For the purposes of this Agreement and its Annex, except where the text provides otherwise:

A.

"Convention" means the Convention on International Civil Aviation opened for signature at Chicago on December 7, 1944, and includes any annex adopted in accordance with Art. 90 of this Convention and any amendment to the annexes or to the Convention, in accordance with Art. 90 and 94, provided that these annexes and amendments are applicable to both Contracting Parties;

B.

The term "aeronautical authorities" means, in respect of Switzerland, the Federal Office of Civil Aviation, and in respect of the People's Republic of China, the Civil Aviation Administration of China, or in both cases all Any person or body authorized to perform the functions that are currently assigned to the said authorities;

C.

"Designated enterprises" means one or more undertakings which one of the Contracting Parties has designated and authorized, in accordance with Art. 5 of this Agreement, to operate the agreed air services;

D.

The term "agreed services" means air services on specified routes for the transportation of passengers, baggage, goods and mail, separately or in combination;

E.

The terms "air service", "international air service", "air transport undertaking" and "non-commercial stopover" have the meaning given to them by s. 96 of the Convention;

F.

The expression "territory" in relation to a State means the land regions and the territorial waters adjacent thereto and the airspace above which are under the sovereignty of that State;

G.

The term "tariff" means prices that are to be paid for the transportation of passengers, baggage and goods, and the conditions under which they apply, including commissions and other additional remuneration for Agencies or the sale of transport securities, except for the remuneration and conditions relating to the carriage of mail.

The Annex to this Agreement shall form an integral part thereof. Any reference to the Agreement also relates to the Annex, unless expressly provided for in a contrary provision.

Each Contracting Party shall accord to the other Contracting Party the rights specified in this Agreement with a view to the operation of international air services on the routes specified in the tables appearing in the Annex. These services and roads are hereinafter referred to as "agreed services" and "specified routes".

2. Subject to the provisions of this Agreement, the designated undertakings of each Contracting Party shall enjoy, in the operation of international air services:

A.

The right to fly over the territory of the other Contracting Party without landing in accordance with the published air route (s) prescribed by the aeronautical authority of the other Contracting Party;

B.

The right to make stopovers in the territory of the other Contracting Party for non-commercial purposes, subject to the approval of the aeronautical authority of that other Contracting Party;

C.

The right to embark and disembark in the territory of the other Contracting Party, at the points specified in the Annex to this Agreement, passengers, baggage, goods and mail to or from points on the Territory of the first Contracting Party.

D.

The right to embark and disembark in the territory of third countries, at the points specified in the Annex to this Agreement, of passengers, luggage, goods and mail to or from points in the territory of the other Contracting Party, as specified in the Annex to this Agreement.

3. Nothing in this Article shall be intended to confer on the designated undertakings of a Contracting Party the privilege of boarding compensation in the territory of the other Contracting Party of passengers, baggage, goods Or mail to another point in the territory of the other Contracting Party.

4. If, as a result of an armed conflict, disturbances or political developments or special and unusual circumstances, the designated undertakings of a Contracting Party are not able to operate one service on its normal routes, the other Contracting Party shall endeavour to facilitate the continuation of the operation of this service by temporarily rearranging these routes in an appropriate manner, in particular by granting for that period the rights necessary to facilitate an operation Viable.

1. The designated undertakings of each Contracting Party shall enjoy equal and equitable opportunities for the operation of the services agreed upon on the specified routes.

2. In the operation of the agreed services, the designated undertakings of each of the Contracting Parties shall take into account the interests of the designated undertakings of the other Contracting Party, in order not to unduly impair services Agreed to by the latter on all or part of the same road.

3. The agreed services to be operated by the undertakings designated by the Contracting Parties shall provide, with a reasonable filling ratio, sufficient capacity to meet the traffic requirements for the transport of Passengers, baggage, goods and mail between the territories of the two Contracting Parties.

The offer for boarding and deplaning by designated companies of a Contracting Party of passengers, baggage, goods and mail at points on the routes specified in the territory of a third State shall be submitted to the General principles according to which the capacity must be adapted:

A.

The needs of the traffic to and from the territory of the Contracting Party which has designated the undertakings;

B.

The traffic needs of the region through the agreed service, taking into account local and regional services;

C.

Requirements for the operation of a long-haul service.

5. The frequency and capacity to be offered on the services agreed between their respective territories and beyond shall be agreed between the aeronautical authorities of both Contracting Parties.

1. The laws and regulations of a Contracting Party governing in its territory the entry and exit of aircraft assigned to international air services, or the operation and navigation of such aircraft in its territory, Apply to the designated companies of the other Contracting Party.

2. The laws and regulations of a Contracting Party governing in its territory the entry, stay and exit of passengers, crew, baggage, goods or mail-such as those concerning the formalities of entry, of exit, Immigration, customs and health measures-apply to passengers, crew, baggage, goods or mail carried by the aircraft of the designated undertakings of the other Contracting Party when they enter, Stay in and out of the territory.

The Government of the People's Republic of China shall have the right to designate by diplomatic means as many air transport undertakings as it wishes to operate the services agreed upon on the routes specified in the Annex to the Agreement and to withdraw or amend this designation. The Government of the Swiss Confederation shall have the right to designate by diplomatic means an air transport undertaking to operate the services agreed upon on the routes specified in the Annex to this Agreement and to withdraw or Change this designation. From 1 ^Er January 2012, the Government of the Swiss Confederation shall have the right to designate by diplomatic means two air transport undertakings to operate the services agreed upon on the routes specified in the Annex to this Agreement thus The removal or modification of the designation.

2. Upon receipt of such designation, the other Contracting Party shall grant the appropriate authorisations and permits with the minimum procedural time limit, provided that:

A.

In the case of companies designated by Switzerland:

1.

The undertaking has the principal place of business in the territory of Switzerland from which it has received a valid operating authorisation, and

2.

Effective regulatory control over the undertaking is exercised and maintained by Switzerland,

3.

The undertaking holds a valid air carrier licence issued by Switzerland;

B.

In the case of companies designated by the People's Republic of China:

Substantial ownership and effective control of the enterprise designated by the People's Republic of China remains in the custody of the People's Republic of China or its citizens.

(3) The aeronautical authorities of a Contracting Party may require that the undertakings designated by the other Contracting Party prove that they are capable of satisfying the requirements prescribed by the laws and regulations normally applied to The operation of international air services by the said authorities in accordance with the provisions of the Convention.

4. Upon receipt of the operating authority set out in c. 2 of this section, the designated undertakings may at any time operate the agreed services.

(1) Each Contracting Party shall have the right to revoke or suspend an exploitation authorization for the exercise of the rights specified in s. 2 of this Agreement, by the designated undertakings of the other Contracting Party, or to subject the exercise of such rights to such terms as it deems necessary, where:

A.

In the case of companies designated by Switzerland:

1.

The company does not have the principal place of business in the territory of Switzerland from which it has received a valid operating authorisation, and

2.

Effective regulatory control over the undertaking is not exercised or maintained by Switzerland,

3.

The undertaking does not hold a valid air carrier licence issued by Switzerland,

4.

It can be demonstrated that by exercising the rights of traffic in accordance with this Agreement on a route which includes a point in another State, including the operation of a service which is marketed as a direct service or constitutes another Such a service could in fact circumvent the restrictions imposed by an agreement between the People's Republic of China and that other State;

B.

In the case of undertakings designated by the People's Republic of China:

The substantial ownership and effective control of the undertaking designated by the People's Republic of China shall not be held by the People's Republic of China or its citizens;

C.

The said undertakings have failed to observe or have seriously infringed the laws and regulations of the Contracting Party which granted those rights; or

D.

The said undertakings shall not operate the services agreed upon in accordance with the conditions laid down in this Agreement.

(2) Such a right may be exercised only after consultation with the other Contracting Party, unless the immediate revocation, suspension or imposition of the conditions laid down in c. 1 of this section is not necessary to prevent further contraventions of the Acts and Regulations.

1. In accordance with their rights and obligations under international law, the Contracting Parties reaffirm that their mutual obligation to protect civil aviation against acts of unlawful interference, to ensure their safety, An integral part of this Agreement. Without limiting the generality of their rights and obligations under international law, Contracting Parties shall act in particular in accordance with the provisions of the Convention on Offences and Certain Other Acts Committed to Aircraft aircraft ¹ , signed in Tokyo on 14 September 1963, of the Convention for the Suppression of Unlawful Seizage of Aircraft ² , signed at The Hague on 16 December 1970, of the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation ³ , 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 ⁴ , signed at Montreal on February 24, 1988, and any other aviation security agreement or protocol to which the Contracting Parties will adhere.

2. The Contracting Parties shall provide each other, upon request, with all the assistance necessary to prevent the diversion of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers and their passengers Crews, airports and air navigation facilities and services, as well as any other threat to the safety of civil aviation.

3. The Contracting Parties, in their mutual relations, shall 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 Contracting Parties; they require operators of aircraft registered by them, or operators of aircraft which have their principal place of business or permanent residence on their territory, and operators Airports located on their territory, that they comply with these provisions Relating to aviation security.

4. Each Contracting Party agrees that such aircraft operators may be required to comply with the provisions relating to aviation security referred to in paragraph 3 of this Article and that the other Contracting Party prescribes for Arrival, departure or stay in the territory of that other Contracting Party. Each Contracting Party shall ensure that adequate measures are effectively applied in its territory to protect aircraft and to ensure the inspection of passengers, crew members, hand luggage, baggage, Goods and ships' stores, before and during boarding or loading. Each Contracting Party shall also kindly examine any request made to it by the other Contracting Party in order to ensure that reasonable special security measures are taken to deal with a particular threat.

5. In the event of an incident or threat of diversion of civil aircraft or other unlawful acts directed against the safety of passengers, crew members, aircraft, airports or air navigation facilities and services, Contracting Parties shall assist each other by facilitating communications and other appropriate measures to bring an immediate and secure end to this incident or threat of incident.

Where a Contracting Party has reasonable grounds to believe that the other Contracting Party is derogating from the provisions of this Article, its aeronautical authorities may request the immediate undertaking of negotiations with the authorities Of the other Contracting Party. If no satisfactory arrangement can be reached within thirty (30) days from the date of such a request, there will be sufficient grounds to postpone, revoke or limit the operating authorizations and technical authorizations of the Enterprises of that Contracting Party, or to impose conditions on them. In the event of an emergency, a Contracting Party may take provisional measures before the thirty (30) day deadline.

Each Contracting Party shall recognize the validity of the certificates of airworthiness, certificates of fitness and licences issued or validated by the other Contracting Party for the operation of the international air services agreed to in the Agreement and which are still in force, provided that the requirements for obtaining such documents correspond to at least the minimum requirements that could be established in accordance with the Convention.

(2) Each Contracting Party shall, however, reserve the right not to recognize, for overflights of its own territory, certificates of fitness and licenses granted to its own nationals or validated by the other Contracting Party or by any Other state.

(3) Each Contracting Party may at any time request consultations on safety standards adopted by the other Contracting Party in matters relating to aeronautical facilities and services, to crews of Aircraft and aircraft operations. Such consultations shall take place within thirty (30) days of receipt of such request.

4. If, as a result of these consultations, one of the Contracting Parties discovers that the other Contracting Party does not adopt or effectively monitor safety standards in the areas referred to in c. 3 of this Article, which meet the standards in force in accordance with the Convention, the other Contracting Party shall be informed of such findings and of the approaches which are deemed necessary in order to comply with the standards of the Organization of International civil aviation. The other Contracting Party will then take appropriate corrective action within an agreed time limit.

5. In accordance with Art. 16 of the Convention, it is further agreed that any aircraft operated by a designated undertaking of a Contracting Party or on its behalf, from or to the territory of the other Contracting Party, may, where it is on the The territory of the other Contracting Party shall be inspected by the authorized representatives of that other Contracting Party, provided that this does not result in an unreasonable delay in the operation of the aircraft. Notwithstanding the obligations referred to in s. 33 of the Convention, the purpose of this visit is to verify the validity of the relevant documents of the aircraft, the licences of its crew and that the equipment of the aircraft and its condition conform to the standards in force in accordance with the Convention.

(6) Where immediate action is essential to ensure the safety of the operation of a business, each Contracting Party reserves the right to suspend immediately or to amend the authorization to operate one or more of the Designated companies of the other Contracting Party.

7. Any measure taken by a Contracting Party in accordance with c. 6 will be reported as soon as the facts motivating this measure have ceased to exist.

1. Aircraft operated in the services agreed to by the designated undertakings of a Contracting Party, as well as their normal equipment, spare parts (including engines), their fuel reserves, oils (including Hydraulic fluids and lubricants) and their ships' stores, including foodstuffs, beverages and tobacco, transported on board these aircraft are, at the entry into the territory of the other Contracting Party, exempt on the Basis of reciprocity, of all rights, inspection fees and similar charges, provided That such equipment and supplies, reserves and provisions, remain on board the aircraft until they are re-exported.

2. Also exempt on the basis of reciprocity of these same duties and taxes, with the exception of charges levied because of services rendered:

A.

Normal equipment, spare parts (including engines), fuel reserves, oils (including hydraulic fluids and lubricants) and ships' stores (including food, beverages and beverages) Tobacco) introduced into the territory of the other Contracting Party and intended for use on board aircraft operated in the service agreed to by the designated undertakings, even if they are used on the part of the journey above the Territory of the other Contracting Party;

B.

Spare parts (including engines) imported into the territory of the other Contracting Party for the maintenance or repair of aircraft operated in services agreed to by the designated undertakings;

C.

The stock of printed tickets, air waybills and any printed material on which the emblem of undertakings is used for the direct transport of passengers and freight as well as the tourist advertising material distributed free of charge By designated companies;

D.

Motor vehicles (excluding cars), equipment and equipment that may be used by designated airlines for commercial and operational purposes within the perimeter of the airport area, provided that This equipment and equipment are used to transport passengers and cargo.

3. Equipment and items referred to in c. 1 and 2 of this Article may be unloaded in the territory of the other Contracting Party only with the approval of the customs authorities of that territory. In such cases, they may be placed under the supervision of the said authorities until such time as they are re-exported or until otherwise disposed of in accordance with the customs regulations.

The exemptions provided for in this Article shall also apply where the designated undertakings of a Contracting Party have entered into arrangements with other undertakings on the rental or transfer, in the territory of the other Party Contracting, of the items specified in the c. 1 and 2 of this Article, provided that such other undertakings similarly benefit from such exemptions from that other Contracting Party.

The income earned by the designated enterprise of each Contracting Party in the territory of the other Contracting Party shall be exempt from income tax in the territory of the other Contracting Party.

Passengers, baggage and goods in direct transit through the territory of one of the Contracting Parties that do not leave the area of the airport reserved for that purpose shall be subject only to a simplified inspection, except in the case of security measures In relation to acts of violence, with the defence of the integrity of the borders, with acts of aerial piracy and drug smuggling, and in the case of immigration control measures. Baggage and goods in direct transit will be exempt from customs duties and other similar taxes.

Each Contracting Party shall endeavour to ensure that user charges which are imposed or that may be imposed by its competent authorities to the designated undertakings of the other Contracting Party are fair and reasonable. These royalties are based on sound economy principles.

2. Charges for the use of airports, air navigation facilities and services provided by a Contracting Party to the designated undertakings of the other Contracting Party shall not exceed those which must be Paid by any undertaking of other States providing regular international services.

3. Each Contracting Party shall encourage consultations between the competent authorities or bodies with regard to charging in its territory and the designated undertakings using the facilities and services, and shall encourage the authorities or bodies And the undertakings designated to exchange information that may be necessary to permit a specific examination of the reasonableness of the royalties in accordance with the principles set out in the c. 1 and 2 of this article. Each Contracting Party shall encourage the competent authorities to provide users with reasonable notice of any proposal for the modification of user fees in order to allow them to express their views before Changes are made.

(1) The designated undertakings of a Contracting Party shall have the right to maintain adequate offices in the territory of the other Contracting Party. These offices may include commercial, operational and technical staff, which may be composed of persons transferred or engaged on-site subject to the laws and regulations of the other Contracting Party.

2. For commercial activity, the principle of reciprocity shall apply. The competent authorities of each Contracting Party shall provide the necessary support for the proper functioning of the representations of the designated undertakings of the other Contracting Party.

(3) Each Contracting Party shall accord to the designated undertakings of the other Contracting Party the right to sell directly and, at the discretion of the undertakings, through the intermediary of the authorised agents, air transport titles in its territory. Companies have the right to sell such transportation, and any person will be free to purchase such transportation, in the currency of that territory or, in freely convertible currency from other countries, subject to the laws and regulations of The other Contracting Party.

4. The designated undertakings of either Contracting Party shall have the right to enter into marketing arrangements, in particular in respect of reservation of capacity and code-sharing, or other commercial arrangements with Designated undertakings of either Contracting Party.

(5) The crew members of the designated company (s) of either Contracting Party in the agreed services shall be nationals of that Contracting Party. If a designated company of either Contracting Party wishes to employ crew members of another nationality in the agreed services, the agreement of the other Contracting Party shall be obtained in advance.

The designated undertakings shall have the right to convert and transfer to their country, at the official rate in effect at the date of transfer, surplus income on local expenditure as a result of the transport of passengers, baggage, goods and Mail. If the payment service between the Contracting Parties is settled by a special agreement, it shall be applicable.

1. Each Contracting Party may require that tariffs for international air services operated in accordance with this Agreement be notified or submitted to its aeronautical authorities.

2. The tariffs to be applied by the designated undertakings of a Contracting Party on the services covered by this Agreement shall be established at reasonable rates, taking due account of all the factors of assessment, including the interests of the Users, operating costs, service characteristics, commission rates, reasonable profit, tariffs applied by other companies, and other market considerations.

3. The aeronautical authorities shall pay particular attention to tariffs which may be inadmissible because they appear excessively discriminatory, unduly high or restrictive as a result of abuse of a dominant position, Artificially low because of direct or indirect subsidies or support, or even predators.

4. The tariffs shall be filed for approval sixty (60) days before the expected date of entry into force. The aeronautical authorities shall have the right to approve or disapprove the tariffs applicable to one-way transport or to return between the territories of the two Contracting Parties which commences in their own territory. In the event of disapproval, they shall notify their decision to the aeronautical authority of the other Contracting Party as soon as possible or at the latest within thirty (30) days of receipt of the deposit of the tariff.

5. None of the aeronautical authorities shall take unilateral measures to prevent the application of proposed tariffs or the maintenance of existing tariffs applicable to transport between the territories of the two Contracting Parties, which Begins in the territory of the other Party.

6. Notwithstanding c. 4 above, where the aeronautical authorities of either Contracting Party consider that a tariff for carriage to its territory falls within the categories described in c. 3 above, they give notice of disapproval to the aeronautical authorities of the other Contracting Party as soon as possible or at least within thirty (30) days from the date of receipt of the tariff filed.

7. The aeronautical authorities of each Contracting Party may request consultations concerning any tariff which has been the subject of a notice of disapproval. Such negotiations shall take place no later than sixty (60) days after receipt of the request. If the Contracting Parties reach an agreement, each Party shall do its best to implement it. If no agreement is reached, the decision of the Contracting Party in whose territory the transport begins shall prevail.

1. The Contracting Parties agree that the following practices by air transport undertakings may be considered as potentially unfair competitive practices which may merit further consideration:

A.

The imposition of tariffs on routes at levels that are generally insufficient to cover the costs associated with the provision of the services to which they relate;

B.

The addition of excess capacity or frequency of service;

C.

The practices in question are applied on a sustainable basis and not only on a temporary basis;

D.

The practices in question have a significant negative economic impact on the designated companies of the other Contracting Party or cause them serious harm;

E.

The practices in question reflect an apparent intention, or have the probable effect, to paralyze the designated companies of the other Contracting Party, to exclude them or to remove them from the market; and

F.

Behaviour denoting abuse of a dominant position on a given route.

2. If the aeronautical authorities of one of the Contracting Parties consider that an operation or operations contemplated or carried out by the undertakings designated by the other Contracting Party may constitute unfair competitive conduct According to the indicators cited in the c. 1, they may request a consultation in accordance with s. 19 of this Agreement with a view to resolving the problem. Such a request will be accompanied by an opinion on the reasons for the request, and the consultation will commence within thirty (30) days of the request.

3. If the Contracting Parties fail to resolve the problem through consultations, either Contracting Party may invoke the dispute settlement mechanism provided for in Art. 20 of this Agreement to settle the dispute.

(1) Each Contracting Party may request the undertakings designated by the other Contracting Party, that they notify the aeronautical authorities of the first Contracting Party of the timetable envisaged at least sixty (60) days before the Operation of agreed services. They will do the same for any significant change in this schedule.

2. In the case of additional flights which the designated undertakings of a Contracting Party wish to ensure on the services agreed outside the approved schedule, these undertakings shall require the prior permission of the aeronautical authorities of The other Contracting Party. This application will normally be submitted at least five (5) working days prior to the flight.

The aeronautical authorities of both Contracting Parties shall, upon request, communicate on request periodic statistics or other similar information relating to traffic on agreed services.

Any Contracting Party may, at any time, request consultations concerning the implementation, interpretation, application or amendment of this Agreement. Such consultations, which may take place between the aeronautical authorities, shall, however, commence no later than sixty (60) days from the date on which the other Contracting Party has received the written request, to Less than the Contracting Parties have agreed otherwise. Each Contracting Party shall prepare and present, in the course of those consultations, relevant arguments in support of its position in order to facilitate sound, rational and economic decision-making.

1. If a dispute arises between the Contracting Parties concerning the interpretation or implementation of this Agreement, the aeronautical authorities of the two Contracting Parties shall first seek to resolve the dispute by means of Negotiations.

2. If the aeronautical authorities of the Contracting Parties do not reach a settlement by negotiation, the dispute shall be settled by diplomatic channels.

1. If either Contracting Party deems it desirable to amend any provision of this Agreement, such a modification shall enter into force as soon as the Contracting Parties have notified the completion of their formalities Legal.

2. Amendments to the Annex to this Agreement may be agreed directly between the aeronautical authorities of the Contracting Parties. They shall be applied provisionally from the day on which they have been agreed and enter into force once 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 of the Contracting Parties would become bound, this Agreement would be amended in order to comply with the provisions of this Agreement. Convention.

(1) Each Contracting Party may at any time notify the other Contracting Party in writing of its decision to terminate this Agreement. Such notification shall be communicated simultaneously to the International Civil Aviation Organization.

(2) The Agreement shall terminate at the end of a period of time, on the understanding that a period of twelve (12) months shall have elapsed after receipt of the notification, unless the denunciation is withdrawn by mutual agreement before the end of that period.

3. In the absence of acknowledgement of receipt by the other Contracting Party, the notification shall be deemed to have been received fourteen (14) days after the date on which the International Civil Aviation Organization has received communication.

This Agreement and any subsequent amendment shall be registered with the International Civil Aviation Organization.

This Agreement shall enter into force on the date of the last notification in writing by diplomatic channels, by which the Contracting Parties have notified the fulfilment of the internal legal requirements required for its entry into force.

On the entry into force of this Agreement, the Agreement of 12 November 1973 between the Swiss Federal Council and the Government of the People's Republic of China on Civil Air Transport ¹ Will be repealed.

In witness whereof, The undersigned, duly authorized to that effect by their respective Governments, have signed this Agreement.

Done at Beijing, in duplicate on 1 ^Er March 2011 in the German, Chinese and English languages, the three texts being equally authentic. In case of divergence the English text shall prevail.