Decree No. 2009-665 9 June 2009 On The Publication Of The Air Services Agreement Between The Government Of The French Republic And The Government Of The Republic Of Madagascar

Original Language Title: Décret n° 2009-665 du 9 juin 2009 portant publication de l'accord relatif aux services de transport aérien entre le Gouvernement de la République française et le Gouvernement de la République de Madagascar

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Summary Application of the art. 52-55 of the Constitution.
Keywords foreign and European Affairs, INTERNATIONAL agreement, BILATERAL agreement, FRANCE, MADAGASCAR, transport, carrier, TRANSPORT SERVICE air, operation, security air JORF n ° 0134 of June 12, 2009 page 9576 text no. 11 Decree No. 2009-665 of 9 June 2009 on the publication of the agreement relating to the air transport services between the Government of the French Republic and the Government of the Republic of Madagascar (1) NOR : MAEJ0911702D ELI: https://www.legifrance.gouv.fr/eli/decret/2009/6/9/MAEJ0911702D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2009/6/9/2009-665/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 n ° 2008-662 of 4 July 2008 authorizing approval of the air services agreement between the Government of the French Republic and the Government of the Republic of Madagascar;
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 relating to the 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.


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.


AGREEMENT on the air SERVICES between the Government of the French Republic and the Government of the Republic of MADAGASCAR the Government of the French Republic and the Government of the Republic of Madagascar called hereinafter "the Contracting Parties", being Parties to the Convention on international civil aviation opened for signature at Chicago on 7 December 1944 , and desiring to conclude an Agreement supplementing said Convention to establish air services between their respective territories and beyond, have agreed upon the following provisions: Article 1 Definitions 1. For the purposes of this agreement, unless otherwise provided: has) 'Convention' means the Convention on international civil aviation opened for signature at Chicago on 7 December 1944 and includes any annex adopted under article 90 of that Convention and any amendment to the Annexes or to the Convention under articles 90 and 94, insofar as these Annexes and amendments have been adopted by the two Contracting Parties;
(b) the term "Aeronautical authorities" means, as regards the French Republic, the Directorate General of civil aviation (DGCA) and, for the Republic of Madagascar, Civil Aviation of Madagascar (ACM) or, for one and the other, any person or body authorized to perform functions currently carried out by the authorities mentioned above or similar functions;
(c) the term "designated airline" means an airline designated under article 3 of this agreement;
(d) the term "territory" has the meaning given to it by article 2 of the Convention;
(e) the term "air service", "international air service", 'air carrier' and "non-commercial stopover" have the meanings as, respectively, article 96 of the Convention;
(f) the term "specified routes" means the routes in the route schedule annexed to this agreement;
(g) 'authorized services' means regular air services transport, separate or combined passengers, mail and freight, performed for a fee on routes specified;
(h) the term "tariff" means the prices charged by carriers, directly or through their agents for the carriage of passengers, baggage and cargo, as well as the conditions to which apply these prices, including remuneration and conditions applicable to the agencies, but excluding remuneration or the conditions applicable to the carriage of mail;
(i) "user charges" means the levy imposed on air carriers by the competent authorities in respect of the use of an airport or air navigation facilities by aircraft, their crew, their passengers or their cargoes;
(j) the term "Agreement" means this agreement, its Annexes and any changes to the agreement or to its Annexes agreed 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 also focuses on its schedule, unless expressly agreed otherwise.
Article 2 grant of rights 1. Each contracting party grants to the other Contracting Party the rights herein for the purposes of air services international, regular or not, are submitted by the airlines of the other Contracting Party: has) the right to fly across its territory without landing;
(b)) the right to make stops in its territory for non-commercial purposes.
2 each contracting party grants to the other Contracting Party the rights specified in this agreement to establish and operate scheduled international air services on the routes specified in the annex to this agreement. In the context of the operation of a service approved on a specified route, an air carrier designated by a Contracting Party has, in addition to the rights set forth in paragraph 1 of the present article, the right to make stops in the territory of the other Contracting Party at the points mentioned for said road specified in order to embark and disembark, separately or together, passengers and cargo including mail, destination or from the territory of the first Contracting Party.
3. no provision of this Agreement shall be construed as conferring on the airline of a Contracting Party the right to embark on the territory of the other Contracting Party, through rental or pay, passengers, their baggage, or cargo, including mail, destined for another point in the territory of that other Contracting Party.
Article 3 Designation and authorisation of air carriers 1. Each Contracting Party has the right to designate in writing to the other Contracting Party one or more air carriers for the purpose of operating the services approved on the specified routes. These designations are made through diplomatic channels.
2. on receipt of a designation by one of the 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 give as soon as possible the appropriate operating authorisation to condition: a) in the case of an air carrier designated by the French Republic (: i) that this carrier is established in the territory of the French Republic under the Treaty establishing the European Community and has a licence valid complies with European Community law; and (ii) effective regulatory control of the carrier is exercised and maintained by the Member State of the European Community responsible for the issuance of certificate of carrier and the aeronautical authority competent is clearly identified in the designation;
(b) in the case of an air carrier designated by the Republic of Madagascar: i) the air carrier is established in the territory of the Republic of Madagascar and has a valid operating licence and comply with the law applicable to Madagascar; and (ii) that the Republic of Madagascar is responsible for issuing its air operator's certificate and effective regulatory control over the air carrier;
(c) that the designated air carrier be able to satisfy the conditions prescribed in respect of the laws and regulations normally and reasonably applicable to international carriage by air by the Contracting Party which examines the applications in accordance with the provisions of the Convention;
(d) the standards laid down in articles 8 and 18 are applied and implemented.
3. when an airline has been so designated and authorized, it can start at any time the operation of authorized services, subject to respecting the provisions of this agreement.
Article 4 Revocation or suspension of operating authorization 1. Each Contracting Party has the right to revoke an authorization to operate, to suspend the exercise of the rights granted by this agreement to an air carrier designated by the other Contracting Party or impose conditions it considers necessary when on the exercise of these rights: a) in the case of an air carrier designated by the French Republic: i) this carrier is not established in the territory of the French Republic under the Treaty establishing the European Community or does not have operating licence valid and complies with European Community law; or (ii) effective regulatory control of the air carrier is not exercised or performed 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 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 comply with the law applicable to Madagascar; or (ii) the Republic of Madagascar is not responsible for issuing its air operator's certificate or did not exercise effective regulatory control over the air carrier;
(c) the carrier fails to the laws and regulations normally and reasonably applied to the operation of international air transportation by the Contracting Party granting these rights;
(d) in all cases where the standards set out in this agreement, in particular in articles 8 and 18, are not applied and implemented in work.
2. unless the revocation, suspension or imposition of the conditions laid down in paragraph 1 of this article are immediately necessary to prevent new offences to such laws and regulations or the provisions of this agreement, this right is exercised only after consultations with the other Contracting Party. These consultations shall be held within thirty (30) days of the date of their request by one of the Contracting Parties, unless otherwise agreed between the Contracting Parties.
Article 5 principles governing the operation of chartered services 1. Each Contracting Party makes so that the designated airlines of the two Contracting Parties have opportunities fair and equal competition to operate chartered services governed by this agreement. Each Contracting Party shall ensure that his or her designated air carriers operate under conditions that allow to comply with this principle and takes measures to ensure compliance as necessary.
2. for the operation of authorized services, each Contracting Party shall ensure that his or her designated air carriers take account of the interests of the airlines designated by the other Contracting Party so as to not unduly affect the services provided by the latter on all or part of the common roads.
3. the authorized services offered by designated air carriers Contracting Parties on routes specified between their respective territories must be in close contact with the transport demand of the customer and must be paramount to offer, with a filling factor reasonable compatible with tariffs consistent with the provisions of article 14 of this agreement, appropriate to capacity against the current and reasonably anticipated needs passenger freight and mail, in order to promote the harmonious development of air services between the territories of the Contracting Parties.
4. the transport offered by designated airlines for traffic originating at or destined to the specified route points on the territory of third countries must comply with the General principles that capacity should be related with: a) the needs of the traffic originating or destined for the territory of the Contracting Party which has appointed such air carriage;
b) the traffic requirements of the area traversed, taking into account local and regional; and (c) the need for direct flights.
Article 6 Application of laws and regulations 1. The laws, regulations and procedures of a Contracting Party concerning the entry on its territory or exit from its territory of aircraft of international air services, or the operation and navigation of such aircraft during their stay on its territory, apply to the aircraft of the designated airlines of the other Contracting Party and are applied to these aircraft at the entrance in the territory at the exit of the territory or during the stay on the territory of the first Contracting Party.
2. the laws and regulations of a Contracting Party concerning the entry into its territory or exit from its territory of passengers, baggage, crew and cargo aircraft are respected by such passenger, baggage, crew and cargo or air carriers of the other Contracting Party or on their behalf, when the entry or exit from the territory of a Contracting Party.
3. the laws and regulations referred to in paragraphs 1 and 2 of this article are the same as those that apply to the national aircraft providing services similar international air, as well as to passengers, baggage, crew, cargo and mail carried by these aircraft.
Article 7 certificates of airworthiness, patent of aptitude and licensing 1. The validity of the certificates of airworthiness, certificates of competency and licenses issued or validated in accordance with the rules and procedures of a Contracting Party and valid is recognized by the other Contracting Party for the purposes of the operation of air services on the specified routes, provided that the criteria for issuing or validation such certificates, patents or licences are at least equal to the standards that may be established pursuant to the Convention.
2. However, each Contracting Party reserves the right not to recognize the validity of patents for aptitude and licences granted to its own nationals by the other Contracting Party for the purpose of flight above its own territory.
Article 8 technical safety of flights 1. Each Contracting Party may at any time request consultations concerning the safety standards required by the other Contracting Party relating to aeronautical facilities, crews, aircraft and their operation. These consultations take place within a period of thirty (30) days from the date of the application.
2. If, following these consultations, a Contracting Party considers that the other Contracting Party does not require or does not effectively, in any areas mentioned above in paragraph 1, safety standards at least equal to the minimum standards established at the relevant time pursuant to the Convention, it shall inform the other Contracting Party of these findings and the other contracting party adopt corrective measures accordingly. If the other contracting party adopts not said measures within a reasonable time and, in any case, within fifteen (15) days or a longer period eventually stopped by mutual agreement, it must be held to apply article 4 of this agreement.
3. Notwithstanding the obligations laid down by article 33 of the Convention, it was agreed that any aircraft operated or leased by the air carriers contracting for services destined for or originating from the territory of another Contracting Party may, during his stay on the territory of the other Contracting Party, be submitted by the authorities representing the other Contracting Party to an examination on board or outside the aircraft to check the validity of documents the aircraft and those of its crew and the apparent condition of the aircraft and its equipment (review called "ramp inspection" later in this section), provided that this does not result in unreasonable delay.
((4 If an inspection or a series of inspections on the ground gives rise to: a) compelling physical evidence that an aircraft or its operations respects not minimum standards in force in accordance with the Convention, or b) material incontrovertible evidence of 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 its crew were issued or validated, or under which the aircraft is used, are not equal or superior to the minimum date in accordance with the Convention standards.
5. in the event of a refusal of access to an aircraft operated by the airlines of a Contracting Party for the purposes of the inspection on the ground in accordance with paragraph 3 above, the other Contracting Party has discretion to infer that there are deficiencies such as those mentioned in paragraph 4 above and draw the conclusions referred to in the same paragraph.
6. each Contracting Party reserves the right to suspend or to immediately amend the operating licence granted to one or more airlines of the other Contracting Party if, as a result of a ramp inspection, a series of ramp inspections, a denial of access for inspection to the floor, consultations or any other form of dialogue without satisfactory agreement, it concluded the need to act immediately to ensure the safety of the operation of one or several air carriers.
7. any action taken by a Contracting Party in accordance with paragraphs 1, 2 or 6 above shall be suspended as soon as the reasons which it gave rise have ceased to exist.
8. If the French Republic has designated an air carrier whose regulatory control is exercised and provided by another EU Member State, the rights of the Republic of Madagascar to the title of this article shall apply also to the adoption, application or implementation of security requirements by that Member State of the European Union and the licensing of that air carrier.
Article 9 use charges

1 user charges that may be levied by the competent authorities or bodies of a Contracting Party to the designated airlines of the other Contracting Party in respect of the use of airport services and facilities and security, security facilities, air and other navigation which fall within their authority should be fair, reasonable, non-discriminatory and equitable distribution between the categories of users. They must not be higher than those that are collected in respect of the use of such services and facilities by another air carrier which operates similar or analogous services.
2. these charges can reflect, but must not exceed, a fair share of the total cost for upgrading facilities and airport services as well as safety, security and air navigation facilities and services. Facilities and services for which charges are levied are supplied on a cost-effective basis. The competent authorities or bodies of each Party shall notify the (x) carrier (s) air (s) (s) designated by the other Contracting Party any project of significant change in these charges. This notification must occur within a reasonable time prior to the entry into force of the amendment. Each Contracting Party shall encourage consultations between the competent authorities or bodies in its territory and the airlines using the services and facilities in the event of increase in charges.
Article 10 customs duties and taxes 1. At the entrance in the territory of a Contracting Party, the aircraft operated for the purpose of international air services by the air carriers designated by the other Contracting Party, their normal equipment, their fuels and lubricants, technical consumables, spare parts, including engines, and ship's stores (including but without limitation the food, drinks and alcohols) (, tobacco and other products for sale to passengers or their consumption in limited quantities during the flight), their equipment and other products intended to be used or used only in connection with the operation or maintenance of aircraft operating an international air service are on a temporary basis, pending their re-exportation and, on the basis of reciprocity admitted by exemption from all customs duties, import restrictions, real taxes, capital taxes, rights of inspection, rights of excise and fees or similar charges levied by the national or local authorities, provided that such equipment and supplies remain on board the aircraft.
2. are also exempt, on the basis of reciprocity, taxes, rights, costs of inspection and charges referred to in paragraph 1 of this article, with the exception of charges based on the cost of the services rendered: a) stores introduced or supplied in the territory of a Contracting Party and taken on board, within reasonable limits, for use on board aircraft departing from the designated airlines of the other Contracting Party operating air services International, even if these provisions are intended to be used on a part of the journey performed over the territory of the Contracting Party in which they are taken on board;
(b) the normal equipment and spare parts, including engines, introduced parts on the territory of a Contracting Party for the purposes of maintenance, maintenance, repair and supply of an aircraft of an air carrier designated by the other Contracting Party providing international air services;
(c) fuels, lubricants and consumable technical supplies introduced or supplied in the territory of a Contracting Party to be used on an aircraft of an air carrier designated Contracting Party providing international air services, even if these supplies are intended to be used on a part of the journey performed over the territory of the Contracting Party in which they are taken on board;
(d) printed matter and promotional advertising materials, including but not only the timetables, brochures and printed materials, introduced into the territory of a Contracting Party and intended to be distributed free of charge on board the aircraft 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 the present article are placed under the supervision or the supervision of the competent authorities.
4. the exemptions provided for in this article are also awarded if the designated airlines of a Contracting Party have concluded with another air carrier enjoying the same exemptions on the part of the other Contracting Party of contracts for the loan or transfer in the territory of the other Contracting Party of products mentioned in paragraphs 1 and 2 of this article.
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 provided on an aircraft of an air carrier designated by the Republic of Madagascar for flights between a point in the territory of the French Republic and another point in the territory of the French Republic, or from a another Member State of the European Community.
6. no provision of this agreement may be construed as depriving the Republic of Madagascar 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 French Republic for flights between a point located on the territory of the Republic of Madagascar and another point in the territory of the Republic of Madagascar.
Article 11 business activities 1. The designated airlines of a Contracting Party have the right, on the basis of reciprocity, to establish offices in the territory of the other Contracting Party for the purposes of promotion and sale of air transportation services.
2. the designated airlines of a Contracting Party are allowed, on the basis of reciprocity, to enter and stay on the territory of the other Contracting Party managerial personnel, operating, their sales staff and other specialized personnel necessary to ensure air transportation.
3. each contracting party grants the necessary personnel or designated airlines of the other Contracting Party, on the basis of reciprocity, the authority to access, on its territory, at the airport and areas in connection with the operation of the aircraft, crews, passengers and cargo of an airline of the other Contracting Party.
4. each Contracting Party shall give the (x) on the basis of reciprocity, carrier (air (s) designated (s) of the other Contracting Party the right to enter and stay in its territory, for short periods not exceeding ninety (90) days, the additional staff required by the designated airlines of the other Contracting Party for its activities.
5. the Contracting Parties shall ensure that passengers, regardless of their nationality, can purchase tickets from the airline of their choice, in local currency or in any freely convertible currency accepted by the air carrier. These principles also apply to freight transport.
6. on the basis of reciprocity, the designated Contracting Party air carriers have, in the territory of the other Contracting Party the right to proceed, in local currency or in any freely convertible currency, the sale of their securities of air passengers and freight transport, in their own offices as through agents of their choice. Therefore, the designated airlines of a Contracting Party have the right to open and maintain in the territory of the other Contracting Party of preference bank accounts in the currency of one or the other of the Contracting Parties or in any freely convertible currency, at their discretion.
(7. within the framework of the operation or the offer of the authorized services on the specified routes, provided that all air carriers parties to such agreements have a) adequate permissions and b) meet the criteria normally applicable to such agreements, any designated air carrier of one party may enter into trade cooperation agreements, including capacity reservation agreements sharing codes or rental with one or several air carriers of one or other of the Parties, and with one or more air carriers of a third country.
The air carrier operating the marketing of the seats sold under the code-sharing system must make it clear to passengers, when this marketing and most lard during recording, what will be the carrier responsible for the operation of the flight.

Air carriers are required to file for approval any cooperation arrangement provided to the aeronautical authorities of both Parties at least thirty (30) days before the date of its introduction.
8. one the other party can prevent rental bareboat of aircraft that do not comply with the provisions of articles on safety and security.
Subject to the preceding paragraph, the designated airlines of each party may use leased aircraft in bareboat with a company, including other airlines.
Article 12 transfer of surplus income 1. Each contracting party grants, on the basis of reciprocity and upon request, to the (x) carrier (air (s) designated (s) of the other Contracting Party the right to convert and transfer to the territories of their choice the surplus of local revenues derived from the sale of air transportation and related activities on the territory of the other Contracting Party. His conversion and transfer are permitted promptly without tax, at the rate of Exchange in effect.
2. each Contracting Party shall accord (s) carrier (s) air (s) designated by the other Contracting Party the right to assign all or part of their revenues earned in the territory of the other Contracting Party to the settlement of all expenses in connection with their activities of transport (including fuel purchases) and with other air transport-related activities.
3. If the transfer of surpluses of revenues between the Contracting Parties is governed by a special agreement, the agreement shall apply.
Article 13 Services groundhandling subject to the laws and regulations in force in each Contracting Party, air carriers have the right to provide their own services of groundhandling in the territory of the other Contracting Party (self-help) or, at their discretion, choose to outsource these services in whole or in part to one of the undertakings authorized to offer these services in a competitive manner. When the applicable laws and regulations prohibit or restrict the possibilities of self-help or when there is no effective competition between the various suppliers of groundhandling, each designated carrier is treated in a nondiscriminatory manner with regard to assistance and self-support rights granted to other international air carriers.
Section 14 rates 1. The tariffs to be applied by the designated airlines of a Contracting Party for carriage to destination or from the territory of the other Contracting Party are set at reasonable levels, taking due account of all relevant factors, including operating costs, the characteristics of the services, the rate commissions, a reasonable profit and the rates of other air carriers. The aeronautical authorities of both Contracting Parties shall ensure that the designated air carrier comply with the above criteria.
2. the tariffs are subject to the aeronautical authorities at least thirty (30) days before the date set for their entry into force. This period may be reduced in specific cases, subject to the agreement of those authorities. If none of the aeronautical authorities has been part of his disapproval of a tariff submitted pursuant to this subsection within a period of thirty (30) days, the tariff is deemed to be approved.
3. If the aeronautical authorities of a contracting party consider that one or more rates offered by an air carrier designated by the other Contracting Party do not meet the criteria set out in paragraph 1 of this article, without prejudice to the application of the provisions of article 5 of this agreement, they may request consultations on this subject with the aeronautical authorities of the other Contracting Party. These consultations take place within a period of thirty (30) days from the receipt of the request. Where appropriate, 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 reach agreement on a tariff submitted to it pursuant to paragraph 3 of this article, the dispute is resolved in accordance with the provisions of article 20 of this agreement.
5. a fixed fee in accordance with the provisions of this section remains in force except if it is removed by the designated air carriers concerned until the date limit of validity or approval new tariffs. However, rates cannot be maintained in force under this paragraph for more than twelve (12) months following the date on which they should have come to expiration, unless specific agreement of parties contracting. The aeronautical authorities of both Contracting Parties may, however, disapprove rates that are unreasonably discriminatory, unreasonably high or restrictive due to an abuse of a dominant or artificially low position because of subsidies or aid directly or indirectly, or which are likely to lead to a situation of dumping.
6. Notwithstanding the provisions of this article, for fully insured within the European Community, transport tariffs to be applied by the air carriers are subject to the law of the European Community.
Article 15 approval of programmes 1. The air carrier designated by each Contracting Party shall, no later than thirty (30) days before the date of operation of any authorized service, submit its operating plan for approval to the aeronautical authorities of the other Contracting Party. This program will include the type of service, the aircraft that will be used, the flight schedule and all relevant information.
2. any subsequent change of the approved programme of the designated air carrier of one of the Contracting Parties shall be submitted for approval to the aeronautical authorities of the other Contracting Party.
3. If one of the designated air carrier wishes to operate additional flights or additional other than those provided by approved schedules, it must first obtain permission from the aeronautical authorities of the other Contracting Party.
4. any refusal on the part of an aviation authority must be justified and sufficiently served in advance and the extent of possible fifteen (l5) days before the date of commencement of operation of the services.
Article 16 Transit 1. Passengers and cargo in transit via the territory of a Contracting Party are subject to simplified controls.
2. the freight and baggage in transit through the territory of the other Contracting Party are exempt from all rights of customs, inspection fees and other fees and levies.
Article 17 statistics the aeronautical authorities of a Contracting Party shall communicate to the aeronautical authorities of the other Contracting Party or make them communicate, at their request, by their (s) carrier (s) air (s) designated statistical documents as may be reasonably required to examine the operation of authorized service.
Article 18 1 aviation security. In accordance with their rights and obligations under international law, the Contracting Parties reaffirm their mutual obligation to protect the security of civil aviation against acts of unlawful interference forms an integral part of this agreement. Without limiting the generality of their rights and obligations under international law, the Contracting Parties Act, inter alia, in accordance with the provisions of 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 the seizure of illicit aircraft signed at the Hague on 16 December 1970 of 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 civil international aviation, supplementary to the Convention for the Suppression of unlawful acts directed against the safety of civil aviation, opened for signature at Montreal on 24 February 1988 of the Convention on the marking of plastic explosives for the purpose of detection signed at Montreal on 1 March 1991 and any other multilateral agreement governing the safety of civil aviation and between the two Contracting Parties.
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, crews, airports and air navigation facilities, and any other threat to the security of civil aviation.

3 Act the Contracting Parties shall, in their mutual relations, in accordance with the aviation security provisions established by the international civil aviation organization and designated as Annexes to the Convention, insofar as such provisions are applicable to the Contracting Parties; they require that operators of aircraft whose activities headquarters or permanent residence is located on their territory and the operators of airports in their territory Act in accordance with these provisions relating to aviation security. In this paragraph, the reference to the provisions relating to the aviation security encompasses any difference notified by the Contracting Party concerned. Each Contracting Party shall inform in advance the other Contracting Party of its intention to share a divergence on these provisions.
4. each Contracting Party agrees that its operators of aircraft may be required to comply with the provisions of the aviation security 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 residence in the territory, as well as for the exit from the territory of that other Contracting Party. Each Contracting Party shall ensure that adequate measures are effectively applied within its territory to protect aircraft and to inspect passengers, crew, baggage, cargo and provisions edge, prior to and during boarding or loading. Each contracting party examines also sympathetically any request from the other Contracting Party to impose special but reasonable security measures to meet a particular threat.
5. in the event of an incident or threat of an incident of unlawful seizure of civil aircraft or other unlawful acts against the safety of passengers, crew, aircraft, airports or air navigation facilities, Contracting Parties shall assist each other by facilitating communications and taking other appropriate measures to end quickly and safely this threat or incident.
6. If a Contracting Party has serious elements to estimate that the other Contracting Party does not comply to the aviation security provisions of this article, it may request immediate consultations with the other Contracting Party. Without prejudice to the provisions of article 4 of this agreement, the lack of agreement satisfactory within a period of fifteen (15) days from the date of this application is grounds for suspension of the rights granted to the Contracting Parties under this agreement. In an emergency established by a direct and exceptional threat to the safety of passengers, crew or aircraft of a Contracting State and if the other Contracting Party has not discharged as appropriate obligations arising for it from paragraphs 4 and 5 of this article, a Contracting Party may take immediate, temporary, appropriate protection measures to deal with this threat. Any action taken under this paragraph as soon as the other party has complied with the provisions of this section is terminated.
Article 19 Consultations and amendments 1. The aeronautical authorities of the Contracting Parties shall consult each other as often as deemed necessary, in a spirit of close co-operation, in order to ensure the satisfactory implementation of the principles and the provisions of this agreement. These consultations begin within a period of 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 the other Contracting Party for consultations in order to interpret the provisions of this agreement or to any amendment or modification of the provisions of this agreement or its annex as it considers desirable. These consultations may take place between the aeronautical authorities and take place orally or by correspondence. These consultations begin within a period of sixty (60) days from the date of receipt of a request for consultations from a Contracting Party.
3. the amendments or modifications of this Agreement agreed between the Contracting Parties under the provisions of paragraph 2 of this article shall apply, where appropriate, on a provisional basis, to the date of their signature and are confirmed through diplomatic channels after completion of the internal procedures required by each Contracting Party.
Article 20 settlement of disputes 1. Any dispute between Contracting Parties concerning the interpretation or application of this agreement, the Contracting Parties shall endeavour first settlement through 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 do not reach an agreement, the settlement of the dispute can be found through diplomatic consultations. These consultations begin within a period of sixty (60) days from the date of receipt of a request for consultations from a Contracting Party.
3. If the Contracting Parties do not reach a settlement by negotiation in accordance with paragraphs 1 and 2 of this article, they may agree to submit the dispute for decision to a person or to a designated agency by mutual agreement, either at the request of one or other of the Contracting Parties, submit it for decision to a tribunal composed of three arbitrators. In this case, each Contracting Party shall appoint an arbitrator; the third arbitrator, who shall not be a national of one of the Contracting Parties, is appointed by these two arbitrators and served as president of the tribunal. Each Contracting Party shall appoint its arbitrator within sixty (60) days of the date of receipt by either of them of the request for arbitration from the other Contracting Party and transmitted through the diplomatic channel; the third arbitrator is appointed within sixty (60) days of the appointment of the first two. If one of the Contracting Parties is not an arbitrator within the prescribed period, or if the third arbitrator has not been designated within the prescribed period, the president of the Council of the international civil aviation organization may, at the request of any of Contracting Parties, proceed to the appointment of one or, as the case of several arbitrators.
4. the arbitration tribunal freely establishes its rules of procedure. Domestic arbitrators fees are the responsibility of the Contracting Parties which have nominated. All other costs of the arbitration are shared equally between the Contracting Parties.
5 the Contracting Parties shall comply with any decision made under paragraph 3 of this article.
6. If one of the Contracting Parties not comply any decision made under paragraph 3 of this article, and as long as it persists in not to comply, the other Contracting Party may limit, deny, or revoke any right or privilege granted under this agreement in part or air carriers designated in default.
Section 21 multilateral agreements if, after the entry into force of this agreement, the two 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 hold consultations in accordance with article 19 of this agreement to establish to what extent the agreement is affected by the provisions of the multilateral agreement and whether to revise this agreement to take into account that 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 sent simultaneously to the international civil aviation organization. In this case, the agreement ends twelve (12) months after the date of receipt of the notice by the other Contracting Party, except withdrawal of denunciation decided by mutual agreement before the expiry of the time limit. He is not accused receipt by the other Contracting Party, the notice shall be deemed to have been received fifteen (15) days after the date on which the international civil aviation organization acknowledged receipt.
Article 23 registration with ICAO this agreement organization will be registered with the international civil aviation organization.
Article 24 entry into force this Agreement replaces the agreement signed December 1, 1962 in Antananarivo between the Government of the French Republic and the Government of the Republic of Madagascar, and all its subsequent amendments.
The provisions of this Agreement shall enter into force the first day of the second month following the date on which the two Contracting Parties will be mutually notified constitutional formalities of their own that.
In witness whereof, the undersigned, duly authorized by their respective Governments, have signed this agreement.
Done at Antananarivo, July 21, 2005, in duplicate in French-language.

Appendix A N N E X E route schedule

-Road that could be exploited in both directions by the air carriers designated by the French Republic A1. Road long haul POINTS of departure intermediate POINTS POINTS in Madagascar POINTS beyond Points in France Points to communicate Antananarivo a point contact Points to communicate A2. Regional road POINTS of departure intermediate POINTS POINTS in Madagascar POINTS beyond Points in Réunion and Mayotte Points to 4 points Points to communicate. B - road that can be operated in both directions by the designated airlines of the Republic of Madagascar B1. Road long haul POINTS of departure intermediate POINTS POINTS in France POINTS beyond Points in Madagascar Points to communicate Paris a point contact Points to communicate B2. Route regional POINTS of departure intermediate POINTS POINTS in Réunion and Mayotte POINTS beyond Points in Madagascar Points to 3 points Points to communicate Notes: has) the air carriers of each Contracting Party may, at their discretion, on all or part of their services: ― operate flights in one direction or in both directions. ― omit stops at one or several points of the specified routes; — change the order of service of the points of the routes specified (including the ability to serve intermediate points in points beyond and vice versa capacity, as well as to omit stopovers in a sense of a service); ― complete their service on the territory of the other Contracting Party or beyond; — Edit the items on the table by communication to the aeronautical authorities, provided that the corresponding services begin or terminate in the territory of the Contracting Party which has designated the airline. The roads long-haul and regional are the subject of separate services.
(b) the exercise of traffic rights by one or more designated airlines of each Contracting Party between intermediate points and points beyond located in a third country and the territory of the other Contracting Party is subject to an agreement between the authorities of the two Contracting Parties.
(c) Notwithstanding the provisions of article 19, changes to the schedule may be agreed by the aeronautical authorities of the Contracting Parties and will be applied administratively from the date when they were agreed.
(d) on any segment of the above routes, a designated air carrier of one or other of the Contracting Parties may, at any point, redistribute without restriction as to the type or number of aircraft traffic. This faculty is open to approved road transport beyond this point is a secondary operation compared to the main service.
(e) air carriers and indirect transport of both providers Parties are authorized to use, in connection with international air transportation any surface transportation for cargo and mail destined for or coming from any point or points in the territory of the Contracting Parties or in third countries, including transport of freight and mail to destination and from all airports with customs facilities , and including, where appropriate, the right to transport cargo and mail under customs control in accordance with the laws and regulations in force. This freight and this mail transported by surface or by air, have access to facilities for clearance of airports. Air carriers may choose to carry out surface transportation by their own means or by agreement with other surface carriers, including surface transport carried out by other air carriers and indirect air transportation providers. These intermodal freight and mail services may be offered at a single price of point to point for the air and surface transportation combined, provided that shippers are properly informed of the terms of this transport.

Done at Paris, on June 9, 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: Brigitte Girardin, Minister delegate for cooperation, development and francophonie for the Government of the Republic of Madagascar: Marcel Ranjeva, Minister of Foreign Affairs (1) this agreement entered into force on October 1, 2008.

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