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

Read the untranslated law here: https://www.global-regulation.com/law/romania/3071199/-lege-nr.-37-din-14-februarie-1998-pentru-ratificarea-acordului-dintre-guvernul-romniei-i-guvernul-statului-bahrain-privind-serviciile-aeriene%252c-semn.html

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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, published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 78 of 18 February 1998, the Romanian Parliament adopts this law.


The sole article Shall ratify the agreement between the Government and the Government of the State of Bahrain concerning air services, signed at Bucharest on 19 June 1997.
This law was adopted by the Senate at its meeting of 17 December 1997, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. SENATE CRISTIAN DUMITRESCU this law was adopted by the Chamber of deputies at its meeting on 3 February 1998, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. VASILE LUPU, PRESIDENT of the CHAMBER of DEPUTIES AGREED between the Government and the Government of the State of Bahrain air services the Government of Romania and the Government of the State of Bahrain, referred to as the Contracting Parties, being also parties to the Convention on international civil aviation, opened for signature at Chicago on 7 December 1944, desiring to conclude an agreement, supplementary to the Convention for the purpose of establishing and operating scheduled air services between and beyond the territories of Romania Bahrain State respectively, have agreed as follows: Article 1 Definitions 1. For the purposes of this agreement, unless the context otherwise when it appears, the expression: (a) the Convention means the Convention) civil aviation, opened for signature at Chicago on 7 December 1944, and includes any annex adopted under article. 90 of this Convention and any amendment to the annexes or to the Convention, adopted on the basis of art. 90 and 94 thereof, in so far as those annexes and amendments have been adopted by both Contracting Parties;
  

b) aeronautical authorities means, in the case of Romania, the Civil Aviation Department-Ministry of transport, and in the case of the State of Bahrain, the Directorate for civil aviation Affairs-Ministry of transport, or, in both cases, any other person or body authorized to carry out the functions currently exercised by the said authorities;
  

c) designated airline means any airline which has been designated and authorized in accordance with article 5. 3 of this agreement;
  

d) Contracting Party in the territory and the citizens of that contracting party means the territory of Romania's citizens, and citizens and the territory of the State of Bahrain;
  

e) air service, international air service, airline and non-stop have their respective meanings assigned to it in article 1. 96 of the Convention;
  

f) capacity in relation to an aircraft, cargo aircraft, means that available on a route or a portion of the route;
  

g) capabilities, in terms of an agreed service means the capacity of the aircraft used on this service, multiplied by the frequency of operation of that aircraft for a period of time and on a route or the portion of the route;
  

h) traffic transportation means carriage of passengers, cargo and mail, separately or in combined;
  

I mean fare prices) or payment amounts to be paid in respect of international carriage of passengers, baggage and cargo and the conditions under which those prices apply payment amounts or including the prices or amounts and conditions of payment for the services of the Agency and other auxiliary services, but excluding remuneration and conditions for the carriage of mail;
  

j) specified routes means the routes specified in the annex to this agreement, which will be operated on international air services scheduled by the designated airlines of the Contracting Parties;
  

k) services means those services established or agreed to be set up 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 of this agreement; and m) to the present annex means agreement or as amended in accordance with the provisions of art. 19 of this agreement. The annex is an integral part of this agreement and all references to the agreement shall include references to the annex, except where otherwise expressly stated.
  

2. the title of each article of this agreement has a purpose of reference and facilitation and under no circumstance will not try to define, limit or describe the purpose or intent of this agreement.


Article 2 Grant of traffic rights 1. Each Contracting Party shall grant the other Contracting Party the rights specified in this agreement, for the purpose of establishing and operating a scheduled international air services on routes specified in the annex to this agreement.
2. subject to the provisions of this agreement, the designated airline of each Contracting Party shall enjoy, while operating the agreed services on the specified routes, the following rights: a) to fly without landing, the territory of the other Contracting Party;
  

b) to make stops in the territory of the other Contracting Party; and c) to embark and disembark, the territory of the other Contracting Party at the points specified in the annex to this agreement, passengers, cargo and post in international traffic, combined or separately.
  

3. No provision of paragraph 2 of this article shall not be construed to confer upon the designated airline of one Contracting Party the right to embark on the territory of the other Contracting Party, passengers, cargo and post transported, against payment or under a lease agreement, 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 nominate the other Contracting Party one airline for the purpose of operating the agreed services on the specified routes. This designation will be subject to a notification by the aeronautical authorities of the Contracting Parties.
2. on receipt of this desemnari, aeronautical authorities of the other Contracting Party shall, without delay, be granted subject to the provisions of paragraphs 3 and 4 of this article, the airline so designated the appropriate operating authorisation.
3. the aeronautical authority of one Contracting Party may ask the designated airline of the other Contracting Party to make proof that is as far as to satisfy the conditions laid down in the laws and regulations normally applied and reasonable, by this authority, the operation of international air services in conformity with the provisions of the Convention.
4. Each Contracting Party shall have the right to refuse to grant permission for the operation referred to in paragraph 2 of this article or to impose those conditions which it considers necessary for the exercise, by the designated airline of the rights specified in article 5. 2 of this agreement, where the Contracting Party is not convinced that substantial ownership 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 may at any time begin to operate the agreed services, provided that: the ability to be governed on the basis of art. 5 of this agreement, schedule to 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, to be in force for the agreed services.
6. Each Contracting Party shall have the right to replace, through written notification between the aeronautical authorities of the Contracting Parties, an airline has designated it with another airline. Newly appointed airline will have the same rights and shall be subject to the same obligations as the airline that replaced it.


Article 4 Revocation or suspension of operating authorization 1. Each Contracting Party shall have the right to revoke an authorization to operate or to temporarily suspend the exercise of the rights specified in article 7. 2 of the present agreement by a designated airline of the other Contracting Party or to impose those conditions it may deem necessary in the exercise of these rights: a) in any case where it is not convinced that substantial ownership and effective control of that airline belong 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 which has granted those rights; or c) where a Contracting Party considers that the first airline fails, in other respects, comply with the provisions of this agreement.
  

2. Unless immediate revocation, in which suspension or imposition of the conditions mentioned in paragraph 1 of this article is essential to prevent further infringements of the laws and regulations, such right shall be exercised by each party to the contract only after consultation with the other Contracting Party in accordance with art. 16 of this agreement.


Article 5 principles governing the operation of the agreed services 1. The designated airlines of the Contracting Parties shall enjoy equal and equitable opportunities to operate the agreed services on the specified routes.

2. In operating the agreed services, the designated airline of each Contracting Party shall take account of the interests of the designated airline of the other Contracting Party so as not to be unduly affected the services which the latter provide in whole or in part on the same route.
3. On any of the specified routes, capacity provided by the designated airline of one Contracting Party, together with the capacity provided by the designated airline of the other Contracting Party shall be maintained in a reasonable correlation with the public's demands for air carrier on that route.
4. the agreed Services performed by the designated airline of each Contracting Party shall have the primary objective of ensuring, at a reasonable load factor capacity adequate to meet the current and foreseeable applications for carriage of cargo and mail traffic to and from the territory of the other Contracting Party.
5. The right granted to airlines designated to carry traffic between points on the specified routes, in the territory of the other Contracting Party, and which are located in third countries will be pursued in accordance with the General principles that capacity shall be adjusted as follows: a the traffic requirements) to and from the territory of the Contracting Party which has designated the airline;
  

(b) traffic requirements) within the region traversed by the agreed service, having taken account of the local and regional air services; and c) airline direct exploitation requirements.
  

6. the capacity to be provided on the specified routes will be agreed between the designated airlines of both Contracting Parties and shall be approved by the aeronautical authorities of the Contracting Parties.
Any increase in capacity will make also the subject of agreements between the designated airlines and will be subject to the approval of the aeronautical authorities. Pending such approval, existing capacity will remain in force.


Article 6 Provision of statistical data the aeronautical authority of either Contracting Party will determine its own designated airline to provide the aeronautical authority of the other Contracting Party, upon request, those periodic or other statistical situations which may be reasonably required for the purposes of the examination of the capacity of the insured services agreed upon by the designated airlines of the Contracting Parties. This data will include details about the volume and distribution of traffic. Any additional statistical data regarding trafficking in human beings, on which the aeronautical authority of one Contracting Party at the request of the aeronautical authority of the other Contracting Party, will be able to make available, upon request, subject to discussion and mutual understanding between the two aeronautical authorities.


Article 7 approval of schedules 1. Flight schedules, including the frequency of flights, the days of operation, type of service and the type of aircraft that will be used will be agreed between the designated airlines of the Contracting Parties. These issues, agreed, will be subject to the approval of the aeronautical authorities of 60 (sixty) days prior to the commencement of the operation of the agreed services. The same procedure shall apply in the case of subsequent changes and the period of 60 (sixty) days can be changed subject to agreement on the aeronautical authorities.
2. Where the designated airlines fail to agree on timetables, they will be set by the aeronautical authorities of the Contracting Parties. The same procedure will apply if the designated airlines shall not agree to a change of the timetable in force. In the latter case, the existing schedules will remain in force 6 (six) months, the period in which the aeronautical authorities shall endeavour to establish new zones.


Article 8 Tariffs 1. The tariffs to be charged by the designated airline of one Contracting Party for carriage to or from the territory of the other Contracting Party shall be established at reasonable amounts, taking into account all determinants, including the interests of users, the cost of the operation, the characteristics of the service, a reasonable profit, the tariffs of other airlines and other domestic economic considerations.
2. the Tariffs referred to in paragraph 1 of this article shall be agreed, where possible, between the designated airlines of the Contracting Parties to this agreement, and will reach as far as possible, by using procedures appropriate international organizations or bodies.
3. The tariffs so agreed shall be subject to the approval of the aeronautical authorities of the Contracting Parties at least 60 (sixty) days before the date proposed for their entry into force. In special cases, this period may be reduced, subject to the agreement of the authorities.
4. Approval of tariffs may be given expressly. If neither of the aeronautical authorities has expressed disapproval within 30 (thirty) days from the date on which the rates were subject to approval, in accordance with paragraph 3 of this article, these tariffs shall be considered as approved. In the case of the reduction of the period set for the submission for approval of tariffs, in accordance with paragraph 3 of this article, the aeronautical authorities may agree that the period within which may be notified any disagreement should 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 period applicable in accordance with paragraph 4 of this article, the aeronautical authority of one Contracting Party notify the aeronautical authority of the other Contracting Party, the clashing or tariff agreed in accordance with paragraph 2 of this article, the aeronautical authorities of the Contracting Parties shall endeavour to determine the tariff by mutual agreement.
6. If the aeronautical authorities of the contracting parties cannot agree on any tariff subject to approval, on the basis of paragraph 3 of this article, or the determination of any tariff, pursuant to paragraph 5 of this article, the dispute will be resolved in accordance with the provisions of art. 17 of this agreement.
7. A tariff established in accordance with the provisions of this article shall remain in force until such time as the approval of a new tariff. Respective tariff validity may be extended over its original expiry date, with the approval of the aeronautical authorities of the Contracting Parties. However, the validity of a charge will not be extended, by virtue of this paragraph for a period greater than 12 (twelve) months from the date it would have expired.


Article 9 exemption from customs duties and other charges 1. Aircraft used for international air services by the designated airlines of the Contracting Parties, as well as their regular equipment, supplies of fuel and lubricants, spare parts and supplies, including food, beverages, tobacco products, and other products for sale to passengers during the flight, flying on board such aircraft shall be exempt from all customs duties, inspection fees and any other charges and taxes at the entrance in the territory of the other Contracting Party, provided such equipment, and supplies to remain on board the aircraft until they will be re-exported.
2. Also will be exempt from the same tariffs, taxes and payment amounts, except for the amounts corresponding to the service rendered: a) fuel and lubricants destined to supply aircraft designated airline, used on international air services, take on board in the territory of the other Contracting Party, even when these fuels and lubricants used within a portion of the flight, carried out over the territory in which they were taking on board;
  

b) spare parts and equipment used on board, entered the territory of the other Contracting Party for the maintenance or repair of aircraft of the designated airline, used on international air services;
  

c) aircraft stores taken on board in the territory of the other Contracting Party, the limits laid down by the competent authorities of the Contracting Party and intended their ingestion in aircraft designated airline, used on international air services;
  

d) merchandise and baggage in direct transit transported by aircraft of the designated airline, used on international air services;
  

e) articles and materials introduced into the territory of any of the Contracting Parties for the purpose of their use in the agency offices of the airline designated by the other Contracting Party for the advertisement and advertising, provided that they bear the name of that airline entered and to be distributed free of charge.
  

Materials referred to in sub-paragraphs a and b), c)) of this paragraph may be held upon request, under surveillance or customs control.
3. regular Equipment on board as well as the materials and reserves on board the aircraft of the designated airline of either Contracting Party may be unloaded in the territory of the other Contracting Party only with the approval of the Customs authorities of that Contracting Party. In this case, they can be put under the supervision of the said authorities until such time as that will be re-exported or until they get another destination, in accordance with the customs rules.


Article 10 Representation

1. Each Contracting Party shall grant, on a reciprocal basis, the designated airline of the other Contracting Party the right to establish and maintain in the territory of or with commercial, technical personnel, administrative and operational, in accordance with the requirements of the designated airline concerned.
2. The designated airline of each Contracting Party shall have the right, on the basis of reciprocity, to issue its own transport documents on its international services, to advertise and promote sales in the territory of the other Contracting Party. Such sales may be made in accordance with the laws and regulations of the other Contracting Party.
3. Setting up and manning the offices referred to in paragraph 1 of this article shall be subject to the laws and regulations of the Contracting Party concerned, which shall apply from the entry and stay of aliens in the territory of the Contracting Party concerned.


Article 11 transfer of income 1. Each Contracting Party shall grant to the designated airline of the other Contracting Party the right of free transfer of the surplus of receipts and expenses, in the territory of or in connection with the carriage of passengers, baggage, cargo and post by the designated airline (s) of that other Contracting Party. Such transfer shall be made in freely convertible currency at the official exchange rate of the day on which the transfer is made without being affected by the restrictions.
2. Where the contracting parties there is a payment agreement, the transfer will be carried out in accordance with the provisions of that agreement.
3. Profit as a result of exploitation of aircraft used in international traffic and movable property used in connection with the operation of aircraft shall be taxable only in the State in which the headquarters of effective management of the airline.
4. If a Contracting Party imposes restrictions on transfer incomes conducted by the designated airline of the other Contracting Party, the latter shall have the right to impose restrictions, on a reciprocal basis, the designated airline of the first Contracting Party.


Article 12 Airport Rates and charges rates similar to Any which might be required or permitted to be imposed for the use of airports and air navigation facilities on Romanian territory and the territory of Bahrain will be levied according to the official tariffs, established on the basis of laws and other regulations in force in these countries, which apply to all aircraft carrying similar international air services.


Article 13, recognition of certificates, patents and licensing 1. Certificates of airworthiness, certificates of competency 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 operating the routes and services set out in this agreement, provided that the requirements under which have been issued or validated these certificates or licenses are equal to or higher than the minimum standards which may be established in accordance with the provisions of the Convention.
2. each Contracting Party shall, however, reserve their right to refuse to recognize, for the purpose of flights over its own territory or, patent licenses granted ability and its own nationals by the other Contracting Party, or by any other State.


Article 14 implementation of laws and regulations 1. Laws and regulations of a Contracting Party concerning the entry into, stay on or exit from the aircraft or used in international air navigation, or to the operation and navigation of such aircraft on time can be found within the limits of the territory or will apply to aircraft of designated airline of the other Contracting Party and shall be complied with by such aircraft upon entering or exiting to/from or while stood in the limits of the territory of the first Contracting Party.
2. The laws and regulations of a Contracting Party concerning the entry into, stay on, to transit through or outside its territory of passengers, crew, baggage, cargo or mail for aircraft, including regulations relating to entry, exit, emigration, immigration, passports, customs and quarantine, currency, shall be complied with by or on behalf of such passengers, crew, baggage, cargo or post of the designated airline of the other Contracting Party upon entry or exit from or while they are found in limits of the territory of the first Contracting Party.
3. overhead Walkways and overflight of the Romanian border and, respectively, of the State of Bahrain for the routes specified in the annex to this agreement will be determined independently by each Contracting Party in the territory of or.


Article 15 implementation of the multilateral air Convention If a general multilateral agreement or a Convention on air transport shall enter into force with respect to the Contracting Parties, this agreement will be amended through negotiation between the parties, so as to comply with the provisions of that agreement or Convention.


Article 16 Consultations 1. In a spirit of close co-operation, the aeronautical authorities of the Contracting Parties shall consult each other at regular intervals to ensure that the provisions of this Agreement shall also apply to comply in a satisfactory manner.
2. Any of the parties may request, at any time, a consultation with the other Contracting Party, concerning the interpretation, application or amendment of this agreement.
Such consultations between the aeronautical authorities of the Contracting Parties, which can be done through 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, unless the Contracting Parties agree to extend this period.


Article 17 settlement of disputes any dispute regarding the interpretation or the application of this Agreement shall be resolved by direct negotiations between the aeronautical authorities of the Contracting Parties. If the aeronautical authorities fail to reach an agreement, the Contracting Parties shall endeavour to resolve the dispute diplomatically.


Article 18 Aviation Security 1. In accordance with its rights and obligations according to international law, the Contracting Parties reaffirm that their obligation to protect the security of civil aviation against acts of unlawful intervention forms an integral part of this agreement. Without limiting the generality of their rights and obligations according to international law, the Contracting Parties shall in particular act in conformity with the provisions of the Convention on offences and certain other acts committed on board aircraft, signed at Tokyo on 14 September 1963, the Convention for the Suppression of unlawful taking of aircraft, signed at the Hague on 16 December 1970, the Convention for the Suppression of unlawful acts against the safety of civil aviation , signed at Montreal on 23 September 1971, and any other aviation security conventions to which the Contracting Parties will become members.
2. The Contracting Parties shall grant each other, upon request, all necessary assistance for the prevention of illicit acts of catching of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers and crew, airports and air navigation facilities, and any other threat to the security of civil aviation.
3. In their reciprocal relations, the Contracting Parties shall act in accordance with the provisions of the aviation security, established by the International Civil Aviation Organization and designated as annexes to the Convention on international civil aviation, inasmuch as those provisions apply for the security of the Contracting Parties; they will require operators of aircraft registered to them or aircraft operators which have their principal place of business or permanent residence in their territory and the operators of airports in their territory, to act in accordance with the provisions concerning the security of aviation.
4. Each Contracting Party agrees that such operators of aircraft must comply with the provisions relating to the safety of aviation, to which it was referred to in paragraph 3 of this article, claimed by the other Contracting Party, at the entrance to or exit from times while lies within the limits of the territory of that other Contracting Party. Each Contracting Party shall ensure that its territory effectively apply appropriate measures for the protection of aircraft and passengers and crews for control and hand baggage, luggage, goods and supplies, prior to and during boarding or loading. Each Contracting Party shall also examine, in the spirit, any request which is addressed by the other Contracting Party for reasonable special security measures to make the face of a threat.

5. Where an incident occurs or there is a threat of illicit catching incident of civil aircraft or other unlawful acts are committed against the safety of such aircraft, their passengers and crew, airports or air navigation facilities, the Contracting Parties shall grant each other assistance by facilitating communications and other appropriate measures in order to put an end to quickly and safely, such an incident or threat of such a tort.
6. Each Contracting Party shall take such measures as they deem applicable in order to ensure that an aircraft subject to an act of unlawful acts or catching illicit interventions, which landed on its territory, is retained on the ground, apart from the cases where departure is conditional upon the prior obligation to protect human lives. These measures shall be taken, where possible, on the basis of mutual consultations.
7. Where a Contracting Party is faced with problems in terms of implementing the safety of aviation in this article, the aeronautical authority of any other Contracting Party may request immediate consultations with the aeronautical authority of the other Contracting Party.


Article 19 Amendments 1. This agreement may be amended with the agreement of the Contracting Parties. For this purpose, each Contracting Party shall carefully examine any proposal made by the other Contracting Party. Any agreed modification shall enter into force after the Contracting Parties shall notify each other, through diplomatic channels, the formalities required under their legislation concerning the entry into force of international agreements.
2. The annex to this agreement may be amended by direct understanding between the aeronautical authorities of the Contracting Parties and will be confirmed by an exchange of letters.
3. The negotiations on this agreement or amendment of the annex will commence within 60 (sixty) days from the date of receipt of the request, unless both Contracting Parties agree on a prolongation of this period.


Article 20 the registration agreement and any amendments thereto shall be registered with the International Civil Aviation Organization.


Article 21 entry into force 1. This Agreement supersedes any prior agreements between the parties relating to international air services.
2. this Agreement shall be applied provisionally from the date of its signature and will enter into force when the Contracting Parties shall notify each other, through diplomatic channels, the formalities required under their legislation concerning the entry into force of international agreements.


Article 22 termination of validity of Any Contracting Party may, at any time, to notify in writing, through diplomatic channels, the other Contracting Party of its decision to terminate this agreement. This notification will be communicated simultaneously to the International Civil Aviation Organization.
In this case, this Agreement shall cease to be valid at 12 (twelve) months from the date of receipt of notification by the other Contracting Party, unless the notice is withdrawn, relating to cessation through understanding, before the expiry of that period. In the absence of acknowledgement of receipt by the other Contracting Party, notice will be deemed to have been received at 14 (fourteen) days after receipt of such notification by the International Civil Aviation Organization.
In witness whereof, the undersigned, being duly authorised Plenipotentiary properly for it by their respective Governments, have signed this agreement.
Done at Bucharest on 19 June 1997, the Romanian languages, Arabic and English languages, all texts being equally authentic. In case of divergence of interpretation, the English text shall prevail.
For the Government of Romania, Marian Davis Dicta For Government of the State of Bahrain, Ibrahim Al Hamer Stud Annex section 1. The routes will be operated international scheduled air services in both directions, by the designated airline of Romania: Romania: Bucharest points of intermediate Points: Damascus/Kuwait/Amman/Istanbul points in the State of Bahrain: Bahrain further Points: Bangkok, Singapore, Manila, Melbourne.
2. The routes will be operated in international air services scheduled in both directions, by the designated airline of the State of Bahrain: Bahrain: State Points in Bahrain waypoints: Istanbul/Damascus/Kuwait/Baghdad Points in Romania: Bucharest Points ahead: Geneva, Vienna, Munich and Brussels.


Section B 1. Any point or more points on the specified routes shall be able to be served-or all flights, either in connection with some of them, depending on the interests of the designated airlines of the Contracting Parties.
2. The aeronautical authorities of the Contracting Parties may agree on other points situated in third countries, where each designated airline will be able to embark or disembark passengers, cargo and post with the destination or origin, respectively, on Romanian territory or in the territory of the State of Bahrain.
3. additional Flights shall be carried out subject to the coordination between designated airlines and aviation authorities.
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