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Microsoft Word - 2012-018.doc
ION 2012-018 authorizing the ratification of the Air Agreement between the Republic of Madagascar and the Republic of Turkey signed May 31, 2012
The industry of international civil aviation in Madagascar has among its functions
serve first and foremost to tourism and export policies - generating
currencies and also to integrate in Madagascar regional and global trade
(business travel and freight transport).
Madagascar must therefore have a broad portfolio in air rights to
to provide airlines, a wide selection of markets before
meet their own needs and those of the country. The detention of a rich portfolio
air rights also values the country because:
- It is a vote of confidence from foreign countries to the country; - It offers development opportunities for air carriers.
In this context, a Air Services Agreement was signed May 31, 2012
between Madagascar and Turkey which is a geo-strategic asset for
development of international tourism in Madagascar and trade
by its position, straddling Europe and Asia and at the crossroads of Asia and the Middle East
One of the original provisions in the agreement is the ability for
airlines designated by each Party to conclude agreements of cooperation including trade
seat blocks agreements and code-sharing or
rentals, not only among themselves but with companies from third countries.
The use of traffic rights is open to each Party to one or more airlines
companies are free to set rates, the
capacity and frequencies of their flights based on an overall package
previously determined by the aeronautical authorities of both Parties.
In addition, the Agreement provides, inter alia:
- The designation criteria of air carrier based on national regulations;
- The establishment of a high level of safety and security; - Self help and aircraft lease contract opportunities; - Provisions to avoid double taxation of income; - The application of rates to the effective date of the transfer of surplus revenue
- The fair and equal opportunity to operate the agreed air services; - Opportunities for cooperation between air carriers of both Parties
or with third country carriers;
- Operation of 5th freedom rights subject to the agreement of the aeronautical authorities;
- Attachment to a destination point Istanbul for air carriers and Madagascar Antananarivo to those of Turkey.
However, the Agreement provides for safeguard clauses:
- No cabotage in the territory of the other Contracting Party; and - involvement of Parties to protect consumers or airlines
against unreasonably discriminatory practices and price and for abuse of dominant position.
After ratification, the agreement enters into force.
This is the object of this Act.
ION 2012-018 authorizing the ratification of the Air Agreement between the Republic of Madagascar and the Republic of Turkey signed May 31, 2012
The Congress of the Transition and the High Council of the Transition adopted in
their meetings dated 25 October 2012 and 15 November 2012, the
law which reads as follows:
Article: - Is authorized the ratification of the Air Agreement between the Republic of Madagascar and the Republic of Turkey signed on 31 May 2012.
Article 2: This law shall be published in the Official Journal of the Republic. It will be enforced as a law of the state.
Antananarivo, November 15, 2012
THE CHAIRMAN OF THE BOARD OF TRANSITION, THE PRESIDENT OF THE CONGRESS OF TRANSITION, pi
Rasolosoa Dolin RAZAFIANDRIAMBELO Njato Harinony
Agreement for Air Services between the Government of the Republic of Madagascar and the Government of the Republic of Turkey (new version of translation)
The Government of the Republic of Madagascar and the Government of the Republic of Turkey hereinafter called "the Contracting Parties". Being Parties to the Convention on International Civil Aviation and Transit Agreement on international air services, both opened for signature at Chicago on 7 December 1944, Desiring to promote the development of opportunities in international air services, Recognising that efficient and competitive international air services enhance economic growth, trade, tourism, investment and consumer welfare, Desiring to ensure the highest degree of safety and security in air services International and reaffirming their grave concern about acts or threats against the security of aircraft, which jeopardize the safety of persons or property, adversely affect the operation of air services and affect public confidence in the safety of civil aviation and desiring to conclude an agreement to establish and operate air services between and beyond their respective territories. Have agreed as follows: Article 1 Definitions
1. For the purposes of this Agreement unless the context otherwise requires:
a) "Aeronautical authorities" means, in the case of the Republic of Turkey, Ministry
Transport and Communications and in the case of the Republic Madagascar, the Ministry of civil Aviation or, in both cases, any person or body authorized to perform the functions currently assigned to the said authorities;
B) "Agreement" means this Agreement, its Annexes and any amendments thereto; c) "agreed services" means the international air services which can be exploited
accordance with the provisions of this Agreement on the specified routes; d) "Annex" means the Annex to this Agreement or any amendments thereto
accordance with Article 21 (Consultations and Amendment) of this Agreement. The Annex forms an integral part of this Agreement and any reference to the Agreement shall include the Annex unless explicitly agreed otherwise;
E) "air services", "international air service", "airline" and "stop non-commercial
" have the meaning specified in Article 96 of the Convention; f) "capacity" means:
- regarding an aircraft, the payload of the aircraft available on the route or section of a route
- in relation to a specified air service, the capacity of the aircraft used on such service multiplied by the frequency operated by such aircraft over a given period on a route or section of a route;
G) "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 of Appendices of the | ||
Convention under Articles 90 and 94 insofar as those Annexes and amendments have become effective or have been ratified by both Contracting Parties;
H) "Carrier (s) Air (s) designated (s)" means any and all air carriers that have been designated and authorized in accordance with Article 3 (Designation and Authorization) of this Agreement;
I) "Ground handling" means and includes, without limitation, assistance to passengers, cargo and baggage, and services and / or restoration of supplies!;
J) "ICAO" means the Organization of International Civil Aviation; k) "International air transport" means air transport that passes through the airspace
over the territory of more than one State;
L) "commercial air carrier" means an air carrier that provides air transport aircraft operated by another airline through code-sharing;
M) "Schedule" means the route schedule to operate the air services annexed to this Agreement and any amendments thereto agreed in accordance with Article 21 of this Agreement;
N) "specified routes" means the routes established or to be established in the Annex to this
Agreement; o) "spare parts" refers to repair or replacement articles for
To be incorporated into an aircraft, including engines; p) "Price" means any fare, rate or charge, the price to pay for the carriage of passengers, baggage and
/ or cargo except the mail in air transport including any other mode of transport relating thereto, charged by airlines, including their agents, and the conditions governing the availability of such fare, rate or charge;
Q) the term "territory" has the meaning specified in Article 2 of the Convention; r) "Traffic" means passengers, baggage, cargo and mail; s) "normal equipment" means articles other than provisions and spare parts
removable kind for use on board an aircraft during flight, including first aid and survival equipment;
T) "User charge" means the fees or rates charged for the use of airports,
navigation facilities and other related services provided by a Contracting Party to the other Party. Article 2
Granting Rights 1. Each Contracting Party grants to the other Contracting Party the following rights to operate scheduled international air services on the routes specified in Annex I to this Agreement by the designated airlines of the other Contracting Party: a
. fly over the territory of the other Contracting Party without landing,
b. make stops in the said territory for non-commercial purposes
c. make stops in the territory at the points specified for that route in
Annex I to this Agreement to embark and disembark separately or together, the international traffic
d. the rights otherwise specified in this Agreement.
2. Nothing in paragraph (1) of this Article shall be construed as conferring the airlines of one Contracting Party the privilege of taking on the territory of the other Contracting Party, traffic carried for remuneration or hire and destined for another point in the territory of the other Contracting Party.
Article 3 Designation and Authorization 1
. Each Contracting Party shall have the right to designate one or more airlines for the purpose of operating the agreed services on the specified routes in accordance with its own national rules. Such a designation is made by written notification through diplomatic channels on the basis of reciprocity.
2. On receipt of such designation the aeronautical authorities of the other Contracting Party
shall, subject to paragraph (3) of this Article, without delay grant to the (x) carrier (s) Air (s) licenses appropriate exploitation. 3
. Each Contracting Party shall have the right to refuse to grant the operating authorizations referred
subsection (2) of this Article or to impose such conditions as it deems necessary for the exercise by the designated airline of the rights specified in Article 2 (Grant of rights) of this Agreement, in any case where the Contracting Party is not convinced that the Government has designated the air carrier shall adopt and implement the standards set out in Article 8 (Safety air) and Article 9 (Aviation Security) of this Agreement.
4. When an airline has been so designated and authorized it may begin at any time
operate the agreed services, provided that the airline complies with the provisions of this Agreement.
Article 4 Revocation or Suspension of Operating Authorization 1
. Each Contracting Party has the right to revoke an operating authorization or to suspend the exercise of the rights referred to in Article 2 (Grant of Rights) of this Agreement to (a) the carrier (s) Air (s) designated ( s) by the other Contracting Party or to impose such conditions as it deems necessary for the exercise of those rights:
a. in case of failure of the airline to comply with the laws and regulations of the
Contracting Party granting the rights; or b
. if that air carrier fails to operate the air services in the present conditions in this Agreement; or c
. if the other Party does and does not apply the standards set out in Article 8 (Aviation Safety) and Article 9 (Aviation Security).
2. Unless revocation, suspension or imposition of the conditions mentioned in paragraph (1) of this Article are essential to prevent further infringements of laws or regulations, such right shall be exercised only after consultation with the aeronautical authorities of the State of the other Contracting Party. In such cases, consultations must begin within sixty (60) days from the date of request made by either Contracting Party.
Article 5 Application of Laws and Regulations National
1. The National laws and regulations of one Contracting Party governing the entry, stay or departure from its territory of aircraft engaged in international air services or to the operation and navigation of such aircraft or flights of such aircraft over that territory shall apply to aircraft of the airline designated by the other Contracting Party.
2. The laws and regulations of one Contracting Party governing the entry, stay or exit from its territory
passengers, crew, baggage or cargo, including mail, such as formalities regarding the entry, exit, authorization, emigration and immigration, security
Aviation, passports, customs, currency, postal services, health and quarantine are respected by or on behalf of passengers, crew, baggage, cargo and mail carried by the aircraft of the designated airlines of the other Contracting Party while within the said territory. 3
. Neither Contracting Party shall give preference to any other airline
rather than the airlines of the other Contracting Party in the application of its regulations on customs, immigration and other similar regulations or for the use of airports, airways and air traffic services and associated facilities under its control.
4. Each Contracting Party shall, at the request of the other Contracting Party copies of
relevant laws, regulations and procedures referred to in this Agreement. Article 6 Direct Transit
Subject to each Contracting Party of the laws and regulations, passengers, baggage, cargo or mail in direct transit on the territory of a Contracting Party and not leaving the area of the airport reserved for such purpose shall be subject to a very simplified control except in respect of security measures against violence, piracy and smuggling of narcotic and psychotropic substances. These baggage, freight and mail are exempt from customs duties, excise duties and similar fees and charges not based on the cost of services provided on arrival.
Article 7 Mutual Recognition of Certificates and Licences 1
. Certificates of airworthiness, certificates of competency and licenses issued or validated by one Contracting Party and still in force shall be recognized as valid by the other Contracting Party for the purpose of operating the agreed services on the specified routes provided that the conditions under which such certificates or licenses were issued or validated are equal to or above the minimum standards which are or may be established pursuant to the Convention.
Each Party, however, reserves the right to refuse to recognize for the purpose of flights over its own territory, certificates of competency and licenses granted to its own nationals or rendered valid for them by the other Contracting Party or of any other State.
2. If the privileges or conditions of the licenses or certificates referred to in paragraph (1) above
above, issued by aeronautical authorities of a Contracting Party to any person or airline or in respect of an aircraft used in the operating the agreed services should allow an exemption to the minimum standards established pursuant to the Convention, and that difference has been filed with the Organization of International Civil Aviation Organization (ICAO), the other Contracting Party may request consultations between the aeronautical authorities to clarify the practice in question. Failure to reach a satisfactory agreement shall constitute grounds for the application of Article 4 (Revocation or suspension of operating authorization) of this Agreement.
Article 8 Aviation Safety
1. Each Contracting Party may at any time request consultations concerning safety standards for aeronautical facilities, aircrew, aircraft or their operation adopted by the other Contracting Party. These consultations take place within thirty (30) days of that request.
2. If, following such consultations, one Contracting Party finds that the other Contracting Party
does not take or do not actually apply in this area, in the matters described in paragraph 1 of this Article, standards security that are at least equal to the minimum standards established pursuant to the Convention, the first Contracting Party shall notify the other Contracting Party of those findings and the steps considered necessary to conform with these minimum standards of ICAO, and that other Contracting party shall take appropriate corrective standards within an agreed period. the
Failure to take appropriate action within the agreed period shall constitute grounds for the application of Article 4 (Revocation of suspension of the operating authorization) of this Agreement. 3
. According to Article 16 of the Convention, it is agreed that any aircraft operated by or on behalf
air carrier of one Contracting Party on services to or from the State territory of the other Contracting party may, while within the state territory of the other Contracting party, be subject to an inspection (referred to in this Article "inspection on the tarmac") provided that it does not cause an unreasonable delay. It would be an inspection by the authorized representatives of the other Contracting Party on board and around the aircraft. Notwithstanding the obligations mentioned in Article 33 of the Convention, the objective of this inspection is to verify the validity of the aircraft documents and those of its crew and the apparent condition of the aircraft and its equipment in accordance with established standards on the basis of the Convention.
4. If an inspection or series of inspection on the ramp leads to:
a) serious concerns that an aircraft or the operation of an aircraft does not meet the minimum standards
into force in accordance with the Convention, or
b) serious concerns that there are deficiencies in the maintenance and effective implementation of security standards at that time pursuant to the Convention, the Contracting Party carrying out the inspection shall, for the purposes of Article 33 of the Convention, free to conclude that the requirements under which the certificate or licenses relating to the aircraft or the crew of that aircraft had been issued or rendered valid, or that the conditions with this aircraft is operated, are not equal or exceed the minimum standards established under the Convention.
5. In the case where access to aircraft operated by the designated airline of a Party
Contracting for the purposes of conducting an inspection on the tarmac in accordance with paragraph (3) above is denied by the representative of the air carrier, the other Contracting Party shall be free to infer that serious reasons as referred to in paragraph (4) below exist and draw the conclusions referred in that paragraph.
6. Each Party reserves the right to suspend or vary the operating authorization of
airline of the other Contracting Party in the event the first Contracting Party concludes, following an inspection on the apron or a series of inspection, consultation or otherwise, that immediate action is essential to the safety of aircraft operations.
7. Any action taken by a Contracting Party under paragraphs (2) or (6)
forth above, is suspended as soon as the reasons which gave rise to no longer exist.
Article 9 Aviation Security
1. In accordance with their rights and obligations under international law, the Parties
Contracting reaffirm that their mutual obligation to protect the security of civil aviation against acts of unlawful interference is an integral part of the first agreement. Without limiting the generality of their rights and obligations under international law, the Contracting Parties shall in particular act in accordance with the provisions of the Convention on Offenses and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September 1963 of the Convention for the Suppression of unlawful seizure of aircraft, signed at the Hague on 16 December 1970 to the Convention for the Suppression of unlawful acts against the safety of international civil Aviation, signed at Montreal February 24, 1988 or any other convention on aviation security to which the Contracting Parties are parties.
2. The Contracting Parties shall provide upon request all necessary assistance to
prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety desditsaéronefs, their passengers and crew, airports and air navigation facilities and any other threat to aviation security.
. The Contracting Parties shall, in their mutual relations, in accordance with all safety aviation standards and appropriate recommended practices established by ICAO and designated as Annexes to the Convention on International Civil Aviation to the extent that these provisions are applicable to other Contracting Parties. They require that operators of aircraft of their registry or operators of aircraft who have their principal place of business or permanent residence in their territory and airport operators act in accordance with these security provisions applicable the Contracting Parties. Accordingly, each Contracting Party shall inform the other Contracting Party of any difference between its national regulations and practices and the aviation security standards of the Annexes referred to above. One or the other Contracting Party may request at any time, immediate consultations with the other Contracting Party to discuss these differences to be held pursuant to paragraph 2 of Article 21 of this Agreement.
4. Each Contracting Party agrees that such operators of aircraft may be required to comply
aviation security provisions referred to in paragraph (3) above required by the other Contracting Party for the entry, exit or stay on the territory of the other Contracting Party. Each Contracting Party shall ensure that appropriate measures are taken within its territory to protect aircraft and to inspect passengers, crew, carry-on baggage, baggage, cargo and aircraft stores prior to and during boarding or loading. Each Contracting Party shall also give sympathetic consideration to any request from the other Contracting Party in order to impose special but reasonable measures of security to deal with a particular threat.
5. In case of accident or threat of unlawful seizure incident of civil aircraft or other unlawful acts between the safety of such aircraft, their passengers and crew, airports or air navigation facilities, Parties Contracting shall assist each other by facilitating communications and taking other appropriate measures intended to terminate promptly and safely such incident or threat with minimum risk to life.
6. Each Contracting Party shall take such measures as it deems practicable, to ensure that
aircraft subject to an act of unlawful seizure or other acts of unlawful interference that landed on the territory of the State concerned or detained on the ground unless the primary obligation to protect human life requires to let him go. These measures are taken whenever possible, on the basis of mutual consultations.
Article 10 Royalties
1. Airport services and facilities, security and others that are supplied in the territory of a Contracting Party shall be available for use by the airlines of the other Party under conditions no less favorable than the most favorable terms available to any airline engaged in similar international air services at the time of the establishment of arrangements for use.
2. The assessment and collection of fees and charges imposed in the territory of a Contracting Party
an air carrier of the other Contracting Party for the use of airport services and facilities, aviation and other safety must be fair and equitable. Such fees and charges shall be imposed on an air carrier of the other Contracting Party under conditions no less favorable than the most favorable terms available to any airline engaged in similar international air services at the time of the imposition of fees and Royalties. 3
. Each Contracting Party shall encourage discussions between its competent authorities and
air carriers using the services and facilities, or if possible through representative organizations of air carriers. Users must be informed as much as possible with a notice of proposals for changes in user charges to enable them to express their views before changes are made.
Article 11 Taxes, duties and other charges
1. The aircraft used for international air services by the airline designated
of either Contracting Party and their regular equipment, spare parts (including engines), supplies of fuels and lubricants (including hydraulic fluids) and aircraft stores (including food, beverages and liquor, tobacco and other products destined for sale or consumption during the flight) will be exempt from all rights customs, inspection fees and other duties and charges on arriving in the territory of the other Contracting Party, provided such equipment and supplies remain on board the aircraft until they are re-exported or used on board aircraft on the route of the Party to make over this territory. "
2. Also exempt from the same duties and taxes with the exception of charges corresponding to services rendered:
a) onboard aircraft stores on the territory of a Contracting Party within the limits fixed by the authorities
of that Contracting Party, and intended for consumption on board aircraft used in international of the Contracting Party service
b) spare parts (including engines) and airborne equipment introduced into the territory of a Contracting Party for maintenance or repair of aircraft used on international services by the designated airline or airlines of the other Contracting Party,
c) fuel, lubricants (including hydraulic fluids) intended for aircraft refueling operated on international services by the designated airline of the other Contracting party, even when these supplies are to be used on part of the journey to be made on the territory of the Contracting party in which they are taken on board,
d) printed ticket stock, air waybills, any printed insignesdu bringing the airline and current free advertising materials distributed by the designated airline for use in operating international services to they are re-exported. 3
. The articles referred to in paragraph (2) above shall be subject to the supervision or control of the customs authorities.
4. The regular airborne equipment, spare parts (including engines), aircraft stores and supplies of fuels and lubricants (including hydraulic fluids) and equipment and provisionsgardées on board aircraft of a Party Contractantene may be unloaded in the territory of the other Party Contractantequ'avec approval of the customs authorities of that territory. In this case, they must be placed under the supervision of the said authorities until they are re-exported or otherwise disposed in accordance with the customs regulations of that Contracting Party.
5. Charges corresponding to the services related to warehousing and customs clearance
will be charged in accordance with national laws and regulations of the State of the Contracting Parties. Article 12 Imposition
Place 1. Profits derived by a designated airline of either Contracting Party from the operation of international traffic shall be taxable only in the State where the seat of the airline in question.
2. In case there is a special agreement between the Contracting Parties to avoid taxation ladouble, this agreement shall prevail.
Article 13 Capacity
1. Or the designated airlines of each Contracting Party
benefit from fair and equal opportunity for the operation of air services between the territories of both Contracting Parties.
2. In the operation or by the designated airlines of either Contracting Party, specified air services, the interests of the airline of the other Contracting Party shall be taken into consideration so as not to affect unduly the services the latter provides on all or part of the route. 3
. The agreed services provided by the designated airlines of the Contracting Parties shall bear close relationship with the public's needs for transport on the specified routes and shall have as its main objective to provide, at a reasonable load factor, of capacity adequate to meet the needs present and reasonably foreseeable passengers and cargo, including mail between the territories of the Contracting Parties.
4. In operating the agreed services, the total capacity to be provided by
designated airlines of each Contracting Party is initially mutually determined by the aeronautical authorities of the Contracting Parties before the services are inaugurated. This ability initially determined may be reviewed and revised from time to time by the said authorities.
Article 14 Pricing 1. Each Party Contractantepermet that rates for international air services
operated to / from / through its territory are established by the airlines at reasonable levels, due regard to all relevant factors, including costs operation, reasonable profit and the tariffs of other airlines. Intervention by the Contracting Parties shall be limited to:
a) prevent prices or unreasonably discriminatory practices; b) protect consumers against unreasonably high or restrictive prices
due to abuse of dominance, and
c) protégerles airlines against artificially low prices because of government subsidies to direct or indirect way.
2. Each Contracting Party may require notification of tariffs by the designated airlines of the other Party for transportation to or from its territory. This notification may be required within thirty (30) days before the date of entry into force. In special cases, this period may be reduced. 3
. Neither Contracting Party shall permit its or airlines, in setting tariffs, is consistent witha or air autrestransporteurs either separately from abusing its market power to or likely or intended to seriously weaken a competitor, an air carrier désignésur place of the other Contracting Party, or exclude such competitor from the road.
4. The Contracting Parties agree that the following practices of air carriers regarding the setting of rates, can be considéréescomme unfair competitive practices that deserve further consideration:
a) the imposition of tariffs and rates on roads levels that are, on the whole, insufficient to cover
service delivery costs to which they relate;
B) the practices in question are permanent rather than temporary; c) the practices in question have a serious economic effect, or create significant damage
(x) carrier (s) Air (s) designated (s) of the other Contracting Party;
D) behavior indicating an abuse of dominant position on the road.
5. In the case where one or the other aeronautical authority is not satisfaiteavec a proposed tariff or
In force for an air carrier of the other Contracting Party, the aeronautical authorities shall endeavor to resolve the matter through consultations at the request of either authority. In any event, the aeronautical authorities of a Contracting Party shall not take unilateral measures to prevent the entry into force or maintaining a tariff of an airline of the other Contracting Party.
6. Notwithstanding the foregoing, the designated airlines of one Contracting Party shall provide upon request to the aeronautical authorities of the other Contracting Party information relating to the establishment of tariffs, in form and presentation as specified by these authorities .
7. Neither Contracting Party shall impose on designated airlines of the other Contracting Party
an obligation of first refusal, traffic sharing ratio, or royalty of no objection or other obligation on capacity, frequency or traffic incompatible with the objectives of this Agreement.
Article 15 Currency Converter and Transfer Revenues
1. Each airline désignéa the right to convert and remit to its country on demand, at the official exchange rate, the surplus of income over expenditure in relation to the carriage of traffic. In the absence of appropriate provisions of a payments agreement between the Contracting Parties, the transfer mentionnéci above must be made in convertible currencies and in accordance with applicable national currency laws and regulations.
2. The conversion and transfer of these revenues shall be permitted without restriction at the rate of exchange applicable to current transactions which is in effect on the effective date of transfer and in accordance with the exchange control procedures of the Contracting Party in whose territory income from. Said transfer shall be subject to any charges except those normally made by banks for carrying out such conversion and transfer. 3
. Or the designated airlines of each Contracting Party shall have the right, at their discretion
to pay local expenses, including purchases of fuel on the territory of the other Contracting Party in local currency, or provided this complies with local currency regulations, in freely convertible currencies.
Article 16 Commercial Opportunities
1. Each designated airline has the right to sell and issue its own transportation documents in the territory of the other Party Contractanteà through its sales offices and at its discretion, through its agents. These air carriers have the right to sell such transportation, and any person is free to purchase such transportation in any convertible currency and / or in local currency.
2. Accordance with the laws and regulations of the other Contracting Party relating to the entry, residence and employment, or the designated airlines of one Contracting Party shall have the right to bring in and maintain in the territory of the other Contracting Party their own management staff, their sales staff, sales, operations, technical personnel and other specialist staff required for the operation of the agreed services. 3
. These staff requirements may, at the choice of the designated airlines of
Contracting Party, be satisfied by its own personnel or by using the services and personnel of any other organization, company or airline operating in the territory of the other Contracting Party and has been authorized to perform such services for other airlines.
4. Representatives and employees are subject to applicable laws and regulations of the other Contracting Party. In accordance with these laws and regulations, each Contracting Party shall, on the basis of reciprocity and with the minimum of delay, work permits, entry visas or other similar documents to the representatives and staff referred to in subsection ( 2) of this Article.
Ground handling or the designated airlines of one Contracting Party are allowed in accordance with national laws and regulations of the Contracting Parties, on the basis of reciprocity, to perform its own specified support services in the escalesur territory of the other Contracting party or, at their option, to have the ground handling services provided in whole or in part by an authorized officer, if required by national laws and regulations, by the competent authorities of the other Party Contractanteà provide these services. Article 18
Aircraft Rental Contractantepermet Each Party to the designated airline of the other Contracting Party aircraft affréterun internationauxet accordance with the regulations if the standards prescribed in Article 8 (Aviation Safety) and Article 9 (Aviation security) are applied and implemented.
Article 19 Statistics The aeronautical authorities of each Contracting Party shall provide the aeronautical authorities of the other Contracting Party, at their request, periodic donnéesstatistiques or other information as may be reasonably required in order to verify the ability provided on the agreed services by the designated airlines of the first Contracting Party. These data contain all information necessary to determine the volume of traffic carried by that airline on the agreed services and the origins and destinations of such traffic
Article 20 Submission of Flight Programs
1. Or the designated airlines of each Contracting Party shall submit its flight schedules envisaged for the approval of the aeronautical authorities of the other Contracting Party on each schedule period (summer and winter), at least thirty (30) days prior operating the agreed services.
2. For supplementary flights which the designated airline of one Contracting Party wishes to operate on agréésen services outside the flight programs approved, that airline must request prior authorization from the aeronautical authorities of the other Contracting Party. These applications must be submitted in accordance with national laws and regulations of the Contracting Parties. The same procedure shall apply to any modification thereof.
Article 21 Consultations and Amendment
1. In a spirit of close cooperation, the aeronautical authorities of the Contracting Parties shall consult from time to time for the implementation, interpretation, application or amendment of this Agreement and its Annexes.
2. If a Contracting Party requests consultations to amend this Agreement or its annexes, these consultations should begin as soon as possible but no later than sixty (60) days from the date the other Contracting Party receives the request written, unless the Contracting Parties agree otherwise. Such consultations may be conducted through discussion or by correspondence. Each Contracting Party shall prepare and present during such consultations the relevant evidence in support of his position to facilitate the making of rational and economic decisions.
. If one of the Contracting Parties desire to modify any provision of this Agreement, such amendment will come into force when the Contracting Parties have mutually notifiéesde fulfilling their constitutional procedures.
4. Any EditingYour Annex I may be made by direct agreement between the aeronautical authorities of the Contracting Parties. It will be provisionally applied from the date it has been agreed and will enter into force when confirmed by an exchange of diplomatic notes. Article 22
Dispute Resolution 1. In case of dispute between the Contracting Parties concerning the interpretation or application of this Agreement, the Contracting Parties shall try first to resolve their dispute by negotiation between the aeronautical authorities of the States of both Contracting Parties.
2. If the aeronautical authorities fail to reach a settlement by negotiation, the dispute shall be settled through diplomatic channels.
. If the Contracting Parties fail to reach an agreement under subsections (1) and (2) above, each Contracting Party may, in accordance with its laws and regulations refer the dispute to an arbitral tribunal of three arbitrators, one to be named by each Contracting Party and the third arbitrator who shall be the President, will be agreed by the two arbitrators so chosen, provided that the arbitrator is pasun national of the State of either Contracting Party and must be a national of a state having diplomatic relations with each of the Contracting Parties at the time of his appointment.
Each Contracting Party shall appoint its arbitrator within sixty (60) days from the date of receipt, by registered mail, a request for arbitration. The third arbitrator shall be appointed within sixty (60) days of the appointment of the arbitrator by each Contracting Party.
If a Party Contractanteomet désignerson of arbitrator within the time limit or if the arbitrators fail to agree on the third arbitrator within this delay, either Contracting Party may request the President of the ICAO Council to appoint the arbitrator or the defaulting Party representative will, as appropriate.
4. The vice-president or a prominent member of the ICAO Council, not being a national of one of the Contracting Parties replace, if necessary, the President of ICAO in its arbitration functions, as mentioned subsection (3) of this Article, in case of absence or incapacity of the latter.
5. The arbitral tribunal shall determine its procedure and the place of arbitration subject to the provisions agreed between the Contracting Parties.
6. The arbitral tribunal is final and binding on the Contracting Parties to the dispute.
7. If a Contracting Party or the designated airline of either Contracting Party does not comply with the decision made under subsection (2) of this Article, the other Contracting Party may limit, suspend or revoke the rights or privileges that have been granted under this Agreement to the Contracting Party in default.
8. Each Contracting Party shall bear the cost of its own arbitrator.
The expenses of the third arbitrator, including its costs and all expenses incurred by ICAO in the framework of the appointment of the arbitrator and / or the referee of the party in default under subsection (3 ) of this Article shall be shared equally by the Contracting Parties.
9. Pendantl'arbitrage and thereafter until the arbitral tribunal issues an award, the Contracting Parties, except in case of termination, continue to fulfill all their obligations under this Agreement without prejudice to regulation final in accordance with the award.
Article 23 Registration This Agreement, its annexes and all amendments thereto shall be registered with ICAO.
Article 24 Multilateral Agreements If the conclusion of a convention or a multilateral agreement on air transport to which both Contracting Parties adhere, this Agreement must be amended to comply with the provisions of this Agreement or This agreement.
Article 25 Titles Titles are inserted in this Agreement at the head of each article for reference and convenience and in no way will define the limit, or describe the scope or intent of this Agreement.
Article 26 Validity and Termination This Agreement is concluded for an unlimited period. Each Contracting Party may at any time give notice through diplomatic channels to the other Contracting Party of its decision to terminate this Agreement; this notification shall be sent simultaneously to ICAO. In this case, the Agreement shall terminate twelve (12) months after the date of receipt of the notice by the other Contracting Party, unless the notice is withdrawn by mutual agreement before the expiry of that period. In the absence of acknowledgment of receipt by the other Contracting Party, notice shall be deemed to have been received fourteen (14) business days following the date on which ICAO has received the notification.
Article 27 Entry into Force
This Agreement shall enter into force when the Contracting Parties have mutually notifiéesde the fulfillment of their constitutional formalities concerning the conclusion and entry into force of international agreements. In witness whereof, the undersigned plenipotentiaries, duly authorized by their respective Governments, have signed this Agreement including twenty-seven (27) Articles and two (2) Annexes and affixed their seals. Done in Izmir May 31 two thousand and twelve, in duplicate, in French, Turkish and English languages, all texts being equally authentic. In case of implementation of divergence of interpretation or application, the English text shall prevail. FOR THE GOVERNMENT FOR THE GOVERNMENT OF THE REPUBLIC OF MADAGASCAR THE REPUBLIC OF TURKEY
Benjamina Ramarcel RAMANANTSOA Binali YILDIRIM Minister of Transport Minister of Transport, Maritime Affairs and Communications
Appendix I Table 1
roads. The airlines designated by the Republic of Turkey have the right to operate air services
in both directions as follows:
Points of departure Intermediate points Points of destination Points beyond Points in Turkey
| || All items (*)
All items (*)
2. The airlines designated by the Republic of Madagascar have the right to operate air services in both directions as follows:
Points of departure Intermediate points Points of destination Points beyond Points àMadagascar
All items (*)
All items (*) Notes: (*) the intermediate points and points beyond the above routes, and 5th freedom traffic rights may be exercised these points by the designated airlines shall be determined jointly between the aeronautical authorities of both Contracting Parties. (*) The intermediate points and beyond may be omitted by the air carrier designated part or all of the flights, at their discretion, provided that such services on this route must start and finish on the territory of the Party Contracting designating the airline.
The Cooperative Arrangement or the designated airlines of each Contracting Party may enter into commercial arrangements such as blocked space, code sharing or other commercial arrangements with: a
) one or flight destransporteurs the same Contracting Party; b) one or more carriers aériensde the other Contracting Party; c) one or more air carriers of a third country
provided that all air carriers making parts of the above arrangements hold the route rights and duties of appropriate traffic, and, for each ticket sold, the the buyer is informed at the time of sale which airline will operate each sector of the service. For code-sharing arrangements with third parties, all airlines in such arrangements are subject to approval by the aeronautical authorities of both Contracting Parties. If this third party authorizes or does not allow comparable arrangements between the airlines of the other Contracting Party and other airlines on services to, from and via such third country, the aeronautical authorities of the Party Contracting Party concerned have the right not to accept such arrangements both Contracting Parties agree that the agreement codeshare services are not counted as a frequency of the commercial air carrier. Cooperation agreements must be filed with the aeronautical authorities before their implementation. All segments or road sections, each designated airline may provide international air transport without any limitation as to change at any point on the route, in type or number of aircraft used, provided that in the outbound direction the transportation beyond such point is a continuation of the transportation from the territory of the Party designating the airline and in the return direction, the transportation to the territory of the Party designating the airline is in continuation transporting beyond this point.
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