Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign and European Affairs,
Seen them Articles 52 to 55 of the Constitution ;
Vu la Act No. 2008-1075 of 23 October 2008 authorizing the approval of the air services agreement between the Government of the French Republic and the Government of Mongolia (a consolidated annex), signed in Paris on 22 February 2007;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France,
Decrete:
The agreement on air services between the Government of the French Republic and the Government of Mongolia (a consolidated annex), signed in Paris on 22 February 2007, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign and European Affairs are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
A C C O R D
RELATING TO AIR TRANSPORT ON THE GOVERNMENT OF THE FRENCH REPUBLIC AND GOVERNMENT OF MONGOLIA (SEMBLIC ANNEX)
The Government of the French Republic and the Government of Mongolia (hereinafter referred to as the "Contracting Parties");
Parties to the Convention on International Civil Aviation, opened for signature in Chicago on 7 December 1944;
Desiring to conclude a supplementary agreement of the Convention with a view to establishing air services between their respective territories and beyond them;
The following agreed:
Article 1
Definitions
For the purposes of this Agreement, and unless the context calls a different meaning, the term:
a) "Convention" means the Convention on International Civil Aviation opened for signature in Chicago on 7 December 1944 and includes:
(i) any amendment to this Convention which has entered into force under article 94 (a) and has been ratified by the two Contracting Parties; and
(ii) any Annex or amendment to an Annex adopted in accordance with Article 90 of this Convention, to the extent that this Annex or amendment has, at any time, taken effect with respect to both Contracting Parties;
(b) "Aeronautical authorities" means, with respect to the French Republic, the General Directorate of Civil Aviation and, with regard to Mongolia, the Ministry of Roads, Transport and Tourism and, for the purposes of Article 7 of this Agreement, the Civil Aviation Authority, or, in either case, any physical or legal person authorized to perform the functions currently of the aforementioned authorities;
(c) "designated air carrier" means an air carrier that 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", "air transport company", "non-commercial port of call" have the meanings assigned to them by Article 96 of the Convention;
(f) "Agreement" means this Agreement, including the attached Annex and the amendments to this Agreement or its Annex;
(g) "use charges" means a royalty imposed on air carriers by the competent authorities authorized for the use of facilities or the provision of airport services or air navigation, including related facilities and services, for the benefit of aircraft, their crews, passengers and goods;
(h) "specified roads" means the routes specified in the Annex to this Agreement;
(i) "approved services" means air services operated on specified routes;
(j) "price" means:
(i) the price to be paid to an air carrier for the transportation of passengers and their baggage in the context of air services and the fees applicable to services related to such air services;
(ii) the price to be paid to an air carrier for the carriage of goods (excluding mail) in the context of air services;
(iii) the conditions governing the availability and application of such tariffs to passengers or goods, including associated benefits;
(iv) the commission paid by an air carrier to an agent, in relation to the sale of air transportation securities or the provision of air transportation information by that agent.
Article 2
Granting of rights
1. Each Contracting Party shall grant the other Contracting Party the following rights with respect to its international air services:
(a) the right to overflight its territory without landing;
(b) the right to make non-commercial stopovers in its territory.
2. Each Contracting Party shall grant to the other Contracting Party the rights specified in this Agreement for the establishment and performance of international air services on the specified routes in the appropriate Section of the Schedule of Routes annexed to this Agreement. For the operation of an approved service on a specified road, the air carrier(s) designated by each Contracting Party shall, in addition to the rights specified in paragraph (1) of this Article, enjoy the right to make ports of call on the territory of the other Contracting Party to the points specified for that route specified in the Roads Table of this Agreement in order to board or disembark passengers, goods, including mail,
3. Nothing in subsection (2) of this Article shall be construed as conferring on one or the air carriers of one of the Contracting Parties the right to board, on the territory of the other Contracting Party, passengers and their baggage, goods, including mail, for remuneration or under a lease, to another point situated in the territory of that other Contracting Party.
4. In the event of armed conflict, political unrest or new developments, or special and unusual circumstances, an air carrier of one of the Contracting Parties is not in a position to operate a service according to the normal itinerary, the other Contracting Party shall make its best efforts to facilitate the maintenance of such a service by proceeding on a temporary basis with appropriate road adjustments.
5. The granting of traffic rights under subsection (2) of this Article shall not include the right to transport passengers, baggage, goods and mail between points in the territory of the Contracting Party which grant such rights and points in the territory of a third country and vice versa (fifth freedom). The traffic rights of fifth freedom are only granted on the basis of a special agreement between the aeronautical authorities of the two Contracting Parties.
Article 3
Operational designation and authorization
Air transport companies
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. The designations are made through diplomatic channels.
2. Upon receipt of a designation by one of the Contracting Parties in accordance with the provisions of paragraph (1) of this Article, and upon application, in accordance with the terms and conditions in force, of the designated air carrier, the Aeronautical Authorities of the other Contracting Party shall, without delay, grant the appropriate operating authorizations provided that the following conditions are met:
(a) in the case of an air carrier designated by the French Republic:
(i) that air transport undertaking is established in the territory of the French Republic under the Treaty establishing the European Community and has an operating licence in accordance with the law of the European Community; and
(ii) the effective regulatory control of the air carrier is exercised or provided by the Member State of the European Community responsible for the issuance of its air carrier certificate and that the competent aeronautical authority is clearly identified in the designation;
(b) in the case of an air carrier designated by Mongolia:
(i) that air transport undertaking is established in the territory of Mongolia and has obtained a licence in accordance with the law applicable to it and is predominantly owned and controlled by Mongolia or its nationals; and
(ii) the effective regulatory control of the air carrier is provided by Mongolia.
(c) the designated air carrier is in a position to meet the conditions prescribed under the laws and regulations normally and reasonably applicable in respect of international air services by the Contracting Party considering the application(s);
(d) the Contracting Party having carried out the designation shall maintain and apply the standards set out in Articles 10 " Aviation Safety" and 11 "Technical Flight Safety".
3. Where an air carrier has been so designated and authorized, it may begin to operate the approved services, provided that the air carrier complies with the provisions of this Agreement.
Article 4
Revocation or suspension of authorization
Air Transport Operations
1. The aeronautical authorities of each Contracting Party may revoke an operating authorization or suspend the exercise of the rights specified in Article 2 of this Agreement by an air carrier designated by the other Contracting Party or impose on the exercise of these rights the conditions they deem necessary, if:
(a) in the case of an air carrier 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 has not received an operating licence in accordance with the law of the European Community; or
(ii) the effective regulatory control of the air carrier is not exercised or provided by the Member State of the European Community responsible for the issuance of its air carrier certificate or that the competent aeronautical authority is not clearly identified in the designation;
(b) in the case of an air carrier designated by Mongolia:
(i) that air transport undertaking is not established in the territory of Mongolia or has not obtained a licence in accordance with the applicable law, since the substantial ownership of the company's capital is not housed in Mongolia; or
(ii) Mongolia does not exercise effective regulatory control of the air carrier.
(c) in all cases where such an air carrier ceases to meet the conditions prescribed by the laws and regulations normally and reasonably applicable in respect of international air services by the Party taking such action;
(d) in any case where the other Contracting Party does not maintain and apply the standards set out in Articles 10 "air safety" and 11 "technical safety of flights".
2. Unless the revocation, suspension or imposition of the conditions set out in subsection (1) of this section is immediately necessary to avoid further breaches of the said laws and regulations or the provisions of this Agreement, such a right shall be exercised only after consultations with the aeronautical authorities of the other Contracting Party. Such consultations between aeronautical authorities shall be held within thirty (30) days after the date of their application by one of the Contracting Parties, unless the Contracting Parties decide otherwise.
Article 5
Principles
the operation of air services
1. The designated air carriers of both Contracting Parties have fair and equal opportunities for the operation of approved services on the routes specified between their respective territories.
2. When operating approved services, the designated air carrier(s) of each Contracting Party shall take into consideration the interests of the designated air carrier(s) of the other Contracting Party in order not to unduly affect the services provided by the Contracting Party(s) on all or part of the common roads.
3. Authorized services operated by designated air carriers of Contracting Parties shall be closely adapted to the public's request for carriage on specified routes and shall have the primary purpose of providing, at a reasonable filling coefficient, a capacity appropriate to the current and reasonably foreseeable transport needs of passengers and goods, including mail, from or to the territory of the Contracting Party that has designated the undertaking. The offer of transport for passengers and goods, including mail, both boarded and disembarked in points of the specified routes located in the territories of states other than that designated by the air carrier is made in accordance with the general principles that the capacity must be in relation to:
(a) the traffic requirements from and to the territory of the Contracting Party having designated the air carrier concerned;
(b) the traffic needs of the region through which this authorized service passes, taking into account the other transport services established by air carriers of the States of the region; and
(c) the operational requirements of the services that continue beyond the points in the territory of the Contracting Parties.
Article 6
Programmes
1. The operating programmes of the designated air carrier(s) of a Contracting Party shall be submitted for approval to the aeronautical authorities of the other Contracting Party.
2. These programs must be communicated at least thirty (30) days prior to the start of operation, including schedules, frequency of services, type of aircraft, configurations and number of seats marketed.
3. Any modifications to the programs of one or more designated air carriers of a Contracting Party shall be subject to approval by the Aeronautical Authorities of the other Contracting Party.
Article 7
Rates
1. The tariffs applied by the designated air carrier(s) of a Contracting Party for the carriage of traffic to or from the territory of the other Contracting Party shall be established at reasonable levels, taking into account all elements of appreciation, including operating costs, reasonable benefit, and tariffs made by other air carriers. The aeronautical authorities of the two Contracting Parties shall ensure that the criteria defined above are met by designated air carriers.
2. If the aeronautical authorities of one of the Contracting Parties consider that one or more tariffs made by a designated air carrier of the other Contracting Party do not meet the criteria set out in paragraph (1) of this Article, they may request consultations on this matter to the aeronautical authorities of the other Contracting Party. Such consultations shall be held within thirty (30) days of receipt of the application.
3. The tariffs are subject to the express approval of the Aeronautical Authorities at least thirty (30) days before the date for their application. In special cases, this period may be reduced subject to the agreement of the said authorities. The Aeronautical Authorities shall notify their decision on these tariffs to designated air carriers within thirty (30) days after their filing.
4. If the aeronautical authorities of one of the Contracting Parties inform the aeronautical authorities of the other Contracting Party of their disagreement with tariffs established in accordance with the provisions of paragraph (1) of this Article, then 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 a Contracting Party has requested it.
5. If the aeronautical authorities of the Contracting Parties may not agree to approve the tariffs submitted to them in accordance with subsection (3) of this Article, or to determine rates in accordance with paragraph (4) of this Article, the dispute shall be settled in accordance with the provisions of Article 18 of this Agreement.
6. A tariff established in accordance with the provisions of this section shall remain in effect, unless it is withdrawn by the designated air carrier(s) concerned, until such time as may be valid or until the approval of new tariffs. However, the validity of the tariffs 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 8
Enforcement of laws and regulations
1. The laws, regulations and procedures of a Contracting Party governing the entry into its territory and the exit of its territory for aircraft providing international air services or regulating the air navigation and operation of such aircraft during their presence in the territory of that Contracting Party shall apply to aircraft of the designated air carrier or air carriers of the other Contracting Party and such aircraft shall conform to the arrival, departure and operation of that Contracting Party during the time
2. The laws and regulations of a Contracting Party governing the entry into its territory or the departure of its territory of passengers, baggage, crews or goods on board of aircraft (including regulations governing entry into the territory, leave or authorizations, immigration, aviation safety, passports, customs or quarantine, or in the case of mail, postage regulations) shall be complied with for
3. The laws and regulations referred to in subsections (1) and (2) of this section are the same as those applied to national aircraft used in similar international air services as well as to passengers, baggage, crews, goods and mail carried by such aircraft.
Article 9
Customs duties and taxes
1. by arriving in the territory of one of the Contracting Parties, aircraft of the undertaking or of the designated air carriers of the other Contracting Party providing international air services, their usual equipment, fuel, lubricants, consumable technical supplies, spare parts, including engines, aircraft on board (including, without limitation, articles such as food, beverages and alcohols)
2. The duties, taxes, inspection fees, levies, levies and taxes referred to in subsection (1) of this section shall also be exempted, except royalties based on the cost of the service provided:
(a) the provisions on board of aircraft introduced or provided on the territory of one of the Contracting Parties and taken on board, within reasonable limits, to be used on aircraft of the undertaking or designated air carriers of the other Contracting Party performing international air transport, from that territory, even if such provisions on board are intended to be used on a portion of the voyage carried out over the territory of the Contracting Party in which they are taken on board
(b) the usual equipment and spare parts, including engines, introduced in the territory of a Contracting Party for the maintenance, maintenance, repair and supply of aircraft of a designated air carrier of the other Contracting Party providing international air services;
(c) the fuel, lubricants and consumable technical supplies introduced or provided on the territory of a Contracting Party to be used on aircraft of a designated air carrier of the other Contracting Party conducting international air transport, even if such supplies are intended to be used on a fraction of the voyage carried out over the territory of the Contracting Party in which they were taken on board;
(d) printed documents and articles intended for advertising, including, without limitation, schedules, pamphlets, printed materials introduced in the territory of a Contracting Party and intended to be distributed free of charge by the designated air carrier(s) of the other Contracting Party.
3. Equipment and supplies referred to in subsections (1) and (2) of this section may be required to be placed under the supervision or control of the competent authorities.
4. The exemptions provided for in this Article shall also be granted if the designated air carrier(s) of one of the Contracting Parties have contracted with another air carrier that also enjoys the same exemptions from the other Contracting Party, for the purpose of making available or transferring the goods referred to in paragraphs (1) and (2) of this Article to the territory of the other Contracting Party.
5. Nothing in this Agreement shall be construed as depriving the French Republic of the right to impose taxes, real taxes, inspection fees, excise duties or similar fees or charges on the fuel introduced and provided on board an aircraft of an air carrier designated by Mongolia to fly between a point located in the territory of the French Republic and another point located in the territory of the French Republic or another Community.
6. Nothing in this Agreement shall be construed as depriving Mongolia of the right to impose taxes, real taxes, inspection fees, excise duties or similar fees or charges on the fuel introduced and provided on board an aircraft of an air carrier designated by the French Republic for the purpose of flying between points in the territory of Mongolia.
Article 10
Aviation safety
1. The security guarantee for civilian aircraft, their passengers and crews 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 intervention (in particular their obligations under the Chicago Convention, 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 the
2. The Contracting Parties shall mutually agree, upon request, with all necessary assistance to prevent the unlawful capture of civilian aircraft and other unlawful acts against the safety of such aircraft, passengers and crews, airports and air navigation facilities and services and any other threat to the safety of civil aviation.
3. The Contracting Parties, in their mutual relations, shall act in accordance with aviation safety standards and, to the extent that they are applicable to them, to the recommended practices established by the International Civil Aviation Organization, designated as Annexes to the International Civil Aviation Convention. They require operators of aircraft registered by them, air carriers having the main seat of their operation or permanent residence on their territory, and airport operators located in their territory, to act in accordance with these aviation safety provisions. In this paragraph, the reference to aviation safety standards includes any difference notified by the Contracting Party concerned. Each Contracting Party shall notify the other Contracting Party of its intention to notify any difference.
4. Each Contracting Party shall ensure that adequate measures are effectively taken in its territory to ensure the protection of aircraft, inspect passengers and their hand baggage, conduct appropriate checks of crews, goods (including cargo cargo) and on-board provisions before and during boarding or loading and that these measures are appropriate to respond to an increase in the threat. Each Contracting Party agrees that its air carriers may be required to comply with the provisions relating to the safety of aviation referred to in paragraph (3) of this article that the other Contracting Party would require, for entry into the territory, the exit of the territory or the stay in the territory of that other Contracting Party. Each Contracting Party agrees to consider, with a favourable spirit, any request made by the other Contracting Party with a view to ensuring that reasonable special security measures are taken to deal with a particular threat.
5. In the event of an incident or threat of unlawful capture of aircraft or other unlawful acts against the safety of passengers, crews, aircraft, airports and air navigation facilities, Contracting Parties shall mutually assist in facilitating communications and other appropriate measures to put an end to this incident or to this threat of incident with speed and security.
6. Where a Contracting Party has reasonable grounds to believe that the other Contracting Party has derogated from the aviation safety provisions of this Article, the first Contracting Party may request immediate consultations with the other Contracting Party. Without prejudice to the provisions of Article 4 of this Agreement, the impossibility of reaching a satisfactory agreement within fifteen (15) days from the date of receipt of such a request for consultations constitutes a ground for the suspension of the rights of the Contracting Parties under this Agreement, within a period of ninety (90) days. If this is justified by a direct and exceptional emergency for the safety of passengers, crew or aircraft of one of the Contracting Parties and if the other Contracting Party has not adequately fulfilled its obligations under paragraphs (4) and (5) of this Article, a Contracting Party may take immediate appropriate interim protection measures to address 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 11
Technical flight safety
1. Each Contracting Party may request consultations on safety standards in areas relating to aeronautical equipment, crews, aircraft or their operation adopted by the other Contracting Party. Such consultations shall take place within thirty (30) days of such a 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 these conclusions and that other Contracting Party shall take the necessary corrective measures. The failure by that other Contracting Party to take appropriate measures within a reasonable period of time, and in all cases within fifteen (15) days or in a longer period, if so agreed, 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 designated company(s) of a Contracting Party 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 authorized representatives of that other
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 effective adoption and 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 relating to the operator or crew of that aircraft have been issued or validated 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 air carrier(s) of a Contracting Party to conduct an inspection on the area of traffic under paragraph (3) of this Article would be denied, 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 in that same paragraph.
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 the first Contracting Party 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 a consultation or of a
7. Any action applied by a Contracting Party in accordance with subsections (2) and (6) of this Article shall be reported as soon as the facts of this measure cease to exist.
Article 12
Statistics
The aeronautical authorities of a Contracting Party shall provide to the aeronautical authorities of the other Contracting Party, at their request, statistical or other similar information that may reasonably be required with respect to the traffic provided on the approved services.
Article 13
Company representation
and business activities
1. The designated air carrier(s) of a Contracting Party shall be entitled, on a reciprocal basis, 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 in force of that Contracting Party.
2. The designated air carrier(s) of a Contracting Party shall be entitled, on a reciprocal basis, in accordance with the laws and regulations of the other Contracting Party relating to entry, residence and employment, to bring and maintain on the territory of the other Contracting Party their own management, operation and commercial personnel and other specialized personnel necessary for the provision of air transport.
3. Each Contracting Party shall grant, in accordance with its laws and regulations in force, on a reciprocal basis, the necessary personnel of the designated air carrier or air carriers of the other Contracting Party access authorizations in its territory to the airport, the areas concerned by the operations of the aircraft, the crew, passengers and goods of the designated air carrier or carriers of the other Contracting Party.
4. Each Contracting Party shall grant on the basis of reciprocity, to the designated air carrier or to the designated air carriers of 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 not exceeding ninety (90) days, the additional personnel required by the undertaking or designated air carriers of the other Contracting Party.
5. Contracting Parties shall ensure that passengers, irrespective of their nationality, may acquire tickets for carriage from the carrier of their choice and have the free power to purchase such tickets in local currency or in a freely convertible currency accepted by that carrier. These principles are also applicable to the carriage of goods.
6. On the basis of reciprocity, the designated air carrier(s) of each Contracting Party shall be allowed, in the territory of the other Contracting Party, to proceed in the currency of that territory or any other freely convertible currency, on their transport titles, to the sale of passenger or cargo air transport in their own offices and through freely chosen accredited agents. The designated air carrier(s) of a Contracting Party are authorized to open and maintain in their own name in the territory of the other Contracting Party, bank accounts opened in the currency of one or the other Contracting Party or in any freely convertible currency or in their choice.
Article 14
Transfer of surplus income
1. Each designated air carrier may convert and transfer to its country, upon request, the excess of its local revenues from local expenditures. Conversion and transfer are permitted without delay and without restrictions, at the exchange rate applicable to current transactions at the time that these revenues are submitted to be converted and transferred and shall not be subject to any levies other than those normally applied by banks to effect such conversions and transfers.
2. To the extent that the service of payments between Contracting Parties is regulated by a special agreement, it is applicable.
Article 15
Claims for use
1. The royalties that may be imposed by the competent authorities or bodies of a Contracting Party to the designated air carriers or carriers of the other Contracting Party for the use of facilities and services of airports, security, aviation safety, security and navigation and other facilities and services that they control are fair, reasonable, non-discriminatory and equitably distributed among the categories of users. They are not higher than those paid for the use of these facilities and services by any air carrier providing similar international air services.
2. Each Contracting Party shall encourage consultations on user fees between their competent authorities that charge the use of facilities and services and air carriers using facilities made available or services provided by these authorities, and that, where possible, through representative organizations of air carriers. Any proposed amendments to user fees must be notified within reasonable time to the users of the facilities and services concerned in order to allow them to express their views before these amendments become effective. In addition, each Contracting Party shall encourage their competent authorities who charge services and air carriers using facilities at their disposal or services provided to exchange appropriate information regarding user fees.
Article 16
Transit
Passengers including their baggage in transit through the territory of a Contracting Party and who do not leave the premises of the airport reserved for this purpose are at the most subject to simplified control. This does not prejudge specific measures that may be taken pursuant to the provisions of Article 10 (Aviation Safety) of this Agreement. 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 consultations on the application, interpretation or amendment of this Agreement. Such consultations, which may take place between Aeronautical Authorities, shall begin within sixty (60) days after the date of receipt by the other Contracting Party of a written request unless otherwise agreed by the Contracting Parties.
Article 18
Settlements of disputes
1. In the event that a dispute arises between the Contracting Parties concerning the interpretation or application of this Agreement, the Contracting Parties shall first endeavour to resolve it by negotiation.
2. In the event that Contracting Parties fail to resolve a dispute by negotiation, they may submit this dispute to a person or body agreed between them or, at the request of a Contracting Party, to the decision of a court composed of three arbitrators which is constituted as follows:
(a) within thirty (30) days of an arbitration application, each Contracting Party shall appoint an arbitrator. A national of a third State, who will assume the presidency of the court, will be chosen as third arbitrator by agreement between the other two in the sixty (60) days following the appointment of the second;
(b) if, within the time limits prescribed above, a designation has not been made, any of the Contracting Parties may request the President of the International Civil Aviation Organization to make the necessary designation(s) within thirty (30) days. Should the President be of the same nationality as one of the Contracting Parties, the member of the following International Civil Aviation Organization in terms of seniority and which would not be disqualified on that same basis may be requested to make such designations.
3. Except in the cases specified below in this article or otherwise approved between Contracting Parties, the Arbitration Tribunal shall determine the limits of its jurisdiction and establish its own procedures. Upon application by the court or at the request of any of the Contracting Parties, a conference to determine the specific points submitted to arbitration and the specific procedures to be followed shall be held within thirty (30) days after the court has been fully constituted.
4. Except as otherwise agreed between Contracting Parties or prescribed by the court, each Contracting Party shall submit in a memorandum within forty-five (45) days after the tribunal has been fully constituted. Each Contracting Party may submit a memorandum in response within sixty (60) days after the handover of the memorandum of the other Contracting Party. At the request of any of the contracting parties, or at its discretion, within thirty (30) days after the reply submissions may be filed, the court will hold an hearing.
5. The court shall endeavour to make a written decision within thirty (30) days after the end of the hearing or, if no hearing is held, thirty (30) days after the date of receipt of the two submissions in reply. The decision shall be taken by a majority vote.
6. Contracting Parties may request clarification of the decision within fifteen (15) days of receipt of this decision and such clarifications shall be made within fifteen (15) days after such request has been made.
7. The court decision is binding on the Contracting Parties.
8. Each Contracting Party shall pay the costs of the arbitrator designated by it. The other expenses of the court shall also be apportioned among the Contracting Parties, including expenses attributable to the President or a member of the International Civil Aviation Organization as a result of the application of the procedures of paragraph (2. (b) of this Article.
Article 19
Amendments
Amendments to this Agreement and its Annex agreed between Contracting Parties shall enter into force after diplomatic confirmation of the performance of the internal procedures required by each Contracting Party.
Rule 20
Multilateral conventions
If a general multilateral convention dealing with matters covered by this Agreement enters into force with respect to the two 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 its decision to denounce this Agreement. Such notification is communicated simultaneously to the International Civil Aviation Organization. This Agreement shall terminate at midnight (in lieu of receipt of notification) immediately before the first anniversary of the date of receipt of notification by the other Contracting Party, unless such notification is withdrawn by mutual agreement before the expiry of that period. In the absence of an acknowledgement from the other Contracting Party, the notification shall be deemed to have received it fourteen (14) days after the date of its receipt by the International Civil Aviation Organization.
Article 22
Registration
International Civil Aviation Organization
This Agreement and all amendments to it shall be registered with the International Civil Aviation Organization.
Article 23
Entry into force
Each Contracting Party shall notify the other of the fulfilment of the constitutional procedures required for the entry into force of this Agreement which takes effect on the first day of the second month following the day on which the second notification is received.
In faith, the representatives of the two Contracting Parties, duly authorized to do so by their respective Governments, have signed this Agreement.
Done in Paris on 22 February 2007, in two original French and Mongolian copies, both texts being equally authentic.
A N N E X E
CONTENTS
Section 1
Route that may be served by the designated French air carrier(s):
From points in the territory of the French Republic to Ulaanbaatar.
Section 2
Route that may be served by the designated Mongolian air carrier(s):
From points in the territory of Mongolia to Paris.
Notes
Flexibility
Each designated air carrier may, on all or part of its services and at its convenience, provided that the relevant services have their points of origin or destination in the territory of the Contracting Party having designated that air carrier:
1. Carry out flights in either direction or in both directions;
2. Serve intermediate points, points beyond and points on the territory of the Contracting Parties on the routes specified in the combination and order of its choice;
3. Make stopovers in one or more points.
Done in Paris, March 11, 2009.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
Minister for Foreign Affairs
and European,
Bernard Kouchner
For the Government
of the French Republic:
Christine Lagarde
Minister Delegate
Trade
For the Government
of Mongolia:
Nyamaa Enkhbold
Minister of Affairs
Foreign
