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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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 PARLIAMENT ISSUING published in MONITORUL OFICIAL nr. 353 of 26 July 1999, the Romanian Parliament adopts this law.


The sole article Shall ratify 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.
This law was adopted by the Senate at its meeting on 26 April 1999, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. PRESIDENT of the SENATE, DANIELS T this law was adopted by the Chamber of deputies at its meeting of 22 June 1999, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT, PAULA IVANESCU agreement between the Governments of Romania and the United States of America relating to air transport Governments of Romania and the United States of America, hereinafter referred to as the parties, wishing to encourage an international aviation system based on competition between airlines in the market, with minimal involvement and regulation from the Government, desiring to facilitate the development of international air transport opportunities given the opportunity, wanting to air transport companies to provide various services to passengers for options at the lowest prices, which are non-discriminatory and non-abuse of dominance, and wishing to encourage individual air carrier companies to develop and to introduce new competitive prices, aiming to ensure the highest degree of safety and security in air transport international and reafirmandu-and the deep concern with regard to acts or threats the security of aircraft, that put in jeopardy the safety of persons or property, adversely affect the operation of air transport and journalists win lawsuit against public confidence in the safety of civil aviation, and the parts of the Convention on international civil aviation, opened for signature at Chicago on 7 December 1944, have agreed as follows: Article 1 Definitions for the purposes of the provisions of this agreement, unless otherwise specified the terms: 1. aeronautical authorities means, in the case of Romania, the Ministry of transport or its successor, and the United States of America, Department of transportation, or the successor or;
2. Agreement shall mean this agreement, its annexes, and any amendments thereto;
3. air transport means of public transportation with the aircraft of passengers, baggage, goods and mail, separately or in combination, against payment or by contract;
4. the Convention means the Convention on international civil aviation, opened for signature at Chicago on 7 December 1944, and includes: a) any amendment that has entered into force pursuant to article 13. 94 a) of the Convention and which has been ratified by both parties; and b) any annex or any amendment thereto adopted under article. 90 of the Convention, insofar as such annex or amendment is in force at that time for both sides;
  

5. the designated air carrier company shall mean an air carrier designated and authorized in accordance with article 5. 3 of this agreement;
6. total cost means the cost of the service provided, plus a reasonable charge for administrative costs;
7. air transport international air transport means that crosses the airspace of several States;
8. price shall mean any price, tariff or charge for the carriage of passengers (and their baggage) and/or cargo (excluding post) on the air, perceived by air transport companies, including their agents, and the conditions governing the use of such a price, tariff or fee;
9. non-stop means a landing for any purpose other than to embark or disembark passengers, baggage, cargo and/or posting in air transport;
10. for Romania territory means terrestrial areas subject to the sovereignty, jurisdiction and protection and territorial waters adjacent thereto. For the United States of America territory means the land areas under the sovereignty, jurisdiction, protection or guardianship, as well as the territorial waters adjacent thereto;
11. the tariff for the use of companies charged rate means air carriers for the use of airport facilities and services, airline or airline security, including related services and facilities.


Article 2 Grant of traffic rights 1. For making air transport international air transport companies of the other party, each Party shall grant the other party the following rights: to) the right to overfly its territory without landing;
  

b) the right to make stops in its territory; and (c)) those rights otherwise specified in this agreement.
  

2. No provision of this article shall not be construed to confer upon the company or companies operating air carrier of one party the right to embark on the territory of the other party, passengers and their baggage, cargo, or mail carried against and intended for another point in the territory of the other party.


Article 3 Designation and authorization 1. Each Party shall have the right to designate as many air transport companies wants to perform international air transport in accordance with this agreement and to withdraw or amend these desemnari. These desemnari will be forwarded to the other party in writing, through diplomatic channels, and shall specify whether the air transport company is authorized to conduct the type of air transportation specified in annex 4. I or II, or in both.
2. on receipt of such desemnari and applications from the designated air carrier company, in the form and in the manner prescribed for operating authorizations and technical permissions, the other party shall grant appropriate authorizations as soon as possible, provided that: (a)) share substantial and effective control of the air carrier company belong to the party that has designated the air carrier company nationals of that party, or both;
  

b air transport company) designated to be qualified to fulfil the conditions prescribed by the laws and regulations that apply in the ordinary way of conducting international air transportation by the party examines the application or applications; and (c)) designating the air transport company to maintain and to administer the standards referred to in article 21. 6 (Safety) and article 3. 7 (Aviation Security).
  


Article 4 revocation of authorisation 1. Either party may revoke, suspend or limit the operating authorisations or technical permissions of an air carrier designated by the other party if: a) share substantial and effective control of the air carrier is owned by the other party, to the citizens of that party or by both;
  

b air transport company) fails to comply with the laws and regulations referred to in article 1. 5 (application of laws); or c) the other party does not maintain and enforce standards as referred to in art. 6 (Safety).
  

2. except where immediate action is essential to prevent future deviations from subparagraphs 1b or 1 c)) of this article, the rights established by this article shall be exercised only after consultation with the other party.
3. This article does not limit the rights of any of the two parties to deny, revoke, limit or impose conditions in respect of the operating authorisation or licensing of a company's technique of aviation or aviation companies of the other party, in accordance with the provisions of art. 7 (Aviation Security).


Article 5 application of laws 1. At the entrance in the territory of a party, during the stay or departure from the territory in question, air transport companies of the other party shall be conforming to the laws and regulations of the party concerned, relating to the operation and navigation of aircraft.
2. Upon entering the territory of a party, during the stay or departure from the territory of the respective laws and regulations of the party concerned, relating to the admission to or departure from its territory of passengers, crew or cargo with aircraft (including regulations relating to entry, authorization, security of Aeronautics, immigration, passports, customs and quarantine or, in the case of mail, postal regulations) shall be complied with by or on behalf of passengers crew, or in relation to goods carried by air transport companies of the other party.


Article 6 Safety 1. Each Party shall recognize as valid, for the purpose of air transport provided for in this agreement, certificates of airworthiness, certificates of competency and licenses issued or validated by the other party and which are still in force, on condition that the requirements for such certificates or licences must be at least equal to the minimum standards which may be established in accordance with the Convention. Yet each party may refuse to recognize as valid, for overflights of their own territory, or certificates of competency and licenses granted to or validated for its citizens by the other side.

2. Each of the two parties may wax consultations concerning the safety standards maintained by the other party relating to aeronautical facilities, aircrews, aircraft, and aircraft the operation of air transport companies. If, following such consultations, one party finds that the other party does not effectively maintain and administer safety standards and requirements in these areas, so as to be at least equal to the minimum standards which may be established in accordance with the Convention, the other party shall be notified of such findings and the measures it deemed necessary in order to comply with the minimum standards and the other party shall take appropriate corrective measures. Each side has its reserve the right to refuse, revoke or limit the operating authorisation or licensing of a company's technique of aviation or aviation companies designated by the other party if the other party does not undertake appropriate corrective action within a reasonable period of time.


Article 7 Aviation Security 1. In accordance with their rights and obligations, set out in international law, the parties reaffirm that their obligation of mutual security of civil aviation against unlawful acts form an integral part of this agreement. Without prejudice to their rights and obligations in accordance with international law, the Parties shall in particular act in conformity with the provisions of the Convention relating to offences and certain other acts committed on board aircraft, done at Tokyo on 14 September 1963, the Convention for the Suppression of unlawful taking of aircraft, signed at the Hague on 16 December 1970, and the Convention for the Suppression of unlawful acts directed against the security of civil aviation , done at Montreal on 23 September 1971, and when it is in force for both parties, the Protocol for the Suppression of unlawful acts of violence at airports serving international civil aviation, done at Montreal on 24 February 1988.
2. the Parties shall grant each other mutual assistance, upon request, the maximum necessary to prevent acts of illegally catching of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers and crew, and of airports and air navigation facilities and will provide the necessary attention to any threat to the safety of air navigation.
3. the parties will act in their mutual relations in accordance with the standards for aeronautical safety and appropriate recommended practices established by the International Civil Aviation Organization and designated as annexes to the Convention; They shall require that operators of aircraft registered in that country, operators of aircraft who have their principal place of business of the company 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 aeronautics.
4. Each Party agrees to comply with the provisions relating to safety, required by the other party to enter the territory, leaving the territory and during the stay in the territory of the other party, and to take appropriate measures to protect the aircraft and to control passengers, crew, baggage and hand baggage, and cargo and ship's stores prior to and during boarding or loading. Also, each side will be given due consideration to any request from the other party for special security measures relating to make a specific threat.
5. When an incident occurs or threat of an incident of unlawful capture of an aircraft or other unlawful acts against the safety of passengers, crew, aircraft, airports or air navigation facilities, the Parties shall grant each other assistance by facilitating communications and other specific measures with the intention of ending quickly and without trace of such an undesirable incident or of such threats.
6. When a party has reasonable grounds to believe that the other party was straying from the provisions of this article with regard to the safety of aviation, the aeronautical authorities of that party may request immediate consultations with the aeronautical authorities of the other party. If the two sides fail to reach a satisfactory agreement within 15 days from the date of such a request, this would constitute grounds to withhold, revoke, limit or impose conditions on the operating authorization and payment authorizations of one or several air transport companies of that party. In case of emergency, a party may take a provisional measure before the expiry of 15 days.


Article 8 provided Opportunities for conducting commercial activity 1. Air transport companies of each of the Parties shall have the right to establish and maintain offices or agents 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 be entitled, in accordance with the laws and regulations of the other party relating to entry, residence and employment on its territory, to bring and maintain in the territory of the other party's senior staff, sales, technical, operational, and other specialist staff required for shipment by air. Each Party shall grant, in accordance with its laws and regulations, employment authorizations required, visas or other similar documents required for this type of staff.
3. Each company designated air carrier shall have the right to conduct its own ground handling in the territory of the other party (self-handling) or, if it so desires, to choose between advertisers willing to carry out the services in whole or in part. The rights shall be subject only to the restrictions resulting from physical considerations of airport safety. Where such reasons exclude self-handling, ground services will be available on an equal basis for all air transport companies; charges will be based on the costs of the services provided and such services shall be compatible with the type and the quality of services, as if self-handling would have been possible.
4. Any air transport, designated by each party may engage in the sale of air transport services and shall have the right to advertise and to encourage the sale of such services in the territory of the other party directly through their own agencies and, if the company wants, through its agents and/or travel, except as may be expressly provided in the rules relating to specificăţii charter flights of the country in which the Charter flight originated and which relate to the protection of passenger funds and reimbursement rights in case of cancellation. Every air carrier company shall have the right to sell such transportation, and any person will be free to purchase such transportation, in the currency of that Member State or in a currency freely convertible.
5. Every air transport shall have the right to convert and transfer in his country, on demand, local revenues and operating result of sums paid locally. Convert and transfer will be allowed without restrictions and prompt without collecting taxes, and shall be made at the exchange rate best in force on the date on which the conversion takes place.
6. air transport Companies of each of the Parties shall be permitted on the territory of the other party to pay in local currency for local expenses, including for the purchase of fuel. The air transport companies of each of the parties can pay for such expenses in the territory of the other party in freely convertible currencies according to local currency regulations.
7. In accordance with the provisions of the annex. IV, in conducting or providing services on the specified routes authorized any company designated air carrier of one party may be a party to the agreements on cooperation in marketing such as blocked-space "," code-sharing "or rental operations, with: a) an air carrier or air carriers companies of any of the parties; and b) air transport or air transport companies of a third country, provided that this third country to authorize or permit the related agreements between air transport companies of the other party and the other companies of the air carriers using their services to, from and through this third country, provided that all air transport companies in such arrangements : 1) have appropriate authority; and 2) to meet the requirements normally applied to such arrangements.

8. Despite any other provision of this agreement, air transport companies and indirect providers of cargo transportation of both sides will be allowed to use without restriction, in connection with international air transportation, any ground transportation for cargo to or from any point within the territories of the parties, or in a third country, including transport to and from all airports equipped with customs and including, where possible, the right to transport cargo in the warehouse in accordance with applicable laws and regulations. Such goods, whether they are carried to the ground or by air, will have access to the facilities of airport formalities and customs. Air transport companies can opt for their own transport to the ground or to provide these services through agreements with other firms for ground transportation, including ground transport performed by other air transport companies and other providers of indirect air carrier. Such intermodal cargo services may be offered at a single price that includes both airlift and the ground, provided that the transport companies are not permitted to submit erroneous data relating to such carriage.


Article 9 customs duties and tariffs 1. Upon arrival in the territory of a party to the aircraft used for international carriage by air by the air carriers designated by the companies of the other party, their equipment, their equipment, fuels, lubricants, technical materials consumables, spare parts (including engines), stores (which includes, but is not limited to such items as food, soft drinks and alcoholic beverages, tobacco and other products in limited quantities, for sale or use by passengers during the flight) and other articles intended for or used only in connection with the operation, or the operation of aircraft engaged in international air transportation will be exempt, on the basis of reciprocity from all import restrictions, taxes on property, capital taxes, customs duties, excise duties and other such charges: (1) are imposed by the national authorities and (2) are not based on the cost of the services provided , provided such equipment and supplies to remain on the aircraft.
2. Will also be exempt, on the basis of reciprocity, fees, taxes, charges, import-export duties and other taxes to which reference is made in paragraph 1 of this article, with the exception of charges based on the cost of the service provided: a) aircraft stores introduced into or supplied in the territory of one party and taken on board, within reasonable limits, for use in the outside borders a company aircraft, air carriers of the other party engaged in international air transportation, even when these supplies are to be used on a part of the journey performed over the territory of the party in which they have been taken on board;
  

b) soil and equipment spare parts (including engines) introduced into the territory of a party to the operation, maintenance or repair of aircraft of an air carrier of the other party used in international air transportation;
  

c) fuel, lubricants and consumable technical materials introduced into or supplied in the territory of a party to be used by an aircraft of air transport companies of the other party engaged in international air transportation, even when these supplies are to be used on a segment of the journey performed over the territory of the party in which they have been taken on board; and (d)) and advertising materials introduced into or supplied advertising within the territory of one party and taken on board, within reasonable limits, for use in aircraft out of a company's boundaries with air carriers of the other party engaged in international air transportation, even when these supplies are to be used on a segment of the journey performed over the territory of the party in which they have been taken on board.
  

3. It may be required that equipment and consumables to which reference is made in paragraphs 1 and 2 of this article to be kept under the supervision or control of the appropriate authorities.
4. the Exemptions referred to in this article shall be valid and where air transport companies of one party have contracted with another company benefiting from the air carrier, in its turn, such exemptions have been granted by the other party, for the loan or transfer in the territory of the other party of the items specified in paragraphs 1 and 2 of this article.


Article 10 Tariffs for use 1. Tariffs for the use that may be imposed by the competent authorities or bodies of each party air transport companies of the other party are fair, reasonable, fairly distributed between categories of users and shall be non-discriminatory. In any case any such tariffs for use shall be calculated in relation to air transport companies of the other party on terms no less favourable than the most favourable terms and conditions applicable to any other air transport companies at the time they were calculated.
2. Tariffs for the use of air transport companies imposed of the other party may reflect, but shall not exceed the total costs borne by the competent authorities or bodies for the provision of airport facilities and services, environmental, air navigation, and aviation security, at the airport or within the airport system. This total cost may include a reasonable rate of return on assets after depreciation. Facilities and services for which rates are established will be provided on the basis of effective and economical.
3. Each Party shall encourage consultations between the competent authorities or bodies on its territory and air transport companies that use services and facilities and will encourage the exchange of information between the competent authorities or bodies and air transport companies in order to be able to parse correctly whether the charges 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, users of any proposed changes to charges for use, in order to allow them to express their views before changes occur.
4. In proceedings for the settlement of disputes, in accordance with art. 14, no party will be deemed to have violated any of the provisions of this article, except where: (i) within a reasonable period fails to carry out an analysis of tariff or the proceedings which are the subject of the claim to the other party; or () as a result of such an analysis fails to take all measures pertaining to its competence to fix any fee or procedure that is in contradiction with the provisions of this article.


Article 11 fair competition 1. Each side will be given fair and equal opportunities to companies designated air carriers of both sides to participate in fair competition in the provision of international air transport services in accordance with this agreement.
2. Each Party shall allow each designated air carrier companies to determine the frequency and capacity of the international air transportation it offers based upon commercial considerations of market. According to this law, none of the two sides will not unilaterally limit the volume of traffic, frequency or regularity of service, or the aircraft type (s) used by the designated air carrier companies of the other party, except in cases where this might be required by considerations of customs, technical, operational, or environmental protection, based on uniform provisions concerning the conditions in accordance with article 5. 15 of the Convention.
3. No party shall require designated air carrier companies of the other party a first refusal requirement, the carrier, the charge for the "no-objection" or any other requirement with respect to capacity, frequency or traffic type, applicable scheduled or charter air transport, which would not be in accordance with the provisions of this agreement.
4. Neither of the two sides will not require submission for approval of schedules, programs for charter flights, or operational plans of air transport companies of the other party, except for cases where this might be required on non-discriminatory basis for imposing uniform conditions referred to in paragraph 2 of this article or when this is explicitly authorized in an annex to this agreement. If a party only requires registration in order to inform the aforementioned documents from air transport intermediaries and companies designated air carriers of the other party, it will reduce as much as possible the administrative formalities relating to the requirements and procedures for the registration of documents.


Article 12 pricing 1. Each Party shall allow prices for air transportation service to be established by each designated air carrier company and be based on commercial considerations. The intervention of the Parties shall be limited to: a) the prevention of excessive fares and discriminatory practices;
  

b) protection of consumers against prices that are excessively high or restrictive due to the fact that abuse a dominant position; and
  


c) air transport companies protection against prices that are artificially low due to subsidies or Government support either directly or indirectly.
  

2. Each Party may wax service submission at its aeronautical authorities of prices to be charged to or from the territory of, or by air transport companies of the other party. Notification or filing by air transport enterprises of both parties may be requested with a maximum of 30 days before the date proposed for their entry into force. In individual cases, notification or filing may be allowed in a period shorter than that required in the normal way. Neither of the two sides will not require notification or filing by air transport companies of the other party of prices paid by public companies that perform charter flights, except as may be required on a non-discriminatory basis for information.
3. None of the parties will not take unilateral action to prevent the introduction of a price proposed to be charged or charged by the continuation of one already: a) an air transport of any party for international air transportation between the territories of the parties; or b) air transport of part for international transportation between the territory of the other party and any other country, including in both cases transportation on the basis of inter-or intra-line line.
  

If a party believes that such a price would be contrary to the considerations set out above in paragraph 1 of this article, it shall request consultations and will notify, as soon as possible, the other party's reasons for his nemultumirilor. These consultations shall be held not later than 30 days after receipt of the application and the parties will co-operate in providing information necessary for the resolution of the dispute within reasonable. If the parties reach an agreement on the price for which a notification has been made for the expression of discontent, each side will make efforts to implement this understanding. If you reach such an understanding, the price will go into effect or will 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 at once as soon as possible, but no later than 60 days after the date on which the other party has received the request, except to the extent that it has been agreed otherwise. This agreement may be amended by written agreement of the parties. The amendments will enter into force on the date of exchange of diplomatic notes, following completion of all necessary internal procedures of the parties.


Article 14 settlement of disputes 1. Any dispute arose in the interpretation of this agreement, except those which may arise from the interpretation of paragraph 3 of article 12. 12 (pricing), which is not resolved by a first round of formal consultations may be given with the consent of the parties, to the analysis and decision, a person or a body. If the parties do not understand so, the dispute shall be submitted, at the request of either party, the arbitration in accordance with the procedures referred to below.
2. Arbitration shall be made by a tribunal composed of 3 arbitrators, which will be made as follows: a) each Party shall appoint an arbitrator within 30 days of receipt of a request for arbitration. Within 60 days of the appointment of the two arbitrators, they shall agree on the appointment of the third arbitrator, who shall act as Chairman of the Arbitration Tribunal.
  

b) If none of the parties fails to appoint an arbitrator or if the third arbitrator is not appointed in accordance with the fourth subparagraph of this paragraph), any party may wax President International Civil Aviation Organization to appoint within 30 days the referee or referees. If the President of the Council is of the same nationality as that of either of the parties, the Vice-President with the highest rank who is not disqualified on that ground alone will make the appointment.
  

3. Unless agreed otherwise, the Arbitration Tribunal shall delineate the jurisdiction in accordance with this agreement and shall establish its own rules of procedure. Once constituted, the Tribunal may recommend measures to resolve the dispute temporarily, pending the final decision. In the words of the Tribunal or at the request of any party, but not later than 15 days after the date on which the Tribunal was constituted, it will hold a meeting in order to establish clear disputes to be arbitrated and the specific procedures to be applied.
4. unless agreed otherwise or the Court has ordered, each Party shall submit to the Tribunal a memorandum within 45 days from the time it was formed entirely. Replies will be given within 60 days. The Tribunal, at the request of either party or on its own initiative, will hold a hearing within 15 days after the deadline for the receipt of the answers.
5. The Tribunal will try to submit a written determination within 30 days after the conclusion of the hearing or where there has been no hearing, the date both replies were submitted. The majority of the Court judgment shall prevail.
6. the parties may submit requests for clarification of the decision within 15 days from the date on which it was submitted and any clarification will be issued within 15 days of receipt of such a request.
7. Each Party shall implement any judgment or award of the Arbitration Tribunal, insofar as this is in accordance with national legislation.
8. the expenditure of the Court of arbitration, including the fees and expenses of the arbitrators shall be divided equally between the parties. Any expenditure made by the Chairman 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 of any party may at any time notify the other party in writing of its decision to terminate this agreement. Such notice shall be sent simultaneously to the International Civil Aviation Organization. This agreement will be terminated within one year from the date of the written notification, unless the notice is withdrawn by agreement between the parties, before the expiration of the period.


Article 16 registration of the O.A.C.I. this agreement and all amendments thereto shall be registered with the International Civil Aviation Organization.


Article 17 entry into force this Agreement shall enter into force on the date of exchange of diplomatic notes, following completion of all necessary internal procedures of the parties. Entry into force this Agreement shall replace the agreement between the Government of the Socialist Republic of Romania and the Government of the United States of America in 1979, who modified and amended the civil air transport Agreement of 4 December 1973, as well as additions and amendments thereto.
In witness whereof, the undersigned, being duly authorised thereto by the fully their respective Governments, have signed this agreement.
Signed at Washington on 15 July 1998, in two originals, in the Romanian and English languages, both texts being equally authentic.
For the Government of Romania, Traian Basescu For the United States Government, Strobe Talbot SCHEDULED AIR TRANSPORT Annex 1 section 1 Routes on the basis of the provisions of the annex. IV air transport companies of each of the Parties designated pursuant to this annex, shall be entitled, in accordance with the terms of their appointment, to carry out international regular air transport between points on the following routes: a. Routes for the company or companies of air carriers designated by the Government of the United States of America:-from points situated geographically to the West of the United States of America , via United States of America, and intermediate points to a point or points in Romania and beyond.
B. Routes for the company or companies of air carriers designated by the Government of Romania: from points situated geographically to the East of Romania, via Romania, and intermediate points to a point or points in the United States of America and beyond.


Section 2 of the operating Flexibility of Each air transport can, in any or all flights and at his choice: 1. to carry out flights in either of the two directions, or in both directions;
2. to combine different flight numbers during the operation of a single aircraft;
3. to attend to the geographic points prior, intermediate and points beyond, and points to the territory of those parties on the routes in any combination and in any order;
4. omit stops at any point or points;
5. to transfer passengers and/or goods from any of its aircraft to any of its other aircraft at any point on these routes; and 6. to attend to the geographic points prior to any point on its territory with or without change of aircraft or flight number, to present and make the advertisement of such services to the public, as direct services, without geographical restrictions and without direction or the loss of any rights to conduct commercial transport, which is otherwise permitted under this agreement provided the service to attend to a point in the territory of the party that has designated the air carrier company.


Section 3 Changes of limits

On any segment or segments of the routes mentioned above to any company designated air carrier may perform international air transport, without any limitation in terms of changing at any point on the route, the type or number of aircraft with which it operates, provided as an external transport destination ahead of such a point to be a continuation of the transportation from the territory of the party that has designated the air carrier company and on an internal transport to the territory of the party that has designated the air carrier company to be a continuation of carriage ahead of this point.


Annex 2 section 1 CHARTER AIR TRANSPORT air transport Companies of each party designated under this annex shall be entitled, in accordance with the terms of their appointment, to carry out international commercial charter transportation of passengers (and their baggage) and/or cargo [including, but not limited to charter flights for freight transport, charter and partially charter combined (passenger/cargo)]: * between any point or points in the territory of the party that has designated the air transport company and any point or points the territory of the other party; and between any point or points in the territory of the other party and any point or points from a third country or countries, provided that such service to be part of a continuous operation, with or without change of aircraft, including service to the country of origin, for the purposes of local transportation between your home country and the territory of the other party.
In carrying out the services contained in this annex air transport companies of each of the Parties designated pursuant to this annex shall also have the right to: 1) to make stopovers at any points whether within or outside the territory of either party; (2) to carry out commercial transport in transit across the territory of the other party; (3) to combine on the same aircraft commercial transport from 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 operate international air transport without any restrictions, so that it can change at any point on the route, the type or number of aircraft with which it operates, provided as an external transport destination ahead of such a point to be a continuation of the transportation from the territory of the party that has designated the air carrier company and on an internal transport to the territory of the party that has designated the air carrier company to be a continuation of carriage ahead of such a point.
Each side will consider favourably applications for performing commercial transport, not provided for in this annex, of the air transport companies of the other party, on the basis of reciprocity and mutual agreement.


Section 2 of Any air transport designated by either party performing international charter air transportation in either one-way, round-trip either, having its origin in the territory of either party, will be able to comply, at your choice, whether laws, regulations and rules of the charter of the country of origin or those of the other party. If a party apply rules, regulations, terms, conditions or limitations varying one or more air transport companies of different countries, each designated air carrier company will be subject to the one less restrictive criterion.
However no provision of the preceding paragraph shall limit the rights of either party to require airlines, companies designated by either party pursuant to this annex, to comply with the requirements relating to the protection of passengers ' monies, of the right of cancellation of booking with reimbursement of the ticket.


Section 3 Except the rules relating to consumer protection which was referred to in the preceding paragraph, none of the sides will not require an air transport companies, designated by the other party pursuant to this annex, in connection with the provision of commercial transport on the territory of the other party or of a third country, in one way or round trip to submit more than a statement of compliance with laws, regulations and the rules referred to in section 2 of this annex or a declaration of exemption from the provisions of this Act, the regulations or the rules, granted by the aeronautical authorities.


Annex 3 PRINCIPLES of non-discrimination and free competition between computerised reservation systems (CRS) Acknowledging that art. 11 (fair competition) in this agreement guarantees the air transport companies of both sides ' fair and equal chances to compete ", as one of the most important aspects of a company's capacity of air carriers to compete is its ability to inform the public of its services in an equitable and impartial manner and that, therefore, the quality of information regarding the company's air transport services who is available to travel agents who directly distribute this information to the public, and the ability of an air transport companies to offer those computerized reservation systems agents competitive (CRS) is the basis for chances in the competition of a transport company, and considering that it is appropriate, in equal measure, to ensure that the interests of the beneficiaries of air transport services are protected from any misuse of such information and erroneous presentations and as air transport companies and travel agencies have access to computerized reservation systems that are in the competition: 1. The parties agree that the CB to have hits, for which integrated primary: a) information with respect to international air services, including forming links within these services, will be edited and presented on the basis of objective and non-discriminatory criteria which are not influenced directly or indirectly, the identity of the operating air carrier company or market. Such criteria are applied uniformly to all participating air carrier companies;
  

b) databases, CRS will be more comprehensive;
  

c) providers of CRS will not delete information from the participating air carrier companies; such information will be accurate and clear; for example, where the "code-share" with the amendment of limits, and flights call should be clearly identified as having those characteristics;
  

d) all CRS that are available to travel agents who directly distribute information concerning air transport companies by the public passenger in the territory of any party not only will they be forced to operate, but will also have the right to operate in accordance with the rules applicable to CB territory that CRS is used;
  

e) travel agents will be allowed to use any secondary display available through the CRS, as long as the travel agent makes a specific request for that display.
  

2. A Party shall require that each CRS vendor operating on its territory allow all air transport companies willing to pay a fee to participate in a non-discriminatory, CB. Part will require that all distribution facilities offered by a provider of CRS to be offered on non-discriminatory basis to all air transport companies. Part will impose on providers of CRS to display, on the basis of objective, non-discriminatory, neinfluentate of the transport company or the market, air services international aviation companies participating, on all the markets on which they wish to sell these services. Upon request, a provider of CRS will make known details on updating database data and procedures for storing its data base, its criteria for editing and ranking information, the weight given to such criteria, and the criteria used for choosing the points of connection and connection flights.
3. CRS vendors operating on the territory of a party shall have the right to introduce, to maintain and to provide free travel agents CRS or travel companies whose principal activity is the distribution of travel services in the territory of the other party if the CRS complies with these principles.
4. No party shall require or permit to be imposed on the territory or the suppliers of the other party's CRS you requirements more stringent than those imposed on its own CRS vendors with respect to access to and the use of communications facilities, the selection and use of computer hardware or software from the hard drive and installing CRS CRS.
5. No party shall require or permit to be imposed on the territory or the suppliers of the other party's CRS you requirements more stringent than those imposed on its own CRS vendors CRS information displayed (including parameters and selecting), operation or sales.

6. CRS which are used in the territory of a party and which are in accordance with those principles and standards of the regulatory, technical and relevant and non-discriminatory security shall have the right to effective access and unlimited in the territory of the other party. One aspect of this issue is that a designated air carrier company will have equal access to the extent such a system in the country of origin, as well as any other system offered travel agents in the territory of the other party. The owners/operators of CB in a party will have equal chances to own/operate the CRS which comply with these principles in the territory of the other party, as they and the owners/operators of that party. Each Party shall ensure that the air transport companies and suppliers of CB to not discriminate against travel agents in the territory of their country of origin due to ownership or operation of a CRS used, and also on the territory of the other party.


Annex 4, TRANSITIONAL PROVISIONS 1. "Code sharing" third country contrary to the provisions of paragraph 7 of article. 8, no later than 1 November 2001 the companies designated air carriers of each party may perform or present services in combination "code sharing" between points in the territory of that party and the territory of the other party via an intermediate point or points, as specified in the annex. I, in accordance with the arrangements "code sharing" between an air transport of that party and an air carrier of a third country, only as follows: (a)) from 1 April 1999 to 31 October 1999, including the rights referred to may be exercised in paragraph 7 (b)) of art. 8 no more than three air transport companies for each part;
  

b) from 1 November 1999 to 31 October 2001 may exercise the rights provided for including in paragraph 7 (b)) of art. 8 no more than four companies of air transportation for each part;
  

c) to provide services in accordance with the provisions of section 1, a designated air carrier of the United States of America can offer the same number of frequencies as those used by the partner or partners "code sharing" during any week of any previous calendar year, with effect from 1 January 1997;
  

d) for the purposes of the provisions of section 1 (b). c) above a frequency is defined for an air carrier of the United States of America as a round trip, according to an arrangement of "code-share" with an air carrier of a third country, to and from the first point of arrival in the territory of the other party.
  

2. Services offered by the Romanian air transport companies, contrary to the provisions of section 1 of the annex. I, aviation companies designated by the Government may be providing transport to the United States of America as follows: (a)) until 31 March 1999, at points situated geographically to the East of Romania, Romania and through intermediate points from Belgium, Bulgaria, Czech Republic, Denmark, France, Germany, Hungary, Ireland, Malta, the Netherlands and Slovakia by New York and Chicago with a total of 7 times a week (no more than 5 New York), each point served as as a frequency, regardless of whether both points are used in a single flight and further towards Montreal. If, however, during this period a company or air transport companies of the United States of America offers a regular service combined the Romania, using its own aircraft, air transport companies designated by Romania can offer the same number of frequencies as the company or air transport companies of the United States of America;
  

b) from April 1, 1999 to October 31, 2001, inclusive, from points situated geographically to the East of Romania, Romania and through intermediate points towards three points in United States of America and beyond).
  

— — — — — — — — — — * Note) these three points will be originally New York, Chicago and Los Angeles; However, 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 within a period of 30 (thirty) days. In addition to this, however, in accordance with the provisions of art. 8 paragraph 7, of the designated air carrier companies from Romania can also serve the following points in the United States only on "code-share": 1) with effect from 1 April 1999 to 31 October 1999, 15 points; and 2) from 1 November 1999 to 31 October 2001, including 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 within a period of 30 (thirty) days.
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