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Law No. 37 Of 14 February 1998 On Ratification Of The Agreement Between The Government Of Romania And The Government Of The State Of Bahrain Concerning Air Services, Signed At Bucharest On 19 June 1997

Original Language Title:  LEGE nr. 37 din 14 februarie 1998 pentru ratificarea Acordului dintre Guvernul României şi Guvernul Statului Bahrain privind serviciile aeriene, semnat la Bucureşti la 19 iunie 1997

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LEGE no. 37 37 of 14 February 1998 for the ratification of the Agreement between the Government of Romania and the Government of Bahrain on air services signed in Bucharest on 19 June 1997
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 78 78 of 18 February 1998



The Romanian Parliament adopts this law + Article UNIC The Agreement between the Government of Romania and the Government of Bahrain on air services, signed in Bucharest on 19 June 1997, is ratified. This law was adopted by the Senate at its meeting of 17 December 1997, in compliance with the provisions of art. 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT CRISTIAN DUMITRESCU This law was adopted by the Chamber of Deputies at its meeting on February 3, 1998, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT VASILE LUPU + AGREEMENT between the Romanian Government and the Government of Bahrain on air services Government of Romania and the Government of Bahrain, hereinafter referred to as Contracting Parties being parties to the Convention on International Civil Aviation, opened for signature in Chicago on 7 December 1944, wishing to conclude an additional agreement at the said Convention, for the purpose of establishing and operating scheduled air services between and beyond the territories of Romania and Bahrain, respectively, have agreed the following: + Article 1 Definitions 1. For the purposes of applying this Agreement, unless otherwise, the expression shall: a) Convention means the Convention on International Civil Aviation, opened for signature in Chicago on 7 December 1944, and includes any Annex adopted on the basis of art. 90 90 of this Convention and any amendment to the Annexes or to the Convention, adopted on the basis of art. 90 90 and 94 thereof, in so far as these Annexes and amendments have been adopted by both Contracting Parties; b) aeronautical authorities means, in the case of Romania, the Civil Aviation Department-the Ministry of Transport, and in the case of Bahrain, the Directorate of Business for Civil Aviation-the Ministry of Transport or, in both cases, any other the person or body authorised to perform the functions currently exercised by the said authorities; c) designated airline means any airline that has been designated and authorized in accordance with art. 3 3 of this Agreement; d) the territory of the contracting party and citizens of the contracting party means the territory and citizens of Romania and the citizens and territory of the e) air service, international air service, airline and non-commercial stopover have the respective meanings assigned to them in art. 96 96 of the Convention; f) capacity, with regard to an aircraft, means the cargo of that aircraft, available on a route or on a route portion; g) capacity, as regards an agreed service, means the capacity of the aircraft used on this service, multiplied by the frequency of operation of that aircraft for a given period and on a route or route; h) traffic transport means passenger transport, freight and mail, combined or separately; i) tariff means the prices or payment amounts to be paid for the international carriage of passengers, luggage and freight, and the conditions under which those prices or amounts of payment shall be applied including the prices or amounts of payment and conditions for agency services and other ancillary services, but excluding remuneration and conditions for mail transport; j) specified routes means the routes specified in the Annex to this Agreement, on which regular international air services will be operated by the designated airlines of the Contracting Parties; k) agreed services shall mean the services established or to be established on the routes specified in the Annex to this Agreement; l) agreement means this agreement or as amended in accordance with the provisions of art. 19 19 of this Agreement; and m) the Annex means the Annex to this Agreement or as amended in accordance with the provisions of art. 19 19 of this Agreement. The Annex is an integral part of this Agreement and all references to the Agreement will include references to the Annex, unless otherwise expressly provided. 2. The title of each article of this Agreement shall have a reference and facilitation purpose and in no way shall it attempt to define, limit or describe the purpose or intent of this Agreement. + Article 2 Granting of traffic rights 1. Each Contracting Party shall grant to the other Contracting Party the rights specified in this Agreement, for the purpose of establishing and operating regular international air services on the routes specified in the Annex to this Agreement. 2. Subject to the provisions of this Agreement, the airline designated by each Contracting Party shall enjoy, while exploiting the services agreed on the specified routes, the following rights: a) to fly, without landing, the territory of the other Contracting Party; b) to make non-commercial stopovers in the territory of the other Contracting Party; and c) to board and disembark, in the territory of the other Contracting Party, at the points specified in the Annex to this Agreement, passengers, cargo and mail in international traffic, combined or separately. 3. No provision of paragraph 2 of this article shall be construed in the sense of conferring to the designated airline of a Contracting Party the right to board, in the territory of the other Contracting Party, passengers, cargo and mail transported, against payment or on the basis of a lease, to another point in the territory of that other Contracting Party (cabotage). + Article 3 Designation of airlines 1. Each Contracting Party shall have the right to designate to the other Contracting Party an airline, for the purpose of operating the services agreed on the specified routes. This designation will be the subject of a written notification between the aviation authorities of the Contracting Parties. 2. Upon receipt of this designation, the aeronautical authorities of the other Contracting Party shall grant, without delay, subject to the provisions of paragraphs 3 and 4 of this article, to the airline thus designated, the exploitation authorization proper. 3. The aviation authority of a Contracting Party may require the airline designated by the other Contracting Party to prove to it that it is able to meet the conditions laid down under the laws and regulations applied, normally and reasonably, by this authority, to the exploitation of international air services, in accordance with the provisions of the Convention. 4. Each Contracting Party shall have the right to refuse to grant the exploitation authorization referred to in paragraph 2 of this article or to impose those conditions that it considers necessary in the exercise, by the companies designated air, of the rights specified in art. 2 2 of this Agreement, if the said Contracting Party is not satisfied that the substantial property and effective control of that airline belong to the Contracting Party which has designated the airline or its citizens. 5. The airline, designated and authorized in accordance with the provisions of paragraphs 1 and 2 of this article, can always begin to exploit the agreed services, provided that: the capacity to be regulated on the basis of art. 5 of this Agreement, the schedule shall be approved in accordance with the provisions of art. 7 of this Agreement, and the tariffs, established in accordance with the provisions of art. 8 of this Agreement, be in force for the agreed services. 6. Each Contracting Party shall have the right to replace, by written notice between the aviation authorities of the Contracting Parties, an airline which it has designated with another airline. The newly-appointed airline will have the same rights and will be subject to the same obligations as the airline it replaced. + Article 4 Revocation or suspension of the exploitation authorization 1. Each Contracting Party shall have the right to revoke an operating authorization or to temporarily suspend the exercise of the rights specified in art. 2 2 of this Agreement by an airline designated by the other Contracting Party or to impose those conditions which it may deem necessary in the exercise of such rights: a) in any event where it is not satisfied that the substantial property and effective control of that airline belongs to the Contracting Party which has designated the airline or the citizens of that Contracting Party; or b) in any case where that airline fails to comply with the laws and regulations of the Contracting Party that granted those rights; or c) if the first contracting party considers that the airline fails, in other respects, to comply with the provisions of this Agreement. 2. Apart from where immediate revocation, suspension or imposition of the conditions referred to in paragraph 1 of this article is vital to prevent further deviations from laws and regulations, this right shall be exercised by each party contracting only after consultation with the other contracting party, in accordance with art. 16 16 of this Agreement. + Article 5 Principles governing the operation of agreed services 1. The designated airlines of the Contracting Parties shall enjoy equal and equitable opportunities for the operation of the services agreed on the specified routes. 2. In the operation of the agreed services, the designated airline of each Contracting Party shall take into account the interests of the designated airline of the other Contracting Party so as not to unduly affect the services on which the the latter provides them in full or in part on the same route. 3. On any of the specified routes, the capacity provided by the designated airline of a Contracting Party, together with the capacity provided by the designated airline of the other Contracting Party will be maintained in a correlation reasonable with the requirements of the air transport public on that route. 4. The agreed services carried out by the designated airline of each contracting party will have as a primary objective the assurance, at a reasonable charge coefficient, of the appropriate capacity to respond to current and rational requests foreseeable for transport to and from the territory of the other Contracting Party. 5. The right granted to airlines designated to transport traffic between the points on the specified routes, located in the territory of the other Contracting Party, and the points located in third countries shall be exercised in accordance with the principles general, according to which capacity will be adapted: a) the traffic requirements to and from the territory of the Contracting Party which designated the airline b) traffic requirements within the region crossed by the agreed service, after taking into account local and regional air services; and c) the requirements of direct air 6. The capacity to be provided on the specified routes will be agreed between the designated airlines of both Contracting Parties and will be approved by the aviation authorities of the Contracting Parties. Any increase in capacity will also be subject to a deal between the designated airlines and will be subject to approval by the aviation authorities. Until this approval is obtained, the already existing capacity will remain in place. + Article 6 Providing statistical data The aviation authority of any of the Contracting Parties shall determine its own airline designated to provide to the aeronautical authority of the other Contracting Party, at its request, those periodic data or other statistical situations. which may reasonably be required for the purposes of examining the capacity provided on the services agreed by the designated airlines of the Contracting Parties. This data will include details of the volume and distribution of traffic. Any additional statistical data on traffic, which the aviation authority of a Contracting Party requests from the aeronautical authority of the other Contracting Party, will be able to make, upon request, the subject of mutual discussion and a deal between the two aviation authorities. + Article 7 Approval of schedules 1. Flight schedules, including frequency of flights, operating days, type of services and type of aircraft to be used will be agreed between the designated airlines of the Contracting Parties. These issues, thus agreed, will be subject to the approval of the aviation authorities 60 (sixty) days before the start of the operation of the agreed services. The same procedure will apply to subsequent changes and the period of 60 (sixty) days may be amended subject to the agreement of the aviation authorities. 2. If the designated airlines fail to agree on the schedules, they will be determined by the aviation authorities of the contracting parties. The same procedure will apply if the designated airlines do not agree on the subsequent change of the timetable in force. In the latter case, the existing timetables will remain in force 6 (6) months, during which the aviation authorities will work to establish the new timetables. + Article 8 Tariffs 1. The rates to be collected by the designated airline of a Contracting Party for transport to or from the territory of the other Contracting Party shall be determined at reasonable amounts, taking into account all factors determinants, including the interests of users, the cost of exploitation, the characteristics of the service, a reasonable profit, the tariffs of other airlines, and other economic considerations on the market. 2. The tariffs referred to in paragraph 1 of this article will be agreed, if possible, between the designated airlines of the contracting parties, and to this agreement will be reached, as far as possible, by using procedures of appropriate international bodies or organisations. 3. The tariffs thus agreed will be subject to the approval of the aeronautical authorities of the contracting parties at least 60 (sixty) days before the proposed date for their entry into force. In special cases, this period may be reduced, subject to the agreement of the said authorities. 4. The approval of tariffs may be given expressly. If none of the aviation authorities expressed their disagreement within 30 (thirty) days of the date on which the charges were submitted for approval, in accordance with paragraph 3 of this article, these tariffs will be considered as being approved. In the case of a reduction of the period laid down for the approval of the tariffs, in accordance with paragraph 3 of this Article, the aviation authorities may agree that the period during which any disagreement may be notified may be less than 30 ((thirty) days. 5. If a tariff cannot be agreed in accordance with paragraph 2 of this Article or if during the applicable period, in accordance with paragraph 4 of this Article, the aviation authority of a Contracting Party shall notify the Authority the aeronautical authorities of the Contracting Parties shall endeavour to establish the tariff agreement by the aeronautical authorities of the other Contracting Party, or on a tariff agreed in accordance with paragraph 2 of this Article. 6. If the aeronautical authorities of the contracting parties cannot agree on any tariff subject to their approval, based on paragraph 3 of this article, or on the establishment of any tariff, based on paragraph 5 of this article, the dispute shall be settled in accordance with the provisions of art. 17 17 of this Agreement. 7. A tariff determined in accordance with the provisions of this article will remain in force until the approval of a new tariff. The validity of that tariff may be extended beyond its original expiry date, with the approval of the aviation authorities of the Contracting Parties. However, the validity of a tariff will not be extended, by virtue of this paragraph, for a period of more than 12 (twelve) months from the date on which it expired. + Article 9 Exemption from customs duties and other charges 1. The aircraft used for international air services by the designated airlines of the contracting parties, as well as their usual equipment, fuel and lubricant reserves, spare parts and board supplies, including foods, beverages, tobacco products, as well as other products intended for sale to passengers during flight, on board such aircraft, will be exempt from all customs duties, inspection fees and any other tariffs and taxes, at entry into the territory of the other Contracting Party, provided that these equipment, reserves and supplies to remain on board aircraft until they are re-exported. 2. They shall also be exempt from the same tariffs, taxes and amounts of payment, except for the amounts corresponding to the service provided: a) fuel and lubricants intended to supply aircraft to the designated airline, used on international air services, taken on board in the territory of the other Contracting Party, even when such fuels and lubricants they are used in part of the flight, carried out over the territory in which they were taken on board; b) the spare parts and the usual on-board equipment introduced into the territory of the other Contracting Party for the maintenance or repair of aircraft of the designated airline used on international air services c) the supplies of aircraft taken on board in the territory of the other Contracting Party within the limits set by the competent authorities of the said Contracting Party and intended to be consumed on board aircraft of the designated airline on international air services; d) cargo and luggage in direct transit, carried by the aircraft of the designated airline, used on international air services; e) the articles and materials introduced into the territory of any of the Contracting Parties for the purpose of their use in the offices of the airline agency designated by the other Contracting Party for advertising and advertising, provided that they are bear the name of that airline and be distributed free of charge. The materials referred to in subparagraphs a), b) and c) of this paragraph may be kept, on request, under supervision or customs control. 3. The usual on-board equipment, as well as the materials and reserves on board aircraft of the designated airline of any of the Contracting Parties may be discharged into the territory of the other Contracting Party only with the approval the customs authorities of this Contracting Party. In this case, they may be placed under the supervision of the said authorities until they are re-exported or until they receive another destination, in accordance with the customs regulations. + Article 10 Representation 1. Each Contracting Party shall grant, on a reciprocal basis, to the designated airline of the other Contracting Party the right to establish and maintain in its territory offices with the necessary commercial, technical, operational and administrative personnel, in accordance with the requirements of the designated airline. 2. The designated airline of each Contracting Party shall be entitled, on a reciprocal basis, to issue its own transport documents on its international services, advertise and promote sales on the territory of the other party Contracting. These sales may be made in accordance with the laws and regulations in force of this other Contracting Party. 3. Establishment of offices and employment of the personnel referred to in paragraph 1 of this article shall be subject to the laws and regulations of the respective Contracting Party, which shall apply to the entry and stay of foreigners on the territory of the Such contracting + Article 11 Income transfer 1. Each Contracting Party shall grant the designated airline of the other Contracting Party the right of free transfer of the surplus between receipts and expenses, carried out on its territory in connection with the carriage of passengers, luggage, cargo and post by the designated airline of this other Contracting Party. This transfer will be made in freely convertible currency, at the official exchange rate on the day the transfer is made, without being affected by the restrictions. 2. If there is a payment agreement between the contracting parties, the transfer will be carried out in accordance with the provisions of that agreement. 3. The profit realized as a result of the exploitation of aircraft used in international traffic, as well as the movable property used in connection with the operation of aircraft are taxable only in the state where the seat of the actual management of the designated airline. 4. If a contracting party imposes restrictions on the transfer of revenue made by the designated airline of the other contracting party, the latter will be entitled to impose restrictions, on a reciprocal basis, on the company designated air of the first Contracting Party. + Article 12 Airport charges and other similar charges Any tariffs that may be imposed or allowed to be imposed for the use of airports and air navigation facilities on the territory of Romania and, respectively, on the territory of the State of Bahrain will be charged according to the official level of tariffs, established on the basis of laws and other regulations in force in these States, which apply to all aircraft performing similar international air services. + Article 13 Recognition of certificates, patents and licences 1. Certificates of airworthiness, certificates of aptitude and licenses, issued or validated by a Contracting Party and which are still in force, shall be recognized as valid by the other Contracting Party, for the purpose of exploitation the routes and services provided for in this Agreement, provided that the requirements under which those certificates or licences have been issued or validated are equal to or greater than the minimum rules that could be established in accordance with the convention. 2. However each Contracting Party reserves the right to refuse to acknowledge, for the purpose of performing flights above its own territory, the aptitude patents and licenses granted to its own citizens by the other party contracting or by any other state. + Article 14 Application of laws and regulations 1. The laws and regulations of a Contracting Party, relating to the entry into, stay on or exit from the territory or aircraft used in international air navigation, or those relating to the operation and navigation of these aircraft on the time found within the limits of its territory will apply to aircraft of the designated airline of the other contracting party and will be observed by these aircraft at the entrance or exit in/from or while within the limits territory of the first Contracting Party 2. The laws and regulations of a Contracting Party, relating to entry in, to stay on, to transit through or to the exit of its territory of passengers, crews, baggage, goods or mail, including regulations relating to entry, exit, immigration, emigration, passports, customs, foreign currency and quarantine, will be observed by or on behalf of these passengers, crew, baggage, cargo or mail of the designated airline of the other contracting party upon its entry exit in/from or while found within the territory of the territory of the first Contracting Party . 3. The air lanes and the overflight points of the Romanian border and the Bahrain State respectively for the routes specified in the Annex to this Agreement shall be independently established by each Contracting Party on its territory. + Article 15 Application of multilateral air convention If a multilateral general agreement or air transport convention enters into force on the Contracting Parties, this Agreement will be amended by negotiations between the Contracting Parties so as to comply with the provisions of this Agreement. that agreement or that convention. + Article 16 Consultations 1. In a spirit of close cooperation, the aviation authorities of the Contracting Parties shall consult each other on a regular basis to ensure that the provisions of this Agreement are applied and satisfactorily complied with. 2. Any of the Contracting Parties may, at any time, require a consultation with the other Contracting Party, concerning the interpretation, application or amendment of this Agreement. These consultations between the aeronautical authorities of the Contracting Parties, which may be made by discussions or correspondence, shall begin within a period of 60 (sixty) days from the date of receipt of the request by the other Contracting Party, in unless the Contracting Parties agree to extend this period. + Article 17 Dispute resolution Any dispute concerning the interpretation or application of this Agreement shall be resolved by direct negotiations between the aviation authorities of the Contracting Parties. If the aviation authorities fail to reach an agreement, the contracting parties will endeavour to resolve the dispute by diplomatic means. + Article 18 Aviation security 1. In accordance with their rights and obligations under international law, the Contracting Parties reaffirm that their mutual obligation to protect the security of civil aviation against acts of unlawful interference is an integral part of this Agreement. Without limiting the generality of rights and obligations under international law, the contracting parties will act, in particular, in accordance with the provisions of the Convention on the offences and certain other acts committed at aircraft, signed in Tokyo on 14 September 1963, of the Convention for the Suppression of the Illicit Capture of Aircraft, signed at The Hague on 16 December 1970, of the Convention for the Suppression of Illicit Acts against Aviation Security Civil, signed in Montreal on September 23, 1971, and any other convention on aviation security to which the contracting parties will become members. 2. The Contracting Parties shall grant each other, upon request, all assistance necessary for the prevention of acts of illicit capture of civil aircraft and other illicit acts directed against the security of these aircraft, passengers and their crews, airports and air navigation facilities, as well as any other threat to civil aviation security. 3. In their mutual relations, the Contracting Parties shall act in accordance with the provisions on aviation security, established by the International Civil Aviation Organization and designated as annexes to the Convention on Civil Aviation international, in so far as these security provisions apply to the contracting parties; they will require aircraft operators registered by them or aircraft operators who have their main business or residence. permanent on their territory, as well as airport operators located on their territory, act in accordance with these provisions on aviation security. 4. Each Contracting Party agrees that these aircraft operators must comply with the aviation security provisions, referred to in paragraph 3 of this article, purported by the other Contracting Party, upon entry. or exit in/out of the fold while within the confines of the territory of that other Contracting Party. Each Contracting Party shall ensure that appropriate measures are effectively applied to the protection of aircraft and to the control of passengers, crew and baggage, hold baggage, cargo and dashboard supplies. before and during boarding or loading. Each Contracting Party shall also examine in a favourable spirit any request addressed to it by the other Contracting Party for reasonable special security measures to deal with a particular threat. 5. If an incident occurs or there is a threat of incident of illicit capture of civilian aircraft or other illicit acts are committed against the security of these aircraft, their passengers and crews, airports or other aircraft. air navigation facilities, the Contracting Parties shall grant each other assistance by facilitating communications and other appropriate measures in order to put an end, quickly and safely, to such an incident or to a such threats of an illicit act. 6. Each Contracting Party shall take the measures it considers applicable, in order to ensure that an aircraft subject to an act of unlawful capture or other acts of unlawful intervention, which has landed on the territory of that State, is retained at soil, unless its take-off is contingent upon the primordial obligation to protect human lives. These measures will be taken, as far as possible, on the basis of mutual consultations. 7. Where a Contracting Party faces problems with regard to the application of the aviation security provisions of this Article, the aviation authority of any Contracting Party may seek immediate consultations with the the aviation authority of the other Contracting Party. + Article 19 Amendments 1. This Agreement may be amended by the Joint Agreement of the Contracting Parties. To this end, each Contracting Party shall carefully examine any proposal submitted by the other Contracting Party. Any change agreed will enter into force after the contracting parties notify each other, on diplomatic channels, of the formalities required by their legislation regarding the entry into force of international agreements. 2. The Annex to this Agreement may be amended by direct understanding between the aviation authorities of the Contracting Parties and shall be confirmed by an Exchange of Letters. 3 3. Negotiations regarding the amendment of this Agreement or its Annex shall begin within 60 (sixty) days from the date of receipt of the application, unless both Contracting Parties agree on the extension of this period. + Article 20 Registration This Agreement and any amendments thereto will be registered with the International Civil Aviation Organization. + Article 21 Entry into force 1. This Agreement will replace any previous agreements between the Contracting Parties on international air services. 2. This Agreement will be provisionally applied from the date of its signature and will enter into force on the date when the Contracting Parties notify each other, on diplomatic channels, of the formalities required by their legislation concerning entry into vigor of international agreements. + Article 22 Termination of validity Any Contracting Party may, at any time, notify in writing, on diplomatic channels, to the other Contracting Party its decision to denounce this Agreement. This notification will be communicated simultaneously to the International Civil Aviation Organization. In this case, this Agreement will cease its validity to 12 (twelve) months from the date of receipt of the notification by the other Contracting Party, unless the termination notice is withdrawn, by agreement, before the date. expiry of this period In the absence of confirmation of receipt by the other Contracting Party, the notification shall be deemed to be received at 14 (fourteen) days after receipt of this notification by the International Civil Aviation Organization. Law which, the undersigned plenipotentiaries, being authorized in the proper way for this by their respective governments, have signed this Agreement. Concluded in Bucharest on 19 June 1997, in Romanian, Arabic and English, all texts being equally authentic. In case of divergences of interpretation, the English text will prevail. For the Romanian Government, Marian Aleodor Francu For the Government of Bahrain, Ibrahim Abdull Al Hamer + Annex + Section A 1. The routes on which regular international air services will be exploited, in both directions, by the designated airline of Romania: Points in Romania: Bucharest Intermediate points: Damascus/Kuwait/Amman/Istanbul Points in Bahrain: Bahrain Points further: Bangkok, Singapore, Manila, Melbourne. 2. The routes on which regular international air services will be operated, in both directions, by the designated airline of the State of Bahrain: Points in Bahrain: Bahrain Intermediate points: Istanbul/Kuwait/Damascus/Baghdad Points in Romania: Bucharest Points further: Geneva, Vienna, Munich, Brussels. + Section B 1. Any point or several points on the specified routes will be able not to be served-either on all flights or on the occasion of some of them-, depending on the interest of the airlines designated by the contracting parties. 2. The aviation authorities of the Contracting Parties may agree on other points located in third States, where each designated airline will be able to board or disembark passengers, cargo and mail with its destination, respectively, with its origin. the territory of Romania or the territory of Bahrain 3. The additional flights will be carried out subject to coordination between the designated airlines and the approval of the aviation authorities. ------------