Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs and International Development,
Considering the Constitution, in particular articles 52 to 55;
Vu la Act No. 2009-1796 of 31 December 2009 authorizing the approval of the protocol to the agreement of 3 July 1995 between the Government of the French Republic and the Government of the Kingdom of Bahrain on air services;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France,
Decrete:
The Protocol to the Agreement of 3 July 1995 between the Government of the French Republic and the Government of the Kingdom of Bahrain on Air Services, signed in Manama on 22 March 2007, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign Affairs and International Development are responsible, each with respect to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.
PROTOCOLE
TO THE AGREEMENT OF 3 JULY 1995 BETWEEN THE GOVERNMENT OF THE FRENCH REPUBLIC AND THE GOVERNMENT OF THE BAHREAY ROYAL FOR AIR SERVICES, SIGNED TO MANAMA ON 22 MARCH 2007
The Government of the French Republic and the Government of the Kingdom of Bahrain,
Considering the desirability of amending and supplementing the Air Services Agreement between the two countries, signed on 3 July 1995,
The following agreed:
Article 1
"Prices:
Both delegations agreed to replace Article 17 of the Tariff Agreement with a new Article 17 which reads as follows:
1. The rates to be applied by the designated air carrier(s) of a Contracting Party for transport 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, service characteristics, rate of commissions and reasonable benefit. The aeronautical authorities of the two Contracting Parties shall ensure that the designated air carriers meet the above criteria.
2. Aeronautical authorities may require the registration of tariffs by the designated air carrier(s). This registration may not be required more than thirty (30) days before the scheduled date for the entry into force of the tariffs. If none of the aeronautical authorities reported its disapproval of a tariff submitted pursuant to this paragraph within thirty (30) days, the tariff is deemed to be approved.
3. If the 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 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 and the aeronautical authorities of the Contracting Parties shall then 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 21 of this Agreement.
5. A tariff set out 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, if the aeronautical authorities have expressed concern in accordance with paragraph 3 of this article, tariffs shall not be maintained in force under this paragraph for more than twelve (12) months after the date on which they should have expired, unless specifically agreed by the Contracting Parties.
6. Notwithstanding the provisions of the above paragraphs, for carriage wholly insured within the European Community, the tariffs to be applied by the designated air carrier(s) are subject to European Community law. »
Article 2
"Exemption of customs duties and other taxes:
The two delegations agreed to add a new paragraph 6 to Article 7 of the Agreement which reads as follows: “No provision of this Agreement prevents the French Republic from imposing, on a non-discriminatory basis, taxes, fees, royalties and other charges on the fuel provided on its territory for the use by the aircraft of a designated air carrier of the Kingdom of Bahrain that operates a road between one point on the other
Article 3
"Commercial activities:
The two delegations agreed to replace the provisions of Article 9.4 of the Agreement in accordance with the following text (dispositions for assistance in port of call):
Subject to the laws and regulations of each Contracting Party, including in the case of the French Republic, the law of the European Community, each designated air carrier is authorized to provide its own port of call assistance services on the territory of the other Contracting Party or to choose from the competing undertakings that provide such services in whole or in part, at its discretion. If these laws and regulations prohibit or restrict the right to self-insurance of these services or if there is no real competition between companies that provide services of assistance in port of call, each designated air carrier is treated on a non-discriminatory basis with respect to the possibility of providing such services itself and access to services of assistance in port of call of one or more companies. »
Article 4
"Entry into force of the Agreement:
Each Contracting Party shall notify the other of the completion of the constitutional procedures required for the final entry into force of this Agreement, which shall take effect on the first day of the second month following the date of receipt of the second notification.
In faith, the signatories, duly authorized by their respective Governments, have signed this Protocol.
Done in Manama on 22 March 2007, in duplicate, in French and Arabic, both texts being equally authentic, each party having a copy in each language.
For the Government of the French Republic:
Malika Berak
Ambassador of France to Bahrain
For the Government of the Kingdom of Bahrain:
Captain A. Mohammed AL GAOUD
State Undersecretary for Civil Aviation
Done on 15 December 2014.
François Hollande
By the President of the Republic:
The Prime Minister,
Manuel Valls
Minister for Foreign Affairs and International Development,
Laurent Fabius
