Rs 0.748.127.192.23 February 6, 2007 Agreement Between The Swiss Federal Council And The Government Of The Kingdom Of Cambodia Relating To Scheduled Air Services (With Annex)

Original Language Title: RS 0.748.127.192.23 Accord du 6 février 2007 entre le Conseil fédéral suisse et le Gouvernement du Royaume du Cambodge relatif aux services aériens réguliers (avec annexe)

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0.748.127.192.23 original Swiss agreement between the federal Council and the Government of the Kingdom of Cambodia relating to scheduled air services concluded on 6 February 2007 applied provisionally from 6 February 2007 entry into force April 21, 2015 (status April 21, 2015) considering that the Swiss Confederation and the Government of the Kingdom of Cambodia are Parties to the International Convention relating to civil aviation opened for signature at Chicago on 7 December 1944, wishing to develop international cooperation in the field of air transport, and to establish the basis for the operation of scheduled air services, the Swiss federal Council and the Government of the Kingdom of Cambodia agreed to the following: art. 1 definitions 1. For the purposes of this agreement and its annex: a. the term "Convention" means the Convention on international civil aviation, opened for signature at Chicago on 7 December 1944, and includes any annex adopted under art. 90 of that Convention and any amendment to the annexes or the Convention, in accordance with the art. 90 and 94, so far as those annexes and amendments are applicable to both Contracting Parties; (b) the term "aeronautical authorities" means, with regard to Switzerland, the federal Office of civil aviation, and with regard to the Kingdom of Cambodia, the State Secretariat for civil aviation, or in both cases any person or body authorized to perform the duties that are currently assigned to such authorities; (c) the expression "designated undertaking" means an air transport company one of the Contracting Parties designated, in accordance with art. 6 of this agreement, to operate the air services agreed; d. 'fare' means the price that must be paid for the transport of passengers, baggage and goods, and the conditions in which they apply, including the commissions and other additional compensation for agencies or the sale of tickets, except the remuneration and conditions relating to the transport of postal items.

2. the annex to this agreement is an integral part of it. Any reference to the agreement includes the annex unless otherwise expressly provides.

Art. 2. grant of rights 1. Each contracting party grants to the other Contracting Party the rights specified in this agreement to operate air services on the routes specified in the tables in the annex. These services and these routes are hereinafter referred to "the agreed services" and "specified roads".
2. subject to the provisions of this agreement, the company designated to each Contracting Party has, in the operation of international air services: a. the right to fly over, without landing, the territory of the other Contracting Party; (b) the right to carry out noncommercial stopovers on the said territory; c. the right to embark and disembark in said territory, to the points specified in the annex to this agreement passenger, baggage, goods and mail destined to or from points in the territory of the other Contracting Party; (d) the right to Board and disembark on the territory of third countries, to the points specified in the annex of the present agreement, passengers, baggage, goods and postal items destined to or from points in the territory of the other Contracting Party specified in the annex to this agreement.

3. no provision of this article is interpreted as conferring on the company named one of the Contracting Parties the right to Board against remuneration or contract rental, on the territory of the other Contracting Party, passengers, luggage, goods or postal items destined for another point in the territory of that other Contracting Party.
4. If, as a result of armed conflict, unrest or political developments or special and unusual circumstances the company named of a Contracting Party is not able to operate a service on its normal routes, the other Contracting Party will strive to facilitate the continued operation of this service by rearranging these roads in an appropriate way, including by granting rights to facilitate a viable operation for this period.

Art. 3 exercise of rights 1. Designated companies enjoy, for the operation of the agreed services between the territories of the Contracting Parties, of fair and equal opportunities.
2 the company designated to each Contracting Party will take into account the interests of the designated enterprise of the other Contracting Party in order to not unduly affect the agreed services operated by this last company on all or part of same roads.
3. the agreed services will have main aim to offer transport capacity corresponding to the traffic demand between the territory of the Contracting Party which has designated the company and points served on the specified routes.
4. the right of each company designated to international air transport between the territory of the other Contracting Party and the territories of third countries will be exercised in accordance with the General principles of normal development that both Contracting Parties subscribe and on condition that the ability to be adapted: a. at the request of traffic to and from the territory of the Contracting Party which has designated the company; (b) at the request of traffic of the region in the light of local and regional services; (c) the requirements of economic exploitation of the services agreed.

5. no Contracting Party shall have the right to unilaterally restrict the operation of the company designated to the other Contracting Party, except under the terms of this agreement or to uniform conditions as provided in the Convention.

Art. 4 application of laws and regulations 1. The laws and regulations of one Contracting Party governing entry and exit of the aircraft on its territory assigned to international air navigation or flights of these aircraft above the territory apply to designated enterprise of the other Contracting Party.
2. the laws and regulations of a Contracting Party on its territory the entry, stay and exit of passengers, crew, baggage, goods or postal items - such as those concerning the entry, exit, emigration and immigration, customs and health measures - apply to passengers, crew, baggage, goods or mail carried by the aircraft of the company designated to the other Contracting Party while they are on the territory.
3. no Contracting Party has the right to grant instead of his own business compared to designated enterprise of the other Contracting Party in the application of the laws and regulations referred to in this article.

Art. 5 1 aviation security. In accordance with their rights and obligations under international law, the Contracting Parties reaffirm that their mutual obligation to protect aviation against acts of unlawful interference, to ensure safety, is an integral part of this agreement. Without limiting the generality of their rights and obligations under international law, the Parties Act in particular in accordance with the provisions of the Convention on offences and certain other acts occurring on board aircraft, signed at Tokyo on 14 September 1963, the Convention for the Suppression of the capture seizure of aircraft, signed at the Hague on 16 December 1970 of the Convention for the Suppression of unlawful acts against the safety of civil aviation, signed in Montreal on 23 September 1971, of the additional protocol for the Suppression of unlawful acts of violence at airports serving international civil aviation, signed at Montreal on 24 February 1988 and any other convention or Protocol on the safety of civil aviation, to which the Contracting Parties will adhere.
2 the Contracting Parties grant each other, upon request, all necessary assistance to prevent the hijacking of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers and their crews, airports and facilities and air, as well as any other navigation services threat to the security of civil aviation.
3. the Contracting Parties, in their mutual relations, to comply with the aviation security provisions established by the international civil aviation organization and designated as Annexes to the Convention, insofar as these provisions apply to the Contracting Parties; they require operators of aircraft registered by them, operators of aircraft who have their principal place of business or permanent residence in their territory and the operators of airports located in their territory, as they comply with these provisions to the aviation security.

4 each Contracting Party agrees that these aircraft operators may be required to observe the provisions relating to the aviation security referred to in point 3 of this section and that the other Contracting Party prescribes for the arrival, departure or stay on the territory of that other Contracting Party. Each contracting party ensures that adequate measures are effectively applied within its territory to protect the aircraft and to ensure inspection of passengers, crews, luggage, handbags, luggage, goods and edge, prior to and during boarding or loading supplies. Each contracting party examines also favorably any request addressed to him by the other Contracting Party for reasonable special security measures to be taken to deal with a specific threat.
5. in the case of an incident or threat of hijacking of civil aircraft or other unlawful acts directed against the safety of such aircraft, their passengers and crew, airports or air navigation facilities, the Contracting Parties are helping each other by facilitating communications and by taking all appropriate measures to put an end with speed and security incident or that incident threat.

RS RS RS RS 0.748.710.31 art 0.748.710.3 0.748.710.2 0.748.710.1 6 designation and operating authorization 1. Each Contracting Party has the right to designate one or two airline companies to operate the agreed services. This designation is being written notification between the aeronautical of two Contracting Parties authorities.
2. subject to the provisions of points 3 and 4 of this article, the aeronautical authorities who have received notification of designation grant without delay to the company designated by the other Contracting Party necessary operating permit.
3. the aeronautical authorities of a Contracting Party may require that the company designated by the other contracting party proves that it is able to meet the conditions prescribed by the laws and regulations normally applied to the operation of international air services by such authorities in accordance with the provisions of the Convention.
4. each Contracting Party shall have the right to refuse to grant the operating permit provided for in point 2 of this article or to impose conditions which seemed necessary for the exercise of the rights specified in art. 2 of this agreement, where such Contracting Party does not have proof that companies have their main headquarters of their operation in the territory of the Contracting Party which has designated them and that they are licensed air carrier (AOC) valid, established by the Contracting Party.
5. upon receipt of the authorization of exploitation provided for in section 2 of this article, the company named may at any time use the services agreed upon, provided that the rates established in accordance with the provisions of art. 13 of the agreement are in place.

Art. 7 revocation and suspension of operating authorization 1. Each Contracting Party has the right to revoke or suspend the operating permit for the exercise of the rights specified in art. 2 of this agreement, or to submit the exercise of these rights to the conditions it deems necessary, if: a. it has no evidence that these companies have their main headquarters of their operation in the territory of the Contracting Party which has designated them and that they are licensed air carrier (AOC) valid, established by the Contracting Party , or sib. the company has not observed or has seriously violated the laws or regulations of the Contracting Party having granted these rights, or sic. the company does not operate the agreed services under the conditions set by this agreement.

2. a right may be exercised only after consultation with the other Contracting Party, unless immediate revocation, suspension or imposition of the conditions laid down in point 1 of the present article are necessary to avoid new offences in the laws and regulations.

Art. 8 safety 1. Each contracting party acknowledges the validity of the certificates of airworthiness, certificates of fitness and licenses issued or validated by the other Contracting Party, and which are still in force, for the airline agreed in this agreement, provided that the requirements to obtain these documents correspond at least to the minimum standards in accordance with the Convention.
2. each Contracting Party, however, reserves the right to not recognize, for traffic over its own territory, certificates of fitness, and licences granted to its own nationals or validated by the other Contracting Party.
3. each Contracting Party may request consultations on the safety standards applied by the other Contracting Party to the airport facilities, crews, aircraft and operations of the company named. If, at the end of these consultations, one Contracting Party is of the view that the other Contracting Party does not maintain or not applies effectively in these sectors standards and safety requirements corresponding at least to the minimum standards established under the Convention, the other Contracting Party is informed of the findings and the steps considered necessary to meet these minimum requirements , and it will take the appropriate steps to remedy. In case the other Contracting Party wouldn't take such measures within a reasonable time, the provisions of art. 7 of this Agreement relating to revocation and suspension of the operating license will be applied.

Art. 9 exemption from duties and taxes 1. The aircraft used in international service by the company named of a Contracting Party, as well as their regular equipment, their reserves of fuels and lubricants, their stores, including food, beverages and tobacco, are exempt, at the entrance in the territory of the other Contracting Party, of all duties or taxes, provided that these facilities, reserves and supplies remain on board the aircraft until their re-export.
2 are also exempt from the same duties and taxes, with the exception of royalties due to services rendered: a. stores shipped on the territory of a Contracting Party within the limits set by the authorities of the Contracting Party and intended for consumption on board aircraft used in international service by the company named the other Contracting Party; (b) spare parts and equipment normal dash imported on the territory of a party Contracting Party for the maintenance or repair of aircraft used in international service; c. the fuels and lubricants intended for the refuelling of the aircraft used in international service by the company named of a Contracting Party, even when these supplies must be used on the part of the journey performed over the territory of the Contracting Party in which they were shipped.

3. the usual edge equipment, and material and spare parts on board the aircraft employed by the designated company of a Contracting Party may be unloaded in the territory of the other Contracting Party only with the consent of the Customs authorities of that Contracting Party. In this case, they may be placed under the surveillance of the Customs authorities until they are re-exported or otherwise prepared in accordance with customs regulations.
4. the exemptions provided for in this article shall also apply when the company named of a Contracting Party has concluded arrangements with one or more other companies on the rental or transfer in the territory of the other Contracting Party, items specified in points 1 and 2 of this article, provided that this or these other companies similarly enjoy such exemptions from the other Contracting Party.

Art. 10 user charges 1. Each Contracting Party strives to ensure that user charges that are imposed or that may be imposed by its competent authorities to designated enterprise of the other Contracting Party are fair and reasonable. These charges are based on the principles of healthy economy.
2. the charges for the use of airports, air navigation and facilities of the services offered by a Contracting Party to the designated enterprise of the other Contracting Party should not be higher than those which must be paid by the national aircraft assigned to scheduled international services.

Art. 11 business activities 1. The company named of a Contracting Party has the right to maintain adequate representations on the territory of the other Contracting Party. These representations can include commercial, operational and technical staff that can be made up of persons transferred or engaged on-site.

2. for commercial activity, the principle of reciprocity shall apply. The competent authorities of each Contracting Party give the necessary support to a functioning of the representations of the designated enterprise of the other Contracting Party.
3. in particular, each Contracting Party entitles the company designated by the other Contracting Party to sell directly and, at the discretion of the company, through its agents, securities of air transport on its territory. Every company has the right to sell such securities to transport, and anyone is free to buy them, in national currency or in other convertible currencies.

Art. 12 conversion and transfer of revenue each designated company has the right to convert and transfer in his country, at the official rate, the surpluses on local spending due to the transport of passengers, baggage, goods and mail-outs. If the service of payments between the Contracting Parties is regulated by a special agreement, this one is applicable.

Art. 13 rates 1. Rates to be applied by the company named Party on the services covered by this agreement are set at reasonable rates, due account of all the evidence, including the interests of users, the cost of operation, the features of the service, commission rates, a reasonable profit, the rates charged by other companies, and other commercial considerations in the market.
2. the aeronautical authorities will pay attention to rates that could be ineligible because they seem unduly discriminatory, unduly high or restrictive due to the abuse of a dominant position artificially low due to subsidies or support direct or indirect, or even predators.
3. the rates must be filed for approval at least 30 days before the date set for their entry into force. The aeronautical authorities may approve or disapprove rates for transport one-way or round-trip between the territories of two Contracting Parties that begins in their own territory. In case of disapproval, they shall notify their decision to the aeronautical authority of the other Contracting Party as soon as possible or at least within 14 days of receipt of the filing of the tariff.
4. neither the one nor the other aeronautical authority will take unilateral provisions to prevent the implementation of proposed rates or maintaining rates already in force applicable to transportation between the territories of two Contracting Parties, which starts on the territory of the other party.
5. Notwithstanding section 4 above, where the aeronautical authorities of either contracting party consider that a tariff for transport to its territory fall within the categories described in Chapter 2, they give notice of disapproval to the aeronautical authorities of the other Contracting Party as soon as possible and at least within 14 days from the date of filing of the rate.
6. the aeronautical authorities of each Contracting Party may request consultations regarding any rate which has been the subject of a notice of disapproval. Such negotiations shall be held no later than 30 days after receipt of the request. If the Parties reach an agreement, each party did its best to implement. If no agreement is reached, the decision of the Contracting Party on whose territory the transport begins wins.
7. for transportation between the territories of the Contracting Parties, the aeronautical authorities allow designated enterprise of the other Contracting Party to put its tariffs to the level of any rate that a transport company of one or the other Contracting Party or of a third State has already been authorized to apply to the same pair of cities.

Art. 14 approval of schedules 1. The company named will submit for approval to the aeronautical authorities of the other Contracting Party the schedule it is planning to apply at least 30 days before the agreed services are insured. The same procedure will apply to any changes to this schedule.
2. in the case of additional flights that the company named of a Contracting Party to insure on the agreed outside the approved schedule services, this company will ask for prior permission from the aeronautical authorities of the other Contracting Party. Normally, this request will be submitted at least 2 working days before the flight.

Art. 15 statistics the aeronautical authorities of both Contracting Parties shall communicate, on request, of the periodic statistics or other similar information to the traffic on the agreed services.

Art. 16 consultations one or the other Contracting Party may, at any time, request consultations on the implementation, interpretation, application or amendment of this agreement. Such consultations, which will take place between the aeronautical authorities, shall begin within a period of 60 days from the date on which the other Contracting Party receives the written request, unless the Contracting Parties were agreed otherwise.

Art. 17 settlement of disputes 1. Any dispute arising about the agreement, which could not be settled through direct negotiations or through diplomatic channels, is subject, at the request of one of the Contracting Parties, an arbitral tribunal.
2. in such a case, each Contracting Party shall designate one arbitrator and the two arbitrators designate a president who will be a national of a third State. If, within a period of 2 months after one of the Contracting Parties designated its arbitrator, the other party is not his, or if, in the course of the next month the appointment of the second arbitrator, the two arbitrators do not agree on the choice of the president, each Contracting Party may ask the president of the Council of ICAO to make the necessary appointments.
3. the arbitral tribunal shall determine its own procedure and decides on the distribution of the costs resulting from this procedure.
4. the Contracting Parties to comply with any decision made under this section.

Art. 18 amendments 1. If one of the Contracting Parties considers it desirable to amend a provision any of the present agreement, such a change, if it is agreed between the Contracting Parties, is applied provisionally from the day of its signature and enter into force as soon as the Contracting Parties will be notified to their constitutional formalities.
2. changes of the schedule to this agreement may be agreed directly between the aeronautical authorities of the Contracting Parties. They are provisionally applied on the day where they agreed and come into effect when they have been confirmed by an exchange of diplomatic notes.
3. in the case of the conclusion of a multilateral general convention on air transport, to which each Contracting Party became bound, this agreement would be amended in order to be made in accordance with the provisions of this convention.

Art. 19 denunciation 1. Each Contracting Party may at any time notify in writing to the other Contracting Party of its decision to put an end to this agreement. This notification shall be communicated simultaneously to the international civil aviation organization.
2. the agreement ends at the end of a period of time, with the understanding that within 12 months must elapse after receipt of the notification, unless the denunciation is withdrawn by agreement before the end of this period.
3. at absence of acknowledgement on the part of the other Contracting Party, notice will be deemed him be received 14 days after the date on which the international civil aviation organization has received in communication.

Art. 20 registration with ICAO this agreement and any subsequent amendments are registered with the international civil aviation organization.

Art. 21 entry into force this agreement will be applied provisionally from the date of its signature; it comes into force as soon as the Contracting Parties will be notified to their constitutional formalities that allow the conclusion and the entry into force of international agreements.
In faith of what, the undersigned, duly authorized to that effect by their respective Governments, have signed the present agreement.
Made in Phnom Penh, in duplicate on 6 February 2007 in French, Khmer and English, the three texts being equally authentic. Event of realization, interpretation or application, the English text prevails.

To the Swiss federal Council: for the Government of the Kingdom of Cambodia: Micheline Calmy - Rey Hun Sen Appendix tables table I roads roads on which the company designated by the Switzerland can operate air services: Points of departure Points intermediaries Points to the Cambodia Points beyond the Cambodia Points in Switzerland 3 Points * Phnom Penh 3 Points * (excluding Bangkok and Singapore) table II roads on which the company designated by the Kingdom of Cambodia can operate air services : Starting points


Intermediate points Points in Switzerland Points beyond Switzerland Points to Cambodia 3 Points * 3 Points 3 Points * (excluding Bangkok and Singapore) Notes: 1. intermediate points and points beyond on the specified routes may, at the convenience of the designated companies, not to be served on all flights or of some of them.
2. each designated company can complete any of the agreed services on the territory of the other Contracting Party.
3. each designated company has the right to serve intermediate points and beyond points not mentioned in the annex provided that not to exercise traffic rights between these points and the territory of the other Contracting Party.

State on April 21, 2015

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