Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Considering articles 52 to 55 of the Constitution;
Having regard to the amended Decree No. 53-192 of 14 March 1953 concerning the ratification and publication of the international commitments undertaken by France;
In view of Decree No. 93-1225 of 5 November 1993 on the publication of the agreement on air transport between the Government of the French Republic and the Government of the United States of Mexico (assembly an annex), signed in Paris on 18 May 1993,
Decrete:
The agreement in the form of an exchange of letters between the Government of the French Republic and the Government of the United States of Mexico on the arrangements for the agreement of 18 May 1993 on air transport, signed in Mexico City on 13 January and 4 February 2004, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign Affairs are responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
A C C O R D
EXCHANGE OF LETTERS AGAINST THE GOVERNMENT OF THE FRENCH REPUBLIC AND THE GOVERNMENT OF THE UNITED STATES OF THE MEXICO ON AMENNAGEMENTS FOR THE AGREEMENT OF 18 MAY 1993 ON AIR TRANSPORT
FRENCH REPUBLIC
AMBASSADE DE FRANCE
MEXICO
No. 58
Mexico City, 13 January 2004.
His Excellency, Dr. Luis Ernesto Derbez Bautista, Secretario de relaciones exteriores
Excellency,
Following the exchanges between representatives of our two countries on the Agreement on Air Services between France and the United States of Mexico on 10 and 11 October 2001, I have the honour to propose, hereby, that the following articles 3 bis and 6 bis be added, respectively, following articles 3 and 6 of the Agreement signed in Paris on 18 May 1993.
If this proposal meets the approval of the Government of the United States of Mexico, I have the honour to propose that this letter and your response to it be considered to constitute an agreement between the two Governments on the developments in the Agreement on Bilateral Air Services of 18 May 1993, in accordance with Article 18 of that Agreement.
Each Contracting Party shall notify the other of the performance of the internal procedures required for the entry into force of this Agreement, which shall take effect one month after the date of receipt of the last notification.
“Article 3 bis
Trade cooperation agreements
1. Designated air carriers of a Contracting Party may operate the approved services on the routes specified in the framework of code-sharing or seat block agreements with:
(a) one or more air carriers of the other Contracting Party;
(b) one or more third country air carriers. Where such a third country would not authorize the implementation of equivalent agreements between air carriers of the other Contracting Party and other air carriers for services from, to or via such third country, the aeronautical authorities of the Contracting Party concerned shall be entitled not to approve such agreements.
In this context, it is understood that the designated air carriers of the two Contracting Parties may serve at their choice any point in the road map in the context of code-sharing agreements.
2. The application of the above provisions is subject to the fact that all air carriers involved in such agreements:
(a) hold the underlying traffic rights and comply with the provisions of the Agreement;
(b) meet the conditions prescribed by the aeronautical authorities of the Contracting Parties for the implementation of such agreements;
(c) provide passengers with appropriate information regarding these code-sharing or seat-block agreements.
3. Frequencies used for code-sharing services are not recorded as frequencies of air carriers operating.
4. Air carriers operating code-sharing services must file their draft code-sharing or control-block agreements with the aeronautical authorities of the two Contracting Parties at least forty-five (45) days prior to their entry into force. These code-sharing agreements and seating blocks are subject to approval by the aeronautical authorities of the two Contracting Parties. »
“Article 6 bis
Technical flight safety
1. Each Contracting Party may request technical consultations on safety standards in matters relating to the crews, aircraft or their operation adopted by the other Contracting Party. Such consultations shall take place within thirty (30) days of the request.
2. If, as a result of such consultations, one of the Contracting Parties discovers that the other Contracting Party does not adopt or effectively monitor security standards in any of these areas that are at least equal to the minimum standards in force in accordance with the Convention, the first Contracting Party shall notify the other Contracting Party of such conclusions and of the steps that are deemed necessary in order to comply with these minimum standards, and that other Contracting Party shall The failure by that other Contracting Party to take the appropriate measures within fifteen (15) days or in a longer period if so agreed between the Contracting Parties shall constitute a basis for the application of Article 4 of this Agreement.
3. notwithstanding the obligations referred to in Article 33 of the Convention, it is agreed that any aircraft operated by the or companies of one of the Contracting Parties, originating or destined for the territory of the other Contracting Party may, where it is located in the territory of the other Contracting Party, be inspected (called in this Article "inspection on the aircraft area), by the authorized representatives of that other Contracting Party
4. If an inspection, or a series of inspections on the traffic area, results in:
(a) substantial grounds for believing that an aircraft or aircraft operation does not meet the minimum standards in force in accordance with the Convention, or
(b) serious grounds for fearing deficiencies in the adoption and effective implementation of safety standards in accordance with the requirements of the Convention,
the Contracting Party conducting the inspection shall, for the purposes of Article 33 of the Convention, be free to conclude that the requirements under which the certificate or licences relating to that aircraft or its crew have been issued or validated, or according to which the aircraft is used, are not equal to or greater than the minimum standards in force in accordance with the Convention.
5. In the event that access to an aircraft operated by the airlines or airlines of a Contracting Party to conduct an inspection on the traffic area pursuant to paragraph 3 of this Article is denied by a representative of the airlines or airlines, the other Contracting Party is free to deduce that serious grounds of concern, of the type referred to in paragraph 4 of this Article, exist, and to draw the conclusions referred to therein.
6. Each Contracting Party reserves the right to suspend or amend the operating authorization of one or more airlines of the other Contracting Party immediately, in the event that one of the Contracting Parties reaches the conclusion, following an inspection on the area of traffic, of a series of inspections on the area of traffic, of a refusal of access for inspection on the area of traffic, of an inspection of an essential form
7. Any action applied by a Contracting Party in accordance with paragraphs 2 and 6 of this Article shall be reported as soon as the facts of this measure cease to exist. »
Article 3 bis
Trade cooperation agreements
1. Designated air carriers of a Contracting Party may operate the approved services on the routes specified in the framework of code-sharing or seat block agreements with:
(a) one or more air carriers of the other Contracting Party;
(b) one or more third country air carriers. Where such a third country would not authorize the implementation of equivalent agreements between air carriers of the other Contracting Party and other air carriers for services from, to or via such third country, the aeronautical authorities of the Contracting Party concerned shall be entitled not to approve such agreements.
In this context, it is understood that the designated air carriers of the two Contracting Parties may serve at their choice any point in the road map in the context of code-sharing agreements.
2. The application of the above provisions is subject to the fact that all air carriers involved in such agreements:
(a) hold the underlying traffic rights and comply with the provisions of the Agreement;
(b) meet the conditions prescribed by the aeronautical authorities of the Contracting Parties for the implementation of such agreements;
(c) provide passengers with appropriate information regarding these code-sharing or seat-block agreements.
3. Frequencies used for code-sharing services are not recorded as frequencies of air carriers operating.
4. Air carriers operating code-sharing services must file their draft code-sharing or control-block agreements with the aeronautical authorities of the two Contracting Parties at least forty-five (45) days prior to their entry into force. These code-sharing agreements and seating blocks are subject to approval by the aeronautical authorities of the two Contracting Parties.
Article 6 bis
Technical flight safety
1. Each Contracting Party may request technical consultations on safety standards in matters relating to the crews, aircraft or their operation adopted by the other Contracting Party. Such consultations shall take place within thirty (30) days of the request.
2. If, as a result of such consultations, one of the Contracting Parties discovers that the other Contracting Party does not adopt or effectively monitor security standards in any of these areas that are at least equal to the minimum standards in force in accordance with the Convention, the first Contracting Party shall notify the other Contracting Party of such conclusions and of the steps that are deemed necessary in order to comply with these minimum standards, and that other Contracting Party shall The failure by that other Contracting Party to take the appropriate measures within fifteen (15) days or in a longer period if so agreed between the Contracting Parties shall constitute a basis for the application of Article 4 of this Agreement.
3. notwithstanding the obligations referred to in Article 33 of the Convention, it is agreed that any aircraft operated by the or companies of one of the Contracting Parties, originating or destined for the territory of the other Contracting Party may, where it is located in the territory of the other Contracting Party, be inspected (called in this Article "inspection on the aircraft area), by the authorized representatives of that other Contracting Party
4. If an inspection, or a series of inspections on the traffic area, results in:
(a) substantial grounds for believing that an aircraft or aircraft operation does not meet the minimum standards in force in accordance with the Convention, or
(b) serious grounds for fearing deficiencies in the adoption and effective implementation of safety standards in accordance with the requirements of the Convention,
the Contracting Party conducting the inspection shall, for the purposes of Article 33 of the Convention, be free to conclude that the requirements under which the certificate or licences relating to that aircraft or its crew have been issued or validated, or according to which the aircraft is used, are not equal to or greater than the minimum standards in force in accordance with the Convention.
5. In the event that access to an aircraft operated by the airlines or airlines of a Contracting Party to conduct an inspection on the traffic area pursuant to paragraph 3 of this Article is denied by a representative of the airlines or airlines, the other Contracting Party is free to deduce that serious grounds of concern, of the type referred to in paragraph 4 of this Article, exist, and to draw the conclusions referred to therein.
6. Each Contracting Party reserves the right to suspend or amend the operating authorization of one or more airlines of the other Contracting Party immediately, in the event that one of the Contracting Parties reaches the conclusion, following an inspection on the area of traffic, of a series of inspections on the area of traffic, of a refusal of access for inspection on the area of traffic, of an inspection of an essential form
7. Any action applied by a Contracting Party in accordance with paragraphs 2 and 6 of this Article shall be reported as soon as the facts of this measure cease to exist. »
I have the honour to inform you that the Government of Mexico accepts your proposal to include Article 3 bis and 6 bis in the Agreement on Air Transport between the Government of the United States of Mexico and the Government of the French Republic, signed in Paris on 18 May 1993. Your letter of proposal and response are therefore an agreement between our two governments.
I am also pleased to inform you that the Government of Mexico accepts your proposal, so that this agreement comes into force one month after the last notification is received, informing the fulfilment of the internal procedures required for this purpose.
Done in Paris, September 22, 2004.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Jean-Pierre Raffarin
Minister of Foreign Affairs,
Michel Barnier
Philippe Faure,
Ambassador of France
No. 523
Mexico, D.F. on 4 February 2004.
His Excellency, Mr. Philippe Faure,
Ambassador of France to Mexico
His Excellency Mr. Ambassador,
I have the honour to refer to your letter No. 58 dated 13 January 2004, by which you propose to include articles 3 bis and 6 bis in the Agreement on Air Transport between the Government of the United States of Mexico and the Government of the French Republic, signed in Paris on 18 May 1993, negotiated and approved by the aeronautical authorities of the two countries, which reads as follows:
"As a result of the discussions between representatives of our two countries on the Agreement on Air Services between France and the United States of Mexico on 10 and 11 October 2001, I have the honour to propose, hereby, that the following articles 3 bis and 6 bis be added, respectively, following articles 3 and 6 of the Agreement signed in Paris on 18 May 1993.
If this proposal meets the approval of the Government of the United States of Mexico, I have the honour to propose that this letter and your response to it be considered to constitute an agreement between the two Governments on the developments in the Agreement on Bilateral Air Services of 18 May 1993, in accordance with Article 18 of that Agreement.
Each Contracting Party shall notify the other of the performance of the internal procedures required for the entry into force of this Agreement, which shall take effect one month after the date of receipt of the last notification.
Luis Ernesto Derbez Bautista,
Minister of Foreign Affairs,
United States of Mexico
