0.748.131.916.31 July 23, 1991 Agreement Between The Swiss Confederation And The Republic Of Austria Concerning The Effects On The National Territory Of Operation Of The Border Near Aerodromes

Original Language Title: RS 0.748.131.916.31 Accord du 23 juillet 1991 entre la Confédération suisse et la République d’Autriche concernant les effets sur le territoire national de l’exploitation des aérodromes proches de la frontière

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0.748.131.916.31 translation agreement between the Swiss Confederation and the Republic of Austria concerning the effects on the national territory of the other Contracting State from the operation of airfields close to the border on July 23, 1991, Instruments of ratification exchanged on January 30, 1992, entered into force on February 1, 1992, the Swiss Confederation and the Republic of Austria hereinafter designated Contracting Parties - recognising the need to protect residents of the aerodrome to Altenrhein against nuisances arising from its operation; - expressing their intention to facilitate flight operations ordered on the basis of legal rules, - aware that this cannot be assured to the Altenrhein airfield by a common use of Austrian airspace, - whereas the efforts of the Republic of Austria to establish and maintain a regular between Altenrhein and Vienna air service -taking into account the importance for the Republic of Austria of the Rhine delta nature reserve, - expressing their intention to grant reciprocity to the effects resulting from the operation of the aerodrome of Hohenems - Recalling their belonging to the Organization of international civil aviation (ICAO), have agreed as follows: article 1 use of Austrian airspace (1) the use of Austrian airspace above the delta of the Rhine for approaches and departures from Altenrhein airfield is authorized in accordance with this agreement and the arrangement referred to in art. 6. the maximum number of overflights by aircraft in Swiss State without being necessary to require an Austrian authorisation is set at septante-cinq per year.
(2) the use of Austrian airspace above the delta of the Rhine, for Swiss internal flights from and destined for the Altenrhein airfield, is permitted without filing an ICAO flight plan.
(3) the Republic of Austria recognizes the student cards issued by Switzerland to student pilots as official aeronautical authorizations in the Altenrhein airfield traffic.

S. 2 structure of the airspace to protect view flights and flights to the instruments, the Contracting Parties will develop to Altenrhein airfield, in the form of a controlled airspace or aerodrome traffic zone, international airspace technically structured according to the requirements of aviation safety. The terms and conditions will be laid down in the arrangement referred to in art. 6 s. 3 approach and take-off procedures (1) the Swiss federal Office of civil aviation will bring to the knowledge of the Austrian authority of civil aviation, as well as the joint commission (art. 9), approach and procedures of takeoff from Altenrhein airfield, insofar as they affect the Austrian airspace. If the Republic of Austria raise no objection within a period of two months, his consent is deemed as accepted.
(2) the procedure for flight and flight to Western instruments in force at the signing of this agreement are considered approved.
(3) there is landing from the West and take off to the West as far as weather conditions permit and were opposed not grounds for aviation safety. Take-offs to the aerodrome circuits must each time be carried out westward as far as the maximum the tailwind component allows.

S. 4 exposure to noise (1) exposure to the noise of aviation from the Altenrhein airfield operation will be determined and evaluated according to the Swiss for the Swiss territory law and Austrian law for the Austrian territory. If necessary, technical remediation measures will be also governed by these provisions.
(2) the al. 1 does not affect the other provisions aimed at reducing noise and which are provided for in this agreement and the agreement referred to in art. 6 s. 5 reciprocity for airfield Hohenems (1) If, as a result of a possible enlargement of the aerodrome of Hohenems, it was necessary to use Swiss airspace, the Switzerland will give its agreement under the same conditions as those that are valid for use by the Switzerland of the Austrian approaches to airspace and take-offs to Altenrhein.
(2) art. 4 shall apply by analogy to the aerodrome of Hohenems.

S. 6 implementation of the agreement the implementing of this agreement will be laid down in an arrangement between the Swiss federal Department of transport, communications and energy and the Minister of public economy and transport of the Republic of Austria.

S. 7 mutual legal assistance and administrative the Contracting Parties shall agree on mutual legal and administrative assistance in the prosecution of all offences to the requirements of air law in relation to flights to and from aerodromes Altenrhein and Hohenems, as well as in the execution of their decisions. In this case, the competent authorities may immediately enter into a relationship with each other.

S. 8 equal treatment for an Austrian company of air transport an Austrian air transport company which operates a regular service of a point in Austria to Altenrhein will have the possibility to use the aero-drome to Altenrhein and its technical and operational equipment requirements equivalent to those granted to Swiss companies.

S. 9 Joint Committee (1) the Contracting Parties constitute a joint commission that will work: a) treat each question in relation to the interpretation and application of this agreement and the agreement referred to in art. 6 and all that relates to it, and to define the measures to be taken, b) advise possible amendments to this agreement and the arrangement referred to in art. 6, c) to formulate for the competent authorities of the recommendations in paragraphs a) and b).

(2) the commission is composed of three Swiss members and three Austrian members who may be accompanied by experts. Each Contracting Party shall appoint one member as president of his delegation. Each delegation Chairman may convene the commission by means of an application addressed to the Chairman of the other delegation. The commission shall meet no later than within two months following the filing of the application.
(3) the commission shall take its decisions unanimously. It has an internal regulation.
(4) at the request of a delegation, it will take place, taking into account the legal requirements, to grant him the right to consult documents of operation of aerodromes Altenrhein and Hohenems necessary for the fulfilment of its tasks.

S. 10 disputes (1) disputes arising concerning the interpretation or application of this agreement and the agreement referred to in art. 6 shall be settled by the Joint Committee.
(2) where a dispute between two Contracting Parties cannot be settled by the Joint Committee, there is place to submit at the request of one of the Contracting Parties to an arbitral tribunal.
(3) the arbitral tribunal will be formed of case by case. Each Contracting Party will appoint a member and two members will agree on the choice of a Member belonging to a third State which will work as President. It will be appointed by the Governments of the Contracting Parties. Members will be appointed in two months and the President within three months following the date on which a Contracting Party has notified to the other willingness to submit the dispute to the arbitral tribunal.
(4) in the case where the deadlines given in para. 3 are not respected, each Contracting Party may, in the absence of another arrangement, ask the President of the Council of ICAO to make the necessary appointments. If the President is a national of one of the Contracting Parties, or if it is prevented for other reasons, his replacement will have to proceed with the appointment.
(5) the arbitral tribunal makes its decisions by the majority. They are mandatory. Each Contracting Party shall bear the expenses of the umpire whom he named as well as those of its representation in the procedure before the arbitral tribunal; expenses of the President, and all other costs, are borne by the Contracting Parties for each half. For the rest, the arbitral tribunal itself stops its procedure.
(6) in relation to the quote and the hearing of witnesses and experts, the courts and the administrative authorities of the two Contracting Parties shall, for queries of the arbitral tribunal for the Government concerned, a mutual assistance and administrative similar to that which they grant to foreign civil courts.

S. 11 final provisions (1) this agreement is subject to ratification. Instruments of ratification shall be exchanged at Berne as soon as possible.
(2) this Agreement shall enter into force the first day of the month following the month in which the instruments of ratification have been exchanged. The exchange of notes on 21 December 1956 between the Swiss Government and Austrian on the exceptional use of Austrian airspace by Swiss State aircraft ceases to have effect upon the entry into force of this agreement.
(3) this agreement is valid for an indefinite period. It may be terminated at any time in writing through the diplomatic channel and shall cease to have effect one year after the notification.

(4) in the event of termination, the Contracting Parties immediately begin negotiations on a new common regulations concerning the effects of the exploitation of their airfields near the border.
Made in Bregenz, on July 23, 1991, in two copies.

For the Swiss Confederation: for the Republic of Austria: René Felber Alois Mock RO 1992 979 the original text is published, we the same figure, in the German edition of this manual.

State on June 10, 1997

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