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. 2008-662 of 4 July 2008 authorizing the approval of the Air Transport Agreement between the Government of the French Republic and the Government of the Republic of Madagascar;
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 transport services between the Government of the French Republic and the Government of the Republic of Madagascar 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.
AGREEMENT ON AIR TRANSPORT SERVICES BETWEEN THE GOVERNMENT OF THE FRENCH REPUBLIC AND GOVERNMENT OF THE MADAGASCAR REPUBLIC
The Government of the French Republic and the Government of the Republic of Madagascar, referred to as “the Contracting Parties”,
Being Parties to the Convention on International Civil Aviation opened for signature in Chicago on 7 December 1944, and
Desiring to conclude an Agreement supplementing the said Convention in order to establish air services between their respective territories and beyond,
The following provisions were agreed:
Article 1
Definitions
1. For the purposes of this Agreement, unless otherwise provided:
(a) the term "Convention" means the International Civil Aviation Convention opened for signature in Chicago on 7 December 1944 and includes all Annex adopted under Article 90 of the Convention and any amendment to the Annexes or to the Convention under Articles 90 and 94 to the extent that these Annexes and amendments were adopted by the two Contracting Parties;
(b) the term "Aeronautical Authorities" means, for the French Republic, the General Directorate of Civil Aviation (DGAC) and, for the Republic of Madagascar, Civil Aviation of Madagascar (ACM) or, for both, any person or body authorized to perform functions currently performed by the above-mentioned Authorities or similar functions;
(c) the term "designated air carrier" means a designated air carrier in accordance with Article 3 of this Agreement;
(d) the term "territory" has the meaning given to it by Article 2 of the Convention;
(e) the terms "air service", "international air service", "air carrier" and "non-commercial port of call" have the meaning given to them, respectively, Article 96 of the Convention;
(f) the term "specified roads" means the roads in the road table annexed to this Agreement;
(g) the term "approved services" means regular air services for the carriage of passengers, mail and cargo, carried out with pay on specified routes;
(h) the term "tariff" means the prices charged by air carriers, directly or through their agents, for the carriage of passengers, baggage and cargo, as well as the conditions to which these prices apply, including the remuneration and conditions applicable to agencies but excluding the remuneration or conditions applicable to the carriage of mail;
(i) the term "use royalties" means the royalty imposed on air carriers by the competent authorities for the use of an airport or air navigation facilities by aircraft, their crews, passengers or cargo;
(j) the term "Agreement" means this Agreement, its Annexes and any amendments to the Agreement or its Annexes agreed to in accordance with the provisions of Article 19 of this Agreement.
2. The Annex forms an integral part of this Agreement. Any reference to the Agreement shall also apply to its Annex, unless expressly agreed otherwise.
Article 2
Granting of rights
1. Each Contracting Party shall grant to the other Contracting Party the following rights for the purposes of international air services, whether regularly or not, carried out by the air carriers of the other Contracting Party:
(a) the right to overflight its territory without landing;
(b) the right to make stopovers in its territory for non-commercial purposes.
2. Each Contracting Party shall grant to the other Contracting Party the rights set out in this Agreement in order to establish and operate scheduled international air services on the routes specified in the Annex to this Agreement. As part of the operation of an authorized service on a specified road, an air carrier designated by a Contracting Party shall, in addition to the rights set out in paragraph 1 of this Article, have the right to make ports of call on the territory of the other Contracting Party to the points mentioned for the specified road in order to board and disembark, separately or together, passengers and cargo, including mail, to or from the Contracting Party
3. Nothing in this Agreement shall be construed as conferring on the air carrier of a Contracting Party the right to embark on the territory of the other Contracting Party, for rent or remuneration, passengers, baggage or cargo, including mail, to another point in the territory of that other Contracting Party.
Article 3
Designation and authorization of air carriers
1. Each Contracting Party shall have the right to designate in writing to the other Contracting Party one or more air carriers for the purpose of operating services approved on specified routes. These designations are made through diplomatic channels.
2. Upon receipt of a designation made by one of the Contracting Parties in accordance with the provisions of paragraph 1 of this Article and upon request of the designated air carrier in the form and in the prescribed manner, the Aeronautical Authorities of the other Contracting Party shall grant, as soon as possible, the appropriate operating authorizations, provided that:
(a) in the case of an air carrier designated by the French Republic:
(i) that the carrier be established in the territory of the French Republic under the Treaty establishing the European Community and has a valid operating licence in accordance with the law of the European Community; and
(ii) that the effective regulatory control of the carrier is exercised and assured 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 the Republic of Madagascar:
(i) that the air carrier be established in the territory of the Republic of Madagascar and has a valid operating licence in accordance with the law applicable to Madagascar; and
(ii) that the Republic of Madagascar is responsible for issuing its air carrier certificate and has effective regulatory control over the air carrier;
(c) that the designated air carrier is capable of satisfying the conditions prescribed under the laws and regulations normally and reasonably applicable in respect of international air transport by the Contracting Party which considers the request(s) in accordance with the provisions of the Convention;
(d) the standards set out in articles 8 and 18 shall be applied and implemented.
3. Where an air carrier has been so designated and authorized, it may commence the operation of the approved services at any time, subject to compliance with the provisions of this Agreement.
Article 4
Revocation or suspension of an operating authorization
1. Each Contracting Party has the right to revoke an operating authorization, to suspend the exercise of the rights granted by this Agreement to an air carrier designated by the other Contracting Party or to impose on the exercise of these rights the conditions that it considers necessary when:
(a) in the case of an air carrier designated by the French Republic:
(i) that carrier is not established in the territory of the French Republic under the Treaty establishing the European Community or does not have a valid operating licence and in accordance with the law of the European Community; or
(ii) this 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 the competent aeronautical Authority is not clearly identified in the designation;
(b) in the case of an air carrier designated by the Republic of Madagascar:
(i) the air carrier is not established in the territory of the Republic of Madagascar or has no valid licence and complies with the law applicable to Madagascar; or
(ii) the Republic of Madagascar is not responsible for the issuance of its air carrier certificate or does not exercise effective regulatory control over the air carrier;
(c) that carrier shall not comply with the laws or regulations normally and reasonably applied to the operation of international air transport by the Contracting Party which grants such rights;
(d) in all cases where the standards set out in this Agreement, in particular articles 8 and 18, are not applied and implemented.
2. Unless the revocation, suspension or imposition of the conditions set out in paragraph 1 of this Article is immediately necessary to avoid further breaches of such laws and regulations or the provisions of this Agreement, that right shall be exercised only after consultations with the other Contracting Party. Such consultations shall be held within thirty (30) days after the date of their application by one of the Contracting Parties, unless the two Contracting Parties agree otherwise.
Article 5
Principles for the operation of approved services
1. Each Contracting Party shall ensure that the designated air carriers of the two Contracting Parties have fair and equal possibilities of competition for the operation of the approved services governed by this Agreement. Each Contracting Party shall ensure that its designated air carrier(s) operate under conditions that permit compliance with this principle and shall take steps to ensure compliance as necessary.
2. For the operation of the approved services, each Contracting Party shall ensure that its designated air carrier(s) shall take into account the interests of the air carrier(s) designated by the other Contracting Party so as not to unduly affect the services provided by the latter on all or part of the common roads.
3. The approved services offered by designated air carriers of the Contracting Parties on the routes specified between their respective territories shall be closely related to the request for the carriage of the customers and shall have as its primary objective to offer, with a reasonable coefficient of filling compatible with the tariffs in accordance with the provisions of Article 14 of this Agreement, an appropriate capacity to meet the current and reasonably expected requirements of the carriage of passengers, air cargo and courier services, in order to promote harmonious development among the Contracting Parties
4. The proposed transport offer by air carriers designated for traffic from or to specified road points located in the territory of third countries shall be in accordance with the general principles that the capacity shall be in relation to:
(a) the requirements of traffic from or to the territory of the Contracting Party that has designated such air transport;
(b) the traffic requirements of the area crossed, taking into account local and regional services; and
(c) requirements for direct flights.
Article 6
Enforcement of laws and regulations
1. The laws, regulations and procedures of a Contracting Party relating to the entry into its territory or to the exit of its territory of aircraft providing international air services, or to the operation and navigation of such aircraft during their stay in its territory, apply to aircraft of the designated air carrier(s) of the other Contracting Party and are applied to such aircraft at the entry in the territory, at the exit of the territory or during the first stay in the Contracting Party
2. The laws and regulations of a Contracting Party relating to the entry into its territory or the exit of its territory of passengers, baggage, crews and cargo on board aircraft shall be complied with by such passengers, baggage, crews and cargo of the air carrier(s) of the other Contracting Party, or on their behalf, at the time of the entry into or exit of the territory of a Contracting Party.
3. The laws and regulations referred to in paragraphs 1 and 2 of this section are the same as those applicable to national aircraft that provide similar international air services, as well as to passengers, baggage, crews, freight and mail carried by such aircraft.
Article 7
Certificates of Airworthiness, Certificates of Fitness and Licences
1. The validity of certificates of airworthiness, certificates of suitability and licences issued or validated in accordance with the rules and procedures of a Contracting Party and in the course of validity shall be recognized by the other Contracting Party for the purposes of the operation of air services on specified routes, provided that the criteria for the issuance or validation of such certificates, patents or licences are at least equal to the standards that may be established under the Convention.
2. However, each Contracting Party reserves the right not to recognize, for the purpose of overflighting its own territory, the validity of the suitability and licences granted to its own nationals by the other Contracting Party.
Article 8
Technical flight safety
1. Each Contracting Party may request at any time consultations on the safety standards required by the other Contracting Party relating to aeronautical installations, crews, aircraft and their operation. These consultations take place within thirty (30) days of the date of application.
2. If, as a result of these consultations, a Contracting Party considers that the other Contracting Party does not require or effectively implement, in any of the areas referred to in paragraph 1, security standards at least equal to the minimum standards established at the time under the Convention, it shall inform the other Contracting Party of these findings and the other Contracting Party shall adopt corrective measures accordingly. If the other Contracting Party does not adopt such measures within a reasonable period of time and, in any case, within fifteen (15) days or within a longer period of time that may be agreed upon, it is necessary to apply Article 4 of this Agreement.
3. notwithstanding the obligations set out in Article 33 of the Convention, it is agreed that any aircraft operated or leased by the air carrier(s) of a Contracting Party for services to or from the territory of another Contracting Party may, during its stay in the territory of the other Contracting Party, be subject to review by the authorities representing the other Contracting Party on board or outside the aircraft in order to
4. If an inspection or series of ground inspections results in:
(a) irrefutable material evidence that an aircraft or its operation does not meet the minimum standards in force in accordance with the Convention, or
(b) irrefutable material evidence of 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 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 of a refusal of access to an aircraft operated by the air carrier(s) of a Contracting Party for the purpose of its ground inspection pursuant to paragraph 3 above, the other Contracting Party shall have the discretion to deduce that there are deficiencies such as those mentioned in paragraph 4 above and to draw the conclusions referred to in the same paragraph.
6. Each Contracting Party reserves the right to immediately suspend or amend the operating authorization granted to one or more air carriers of the other Contracting Party if, as a result of a ground inspection, a series of ground inspections, a refusal of access to the ground inspection, consultations or any other form of dialogue without satisfactory agreement, it concludes the need to act immediately to ensure the safety of the carriers
7. Any action undertaken by a Contracting Party in accordance with paragraphs 1, 2 or 6 above shall be suspended as soon as the reasons given therein have ceased to exist.
8. If the French Republic has designated an air carrier whose regulatory control is exercised and provided by another Member State of the European Union, the rights of the Republic of Madagascar under this Article shall also apply to the adoption, application or implementation of security criteria by that Member State of the European Union and to the authorization to operate this air carrier.
Article 9
Claims for use
1. The user fees that may be collected by the competent authorities or bodies of a Contracting Party to the designated air carrier(s) of the other Contracting Party for the use of airport facilities and services and security, safety, air navigation and other facilities that fall under their authority shall be fair, reasonable, non-discriminatory and shall be subject to equitable distribution among the categories of users. They must not be higher than those perceived in the use of these services and facilities by another air carrier that operates similar or similar services.
2. These fees may reflect, but not exceed, a fair share of the total cost of providing airport facilities and services, as well as security, safety and air navigation services and facilities. Facilities and services for which royalties are collected are provided on an efficient and economic basis. The competent authorities or bodies of each Contracting Party shall notify the designated air carrier(s) of the other Contracting Party of any significant change in such royalties; such notification shall be made within a reasonable period prior to the coming into force of that amendment. Each Contracting Party shall encourage consultations between the competent authorities or agencies in its territory and air carriers who use the services and facilities in the event of royalty increases.
Article 10
Customs duties and taxes
1. At the entry into the territory of a Contracting Party, aircraft operated for the purpose of international air services by the designated air carrier(s) of the other Contracting Party, their normal equipment, their fuels and lubricants, consumable technical supplies, spare parts, including engines, and on-board provisions (including but not limited to food, beverages and alcohols, tobacco and other products intended for sale
2. Taxes, fees, inspection fees and royalties referred to in paragraph 1 of this section are also exempted, on the basis of reciprocity, except royalties based on the cost of the services rendered:
(a) the on-board provisions introduced or provided in the territory of a Contracting Party and taken on board, within reasonable limits, to be used on aircraft from the designated air carrier(s) of the other Contracting Party operating international air services, even if such provisions are intended to be used on a part of the journey carried out over the territory of the Contracting Party in which they are taken on board;
(b) normal equipment and spare parts, including engines, introduced in the territory of a Contracting Party for the maintenance, maintenance, repair and supply of an aircraft of a designated air carrier of the other Contracting Party providing international air services;
(c) fuels, lubricants and consumable technical supplies introduced or provided on the territory of a Contracting Party for use on an aircraft of a designated air carrier of a Contracting Party providing international air services, even if such supplies are intended to be used on a part of the journey carried out over the territory of the Contracting Party in which they are taken on board;
(d) promotional printed material and advertising material, including but not limited to schedules, brochures and printed material, introduced in the territory of a Contracting Party and intended to be distributed free of charge on board aircraft by the designated air carrier(s) of the other Contracting Party.
3. Equipment and supplies referred to in paragraphs 1 and 2 of this article may be required to be placed under the supervision or control of the competent authorities.
4. The exemptions provided for in this Article shall also be granted where the designated air carrier(s) of a Contracting Party have entered into contracts with another air carrier with the same exemptions from the other Contracting Party for the loan or transfer to the territory of the other Contracting Party of the goods referred to in paragraphs 1 and 2 of this Article.
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 a designated air carrier of the Republic of Madagascar to carry out flights between a point located in the territory of the French Republic and another point located in the territory of the French Republic or of the European Union.
6. No provision of this Agreement shall be construed as depriving the Republic of Madagascar 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 a designated air carrier of the French Republic to carry out flights between a point located in the territory of the Republic of Madagascar and another point located in the territory of the Republic of Madagascar.
Article 11
Commercial activities
1. The designated air carrier(s) of a Contracting Party shall be entitled, on the basis of reciprocity, to establish offices in the territory of the other Contracting Party for the purposes of the promotion and sale of air transport services.
2. The designated air carrier(s) of a Contracting Party shall be authorized, on the basis of reciprocity, to enter and reside in the territory of the other Contracting Party their management, operation, commercial personnel and any other specialized personnel necessary for the purpose of air transportation.
3. Each Contracting Party shall grant to the necessary personnel of the designated air carrier(s) of the other Contracting Party, on the basis of reciprocity, the authorization to access, on its territory, the airport and areas related to the operation of aircraft, crews, passengers and cargo of an air carrier of the other Contracting Party.
4. Each Contracting Party shall grant, on the basis of reciprocity, the designated air carrier(s) of the other Contracting Party the right to enter and reside in its territory for short periods not exceeding ninety (90) days, the additional personnel required by the designated air carrier(s) of the other Contracting Party for its activities.
5. Contracting Parties shall ensure that passengers, irrespective of their nationality, may purchase tickets from the air carrier of their choice, in local currency or in any freely convertible currency accepted by that air carrier. These principles also apply to freight transportation.
6. On the basis of reciprocity, the designated air carrier(s) of a Contracting Party shall, in the territory of the other Contracting Party, have the right to proceed, in local currency or in any freely convertible currency, to the sale of their air passenger and cargo tickets, in their own offices and through the accredited agents of their choice. The designated air carrier(s) of a Contracting Party shall, therefore, have the right to open and maintain in the territory of the other Contracting Party nominal bank accounts in the currency of either of the Contracting Parties or in any freely convertible currency at their discretion.
7. As part of the operation or offer of approved services on specified routes, provided that all air carriers parties to such agreements have (a) adequate authorizations and (b) meet the criteria normally applicable to such agreements, any designated air carrier of a Party may enter into trade cooperation agreements, including arrangements for the reservation of capacity, the sharing of codes or leases, with one or more air carriers of a Party
The air carrier conducting the commercialization of the seats sold under the code-sharing regime must make it clear to the passengers, at the time of this commercialization and at the lowest point during the registration, what will be the carrier responsible for the operation of the flight.
Air carriers are required to file for approval any cooperation arrangement with the Aeronautical Authorities of the two Parties at least thirty (30) days before the scheduled date of its introduction.
8. One in the other Party may prevent the naked hull rental of aircraft that do not meet the safety and security provisions of the sections.
Subject to the preceding paragraph, designated air carriers of each Party may use bare-hull leased aircraft from a company, including other airlines.
Article 12
Transfer of surplus income
1. Each Contracting Party shall, on the basis of reciprocity and upon request, grant to the designated air carrier(s) of the other Contracting Party the right to convert and transfer to the territory of their choice the excess of local revenues derived from the sale of air services and related activities in the territory of the other Contracting Party. Its conversion and transfer are authorized promptly, without taxation, at the current exchange rate.
2. Each Contracting Party shall grant to the designated air carrier(s) of the other Contracting Party the right to assign all or part of their revenues realized in the territory of the other Contracting Party to the regulation of all expenses related to their transportation activities (including fuel purchases) and other activities related to air transport.
3. If the transfer of excess revenue between Contracting Parties is governed by a particular agreement, the agreement shall apply.
Article 13
Assist services in stopover
Subject to the laws and regulations in force in each Contracting Party, air carriers have the right to provide their own port of call assistance services in the territory of the other Contracting Party (self-help) or, at their discretion, to choose to subcontract these services in whole or in part to one of the undertakings authorized to offer these services concurrently. Where applicable laws and regulations prohibit or limit the possibility of self-help or where there is no effective competition between the different service providers in port of call, each designated carrier is treated in a non-discriminatory manner in respect of the assistance and self-help rights granted to other international air carriers.
Article 14
Rates
1. The rates to be applied by the designated air carrier(s) of a Contracting Party for the carriage to or from the territory of the other Contracting Party shall be fixed at reasonable levels, taking due account of all relevant factors, including operating costs, characteristics of services, rate of commissions, reasonable benefit and rates of other air carriers. The aeronautical authorities of the two Contracting Parties shall ensure that designated air carriers meet the above criteria.
2. The tariffs are subject to the Aeronautical Authorities at least thirty (30) days before the scheduled date for their entry into force. This period may be reduced in special cases, subject to the agreement of the said Authorities. If none of the aeronautical authorities reported its disapproval of a tariff set out in this subsection within thirty (30) days, the tariff is deemed to be approved.
3. If aeronautical authorities of a Contracting Party consider that one or more tariffs proposed 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, without prejudice to the application of the provisions of Article 5 of this Agreement, request consultations on this subject with the aeronautical authorities of the other Contracting Party. These consultations take place within thirty (30) days of receipt of the application. Where applicable, the Authorities of the Contracting Parties shall endeavour to determine the rates by agreement between them.
4. If the aeronautical authorities of the Contracting Parties fail to agree on a tariff submitted to them in accordance with paragraph 3 of this Article, the dispute shall be settled in accordance with the provisions of Article 20 of this Agreement.
5. 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 the expiry date or approval of new tariffs. However, tariffs cannot be maintained in force under this paragraph for more than twelve (12) months after the date on which they should have expired, except for the specific agreement of the Contracting Parties. However, the aeronautical authorities of both Contracting Parties may disapprove tariffs that are unreasonably discriminatory, exaggerated or restrictive due to abuse of dominant position, or artificially weak due to subsidies or direct or indirect aids, or that are likely to result in dumping.
6. Notwithstanding the provisions of this Article, for carriage wholly insured within the European Community, the tariffs to be applied by the air carrier(s) shall be subject to the law of the European Community.
Article 15
Approval of programmes
1. The designated air carrier of each Contracting Party shall, no later than thirty (30) days before the date of operation of any authorized service, submit, for approval, its operating program to the Aeronautical Authorities of the other Contracting Party. This program will include the type of service, aircraft that will be used, the flight schedule and any relevant information.
2. Any subsequent change in the approved programme of the designated air carrier of one of the Contracting Parties shall be submitted to the Aeronautical Authorities of the other Contracting Party for approval.
3. If one of the designated air carriers wishes to operate additional or additional flights other than those provided by the approved schedules, it shall first obtain the permission of the Aeronautical Authorities of the other Contracting Party.
4. Any refusal by an Aeronautical Authority must be justified and served sufficiently in advance and to the extent possible fifteen (l5) days before the commencement date of operation of the services.
Article 16
Transit
1. Passengers and cargo in transit through the territory of a Contracting Party are subject to simplified controls.
2. Cargo and baggage in transit through the territory of the other Contracting Party are exempt from all customs duties, inspection fees and other fees and charges.
Article 17
Statistics
The Aeronautical Authorities of a Contracting Party shall communicate to the Aeronautical Authorities of the other Contracting Party, or shall, at their request, communicate to them by their designated air carrier(s) the statistical documents that may be reasonably necessary to examine the operation of the approved services.
Article 18
Aviation safety
1. In accordance with their rights and obligations under international law, Contracting Parties reaffirm that their mutual obligation to protect the safety of civil aviation against acts of unlawful intervention forms an integral part of this Agreement. Without limiting the general scope of their rights and obligations under international law, Contracting Parties shall act, inter alia, in accordance with the provisions of the Convention on Offences and Certain Other Acts Committed on board Aircraft signed in Tokyo on 14 September 1963, of the Convention for the Suppression of the Illicit Capture of Aircraft signed in The Hague on 16 December 1970, of the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation signed in Montreal on 23 September 1971
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 directed against the safety of such aircraft, passengers, crews, airports and air navigation facilities, as well as any other threat to the safety of civil aviation.
3. Contracting Parties shall act, in their mutual relations, in accordance with the provisions relating to aviation safety established by the International Civil Aviation Organization and designated as Annexes to the Convention, to the extent that these provisions are applicable to Contracting Parties; they require that aircraft operators whose main office of activity or permanent residence is located in their territory and airport operators located in their territory act in accordance with these provisions relating to aviation safety. In this paragraph, the reference to provisions relating to aviation safety shall include any discrepancies notified by the Contracting Party concerned. Each Contracting Party shall notify the other Contracting Party in advance of its intention to disclose a discrepancy with respect to these provisions.
4. Each Contracting Party agrees that its aircraft operators may be required to comply with the aviation safety provisions referred to in paragraph 3 of this Article and required by the other Contracting Party, in accordance with Article 6 of this Agreement, for the entry and stay in the territory and for the exit of the territory of that Contracting Party. Each Contracting Party shall ensure that appropriate measures are effectively applied in its territory to protect aircraft and to inspect passengers, crews, baggage, cargo and vessel provisions before and during boarding or loading. Each Contracting Party shall also consider carefully any request from the other Contracting Party with a view to establishing special but reasonable security measures to deal with a particular threat.
5. In the event of an incident or threat of unlawful capture of a civilian aircraft or other unlawful acts directed against the safety of passengers, crews, aircraft, airports or air navigation facilities, Contracting Parties shall assist each other by facilitating communications and taking other appropriate measures to put an expeditious and safe end to the incident or threat.
6. If a Contracting Party has serious elements to consider that the other Contracting Party does not comply with the aviation safety provisions set out in this Article, it may request immediate consultations with the other Contracting Party. Without prejudice to the provisions of Article 4 of this Agreement, the absence of satisfactory agreement within fifteen (15) days from the date of this application constitutes a ground for the suspension of rights granted to Contracting Parties under this Agreement. In the event of an emergency constituted by a direct and exceptional threat to the safety of passengers, crews or aircraft of a Contracting Party and if the other Contracting Party has failed to comply adequately with its obligations under paragraphs 4 and 5 of this Article, a Contracting Party may take immediate, on a temporary basis, appropriate protection measures to address this threat. Any action undertaken pursuant to this paragraph shall be terminated as soon as the other Contracting Party has complied with the provisions of this Article.
Article 19
Consultations and amendments
1. The aeronautical authorities of the Contracting Parties shall consult as often as it is deemed necessary, in a spirit of close cooperation, to ensure the satisfactory application of the principles and provisions of this Agreement. These consultations begin within sixty (60) days from the date of receipt of a request for consultations from a Contracting Party.
2. Each Contracting Party may at any time request consultations to the other Contracting Party in order to interpret the provisions of this Agreement or to make any amendments or amendments to the provisions of this Agreement or its Annex that it considers desirable. These consultations may take place between the Aeronautical Authorities and take place orally or by correspondence. These consultations begin within sixty (60) days from the date of receipt of a request for consultations from a Contracting Party.
3. The amendments or amendments to this Agreement agreed between the Contracting Parties under the provisions of paragraph 2 of this Article shall apply, as appropriate, on a provisional basis, to the date of their signature and shall be confirmed by diplomatic means after the completion of the internal procedures required by each Contracting Party.
Rule 20
Settlements of disputes
1. In the event of a dispute between the Contracting Parties concerning the interpretation or application of this Agreement, the Contracting Parties shall first endeavour to resolve it by direct negotiations between the Aeronautical Authorities, in accordance with the provisions of Article 19 of this Agreement.
2. If the aeronautical authorities of the Contracting Parties fail to reach an agreement, the settlement of the dispute may be sought through diplomatic consultations. These consultations begin within sixty (60) days from the date of receipt of a request for consultations from a Contracting Party.
3. If the Contracting Parties fail to reach a settlement through negotiations in accordance with paragraphs 1 and 2 of this Article, they may either agree to submit the dispute for decision to a person or body designated by mutual agreement, or, at the request of either of the Contracting Parties, submit the dispute for decision to a tribunal composed of three arbitrators. In this case, each Contracting Party shall designate an arbitrator; the third arbitrator, who shall not be a national of one of the Contracting Parties, shall be appointed by these two arbitrators and shall serve as President of the Court. Each Contracting Party shall designate its arbitrator within sixty (60) days after the date of receipt by either of them of the request for arbitration from the other Contracting Party and transmitted through diplomatic channels; the third arbitrator shall be designated within sixty (60) days after the designation of the first two. If one of the Contracting Parties does not designate an arbitrator within the prescribed time limit or if the third arbitrator has not been designated within the prescribed time limit, the President of the Council of the International Civil Aviation Organization may, at the request of any of the Contracting Parties, appoint one or, as the case may be, several arbitrators.
4. The Arbitration Court freely sets its procedural rules. The costs of national arbitrators shall be borne by the Contracting Parties which have designated them. All other costs of the Arbitration Tribunal are shared equally between Contracting Parties.
5. The Contracting Parties shall comply with any decision rendered under paragraph 3 of this article.
6. If one of the Contracting Parties fails to comply with a decision made under paragraph 3 of this Article and as long as it continues not to comply with it, the other Contracting Party may limit, refuse or repeal any right or privilege granted under this Agreement to the Party or air carriers designated in default.
Article 21
Multilateral agreements
If, after the entry into force of this Agreement, both Contracting Parties become bound by a multilateral agreement dealing with matters governed by this Agreement, the provisions of that Agreement shall prevail. The two Contracting Parties may consult in accordance with Article 19 of this Agreement with a view to determining the extent to which this Agreement is affected by the provisions of this multilateral agreement and whether this Agreement is to be revised to take into account this multilateral agreement.
Article 22
Denunciation
Each Contracting Party may at any time notify in writing and through diplomatic channels of its intention to denounce this Agreement. This notification must be addressed simultaneously to the International Civil Aviation Organization. In this case, this Agreement shall terminate twelve (12) months after the date of receipt of the notification by the other Contracting Party, except for the withdrawal of the denunciation decided by mutual agreement before the expiry of the period. If the notification is not acknowledged by the other Contracting Party, the notification shall be deemed to have been received fifteen (15) days after the date on which the International Civil Aviation Organization has acknowledged its receipt.
Article 23
Registration to the Organization
International Civil Aviation
This Agreement will be registered with the International Civil Aviation Organization.
Article 24
Entry into force
This Agreement replaces the agreement signed in Antananarivo on 1 December 1962 between the Government of the French Republic and the Government of the Republic of Madagascar and all subsequent amendments.
The provisions of this Agreement shall enter into force on the first day of the second month following the date on which the two Contracting Parties shall notify each other of the fulfilment of their own constitutional formalities.
In faith, the undersigned, duly authorized by their respective Governments, have signed this Agreement.
Done in Antananarivo, on 21 July 2005, in duplicate, in French.
A N N E X E
CONTENTS
A. - Road that can be operated in both directions by the designated air carrier(s) of the French Republic
A1. Long letter route
| Points in France | Points to communicate | Antananarivo A point to communicate | Points to communicate |
A2. Regional road
| Points Meeting and Mayotte | Points to communicate | 4 points | Points to communicate |
B1. Long letter route
| Points Madagascar | Points to communicate | Paris A point to communicate | Points to communicate |
B2. Regional road
| Points Madagascar | Points to communicate | 3 points | Points to communicate |
Done in Paris, 9 June 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:
Brigitte Girardin,
Minister Delegate
Cooperation
Development
et à la francophonie
For the Government
of the Republic of
of Madagascar:
Marcel Ranjeva,
Minister for Foreign Affairs
