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;
Having regard to the amended Decree No. 53-192 of 14 March 1953 concerning the ratification and publication of the international commitments undertaken by France;
Having regard to Decree No. 68-200 of 23 February 1968 on the publication of the Air Transport Agreement between France and New Zealand of 9 November 1967,
Decrete:
The agreement in the form of an exchange of letters between the Government of the French Republic and the Government of New Zealand amending the agreement of 9 November 1967 on air transport between France and New Zealand, signed in Wellington on 22 September 2015, 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
SUBSTANCE OF LETTERS TO THE GOVERNMENT OF THE FRENCH REPUBLIC AND THE GOVERNMENT OF THE NEW ZEALAND AMENDMENT OF THE NOVEMBER 9 1967 RELATING TO THE AIR TRANSPORT OF FRANCE AND New Zealand, SIGNED TO WELLINGTON
September 22, 2015
Mr. Hon Simon Bridges,
Minister of Foreign Affairs
New Zealand
Excellency,
I have the honour to refer to the Air Transport Agreement between the Government of the French Republic and the Government of New Zealand dated 9 November 1967 (hereinafter referred to as "the Agreement").
In accordance with Article 12 of the Agreement, I propose that the present Article 10 of the Agreement be replaced by the following new Article 10:
“Article 10
1. For the purposes of this Agreement, 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 the agencies, but not the remuneration or conditions applicable to the transport of mail.
2. The rates (including taxes and/or surtaxes) to be applied by the designated air carriers of each contracting party are fixed at reasonable, freely and independently, taking due account of all relevant factors, including operating costs, service characteristics and a reasonable benefit.
3. Each contracting party may request notification to its aeronautical authorities or the registration with them of the tariffs that the designated air carriers of the other contracting party intend to apply at the departure or destination of its territory. Notification or registration, by designated air carriers of both Contracting Parties, may be required no later than thirty (30) days before the scheduled date for their entry into force. In some cases, notification or registration may be permitted within a shorter period of time than normally provided.
4. Without prejudice to competition and consumer protection laws in force in each Contracting Party, the intervention of the Contracting Parties shall be limited to:
(a) the prohibition of unreasonably discriminatory prices or practices;
(b) consumer protection from unreasonably high or restrictive prices due to abuse of dominant position;
(c) the protection of air carriers from artificially low prices due to direct or indirect subsidies or aids;
(d) the protection of air carriers from artificially low prices, with the proven intention of eliminating competition.
5. Where aeronautical authorities of one of the contracting parties consider that a tariff does not meet the criteria set out in paragraph 1 and/or falls within the categories referred to in paragraphs 4(a), 4(b), 4(c) and/or 4(d), they send a reasoned notification of their disapproval to the aeronautical authorities of the other contracting party and to the air transport undertaking concerned as soon as possible and, in any event no later than thirty (30) In addition, they may request consultations on this matter with the aeronautical authorities of the other contracting party. These consultations take place within thirty (30) days of receipt of the application. Tariffs are considered to be approved, unless the aeronautical authorities of both parties have agreed to disapprove them in writing. »
In accordance with Article 12 of the Agreement, I further propose that the present Annex to the Agreement be replaced by the following new Annex:
« ANNEX
CONTENTS
The designated air carriers of each of the Contracting Parties shall enjoy on the roads below defined the rights provided for in this Agreement:
I - Routes for designated air transport companies in France:
| 1 | From Metropolitan France | Via intermediate points: - in South Europe; - in Egypt; - in the Near and Middle East; - Pakistan; - in Sri Lanka; - in Thailand; - in Burma; - Cambodia; - in Vietnam; - in Malaysia; - Singapore; - in Indonesia; - in Australia; - New Caledonia | Towards Auckland | Via intermediate points in third countries, towards French Polynesia and beyond, via intermediate points, to metropolitan France |
| 2 | New Caledonia | - | To Auckland and/or Christchurch | - |
| 3 | From all points below French Polynesia with the exception of points in the French Republic (including in New Caledonia) via all points in French Polynesia | Via all intermediate points except points in the French Republic (including New Caledonia) | To all points New Zealand | All points beyond except points in the French Republic (including in New Caledonia) |
It - Routes for designated air carriers in New Zealand:
| 1 | New Zealand | Via intermediate points | Towards French Polynesia | And beyond: (a) via intermediate points to the United States and beyond, via intermediate points to London and beyond, via intermediate points in third countries to New Zealand; (b) to Chile and Argentina; c) to Osaka, Seoul, Taipei and Bangkok |
| 2 | New Zealand | - | to Nouméa | - |
| 3 | From all points below New Zealand, except points in the French Republic (including New Caledonia) via all points in New Zealand | Via all intermediate points except points in the French Republic (including New Caledonia) | To all points in French Polynesia | All points beyond except points in the French Republic (including in New Caledonia) |
Notes for roads 1 and 2 of France and New Zealand:
One or more points may be omitted on one or all of the flights provided that each service begins or ends in the territory of the Contracting Party that has designated the air carrier concerned.
Notes for Route No. 3 of France:
(a) The company or designated air carriers of France 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;
- modify the order of service of the points of the specified routes (including the possibility of serving intermediate points as points beyond and vice versa, as well as that of omiting stops in a sense of a service);
provided that the corresponding services begin or end in French Polynesia.
(b) In any segment of the above routes, a designated air carrier in France may, at any point, redistribute unrestricted traffic as to the type or number of aircraft operated. This faculty is open as long as the transport beyond this point is carried on the main section of the specified road.
Notes for New Zealand Road No. 3:
(a) The designated air carrier or air carriers of New Zealand 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;
- modify the order of service of the points of the specified routes (including the possibility of serving intermediate points as points beyond and vice versa, as well as that of omiting stops in a sense of a service);
provided that the corresponding services begin or end in New Zealand.
(b) In any segment of the above routes, a designated New Zealand air carrier may, at any point, redistribute unrestricted traffic in the type or number of aircraft operated. This faculty is open as long as the transport beyond this point is carried on the main section of the specified road. »
If the foregoing provisions have the concurrence of the Government of New Zealand, I have the honour to suggest that this letter and your letter of reply constitute an agreement between our two governments amending the Agreement, which will come into force on the date of your letter of reply.
I also have the honour to inform you that the foregoing provisions collect the concurrence of the Government of New Zealand and that, in accordance with the provisions of Article 12 of the Air Transport Agreement between the Government of the French Republic and the Government of New Zealand, your letter and this letter of reply will come into force on the date of this letter of reply.
Hon Simon Bridges
Minister for Foreign Affairs of New Zealand
Done on December 29, 2015.
François Hollande
By the President of the Republic:
The Prime Minister,
Manuel Valls
Minister for Foreign Affairs and International Development,
Laurent Fabius
