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Law No. 4439 Date of Admission: 05/08/1999
Article 1 - signed in Ankara on 15 September 1995, "the Government of the Republic of Latvia 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
GOVERNMENT OF THE REPUBLIC OF LATVIA
AIR TRANSPORT AGREEMENT
Henceforth this will be referred to as the Contracting Parties in the text and the Republic of Turkey and the Republic of Latvia Government to 7 December, opened in 1944 in a signature at Chicago International side of the Civil Aviation Convention, the countries between and beyond the desire to make a deal to establish air services;
They have agreed on the following items:
1. terms of this Agreement, unlike the provision in;
a) "Convention" means December 7 opened in 1944 for signature at Chicago International Civil Aviation Convention adopted in accordance with article 90 of the Convention with Annexes and the same Convention 90 and Article 94 made in the Convention or annexes in accordance with and the Contracting Parties means changes adopted It carries.
b) In the Republic of Turkey "aeronautical authorities" means the Minister of Transport or any person authorized to perform any of the tasks performed by the Minister of Transport or the body; with regard to the Republic of Latvia, Physical Planning, Engineering, Traffic and Ecology Ministry or any person authorized to perform any of the tasks performed by these authorities or refers to organs. c) "The designated airline companies" have been appointed in accordance with the terms of this Agreement and Article 3 of which refers to the authorized airlines.
d) "Country" means have the meaning specified in Article 2 of the Convention.
e) "Air Expeditions", "International Air Navigation", "Airline" and "technical landing" are, have the 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 regards the specific air time, within a certain period of time, the time in which a certain line or a portion of this line is the product of the number of flights by aircraft capacity is used for this expedition.
g) "fee schedule" means passengers, baggage or cargo (excluding mail) for transport, it will be provided in connection with transport or including additional facilities to be made available for commissions to be paid for the tickets sold for the transport of prices or persons to be nominated or freight It refers similar transactions to be made. Fee schedule also includes the conditions for the payment of the handling fee or commission for implementation.
Appendix 2 of this Agreement (s) constitute an integral part of the Agreement.
1. Each Contracting Party to the other, in order to scheduled international air services on the routes specified in the Annex 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. Each Contracting Party shall have the airline business for a specified time even when operating agreed, will have the following rights. a) Other Contracting Parties to the inmeksiz fly over the country;
b) Such technical descent to the country;
c) International passengers and baggage and leave the mail in order to get traffic and, in those countries, to make it down to the point specified in the Annex to this Agreement for the line.
2. Nothing in paragraph 1 of this Article, a Contracting Party's airline to the other Contracting Party in the territory of one point from the fee or rent for passengers to move, get mail yükv and can not be understood as that it gave the right to download another point in the same country.
1. Each Contracting Party, the other Contracting Party that designated the airline or airlines for the purpose of operating the routes specified in the agreed time, businesses will be entitled to notify in writing.
2. When will receive an appointment notification the other Contracting Party, subject to the provisions of paragraph 3 and paragraph 4 will be diagnosed without delay the necessary operating authorization to the designated airline business.
3. If one of the aeronautical authorities of the Contracting Parties, the other Parties have designated the airline business, in respect of the international air services of the enforcement of these authorities, ordinary and reasonable manner applicable laws and conferred the qualifications to fulfill the conditions prescribed in the regulations, may want to convince themselves. 4. Each Contracting Party, a designated airline of the main property and a real sense of control of the Contracting Party designating this airline or its citizens in cases where satisfied that in the hands of this article 2nd in paragraph may refuse to recognize the powers of the company mentioned or this Agreement the airline business in Article 2 may put records deemed necessary by the use of the rights mentioned.
5. After authorization of an airline company specified manner and his having been appointed, there is a capacity agreed upon and Article 10 and Article 13 of the agreed provided that it has been determined the fees and flight schedule, according to the provisions of time may start business at any time. Article 4
POWERS OF BUSINESS
CANCELLATION AND SUSPENSION
1. Each Party shall, in the following cases, which granted to an airline designated by the other Contracting Party to take back authority to operate or stop the exercise of the rights specified in this Agreement Article 2 or shall have the right to put the records it deems necessary to the exercise of these rights:
a) One of the merits of airline ownership or effective control of the Contracting Party designating the airline or its citizens to be satisfied that the company in the hands, or
b) that airline to comply with the laws and regulations of the Contracting Parties recognize the rights of the company, or
c) in any other way to do business in accordance with the conditions set forth in this Agreement, the airline business in the state.
2. withdrawal immediately given rights or stopping the use of these or 1 of this article to be of the specified record in paragraph laws and not necessarily to prevent the regulation of further infringements, such right shall only be used after consultation be made to the other Contracting Party.
IN AND OUT THE PERMISSION OF LAWS AND REGULATIONS
1. A Party access to the country by international air navigation by air, in the country stay and departure times in the country business and navigation related laws and regulations, nationality of both Contracting Parties of the aircraft will be applied regardless of difference; these laws and regulations when entering the territory of the Parties that his country remained and this will be followed by the aircraft leaving the country. 2. A Party aircraft carrying passengers, crew, cargo and acceptance of mail in the country, customs entry and exit for the departure of stay in the country or countries, immigration, passport and health control, such as the laws and regulations that passengers, crew, by cargo and mail, or they the name of that land to the entrance of the parties, will be followed while within the territory of the output and the ground.
3. Each air port facilities, providing technical and other conveniences of the use, including services provided by such rising fees and other charges, air navigation ease of use charge of communications facilities and services, will not be higher than those paid by the Operator airline has been designated of other States engaged in similar international air services . Article 6
EXEMPTION FROM CUSTOMS AND OTHER TAXES AND PAINTING of
1. Contracting by the airline companies designated each of the Parties on international voyages in the operation of aircraft and the usual equipment in these aircraft, fuel and lubricants, and (including food, beverages and tobacco) on board the mortician, upon arrival at the other Contracting Party in the country, to stay on board until they are taken out of the country again or provided for use in a flight on the part of the other Contracting parties to the country, 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 tax;
a) the territory of a Contracting Party, this party not to exceed the amount determined by the competent authorities and the designated airlines of the other Contracting Party received requisites for use in aircraft operated aircraft at the time of international 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) the Contracting Party that received the route to be used in the country, even if a portion of the other Contracting Party's designated airline operating the aircraft on international flights fuel and lubricants.
(A) above, (b) and (c) of the substances mentioned in sub-paragraph may need to be kept under customs supervision and control.
With customary AVIATION EQUIPMENT
STORAGE OF CONSUMER ARTICLE
Contracting Parties of each designated airline operating the plane taken in customary equipment such as materials and consumer goods in the territory of the other Contracting Party aircraft, but it can be emptied with the permission of the customs authorities of the country. In such a case, they götürülünce according to customs regulations or in any other way out of the country again held under the auspices of the authorities referred to until it is removed by hand. ARTICLE 8
DIRECT TRANSIT TRAFFIC
The transiting through the territory of a Contracting Party and to abandon the airport section designated for transit purposes passengers, baggage and cargo violence, air piracy and the regulated drug trafficking, without prejudice to the implementation of security measures against, will be subject to a very simplified control more. Baggage and cargo in direct transit shall be exempt from customs duties and other taxes.
1. The designated airline of each, directly or through agents, according to the appreciation of the other Contracting Party in the territory will be entitled to engage in the sale of their tickets. The airline companies will have the right to sell all the tickets and all tickets can also be bought freely by these companies. 2. The designated airlines of each passenger, cargo and turn the excess portion of the earnings from the mail transport expenses at the rate of exchange shall have the right to transfer to the state and country. In case of a payments agreement between the Contracting Parties to include appropriate provisions in this regard, the above mentioned transfer, in accordance with national laws and regulations concerning foreign exchange shall be made in convertible currency.
1. Each Contracting Party to the designated airline business, in line specified in their country, for the agreed services shall be fair and equal opportunity for the company.
2. Agreed in the operation of large expeditions, airline companies designated each Contracting Party shall take into account the interests of the airline company appointed by the other Contracting Party to avoid a negative impact on his expedition of the other in all or part of the specified line.
3. A capacity to meet Contracting expedition and agreed that they perform their designated airlines of the parties will be closely related to the need to carry on the line specified by the public and airline begins the territory of the Contracting Party designating the company or existing traffic to get there and reasonably anticipated transportation needs with a reasonable load factor will provide the main objectives. 4. The designated airlines of both Contracting Parties enterprises, the agreed services on the specified line this time the agreement will be operating over capacity and frequency. Frequency and capacity will depend on the approval of the aeronautical authorities of both Contracting Parties. This capacity may 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 the demand of an unexpected passenger in the temporary nature of the designated airline business, together with such provisions of this Article shall agree among themselves to meet the demand caused by the temporary increase. Each such increase in capacity will be notified without delay to the aeronautical authorities of the Contracting Parties. 6. Contracting Parties of the line specified in the one designated airline business case to operate at points in third countries, 3 and 4 above as determined in accordance with paragraphs capacity at an additional capacity of said subject to agreement between the aeronautical authorities of the Contracting Parties shall be applied by the airlines.
7. Agreed schedule of flights thick that time often these operating conditions, by the designated airline operators of a Contracting Party at least thirty of the date of expected entry into force of the tariff (30) days prior to the other Contracting Party to the aeronautical authorities of the other Contracting Party by the company has been appointed by the Contracting Parties It will be submitted to the civil aviation authority. Any changes to this schedule will be in practice or business conditions will also be submitted to the approval of aeronautical authorities. In exceptional cases, the abovementioned period may be shortened by agreement of the said authorities. ARTICLE 11
REPRESENTATION Each Contracting Party the designated airline of the other Contracting Party, agreed to carry out the bold expedition into their country to bring technical and commercial personnel required for the execution of this type will provide the right time and possession. The above-mentioned personnel, and that entry into the country of the Contracting Party shall be subject to the regulations of the country of residence.
1. The Contracting Parties shall, in accordance with existing rights and obligations under international law, to protect against unlawful interference with civil aviation safety obligations assumed by them against 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 December 16, 1970 Aircraft Act-off on the Prevention of Hijacking Ways Hague Convention of 23 September 1971 on Civil Aviation Montreal Convention for the Prevention of Crimes Against the Safety shall act in accordance with the provisions. 2. Contracting Parties to prevent the seizure of the way illegal civilian aircraft, this aircraft, passengers and crew, airports and air navigation facilities to eliminate any threat related to other illegal actions and civil aviation security against the security necessary to each other upon request shall provide all necessary assistance.
3. The Contracting Parties in their mutual relations, by the International Civil Aviation Organization will act in accordance with accepted aviation security provisions in addition to the Convention on International Civil Aviation. The parties concerned in the operation of aircraft in which its registered office or permanent residents of the center of the country or countries in which aircraft operators and airport operators in the country will want to act in accordance with the aviation security provisions. 4. Each Party shall, at the entrance to the other Contracting Party of the said aircraft operators countries, these countries exit or the other Contracting Party during the period of stay in this country, concurred that it could be asked to comply with the cited aviation security provisions in the above paragraph 3. 5. Each Contracting Party shall ensure the security of their own country aircraft, passengers, crew, baggage of the general baggage, cargo and aircraft prior to loading and unloading of the requisites and during control in order to take appropriate measures and they will be applied in an effective way. 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. 6. seized ways illegal of civil aircraft incident or finding a threat occurs in this direction or the aircraft, aircraft passengers and crew, airports or air navigation Contracting Parties other illegal intervention in case of occurrence for plant communication and or such an event threat aimed at the rapid and safe manner terminated by facilitating taking other appropriate measures will help each other.
7. In applying the provisions of this Article aviation safety issues arise for either Contracting Party, the 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. Unless one of the Contracting Parties to the airline Operator to be determined for transit to other Contracting Parties to the country or countries of tariffs, operating costs, all the relevant factors, such as tariffs to a reasonable profit and other airline companies will be established at reasonable levels, keeping in view.
2. This Agreement Article 1 and the tariffs referred to in paragraph 1 of this Article, if possible, after the line all or consultation with other airlines made a part of the business will be determined by agreement between the company designated airline of both Contracting Parties and for reaching such an agreement possible when the international Air Transport Association (IATA), the procedures for making the tariff will be used. 3. The tariffs agreed upon in this way, the proposed date of entry into force of at least sixty (60) days shall be submitted to the approval of the aeronautical authorities of the Contracting Parties. In special cases, this period may be reduced with the agreement of the said authorities.
4. This approval may be given expressly. If neither of the aeronautical authorities from the date of submission of the tariff charges which have been presented pursuant to the provisions of paragraph 3 of this Article within thirty (30) days appeal not reported, tariffs are to be regarded that it has been approved. According to the provisions of paragraph 3 of the presentation in case of a shortened period of time, unless the aeronautical authorities of appeal within thirty (30) may agree to have less than a day.
5. If on a fee schedule is not reached an agreement according to this article, paragraph 2 of the provisions or the aeronautical authorities of one another aviation authority of paragraph 2 shall if to declare his opposition to a timetable which has been agreed in accordance with, identified two Contracting Parties aviation authorities tariffs by mutual agreement they will try to. 6. If the aeronautical authorities of this matter in accordance with paragraph 3 of the judgment on themselves presented tariffs or paragraph 5 is agree on the determination of any tariff in accordance with the provisions, the dispute will be connected to the shape becomes of this Agreement within the framework of Article 19 provisions.
7. A fee schedule has been determined according to the provisions of this Article shall remain in force until a new one is detected. However, according to the provisions of this paragraph, a fee schedule, since the expiration of twelve (12) months will not be more than extension.
INFORMATION AND STATISTICS
Contracting Parties of each of the aeronautical authorities of the other Contracting Parties to the aviation authorities for the purpose of reviewing the capacity provided in the first Contracting Party designated airline enterprises of the agreed to time, reasonably be deemed necessary circuits or other statistical information shall be given on demand. This information shall contain all the information necessary to identify traffic that moved at the agreed time and at the beginning of this airline and destination of the traffic. ARTICLE 15
In close cooperation concept, the aeronautical authorities of the Contracting Parties and the implementation of this Agreement and its provisions shall consult with each other from time to time in order to ensure compliance with them. These consultations thirty following a request from one of the Contracting Parties (30) will start in the day.
1. If one Contracting Party finds that desirable modification of any provision of this Agreement, may request to be done in consultation with the other Contracting Party. which can be done by way of negotiation or correspondence between the aeronautical authorities of such consultation, since demand for sixty (60) day period will begin. In this way, it agreed that amendments will enter into force when confirmed by an exchange of diplomatic notes.
2. Agreement on the amendments to the Annexes to be done with the aeronautical authorities of the Contracting Parties directly reach agreement among themselves.
COMPLIANCE WITH MULTILATERAL AGREEMENTS
This Agreement and its annexes will be binding for any multilateral Each Contracting Party shall be amended to comply with the contract.
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, the end to the notices were taken back by mutual agreement, the Agreement, after the date of receipt by the other Contracting Party notice of twelve (12) months will end. not be confirmed by the other Contracting Party notice, notification, the International Civil Aviation Organization acknowledge receipt of the date on which fourteen (14) days shall be deemed to have been. ARTICLE 19
SETTLEMENT OF DISPUTES
1. The interpretation of this Agreement and its Annexes or any dispute arises between the Contracting Parties relating to 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 negotiation, a referee and so a third arbitrator to be appointed by the two selected arbitration 3 person disputes a party or formation of a deposited to or Contracting Party to the determination of the Contracting Parties at the request of each will be appointed each It may be agreed to submit to an arbitral tribunal. Each of the Contracting Parties, a notice requesting arbitration of the dispute than 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 sixty (60) will be appointed within a period of day. It fails to appoint an arbitrator within the time given to any of the Contracting Parties or if the third arbitrator appointed within the specified time, either Contracting Party as required by the state from the President of the International Civil Aviation Organization may want to appoint arbitrator or arbitrators. In this case, the third arbitrator will bear the nationality of a third State and shall act as president of the arbitral tribunal. 3. The Contracting Parties of this article will be given according to paragraph 2 undertake to comply with any decision.
4. If the Contracting airline companies designated any one or more of the Contracting Party of the parties comply with the decision taken with respect to this article, paragraph 2, during the period that followed, the other Contracting Party flawed that the Contracting Party may limit the rights or privileges given by this Agreement, or suspend or cancel can. 5. Each Contracting Party shall pay the expenses of the arbitrator it has appointed. the remaining expenses of the arbitral tribunal shall be shared equally by the Contracting Parties.
Article titles are put in order to ensure just and ease of application of this Agreement and in no way delimit the scope and objectives of this Agreement does not restrict or describe.
This Agreement and its annexes, will be registered with the International Civil Aviation Organization before. ARTICLE 22
ENTRY INTO FORCE
After the execution of this Agreement, each Party's constitutional provisions to that effect at the time they were exchanged diplomatic notes will enter into force.
Representatives of the above and in witness whereof, the undersigned duly authorized by their respective Governments, have signed this Agreement.
Ankara on the fifteenth day of September 1995, is organized in two copies in English.
GOVERNMENT OF THE REPUBLIC OF LATVIA GOVERNMENT OF THE REPUBLIC OF TURKEY Dr. Ali Alexis EREK Republic of Turkey and the Republic of Latvia Andris GUTMANİS Transport Minister Transport Minister
Lines will make time in both directions of the designated airline of the Republic of Turkey:
Points-Riga in Turkey.
Lines will make time in both directions of the designated airline of the Republic of Latvia:
Points-Istanbul in Latvia.
Each Contracting Party shall, to the destination, other than the Contracting Parties to the country or the other point between the two countries can demand the land in addition. This request is submitted to the approval of the other Contracting Party's civil aviation authority.
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