of June 14, 2017
About air traffic
The government of the Republic of Tajikistan and the Government of the Republic of Armenia which are hereinafter referred to as by "Contracting parties";
being participants of the Convention on the international civil aviation open for signing in Chicago on December 7, 1944, and
wishing to sign the Agreement in addition to the mentioned Convention, for the purpose of establishment of regular air traffic between the corresponding territories of their states and out of their limits,
agreed as follows:
1. For the purposes of this agreement if other does not follow from context:
a) the term "Convention" means the Convention on international civil aviation open for signing in Chicago on December 7, 1944, and also any annex adopted in compliance with article 90 of this Convention and any amendments to appendices or the Conventions introduced according to articles 90 and 94 of the Convention if these appendix and amendments were adopted or ratified by both Contracting Parties;
b) the term "aviation authorities" means in relation to the Republic of Tajikistan the Ministry of transport of the Republic of Tajikistan, and to the Republic of Armenia Head department of civil aviation under the Government of the Republic of Armenia or concerning both Parties any other person or the organization who will perform the functions which are carried out now by the specified bodies;
c) the term "the appointed airline" means any airline which one of Contracting Parties appointed, having in writing notified on it other Contracting Party and authorized according to Article 3 of this agreement;
d) the term "rates" means the prices paid for transportation of passengers, baggage and load and conditions under which these prices are applied, including sales charges and other additional payments for agency services or for sale of transport documents, for exception of payments and conditions for transportation of mail;
e) the term "Agreement" means this agreement, its appendix and any amendments to the Agreement or Appendix;
e) the terms "territory" concerning the state means the terrestrial surfaces, territorial and internal waters and airspace over them which are under sovereignty of this state;
g) the term "international air traffic" means the air traffic performed through airspace over the territory more than one state;
h) the term "stop with non-commercial purposes" means landing for any other purposes, except loading and unloading of passengers, baggage, loads or mail.
1. Each of Contracting Parties grants to other Contracting Party the rights provided by this agreement for the purpose of establishment of the international air-lines along the routes specified in the offer to this agreement (the "contractual lines" and "the established routes" which are hereinafter referred to as respectively).
2. The airline appointed by each of Contracting Parties will use in case of operation of contractual lines along the established routes the following rights:
a) make flight over the territory of the state of other Contracting Party without landing;
b) make landing to the territories of the state of other Contracting Party with non-commercial purposes in the Items specified in appendix to this agreement;
c) make landing to the territories of the state of other Contracting Party in the Items specified in Appendix to this agreement, for the purpose of loading and/or unloading of passengers, baggage, load and mail, separately or in combination of the Contracting Parties following between the territories of the state.
3. Nothing in this Article will be considered as provision of the right to the appointed airlines of one of Contracting Parties to take aboard passengers, mail and load separately or in combinations for their transportation between Items in the territory of the state of other Contracting Party for remuneration or on hiring.
1. Each of Contracting Parties has the right to appoint airline (-and) for operation of contractual lines along the established routes, and also to cancel or change the appointed airline (i) another, having notified on it in writing through diplomatic channels other Contracting Party.
2. On receipt of such notification the aviation authorities of other Contracting Party according to provisions of Items 3 and 4 of this Article without delay provide to each appointed airline the corresponding permissions to flights.
3. Everyone can demand Contracting Parties from the airline appointed by other Contracting Party, proofs that it is capable will satisfy the conditions ordered by the laws and rules, usually and reasonably applied by the state of this Contracting Party in case of operation of the international air-lines according to Convention provisions.
4. Each of Contracting Parties has the right to refuse provision of permission to flights about which it is told in Item 2 of this Article, or to demand accomplishment such conditions which she will consider necessary when using of the appointed airline of the rights specified in Article 2 of this agreement, anyway, when the mentioned Contracting Party has no evidence that preferential ownership and the valid control over this airline belongs to the Contracting Party which appointed this airline or citizens of its state.
5. The airline appointed and got thus permission can begin operation of contractual lines at any time provided that it corresponds to provisions of this agreement.
1. Each of Contracting Parties has the right to cancel the permission to operate and to temporarily suspend use of the rights provided in Article 2 of this agreement, provided to the appointed airline of other Contracting Party or to demand accomplishment of such conditions which she will consider necessary when using these rights, in the following cases:
a) if she is not convinced that preferential ownership and the valid control over this airline belong to the Contracting Party which appointed airline or citizens of its state;
b) if the airline does not follow the laws and rules of the state of the Contracting Party granting these rights;
c) if the airline otherwise does not comply with the conditions signed by the present of the Agreement.
2. If immediate cancellation of permission, suspension of the rights or the requirement of accomplishment of the conditions specified in Item 1 of this Article is not necessary for the prevention of further violations of the laws and rules, such right will be used only after consultations between the aviation authorities of Contracting Parties. Such consultations shall take place during sixty (60) days from the date of receipt of request for their carrying out if between Contracting Parties there is no other arrangement.
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