Decree No. 2015 - 1307 19 October 2015 On The Publication Of The Agreement Between The Government Of The French Republic And The Government Of Turkmenistan Concerning Air Services (All An Annex), Signed In Ashgabat On March 2, 2013

Original Language Title: Décret n° 2015-1307 du 19 octobre 2015 portant publication de l'accord entre le Gouvernement de la République française et le Gouvernement du Turkménistan relatif aux services aériens (ensemble une annexe), signé à Achgabat le 2 mars 2013

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Keywords foreign, INTERNATIONAL agreement, BILATERAL agreement, FRANCE, TURKMENISTAN, air TRANSPORT, air TRANSPORT company, SERVICE air, right of review, law of stopover, TRANSIT, boarding, landing, passenger, carrier, tariff, airline, EXPLOITATION, use fee, customs law, principle of mutual recognition, certificate of AIRWORTHINESS, patent of APTITUDE, license compliance JORF n ° 0244 October 21, 2015 page 19510 text no. 3 Decree No. 2015-1307 19 October 2015 on the publication of the agreement between the Government of the French Republic and the Government of Turkmenistan concerning air services (all an annex), signed in Ashgabat on March 2, 2013 (1) NOR: MAEJ1523561D ELI: https://www.legifrance.gouv.fr/eli/decret/2015/10/19/MAEJ1523561D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2015/10/19/2015-1307/jo/texte the President of the Republic, on the report of the Prime Minister and the Minister of Foreign Affairs and international development , Pursuant to the Constitution, particularly articles 52 to 55.
Pursuant to law No. 2015-736 25 June 2015 authorizing the ratification of the agreement between the Government of the French Republic and the Government of Turkmenistan concerning air services;
Mindful of Decree No. 47-974 May 31, 1947, publication of the convention of international civil aviation signed at Chicago on 7 December 1944;
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 between the Government of the French Republic and the Government of Turkmenistan concerning air services (all an annex), signed at Ashgabat on March 2, 2013, will be published in the Official Journal of the French Republic.


Article 2 the Prime Minister and the Minister of Foreign Affairs and international development are responsible, each in relation to the implementation of this Decree, which shall be published in the Official Journal of the French Republic.

Annex agreement between the Government of the French Republic and the Government of TURKMENISTAN relating to air SERVICES (all one annex) signed in ASHGABAT on March 2, 2013. the Government of the French Republic and the Government of Turkmenistan, referred to as 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 and, for Turkmenistan, the Department of civil aviation of State Turkmenhowayollary that owes its name to Saparmurat Turkmenbashi the great, or, for one and the other, any person or body empowered to exercise functions currently carried out by the authorities mentioned above or similar functions;
(c) the designated 'air transport undertaking' means an air transport undertaking 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", "airline business" and "non-commercial stopover" have, respectively, the meanings of article 96 of the Convention;
(f) the term "specified routes" means the routes in the route schedule annexed to this agreement;
(g) the term "authorized services" means scheduled air services transport, separate or combined, passenger, baggage, mail and cargo carried for a fee on the specified routes;
(h) the term "tariff" means the prices charged by undertakings of air transport, directly or through their agents for the carriage of passengers, baggage and cargo, as well as the conditions to which apply these prices, including compensation and the conditions applicable to agencies, but excluding remuneration or the conditions applicable to the carriage of mail;
(i) the "user charges" means the fee imposed on the air carriers by the competent authorities in respect of the use of an airport or air navigation facilities by aircraft, crews, passengers, their luggage and their cargo;
(j) the term "Agreement" means this agreement, its (his) schedule (s) and all amendments to the agreement or its (his) schedule (s) agreed in accordance with the provisions of article 20 of this agreement.
2. the (the) schedule (s) form (s) an integral part of this agreement. Any reference to the agreement also deals with his (its) schedule (s), 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 air carriers 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 services approved on the specified routes, air transport undertaking designated by a Contracting Party has, in addition to the rights set forth in paragraph 1 of this article, the right to make stops in the territory of the other Contracting Party at the points mentioned for such routes specified in order to embark and disembark, separately or together, passengers baggage 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 a company of 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 authorization 1 air transport undertakings. 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 made by one of the Contracting Parties in accordance with the provisions of paragraph 1 of this article and upon request by the designated air carrier presented in the form and in the prescribed manner, the aeronautical authorities of the other Contracting Party shall, as soon as possible, appropriate operating authorisation to condition: a) in the case of an airline designated by the French Republic (: i) the air carrier is established in the territory of the French Republic within the meaning of the Treaty on European Union and the Treaty on the functioning of the European Union and has a valid site licence in accordance with the law of the European Union; and (ii) effective regulatory control of the air carrier is exercised and maintained by the Member State of the European Union responsible for issuing its air operator's certificate, and that the competent aeronautical authorities are clearly identified in the designation; and (iii) that the air carrier is owned, either directly or by majority participation, by Member States of the European Union or of the European Association of free trade or nationals of these States and is subject to effective control of these States or nationals of these States.
(b) in the case of an air transport undertaking designated by Turkmenistan: i) that the air carrier is established in the territory of Turkmenistan and has a valid site licence in accordance with the law of Turkmenistan; and (ii) that the Turkmenistan has and maintains effective regulatory control over air transport undertaking; and (iii) that the air carrier is owned, either directly or by majority participation, by Turkmenistan or its citizens and subject to effective control of that State or of its nationals.
(c) that the company's designated either airline to comply with 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 claims in accordance with the provisions of the Convention; and

(d) that the standards laid down in articles 9 and 19 are applied and implemented.
3. when an air transport enterprise has been so designated and authorized it may begin at any time operate chartered 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 transport undertaking 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 Union European and of the Treaty on the functioning of the European Union or does have a valid site licence in accordance with the law of the European Union; or (ii) effective regulatory control of the air carrier is not exercised or held by the Member State of the European Union responsible for issuing its air operator's certificate, or the relevant aeronautical authorities are not clearly identified in the designation; or iii) the air carrier is not owned, either directly or by majority participation, by the European Union or the European Free Trade Association Member States and/or nationals of these States, or is not subject to effective control of these States or nationals of these States at any time.
In exercising its right under this paragraph, Turkmenistan does not discriminate based on nationality between the company (or companies) of French airline (s) designated (s).
(b) in the case of an air transport undertaking designated by Turkmenistan: i) the air carrier is not established in the territory of Turkmenistan or does have a valid site licence in accordance with the law of Turkmenistan; or ii) Le Turkmenistan does not or does not maintain effective regulatory control over air transport undertaking; or iii) the air carrier is not held, either directly or by majority participation, by Turkmenistan or its citizens, or is not subject to effective control of that State or of its nationals at any time.
(c) where this air transport undertaking does not comply with laws or regulations normally and reasonably applied to the operation of international air transportation by the Contracting Party which grants these rights;
(d) in all cases where the standards set out in this agreement, in particular to articles 9 and 19, 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 needed to prevent new offences to laws and regulations, and 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 made sure the air carriers designated by the two Contracting Parties have opportunities fair and equal competition to operate chartered services governed by this agreement. Each Contracting Party shall ensure that its business (or businesses) airline (s) designated operates (nt) in conditions that allow to comply with this principle and takes measures to ensure compliance as necessary.
2. authorized service offered by the air carriers designated by the Contracting Parties on routes specified between their respective territories should be closely related to the demand for transport of the customer and must have for paramount to offer, with a filling factor reasonable tariffs consistent with the provisions of article 15 of this agreement-compatible , appropriate capacity to meet current requirements and reasonably expected from transport of passengers, baggage, cargo and mail, in order to promote the harmonious development of air services between the territories of the Contracting Parties.
3. the transportation offered by the air carriers designated 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 designated these air carriers;
b) the traffic requirements of the area traversed by the air transport undertaking, taking into account local and regional; and (c) the need for direct flights.
Article 6 Application of laws and regulations 1. Laws, regulations and procedures of a Contracting Party concerning the entry into 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 company (or companies) aircraft designated airline (s) 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 on its territory or exit from its territory of passengers, luggage, crews, and cargo aircraft are respected by such passenger, baggage, crew and cargo of the company or of the air carriers of the other Contracting Party, or on their behalf, at the entrance in the territory 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 fair competition 1. The Contracting Parties recognize that the creation of an environment of fair competition for the operation of air services constitutes a common objective. They recognize that practices of fair competition on the part of air transport companies were the most likely to take place if these air carriers operate on a fully commercial basis and do not benefit from public subsidies. They recognize that such aspects that, inter alia, the conditions of privatization of the air carriers, the removal of subsidies sources of distortion of competition, fair and non-discriminatory access to airport services and facilities and the computerised 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 in the territory of the other Contracting Party of the conditions that have a negative impact on the maintenance of an environment of fair competition and the operation of air services covered by this agreement by its air carriers, it can submit comments in writing to the aeronautical authorities of the other Contracting Party. In addition, they may request consultations on the subject to the aeronautical authorities of the other Contracting Party. These consultations shall take place within a period of thirty (30) days of receipt of the application.
3. issues that can be raised to the title of this article include, inter alia, capital injections, cross-subsidies, grants, guarantees, property, reductions or exemptions from taxes, protection against bankruptcy or by any public entity insurance.
4. None of the Contracting Parties impose unilaterally to the company (or to the business) designated airline (s) by the other Contracting Party of any restrictions or conditions with regard, inter alia, capacity, frequencies, or the transportation of passengers and/or cargo, which would lead to inequitable access to the market contrary to section 5 of this agreement.
5. If, at the end of consultations between aviation authorities, a Contracting Party considers that the conditions mentioned in paragraph 2 of this article persist and are likely to cause a significant disadvantage or harm to its business or its air carriers, it can take action. Any measure taken pursuant to this paragraph is 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 mentioned in paragraph 2, and is without prejudice to the right of a Contracting Party to take measures within the framework of article 21 (settlement of disputes).
Section 8 certificates of airworthiness, certificates of competency and licences

1. the validity of the certificates of airworthiness, certificates of fitness and licenses issued or validated in accordance with the laws and regulations and not expired of a Contracting Party 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 always at least equal to the minimum standards which 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 9 1 aviation safety. Each Contracting Party may at any time request consultations concerning the safety standards adopted 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, as a result of these consultations, a Contracting Party considers that the other Contracting Party does not require or does not effectively, in the area referred to 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 does not measures within a reasonable time and, in any case, within fifteen (15) days or a longer period eventually stopped by mutual agreement, there are appropriate to apply article 4 of this agreement.
3. Notwithstanding the obligations laid down by article 33 of the Convention, it is agreed that any aircraft operated or leased by the company or the air carriers of contracting for services to destination or from the territory of a another Contracting Party may, during his stay on the territory of the other Contracting Party, be submitted by the authorised representatives of the other Contracting Party to a review on board or outside the aircraft in order to verify the validity of documents of 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: has) serious grounds to believe that an aircraft or its operation does not meet the minimum standards in effect at the time considered in accordance with the Convention; or b) substantial grounds to fear deficiencies in the adoption and the implementation of safety standards in force at that 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 according to which certificates or licences relating to the aircraft its operator or its crew were issued or validated are not equal or superior to the minimum standards in force at the time considered in accordance with the Convention.
5. in the case of a refusal of access to an aircraft operated by the company or the air carriers 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 serious grounds for the type of 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 undertakings airline 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, she concluded the need to act immediately to ensure the safety of the operation of one or several air transport companies.
7. any action taken by a Contracting Party in accordance with paragraphs 2 or 6 above is suspended as soon as the facts on which it ceased to exist.
8. If the French Republic appointed a company of air transport which regulatory control is exercised and provided by another EU Member State, the rights of Turkmenistan in the title of this article apply also to the adoption, application or implementation of security requirements by that Member State of the European Union and the licensing of this air transport undertaking.
Article 10 user charges 1. User charges that may be levied by the competent authorities or bodies of a Contracting Party with the company (or companies) designated airline (s) of the other Contracting Party in respect of the use of airport services and facilities and security facilities, safety, air and other navigation which fall within their authority must be fair, reasonable, non-discriminatory and subject to equitable distribution between the categories of users. They must not be higher than those that are received in respect of the use of such services and facilities by another airline company that operates international services similar or analogous.
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 Contracting Party shall notify to the company (or companies) designated airline (s) of 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 air transport companies that use services and facilities in the event of increase in charges.
Article 11 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 company (or companies) airline (s) designated by the other Contracting Party, their normal equipment, their fuels and lubricants, technical consumables, spare parts, including engines, and stores (including but without limitation the food, beverages and alcohol (, 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: has) stores introduced or supplied in the territory of a Contracting Party and taken on board, within reasonable limits, for use on board aircraft in the departure of the company (or companies) airline (s) designated by the other contracting party operator international air services, 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 transport undertaking 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 transport undertaking designated a 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 timetables, brochures and printed materials from entering the territory of a Contracting Party and intended to be distributed free of charge on board the aircraft by the company (or companies) designated airline (s) of 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 when the company (or companies) airline designated (s) of a Contracting Party has (have) concluded with another company of air transport, benefiting from 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.
Article 12 commercial activities 1. The company (or companies) airline designated (s) of a Contracting Party has (have) the right, on the basis of reciprocity, to establish offices in the territory of the other Contracting Party for the purposes of the promotion and sale of passenger air transport services and freight.
2. the company (or companies) airline designated (s) of a Contracting Party is (are) allowed (s), 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 cargo and passenger air transport services.
3. each Contracting Party shall accord the necessary personnel of the company (or companies) airline (s) designated by the other Contracting Party, on the basis of reciprocity, permission 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 undertaking.
4. each Contracting Party shall accord, on the basis of reciprocity, the company (or companies) airline (s) designated by the other Contracting Party the right to enter and stay in its territory, in accordance with the law of that Contracting Party, the additional staff required by this company (or the company [s]) designated airline (s) of the other Contracting Party for their activities.
5. the (or the) undertaking (s) designated airline (s) of each Contracting Party has (have) the right to sell, on the territory of the other Contracting Party, to air transport services passenger and freight, and anyone, regardless of nationality, can buy such services of transport in local currency or in any freely convertible currency from other countries in accordance with the law of that other Contracting Party.
6. on the basis of reciprocity, the company (or companies) airline (s) designated a Contracting Party has (have), the territory of the other Contracting Party, the right to proceed with the sale of transport services air passengers and freight, with its or their tickets in their own offices as through agents accredited by their choice. The company (or companies) airline (s) designated a Contracting Party has (have) the right to open and maintain in the territory of the other Contracting Party, to bank accounts in the currency of one or other 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 accord to the company (or companies) designated airline (s) of the other Contracting Party the right to freely transfer the excess of income over expenditure in accordance with the law of the State on whose territory the revenue collected. The conversion and transfer are taken without delay, restriction or imposition, at the rate of Exchange applicable to current transactions, in accordance with the law of the State in the territory of which the revenues were collected.
2. each Contracting Party shall accord to the company (or companies) designated airline (s) of the other Contracting Party the right to assign all or part of their revenues earned on its territory for the settlement of all expenses in connection with their activities of transport (including fuel purchases) and with other activities related to air transport services passenger and cargo. These payments are made in accordance with the legislation applicable in the territory of the Contracting Party of which the regulations are made.
3. to the extent that financial settlements between the Parties are governed by a special agreement, the agreement shall apply.
Article 14 Services groundhandling subject to the laws and regulations in force in each Contracting Party including, with respect to the French Republic, the European Union law, each air transport undertaking has the right, on the territory of the other Contracting Party, to self-handle or, at its option, to choose among competing providers who provide services of groundhandling in whole or in part. When laws and regulations limit or exclude self-handling and when there is no effective competition between the providers of groundhandling, each designated airline company is treated in a nondiscriminatory manner in relation to access to self-help and groundhandling services provided by one or more providers.
Article 15 1 tariffs. Rates to be charged by the designated air carriers are set at reasonable levels freely and independently, taking into account all relevant factors, including operating costs, the characteristics of the service and a reasonable profit.
2. each Contracting Party may request notification or the filing with its aeronautical authorities of rates for services departing from or to its territory by the company (or companies) designated airline (s) of the other Contracting Party. The notification or filing by the company (or companies) of transport air of the two Contracting Parties may be required no later than thirty (30) days before the proposed date of entry into force. In some cases, the notification or filing may be authorized in shorter than normally required.
3. without prejudice to the laws on competition and protection of consumers for each Contracting Party, the intervention by the Contracting Parties shall be limited to: a) the prevention of price or unreasonably discriminatory practices;
(b) the protection of consumers from prices unreasonably high or binding by reason of an abuse of a dominant position;
(c) the protection of the air carriers compared to artificially low prices due to direct or indirect supports and subsidies;
(d) the protection of the air carriers compared to artificially low prices, with the specific intent to eliminate competition).
(((4 when the aeronautical authorities of one of the Contracting Parties consider that a tariff does not meet the criteria set out in paragraph 2 or falls into the categories referred to in paragraphs 4(a)), 4.b), 4.c) and/or 4.d), they send a notice substantiated their dissatisfaction to the aeronautical authorities of the other Contracting Party and to the air carrier involved as soon as possible , and, in any case, not later than thirty (30) days after the date of notification or filing of the rate in question. In addition, they may request consultations in this regard with the aeronautical authorities of the other Contracting Party. Such consultations are held within a period of thirty (30) days receipt of the request. Rates are considered as approved, unless the two aeronautical authorities have decided to disapprove them in writing.
Article 16 approval of operational programmes 1. The programs of the company (or companies) operating air transport designated (s) of a Contracting Party are submitted for approval to the aeronautical authorities of the other Contracting Party.
2 such operating programs are communicated thirty (30) days prior to commencement of operations and shall specify, in particular, regular services, their frequency, types of aircraft, their configuration and the number of seats available to the public. In some cases, this period of thirty (30) days may be reduced, subject to agreement between the aeronautical authorities of both Contracting Parties.
3. any changes to operating programs approved air transport undertaking designated a Contracting Party is submitted for approval to the aeronautical authorities of the other Contracting Party.
Article 17 Transit 1. Passengers, baggage and cargo in direct transit via the territory of a Contracting Party are subject to simplified controls.
2. the freight and baggage in direct transit via the territory of a Contracting Party are exempt from all rights of customs, inspection fees and other fees and levies.
Article 18 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) Enterprise (s) air transport designated (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 as may be reasonably required to examine the operation of authorized service.

Article 19 1 aviation security. In accordance with their rights and obligations under international law, the Contracting Parties reaffirm their mutual obligation to guarantee 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 these provisions apply to them; they require that operators of aircraft including the headquarters of operation or permanent residence is located on their territory and, in the case of the French Republic, that operators who are established on its territory and have a license to operate in accordance with the law of the Union European, as well as 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 safety of aviation includes any difference notified by the Contracting Party concerned. Each Contracting Party in advance informed the other Contracting Party of its intention to notify any divergence relating to these provisions.
4. each Contracting Party agrees that its operators of aircraft may be required to meet for the start or during the stay in the territory of the other Contracting Party, the provisions in the field of aviation security, pursuant to the legislation in force in this country, including in what concerns the French Republic, the law of the Union European, in accordance with article 6 of this agreement. Each Contracting Party makes so that adequate measures are effectively applied within its territory to protect the aircraft and to inspect passengers, crew, their baggage and carry-on baggage, cargo and ship's stores, before 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, the Contracting Parties shall assist each other by facilitating communications and other appropriate measures to end quickly and safely this threat or incident.
6. If a Contracting Party has reasonable grounds to estimate that the other Contracting Party has failed 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, on a provisional basis, appropriate protection measures to deal with this threat.
Any measure taken pursuant to this paragraph is suspended as soon as the other Contracting Party has complied with the provisions of this section for safety.
Article 20 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 the present article shall enter into force in accordance with the provisions of article 25 of this agreement.
Notwithstanding paragraph 3 of this article, amendments to the annex to this agreement may be agreed by the aeronautical authorities of the Contracting Parties and shall enter into force after confirmation by Exchange of diplomatic notes.
Article 21 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 20 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 can either agree to submit the dispute for decision to a person or a body designated by mutual agreement, 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 who appointed him. 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 does not comply with a decision pursuant to 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.
Article 22 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 20 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 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 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 this period. 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 24 registration with ICAO this agreement organization will be registered with the international civil aviation organization by Turkmenistan and the French Republic.
Article 25 entry into force each party contracting shall notify the other Contracting Party through the diplomatic channel the completion of the internal procedures required by far for the entry into force of the present agreement which takes effect the first day of the second month following the day of receipt of the second notification.
In witness whereof, the undersigned, duly authorized by their respective Governments, have signed this agreement.
Done in Ashgabat, March 2, 2013, in two originals, each in the French language and Turkmen language, both texts being equally authentic.
For the Government of the French Republic: LAURENT FABIUS Minister for Foreign Affairs for the Government of Turkmenistan: Rashid MEREDOV Minister of Foreign Affairs annex annex 1 route schedule. Route that could be exploited by the company or companies designated airline (s) of the French Republic: points in France, via all intermediate points, to Ashgabat and/or a point additional (*) in Turkmenistan and to all points beyond and vice versa.
2 road that could be exploited by the company or companies designated airline (s) of Turkmenistan: points in Turkmenistan, through all intermediate points, to Paris or a point additional (*) in France and to all points beyond and vice versa.
(*) Select and modify it freely by the aeronautical authorities of the Contracting Party nominates the company or airline companies.




Notes: a) the company or companies designated airline (s) of each Contracting Party may, at their discretion on all or part of their services:-operate in one direction or in both directions.
-omit stops at one or several points of the specified routes;
-complete their service on the territory of the other Contracting Party or beyond, provided that the corresponding services begin or terminate in the territory of the Contracting Party which has designated the airline undertaking;
(b) the exercise of traffic rights by one or more air carriers designated (s) of each Contracting Party between intermediate points or points beyond located in a third country and the territory of the other Contracting Party is subject to an agreement between the aeronautical authorities of both Contracting Parties;
(c) on any segment of the above routes, a designated air transport undertaking in 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 insofar that the trans port beyond this point constitutes a secondary exploitation over the main service on the specified route.

Annex annex 1 route schedule. Route that could be exploited by the company or companies designated airline (s) of the French Republic: points in France, via all intermediate points, to Ashgabat and/or a point additional (*) in Turkmenistan and to all points beyond and vice versa.
2 road that could be exploited by the company or companies designated airline (s) of Turkmenistan: points in Turkmenistan, through all intermediate points, to Paris or a point additional (*) in France and to all points beyond and vice versa.
(*) Select and modify it freely by the aeronautical authorities of the Contracting Party nominates the company or airline companies.




Notes: a) the company or companies designated airline (s) of each Contracting Party may, at their discretion on all or part of their services:-operate in one direction or in both directions.
-omit stops at one or several points of the specified routes;
-complete their service on the territory of the other Contracting Party or beyond, provided that the corresponding services begin or terminate in the territory of the Contracting Party which has designated the airline undertaking;
(b) the exercise of traffic rights by one or more air carriers designated (s) of each Contracting Party between intermediate points or points beyond located in a third country and the territory of the other Contracting Party is subject to an agreement between the aeronautical authorities of both Contracting Parties;
(c) on any segment of the above routes, a designated air transport undertaking in 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 insofar that the trans port beyond this point constitutes a secondary exploitation over the main service on the specified route.

Is October 19, 2015.
François Hollande by the President of the Republic: the first Minister, Manuel Valls the Minister of Foreign Affairs and international development, Laurent Fabius (1) entered into force: 1 October 2015.

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