On approval of the agreement between the Government of the Republic of Kazakhstan and the Federal Government of Austria on air traffic
Decree Of The President Of The Republic Of Kazakhstan. August 31, 1995 N 244
In accordance with Article 2 of the law of the Republic of Kazakhstan dated December 10, 1993" on granting temporary additional powers to the president of the Republic of Kazakhstan and local akims", I decree: 1. to approve the agreement between the Government of the Republic of Kazakhstan and the Federal Government of Austria on air traffic signed in Almaty on April 26, 1993 with the annex to Article 13 of this Agreement. 2.this decree comes into force from the date of its publication.
President Of The Republic Of Kazakhstan
Agreement between the Government of the Republic of Kazakhstan and the Federal Government of Austria on air traffic
The Government of the Republic of Kazakhstan and the Federal Government of Austria, hereinafter referred to as the "contracting parties", as participants in the convention on International Civil Aviation, open for signature, adopted in Chicago on December 7, 1944, agreed to the following agreements with the aim of establishing air traffic between their respective territories and abroad:
Article 1charts
The names used for the purposes of this Agreement, except for the context, mean the following meanings: A) the name "Contracting Parties" means the Government of the Republic of Kazakhstan on the one hand and the Federal Government of Austria on the other; (B) the name "Convention" means the Convention on International Civil Aviation adopted in Chicago as open for signature on December 7, 1944, and any annex to this convention and any amendments to its annex or itself in accordance with articles 90, 94 of the convention, if these annexes and amendments are adopted or approved by both Contracting Parties; C) the name" places of aviation power "means: in relation to the Republic of Kazakhstan - the Ministry of Transport, and in relation to the Republic of Austria - the Federal Minister of Public economy and transport, or, in both cases, any person who has the authority at this time to perform the duties of the specified places of power, otherwise the organization; d) the name" territory " (in relation to the state) means the surface of the Earth, the surface of the territorial water; E) the name" air traffic "means any regulated air traffic of passenger, cargo and Mail carried out by aircraft; E) the name" international air traffic "means air traffic carried out with airspace over the territory of one State; G) the name" aviation enterprise "means any aviation transportation enterprise that intends or uses international air traffic; H) the name" designated air enterprise " means an air enterprise designated and authorized in accordance with Article 3 of this Agreement; i) the name "stop for non-commercial purposes" means any purpose and landing, except for loading and unloading passengers, cargo and mail; k) the name "volume of carriage" means: 1) in relation to an aircraft - the carrying capacity of an aircraft flying along the entire route or part of it; 2) an installed aircraft that As for the ratio, it is the product of the volume of traffic of the aircraft used and the frequency of flight of this aircraft flying along the full route or part of it.
Article 2transportation of the right to transport
1.each Contracting Party grants the second contracting party the following rights in respect of its systematized International Airlines: a) grants the right to fly over its territory without landing; B) grants the right to settle on its territory for non-commercial purposes; C) grants the second contracting party the right to settle on its territory for the purpose of loading or unloading passengers, mail and cargo on international travel, as specified in the Annex to this Agreement. 2. Each Contracting Party grants the other party the rights defined by this Agreement for the purpose of establishing systematized international air traffic along the routes specified in the table attached to this Agreement. Such air routes and routes are henceforth referred to as "agreed air routes" and "fixed routes". 3. None of the rules in Paragraph 2 of this article provides that the air company assigned by the Contracting Parties has the right to board and load passengers, mail and cargo on the aircraft for the purpose of transportation between points on the territory of the second Contracting Party for the purpose of receiving a bonus or under lease terms.
Article 3The powers required
1.each Contracting Party has the right to appoint one or more air companies with written notification of the other contracting party for the purpose of using the agreed air routes along the established route. 2.the aviation authorities of the second Contracting Party, having received such an announcement, promptly authorize the flight of each designated Air company in accordance with the rules in paragraphs 4 and 5 of this Agreement. 3. Each Contracting Party shall have the right to refuse to issue a permit to another designated airline with written notification of the other contracting party. 4.each Contracting Party may request from the airline designated by the other Contracting Party evidence of all its ability to meet the conditions predetermined by the laws and regulations in force and reasonably applicable to this second contracting party in accordance with the rules of the Convention on the use of International Airways. 5. In all cases where each Contracting Party does not have evidence that the second contracting party appointed by the airline, otherwise its citizens, can exercise exclusive control over the designated airline, it may refuse to grant the airline a flight permit specified in Paragraph 2 of this article, otherwise it may require the designated airline to comply with various conditions that it will be required to exercise the rights specified in Article 2 of this Agreement. 6. An airline that has been assigned and thus obtained permission may always start operating the agreed air routes, provided that the tariffs established in accordance with the rules of Article 11 of this Agreement have entered into force and an agreement has been reached regarding the agreed air routes in accordance with the rules of Article 5 of this Agreement.
Article 4 revocation and suspension of the permit
1. each Contracting Party may request the cancellation of the flight permit of the designated airline of the other Contracting Party or the temporary suspension of the use of the rights specified in Article 2 of this Agreement, otherwise the fulfillment of various conditions that it will be necessary to exercise these rights in all cases: A) in all cases where the exclusive ownership over the same airline in the hands of the; B) in cases of violation of the laws and regulations of the contracting party that gave this airline the right to fly; C) in case of failure to comply with the requirements set out in this Agreement, if the airline, for any reason, does not comply with it. 2.if the urgent cancellation, temporary suspension or request for the fulfillment of the conditions specified in Paragraph 1 of this article is not a necessary measure to prevent further violations of laws and regulations, then the right referred to in this paragraph shall be exercised after consultation with the second contracting party. In this case, consultations must be delivered within 60 (sixty) days from the date of receipt of the request from one of the Contracting Parties.
5-Principles of use of coordinated air routes
1.Air companies designated by the Contracting Parties will be provided with fair and equal conditions for the use of agreed air routes along the established routes. 2.during the operation of the Agreed air routes, the airline of one Contracting Party, taking into account the interests of the airline of the other contracting party, must not harm the last airline by using the airway on this route or part of it. 3. The agreed air routes in which the designated Air companies of the contracting parties operate must meet the public tastes of Transportation on the established routes, and the priority task of each air company is to provide capacity to meet their current and projected demands when transporting passengers, cargo and mail between the designated contracting party and the territories of the final destination country of the movement. 4. The conditions for the transportation of passengers, cargo and Mail loaded and unloaded at points of third states along the established routes will meet the general principle, and thus the capacity will depend on: a) the needs for transportation between the countries of the beginning and end of Transportation; B) the transport needs of the region where the agreed air routes pass, taking into account the local and regional air routes established by the airline companies of the states located in this region; C) the needs for transfer transportation. 5. The flight schedule on the agreed air routes will be submitted for approval by the aviation authorities of the Contracting Parties 30 (thirty) days before the start of operation of the agreed air routes. And in some exceptional cases, this period is reduced with the consent of the above-mentioned authorities. 6.the flight schedule drawn up for one season in accordance with the rules of this article shall remain effective for subsequent seasons until another flight schedule is established in accordance with the rules of this article.
Article 6 documents and supporting documents
1.certificates of airworthiness issued by one contracting party or considered to be effective and not expired, certificates of the level of specialization and confirming documents shall be recognized as valid by the other contracting party for the purpose of operating the agreed air routes. 2.however, each Contracting Party in relation to flying over its territory may have the right to refuse to recognize certificates and confirmation documents of the level of profession issued to its citizens in another state or considered effective on the left.
Article 7 exemption from customs duties and fees
1.aircraft of air companies designated by each contracting party used in international transportation, as well as their plate property, stocks of fuel and lubricants loaded on the same aircraft, onboard reserves (including food, beverages and tobacco) are exempt from all customs duties and inspection fees and other similar fees after their import into the territory of the second contracting party, while property, materials and reserves must remain on board the aircraft until the period of return export. 2. At the same time, the following are exempt from such taxes, duties and fees, except for payments for the services provided: a) on-board reserves for consumption on board an aircraft flying along the established route of an aircraft company designated by the other Contracting Party, charged on the territory of one Contracting Party in the amount of a restriction established by the Government of that Contracting Party; B) spare parts imported into the territory of one contracting party for the relevant maintenance and repair of an aircraft used on the designated route by an Air company designated by the other Contracting Party; C) fuel and lubricants provided for consumption by an aircraft used on international flights by an Air company designated by the other contracting party on the territory of one contracting party, even if these reserves are used on the part of the route lying within the territory of the contracting party in which these materials are loaded. The materials specified in the above subparagraphs (a, B, B,) may, if necessary, be subject to control or supervision by customs administrations. 3.plate property on board the aircraft of one contracting party, as well as materials and stocks, shall be unloaded into the territory of the other contracting party only with the consent of the customs authorities of that contracting party. In this case, they may be placed under the supervision of the notified authorities until they are returned or otherwise applied in accordance with customs rules. 4. At the same time, the following sides and goods are exempt from all taxes and (or) duties, which are used in a very special case, but are brought to the territory of one Contracting Party by the airline of the other Contracting Party, namely: A) items used to equip the residential premises of representative offices and create official conditions, for example: all types of building materials, household equipment, office equipment, etc.) all types of telecommunications, such as teletype devices and radio communication devices or other equipment used within the airport; C) computer systems necessary for pre-booking (booking) and business use, as well as various official documents, such as baggage papers, traffic schedules, board cards with the signs of the airline. In the case of vehicles, only bus-like cars intended for the transport of passengers and baggage between the city office and the airport are exempt from duties.
Construction of articles 8
1.the tax on the income received by the aircraft using the agreed air routes shall be levied only by the current management of the enterprise located on the territory of the Contracting Party. 2.the tax on capital, consisting of movable property related to the maintenance and operation of an aircraft and such aircraft by the operator of the Agreed air routes, shall be levied only by the current management of the enterprise located on the territory of the contracting party.
Article 9 direct transit traffic
1.passengers, baggage, cargo and Mail flying in direct transit through the territory of one contracting party and not far from the designated air space for the same purpose are subject to light control only if it is not necessary to take security measures against violence, air piracy and carrying of narcotic drugs. 2.direct transit baggage and cargo will be exempt from customs duties and other similar taxes.
Article 10aviation safety
1.the Contracting Parties confirm their obligations to each other to protect the safety of civil aviation from acts of illegal interference in it in accordance with their rights and obligations arising from international law. In addition to limiting the general application of their rights and obligations obtained under international law, the contracting parties also signed the Convention on combating illegal seizure of aircraft, signed in The Hague on December 16, 1970, the Convention on crimes and other acts committed on board aircraft, signed in Tokyo on September 14, 1963, and the Convention on combating illegal acts directed against civil aviation security, signed in Montreal on September 23, 1971, it also acts in accordance with the principles of any other aviation safety conventions. 2.in case of application, the Contracting Parties shall provide each other with all necessary assistance in order to prevent illegal seizure of aircraft and any third-party actions aimed against the safety of those aircraft, their passengers and crews, airports and air navigation equipment, as well as creating a threat to the safety of Civil Aviation. 3. In bilateral relations, the Contracting Parties shall act in accordance with the provisions on Aviation Safety established by the International Civil Aviation Organization and the provisions contained in these annexes to the Convention on International Civil Aviation to the extent that these rules are applicable. They will require aircraft service providers and aircraft users who park or have a main service position on their territory, as well as employees at international airports on their territory to act in accordance with the rules-regulations on aviation safety. 4. Each contracting party also agrees that the second contracting party may directly demand that the aviation safety regulations and requirements referred to in paragraph 3, provided for entry into, departure from or stay within the territory of the second contracting party, be carefully observed by aircraft servicers. Each Contracting Party will ensure that the necessary measures are taken within its territory to protect aircraft and inspect passengers, crew, hand luggage, baggage, cargo and onboard stock before boarding or loading on the aircraft, otherwise during these processes. At the same time, each Contracting Party will be friendly at any request of the other Contracting Party to apply special security measures in the event of a real threat. 5. In the event of an attempt to seize an aircraft illegally, or in the event of a threat of conflict, otherwise illegal acts directed against the safety of the aircraft, its passengers and crew, airports and air navigation instruments, the Contracting Parties will assist each other by taking the necessary measures to facilitate interaction with the aim of promptly and without consequences eliminating such conflicts or its threats. 6. If one of the contracting parties fails to comply with the rules and regulations on aviation safety specified in this article, the Aviation Authority of the second Contracting Party may make a request to urgently hold a meeting from the Aviation Authority of the first contracting party.
Article 11transport tariffs
1.tariffs set by an Air company of one contracting party for transportation to or from the territory of another contracting party shall be set at a decent level, taking into account all relevant factors, including its operating costs, profit at the appropriate level, as well as air travel speed and convenience, etc. 2.the tariffs specified in Paragraph 1 of this article shall be coordinated with the airline designated by both Contracting Parties. 3. The harmonizations referred to in Paragraph 2 of this article shall be achieved, as far as possible, through actions applied in international practice. 4.tariffs coordinated in this way are submitted for approval by the aviation authorities of the two Contracting Parties not earlier than 30 (thirty) days before the estimated period of entry into force of these tariffs. In some individual cases, this period may be reduced with the consent of the notified authorities. 5. If the designated Air companies have not reached an agreement on the approval of one tariff, or for any other reason the tariffs have not been determined in accordance with paragraph 2 of this article, otherwise, within the first 15 (fifteen) days of the 30 (thirty) day period, in accordance with paragraph 4 of this article, the Aviation Authority of one Contracting Party sends a statement to the Aviation Authority of the other Contracting Party that it does not agree with any of the tariffs coordinated in accordance with paragraph 2 of this article, in this case, the aviation authorities of the two Contracting Parties will try to reach an agreement on these tariffs. 6.if the aviation authorities are unable to reach an agreement on the approval of any tariff submitted for their consideration in accordance with paragraph 4 of this article, or cannot determine which tariff in accordance with paragraph 5, the Contracting Parties shall try to reach a mutual agreement on such tariffs. 7.such tariffs may not enter into force until support is found from the aviation authorities of each Contracting Party. 8. The old tariffs imposed prior to the establishment of new tariffs in accordance with the provisions of this article shall remain in force.
Article 12 transfer of income
1.each Contracting Party grants the air Company designated by the other contracting party the right to freely transfer the difference amounts of income and expenses incurred during the transportation of passengers, baggage, mail and cargo on its territory. Such money transfer must be made in freely convertible currency at the official exchange rate, which is applied by the Contracting Parties in accordance with the currency exchange rules. After the request is received, the money must be transferred no later than 60 (sixty) days. 2. If there is a special payment agreement between the contracting parties, then the money transfer will be carried out in accordance with the provisions of this Agreement.
Article 13 assistance in the sale of air tickets
1.Air companies appointed by each contracting party have an equal opportunity to open their own representative office on the territory of the second contracting party with administrative, technical personal commercial personnel of the required size in accordance with the laws and regulations of that second contracting party. The necessary accreditation, certification and (or) registration of foreign personnel of the representative office is carried out in the bodies specified in paragraph "C" of Article 1. 2. Air companies designated by each contracting party will now have equal opportunities to issue all types of documents necessary for transportation on the territory of the second contracting party, as well as to produce advertising materials and promote the sale and sale of air tickets.
Article 14statistical information
1.the aviation authorities of one Contracting Party shall provide periodic and other statistical information at the request of the aviation authorities of the other contracting party. 2.such information includes all information messages required to determine the volume of Transportation made by the airline assigned by the same first Contracting Party on the agreed air routes and the range of these transportation at the places of origin and destination.
Article 15 advice and changes
1.in order to cooperate closely on all issues related to the implementation of this Agreement and its annexes, meetings will be periodically held between the aviation authorities of the Contracting Parties. 2.if one of the contracting parties considers it appropriate to change the rules of this agreement, it may ask the other contracting party to hold a meeting. Such consultations (which are prepared during discussions between aviation authorities) must be held within 60 (sixty) days from the date of receipt of the request, if both Contracting Parties do not agree to extend this period. The changes coordinated in this way will be approved in accordance with the rules and laws of each Contracting Party. 3.amendments included in the Annex shall be made in agreement with the aviation authorities of the Contracting Parties.
Article 16-regulation of cases
1.each dispute arising between the Contracting Parties in connection with the interpretation or application of this Agreement shall first be resolved through direct negotiations between them. 2.if the contracting parties cannot reach an agreement during the negotiations, they may entrust the consideration of the dispute to another person or organization; if they do not agree to such a decision, then at the request of one of the Contracting Parties, the dispute will be submitted for consideration by the arbitration court. To do this, each of the Contracting Parties appoints its own arbitrators. The appointed arbitrators determine the third arbitrator, to whom the arbitration court has the responsibility of presiding. The Contracting Parties shall appoint their arbitrators within 60 (sixty) days after receiving the message of the proposal through diplomatic channels to resolve the dispute issue through the arbitration court. The chairman of the arbitration court is appointed within the next 60 (sixty) days. If one of the conciliatory parties has not appointed its arbitrator or a third member of the arbitration court has not been appointed within the established time frame, then the conciliatory parties may ask the chairman of the Council of the International Civil Aviation Organization to prepare the arbitrator and (or) the chairman of the arbitration court. In all cases, the third arbitrator must be a citizen of a third country. 3.the Contracting Parties undertake to implement the decisions taken in accordance with paragraph 2 of this article. 4. If one of the contracting parties does not comply with the decision of the arbitration court, then the other Contracting Party has the opportunity to restrict, temporarily suspend or completely cancel the rights and benefits granted to the corrupt Contracting Party by this Agreement. 5.each Contracting Party shall personally pay the costs associated with the work of its appointed arbitrator. And the costs associated with the work of the chairman of the arbitration court and his fee, as well as the costs associated with the work of the arbitration court, will be paid equally by both Contracting Parties.
17-termination of the coaching force
1.each Contracting Party shall have the opportunity at any time through diplomatic channels to declare its intention to terminate this agreement to the other Contracting Party; such a statement shall be promptly sent to the Council of the International Civil Aviation Organization and the Secretariat of the United Nations Organization. 2.in this case, the agreement shall be terminated within 12 (twelve) months following the date of receipt of the same letter-statement by the second Contracting Party, if this letter-statement is not withdrawn in an agreed manner within the following period.
18-register
This Agreement and any subsequent amendments to it will be registered with the Council of the International Civil Aviation Organization and the Secretariat of the United Nations.
Article 19
This Agreement, remembering the constitutional procedures of both parties, shall enter into force from the first day of the second month following the date determined in the exchanged diplomatic notes of the two Contracting Parties on the fulfillment of all the requirements necessary for the entry into force of this Agreement. The following signatories, legally empowered by their respective governments, have signed this agreement, confirming the conditions set out above. The agreement was signed in Almaty on April 26, 1993 in two original copies, each in Kazakh, German and English, and all the texts will be equal in strength. In the case of disputes, the power of the text in English will prevail.
The Government of the Republic of Kazakhstan for the Federal Government of Austria
Additional
A Air companies designated by the Government of the Republic of Kazakhstan shall have the right to use regular air traffic established in both directions between locations in Kazakhstan and locations in Austria. B Air companies designated by the Austrian Federal Government will have the right to use regular air traffic established in both directions between locations in Austria and locations in Kazakhstan. C any intermediate and external locations will be serviced by air companies designated by each contracting party, without granting them the fifth freedom to carry out their flight operations. The possibility of granting the fifth freedom to carry out flight operations is likely to be resolved by an agreement between the aviation authorities of the two Contracting Parties.
President
Republic of Kazakhstan
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