shall have the primary purpose of providing, to a Reasonable filling coefficient, consistent with the tariffs, in accordance with the provisions of Article 14 of this Agreement, a capacity commensurate with the present and reasonably foreseeable needs for the carriage of passengers, of Goods and mail to promote orderly development of Air services between the territories of the two Contracting Parties.
Article 6
Law enforcement and regulations
1. The laws, regulations and procedures of one of the Contracting Parties governing entry and residence on its territory or the exit of its territory from aircraft providing international air services or governing the operation or navigation Of the said aircraft during their presence on its territory shall apply to the aircraft of the enterprise or designated air transport undertakings (s) of the other Contracting Party and shall be observed by those aircraft at the time of entry and during the stay Of the said aircraft in the territory of that Contracting Party, At the exit of the Contracting Party.
2. When entering and staying in the territory of a Contracting Party and the exit thereof, the laws, regulations and procedures of that Contracting Party relating to admission and residence on its territory The territory or the exit of its territory of passengers, their baggage, crews and goods on board aircraft (including regulations governing entry into the territory, leave, aviation security, immigration, Passports, customs and quarantine, or, in the case of mail, the regulations Shall be complied with by such passengers, baggage, crews, cargo or mail of or on behalf of the other Party.
3. Each Contracting Party undertakes not to give preference to its own air transport undertaking in relation to the air transport undertaking designated by the other Contracting Party, in respect of the application of the laws and Regulations under this section.
Article 7
Certificates of Airworthiness, Certificates of Fitness and Licenses
1. Certificates of airworthiness, certificates of fitness and licences issued or validated by one of the Contracting Parties shall be recognized by the other Contracting Party for the purpose of operating the approved services on the routes specified under Reservation that the conditions for obtaining or validating such certificates, patents or licenses are at least equal to the minimum standards that may be established under the Convention.
2. Each Contracting Party shall, however, The right not to recognize valid for the purpose of browsing its own Certificates of fitness and licences issued to its own nationals by the other Contracting Party or by another State.
Article 8
Aviation Safety
1. Each Contracting Party may request at any time consultations concerning the safety standards applied by the other Contracting Party in the fields relating to aeronautical installations, crews, aircraft and their Exploitation. Such consultations shall take place within thirty (30) days from that request.
2. If, as a result of such consultations, a Party considers that the other Contracting Party does not require or does not actually apply in those areas of Safety standards at least equal to the minimum standards that may be established pursuant to the Chicago Convention, informs the other Party of these findings and the latter adopts corrective measures accordingly. The failure to adopt the appropriate measures by that other Contracting Party within a reasonable time and, in all cases, within fifteen (15) days or within a longer period that may be agreed upon will constitute a ground for the application of Article 4 of this
. Notwithstanding the obligations referred to in Article 33 of the Chicago Convention, it is understood that any aircraft operated by the enterprise or the air transport undertakings of a Contracting Party for services to or from the Territory of the other Contracting Party may, during its presence in the territory of the other Contracting Party, be subject to examination by the authorities representing that other Contracting Party on board and around the aircraft in order to Verify the validity of the documents of the aircraft and its crew as well as The apparent state of the aircraft and its equipment (referred to in this section as " Ground inspection "), provided that this does not result in unreasonable delays.
4. If such an inspection or series of ground inspections gives rise to:
a) Serious presumptions about the non-compliance of the aircraft or the operation of an aircraft with the minimum standards established pursuant to the Chicago Convention or
b) Serious presumptions with respect to non-adoption or Failure to apply the security standards established at the time considered under the Chicago Convention, the
Party conducting the inspection will be free to conclude, for the purposes of Article 33 of the Chicago Convention, that the Criteria for the issuance or validation of certificates, patents or licences Of the said aircraft or the operator or crew of the said aircraft were not equal to or greater than the minimum standards established at that time under the Chicago Convention.
5. If access to the ground inspection of an aircraft operated by a company or air transport undertakings of a Contracting Party, in accordance with paragraph 3 above, is refused, the other Contracting Party shall be free To infer that there are serious presumptions of the kind referred to in paragraph 4 above and draw the conclusions mentioned in that paragraph.
6. Each Contracting Party reserves the right to immediately suspend or amend the authorization to operate one or more air transport undertakings of the other Contracting Party if it concludes, following an inspection at the Soil or a series of ground inspections, denial of access for a ground inspection, consultation or other form of dialogue, that immediate action is essential for the safety of the operation of a business or Several air carriers.
7. Any action taken by a Contracting Party in accordance with paragraphs 2 or 6 above shall be suspended where the reason for the reason has ceased to exist.
Article 9
Usage Charges
1. User charges which may be collected by the competent authorities or bodies of a Contracting Party to the enterprise or air transport undertakings designated by the other Party for the use of the facilities and Airport, security, safety, air navigation and other facilities under their control shall be fair, reasonable, non-discriminatory and shall be equitably distributed among the categories of users. They shall not be higher than those imposed for the use of such services and facilities by any other air transport undertaking operating similar international services.
2. Reflect, but not exceed, a fair share of the total cost incurred for the provision of airport facilities and services, as well as for security, safety and air navigation facilities and services. Services and facilities for which royalties are collected are provided on an efficient and economic basis. Each Contracting Party shall encourage consultations on user charges between its competent authorities collecting the royalties and air transport undertakings using the services and facilities provided by those authorities. Authorities. Users should be informed of any proposed changes to user charges with reasonable notice.
Article 10
Customs duties and taxes
1. When they are in the territory of a Contracting Party, aircraft employed in international air services by the designated airlines of either Contracting Party, as well as their equipment Normal, fuel and 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 of, passengers by Limited quantities during the flight) equipment on the ground and other items intended for or used solely in connection with the operation or maintenance of aircraft providing international air service are, on a reciprocal basis, admitted Temporarily until their re-export by exemption from all customs duties, import restrictions, property taxes, capital levy, inspection fees, excise duties and any other duties and taxes imposed by National or local authorities, provided that such equipment and Supplies shall remain on board the aircraft.
2. Also exempted, on a reciprocal basis, from taxes, charges, inspection fees and charges referred to in paragraph 1 of this Article, with the exception of charges based on the cost of Services rendered:
-ships' stores introduced or supplied in the territory of one of the Contracting Parties and taken on board, within reasonable limits, for use on board aircraft departing from the undertaking or transport undertakings Designated airlines of the other Contracting Party operating international air services, even if those ships' stores are intended to be used on a part of the journey carried out over the territory of the Contracting Party in They are taken on board;
-normal equipment, parts Spare parts, including engines, introduced in the territory of a Contracting Party for the maintenance, maintenance, repair and supply of aircraft of a designated airline of the other Contracting Party Providing international air services;
-fuels, lubricants and consumable technical supplies introduced or supplied in the territory of a Contracting Party for use on board an aircraft of a transport undertaking Designated air of the other Contracting Party providing for International air services, even if such supplies are intended to be used on part of the voyage over the territory of the Contracting Party in which they are taken on board;
-printed and material Promotional and advertising including, but not limited to, timetables, brochures, printed matter introduced in the territory of a Contracting Party and intended to be distributed free of charge by the undertaking or air transport undertakings Designated by the other Contracting Party.
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 where the undertaking or the designated airline (s) of one of the Contracting Parties has entered into a contract with another air transport undertaking The same exemptions from the other Contracting Party with a view to the loan or transfer in the territory of the other Contracting Party of the Articles referred to in paragraphs 1 and 2 of this Article.
Article 11
Business Activities
1. The designated airline (s) of a Contracting Party shall have the right, on a reciprocal basis, to establish offices in the territory of the other Contracting Party for the purpose of promoting or selling services of Air transportation, in accordance with the applicable laws and regulations of the latter Contracting Party.
2. The designated airline (s) of each Contracting Party are authorized, in accordance with the laws and regulations of the other Contracting Party relating to entry, residence and employment, to enter and stay In the territory of the other Contracting Party members of its management, operating, commercial and other specialized personnel necessary for air transport.
3. Each Contracting Party shall accord to the necessary personnel of the designated airline or undertakings of the other Contracting Party, in accordance with its laws and regulations in force, on a basis of reciprocity, of the Authorisations for access to its territory at the airport and the areas concerned by the operation of the apparatus and the processing of crews, passengers and goods of the undertaking or of the designated airlines of the other Party Contracting.
4. Each Contracting Party shall authorize on a reciprocal basis, in accordance with its laws and regulations in force, the designated airline or airlines of the other Contracting Party, enter and stay on its Territory, for short periods not exceeding ninety (90) days, the additional personnel required by the designated airline or airlines of the other Contracting Party for its activities.
5. Contracting Parties shall ensure that passengers, irrespective of their nationality, may acquire tickets to the air transport undertaking of their choice, in local currency or freely convertible currency Accepted for sale by this airline. These principles also apply to the carriage of goods.
6. On a reciprocal basis, the undertaking or the designated air transport undertakings of each Contracting Party shall be authorized (s) to carry out, in local currency or in any other freely convertible currency, the sale of tickets Air transport of passengers or goods in the territory of the other Contracting Party in their own offices and through the intermediary of accredited agents of their choice. The designated airline (s) of a Contracting Party shall be authorized (s) to open and maintain their own name in the territory of the other Contracting Party of the bank accounts opened in the currency Any of the Contracting Parties or in any freely convertible currency, at their discretion.
Article 12
Stopover Services
1. The designated airline (s) of a Contracting Party shall benefit (nt) in the territory of the other Contracting Party providing ground services equivalent to those provided to other air transport undertakings offering Similar international air services.
2. The designated airline (s) of a Contracting Party may, in the territory of the other Contracting Party, select from among authorized agents competitors their groundhandling service providers.
3. The rates for stopover services shall be based on the cost of the services provided in the territory of each of the Contracting Parties. These rates can only be reviewed with reasonable notice.
Item 13
Revenue Transfers
1. Each Contracting Party shall permit, on a reciprocal basis, the designated airline or undertakings of the other Contracting Party to convert and transfer in the country or countries of their choice, on request, the excess of Local revenue from the sale of air transport services and activities directly related to the expenses incurred in the territory of the other Contracting Party. Conversion and transfer shall be authorized promptly, without restrictions or taxation, at the exchange rate applicable to transactions and current transfers on the date on which the designated airline submits its initial request for Conversion and transfer.
2. Each Contracting Party shall permit the designated airline (s) of the other Contracting Party to use all or part of its own revenue in local currency on the Territory of that Contracting Party for the payment in local currency of All expenses related to their carrier activity (including the purchase of fuel) as well as other activities related to air transportation.
3. If the payments system between the Contracting Parties is governed by a specific agreement, that agreement applies.
Article 14
Rates
1. The tariffs to be applied by the designated airline or airlines of a Contracting Party for transport to or from the territory of the other Contracting Party shall be established at reasonable levels, in Taking due account of all relevant factors, including operating costs, a reasonable profit and the tariffs charged by other air transport undertakings. The aeronautical authorities of both Contracting Parties shall ensure compliance by designated transport undertakings with the criteria defined above.
2. If the aeronautical authorities of one of the Contracting Parties consider that one or more of the Tariff (s) proposed by a designated transport undertaking of the other Contracting Party shall not meet the criteria set out in paragraph 1 of this Article, they may request consultations on this subject to the Aeronautical Authorities of The other Contracting Party, without prejudice to the application of the provisions Article 5. Such consultations shall be held within thirty (30) days of receipt of the request.
3. The tariffs referred to in paragraph 1 of this Article may be fixed by mutual agreement between the designated airlines of the Contracting Parties. If possible, this agreement will be concluded using IATA or similar procedures.
4. The approved rates shall be subject to the approval of the Aeronautical Authorities at least thirty (30) days before the date specified for their entry into force. In special cases, this period may be reduced subject to 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, or if the Aeronautical Authorities of one of the Contracting Parties notify the Aeronautical Authorities of the other Contracting Party of their Disapproval of tariffs established in accordance with the provisions of paragraph 3 of this Article, the Aeronautical Authorities of the Contracting Parties shall endeavour to determine tariffs by mutual agreement. For this purpose, the Aeronautical Authorities of the Contracting Parties shall hold technical consultations within thirty (30) days after the request of a Contracting Party.
6. If the Aeronautical Authorities of the Contracting Parties cannot agree to approve the tariffs submitted to them in accordance with paragraph 4 of this Article, or to determine tariffs in accordance with paragraph 5 of this Article Dispute shall be settled in accordance with the provisions of Article 20 of this
. A tariff established in accordance with the provisions of this Article shall remain in force unless it is withdrawn by the undertaking or the designated airline (s) concerned, up to the term eventually fixed for validity or up to Approval of new tariffs. However, the validity of a tariff may not be extended under this paragraph beyond twelve (12) months after the date on which it should have expired, unless specifically agreed between the Contracting Parties.
Article 15
Programs
1. The programs of the designated airline or airline (s) of a Contracting Party shall be submitted for approval to the Aeronautical Authorities of the other Contracting Party.
2. (30) days at least before commencement of operation, including schedules, frequency of service, aircraft type and configuration, and number of seats available to the public.
3. Any modification of the programs of a designated airline or airline of a Contracting Party shall be subject to the approval of the Aeronautical Authorities of the other Contracting Party.
Article 16
Direct Transit Traffic
1. Passengers, luggage and goods in direct transit through the territory of a Contracting Party and who do not leave the area of the airport reserved for that purpose shall be subject only to a simplified control, except in respect of Security measures, the fight against narcotics or in special circumstances.
2. Goods and baggage in direct transit through the territory of a Contracting Party are exempt from customs duties and other taxes Similar.
Article 17
Statistics
1. The Aeronautical Authorities of each Contracting Party shall provide, or cause to be provided by their enterprise or their designated airline companies, to the Aeronautical Authorities of the other Contracting Party the statistics which may Be reasonably required for the purpose of reviewing the operation of the approved services and indicating, where possible, the origin and destination of the traffic.
Article 18
Aviation Security
1. In accordance with their rights and obligations under international law, the Contracting Parties reaffirm that their mutual obligation to protect the security of civil aviation against acts of unlawful interference forms an integral part of the Agreement. Without limiting the general scope of their rights and obligations under international law, Contracting Parties shall act in particular in accordance with the provisions of the Convention on Offences and Certain Other Acts On board aircraft, signed in Tokyo on 14 September 1963, of the Convention for the Suppression of Unlawful Seizage of Aircraft, signed at The Hague on 16 December 1970, of the Convention for the Suppression of Unlawful Acts against the Civil Aviation Safety, signed at Montreal on September 23, 1971, of the Protocol for Suppression of unlawful acts of violence at airports serving international civil aviation, complementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, opened for signature in Montreal On 24 February 1988, and any other multilateral agreement governing the security of aviation in force vis-vis the two Contracting Parties.
2. The Contracting Parties shall provide each other, upon request, with all the assistance necessary for Prevent acts of unlawful capture of civil and other aircraft Unlawful acts directed against the safety 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 their mutual relations in accordance with the aviation security provisions which have been established by the International Civil Aviation Organisation and which are designated as Annexes to the Convention relating to International Civil Aviation to the extent or to such provisions shall apply to them, they shall require operators of aircraft registered by them or operators of aircraft which have the principal headquarters of their Operating or permanent residence on their territory, and operators Airports located on their territory, that they act in accordance with these provisions on aviation security. In this paragraph, the reference to aviation security provisions shall include any discrepancy notified by the Contracting Party concerned. Each Contracting Party shall inform the other Contracting Party of its intention to notify any discrepancy concerning those provisions.
4. Each Contracting Party agrees that its aircraft operators may be required to comply with the aviation security provisions referred to in paragraph 3 of this Article required by the other Contracting Party in accordance with Article 6 of this Agreement for entry and residence on its territory or the exit of its territory. Each Contracting Party shall ensure that adequate measures are effectively applied in its territory to ensure the protection of aircraft and to inspect passengers, crew, baggage, goods, provisions of Board before and during boarding or change. Each Contracting Party agrees to consider favourably any request from the other Contracting Party with a view to establishing reasonable special security measures to deal with a particular threat.
5. In the event of an accident or threat of incident of unlawful seizure of a civilian 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 by taking other appropriate measures to promptly and safely end this incident or threat of incident.
6. If a Contracting Party has reasonable grounds to consider that the other Contracting Party has derogated from the aviation safety provisions of this Article, the aeronautical authorities of the first Party may request Immediate consultations with the other Contracting Party. Without prejudice to the provisions of Article 4 of this Agreement, the failure to reach a satisfactory agreement within fifteen (15) days from the date of receipt of such a request for consultation shall constitute a ground for Suspension of the rights of the two Contracting Parties under this Agreement, within a period not exceeding ninety (90) days. Where this is justified by an emergency case presenting a direct and exceptional threat to the safety of passengers, crews or aircraft of one of the Contracting Parties and if the other Contracting Party has not complied with Obligations under paragraph 4 or 5 of this Article, a Contracting Party may immediately take appropriate interim protective measures to deal with the threat. Any action taken pursuant to this paragraph shall be suspended as soon as the other Contracting Party has complied with the provisions of this Article.
Article 19
Consultations and amendments
1. In a spirit of close cooperation, the Aeronautical Authorities of the Contracting Parties shall consult as often as is deemed necessary in order to ensure the satisfactory application of the principles and provisions of this Agreement. Such consultations shall commence within sixty (60) days from the date of receipt of a request for consultations by a Contracting Party.
2. Each Contracting Party may request at any time for consultations To the other Contracting Party with a view to the interpretation of the provisions of this Agreement, or to make any amendments to it that it deems desirable. Such consultations may take place between the Aeronautical Authorities and take place through discussions or correspondence. These consultations begin within sixty (60) days from the date of the request for consultations by a Contracting Party.
3. Amendments to this Agreement between the Contracting Parties in accordance with the provisions of paragraph 2 of this Article shall enter into force provisionally from the date of their signature and shall be confirmed by a Exchange of diplomatic notes.
Article 20
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 settle it by direct negotiation between Authorities Aeronautics in accordance with the provisions of Article 19 of this Agreement.
2. If the Aeronautical Authorities of the Contracting Parties do not reach an agreement, the settlement of the dispute may be sought through consultations Diplomatic. Such consultations shall commence within sixty (60) days after the date of receipt of a request for consultations by a Contracting Party.
3. If the Contracting Parties fail to reach a settlement by negotiation in accordance with paragraphs 1 and 2 of this article, they may agree to submit the dispute to the decision of an agreed person or body By mutual agreement or, at the request of one of them, subject the dispute to the decision of a tribunal composed of three arbitrators. In the latter case, each Contracting Party shall appoint one arbitrator and the third, which shall not have the nationality of either Contracting Party, shall be appointed by the other two Contracting Parties and shall assume the functions of the President of the Tribunal. Each Contracting Party shall designate its arbitrator within sixty (60) days from the receipt 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 the prescribed time limit or if an agreement on the choice of the third arbitrator cannot be obtained within the prescribed period, the President of the Council of the International Aviation Organization may Be requested by either Contracting Party to make the necessary designations.
4. The arbitration tribunal freely determines its procedures.
5. Contracting Parties shall comply with any decision made pursuant to paragraph 3 of this
. In all cases where one of the Contracting Parties does not comply with the decision made pursuant to paragraph 3 of this Article and as long as that lack of conformity remains, the other Contracting Party may limit, suspend or revoke The exercise of the rights or privileges granted under this Agreement to the default Contracting Party or to the designated airline in default.
7. Each Contracting Party shall bear the costs of the arbitrator appointed by the Contracting Party. Other expenses of the arbitral tribunal are equally distributed among the Contracting Parties.
Article 21
Multilateral Conventions
If a multilateral air convention of character Dealing with air problems between the two Contracting Parties, the provisions of this Convention shall prevail. Consultations may take place in accordance with Article 19 of this Agreement for the purposes of determining the extent to which this Agreement is affected by the provisions of the Multilateral Convention.
Article 22
Denunciation
Each Contracting Party may, at any time, notify the other Contracting Party in writing, through diplomatic channels, of its decision to request the termination of this Agreement. This notification shall be communicated simultaneously 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 that 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 23
Registration with the
International Civil Aviation Organization
This Agreement shall be registered with the International Civil Aviation Organization.
Item 24
Coming into force
1. Each Contracting Party shall notify the other Contracting Party of the completion of the constitutional procedures required, as far as it is concerned, for the entry into force of this Agreement and it shall take effect on the date of receipt of the
2. The provisions of this Agreement shall enter into force on a provisional basis at the date of its signature.
In witness whereof, the representatives of the two Governments, duly authorized to that effect, have signed the present Agreement.
Done at Malé, on February 5, 2001, in duplicate, in French and English, both texts being equally authentic.
For the Government of
of the French Republic:
Marie-France Pagnier,
Ambassador of France
For the Government of
of the Republic of
:
Mahmood Razee,
Transport Minister
and Civil Aviation
A N N E X E
ROAD TABLE
1. Route that can be operated by the company or airlines designated by the French Republic:
From France via intermediate points (1) to Malé and to points beyond (1).
2. Route that can be operated By the airline or airlines designated by the Republic of Maldives:
From the Maldives via intermediate points (2) to Paris and to points beyond (2).
Done at Paris, June 16, 2005.
Jacques Chirac
By the President of the Republic:
Prime Minister,
Dominique de Villepin
The Minister for Foreign Affairs,
Philippe Douste-Blazy
