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The Government Of The Republic Of Latvia And The Government Of The Republic Of Estonia Agreement On Air Services

Original Language Title: Par Latvijas Republikas valdības un Igaunijas Republikas valdības līgumu par gaisa satiksmi

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The Saeima has adopted and the President promulgated the following laws: For the Government of the Republic of Latvia and the Government of the Republic of Estonia agreement on air traffic in article 1. 1995. January 20, Riga, signed by the Government of the Republic of Latvia and the Government of the Republic of Estonia the agreement on air transport (hereinafter the agreement) with this law is adopted and approved. 2. article. The law shall enter into force on the date of its promulgation. By law to be put to this law, the Contract referred to in article 1 of the Latvian language. 3. article. Ministry of Foreign Affairs of the Republic of Latvia on the basis of this law and in accordance with article 21 of the Treaty, ratification of article shall be prepared to send to the Government of the Republic of Estonia. 4. article. The agreement shall enter into force for the period specified in article 21 and in order. The Parliament adopted the law of 1995 on November 2. The President g. Ulmanis in Riga on 14 November 1995 in the Government of the Republic of Latvia and the Government of the Republic of Estonia on the air contents preamble article 1. Definitions article 2. Traffic rights article 3. Airline designation of article 4. Cancellation, suspension and conditions on article 5. User payments article 6. Customs duties Article 7. The law and application of the provisions of article 8. The provisions of article 9 of the capacity. Article 10 tariffs. Commercial and financial provisions article 11. List of flight approval article 12. Exchange of statistical data article 13. Safety article 14. Aviation security article 15. Article 16 consultations. Amendment of article 17. Settlement of disputes article 18. Termination of the agreement article 19. Compliance with the multilateral conventions and agreements article 20. Registration article 21. The term of the contract, entry into force, the Government of the Republic of Latvia and the Government of the Republic of Estonia, desiring, in accordance with the Convention on international civil aviation and the international agreement on the transit of air traffic, which opened for signature 7 December 1944 in Chicago, to conclude a treaty to create a regular air services between their respective territories and regulate civil aviation activities, have designated their Plenipotentiaries representatives who have agreed as follows: article 1 definitions for the purposes of this agreement and its annex If one does not follow from the text, a) the concept of "Convention" means the Convention on international civil aviation, opened for signature 7 December 1944 in Chicago, and all the annexes thereto adopted under article 90 of the Convention, as well as the Convention or its annexes, amendments made in accordance with this Convention or article 90 94 and ratified by two Contracting Parties; (b)) the term "aviation authorities" for the Republic of Latvia Ministry of transport means, in respect of the Republic of Estonia, the Ministry of Transport and communications, or both, any person or body authorised to perform the functions of those institutions; (c)) with the term "designated airline" means an airline which, in accordance with article 3 of this agreement designated and empowered to perform this contract in the route set out in the annex; (d) the concept of "territory"), "air service", "international air service", "airline" and "stop for non-commercial purposes" are 2 of the Convention and 96 article; e) the term "tariff" means: (i)), which the airline fees charged or made for the levy on a regular basis to transport passengers and their baggage; (ii) additional charge) services that provide the airline during transport, and their circumstances; III) charge that the airline expects to charge or charged for cargo (excluding mail) regular services; IV) commissions that airlines pay to the agent who sells the carriage of passengers and their luggage transport tickets or take the slip, regular air transport; v) conditions that any tariff lays down the possibility of application or application, including the related material benefits; f) the concept of "user charges" means the charges imposed on the competent authorities to airlines on airport or air navigation use aircraft, crews, passengers and cargo; (g)) the concept of "capacity" mean: for aircraft, on the route or the carrying capacity of the aircraft used; regarding the traffic, this performed aircraft traffic frequency in a specific time period or the period; h) the concepts of "contract" and "the traffic route" means the international air traffic, which is carried out in accordance with article 2 of this agreement and the route set in the route list. This Treaty article titles is just a reference and auxiliary, and they do not in any way restrict or describes the objectives and purpose of this agreement. Article 2 traffic rights 1. Contracting Parties designated airline for scheduled international air services, each Contracting Party shall grant the other party the following rights: (a)) without landing to fly over the territory of the other Contracting Party; b) settle in that territory for non-commercial purposes; (c)) to make a landing in the territory of the other Contracting Party to this agreement points set out in the annex, to take the combined or separately or put in international traffic in passengers, or unloaded cargo and mail. 2. Each Contracting Party's airlines, which are designated in accordance with article 3 of this agreement, you may use this article for "a" and "b" of the right provided for in paragraph. 3. Nothing in the provisions of this article cannot be considered for the award of one of the Contracting Parties designated airline in the territory of the other Contracting Party to pick up passengers, cargo and mail for remuneration or hire on the basis of the contract of carriage to another point in the territory of the other Contracting Party. Article 3 designation of Airlines 1. to make the traffic, each Contracting Party shall have the right to assign airline, notifying in writing the other Contracting Party. 2. Each Contracting Party shall have the right to cancel or amend the appointment has been made. 3. After written notification of the receipt of the designation of an airline, if from this article and the provisions of paragraph 5, it does not follow that the other Contracting Party must be issued immediately to the airline or airlines of the authorization. 4. the Contracting Parties of the aviation authorities are entitled to request from the other Contracting Parties designated airlines to demonstrate that it is able to fulfill the laws and rules of that institution, in accordance with the provisions of the Convention and generally acceptable manner in international air traffic. 5. Each Contracting Party shall have the right to refuse the other Contracting Parties designated airline this article referred to in paragraph 3, authorization or request to meet the conditions, which it considers necessary if the airline designated uses set out in article 2, in any case, when it has no evidence that real property rights to the airline and effective control over it is a Contracting Party that has appointed it , or its citizens, or both. 6. After the designation and authorization at any time, the airline may initiate traffic, provided for in the Treaty if it fulfils all the provisions of this agreement, including the setting of a tariff, in accordance with article 9 of this agreement, and if these rates entered into force with respect to that traffic. Article 4 cancellation, suspension and the imposition of conditions 1. Each Contracting Party shall have the right to suspend or to revoke the other party's designated airlines in accordance with article 2 of this agreement, the rights granted or request to meet such conditions as it deems necessary for the exercise of those rights, if: (a)) that the airline does not comply with the laws of the Contracting Party which has granted or the provisions of this law; b) airline could not otherwise operate in accordance with the terms of this agreement; (c)) it is not proof that real property rights and effective control of that airline is a Contracting Party that has appointed the airline, its citizens or both. 2. If there is no need to immediately withdraw or suspend the carriage referred to in paragraph 1 or to request permission to meet conditions to prevent further violation of law or regulation, this right will be exercised only after consultation with the other Contracting Party. Consultations begin within thirty (30) days of the date on which the other Contracting Party has received the written request. 5. Article 1 of the user charges charges from one Contracting Party to any of the designated airlines of the other Contracting Party in the territory are charged on the airport and other aviation facilities will not be higher than those charged by the other Contracting Parties in similar international air services using aircraft. 2. Each Contracting Party shall encourage consultations between the authorities competent to apply the imposition of duties, and airlines that use their services offered and features as possible, using this airline representative institutions. Reasonable notice of the change of such payments should be notified to the users, to enable them to express their thoughts before the change takes place. Each Contracting Party shall further promote the exchange of information on payments between its institutions, which falls within the competence of the imposition of duties, and the services and features for users. 6. Article 1 of the customs duties of one Contracting Party, the designated airlines of aircraft engaged in international air transport, as well as their regular equipment, supplies of fuel and lubricants and aircraft's stores (including food, beverages and tobacco) on board an aircraft arriving in the territory of the other Contracting Party, be exempt from all customs duties, inspection fees and other duties or taxes, if the equipment and inventory are located on the aircraft until their removal. 2. paragraph 1 of this article in duties, taxes and charges other than charges for services rendered will be released also: a) aircraft inventory (including food, beverages and tobacco) that reasonable quantities of imported or supplied in the territory of one of the Contracting Parties for the reception of the other Contracting Party, designated airlines of the international air traffic; b) spare parts, including engines, imported in the territory of one of the Contracting Parties to make the other Contracting Parties designated in the international airline traffic, aircraft technical maintenance or repair; c) fuel, lubricants and the necessary technical features imported or captured in the territory of one of the Contracting Parties, the use of the other Contracting Party, the international traffic in an aircraft, even if these items will be used to fly over the territory of the Contracting Party where they are taken on board an aircraft. 3. The equipment referred to in paragraph 2 and item upon request can be passed to the relevant supervision or control. 4. From the customs duties and taxes on a mutual basis is also free of advertising and informational resources, and transport documents for the purposes of the designated airline, except for the portion of the fee which is equal to the cost of services. 5. normal aircraft equipment as well as materials and supplies, located in one of the Contracting Parties shall, in the territory of the other Contracting Party may be unloaded in the customs territory only after the consent of the institution. In that case, they must be placed under the supervision of the said authorities to their removal or other deployment in accordance with the customs rules. 6. Baggage and cargo in direct transit which cross the territory of a Contracting Party, are exempt from customs duties, excise duties and taxes, except charges for services rendered, upon arriving in the area. Article 7 of the law and the application of the rules 1. From one Contracting Party to the aircraft on arrival in the territory of the other Contracting Party, it being in it or leaving, this will respect the other party's transport and air navigation laws and regulations. 2. the law of one Contracting Party and the provisions governing the carriage of passengers, crew, cargo and mail arrival in its territory or leaving its territory, that is, the formalities relating to passports, currency, customs, sanitary and quarantine rules will be applied to the other Contracting Parties designated Airlines aircraft, crews, passengers, cargo and mail it to the arrival, departure or during a stay in the territory of that Contracting Party. 3. Passengers who travel in transit across the territory of the Contracting Party, if they do not leave the airport special zone, the territory is suitable as possible to facilitate customs and border control procedures. Article 8 capacity provisions 1. Both Contracting Parties designated airlines will have fair and equal opportunity to operate flights to any of those laid down in the annex of this contract routes. 2. One of the Contracting Parties designated airlines performing the traffic along this route to the list annexed to the Treaty on certain routes, to take into account the other party's designated airlines or airline interests, to avoid damage to the traffic, which was later the other Contracting Party, the said airline or airline will take over those routes. 3. when the traffic, the designated airlines of the Contracting Parties, the main challenge is to ensure the capacity corresponding to the existing and reasonably expected demand of passengers, mail and cargo of the airline designated Contracting Parties and to the territory. 4. the Contracting Parties will determine together periodically capacity, which are provided to certain routes. Article 9 tariffs 1. Tariffs that one Contracting Party designated airline shall apply, taking the traffic, be a certain acceptable level, with due regard to the relevant factors vissiem, including shipping costs, a reasonable amount of profit, service level, the conditions of competition and the market, as well as the interests of users of traffic. Competent aviation authorities may refuse to approve a tariff only if it does not comply with these principles. The following rates are determined according to the following provisions of this article. 2. the tariffs referred to in paragraph 1, the application of specific routes be agreed annually for airlines. However, the tariff filing and approval of such agreement is not mandatory. 3. Each tariff shall be submitted for approval to the other Contracting Party, the joint aviation authorities not later than thirty (30) days before the date of their introduction. The two parties, the aviation authorities may agree on shortening this period. 4. each proposed tariff at any time must be approved by the other Contracting Party, the joint aviation authorities. If such confirmation is not, it is considered as approved, unless the Contracting Parties of the aviation authorities of twenty (20) days of the submission of the proposed tariff is not received by the other Contracting Party of aviation authorities written rejection. If one Contracting Party aviation authorities submitted the following written rejection of the other Contracting Party may request the aviation authorities to try to fix a tariff of both Contracting Parties, aviation authorities by mutual agreement. 5. If aviation authorities cannot determine a tariff under paragraph 4 of this article, the provisions of the dispute at the request of one of the aviation authorities shall be settled in accordance with article 17 of this agreement. 6. each tariff established in accordance with the requirements of this article, shall be in force until the day when, in accordance with the requirements of this article are laid down in the new tariff. If both Contracting Parties of the aviation authorities have agreed otherwise, the tariff time limit under this paragraph may be extended by not more than twelve (12) months from the date on which the term of the drain. Article 10 commercial and financial rules 1. each Contracting Party on a reciprocal basis the other Contracting Party granted designated airline or airlines of its territory the right to maintain their own offices and representations, which are employed in the administrative, commercial and technical personnel. 2. each of the Contracting Parties designated airline or airlines have the right to sell the transport service in the territory of the other Contracting Party, directly or through agents. A Contracting Party is not limited by the other Contracting Parties designated air-companies the right to sell transportation services and any person the right to buy them. 3. The said operations must be carried out in accordance with the other Contracting Party's laws and regulations. 4. billing and payment between the designated airlines of the Contracting Parties in turn in accordance with the bilateral agreement on payments. If such provisions are not included in the contract for payment, billing and payments listed will be sorted according to the currency regulations in force within their territories. 5. the designated airlines of the Contracting Parties have the right of free transfer of the sales territory to their home territory of cash surpluses from income exceeding expenses. These transfers may be included in the income from air services sales derived, directly or through agents, ancillary and supplementary services, as well as the usual bank interest, calculated for the period to the transfer. 6. the conversion of income and transfers will be performed after exchange rate conversion and transfer of the day and they will not be taxed or subject to any other restrictions, except for the usual fee for banking service using the above conversion and transfer. Article 11 of the Schedule 1 of the approval of one of the Contracting Parties designated airline or airlines of the other Contracting Party, the joint aviation authorities, approval of summer and winter flight program not later than thirty (30) days prior to the commencement of the flight. Lists should include the frequency of flights, departure and arrival times as well as the type of aircraft used. Of the other Contracting Party, the joint aviation authorities within twenty (20) days must be communicated in writing to the Contracting Party referred to the airline or airlines on this list or rejection. 2. all the amendments which will later be submitted for the approval of the other Contracting Party, the joint aviation authorities. 3. requests to allow additional flights of one of the Contracting Parties designated airline shall be submitted directly for approval of the other Contracting Party, the joint aviation authorities. Article 12 exchange of statistical data of one party after another aviation authorities of the Contracting Parties, at the request of the aviation authorities must submit it to all the current and other statistical data, you need to check the designated airlines or airline transport. This information shall, as far as possible, should include data on transport start and endpoints. Article 13 1 Safety each Contracting Party shall, in the performance of the carriage by air in force declaring the validity of certificates, flight qualification certificates and licenses that are issued or recognised as valid in the other Contracting Party, if the certificate or license requirements are lower than the minimum standards that may be established under the Convention. Each Contracting Party shall have the right to refuse to recognize as valid in flights over their territory, certificates of competency and licenses issued to its nationals or recognised as valid in the other Contracting Party. 2. Each Contracting Party may request consultations concerning the safety standards, of which guided the other Contracting Party and which relate to the provision of air navigation equipment, crew, aircraft and security requirements to be met by designated airlines performing air services. If such consultation during one Contracting Party finds that the other Contracting Party does not comply and does not apply security standards and requirements that meet at least minimum standards, which shall be determined in accordance with the Convention, then on these issues and on the measures which are considered necessary in order to comply with these minimum standards, you can notify the other Contracting Party, which must take the necessary measures to prevent irregularities. Each Contracting Party shall have the right to suspend, cancel or restrict the other Contracting Parties designated airline or airlines of the authorization issued by the airline or airlines or technical permission, if the other Contracting Party within a reasonable time does not take the necessary measures. Article 14 aviation security 1. each party represents that its obligations towards the other Contracting Party to prevent acts of unlawful interference in civil aviation activities form an integral part of this agreement. 2. Each Contracting Party shall, in order to prevent acts of unlawful interference in civil aviation activities, strictly Act in accordance with the requirements prescribed in the Convention on offences and certain other acts committed on aircraft, which was signed in 1963 in Tokyo on September 14, the Convention on the fight against unlawful seizure of aircraft, which was signed December 16, 1970, at the Hague, the Convention on the fight against illegal acts that jeopardise the security of civil aviation who signed the 1971 September 23 in Montreal and in the Protocol on the fight against the illegal acts of violence at airports serving international civil aviation, supplementing the 1971 September 23 in Montreal signed the Convention on the fight against illegal acts that jeopardise the security of civil aviation and who signed the 1988 on September 24 in Montreal. 3. each Contracting Party shall, at the request of the other Contracting Party shall provide it with all necessary assistance to prevent civil aviation aircraft seizure and other illegal against aircraft, their passengers and crew, airports and air navigation facilities geared to legislation and any other threat to the security of civil aviation. 4. the Contracting Parties shall, in their mutual relations will comply with the international civil aviation organization and to the annexes of the Convention laid down the proposed aviation security regulations. Each Contracting Party shall require that its registered aircraft operator or aircraft operator whose home or place of business is in its territory, or in its territory, airports operators act in accordance with those rules. 5. each Contracting Party agrees that the other Contracting Party is entitled to require its air operators comply with paragraph 4 of this article in the aviation safety rules, the arrival in the territory of the other Contracting Party, leaving it or stay in it. Each Party shall provide in its territory be taken effective measures for the protection of aircraft and passengers, crew, carry-on items, baggage, cargo, mail, aircraft inventory check before boarding or during loading. Each Contracting Party should be perceived with understanding other party's claim to take special security measures to prevent specific risks. 6. If the illegal seizure of aircraft or its threat or any other illegal activity which may endanger the aircraft, passengers and crew, airports and air navigation facilities in each Contracting Party will help the other Contracting Party, facilitating communications and other appropriate measures to quickly and safely remove the incident or threat thereof. Article 15 consultations 1. Both Contracting Parties of the aviation authorities in a spirit of close cooperation by mutual consult periodically to ensure that the provisions of the Treaty and its annexes, and properly applied. 2. Each Contracting Party shall have the right to verbally or in writing to ask advice, which must start forty five (45) days after the date of receipt of the request, unless this agreement provides otherwise. Article 16 amendments 1. If one Contracting Party wishes to amend any of the provisions of this agreement, it may request consultations with the other Contracting Party; These consultations, which are in the form of conversation or exchange of letters can make the aviation authorities must start sixty (60) days after receipt of the request, unless the Contracting Parties have not agreed otherwise. In this way the agreed amendments will enter into force after their approval in accordance with the national legislation of the Contracting Parties, then through an exchange of diplomatic notes. 2. Amendments to the annex to this agreement may be made by the competent aviation authorities of the Contracting Parties to the agreement, and they will enter into force after the Exchange with the relevant letters. Article 17 settlement of disputes 1. If the parties are in disagreement about the interpretation or application of this agreement, the Contracting Parties shall first endeavour to settle it by negotiation. 2. If the contracting parties cannot be adjusted in the dispute through negotiation, they can agree to a settlement of the dispute, putting the person or organisation or at the request of one of the Contracting Parties, the three-judge Tribunal to which each Contracting Party shall designate one judge and the third judge means these two judges. Each party to the arbitration judge to be his means sixty (60) days of the date on which the other Contracting Party has received the diplomatic path of action for resolution of the dispute to arbitration and the third judge to mean the next sixty (60) days. If one of the Contracting Parties within the time does not mean your judge or if a third judge has been appointed, each Contracting Party may ask the international civil aviation organization Council President to appoint the necessary arbitration judge or judges. In any case, the third judge of the Tribunal must be a citizen of a third country, it shall take the duties of the President of the Tribunal and where the Tribunal will take place. If the President believes that he is a citizen of a country which is not considered to be neutral in relation to the dispute, Senior Vice President, that these reasons may not refuse, making the required designation. 3. each party will bear its own costs and the costs of judges then reward, the third judge's remuneration and expenses, as well as arbitration costs will be borne by the Contracting Parties in equal shares. 4. the Contracting Parties undertake to execute in accordance with paragraph 2 of this article, decisions taken. 5. If and so long as either Contracting Party has not complied with any under point 2 of this article, the decision taken by the other Contracting Party has the right to restrict, suspend or withdraw the rights and benefits that are based on this contract, have been given the decision the defaulting Contracting Party or its designated airline or airlines. Article 18 termination 1. each Contracting Party may at any time give written notice to the other Contracting Party of its decision to terminate this agreement. Such notification must be sent simultaneously to the international civil aviation organization. In this case the contract will be considered continuous for twelve (12) months after the other Contracting Party has received the following statement, if there is no agreement on the withdrawal of this notice until the end of this period. 2. If the other party does not confirm receipt of the notification, the notification is considered received fourteen (14) days after the date on which it received the international civil aviation organization. Article 19 compliance with multilateral conventions 1. If the entry into force of the two Contracting Parties ratified multilateral Convention relating to regulated in this agreement, will be in force, the provisions of this Convention. 2. in accordance with article 15 of this agreement can be consulted to determine the extent of the multilateral Convention affect this agreement. Article 20 registration this agreement and any amendments thereto must be recorded in the international civil aviation organisation. Article 21 the term of the contract, entry into force 1. this agreement is concluded for an indefinite period. 2. this Treaty shall enter into force from the date on which the Contracting Parties, by an exchange of diplomatic notes, announce that you have met all the necessary legislation of each Contracting Party's requirements for the entry into force of the Treaty. Signed in Riga, 20 January 1995 in two originals in the English language. In witness whereof, the Government to duly authorised representatives have signed this agreement.

The Republic of Latvia, the Republic of Estonia for the Government of for the Government of the annex list of Route 1 Route, which flies both ways will perform the designated airlines of Latvia (airline): starting point points points behind Estonia in Estonia in Latvia Tallinn Point and/or other point in Estonia after the check Any point of Latvia in third countries after Latvia check Any point or points within the route after the designated airline of choice may be omitted on any or all flights provided that flight starting or endpoint is located in Latvia. 2. routes which carry out flights in both directions in the designated airline of Estonia (airline): starting point point point behind Latvia Latvia in Riga Estonia point and/or other point after Estonia Latvia check Any point in third countries after Estonia check Any point or points within the route after the designated airline of choice may be omitted on any or all flights provided that flights start or endpoint is located in Estonia. 3. taking into account that future standards can be reviewed, both Contracting Parties aviation authorities agree to establish the rules of trial capacity for traffic, which established routes performing designated airlines, 40/60 percent of all capacity, allowing its fluctuations in volume of 10 percent. 4. Fifth freedom of the air traffic at any point o can be granted only after the two parties, the aviation authorities agreed.