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. 2015-736 of 25 June 2015 authorizing the ratification of the agreement between the Government of the French Republic and the Government of Turkmenistan on air services;
Vu le Decree No. 47-974 of 31 May 1947 of the International Civil Aviation Convention signed in Chicago on 7 December 1944;
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 between the Government of the French Republic and the Government of Turkmenistan on air services (a consolidated annex), signed in Achgabat on 2 March 2013, 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.
AGREEMENT
ENTER THE GOVERNMENT OF THE FRENCH REPUBLIC AND THE GOVERNMENT OF TURKMENISTAN RELATING TO AIR SERVICES (ENSEMBLE ANNEX), SIGNED TO ACHGAINST 2 MARCH 2013
The Government of the French Republic and the Government of Turkmenistan, 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 Convention on International Civil Aviation opened for signature in Chicago on 7 December 1944 and includes any Annex adopted under Article 90 of the Convention and any amendment to the Annexes or 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 and, for Turkmenistan, the State Civil Aviation Department Turkmenhowayollary, which owes its name to Saparmurat Turkmenbashi the Grand or, for both, any person or body authorized to perform functions currently performed by the aforementioned authorities or similar functions;
(c) The term "designated air carrier" means an air carrier designated 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 transport company" and "non-commercial port of call" respectively have the meaning given to them by Article 96 of the Convention;
(f) The term "specified roads" refers to the routes in the road table annexed to this Agreement;
(g) The term "approved services" means regular air services for the carriage of passengers, baggage, 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 under which these prices apply, including the remuneration and conditions applicable to agencies, but not the remuneration or conditions applicable to the transportation 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, baggage and cargo;
(j) The term "Agreement" means this Agreement, its Annex(s) and any amendments to the Agreement or its Annex(s) agreed to in accordance with the provisions of Article 20 of this Agreement.
2. Annex(s) forms an integral part of this Agreement. Any reference to the Agreement shall also concern its Annex(s), 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 scheduled 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 on 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 approved services on specified routes, 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 stopovers in the territory of the other Contracting Party at the points mentioned for the specified routes in order to board and disembark, separately or together, passengers, baggage and cargo, including mail to the destination
3. Nothing in this Agreement shall be construed as conferring on an 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 situated 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 the services approved on the 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, as soon as possible, grant appropriate operating authorizations, provided that:
(a) In the case of an air carrier designated by the French Republic:
(i) That the air carrier be established in the territory of the French Republic within the meaning of the Treaty on the European Union and the Treaty on the Operation of the European Union and has a valid operating licence in accordance with the law of the European Union; and
(ii) That the effective regulatory control of the air carrier is exercised and maintained by the Member State of the European Union responsible for the issuance of its air carrier certificate, and that the competent aeronautical authorities are clearly identified in the designation; and
(iii) That the air transport company be held, either directly or by majority participation, by Member States of the European Union or the European Free Trade Association and/or nationals of these States and be subject to effective control of these States and/or nationals of these States.
(b) In the case of an air carrier designated by Turkmenistan:
(i) That the air carrier be established in the territory of Turkmenistan and has a valid operating licence in accordance with the law applicable to Turkmenistan; and
(ii) That Turkmenistan exercise and maintain effective regulatory control over the air transport undertaking; and
(iii) That the air transport company be held, either directly or by majority participation, by Turkmenistan and/or its nationals and be subject to effective control of that State and/or its nationals.
(c) That the designated air carrier be 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; and
(d) That the standards set out in articles 9 and 19 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) The air carrier is not established in the territory of the French Republic within the meaning of the Treaty on the European Union and the Treaty on the Functioning of the European Union or has no valid operating license in accordance with European Union law; or
(ii) The effective regulatory control of the air carrier is not exercised or maintained by the Member State of the European Union responsible for the issuance of its air carrier certificate, or the competent aeronautical authorities are not clearly identified in the designation; or
(iii) The air transport company is not held, either directly or by majority participation, by Member States of the European Union or the European Free Trade Association and/or nationals of these States, or is not subject at any time to effective control of these States and/or nationals of these States.
By exercising its right under this subsection, Turkmenistan does not discriminate on the basis of nationality between the company (or companies) of designated French air transport(s).
(b) In the case of an air carrier designated by Turkmenistan:
(i) The air carrier is not established in the territory of Turkmenistan or has no valid operating licence in accordance with the applicable law in Turkmenistan; or
(ii) Turkmenistan does not exercise or maintain effective regulatory control over the air carrier; or
(iii) The air carrier is not held, either directly or by majority participation, by Turkmenistan and/or its nationals, or is not subject to effective control of that State and/or its nationals at any time.
(c) In the event that this air carrier does 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 9 and 19, 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 violations of the 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 transport undertaking (or undertakings) operates under conditions that permit compliance with this principle and shall take steps to ensure compliance as necessary.
2. The approved services offered by the 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 filling coefficient compatible with the rates in accordance with the provisions of Article 15 of this Agreement, an appropriate capacity to meet the current and reasonably expected requirements of the carriage of passengers, baggage, cargo and mail, in order to promote
3. The proposed transport offer by designated air carriers for traffic from or to specified road points 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 originating from or to the territory of the Contracting Party that has designated these air carriers;
(b) The traffic needs of the area crossed by the air transport company, taking into account local and regional services; and
(c) The need 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 time of entry into the territory, at the time of stay
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 undertaking or air carriers 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
Fair competition
1. The Contracting Parties recognize that the creation of a fair competition environment for the operation of air services is a common objective. They recognize that fair competition practices on the part of air carriers are most likely to be established if these air carriers operate on a fully commercial basis and do not receive public subsidies. They recognize that aspects such as, inter alia, the conditions of privatization of air transport companies, the removal of subsidies sources of distortion of competition, equitable and non-discriminatory access to airport facilities and services and computerized reservation systems are essential factors for the establishment of a fair competition environment.
2. If the aeronautical authorities of one of the Contracting Parties find that there are conditions in the territory of the other Contracting Party that would have a negative impact on the maintenance of a fair competition environment and on the operation of the air services covered by this Agreement by its air carriers, it may submit written comments to the aeronautical authorities of the other Contracting Party. They may also request consultations on the matter to the aeronautical authorities of the other Contracting Party. These consultations are held within thirty (30) days of receipt of the application.
3. Issues that may be raised under this section include, inter alia, capital injections, cross-subsidies, donations, guarantees, property, tax reductions or exemptions, bankruptcy protection or insurance from any public entity.
4. None of the Contracting Parties shall unilaterally impose restrictions or conditions under, inter alia, the capacity, frequencies, or the carriage of passengers and/or cargo, on the undertaking (or undertakings) designated by the other Contracting Party, which would result in unfair market access contrary to Article 5 of this Agreement.
5. If, following consultations between aeronautical authorities, a Contracting Party considers that the conditions referred to in paragraph 2 of this Article shall persist and are likely to result in a significant disadvantage or cause harm to its air carrier or air carrier, it may take action. Any action taken under this paragraph shall be appropriate, proportionate and restricted in terms of scope and duration to what is strictly necessary. It is exclusively directed against the entity benefiting from the conditions referred to in paragraph 2, and is without prejudice to the right of a Contracting Party to take action under Article 21 ( Dispute Settlement).
Article 8
Certificates of Airworthiness, Certificates of Fitness and Licences
1. The validity of certificates of airworthiness, certificates of fitness and licences issued or validated in accordance with the laws and regulations and non-expired of a Contracting Party 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 always at least equal to the minimum 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 9
Aviation security
1. Each Contracting Party may request at any time consultations on the safety standards adopted 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 apply, in the area 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 take action within a reasonable period of time and, in any case, within fifteen (15) days or within a longer period of time, if agreed, it is necessary to apply Article 4 of this Agreement.
3. notwithstanding the obligations set out in Article 33 of the Convention, it has been agreed that any aircraft operated or leased by the undertaking or air carriers 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 submitted by the authorized representatives of the other Contracting Party to an examination on board or on board
4. If an inspection or series of ground inspections results in:
(a) Serious grounds for believing that an aircraft or its operation does not meet the minimum standards in force at the time of the Convention; or
(b) Serious grounds for fearing deficiencies in the effective adoption and implementation of security standards in force at the time in accordance with the Convention,
the Contracting Party conducting the inspection is, for the purposes of Article 33 of the Convention, free to conclude that the criteria under which the certificates or licences relating to that aircraft, its operator or crew have been issued or validated are not equal to or greater than the minimum standards in force at the time under the Convention.
5. In the event of refusal of access to an aircraft operated by the undertaking or air carriers 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 substantial grounds for the type of aircraft referred to 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, following a ground inspection, a series of ground inspections, a refusal of access for ground inspection, consultations or any other form of dialogue, it concludes the need to act immediately to ensure the safety of the operation of several undertakings.
7. Any action taken by a Contracting Party in accordance with paragraphs 2 or 6 above shall be suspended as soon as the facts that have motivated it 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 Turkmenistan 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 10
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 the subject of equitable distribution between 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 international 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 proposed significant amendments to these 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 the air carriers that use the services and facilities in the event of an increase in royalties.
Article 11
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 company (or companies) of designated air transport of the other Contracting Party, their normal equipment, their fuels and lubricants, technical supplies consumables, spare parts, including engines, and provisions of board (including but not limited to food, beverages and alcohols,
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) Shipment provisions introduced or provided on the territory of a Contracting Party and taken on board, within reasonable limits, to be used on board 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 to be used 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 over the territory of the Contracting Party in which they are taken on board;
(d) Prints and promotional 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. The 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 undertaking (or undertakings) of a Contracting Party designated a (a) concluded with another air carrier enjoying the same exemptions from the other Contracting Party of contracts 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.
Article 12
Commercial activities
1. The designated air carrier(s) of a Contracting Party (are) the right, on the basis of reciprocity, to establish offices in the territory of the other Contracting Party for the purpose of promoting and selling passenger and cargo air services.
2. The designated air carrier(s) of a Contracting Party is (are) authorized, on the basis of reciprocity, to enter and stay in the territory of the other Contracting Party their management, operation, commercial personnel and other specialized personnel necessary to provide passenger and cargo air transportation services.
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, on the basis of reciprocity, grant to the designated air carrier(s) of the other Contracting Party the right to enter and reside in its territory, in accordance with the law of that Contracting Party, the additional personnel required by that undertaking (or those undertakings) of designated air transport(s) of that other Contracting Party for their activities.
5. The designated air carrier(s) of each Contracting Party has (are) the right to sell, in the territory of the other Contracting Party, passenger and cargo air transport services, and any person, irrespective of nationality, may purchase such services in local currency or in any freely convertible currency of other countries in accordance with the law of that other Contracting Party.
6. On the basis of reciprocity, the designated air carrier(s) of a Contracting Party (a) in the territory of the other Contracting Party shall have the right to proceed with the sale of passenger and cargo air services, with its or their tickets, in their own offices and through the accredited agents of their choice. The designated air carrier(s) of a Contracting Party has (are) the right to open and maintain, in the territory of the other Contracting Party, bank accounts in the currency of either of the Contracting Parties or in any freely convertible currency, to their discreation.
Article 13
Transfer of surplus income
1. On the basis of reciprocity, each Contracting Party shall grant to the designated air carrier(s) of the other Contracting Party the right to freely transfer the excess of revenues over expenditure in accordance with the law of the State in whose territory the revenues have been collected. Conversion and transfer shall be made, without delay, restriction or imposition, at the exchange rate applicable to current transactions, in accordance with the law of the State in whose territory the revenues have been collected.
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 its territory to the regulation of all expenses related to their transportation activities (including fuel purchases) and to other activities related to passenger and cargo air services. These regulations shall be made in accordance with the law applicable in the territory of the Contracting Party of which these regulations are made.
3. To the extent that the financial regulations between Contracting Parties are governed by a particular agreement, the agreement applies.
Article 14
Assist services in stopover
Subject to the laws and regulations in force in each Contracting Party, including, with respect to the French Republic, the right of the European Union, each air carrier has the right, in the territory of the other Contracting Party, to practise self-help or, at its option, to choose among the competing providers who provide assistance services in port of call in whole or in part. Where applicable laws and regulations limit or exclude self-help and where there is no effective competition between service providers in port of call, each designated air carrier is treated in a non-discriminatory manner with respect to access to self-help and port of call assistance services provided by one or more service providers.
Article 15
Rates
1. The rates to be charged by designated air carriers are established at reasonable levels freely and independently, taking into account all relevant factors, including operating costs, service features and a reasonable profit.
2. Each Contracting Party may request the notification or filing, with its aeronautical authorities, of the tariffs applicable to the services to or from its territory by the designated air carrier(s) of the other Contracting Party. The notification or deposit by the air carrier (or companies) of the two Contracting Parties may be required no later than thirty (30) days before the proposed effective date. In some cases, notification or deposit may be allowed within shorter time limits than normally required.
3. Without prejudice to competition and consumer protection laws applicable to each Contracting Party, intervention by Contracting Parties shall be limited to:
(a) Prevention of price or practices that are unreasonably discriminatory;
(b) Consumer protection from unreasonably high or binding prices due to abuse of dominant position;
(c) Protection of air carriers from artificially low prices due to direct or indirect support and subsidies;
(d) The protection of air carriers against artificially low prices, with the proven intention of eliminating competition.
4. Where the aeronautical authorities of one of the Contracting Parties consider that a tariff does not meet the criteria set out in paragraph 2 and/or falls into the categories referred to in paragraphs 4.(a), 4.b), 4.(c) and/or 4.d), they send a reasoned notification of their discontent to the aeronautical authorities of the other Contracting Party and to the air carrier involved as soon as possible, and, in any event, no later than In addition, they may request consultations on this matter with the aeronautical authorities of the other Contracting Party. Such consultations shall be held within thirty (30) days of receipt of the request. The rates are considered to be approved, unless both aeronautical authorities have decided to disapprove them in writing.
Article 16
Approval of operating programs
1. The operating programmes of the designated air carrier(s) of a Contracting Party shall be submitted for approval to the aeronautical authorities of the other Contracting Party.
2. These operating programs are communicated at least thirty (30) days prior to operationalization and specify, in particular, regular services, frequency, aircraft types, configuration and number of seats available to the public. This period of thirty (30) days may, in some cases, be reduced, subject to agreement between the aeronautical authorities of the two Contracting Parties.
3. Any modifications to approved operating programmes of a designated air carrier of a Contracting Party shall be submitted for approval to the aeronautical authorities of the other Contracting Party.
Article 17
Transit
1. Passengers, baggage and cargo in direct transit through the territory of a Contracting Party are subject to simplified controls.
2. Freight and baggage in direct transit through the territory of a Contracting Party are exempt from all customs duties, inspection fees and other fees and charges.
Article 18
Statistics
The aeronautical authorities of a Contracting Party shall communicate to the aeronautical authorities of the other Contracting Party, at their request, by their designated air carrier(s) to the aeronautical authorities of the other Contracting Party, at the request of the aeronautical authorities of the other Contracting Party, the statistical documents that may be reasonably necessary to examine the operation of the approved services.
Article 19
Aviation safety
1. In accordance with their rights and obligations under international law, Contracting Parties reaffirm that their mutual obligation to guarantee 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 on 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 them; they require that operators of aircraft whose main operating seat or permanent residence is located in their territory and, in the case of the French Republic, that operators who are established in their territory and have an operating licence in accordance with European Union law, as well as airport operators located in their territory, act in accordance with these provisions relating to aviation safety. In this paragraph, the reference to aviation safety provisions includes any discrepancies notified by the Contracting Party concerned. Each Contracting Party shall notify the other Contracting Party in advance of its intention to notify any discrepancies concerning these provisions.
4. Each Contracting Party agrees that its aircraft operators may be required to comply, for the departure or during the stay in the territory of the other Contracting Party, with the provisions for aviation safety, in accordance with the legislation in force in that country, including, with respect to the French Republic, the right of the European Union, in accordance with Article 6 of this Agreement. Each Contracting Party shall ensure that appropriate measures are effectively applied in its territory to protect aircraft and to inspect passengers, crews, cabin baggage and baggage, cargo and cargo on board, 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 other appropriate measures to put an expeditious and safe end to this incident or threat.
6. If a Contracting Party has reasonable grounds to consider that the other Contracting Party has not complied with the provisions relating to aviation safety 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 immediately, on a provisional basis, appropriate protection measures to address this threat.
Any action taken pursuant to this paragraph shall be suspended as soon as the other Contracting Party has complied with the provisions of this Article in respect of security.
Rule 20
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. Amendments or amendments to this Agreement between Contracting Parties under the provisions of paragraph 2 of this Article shall enter into force in accordance with the provisions of Article 25 of this Agreement.
Notwithstanding paragraph 3 of this Article, the amendments to the Annex to this Agreement may be agreed directly by the aeronautical authorities of the Contracting Parties and come into force after confirmation by exchange of diplomatic notes.
Article 21
Settlement 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 20 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 of receipt of a request for consultations from a Contracting Party.
3. If 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 are borne by the Contracting Parties that have designated it. 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.
Article 22
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 20 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 reflect this multilateral agreement.
Article 23
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 that 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 24
Registration to the International Civil Aviation Organization
This Agreement shall be registered with the International Civil Aviation Organization by Turkmenistan and the French Republic.
Rule 25
Entry into force
Each Contracting Party shall notify the other Contracting Party by diplomatic means of the completion of the internal procedures required for the entry into force of this Agreement which takes effect on the first day of the second month following the day on which the second notification is received.
In faith, the undersigned, duly authorized by their respective Governments, have signed this Agreement.
Done in Achgabat on 2 March 2013 in two originals, each in the French language and in the Turkmen language, both texts being equally authentic.
For the Government of the French Republic:
LAURENT FABIUS
Minister of Foreign Affairs
For the Government of Turkmenistan:
RACHID MEREDOV
Minister of Foreign Affairs
Annex
CONTENTS
1. Route that may be operated by the designated air carrier(s) of the French Republic:
From points in France, via all intermediate points, to Achgabat and/or an additional point (*) in Turkmenistan and to all points beyond and vice versa.
2. Route that may be operated by the company or designated air carriers of Turkmenistan:
From points in Turkmenistan, via all intermediate points, to Paris and/or an additional point (*) in France and to all points beyond and vice versa.
Notes:
(a) The designated air carrier or carriers of each Contracting Party may, at their convenience, on all or part of their services:
- operate flights in either direction or in both directions;
- omit stopovers into one or more points of the specified routes;
- to complete their service in the territory of the other Contracting Party or beyond,
provided that the corresponding services begin or end in the territory of the Contracting Party that has designated the air carrier;
(b) The exercise of traffic rights by one or more designated air carriers of each Contracting Party between intermediate points or points beyond located in a third country and the territory of the other Contracting Party shall be subject to an agreement between the aeronautical authorities of the two Contracting Parties;
(c) In any segment of the above routes, a designated air carrier of either of the Contracting Parties may, at any point, redistribute traffic without restriction as to the type or number of aircraft. This faculty is open as long as the trans port beyond this point is a secondary operation compared to the main service on the specified road.
Annex
CONTENTS
1. Route that may be operated by the designated air carrier(s) of the French Republic:
From points in France, via all intermediate points, to Achgabat and/or an additional point (*) in Turkmenistan and to all points beyond and vice versa.
2. Route that may be operated by the company or designated air carriers of Turkmenistan:
From points in Turkmenistan, via all intermediate points, to Paris and/or an additional point (*) in France and to all points beyond and vice versa.
Notes:
(a) The designated air carrier or carriers of each Contracting Party may, at their convenience, on all or part of their services:
- operate flights in either direction or in both directions;
- omit stopovers into one or more points of the specified routes;
- to complete their service in the territory of the other Contracting Party or beyond,
provided that the corresponding services begin or end in the territory of the Contracting Party that has designated the air carrier;
(b) The exercise of traffic rights by one or more designated air carriers of each Contracting Party between intermediate points or points beyond located in a third country and the territory of the other Contracting Party shall be subject to an agreement between the aeronautical authorities of the two Contracting Parties;
(c) In any segment of the above routes, a designated air carrier of either of the Contracting Parties may, at any point, redistribute traffic without restriction as to the type or number of aircraft. This faculty is open as long as the trans port beyond this point is a secondary operation compared to the main service on the specified road.
Done on October 19, 2015.
François Hollande
By the President of the Republic:
The Prime Minister,
Manuel Valls
Minister for Foreign Affairs and International Development,
Laurent Fabius
