Republic Of Turkey And The Government Of The Federal Republic Of Germany Air Transport Agreement Between The Government Changes Are Made In Warning: You Are Viewing Act, The Parliamentary General Assembly Has Already Adopted. Subsequent Changes, If Any

Original Language Title: TÜRKİYE CUMHURİYETİ HÜKÜMETİ İLE FEDERAL ALMANYA CUMHURİYETİ HÜKÜMETİ ARASINDAKİ HAVA ULAŞTIRMA ANLAŞMASINDA DEĞİŞİKLİK YAPILM Uyarı: Görüntülemekte olduğunuz Kanun, TBMM Genel Kurulunda kabul edildiği halidir. Varsa daha sonra yapılan değiş

Read the untranslated law here: https://www.tbmm.gov.tr/kanunlar/k4600.html

Law No. 4600

Acceptance Date: 11/02/2000





Article 1 - Republic of Turkey and the Government of the Federal Republic of Germany Government between July 5, 1957 Date signed at Ankara Air Transport Agreement of the 11 th amendment of substance, and on November 20, 1997 on the addition of certain substances to the Agreement Memorandum of Understanding, signed in Bonn approval has been found suitable.
Article 2 - This Law shall enter into force on the date of publication.
Article 3 - This Law shall be enforced by the Council of Ministers.



MEMORANDUM OF UNDERSTANDING
Republic of Turkey on 19-20 November 1997 and Federal Republic of Germany Aviation Authority of the delegation, they have come together to exchange views on bilateral Air Transport issues. Negotiations have passed in a sincere and friendly atmosphere. mutually beneficial supply relationships that are discussed all issues in aviation.

A list of participants is enclosed as Annex 1. June 25 to 26 in 1997 can not be resolved at the last meeting were discussed the following topics. bulunularak interview he referred to the meeting of the Memorandum of Understanding and its annexes were
continue.

I. TARIFF REGIME

German delegation presented a new tariff item that has been made at the last meeting of the Turkish Delegation on 25-26 June 1997, declared that examined the draft from good to better. Double-sided for withholding approval will impress a large area of ​​the German delegation, unfortunately, this draft article is not in a position to accept this order. Nevertheless, the German delegation that the country of origin regime as a first step to further liberalization presented a new draft article. The new draft was presented in the attached Annex II substance. After assessing the Turkish delegation will have recourse in writing the draft text on the subject.

II. HUSH mass PLANES

Turkish Delegation Chapter II aircraft and fulfilling the requirements of Chapter III hush locked voiced their concern about the restrictions that apply to the operation of the aircraft. (Eg, Stuttgart, Berlin Tegel) found hope the implementation of the Turkish side of the ECAC guidelines. But the German Party, said that due to European Union legislation. German delegation to clarify the situation of the opening and offered to provide information in writing about the results of the Turkish delegation. Offer was accepted by the Turkish Delegation.

III. IMMIGRATION CONTROL AND TRAVEL

Turkish delegation at the last meeting of the Delegation of German travel documents to enter the country and agreed to the draft submitted in the examination of substances dangerous person. The text of the new Article has been enclosed as Annex III.

IV. FLIGHT SAFETY

Turkish delegation which was presented at the last meeting declared the German proposal could be accepted in principle. ECAC standard model still in flight safety both delegations have agreed on the wording of the two phrases. Flight
text of the new article on the safety presented as attached as Annex IV.

V. SAFETY

Turkish delegation at the last meeting draft provisions related to aviation security that had been presented by the German Delegation has indicated that it can accept after some changes. German Parties adopted the Turkish proposal. The text of the new article on Aviation Security is enclosed as Annex-V.

VI. LOCATION SERVICES
After intensive discussion
Turkish delegation, a meeting in Ankara with representatives of the German Airline DHM proposed regulation. Both sides agreed on the meeting held in 3 to December 5, 1997. The Turkish side finished it, declared until a solution has been reached at the end of the case that the status quo will be maintained in 1996 for the German carrier to exceed December 31, 1997.

VII. USE OF THIRD COUNTRY REGISTERED AIRCRAFT: / LIBERAL REGIME CHARTER

Delegations Carrier made on July 16 from 1997 (Inter Carrier) as a result of the meeting, that third countries are informed about the carrier can not find a solution for the use of registered aircraft. After intensive discussions with the German delegation has suggested Turkish air carriers of third countries to submit their operating until the summer of 1998 Luftfahrt-Bundesamt in Braunschweig on December 3 1997 to the application for a registered aircraft. These applications are distributed to the German airline company after German and Turkish Civil Aviation Authority, and both sides are carriers
will meet in Bonn on December 10, 1997.


Will have the final decision on the application by the Civil Aviation Authority of the results of this meeting. The procedure is seen as a first step in attaining a solution to this problem. Therefore, it should be just a pilot project. The next steps will be decided at the required time. The Turkish side has agreed to this proposal.

Both delegations travel documents and inspection of dangerous people from entering the country, flight safety and in both countries the wording of the new article on aviation security is understood he had been initialed, subject to a final inspection by the competent authorities.

Present until the entry into force of the new material the Republic of Turkey and the aeronautical authorities of the Federal Republic of Germany, this new material will
act immediately, subject to its law legislation as entered into force on the date of signature of this Memorandum of Understanding.

Bonn, November 20, 1997
The delegation of the Republic of Turkey

Federal Republic of Germany on behalf of Delegation

(Ahmet Kıratlıoğl a) (Dr. Ingomar Joerss)
Y.


Annex II TURKISH DELEGATION


Mr. Ahmed Kıratlıoğl Deputy Undersecretary of the Ministry of Transport


Head of Delegation

Mr Sermet Ünel Director General Directorate General of Civil Aviation Ministry of Transport



Mr Gafur Assistant Deputy Director General of State Airports Management General Directorate

Hulusi Kilic Aviation Administration


President V.

Annex II

GERMAN DELEGATION
DR. Ingomar Joerss Air and Space Transport Director General of the Federal Ministry of Transport


Head of Delegation
Mr Dieter Bartkowski air must be shipped at the Federal Ministry of Transport Department Director


Mr Hans-Joachim Werner Transport Policy Department Deputy Director


Federal Ministry of Foreign Affairs
Ms. Sabine Dannel Air Transport Department Deputy Director


Federal Ministry of Transport
Mr Jörg MUNDORF Air and Space Transport Department of the Federal Ministry of Transport


Mr. Lutz Meyer Air and Space Transport Department of the Federal Ministry of Transport


Mr. Henning Muhle Federal Aviation Authority, the Federal Aviation Administration


Braunschweig
DR.
Dr. Detlef Winter ADL. Ronald Schmid Deutsche Aero Lloyd Ba

Mr Jürgen Goldmann Mr. Wolfgang Winsberg Deutsche Lufthansa
Mr Hans-Jürgen Schulze Germania Mr. Wolfgang Dreher Hapag-Lloyd


Mrs. Doris Franken LTU Mrs. Elisabeth Rittersberger Translator

ANNEX - II
ARTICLE 11 Tariffs



(1) designated by an airline of this Agreement 2 (2) travel tariff fees that will apply to passengers on the lines specified by the agent side where the starting point (according to the information in the transport document) will be subject to that approval of the Contracting Parties authorities belong.

(2) The designated airlines of tariffs for determining operating costs, a reasonable profit, take into account the interests of competition and the current conditions of the market and consumer handling. The competent aeronautical authorities may refuse the approval of a tariff but does not meet the above criteria.

(3) The designated airlines of one month before the proposed effective date of the latest tariffs will be submitted to the approval of aeronautical authorities.

(4) if they are not suitable for a fee schedule submitted to the approval of the aeronautical authorities of each Contracting Party shall give notice within twenty-one days from the date of approval of tariffs offered by the airline company. In this case, these tariffs will be applied. When asked to be replaced by new tariffs and tariffs until then it will remain in practice.

ANNEX - II
ARTICLE 11 Tariffs



(1) by an airline company that has been Detection of this Agreement 2 (2) of the received to tariffs travel starting point of the passengers on the lines indicated by the material information in the transport documents shall be subject to the approval of the Contracting Parties aviation authority in the land.


(2) The designated airline operating costs of the business in tariffs, a reasonable profit, competition and take into account current market conditions and the interests of consumers in transportation. Competent aviation authorities may approve a tariff only if the failure to comply with these criteria.

(3) Tariffs at the latest effective date stipulated by the designated airlines shall submit for the approval of the aeronautical authorities a month ago.

(4) one of the aeronautical authorities of the Contracting Parties fail to agree to a timetable which has been submitted to the approval of tariffs from the date the case was submitted shall inform the airline concerned within 21 days. In this case, these tariffs will be applied. Required to be replaced by new tariffs and tariffs until then it will remain in practice.

(5) approval of the aeronautical authorities of each Contracting Party may request negotiations on any tariff rejected. These talks will be held within 30 days from the date the request was Aling latest. in agreement of the parties, each party to this agreement will make every effort in his power to put into effect. Failure to reach agreement, the decision on starting the Contracting Tarfa land transportation will be available.

(6) for transport between the countries of the Contracting Parties aeronautical authorities of the company designated airline of the other Contracting Parties, each the same city that is permitted still be applied for two by the airlines of the Contracting Parties shall allow them to comply with any tariff.

Annex - III
Article
-
Travel Documents and Entry into Country examination of People Inappropriate


(1) Each Contracting Party shall allow its territory in taking measures to ensure the transport of persons having the necessary travel documents for the other Contracting Party to the designated airline business only transit from the input or territory to the other Contracting Party territory.

(2) Each Party shall, after objectionable entering the country a person is being returned from the landing point, if before landing this person, other than the direct transit state, has remained in its territory will accept for examination. A person found objectionable for a Contracting Party before entering a country still will not return to that country.

(3) a state transport the purposes of this provision, which was returned by the public authorities to detect harmful a person's admissibility likely to State or of nationality or any other kind of container can be, it is not to detains than to further examination to be removed or deported. In case of a person in the country to enter the lost travel documents at the place where inconvenient or be destroyed had been a Contracting Party, replacing them with people of the country to enter granted by the public authorities of the Contracting Parties as objectionable and boarding will accept a document certifying the landing conditions.

Annex - IV

ARTICLE
Aviation (Flight) Safety

(1) Each Contracting Party may request at any time by the air crew of the other Contracting Party or advice regarding aircraft safety standards that have been adopted in any area for them to run.

(2) If the consultation of the then Contracting Party the other Contracting Party of any area at that time the minimum determined in accordance with contractual requirements at least equivalent to safety standards is convinced that the event bulundurup to handle, the first Contracting Parties to comply with the findings and that the minimum standards necessary steps will be reported to the other Contracting Party and the other Contracting Party will take the appropriate corrective measures. The other Contracting Party fifteen (15) days, or to take appropriate measures over a longer period may be agreed will lead to the implementation of Article 4 of this Agreement.

(3) to check Convention Article 33 of the said obligations operated aircraft at the time made the designated airline enterprises of the other Contracting Party territory, regardless of when in the other Contracting Parties ground aircraft and the validity of the crew documents and aircraft and the apparent condition of the equipment, reasonable the condition does not cause a non-rotary, the other Contracting Party may be subject to an inspection by an authorized representative. (Ramp inspection)

(4) If any such ramp inspection or series of ramp inspections;

A) an aircraft or an aircraft operation in which it comply with the minimum standards set by the contract, or


B) of that time it could not be maintained as an effective safety standards set by contract and can not be managed
If he has serious concerns on the issue
,

Control that Contracting Parties to the Convention for Article 33 purposes, it is given the aircraft and the crew of the license and the license or validated that the principles of the rule or aircraft according to the contract with the principles that rule the operation to the minimum standards set equal to or allowed to deduce whether on their It will be.

(5) permit required for entry of a Contracting Party's designated airline enterprises of operated aircraft of the aircraft in order to be subjected to ramp inspections by the above paragraph 3 in case of rejection by the representative of the airline company, the other Contracting Party above the 4th of the kind referred to in paragraph located in judgment to have serious concerns, and he will be free to draw conclusions referred to in paragraph.

(6) Each Contracting Party, the other Contracting Party's authority to operate granted to an airline company or business, the first Contracting ramp control of the Party, a series of ramp inspections, a denial of entry permits for ramp inspection, consultation or an airline company as a result of other causes the activities concluded that taking immediate action is essential in terms of safety, reserves the right to immediately suspend or change the amount.

(7) the measures taken by a Contracting Party or above 2 nd paragraph 6, it will be removed with the removal of the main reasons that the measures to be taken.

Annex - Article V


Aviation Security (1) The Contracting Parties existing international rights under the law and the obligation to protect the security of civil aviation against unlawful interference acts in accordance with the obligations affirm against each other. Contracting Parties, the overall quality of limiting the particular September 14 Committed in the 1963 Special Offences and Related Tokyo Convention with other felonies existing
rights and obligations under international law December 16, 1970, addressed Aircraft Unlawful Ways Spent the Hague Convention on the Prevention, dated September 23, 1971 civil Aviation Related Montreal Convention for the Prevention of Crimes Against the Safety and will act in accordance with the Montreal Protocol provisions regarding the Covenant signed 24 February 1988 the International civil Aviation Serving the Prevention of Illegal Acts of Violence at Airports.



(2) Contracting Parties civil aircraft of unlawful seizure of the way actions, this aircraft, passengers and crew, airports and air navigation facilities of safety against other illegal activities and civil aviation security for the request to prevent any threat to each other needed all the help will be found.

(3) The Contracting Parties in the occurrence of other unlawful interference acts against the safety of the event to be seized illegally of civil aircraft or such an incident or threat of the passengers of the aircraft and the crew of airports or air navigation facilities, through mutual consultation, communication, and this kind of incident or aiming at a speed commensurate with the termination of the minimum life threatening risk by facilitating the adoption of other appropriate measures will help each other.

(4) Each Contracting Party shall subject to passing the act or other unlawful interference acts illegally obtained and an airplane on the ground in his own country, crew and protect the lives of passengers as required by movement superior task, where it will take the measures it deems practicable to ensure taken hold. Where possible, these measures shall be taken in mutual consultation.

(5) The Contracting Parties in their mutual relations, in addition to the International Civil Aviation Organization, which is called by the aviation security provisions of the contract, shall act in accordance to the extent that these security provisions are applicable to the Contracting Parties. Parties will want to act in accordance with such aviation security provisions contained in the aircraft of their registry or operators of the business center of the country or permanent residents of the country the aircraft operator and the airport operator in the country.


(6) Each Contracting Party to comply with the aviation security provisions referred to 5 in the paragraph above is required during the period the aircraft of the other Contracting Party of the operator of the country of entry and exit and stay accepts may be requested by the other Contracting Party. Each Party shall protect the aircraft and the aircraft prior to boarding or loading and during passengers, crew and inspecting baggage items and luggage, the cargo and aircraft stores to make the appropriate security controls will enable them to apply the efficiency of the measures in the territory.

Each Party will warm to the other Contracting Party to satisfy a specific threat to the national rules and regulations and according to the relevant provisions of the International Civil Aviation Organization and their demands to abide by any reasonable special measures.















(7) In case of a Contracting Party depart from the aviation security provisions of this Article, the aeronautical authorities of the other Contracting Party may request immediate consultations with the aeronautical authorities of the first Contracting Party. Failure to reach agreement within a reasonable time, taken hold to an airline authority to operate the business or businesses that demand of the first Contracting Party, cancellation, restriction or record it will create a reason to be. If you require a serious emergency, without delay, any Contracting Party may take interim measures. interim measures commensurate with the extraordinary situation and will be limited for security purposes.