On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Hungary on Air Services
Decree of the President of the Republic of Kazakhstan dated August 21, 1995 N 2416
In accordance with Article 2 of the Law of the Republic of Kazakhstan dated December 10, 1993 "On the temporary delegation of additional powers to the President of the Republic of Kazakhstan and heads of local administrations", I hereby decree:
1. To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Hungary on Air Services, signed in Almaty on March 9, 1995.
2. This Decree shall enter into force from the date of publication.
President of the Republic of Kazakhstan
Agreement *between the Government of the Republic of Kazakhstan and the Government of the Republic of Hungary on Air Services
*(Entered into force on October 6, 1995 - Bulletin of International Treaties of the Republic of Kazakhstan, 2003, No. 11, Article 80)
The Government of the Republic of Kazakhstan and the Government of the Republic of Hungary, hereinafter referred to as the "Contracting Parties", being parties to the Convention on International Civil Aviation, opened for signature in Chicago on December 7, 1944, desiring to conclude an Agreement, in addition to the said Convention, with a view to establishing regular air services between the respective territories of their States and beyond, have agreed on the following:
Article 1 Definitions
For the purposes of this Agreement, unless the context otherwise requires: (a) The term "Convention" means the Convention on International Civil Aviation, opened for signature in Chicago on December 7, 1944, and includes any Annex pursuant to article 90 of that Convention and any amendment to Annexes or Conventions pursuant to articles 90 and 94 of the Convention. if these Annexes and amendments have been accepted or ratified by both Contracting Parties; b) the term "aviation authorities" means, in relation to the Government of the Republic of Kazakhstan, the Ministry of Transport and Communications of the Republic of Kazakhstan, and in relation to the Government of the Republic of Hungary, the Ministry of Transport, Communications and Water Resources of the Republic of Hungary, or in both cases any other person or organization authorized to perform functions currently performed by these bodies; (c) The term "designated airline" means an airline designated and authorized in accordance with article 3 of this Agreement; (d) The term "tariffs" means the prices paid for the carriage of passengers, baggage and cargo, and for the conditions under which these prices apply, including fees and other additional payments for agency services or for the sale of transport documents, but excluding payments and conditions for the carriage of mail; (e) The term "Agreement" means this Agreement, its Annex, and any amendments to the Agreement or Annex; (f) The term "stopover for non-commercial purposes" means boarding for any purpose other than loading or unloading during the carriage of passengers, baggage, cargo and/or mail; (g) The term "fee rates" means fees charged by airlines for the provision of an airport, air navigation and aviation security facilities and other services.
Article 2 Granting of transportation rights
1. Each Contracting Party grants the other Contracting Party the following rights with respect to its scheduled international air routes: a) the right to fly through the territory of their State without landing; b) the right to land on the territory of their States for non-commercial purposes at the points specified in the Annex to this Agreement; (c) The right to load and unload passengers, baggage, cargo and mail traveling to or from points in the territory of the State of the other Contracting Party in the above-mentioned territory at points specified in the Annex to this Agreement; (d) The right to load and unload passengers in the territory of third countries at points specified in the Annex to this Agreement. baggage, cargo and mail traveling to or from points in the territory of the State of the other Contracting Party specified in the Annex to this Agreement. The routes indicated in the Appendix are hereinafter referred to as "established routes", and international air lines on these routes are referred to as "contractual lines". 2. Nothing in this Article shall be considered as granting the right to an airline of one Contracting Party to take on board passengers, cargo and mail on the territory of the other Contracting Party on lease or for remuneration and intended for transportation to another point in the territory of the State of the other Contracting Party.
Article 3 Authority
1. Each Contracting Party will have the right to designate one airline to operate the contract line along the established routes, notifying the other Contracting Party in writing. 2. Upon receipt of such notification, the aviation authorities of the other Contracting Party, in accordance with the provisions of paragraphs 4 and 5 of this Article, will immediately provide each designated airline with appropriate flight permits. 3. Each Contracting Party will have the right to refuse to designate such an airline and appoint another one, notifying the other Contracting Party in writing. 4. Each Contracting Party may require an airline designated by the other Contracting Party to prove that it is capable of fulfilling the conditions prescribed by the laws and regulations normally and reasonably applied by that Contracting Party in accordance with the provisions of the Convention when operating international air lines. 5. Each Contracting Party has the right to refuse to grant permission for the flights referred to in paragraph 2 of this Article, or to require the fulfillment of such conditions as it deems necessary when the designated airline uses the rights specified in Article 2 of this Agreement, in any case when the said Contracting Party does not have evidence that the preferential ownership and the actual control over this airline belongs to the Contracting Party that designated this airline, or to its citizens. 6. The airline so designated and authorized may at any time begin operating the contractual lines, provided that the tariffs established in accordance with the provisions of Article 11 of this Agreement are put into effect.
Article 4 Cancellation and suspension of granted rights
1. Each Contracting Party shall have the right to revoke the operating permit or temporarily suspend the use of the rights provided for in Article 2 of this Agreement granted to the designated airline of the other Contracting Party, or to require the fulfillment of such conditions as it deems necessary when exercising these rights in the following cases: a) if it is not convinced that the pre-emptive possession or effective control control of this airline belongs to the Contracting Party that designated this airline, or to its citizens; b) if this airline does not comply with the laws and regulations of the State of the Contracting Party granting it these rights; c) if the airline does not comply in any other way with the conditions prescribed by this Agreement. 2. If immediate cancellation, temporary suspension or the requirement to fulfill the conditions specified in paragraph 1 of this Article are not necessary to prevent further violations of laws and regulations, such a right will be used only after consultation with the other Contracting Party. Such consultations must begin within 60 days from the date of receipt of the request for consultation, unless otherwise agreed between the Contracting Parties.
Article 5 Application of laws and regulations
1. The laws, regulations and procedures of the State of one Contracting Party governing the arrival and departure from the territory of their States of an aircraft operating international air services will apply to the designated airline of the other Contracting Party. 2. The laws, rules and procedures of the State of one Contracting Party governing the entry, temporary stay and departure from its territory of passengers, crew, baggage, cargo or mail, such as entry, exit, emigration and immigration formalities, as well as customs regulations and sanitary measures, will apply to passengers, crew, baggage, cargo or mail carried by an aircraft of a designated airline of the other Contracting Party during their stay in the said territory. 3. Neither Contracting Party may grant a preferential right to its designated airline over the designated airline of the other Contracting Party in the application of the laws and regulations provided for in this article.
Article 6 Regulation of the volume of transportation
The volume of transportation performed on contractual lines must meet the following conditions: 1. The designated airline of each of the Contracting Parties will be provided with favorable and equal operating conditions for the contractual lines along the established routes. 2. Each Contracting Party will take all appropriate measures within its jurisdiction to exclude all forms of discrimination or unfair competition adversely affecting the airline of the other Contracting Party. 3. The designated airlines of both Contracting Parties must take into account the interests of the designated airline of the other Contracting Party in order not to cause any damage to the designated airline of the other Contracting Party, which also operates the same route or part of it during the operation of the contractual lines on the established routes.
Article 7 Recognition of certificates and certifications
1. Certificates of airworthiness, qualification certificates and certificates issued or recognized as valid by one of the Contracting Parties, the validity of which has not expired, are recognized as valid by the other Contracting Party during the operation of contractual lines. 2. Each Contracting Party, however, reserves the right to refuse recognition of qualification certificates and certificates issued to its citizens or recognized as valid by another State in relation to flights over the territory of its State.
Article 8 Exemption from customs duties and other charges
1. The aircraft of the designated airline of each Contracting Party used for international transportation, as well as their service equipment, fuel supplies, lubricants and on-board supplies (which are finished products, including souvenirs, food, beverages and tobacco products) on board such aircraft, will be exempt from all customs duties, inspection fees and other duties and taxes upon arrival in the territory of the State of the other Contracting Party, if such equipment and supplies remain on board the aircraft until they are returned. 2. They will also be exempt from such taxes, fees and duties, with the exception of fees for services provided: a) on-board supplies taken on board in the territory of a State of one Contracting Party in the amounts established by the aviation authorities of that Contracting Party for use on board an aircraft of the other Contracting Party operating on an established route; b) spare parts imported into the territory of a State of one of the Contracting Parties for maintenance or repair of an aircraft operated by an airline designated by the other Contracting Party on an established route; (c) Fuel and lubricants provided in the territory of the State of one Contracting Party for an aircraft of a designated airline of the other Contracting Party operating international flights, even if these supplies will be used on a section of the route passing within the territory of the State of the Contracting Party where they are taken on board; d) the necessary documents used by the designated airline of one of the Contracting Parties, including transport documentation, air waybills and promotional materials, as well as vehicles, materials and equipment that can be used by the designated airline for commercial and operational purposes on the territory of the airport, provided that such materials and equipment ensure the transportation of passengers and cargo. The materials specified in subparagraphs (a), (b), (c) and (d) of this Article may, upon request, be placed under the control or supervision of the Customs authorities. 3. Standard on-board equipment, as well as materials and supplies on board an aircraft of one Contracting Party, may be unloaded on the territory of the State of the other Contracting Party only with the permission of the customs authorities of that Contracting Party. In this case, they can be placed under the supervision of the mentioned authorities until they are taken back or receive another destination in accordance with customs regulations.
Article 9 Direct transit transportation
1. Passengers, baggage, cargo and mail traveling in direct transit through the territory of a State of one Contracting Party and not leaving the area of the airport designated for this purpose will be subject, except in cases where security measures against acts of violence, air piracy and drug trafficking are required, to simplified control only. 2. Baggage and cargo in direct transit will be exempt from customs duties and other similar taxes.
Article 10 Aviation safety
1. In accordance with their rights and obligations under international law, the Contracting Parties confirm their commitment to each other to protect the safety of civil aviation from acts of unlawful interference. Without limiting the general applicability of their rights and obligations under international law, the Contracting Parties will act in accordance with the provisions of the Convention on Crimes and Certain Other Acts Committed on Board Aircraft, signed in Tokyo on September 14, 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed in The Hague on December 16, 1970, and Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed in Montreal on September 23, 1971, its Additional Protocol on the Suppression of Unlawful Acts of Violence at International Civil Aviation Airports, signed in Montreal on February 24, 1988. 2. Upon request, the Contracting Parties shall provide all necessary assistance to each other to prevent acts of unlawful seizure of civil aircraft and other illegal acts directed against the safety of aircraft, their passengers and crews, airports and air navigation facilities, as well as any other threat to the safety of civil aviation. 3. The Contracting Parties shall act in their relations in accordance with the aviation safety provisions established by the International Civil Aviation Organization and referred to as Annexes to the Convention on International Civil Aviation, to the extent that such safety provisions are applicable to the Contracting Parties.; They will require that the maintenance personnel of aircraft whose main place of business or permanent residence is located on the territory of their States and airport maintenance personnel on the territory of their States act in accordance with such aviation safety regulations. 4. Each Contracting Party agrees that the other Contracting Party may require aircraft maintenance personnel to comply with the aviation safety provisions and requirements referred to in paragraph 3 of this Article, which are provided by that other Contracting Party for entry, exit and stay within the territory of their States. Each Contracting Party will ensure the effective application of appropriate measures within the territory of its State to protect aircraft and check passengers, crew, hand luggage, baggage, cargo and on-board supplies before and during boarding or loading. Each Contracting Party shall consider favourably any request from the other Contracting Party for the adoption of reasonable special security measures in connection with a specific threat. 5. When there is an incident or threat of an incident involving the illegal seizure of a civil aircraft or other illegal acts against the safety of aircraft, their passengers and crew, airports or air navigation facilities, the Contracting Parties will assist each other by facilitating communication and taking other appropriate measures to prevent such an incident quickly and safely. or his threats. 6. If one of the Contracting Parties fails to comply with the aviation safety provisions specified in this Article, the aviation authorities of the other Contracting Party may request immediate consultations from the aviation authorities of that Contracting Party.
Article 11 Pricing plans
1. Tariffs for transportation to or from the territory of any of the Contracting Parties will be set within reasonable limits, taking into account all relevant factors, including operating costs, reasonable profits, airline characteristics and consumer interests. 2. The tariffs specified in paragraph 1 of this Article will be agreed upon by the designated airlines of both Contracting Parties. 3. The agreement referred to in paragraph 2 of this article will, if possible, be achieved through the use of the fixed-rate mechanism applied by the International Air Transport Association. 4. The tariffs thus agreed upon will be submitted for approval to the aviation authorities of both Contracting Parties at least thirty (30) days before the expected date of their introduction; in some cases, this period may be shortened in agreement with the said authorities. 5. The tariffs will be considered approved if, within the first fifteen (15) days of the thirty-day (30) period referred to in paragraph 4 of this Article, none of the aviation authorities of the Contracting Parties gives notice of its disagreement with these tariffs. 6. If the designated airlines cannot reach an agreement on the approval of any fare, or if for any other reason tariffs cannot be established in accordance with paragraph 2 of this article, or if during the first fifteen (15) days of the thirty-day (30) period, in accordance with paragraph 4 of this article, the aviation The authorities of one Contracting Party shall notify the aviation authorities of the other Contracting Party of their disagreement with one of the tariffs agreed in accordance with paragraph 2 of this Article., The aviation authorities of both Contracting Parties will try to come to an agreement on these tariffs. 7. If the aviation authorities are unable to reach an agreement on approving any tariff submitted to them for consideration in accordance with paragraph 4 of this article, or on determining any tariff in accordance with paragraph 5, the dispute will be resolved in accordance with the provisions of Article 18 of this Agreement. 8. The tariffs established in accordance with the provisions of this Article will remain in force until new tariffs are established in accordance with the provisions of this Article, but not longer than twelve months from the date of disagreement with them by the aviation authorities of one of the Contracting Parties. 9. The aviation authorities of each Contracting Party will make every effort to ensure that designated airlines apply tariffs approved by the aviation authorities of the Contracting Parties, and that no airline will unlawfully apply tariff reductions to any extent or in any way, directly or indirectly.
Article 12 Transfer of income
1. Each Contracting Party grants the designated airline of the other Contracting Party the right to transfer the difference between receipts and expenses received on the territory of their States during the transportation of passengers, baggage, mail and cargo by the designated airline of the other Contracting Party in freely convertible currency based on the official effective exchange rate on the day of transfer. The transfer will be made immediately, no later than sixty (60) days after the application is submitted. 2. If there is a special payment agreement between the Contracting Parties, the payment will be made in accordance with the provisions of such agreement.
Article 13 Commercial activity
1. The designated airline of each Contracting Party will have equal opportunities, in accordance with the laws and regulations of the State of the other Contracting Party, to open representative offices in the territory of the State of the other Contracting Party with the necessary administrative, technical, commercial and operational personnel. 2. In the future, the designated airline of each Contracting Party will have equal opportunities to produce all types of transportation documentation, as well as to produce promotional materials and promote the sale of air tickets in the territory of the State of the other Contracting Party.
Article 14 Fee rates
Each Contracting Party will make every effort to ensure that fees for services charged by a designated airline of the other Contracting Party or authorized to be charged by the competent authorities of the first Contracting Party are fair and reasonable. They will be based on sound economic principles.
Article 15 Presentation of schedules
1. Flight schedules on contractual airlines will be submitted for approval to the aviation authorities of both Contracting Parties at least thirty (30) days before the expected date of their introduction. In special cases, this period may be shortened with the consent of the aforementioned authorities. 2. Requests for permission to perform additional flights may be submitted by the designated airline for approval directly to the aviation authorities of the other Contracting Party.
Article 16 Taxation
1. Income and profits earned from the operation of aircraft contractual lines will be taxed in accordance with the domestic laws of the Contracting Parties. 2. Capital represented by an aircraft operating contractual lines and movable property related to the operation of such aircraft will be taxed only in the territory of the State of the Contracting Party where the company's current management board is located. 3. If there is a special agreement between the Contracting Parties to avoid double taxation with regard to income taxes and capital taxes, its provisions will prevail.
Tatiana 17 Consultations and changes
1. In the spirit of close cooperation on all matters related to the implementation of the provisions of this Agreement, consultations will be held periodically between the aviation authorities of the Contracting Parties. Such consultations should begin within 60 days from the date of the request, unless both Contracting Parties agree to extend this period. 2. If one of the Contracting Parties considers it appropriate to amend any provision of this Agreement, it may request advice from the other Contracting Party. The amendments agreed in this way will be approved by each Contracting Party in accordance with their domestic procedures. 3. Changes to the Annex will be agreed upon between the relevant aviation authorities of the Contracting Parties and will enter into force immediately.
Article 18 Dispute resolution
1. Any dispute arising between the Contracting Parties in connection with the interpretation or application of this Agreement will be resolved primarily through direct negotiations. 2. If the Contracting Parties do not reach an agreement in the negotiations, they may refer the dispute to a competent person or organization; if they do not agree, the dispute will, at the request of one of the Contracting Parties, be referred to an Arbitration Court, for which each of the Contracting Parties appoints an arbitrator from its side.. The appointed arbitrators shall determine the third arbitrator, who shall assume the duty of Chairman of the Arbitration. The parties shall appoint their own arbitrator within 60 days from the date of receipt through diplomatic channels of the notification of the proposal to resolve the disputed issues through Arbitration. The Chairman of the Arbitration is appointed within the next 60 days. If one of the Contracting Parties does not appoint its own arbitrator or a third member of the Arbitration is not appointed at the appointed time, the Contracting Parties may request the Chairman of the Council of the International Civil Aviation Organization to appoint arbitrators or the Chairman of the Arbitration. In any case, the third arbitrator will be a citizen of a third country and will be the Chairman of the Arbitration. 3. The Contracting Parties undertake to implement the decisions taken pursuant to paragraph 2 of this Article. 4. If one of the Contracting Parties does not comply with the Arbitration award, the other Contracting Party has the right to limit, suspend or revoke any rights and benefits granted by this Agreement to the other Contracting Party for non-compliance. 5. Each of the Contracting Parties will bear the costs and payments related to the work of its appointed arbitrator. The fees and expenses of the Chairman of the Arbitration, as well as the costs related to the Arbitration, shall be paid equally by both Contracting Parties.
Article 19 Termination of the Agreement
1. Any Contracting Party may at any time notify the other Contracting Party through diplomatic channels of its intention to terminate this Agreement; such notification shall be immediately transmitted to the Council of the International Civil Aviation Organization. 2. In this case, the Agreement shall terminate 12 months after the date of receipt of such notification by the other Contracting Party, unless the termination notice is withdrawn by agreement before the expiration of this period. In the absence of confirmation of receipt by the other Contracting Party, the notification will be considered received fourteen (14) days after receipt of the notification by the International Civil Aviation Organization.
Article 20 Registration
This Agreement and any amendments thereto will be registered with the Council of the International Civil Aviation Organization.
Article 21 Entry into force
This Agreement will enter into force upon receipt by both Contracting Parties of notification through diplomatic channels of their compliance with the relevant requirements of their domestic laws and regulations.
In witness whereof, the undersigned, being duly authorized thereto by their respective Governments, have signed this Agreement.
Done in Almaty on March 9, 1995, in 2 original copies, each in Kazakh, Hungarian, Russian and English. In case of disagreement in the interpretation of this Agreement, the English text will prevail.
Application
1. The designated airline of the Republic of Kazakhstan has the right to operate air services in both directions along the route indicated below.:
Points in Intermediate Points to Points beyond
Other points Outside of Hungary
---------------------------------------------------------------------------
Almaty will be agreed- Budapest will be agreed
vans later later
2. The designated airline of the Republic of Hungary has the right to operate air services in both directions along the route indicated below.:
Points in Intermediate Points to Points beyond
Other points Outside of Kazakhstan
---------------------------------------------------------------------------
Budapest will be agreed- Almaty will be agreed
vans later later
3. Any or all points of the established route may, at the discretion of each designated airline, be omitted in any section or along the entire flight route. 4. Any intermediate points and/or points outside will be serviced by a designated airline of one Contracting Party without granting Fifth Degree freedom rights to operate flights between these points and the territory of the State of the other Contracting Party. Such Fifth-degree flight rights may, however, be granted by a designated airline of one Contracting Party after obtaining prior consent from the aviation authorities of the other Contracting Party. 5. The air services of designated airlines for points other than the capitals may be agreed upon by the aviation authorities of the Contracting Parties.
President
Republic of Kazakhstan
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