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

Original Language Title: TÜRKİYE CUMHURİYETİ HÜKÜMETİ İLE SLOVENYA CUMHURİYETİ HÜKÜMETİ ARASINDA HAVA TAŞIMACILIĞI ANLAŞMASININ ONAYLANMASININ UYGUN BU 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/k4597.html

Law No. 4597

Acceptance Date: 11/01/2000






Article 1 - 3, signed in Ljubljana in April 1997 that "the Government of the Republic of Slovenia and the Republic of Turkey Air Transport Agreement between the Government" has been used in the validation of.
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.




GOVERNMENT OF THE REPUBLIC OF TURKEY AND THE GOVERNMENT OF THE REPUBLIC OF SLOVENIA


AIR TRANSPORT AGREEMENT BETWEEN

Hereinafter this is referred to as the Contracting Parties in the text and the Republic of Turkey and the Republic of Slovenia Government opened both in 1994 of seven December day for signature at Chicago International Air Navigation Transit Agreement and in the country as part of the International Civil Aviation Convention and beyond Desiring to conclude an Agreement to establish air services,
HAVE AGREED AS FOLLOWS ARTICLE
:
ARTICLE II

DEFINITIONS


Terms of this Agreement, unlike the provision in,

A) "Agreement" means December 7, 1944, it opened for signature at Chicago International Civil Aviation Convention and according to each Contracting Party accepted that article 90 of the Convention compared to 90 and Article 94 of the removed Annexes made in the Convention and its annexes any It means change.

B) in respect of the Republic of Turkey, "aeronautical authorities" means the Minister of Transport and which is carried out by the minister authorized to perform any task, no person or organ of the Ministry of Transport with regard to the Republic of Slovenia and the civil aviation authority and is carried out by these authorities any person or body authorized to perform any task,

C) "Designated airline" have been appointed in accordance with the terms of this Agreement and Article 3 refers to the airline which has been authorized.

D) "Country" or "Land" refers to have the meaning specified in Article 2 of the Convention.

E) "Air Expeditions", "International Air Navigation", "Airline" and "technical landing" terms, meaning specified in Article 96 of the Convention.

F) "Capacity" refers to the meanings indicated below;

- With regard to aircraft, passenger aircraft in whole or in part, a flight line is the volume that can be used for cargo and mail.

- As described in connection with an air time, the air operate on all or a portion of a line within a certain period is multiplied by the number of times the capacity is used for this time.

G) "Traffic" means passengers, baggage, cargo and mail means.

H) "fee schedule" means passengers, baggage or cargo (excluding mail) refers to the price to be moved; This price will be provided with transportation to these significant additional benefits and for ticket sales for the transport of persons or goods transport is allowed, including the commissions paid out similar treatment. Transport prices or conditions governing the application for payment of commission covers.
Article 2



TRAFFIC RIGHTS
1. Each Contracting Party to another, for the purpose of establishing scheduled international air services on the routes specified in Annex I to this Agreement shall recognize the rights set forth in this agreement. This time lines and hereinafter referred to as the "agreed services" and "specified routes" will be called. airlines of each Contracting Party shall be determined by a specified time, even when operating an agreed, will have the following rights.

A) fly over the inmeksiz the other Contracting Parties to the country;

B) to make stops in the said countries;

C) Passenger, cargo and mail in order to leave and take the form of international traffic, in these countries, that make the landing point specified in Annex I to this Agreement line.

2. Nothing in paragraph 1 of this Article, the airline operating to the Contracting Party, the other Contracting Parties country wages a point in the territory of the other party or rent for passengers to move, can not be understood as granting the right to take cargo and mail.
Article 3



BUSINESS POWERS
1. Each Contracting Party, the other Contracting Party, specified in the agreed time lines of business in order to an airline company and / or he has to appoint the company will have the right to written notice.


2. On the other Contracting Party shall receive a determination notice, subject to the provisions of paragraph 5 of this Article, the relevant authority to operate the designated airline business will be diagnosed without delay.
3
. the competent aeronautical authorities of the Contracting Parties, the airline of the company appointed by the other side, whether these authorities in the operation of international air navigation normal and reasonable manner in laws and regulations that apply prescribed conditions to possess the qualifications to fulfill, you can ask them to satisfy.

4. Each of the Contracting Parties shall, in cases where an airline company has been appointed main ownership and effective control of the Contracting Party designating this airline or nationals satisfied that in the hands, in paragraph 3 of this Article may refuse to recognize the authority company mentioned, or the airline of this Agreement 2. In Article You can put the records it deems necessary to the exercise of the rights.

5. When an airline determining whether he authorized of this Agreement 10, Article 13 and Annex II of the provisions provided for a fee and flight schedules and on the existence of a capacity agreement formed according to this time may begin at any time to the business.
Article 4

CANCELLATION AND SUSPENSION OF OPERATING AUTHORITY


1. Contracting Each Party, in the following cases, the other Contracting Party by the designated airline of the business of this Agreement 2 to cancel the operation authority which provided for the exercise of the rights referred to in Article or to suspend or will have about how to put on record that it deems necessary to the exercise of these rights:

A) An operator said determining ownership and effective control of itself prove that the majority of the Contracting Parties or nationality,

B) the said airline fails to comply with the laws or regulations of the Contracting Party granting these rights or serious way be violated,

C) The agreed services of the aforementioned airline companies in case of failure to operate according to the requirements set out in this Agreement.

2. These rights law and the cancellation to avoid regulations further infringements, to suspend or except as the basis for the fulfillment immediately the conditions specified in paragraph 1 of this Article, shall only be used after consultations with the other Contracting Party.
Article 5


PERMISSION OF LAWS AND REGULATIONS IN AND OUT

1. A Contracting Party, entry of international air navigation by air, departure and outputs or the laws and regulations related to the operation and navigation of the length of stay in the territory of these aircraft, can be applied to the aircraft of both Contracting Parties nationality regardless of differences and the laws and regulations when on that side of the earth or when entering or leaving it will be complied with by such aircraft.

2. Contracting Party, the plane carried passengers, crew, cargo and acceptance of mail in the country, laws and regulations relating to the departure from the residence or the country in the country, such as customs entry and exit, immigration, regulations related to passport and health control, then the passengers, crew, cargo, baggage and by mail, or they have access to the name of that side of the earth, and the output will be complied with while in the territory of the land.
3
. None of the Contracting Parties in implementing the law under the provisions of this Article by the designated airline of the other Contracting Party does not recognize the right of any preference to its own airlines.

4. Facilities and technical facilities and services, including all airport charges relating to the use of, and other charges and air navigation facilities, fees for use of the communication facilities and services shall not be higher than those paid by the Operator airline has been designated of other States engaged in similar international air services.
Article 6


CUSTOMS AND OTHER PICTURE of the EXEMPTION AND TAX

1. The aircraft operated in international flights by the airline companies designated of each Contracting Party and usual equipment in these aircraft, fuel and lubricants, and (including food, beverages and tobacco) on the aircraft stores, other Contracting Parties to the destination, the plane stay or other Contracting Party on the country the use of aircraft in flight as long as a portion of all customs duties, inspection fees and other fees and will be exempt from tax.


2. The following services will be done will be for my same rustic excluding fees and exempt from taxes,

A) the territory of a Contracting Party, this party within limits determined by the competent authorities and other aircraft stores taken on board for use in operating aircraft in an international expedition of the Contracting Parties to the designated airline business;

B) either Contracting Party to the country, for the maintenance and repair of aircraft spare parts introduced are used in international voyages of the designated airline of the other Contracting Party;

C) aircraft on the forehead of the Contracting Parties to be used in a portion of the flight will be made, even if the operation of aircraft in international voyages by other Contracting designated airline of the party dedicated to the supply of fuel and lubricating oils.

Above (a) (b) and (c) of the substances mentioned in sub-paragraph may need to be kept under customs supervision and control.
Article 7

NORMAL EQUIPMENT AND CONSUMER ITEM OF AVIATION

STORAGE


Designated airline of one Contracting Party of material taken from the aircraft and consumer goods as normal as the plane carrying equipment other Contracting Party in the territory, but it can be emptied with the permission of the customs authorities of the country. In such a case, it may be abroad again götürülünce or otherwise under the supervision of the authorities referred to by hand until it is removed in accordance with customs regulations.



Article 8 DIRECT TRANSIT TRAFFIC


The territory of one
Contracting Parties shall direct transit and leave the area airports which have been separated for the purpose of passengers, baggage and cargo, violence, air piracy and security measures against the abduction of controlled drugs will be subjected to more than a simplified control except matters. Baggage and cargo in direct transit shall be exempt from customs duties and other charges.
Article 9



FINANCIAL PROVISIONS 1. The designated airlines of each, tickets for air transportation in the territory of the other Contracting Party through agents or directly at his discretion shall have the right to arrangement and sales activities. The airline will have the right to sell transportation and all these documents that in any convertible currency and / or can be purchased freely in local money.

2. The designated airline of each, after deducting expenses from income derived from shipping traffic over the remaining income, based on the official exchange rate, upon request, shall have the right to transfer the rotation and the country.

Contracting States, and between payment agreement if it does not contain the appropriate provisions in this regard, the above mentioned transfer, in accordance with national laws and relevant foreign exchange regulations to be made in convertible currencies and designated airlines of each of the other Contracting Party in the territory of the company convertible currency and / or to sell in the domestic money shall have the right to.
Article 10

CAPACITY PROVISIONS


1. Both Contracting Parties to the airline business, in line specified in their countries, agreed services shall be fair and equal opportunity for their business.

2. Agreeing to the operation of thick time, the designated airlines of each Party, the other Contracting Party shall take into account the interests of the designated airline, so that in time, it provides the same lines or all of the latter over a part of you that have affected as unfair.
3
. Contracting Party has been designated the airline agreed they provide the company time, laid lines will be on closely related to people's transport needs and the airline started its determination meat Contracting State in the territory or existing traffic to get there, and reasonable as to provide a capability to meet with a reasonably anticipated transportation needs load factor It will be the main objectives.

4. The designated airlines of both Contracting Parties has been agreed services, provided by the company, they will agree on the time line will be stated in capacity and frequency. Frequency and capacity will depend on the approval of the aeronautical authorities of both Contracting Parties. This capacity will be adjusted from time to time subject to the approval of the aeronautical authorities of both Contracting Parties according to traffic demand.


5. to meet unexpected traffic demands of a temporary nature, which has been designated airlines, despite the provisions of this Article, this type of transient increases agreed on the need to meet passenger demand between them. Such will be notified without delay to the aeronautical authorities of the Contracting Parties for approval of any increase in capacity.

6. It stated the one designated by the airline of the Contracting Parties where operates at points in third countries along the line, an additional capacity of the capacity determined in accordance with the 3 and 4 above paragraphs, depending on the agreement between the aeronautical authorities of the Contracting Parties shall be applied by those airlines.
ARTICLE 11 TO REPRESENT



Each Contracting Party the other Contracting Party, with established airlines, agreed to perform the voyage, provided that their countries to bring technical and commercial personnel required for the business volume of such time and possession to the right of the other Contracting Party also recognized similar rights to the first Contracting Party's designated airlines will. The above-mentioned personnel, allow access to these Contracting Parties shall be subject to the legislation of the country and about the long stay.
AVIATION SAFETY Article 12



1. The Contracting Parties, in accordance with existing rights and obligations under international law, in order to protect against illegal intervention of civil aviation security obligations undertaken towards each other, they confirmed that they constitute an integral part of this Agreement. The Contracting Parties shall, without limiting the generality of their existing rights under international law and obligations, particularly September 14th Committed in the 1963 Special Offences and Related Tokyo Convention with other felonies, the Hague Convention for the Prevention of Hijacking December 16, 1970 Aircraft Unlawful Road, September 23, 1971, the Civil Aviation in the Montreal Convention for the Prevention of Crimes against the Security and International Civil Aviation serving Airport in Illegal Suppression of Violence on February 24, 1988, shall act in accordance with the Additional Protocol, signed in Montreal.

2. The Contracting Parties to prevent the seizure of the illegally civilian aircraft, this aircraft, passengers and crew, airports and air navigation facilities to eliminate any threat related to other illegal activities and civil aviation security against the police, they found each other needed any assistance if requested .
3
. The Contracting Parties shall, in their mutual relations, the Contracting Parties to the extent practicable, by the International Civil Aviation Organization Convention on International Civil Aviation shall act in accordance with the addition accepted aviation security provisions. The parties concerned which were found in the aircraft of their registry or operators of the business center of the country or permanent residents in the country with aircraft operators and airport operators Ülek will want to act in accordance with the aviation security provisions.

4. Each Contracting Party, the said aircraft operators for access to other Contracting Parties to the country to exit from the country, or of the other Contracting Party during the period of stay in this country, concurred that it could be asked to comply with the aviation security provisions referred to in paragraph 3 above.
each of
Contracting Parties to ensure the security of their own country aircraft, passengers, hand luggage of the crew, the general baggage, cargo, and will provide aircraft stores prior to loading and unloading and during control in order to take the adequate measures and effective implementation. Each Contracting Party shall, in order to eliminate a threat to any reasonable request of the special security measures taken towards the other Contracting Party shall take into account in a positive way.

5. The seized illegally of civil aircraft incidents or the occurrence of a threat in this direction or the aircraft, aircraft passengers and crew, for airports or air navigation facilities, the Contracting Parties in case of occurrence of other unlawful interference in the communication and speed of such an event or events threats and secure way by facilitating the adoption of other appropriate measures aimed at ending will help each other.


6. In applying the provisions of this Article aviation security, problems arise for either Contracting Party, the competent aeronautical authorities of each Contracting Party may request immediate consultations with the Aeronautical Authorities of the other Contracting Party.
ARTICLE 13 DETERMINATION OF TARIFFS



1. Contracting Parties designated airline business by be placed for transport to do or territory of the other Contracting Parties to the country tariffs, operating costs, keeping all the relevant factors into account, such as tariffs to a reasonable profit and other airline companies will be established at reasonable levels.

2. This Agreement Article 1 and on the tariffs referred to in paragraph 1 of this Article, after possible line all or part of consultation with other airlines that business over to be agreed between the airline companies have been designated by both Contracting Parties and for reaching such an agreement is possible, the International Air Transport Association (IATA), the procedures for making the tariff will be used.
3
. agreed tariffs on in this way, at least from the date of entry into force of the proposed sixty (60) days before the parties shall be submitted to the approval of the Civil Aviation Authority. In special cases this time, the reduced with the agreement of the authorities.

4. Such approval may be given expressly. If neither of the aeronautical authorities of the Parties from the date of submission of the tariff charges which have been submitted in accordance with the provisions of paragraph 3 of this Article within thirty (30) fails to notify their objections during the day, tariffs have been approved conception kindly. 3. In the case of the abbreviated presentation while fkır according to the provisions of the Civil Aviation Authority objections while thirty (30) can not be less than the agreed day.

5. If there is a wage agreement on tariffs in accordance with the provisions of paragraph 2 of this article, or one side of the Civil Aviation Authority of the other Party if to declare his opposition to a timetable which has been agreed in accordance with paragraph 2 of the provisions of the Civil Aviation Authority, the two sides Civil Aviation Authority of tariffs, the idea the useful number that State after consultation with the aeronautical authorities shall endeavor to determine by mutual agreement.

6. If the Civil Aviation Authority of this substance on them presented tariffs in accordance with the provisions of paragraph 3 or paragraph 5 accordance with the provisions Those not agree on the determination of any tariff dispute within the framework of Article 19 of the provisions of this Agreement shall be connected to the state shape.

7. This article is a fee schedule has been determined according to the provisions shall remain in force until a new one is made. Nevertheless, according to the provisions of this paragraph, a fee schedule, since the expiration of twelve (12) months will not be more than extension.
Article 14


INFORMATION AND STATISTICS
Any Contracting Party to the aeronautical authorities of the other Contracting Parties to the aviation authorities for the purpose of reviewing the capacity provided in the first Contracting designated the airline of the Parties enterprises of the agreed services, reasonable periodic or other statistical reports that may be required, available on demand will. These reports, they have carried passengers in the agreed services of these airlines and cargo volume and will contain all the information necessary to determine the starting and destination of the passenger load traffic.
Article 15

CONSULTATION


Recently in a spirit of cooperation, the aeronautical authorities of the Contracting Parties to this Agreement and Annex (s) the application of good judgment and from time to time in order to adapt satisfactory they will consult with each other.
ARTICLE 16 CHANGES



1. If any of the Contracting Parties found that desirable modification of any provision of this Agreement may wish to consult the other Contracting Party. Negotiations or correspondence between the Aeronautical Authorities and which may be made by way of such consultation, since demand for sixty (60) day period will begin. Thus agreed amendments will enter into force when it has been confirmed by exchange of diplomatic notes.

2. Additional Agreement (s) for amendments to be done with the aeronautical authorities of the Contracting Parties to agree among themselves to reach directly.
Article 17

MULTILATERAL AGREEMENT TO COMPLY



This agreement and attachment (s) will be binding for Contracting Parties of any multilateral shall be amended so as to comply with international agreements.
Article 18

TERMINATION


each of the Contracting Parties, that is its decision to terminate the Agreement may at any time notify the other Contracting Party, such notice shall be communicated to the International Civil Aviation Organization at the same time. In this case, an end to notices withdrawn before the end of this period, unless there is mutual agreement, taken after the date of notification by the other Contracting Parties to the Agreement (12) will end within months. If confirmed the receipt of the notice by the other Contracting Party, the International Civil Aviation Organization of the date of receipt of notice of fourteen (14) days shall be deemed to have been.
Article 19

SETTLEMENT OF DISPUTES


1. The Contracting Parties of this Agreement and Appendix (s) in the interpretation or any dispute arises concerning the implementation, the Contracting Parties shall endeavor to settle it by negotiation before.

2. The Contracting Parties shall, if they can not reach an agreement through negotiations, the dispute may agree on an arbitrator, and thus the two selected arbitrators to submit to a third arbitrator from an established arbitration 3 people will decide whether a person or entities to provide or be appointed from each of the Contracting Parties to be decided. Each of the Contracting Parties, a notice requesting arbitration of the dispute by either party the other sixty from the date of receipt through diplomatic channels (60) to appoint an arbitrator within days and the third arbitrator in the next (60) will be selected in a day time. It fails to appoint an arbitrator within the time given either Contracting Party or is not selected in the third arbitrator specified time International Civil Aviation one or more arbitrator to designate as required by the state from the Organization President may request any of the Contracting Parties. In this case, the third arbitrator shall be a national of a third State and shall act as president of the arbitral tribunal.
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. The Contracting Parties undertake to comply with any decision given under paragraph 2 of this Article.

4. If any of the Contracting Parties, or each airlines which have been designated by the Contracting Parties, as long as the material does not comply with the decision given under paragraph 2 and comply with the other Contracting Parties to the Contracting Parties which defective may limit the rights or privileges given by this Agreement, or suspend or revoke .

5. Each will cover the expenses of the arbitrators be appointed by the Contracting Parties. the remaining expenses of the arbitral tribunal shall be shared equally by the Contracting Parties.
Article 20



HEADS
Item title was put in order and ease only apply to this Agreement and in no way delimit the scope and objectives of this Agreement does not restrict or describe.
Article 21

REGISTRATION


This Agreement shall be registered with the International Civil Aviation Organization in the eyes.
Article 22



ENTRY INTO FORCE
This Agreement and annexes forming an integral part of this Agreement after the fulfillment of constitutional provisions of each Party, that effect on the date of their entry into force will be exchanged diplomatic notes.

Above and below the ratification of the undersigned duly authorized by the Government of the representatives have signed this Agreement.

Ljubljana on the third day of April 1997, in two copies

Turkish, Slovenian and is arranged through the English language, all texts are of equal accuracy. In case of disagreement, the English text will be valid.


REPUBLIC OF REPUBLIC OF SLOVENIA GOVERNMENT OF THE GOVERNMENT OF THE

ANNEX I



LINES Section 1


1. lines will be operated in both directions by the airline designated by the company of the Republic of Turkey;

December Departure Arrival Advanced
Points Points Points Points on Ljubljana in Turkey on



Agreement any agreement

Airport will be reached. It will be reached.


2. The designated airlines of each Party, which agreed on the time line that began in the territory of the Contracting Party and provided that end, in any or all flights may not be any of the above points.

Chapter 2.


1. lines will be operated in both directions by the airline designated by the Republic of Slovenia businesses;

December Departure Arrival Advanced Points Points Points Points


over Slovenia in Istanbul on any agreement will be reached agreement
airport. It will be reached.

2. The designated airlines of each Party, which agreed on the time line that began in the territory of the Contracting Party and provided that end, in any or all flights may not be any of the above points.
Additional points

Contracting Party ahead of time for each of the other Contracting Party in the territory of the country and of the Contracting Parties may request the inclusion of additional points. This request is subject to approval by the aeronautical authorities of the other Contracting Party.














Annex II
Agreed time of flight schedules and often their working conditions, a Contracting Party designated the airline management as of thought to the other Contracting Parties to the aviation authority approval at least thirty effective date (30) will be available the day before. This flight will be any change in the tariff or business conditions will be submitted to the approval of the aviation authorities. In special cases, it can be shortened with the agreement of the authorities referred to the period specified above.