Summary Application of the art. 52-55 of the Constitution.
Keywords foreign and European Affairs, INTERNATIONAL agreement, BILATERAL agreement, FRANCE, Mongolia, transport, air TRANSPORT, safety air, civil AVIATION, safety of flights, operation tax, EXPLOITATION COMMERCIALE, carrier air JORF n ° 0062 of March 14, 2009 page 4711 text no. 15 order No. 2009-282 of 11 March 2009 on the publication of the agreement on air services between the Government of the French Republic and the Government of the Mongolia (set a schedule) signed at Paris on February 22, 2007 (1) NOR: MAEJ0905128D ELI: https://www.legifrance.gouv.fr/eli/decret/2009/3/11/MAEJ0905128D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2009/3/11/2009-282/jo/texte the President of the Republic, on the report of the Prime Minister and the Minister of foreign and European Affairs, having regard to articles 52 to 55 of the Constitution;
Pursuant to law No. 2008 - 1075 23 October 2008 authorizing approval of the agreement on air services between the Government of the French Republic and the Government of the Mongolia (set an annex), signed in Paris on 22 February 2007;
Having regard to Decree No. 53-192, 14 March 1953 as amended relating to the ratification and publication of international commitments entered into by France, enacts as follows: Article 1 the agreement on air services between the Government of the French Republic and the Government of the Mongolia (set an annex), signed in Paris on 22 February 2007, will be published in the Official Journal of the French Republic.
Article 2 the Prime Minister and the Minister of foreign and European Affairs are responsible, each in relation to the implementation of this Decree, which shall be published in the Official Journal of the French Republic.
A C C O R D relating to air transport between the Government of the French Republic and the Government of Mongolia (all one annex) the Government of the French Republic and the Government of the Mongolia (referred to hereinafter the 'Contracting Parties');
Being parties to the Convention on International Civil Aviation opened for signature at Chicago on 7 December 1944;
Desiring to conclude an additional agreement of the said Convention for the establishment of air services between their territories respective and beyond;
Have agreed as follows: Article 1 Definitions for the purposes of this agreement, and unless the context calls a different meaning, the term: has) 'Convention' means the Convention on International Civil Aviation opened for signature at Chicago on 7 December 1944, and includes: i) any amendment to the Convention which entered into force in accordance with article 94 (a) and has been ratified by the two Contracting Parties; and (ii) any annex or any amendment to an annex adopted under article 90 of that Convention, to the extent where this annex or amendment has, at any time, effective for both Contracting Parties;
(b) "aeronautical authorities" means, in relation to the French Republic, the Directorate General of civil aviation and, with respect to Mongolia, the Ministry of roads, transport and tourism and, for the purposes of article 7 of this agreement, the authority of the civil aviation, or, in one and the other case, a person or entity empowered to exercise the functions currently within the jurisdiction of the authorities mentioned above or similar functions;
(c) ' air transport designated undertaking"means an airline which has been designated and authorized in accordance with article 3 of this agreement;
(d) "territory" means as defined in article 2 of the Convention;
(e) "air service", "international air service", "airline business", "non-commercial stopover" have the meanings assigned to them respectively by section 96 of the Convention;
(f) "agreement" means this agreement, including the attached annex and amendments to this agreement or its annex;
(g) "user charges" means a charge imposed on the air carriers by the competent authorities allowed for the use of facilities or the provision of airport and air navigation, including facilities and related services for the benefit of devices, their crews, passengers and goods;
(h) ' specified routes"means the routes specified in the annex to this agreement;
(i) ' authorized services' means the air services operated on the specified routes.
(j) "tariff" means: i) the price to be paid to a company of air transport for the carriage of passengers and their baggage for air services as well as fees for services in connection with such air services;
II) the price to be paid to a company of air transport for the transport of goods (excluding mail) in air services;
(iii) the conditions governing the availability and application of those rates to passengers or goods, including associated benefits;
IV) the commission paid by an air transport undertaking to an officer, in connection with the sale of air transportation or the provision of information relating to air transport by this agent.
Article 2 grant of rights 1. Each contracting party grants to the other Contracting Party the following rights with regard to its international air services: has) the right to fly across its territory without landing;
(b)) the right to make stops for non-commercial purposes on its territory.
2. each contracting party grants to the other Contracting Party the rights specified in this agreement for the establishment and the fulfilment of international air services on the specified routes in the appropriate Section of the table of Routes annexed to this agreement. For the operation of a service approved on a specified route, the air carriers designated by each of the Contracting Parties enjoy, in addition to the rights specified in subsection (1) of this article, the right to make stops in the territory of the other Contracting Party at the points specified for that route specified in the table of roads of this agreement in order to embark or disembark passengers goods, including mail, on joint services, or services any cargo.
3. nothing in paragraph (2) of this section shall be construed as conferring upon one or business airline of one Contracting Party the right to embark on the territory of the other Contracting Party, passengers and their baggage, cargo, including mail, for remuneration or under a lease contract, destined for another point located on the territory of that other Contracting Party.
4. If the fact of an armed conflict, of unrest or developments, or special and unusual circumstances, an airline of one contracting party undertaking is unable to operate a service according to the normal route, the other Contracting Party makes its best efforts to facilitate the maintenance of such a service by doing, on a temporary basis, to the arrangements appropriate roads.
(5. the granting of traffic rights to the title of paragraph (2) of this article does include the right to carry passengers, baggage, goods and mail between points in the territory of the Contracting Party granting these rights and points within the territory of a country third and vice versa fifth freedom). Fifth freedom traffic rights are only granted on the basis of a special agreement between aeronautical authorities of both Contracting Parties.
Article 3 Designation and authorization of use of the air carriers 1. Each Contracting Party has the right to designate in writing to the other Contracting Party one or more air carriers to operate the services approved on the specified routes. Designations are made through diplomatic channels.
2. on receipt of a designation made by one of the Contracting Parties in accordance with the provisions of paragraph (1) of this article, and at the request, according to the terms in force, of the airline designated undertaking, the aeronautical authorities of the other Contracting Party shall, without delay, operating permits appropriate provided that the following conditions are met: a) in the case of an airline designated by the French Republic (: i) this air transport undertaking is established in the territory of the French Republic under the Treaty establishing the European Community and has a licence in accordance with European Community law; and (ii) effective regulatory control of the air carrier is exercised or performed by the Member State of the European Community responsible for issuing its air operator's certificate and the relevant aeronautical authority is clearly identified in the designation;
(b) in the case of an air transport undertaking designated by the Mongolia: i) this air transport undertaking is established on the territory of the Mongolia and has been licensed in accordance with the law which is applicable and that it is majority owned and controlled by the Mongolia or its nationals; and
(ii) effective regulatory control of the air transport undertaking is ensured by the Mongolia.
(c) the designated air transport company is able to satisfy the conditions prescribed in respect of the laws and regulations normally and reasonably applicable to international air transportation by the party considering the application;
(d) the Contracting Party having made the designation maintains and applies the standards provided for in articles 10 'aviation security' and 11 'technical safety of flights.
3. when an air transport enterprise has been so designated and authorized, it can begin to operate chartered services, subject to this undertaking shall comply with the provisions which are applicable to this agreement.
Article 4 Revocation or suspension of the operation of air transport authority 1. The aeronautical authorities of each Contracting Party may suspend an operating permit or the exercise of the rights specified in article 2 of this agreement by an airline designated by the other Contracting Party or impose such conditions as they deem necessary on the exercise of these rights if: a) in the case of an air transport undertaking designated by the French Republic (: i) this air transport undertaking is not established in the territory of the French Republic under the Treaty establishing the European Community or does not have an operating licence complies with European Community law; or (ii) effective regulatory control of the air carrier is not exercised or insured by the Member State of the European Community responsible for issuing its air operator's certificate, or the relevant aeronautical authority is not clearly identified in the designation;
(b) in the case of an air transport undertaking designated by the Mongolia: i) this air transport undertaking is not established in the territory of the Mongolia or has not obtained a licence in accordance with the law which is applicable, substantial ownership of the capital of the undertaking are not housed in Mongolia; or (ii) the Mongolia has no effective regulatory control of the air carrier.
(c) in all cases where this air transport undertaking ceases to satisfy the conditions laid down by the laws and regulations normally and reasonably applicable to international air services by the party taking the measure;
d) in all cases where the other Contracting Party does not maintain and does not apply the standards provided for in articles 10 'aviation security' and 11 'technical safety of flights.
2. unless the revocation, suspension or imposition of the conditions laid down in paragraph (1) of this section are immediately necessary to prevent new offences said laws and regulations and the provisions of this agreement, such a right is exercised only after consultations with the aeronautical authorities of the other Contracting Party. Such consultations between aviation authorities shall be held within thirty (30) days following the date of their application by one of the Contracting Parties, unless the Contracting Parties decide otherwise.
Article 5 principles governing the operation of air services 1. The air carriers designated by the two Contracting Parties have fair chances and equal to operate services approved on routes specified between their respective territories.
2. where they operate services approved, the air carriers designated by each Contracting Party shall take into account the interests of the air carriers designated by the other Contracting Party so as not unduly affect the services provided by the latter on the whole or a part of the common roads.
3. the authorized services operated by the air carriers designated by the Contracting Parties shall be closely adjusted at the request of the public transportation on the specified routes and have the primary goal to provide a reasonable load factor, a suitable capacity meet current and reasonably foreseeable on transport of passengers and goods, including mail originating or destination of the territory of the Contracting Party which has designated the company. The supply of transport for passengers and cargo, including mail, both enplaned and deplaned in points of the specified routes in the territories of States other than that designating the air transport company is made in accordance with the General principles that capacity should be related with: a) the needs of traffic originating and destined for the territory of the Contracting Party has designated the air carrier concerned;
(b) traffic requirements of the area through which this service authorized passes, taking into account of other transport services by companies of air transport of the States of the region; and (c) the operating requirements of services which continue beyond the points within the territory of the Contracting Parties.
Article 6 Programmes 1. The operating programs of the air carriers designated by a Contracting Party shall be submitted for approval to the aeronautical authorities of the other Contracting Party.
2. these programmes shall be communicated at least thirty (30) days before the start of the operation and include schedules, frequency of services, types of devices, their configurations and numbers marketed seats.
3. any modification of the programs of one or more air carriers designated by a Contracting Party is subject to the approval of the aeronautical authorities of the other Contracting Party.
Article 7 tariffs 1. The rates applied by the air carriers designated by a Contracting Party for the carriage of traffic to or from the territory of the other Contracting Party are set at reasonable levels in light of all the evidence, and in particular operating costs, a reasonable profit, as well as the rates charged by other air transport companies. The aeronautical authorities of both Contracting Parties ensure compliance by the air carriers designated by the above criteria.
2. If the aeronautical authorities of one of the Contracting Parties consider that any rates charged by an air transport undertaking designated by the other Contracting Party do not meet the criteria set out in subsection (1) of this article, they may request consultations thereon to the aeronautical authorities of the other Contracting Party. Such consultations shall be held within a period of thirty (30) days of receipt of the application.
3. fares are subject to the express approval of the aeronautical authorities at least thirty (30) days before the date scheduled for their application. In special cases, this time limit may be reduced subject to the agreement of those authorities. The aeronautical authorities shall notify their decision on these rates of air transport undertakings designated within a period of thirty (30) days after filing.
4. If the aeronautical authorities of one of the Contracting Parties shall inform in the aeronautical authorities of the other Contracting Party disapproval of rates established in accordance with the provisions of subsection (1) of this article, the aeronautical authorities of the Contracting Parties shall endeavour then to determine rates by mutual agreement. To this end, the aeronautical authorities of the Contracting Parties held technical consultations within thirty (30) days after a Contracting Party made the request.
5. If the aeronautical authorities of the Contracting Parties may agree not to approve rates which have been submitted in accordance with subsection (3) of this article, nor to determine rates in accordance with subsection (4) of this article, the dispute shall be settled according to the provisions of article 18 of this agreement.
6. a tariff established in accordance with the provisions of this article remains in force, unless withdrawn by the air carriers designated concerned, until the possibly fixed term to its validity or until the approval of new tariffs. However, the validity of rates cannot be extended under this subsection more than twelve (12) months after the date on which it should expire, unless specifically agreed between the Contracting Parties.
Article 8 Application of laws and regulations 1. The laws, regulations and procedures of the Contracting Party governing entry into its territory and exit from its territory for aircraft providing international air services or governing air navigation and operation of these aircraft during their presence in the territory of that Contracting Party shall apply to the company's aircraft or of such aircraft and designated air carriers of the other Contracting Party must comply upon arrival departure and during their presence on the territory of the first Contracting Party.
2. the laws and regulations of a Contracting Party governing entry to its territory or departure from its territory of passengers, their baggage, crews or the goods on board the aircraft (including the regulations governing the entrance in the territory, leave or permissions, immigration, aviation security, passports, customs or quarantine, or in the case of mail (, postal regulations) must be respected for the goods and baggage and passengers and crews, or on their behalf, to air carriers of the other Contracting Party upon arrival, at the start or during their presence on the territory of the first Contracting Party.
3. the laws and regulations referred to in subsections (1) and (2) of this article are the same as those applied to national aircraft employed in similar international air services as well as to passengers, baggage, crew, cargo and mail carried by these aircraft.
Article 9 customs duties and taxes 1. Arriving on the territory of one of the Contracting Parties, the aircraft of the company or of air carriers designated by the other Contracting Party for international air services, their usual equipment, fuel, lubricants and consumable technical supplies spare parts, including engines, stores of aircraft (including, without limitation, items such as food (, drinks and alcohol, tobacco and other products for sale to passengers or for consumption by these limited during the flight), the equipment on the ground and other objects intended for or used only in connection with the operation or maintenance of aircraft engaged in international air transport are, temporarily until their re-export, on a reciprocal basis admitted by exemption from all customs duties, import, taxes on property restrictions, levies on capital, costs of inspection, excise duties and other rights and taxes imposed by national and local authorities, provided that such equipment and supplies remain on board the aircraft.
2. are also exempt, on the basis of reciprocity, of the duties, taxes, inspection fees, levies and charges referred to in paragraph (1) of this article, with the exception of charges based on the cost of the service provided: has) ship's stores of aircraft introduced or supplied in the territory of one of the Contracting Parties and taken on board, within reasonable limits to be used on aircraft of the company or airline designated by the other contracting companies engaged in air international transport, departing from this territory, even if these stores are intended to be used on a fraction of the journey performed over the territory of the Contracting Party in which they are taken on board;
(b) the common facilities and the spare parts, including engines, introduced on the territory of a Contracting Party for the maintenance, servicing, repair and supply of aircraft to an air transport undertaking designated by the other Contracting Party providing international air services;
(c) the fuel, the lubricants and consumable technical supplies introduced or supplied in the territory of a Contracting Party to be used on the aircraft of an air transport enterprise designated by the other contracting party engaged in air transport international, even if these supplies are intended to be used on a fraction of the journey performed over the territory of the Contracting Party in which they have been taken on board;
(d) printed materials and objects intended for advertising including, without limitation, schedules, brochures, printed matter introduced into the territory of a Contracting Party and intended to be distributed free of charge by the air carriers designated by the other Contracting Party.
3. it may be required that the equipment and supplies referred to in paragraphs (1) and (2) of this article are placed under the supervision or the supervision of the competent authorities.
4. the exemptions provided by this article are also awarded if the air carriers designated by one of the Contracting Parties have passed contract with another company of air transport which also benefits from the same exemptions on the part of the other Contracting Party for a placing at disposal or transfer in the territory of the other Contracting Party of the articles referred to in paragraphs (1) and (2) of this section.
5. no provision of this agreement may be construed as depriving France of the right to impose fees, taxes, real, rights of inspection, rights excise or fees or charges similar fuel introduced and supplied on board an aircraft of an air carrier designated by the Mongolia for flights between a point in the territory of the French Republic and another point in the territory of the Republic or other State Member of the European Community.
6. no provision of this Agreement shall be construed as depriving the Mongolia's right to impose taxes, taxes real, rights of inspection, rights excise or fees or charges similar fuel introduced and supplied on board an aircraft of an air carrier designated by the French Republic for flights between points in the territory of the Mongolia.
Article 10 1 aviation security. The guarantee of security for civilian aircraft, their passengers and crew being a fundamental precondition for the operation of international air services, the Contracting Parties reaffirm their mutual obligation to protect civil aviation against acts of unlawful interference (and in particular their obligations under the Chicago Convention, the Convention on offences and certain other acts committed on board aircraft signed at Tokyo on 14 September 1963, the Convention for the Suppression of unlawful seizure of aircraft, signed at the Hague on 16 December 1970, to the Convention for the Suppression of unlawful acts against the safety of civil aviation, signed at Montreal on 23 September 1971, the Protocol for the Suppression of unlawful acts of violence at airports serving international civil aviation (signed at Montreal on 24 February 1988) is an integral part of this agreement.
2. the Contracting Parties shall assist each other, upon request, all necessary assistance to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers and crews, airports and navigation air as well as other services and facilities threat to civil aviation security.
3. the Contracting Parties, in their mutual relations, act in accordance with the safety standards of aviation and, to the extent where they apply in their regard to the practices established by the international civil aviation organization, designated as Annexes to the Convention on international civil aviation. They require operators of aircraft registered by them, air transport undertakings with the headquarters of their operation or permanent their residence on their territory and operators of airports situated in their territory, that they act in accordance with these provisions relating to aviation security. In this paragraph, the reference to aviation security standards includes any difference notified by the Contracting Party concerned. Each Contracting Party shall inform the other Contracting Party of its intention to notify any difference advance.
4. each Contracting Party shall ensure that adequate measures are effectively taken on its territory for the protection of aircraft, inspect the passengers and their hand luggage, carry out appropriate controls of the crews, cargo (including hold baggage) and front edge and during boarding or loading supplies and that these measures are adequate to respond to an increase of the threat. Each Contracting Party agrees that its air carriers may be required to observe the provisions relating to the aviation security referred to in paragraph (3) of this article that the other Contracting Party prescribes, for entry into the territory, leaving the territory or stay on the territory of that other Contracting Party. Each Contracting Party agrees to consider with a friendly spirit any application that sends the other Contracting Party for reasonable special security measures to be taken to meet a particular threat.
5. in the event of an incident or threat of unlawful aircraft or other seizure incident unlawful acts against the safety of passengers, crew, aircraft, airports and air navigation facilities, the Contracting Parties shall assist each other by facilitating communications and other appropriate measures intended to end with speed and security incident or this threat of incident.
6. when a Contracting Party has reasonable grounds to believe that the other Contracting Party has violated the provisions relating to the safety of aviation laid down in this article, the first party may request immediate consultations with the other Contracting Party. Without prejudice to the provisions of article 4 of this agreement, unable to reach a satisfactory agreement within a period of fifteen (15) days from the date of receipt of such a request for consultations is grounds for suspension of the rights of the Contracting Parties in respect of this agreement, within a period of ninety (90) days. If it is justified by an emergency with a direct and exceptional threat to the safety of the passengers, the crew or the aircraft of one of the Contracting Parties and the other Contracting Party has not met adequately the obligations entrusted to him under the terms of paragraphs (4) and (5) of this section, a Contracting Party may immediately take appropriate interim protection measures to deal with the threat. Any measure taken pursuant to this paragraph is suspended as soon as the other party has complied with the provisions of this article.
Section 11 technical safety of flights 1. Each Contracting Party may request consultations concerning the safety standards in areas that relate to aircraft equipment, crews, aircraft or their exploitation adopted by the other Contracting Party. Such consultations are held within thirty (30) days of such a request.
2. If, following such consultations, one Contracting Party view that the other Contracting Party should adopt or effectively keeps track of safety standards in one of these areas that are at least equal to the minimum standards in force in accordance with the Convention, the first contracting party notifies the other Contracting Party of these conclusions and that other Contracting Party shall take the corrective measures that are necessary. The failure by the other Contracting Party to take appropriate measures within a reasonable period, and in any event within fifteen (15) days or a longer period if it has been agreed, will provide a foundation for the application of article 4 of this agreement.
3. Notwithstanding the obligations referred to in article 33 of the Convention, it was agreed that any aircraft operated by the companies of one of the Contracting Parties to the territory of the other Contracting Party may, when it lies on the territory of the other Contracting Party, be subject to an inspection (called in this article 'inspection on the ramp') by authorized representatives of that other Contracting Party, on board or outside the aircraft, in order to verify the validity of the documents of the aircraft and those of its crew and the apparent condition of the aircraft and its equipment provided that this does not lead to unreasonable delay.
((4 If an inspection, or a series of inspections on the tarmac, gives rise to: a) substantial grounds to believe that an aircraft or the operation of an aircraft is not the minimum date in accordance with the Convention, or b) substantial grounds to fear deficiencies in the adoption and the implementation of safety standards in accordance with the requirements of the Convention.
The contracting party carrying out the inspection shall be, for the purposes of article 33 of the Convention, free to conclude that the requirements under which the certificate or licence relating to the aircraft or the operator or the flight crew of the aircraft-related were issued or validated are not equal or superior to the minimum standards in force in accordance with the Convention.
5. in the event that access to an aircraft operated by the air carriers of a Contracting Party to carry out an inspection on the ramp in accordance with subsection (3) of this section would be denied, the other Contracting Party is free to infer that serious grounds for concern, of the kind which is referred to in subsection (4) of this section exist , and draw the conclusions referred to in that subsection.
6. each Contracting Party reserves the right to suspend or amend a licensing or airlines of the other contracting party immediately in the event the first Contracting Party would arrive at the conclusion, following an inspection on the ramp, a series of ramp inspections, a denial of access for ramp inspection of a consultation or another form of consultation, that immediate action is essential to the operation of a safety or airlines of the other Contracting Party.
7. any measure applied by a Contracting Party in accordance with paragraphs (2) and (6) of this article shall be reported as soon as the facts motivating this measure will have ceased to exist.
Article 12 statistics the aeronautical authorities of a Contracting Party give the aeronautical authorities of the other Contracting Party, at their request, statistical surveys or other similar information that may reasonably be required concerning traffic provided chartered services.
Article 13 Representation of companies and commercial activities 1. The air carriers designated by a Contracting Party have the right, on a basis of reciprocity, to establish offices in the territory of the other Contracting Party for the promotion and sale of air transport, in accordance with the laws and regulations of the latter Contracting.
2. the air carriers designated by a Contracting Party have the right, on a basis of reciprocity, in accordance with the laws and regulations of the other Contracting Party concerning the entry, residence and employment, to bring and maintain in the territory of the other Contracting Party their own management staff, operating and commercial as well as other specialized personnel necessary for the provision of air transport.
3. each Contracting Party shall accord in respect of its laws and regulations, on the basis of reciprocity, to the personal requirements of the company or the air carriers designated by the other Contracting Party of the access permissions on its territory at the airport, to the areas concerned by the operations of the unit, the crew, passengers and goods of the company or of the air carriers designated by the other Contracting Party.
4. each Contracting Party shall accord on the basis of reciprocity, the company or the air carriers designated by the other Contracting Party, the right to bring and maintain on its own territory, in accordance with its laws and regulations in force, for short periods of time exceeding not ninety (90) days, the staff additional required by the company or the air carriers designated by the other Contracting Party for the performance of their activities.
5. the Contracting Parties shall ensure that passengers, regardless of their nationality, may acquire securities of carriage with the carrier of their choice and have the free option to purchase these tickets in local currency or in freely convertible currency accepted by the carrier. These principles are applicable also to the transport of goods.
6. on the basis of reciprocity, the air carriers designated by each Contracting Party are allowed, on the territory of the other Contracting Party, to proceed in the currency of that territory or any other currency freely convertible, on their tickets, the sale of passenger air transport or goods, in their own offices and through freely chosen accredited agents. The air carriers designated by a Contracting Party are allowed, to do this, open and maintain in their own name on the territory of the other Contracting Party, banking accounts in the currency of one or the other party or in any currency freely convertible in their choice.
Article 14 transfer of surplus income 1. Each designated airline may convert and transfer in his country, on request, the surplus of its local revenue over expenditure actually incurred locally. The conversion and transfer are allowed without time limits and without restrictions, at the rate of Exchange applicable to current transactions in effect at the time when these revenues are presented to be converted and transferred and shall be subject to no charge other than those normally applied by the banks to perform such conversions and transfers.
2. insofar as the service of payments between the Contracting Parties is regulated by a special agreement, it is applicable.
Article 15 user charges
1. the fees that may be imposed by the competent authorities or bodies of a Contracting Party to the company or to the air carriers designated by the other Contracting Party for the use of airports, safety, security and air navigation services and facilities and other facilities and services they control are fair, reasonable, non-discriminatory and equitably apportioned among categories of users. They don't are not higher than those who are paid for the use of such facilities and services by any air transport enterprise providing similar international air services.
2 each Contracting Party shall encourage consultations on user charges between their competent authorities that charge the use of facilities and services and the air carriers using the facilities available or services provided by those authorities and, when possible, through organisations representing air transport companies. Any proposal for modification of user charges must be notified within a reasonable time to users of the facilities and services concerned in order to allow them to express their points of views before these changes become effective. In addition, each contracting party encourage their competent authorities that charge services and air transport companies using facilities put at their disposal or services provided to Exchange appropriate information in user charges.
Article 16 Transit passengers including their baggage in transit through the territory of a Contracting Party and who do not leave the confines of the airport reserved for this purpose are subject to a simplified control. This is without prejudice to specific measures which may be taken pursuant to the provisions of article 10 (Aviation Security) of the agreement. The goods and baggage in transit through the territory of a Contracting Party are exempt from all customs duties.
Article 17 Consultations. each Contracting Party may at any time request the holding of consultations on the implementation, interpretation or amendment of this agreement. Such consultations, which may be between aeronautical authorities begin within sixty (60) days of the date of receipt by the other Contracting Party of a written request unless it unless otherwise agreed by the Contracting Parties.
Article 18 settlement of disputes 1. In the event that a dispute arises between the Contracting Parties concerning the interpretation or application of this agreement, Contracting Parties shall first endeavour to resolve by negotiation.
2. where the Contracting Parties could not resolve a dispute by negotiation, they may submit this dispute to a person or an organization agreed upon between them or, at the request of a Contracting Party, to the decision of a tribunal composed of three arbitrators is made up as follows: a) within thirty (30) days of a request for arbitration Each Contracting Party shall appoint one arbitrator. A national of a third State, who will assume the Presidency of the tribunal, will be chosen as third arbitrator by agreement between the other two within sixty (60) days of the designation of the second;
(b) If, during the time limits prescribed above, a designation was not made, a any Contracting Party may ask the President of the international civil aviation organization to proceed to the or necessary designations within thirty (30) days. In the event that the President would be of the same nationality as one of the Contracting Parties, the Member of the international civil aviation organization following in terms of seniority and not disqualified on that basis may be asked to make such designations.
3. except in the cases specified below in this article or otherwise agreed by the Contracting Parties, the arbitral tribunal determines the limits of its jurisdiction and establishes its own procedures. At the request of the tribunal or at the request of any Contracting Parties, a conference to determine specific issues submitted to arbitration and the specific procedures which must be followed will be held within a period of thirty (30) day after the tribunal has been completely formed.
4. except if it was otherwise agreed between the Parties or required by the tribunal, each Contracting Party will submit a memorandum within forty-five (45) days after the tribunal has been fully constituted. Each Contracting Party may submit a reply brief within sixty (60) days following receipt of the memorandum by the other Contracting Party. At the request of any contracting parties, or at his own discretion, within thirty (30) days after the submissions in response can be produced, the Court will hold a hearing.
5. the tribunal will endeavour to provide a written decision within thirty (30) days of the end of the hearing or, if no hearing is held, thirty (30) days after the date of receipt of the two submissions in response. The decision is taken by a majority vote.
6. the Contracting Parties may ask for clarification about the decision within a period of fifteen (15) days after receipt of this decision and of such clarifications are made within a period of fifteen (15) days after such a request will be made.
7. the decision of the Court is binding on the Contracting Parties.
8. each Contracting Party supports the costs of the arbitrator designated by it. The other expenses of the tribunal are divided equally among the Contracting Parties, including the expenses chargeable to the President or a member of the international organization of civil aviation by virtue of the application of the procedures in paragraph (2B) of this article.
Article 19 amendments agreed between the Contracting Parties to this agreement and its annex amendments come into force after confirmation through diplomatic channels of the completion of the internal procedures required by each Contracting Party.
Article 20 multilateral Conventions if a general multilateral convention dealing with matters covered by this agreement enter into force for the Contracting Parties, the provisions of this convention shall prevail.
Article 21 denunciation each Contracting Party may at any time notify in writing to the other Contracting Party through diplomatic channels of its decision to denounce this agreement. Such notification shall be communicated simultaneously to the international civil aviation organization. This agreement ends at midnight (instead of receipt of the notification) in immediately before the first anniversary of the date of receipt of the notice by the other Contracting Party, unless such notification is withdrawn by mutual agreement before the expiry of this period. In the absence of acknowledgement of receipt on the part of the other Contracting Party, the la notification notification is deemed him be received fourteen (14) days after the date of its receipt by the Organization of the civil aviation international.
Article 22 registration with the Organization of international civil aviation this agreement and all amendments which it would be made are registered with the international civil aviation organization.
Article 23 entry into force each party contracting shall notify to the other the completion of the constitutional procedures required by far for the entry into force of the present agreement which takes effect the first day of the second month following the day of receipt of the second notification.
In witness whereof, the representatives of both Contracting Parties, duly authorized thereto by their respective Governments, have signed this agreement.
Done at Paris, February 22, 2007, in two original copies in French and Mongolian languages, both texts being equally authentic.
Annex A N N E X E table of Road Section 1 Route that can be served by the air carriers designated French: points in the territory of the French Republic to Ulaanbaatar.
Section 2 Route that can be served by the air carriers designated Mongolian: points in the territory of the Mongolia to Paris.
Notes flexibility each company air transport designated may, on all or part of its services and its convenience, provided that the corresponding services are their points of origin or destination on the territory of the Contracting Party nominates this air transport undertaking: 1. carry out flights in one direction or in both directions.
2 serve intermediate points and points beyond points in the territory of the Contracting Parties on routes specified according to the combination and order of his choice;
3. omit stops at one or several points.
Done at Paris, March 11, 2009.
Nicolas Sarkozy by the President of the Republic: the Prime Minister, François Fillon Minister of Foreign Affairs and European, Bernard Kouchner for the Government of the French Republic: Christine Lagarde Minister delegated to external trade for the Government of the Mongolia: Nyamaa Enkhbold Foreign Minister (1) this agreement entered into force on March 1, 2009.