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Law No. 136 Of 20 July 1999 On The Ratification Of The Agreement Between The Government Of Romania And The Government Of The United States Of America Relating To Air Transport Signed At Washington On 15 July 1998

Original Language Title:  LEGE nr. 136 din 20 iulie 1999 pentru ratificarea Acordului dintre Guvernul României şi Guvernul Statelor Unite ale Americii privind transporturile aeriene, semnat la Washington la 15 iulie 1998

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LEGE no. 136 136 of 20 July 1999 for the ratification of the Agreement between the Government of Romania and the United States Government on Air Transport, signed in Washington on 15 July 1998
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 353 353 of 26 July 1999



The Romanian Parliament adopts this law + Article UNIC The Agreement between the Government of Romania and the Government of the United States of America on Air Transport is ratified, signed in Washington on 15 July 1998. This law was adopted by the Senate at its meeting of 26 April 1999, in compliance with the provisions of art. 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT, DORU IOAN TARACILA This law was adopted by the Chamber of Deputies at the meeting of June 22, 1999, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT, PAULA IVANESCU + AGREEMENT between the Government of Romania and the United States Government on air transport The Government of Romania and the United States Government, hereinafter referred to as the Parties, wishing to encourage an international aviation system based on competition between airlines on the market, with minimal involvement and regulation from the Government, wishing to facilitate the development of international air transport opportunities, desiring to allow air transport companies to offer passengers options for varied services at the lowest prices, which are not discriminatory and which do not abuse the dominant position they are on, and wanting to encourage individual air transport companies to develop and introduce new competitive prices, wanting to ensure the highest degree of safety and security in international air transport and reaffirming their deep concern about the acts or threats to aircraft security, which put safety at risk persons or their property, which negatively influence the operation of air transport and undermine public confidence in civil aviation safety, and being parts of the Convention on International Civil Aviation, opened for signature in Chicago on 7 December 1944, have agreed the following: + Article 1 Definitions For the purposes of this Agreement, unless otherwise specified, the terms: 1. aeronautical authorities shall mean, in the case of Romania, the Ministry of Transport or its successor, and in the case of the United States of America, the Department of Transport 2. Agreement means this Agreement, the Annexes thereto and any amendments thereto; 3. air transport means public transport by aircraft of passengers, baggage, goods and mail, separately or combined, against payment or by contract; 4. Convention means the Convention on International Civil Aviation, opened for signature in Chicago on 7 December 1944, and includes: a) any amendment that entered into force on the basis of art. 94 94 a) of the Convention and which has been ratified by both Parties; and b) any annex or any amendment thereto, adopted on the basis of art. 90 of the Convention, in so far as such an annex or amendment is in force at the time for both parties; 5. designated air transport company means an air transport company designated and authorized in accordance with art. 3 3 of this Agreement; 6. total cost means the cost of the service provided plus a reasonable fee for administrative expenses; 7. international air transport means air transport crossing the airspace of several States; 8. price means any price, tariff or charge for the transport of passengers (and their luggage) and/or the goods (excluding mail) by air, perceived by the air transport companies, including by their agents, as well as the conditions which regulates the use of such price, tariff or duty; 9. non-commercial stopover means a landing for any purpose other than that of embarking or disembarking passengers, baggage, cargo and/or mail in air transport; 10. for Romania territory means land areas under its sovereignty, jurisdiction and protection and territorial waters adjacent to them. For the United States of America territory means land areas under their sovereignty, jurisdiction, protection or guardianship, as well as territorial waters adjacent to them; 11. the tariff for use means the tariff charged to airlines for the use of airport facilities or services, air navigation or aeronautical security, including related services and facilities. + Article 2 Granting of traffic rights 1. For the carrying out of international air transport by the air transport companies of the other party, each party shall grant the other party the following rights: a) the right to fly over its territory without landing; b) the right to make non-commercial stopovers on its territory; and c) those rights otherwise specified in this Agreement. 2. No provision of this article shall be construed in the sense of conferring to the company or air transport companies of a party the right to board the territory of the other passenger, their luggage, cargo or mail, transported against payment and having as destination another point on the territory of the other party. + Article 3 Designation and authorisation 1. Each Party shall have the right to designate as many airlines as it wishes to carry out international air transport in accordance with this Agreement and to withdraw or amend these designations. These designations shall be forwarded to the other party in writing on diplomatic channels and shall specify whether the air transport company is authorised to carry out the type of air transport specified in Annex no. I or II fold in both. 2. Upon receipt of such designation and requests from the designated air carrier, in the form and in the manner prescribed for the operating permits and technical authorizations, the other party will grant the appropriate authorizations in the most short time, provided that: a) the substantial share and effective control of the air transport company shall belong to the party that designated the airline, the citizens of that party or both; b) the air transport company designated to be qualified to meet the conditions prescribed by the laws and regulations that apply ordinarily to the performance of international air transport by the party considering its request applications; and c) the party designating the air transport company to maintain and administer the standards referred to in art. 6 (Safety) and art. 7 (Aviation security). + Article 4 Withdrawal of authorisation 1. Any party may revoke, suspend or limit the operating permits or technical authorizations of an air carrier, designated by the other party, if: a) the substantial share and effective control of the air transport company are not held by the other party, by the citizens of that party or by both; b) the air transport company fails to comply with the laws and regulations referred to in art. 5 (Application of laws); or c) the other party does not maintain and does not apply the standards, as provided for in art. 6 6 (Safety). 2. Unless an immediate action is essential to prevent future deviations from subparagraphs 1b) or 1c) of this Article, the rights set forth by this Article shall be exercised only after consultations with the other. Part. 3. This article does not limit the rights of any of the two parties to refuse, revoke, limit or impose conditions regarding the authorization to operate or the technical authorization of an air transport company or companies of air transport of the other party in accordance with the provisions of art. 7 (Aviation security). + Article 5 Law enforcement 1. Upon entering the territory of a party, during parking or leaving that territory, the air transport companies of the other party shall comply with the laws and regulations of that party, relating to the operation and aircraft navigation. 2. Upon entering the territory of a party, during parking or leaving that territory, the laws and regulations of that party, relating to the admission on or departure from its territory of passengers, crew or goods with the aircraft (including regulations relating to entry, departure authorization, aviation security, immigration, passports, customs and quarantine or, in the case of mail, postal regulations) will be observed by or on behalf of passengers, crew or cargo carried by transport companies air of the other party. + Article 6 Safety 1. Each Party shall recognise as valid, for the purpose of carrying out the air transport provided for in this Agreement, the certificates of airworthiness, certificates of competence and licences issued or validated by the other Party and which are still in force, provided that the requirements for such certificates or licences are at least equal to the minimum standards which may be established in accordance with the Convention. However, each party may refuse to recognise as valid, for the overflight of its own territory, certificates of competence and licences granted or validated for its citizens by the other party. 2. Each of the two parties may request consultations on safety standards maintained by the other party, relating to aeronautical facilities, aircraft crews, aircraft and the operation of air transport companies. Designated. If following such consultations a party finds that the other party does not actually maintain and does not administer security standards and requirements in these areas so as to be at least equal to the minimum standards that may be established in accordance with the Convention, the other Party shall be notified of such findings and of the measures deemed necessary to comply with these minimum standards and the other Party shall take appropriate corrective measures. Each Party reserves the right to refuse, revoke or limit the authorization to operate or authorize the technique of an air transport company or air transport companies designated by the other party in the event that the other part shall not take the appropriate corrective action within a reasonable period. + Article 7 Aviation security 1. In accordance with their rights and obligations, referred to in international law, the Parties reaffirm that their mutual obligation to ensure the security of civil aviation against illicit acts constitutes an integral part of this Agreement. Without prejudice to their rights and obligations under international law, the Parties shall act in particular in accordance with the provisions of the Convention relating to offences and certain other acts committed on board aircraft, concluded in Tokyo on 14 September 1963, the Convention for the Suppression of the Illicit Capture of Aircraft, signed at The Hague on 16 December 1970, and of the Convention for the Suppression of Illicit Acts directed against Civil Aviation Security, Montreal on September 23, 1971, and, when it is in effect for both parties, the Protocol for the repression of illicit acts of violence at airports serving international civil aviation, concluded in Montreal on 24 February 1988. 2. The Parties shall grant each other, upon request, the maximum assistance necessary to prevent acts of unlawful capture of civil aircraft and other wrongful acts directed against the safety of such aircraft, passengers and their crews, as well as airports and air navigation facilities and will give due consideration to any other threat to the security of civil air navigation. 3. The Parties shall act in their mutual relations in accordance with the standards on aviation security and the appropriate recommended practices, established by the International Civil Aviation Organization and designated as annexes to the Convention; they shall require that the operators of aircraft registered in that country, the operators of the aircraft that have the company's head office or permanent residence in their territory and the operators of the airports on their territory, act in accordance with these provisions on aviation security. 4. Each party agrees to comply with the security provisions, required by the other party for entry into the territory, leaving the territory and during stationing on the territory of the other party, and to take appropriate measures to protect aircraft and control passengers, crew, cargo hold and hold baggage, as well as cargo and dashboard supplies, before and during boarding or loading. Each party will also give due consideration to any request of the other party on special security measures to deal with a particular threat. 5. When an incident occurs or the threat of an incident of unlawful capture of an aircraft or other wrongful acts against the safety of passengers, crews, aircraft, airports or air navigation facilities, the Parties shall: will provide each other with assistance through the facilitation of communications and other specific measures with the intention to end quickly and without unwanted consequences to such an incident or to such a threat. 6. When a party has plausible reason to believe that the other party has deviated from the provisions of this article on aviation security, the aviation authorities of that party may seek immediate consultations with the aviation authorities. the other side. If the two parties fail to reach a satisfactory settlement within 15 days from the date of such a request, this fact will be grounds to refuse, revoke, limit or impose conditions on the operating authorization and conditions. technical approvals of one or more of the air transport companies of that part. In case of emergency, a party may take a provisional measure before the expiry of the 15-day period. + Article 8 Possibilities offered for commercial activity 1. The air transport companies of each party shall have the right to establish and maintain offices or agencies in the territory of the other party for the promotion and sale of air transport services. 2. Air transport companies designated by each party shall have the right, in accordance with the laws and regulations of the other party regarding the entry, stay and employment on its territory, to bring and maintain on the territory of the other personal management, sales, technical, operational and other specialised personnel, required for carrying out air transport. Each Party shall grant, in accordance with its laws and regulations, the necessary employment permits, visas or other similar documents required for this type of personnel. 3. Each designated air transport company shall have the right to conduct its own ground handling on the territory of the other party (self-handling) or, if it wishes, to choose from among the agents willing to carry out the respective services in totally or partially. The rights will only be subject to physical restrictions resulting from airport safety considerations. Where such grounds exclude self-handling, ground services will be available on an equal basis for all airlines; tariffs will be based on the costs of the services provided, and such services will be comparable to the type and the quality of the services, as if the own handling was possible. 4. Any air transport company designated by each party may engage in the sale of air transport services and shall have the right to advertise and encourage the sale of such services on the territory of the other party directly through its own agencies and, if the company wishes, through its sales and/or travel agents, unless there may be express specifications in the regulations regarding charter flights of the country in which the charter originates and which relate to the protection of the passenger funds and the refund rights in the case Passenger cancellation. Each air transport company will be entitled to sell such transport services and any person will be free to buy such transport services, in the currency of that state or in freely convertible currency. 5. Each air transport company will have the right to convert and transfer to its country, on request, the surplus between the local income and the amounts paid locally. Conversion and transfer will be allowed promptly, without restrictions and without charge of taxes, and will be made at the best exchange rate in force at the time the conversion takes place. 6. The air transport companies of each party will be allowed, in the territory of the other party, to pay in local currency for local expenses, including for the purchase of fuel. If they wish, the air transport companies of each party can pay for such expenses on the territory of the other party in freely convertible currencies, in accordance with local currency regulations. 7. In accordance with the provisions of Annex no. IV, in carrying out or offering authorized services on specified routes, any designated air carrier of a party may be party to cooperative arrangements in marketing such as "blocked-space," "code-sharing" or operations. Rental with: a) an air transport company or air transport company of any of the parties; and b) an air transport company or air transport company of a third country, provided that this third country authorises or permits similar agreements between the air transport companies of the other party and other companies air transport using services to, from and through this third country, provided that all air transport companies in such arrangements: 1 1) have the appropriate authority; and 2 2) meet the requirements normally applied to such agreements. 8. Notwithstanding any other provision of this Agreement, air transport companies and indirect freight providers of both parties will be permitted to use without restriction, in connection with international air transport, any transport on the ground for goods to or from any point in the territories of the parties or in a third country, including transport to or from all airports provided with customs and, including, where possible, the right to transport goods in the warehouse in accordance with applicable laws and regulations. Such goods, whether transported to the ground or by air, will have access to airport customs and customs facilities. Air transport companies can opt for their own ground shipments or provide these services through deals with other ground transportation firms, including ground transportation by other airlines and other airlines. indirect air cargo suppliers. Such intermodal services for goods can be offered at a single price that includes both air and ground transport, provided that transport companies are not presented with erroneous data on such transport. + Article 9 Customs duties and tariffs 1. Upon arrival on the territory of a part the aircraft used for international air transport by designated air transport companies of the other part, their usual equipment, their ground equipment, fuels, lubricants, consumable technical materials, spare parts (including engines), board supplies (which include, but are not limited to, such articles, as: food, soft drinks and alcoholic beverages, tobacco and other products, in limited quantities, intended for sale or use by passengers during flight) and other articles intended or used only in connection with the operation or operation of the aircraft engaged in international air transport will be exempt, on the basis of reciprocity, from all restrictions on import, property taxes, taxes on capital, customs duties, excise duties and other such charges which: (1) are imposed by the national authorities and (2) are not based on the cost of the services provided, provided that such equipment and supplies remain on board the aircraft. 2. They shall also be exempt, on the basis of reciprocity, from taxes, duties, charges, import-export duties and other charges referred to in paragraph 1 of this Article, except for taxes based on the cost of the service provided: a) the supplies of the aircraft, introduced or supplied on the territory of a party and taken on board, within reasonable limits, for use outside the borders, by the aircraft of an air transport company of the other party, engaged in air transport international, even when these supplies are to be used on a segment of the journey carried out over the territory of the part where they were taken on board; b) the ground equipment and spare parts (including engines), introduced into the territory of a party for the operation, maintenance or repair of an aircraft of an air carrier of the other part, used in air transport international; c) fuel, lubricants and technical materials consumable, introduced or supplied in the territory of a Party for use by the aircraft of an air carrier of the other party engaged in international air transport, even whether these provisions are to be used in a segment of the journey carried out over the territory of the part where they were taken on board; and d) promotional and advertising materials, introduced or supplied on the territory of a party and taken on board within reasonable limits to be used outside the borders of the aircraft of an air transport company of the other party, engaged in international air transport, even if these supplies are to be used on a segment of the journey carried out over the territory of the part where they were taken on board. 3. The equipment and consumable materials referred to in paragraphs 1 and 2 of this Article may be required to be kept under the supervision or control of the competent authorities. 4 4. The exemptions referred to in this Article will also be valid if the air transport companies of a party have a contract with another air transport company which in turn benefits from such exemptions granted. on the other side for the loan or transfer to the territory of the other part of the articles specified in paragraphs 1 and 2 of this Article. + Article 10 Tariffs for use 1. The tariffs for use that may be imposed by the competent authorities or bodies of each party to the other party's air transport companies shall be fair, reasonable, fair distributed among the categories of users and shall be nondiscriminatory. In any case any such tariffs for use will be calculated for the other party's air transport companies under conditions no less favourable than the most favourable conditions applicable to any other airline at the time when they were calculated. 2. The tariffs for use imposed on the other parties ' air transport companies may reflect, but will not exceed the total cost incurred by the authorities or the competent bodies for the provision of appropriate airport facilities and services, environmental, air navigation and aviation security, at the airport or within the framework of the integrated airport system. This total cost may include a reasonable rate of return on assets after amortisation. The facilities and services for which tariffs are set will be provided on an efficient and economic basis. 3. Each Party shall encourage consultations between the competent authorities or bodies in its territory and the air transport companies using the services and facilities and shall encourage the exchange of necessary information between the authorities or competent bodies and air transport companies, in order to be able to properly consider whether the tariffs are reasonable in accordance with the principles of paragraphs 1 and 2 of this Article. Each Party shall encourage the competent authorities to notify, within a reasonable period of time, the users of any proposal to amend the tariffs for use, in order to enable them to express their point of view before changes to occur. 4. In the framework of dispute resolution procedures, according to art. 14, neither party shall be deemed to have violated any of the provisions of this Article, unless: (i) within a reasonable period fails to conduct an analysis of the tariff or proceeding constituting the subject matter. the complaint of the other party; or (ii) following such an analysis fails to take all measures within its competence to remedy any tariff or procedure which is inconsistent with the provisions of this Article. + Article 11 Fair competition 1. Each Party shall give a fair and equal opportunity to designated air transport companies of both parties to participate in fair competition conditions upon offering international air transport services in accordance with this Agreement. Agreement. 2. Each Party shall allow each designated air transport company to determine the frequency and capacity of international air transport which it offers, based on commercial market considerations. Under this right, neither of the two parties will unilaterally limit the traffic volume, frequency or regularity of the service or the type/types of aircraft used by designated air transport companies of the other party, with unless this could be required by customs, technical, operational or environmental protection considerations, on the basis of the provisions on uniform conditions in accordance with art. 15 15 of the convention. 3. No part shall require designated air transport companies of the other part a requirement of first refusal, transport quota, "no-use" fee or any other requirement with reference to capacity, frequency or type of traffic, applicable. regular or charter air transport, which would not be in accordance with the provisions of this Agreement. 4. None of the two parties will require submission for approval of schedules, schedules for charter flights or operational plans of the other party's air transport companies, unless this could be the case. be required on a non-discriminatory basis in order to impose the uniform conditions provided for in paragraph 2 of this Article or when this is expressly authorised in an Annex to this Agreement. If a party asks only for the purpose of informing the registration of the above mentioned documents from the air transport intermediaries and the designated air transport companies of the other party, it will reduce as far as possible the formalities administrative requirements and procedures for the registration of documents. + Article 12 Pricing of 1. Each Party shall allow the prices for the air transport service to be determined by each designated air transport company and be based on commercial market considerations. The parties ' intervention will be limited to a) preventing excessively discriminatory prices and practices; b) consumer protection from prices that are excessively high or restrictive due to the abuse of a dominant position; and c) protection of air transport companies from prices that are artificially low due to direct or indirect government subsidies or support. 2. Each Party may request the notification or submission to its aviation authorities of the prices to be charged to or from its territory by the other party's air transport companies. The notification or submission by the air transport companies of both parties may be requested no later than 30 days before the date proposed for the entry into force. In individual cases, the notification or submission may be allowed in a shorter period than the one normally required. Neither of the two parties will require notification or submission by air transport companies of the other party of prices charged from the public by companies that conduct charter flights unless they can be notified. required on a non-discriminatory basis for information. 3. None of the parties will undertake unilateral action to prevent the introduction of a proposed price to be charged or the continuation of one already perceived by: a) an air transport company of any of the parties for international air transport between the territories of the parties; or b) an air transport company of a party for international transport between the territory of the other party and any other country, including in both cases the inter-line or intra-line transport. If a Party considers that such a price is contrary to the considerations set out above in paragraph 1 of this Article, it shall seek consultations and shall, as soon as possible, notify the other party of the reasons for its grievances. These consultations will be held no later than 30 days after receipt of the request and the parties will cooperate in providing the necessary information for the reasonable resolution of the dispute. If the parties reach a settlement on the price for which the notice of expression of discontent was made, each party will work hard to implement this settlement. If such a mutual understanding is not reached, the price will enter into force or remain in force. + Article 13 Consultations and amendments Each Party may request consultations at any time in connection with this Agreement. Such consultations shall begin on a date as soon as possible, but no later than 60 days after the date on which the other party received the request, unless otherwise agreed. This agreement may be amended by the written agreement of the parties. The amendments will enter into force on the date of the exchange of diplomatic notes, following all the necessary internal procedures of the parties. + Article 14 Dispute resolution 1. Any dispute arising in the interpretation of this Agreement, except those which may arise from the interpretation of paragraph 3 of art. 12 (Price setting), which is not settled by a first round of official consultations, may be given, with the agreement of the parties, for analysis and decision, to a person or a body. If the parties do not thus understand each other, the dispute will be subject, at the request of any party, to the arbitrators in accordance with the following procedures 2. The arbitration shall be made by a court of 3 arbitrators, which shall be constituted as follows: a) Each Party shall appoint an arbitrator within 30 days of receipt of a request for refereeing. Within 60 days of the appointment of the 2 arbitrators, they will agree the appointment of the third arbitrator, who will act as president of the arbitration tribunal. b) If neither party manages to appoint an arbitrator or if the third arbitrator is not appointed in accordance with the sub-paragraph a) of this paragraph, either party may request the President of the Council of the Civil Aviation Organization International to appoint within 30 days the referee or the necessary referees. If the president of the council is of the same nationality as one of the parties, the highest-ranking vice-president who is not disqualified for this reason shall make the appointment. 3. Unless otherwise agreed, the arbitration tribunal shall delineate its jurisdiction in accordance with this Agreement and shall establish its own rules of procedure. Once constituted, the tribunal may recommend measures for the temporary resolution of the dispute, until the final decision. At the direction of the tribunal or at the request of any party, but no later than 15 days from the date on which the tribunal was constituted, a meeting will be held to clearly establish the disputes to be arbitrated and the specific procedures to be followed to be applied. 4. Unless otherwise agreed or the tribunal has ordered, each party shall submit to the tribunal a memorandum, within 45 days from the time it was constituted in its entirety. The answers will be given within 60 days. The Tribunal, at the request of any party or on its own initiative, shall hold a hearing within 15 days of the time of receipt of the replies. 5. The Tribunal will attempt to present a written ruling within 30 days of the conclusion of the hearing or if no hearing has taken place, from the date on which both responses were submitted. The tribunal's majority ruling will prevail. 6. The parties may submit requests for clarification of the judgment within 15 days from the date on which it was presented and any clarification will be issued within 15 days from the date of receipt of such a request. 7. Each Party shall implement any judgment or sentence of the arbitration tribunal, in so far as it is in accordance with its national law. 8. The expenses of the arbitral tribunal, including the fees and expenses of the arbitrators, shall be divided equally between the parties. Any expenses made by the President of the Council of the International Civil Aviation Organization in connection with the procedures contained in paragraph 2 b) of this Article shall be deemed to be part of the expenses of the arbitration tribunal. + Article 15 Denunciation Any party may at any time notify the other Party in writing of its decision to terminate this Agreement. Such notification will be sent simultaneously to the International Civil Aviation Organization. This Agreement shall be denounced one year after the date of the written notification, unless the notification is withdrawn, by agreement between the Parties, before the expiry of the period. + Article 16 Registration with O.A.C.I. This agreement and all amendments to it will be registered with the International Civil Aviation Organization. + Article 17 Entry into force This Agreement will enter into force on the date of exchange of diplomatic notes, following the fulfilment of all necessary internal procedures of the Parties. Upon entry into force this Agreement will replace the Agreement between the Government of the Socialist Republic of Romania and the Government of the United States of America in 1979, which amended and amended the Agreement on Civil Air Transport of 4 December 1973, as well as the additions and amendments thereto. Law which, the undersigned, being fully authorized by their respective governments, have signed this Agreement. Signed in Washington on July 15, 1998, in two original copies, in Romanian and English, both texts being equally authentic. For the Romanian Government, Traian Basescu For the United States Government of America, Strobe Talbot + Annex 1 REGULAR AIR TRANSPORT + Section 1 Routes On the basis of Annex no. IV the air transport companies of each Party, designated on the basis of this Annex, shall be entitled, in accordance with the terms of their designation, to carry out regular international air transport between points on the following routes: A. Routes for the company or air transport companies designated by the Government of the United States of America: -from points located geographically to the west of the United States, via the United States of America, and intermediate points towards a point or points in Romania and beyond. B. Routes for the company or air transport companies designated by the Romanian Government: -from points located geographically to the east of Romania, via Romania, and intermediate points to a point or points in the United States and beyond. + Section 2 Operating flexibility Each air transport company may, in any or on all flights and at its choice: 1. to carry out flights in any of the two directions or in both directions; 2. to combine different flight numbers during the operation of a single aircraft; 3. to serve points geographically forward, intermediate and points further, as well as points within the territory of the parties on these routes, in any combination and in any order; 4. to omit escale at any point or points; 5. to transfer passengers and/or cargo from any of its aircraft to any other of its aircraft at any point on these routes; and 6. to serve points geographically located before any point in its territory, with or without the change of aircraft or flight number, to present and advertise such services to the public, as direct services, without restriction of direction or geographical and without the loss of any right to carry out commercial transport, which is otherwise permitted under this Agreement, provided that the service serves a point in the territory of the party that designated the air transport. + Section 3 Changes in limits In any segment or segments of the aforementioned routes any designated air transport company may execute international air transport, without any limitation in respect of the change, at any point on the route, of its type. the number of aircraft with which it operates, provided that on an external destination the transport further from such a point is a continuation of the transport from the territory of the part which has designated the airline, and on a destination domestic transport to the territory of the part which has designated the airline to be a continued transportation of this point. + Annex 2 CHARTER AIR TRANSPORT + Section 1 The air transport companies of each party, designated on the basis of this annex, shall be entitled, in accordance with the terms of their designation, to carry out international commercial passenger charter transport (and their luggage) and/or cargo [[including, but not limited to charter for freight, partial charter and combined charter (passenger/cargo)): * * between any point or points within the territory of the party which has designated the airline and any points or points within the territory of the other Party; and * between any point or points in the territory of the other party and any point or points in a third country or country, provided that such a service is part of a continuous operation, with or without the change of aircraft, including service to the country of origin, for the purpose of local transport between the country of origin and the territory of the other In carrying out the services covered by this Annex, the air transport companies of each Party, designated on the basis of this Annex, shall also be entitled: 1 2) to carry out commercial transport in transit over the territory of the other Party; (3) to combine on the same aircraft commercial transport originating from the territory of the other Party; the territory of a Party, commercial transport originating in the territory of the other Party and commercial transport originating in third countries; and (4) to carry out international air transport without any restriction, so that it may change, in any point on the route, type or number of aircraft with which it operates, provided that on a external destination the transport further from such a point shall be a continuation of the transport from the territory of the part which designated the airline, and on an internal destination the transport to the territory of the party which designated the air transport company is a continuation of the transport further from such a point. Each Party shall make a favourable analysis of the requests for commercial transport, unforeseen in this Annex, of the other Party's air transport companies, on an amicable basis and reciprocity. + Section 2 Any air transport company designated by either party carrying out international charter air transport either in a single direction or return, having its origin on the territory of any party, shall have the possibility to comply, at choice, either to the laws, regulations and charter rules of the country of origin or to those of the other party. If a party applies rules, regulations, terms, conditions or limitations to one or more of the different countries ' airlines, each designated air carrier will be subject to the least restrictive criterion. However, no provision of the previous paragraph will limit the rights of any party to require air transport companies, designated by any party under this Annex, to comply with the requirements for the protection of money funds of passengers, the right to cancel the reservation with the reimbursement of the ticket cost. + Section 3 Except for the rules on consumer protection referred to in the preceding paragraph, neither party shall require an air transport company, designated by the other party on the basis of this Annex, in relation to carrying out commercial transport from the territory of the other party or a third country, in a single direction or round trip, to present more than a declaration of compliance with the laws, regulations and rules referred to in Section 2 of this Annex or a declaration of exemption from the provisions of that law, regulations or rules, granted by the competent aviation authorities. + Annex 3 PRINCIPLES non-discrimination and free competition between computerised reservation systems (CRS) Recognizing that art. 11 (Fair competition) of this Agreement guarantees the air transport companies of both parties "fair and equal opportunities to compete", considering that one of the most important aspects of an air transport company's ability to compete is its ability to inform the public of its services in a fair and impartial manner and that therefore quality information on the services of the airline, which is available to travel agents who distribute this information directly to the travelling public, and the ability of an air transport company to offer those agents Competitive computerized booking systems (CRS) are the basis for chances in conditions of competition of an airline, and considering that it is necessary, equally, to ensure that the interests of the beneficiaries of air transport services are protected from any misuse of such erroneous information and presentations and that the air transport companies and travel agents have access to the computer reservation systems in competition: 1. The Parties agree that the CRS shall have integrated primary displays, for which: a) information on international air services, including the formation of links within these services, will be edited and presented on the basis of non-discriminatory and objective criteria that are not influenced, directly or indirectly, by the identity of the airline or the market. Such criteria will apply uniformly to all participating air transport companies; b) the CRS databases will be as comprehensive as possible; c) CRS providers will not delete the information provided by participating air transport companies; such information will be accurate and clear; for example, "code-share" flights, with change of limits, and stopover flights should be clearly identified as having these characteristics; d) all CRS that are available to travel agents that directly distribute the information on the services of air transport companies to the travelling public on the territory of any party not only will be obliged to operate, but will have, also the right to operate in accordance with the CRS rules that apply to the territory on which CRS is used; e) travel agents will be allowed to use any secondary display available through CRS, as long as the travel agent makes a specific request for that display. 2. A party will require that every CRS provider operating in its territory allows all air transport companies, willing to pay a non-discriminatory fee, to participate in the CRS. The party will require that all distribution facilities that a CRS provider offers to be offered on a non-discriminatory basis to all air transport companies. The party will require CRS providers to display, on a non-discriminatory basis, objectives, not influenced by the transport or market company, the international air services of participating air transport companies, in all markets on which they want to sell these services. Upon request, a CRS provider will make known details of the update of the database and the storage procedures of its database, its criteria for the editing and ranking of information, the share given to such criteria, as well as the criteria used for choosing connecting points and including connection flights. 3. CRS providers operating on the territory of a party will have the right to introduce, maintain and provide CRS free of charge to travel agencies or travel companies whose main activity object is distribution. services related to travel on the territory of the other Party, if CRS is in accordance with these principles. 4. No party shall require or permit to be imposed, on its territory, the CRS suppliers of the other party more stringent requirements than those imposed on its own CRS providers with respect to access and use of communications, the selection and use of the CRS and the CRS software and the installation of the CRS paper. 5. No party shall require or permit to be imposed, on its territory, the CRS providers of the other party more restrictive requirements than those imposed on its own CRS providers on the displayed CRS information (including the parameters of presentation and selection), operation or sales. 6. CRS that are used on the territory of a party and which are in accordance with these relevant and non-discriminatory regulatory, technical and security principles and standards shall be entitled to effective and unlimited access to the territory the other. One aspect of this problem is that a designated air transport company will have equal access to such a system on the territory of the country of origin, as well as any other system offered to travel agents from the territory of the other Parts. The owners/CRS operators of a party will have equal opportunities to own/operate CRS that complies with these principles in the territory of the other party, as the owners/operators of that party have. Each party will ensure that air transport companies and CRS providers do not discriminate against travel agents on the territory of their home country due to the holding or operation of a CRS also used on their territory. the other. + Annex 4 TRANSITIONAL PROVISIONS 1. "Code sharing" third country Contrary to the provisions of paragraph 7 of art. 8, by 1 November 2001 the designated air transport companies of each Party may carry out or present services in combination "code sharing" between points within the territory of that Party and points within the territory of the other Party. by a point or intermediate points as specified in Annex no. I, in accordance with the "code sharing" arrangements between an air transport company of that part and an air transport company of a third country, only as follows: a) from 1 April 1999 to 31 October 1999 inclusive may exercise the rights referred to in paragraph 7 b) of art. 8 no more than three airlines for each party; b) from 1 November 1999 to 31 October 2001 inclusive may exercise the rights referred to in paragraph 7 b) of art. 8 no more than four airlines for each party; c) in the provision of services in accordance with the provisions of section 1, a designated air transport company of the United States of America may provide the same number of frequencies as those used by its partner of " code sharing " during any week of any previous calendar year, as of 1 January 1997; d) for the purposes of section 1 lit. c) above a frequency is defined for an air transport company of the United States of America as a return trip, in accordance with the provisions of a "code share" arrangement with an air transport company of a third country, to and from the first point of arrival in the territory of the other 2. Services offered by Romanian air transport companies Contrary to section 1 of Annex no. I, the air transport companies designated by the Romanian Government can provide transport services to the United States of America as follows: a) until March 31, 1999, from points located geographically to the east of Romania, through Romania and intermediate points from Belgium, Bulgaria, Czech Republic, Denmark, France, Germany, Hungary, Ireland, Malta, the Netherlands and Slovakia to New York and Chicago, with a total of 7 weekly frequencies (no more than 5 to New York), each point served being considered as a frequency, regardless of whether both points are used in a single flight and further to Montreal. If however during this period a company or airline companies of the United States of America offers a regular service combined to Romania, using their own aircraft, the air transport companies designated by Romania can offer the same number of frequencies as the United States airline or airline companies; b) from April 1, 1999 to October 31, 2001 inclusive, from points geographically located to the east of Romania, through Romania and intermediate points to three points in the United States of America and beyond *). ---------- Note *) These three points will initially be New York, Chicago and Los Angeles; however, any of these three points can be changed by the Romanian Government, based on a notification addressed to the Government of the United States of America within a period of 30 ((thirty) days. In addition, however, in accordance with the provisions of art. 8 paragraph 7, the air transport companies designated by Romania may also serve the following points in the United States only on the basis of "code share": 1 1) from 1 April 1999 to 31 October 1999 inclusive, 15 points; and 2) from 1 November 1999 to 31 October 2001 inclusive, 30 points. Any of these three points can be changed by the Romanian Government on the basis of a notification addressed to the Government of the United States of America within 30 (thirty) days. ------------