Agreement between the Government of the Republic of Belarus and Government of the Republic of Tajikistan on air traffic
of July 26, 2001
The government of the Republic of Belarus and the Government of the Republic of Tajikistan, further - Contracting Parties,
which states are participants of the Convention on the international civil aviation made in Chicago on December 7, 1944 and open for signing in Washington
wishing to sign the Agreement for the purpose of establishment of air traffic between the corresponding territories and beyond their limits,
agreed as follows:
1. The terms used in this agreement if the context does not provide other, have the following values:
"Convention" - The convention on international civil aviation made in Chicago on December 7, 1944 and open for signing in Washington, including any annex adopted according to article 90 of this Convention and any amendment to appendices or the Convention accepted according to articles 90 and 94 of the Convention in that degree in which these appendices and amendments are adopted or ratified by both Contracting Parties;
"the aviation authorities" - from the Republic of Belarus - the State committee on aircraft, from the Republic of Tajikistan - the Ministry of transport of the Republic of Tajikistan or in both cases any person or body, authorized to perform functions which are performed now by the mentioned authorities;
"the appointed airline" - airline which was appointed and received powers according to Article 3 of this agreement;
"territory", "air traffic", "the international air traffic", "airline" and "stop with non-commercial purposes" correspond to the values specified in articles 2 and 96 of the Convention;
"rates" - the prices paid for transportation of passengers, baggage and load, and condition according to which these prices are applied, except for of remuneration for transportation of mail and its conditions;
concerning the aircraft - commercial loading of this aircraft on route or part of route;
rather established air traffic - reservoir of the aircraft which is used on this message, increased by the frequency of the flights made by this aircraft throughout certain period on route or part of route;
"the operator of the aircraft" - person, the organization or the company which is engaged in operation of aircrafts or offering the services in this area.
2. Appendix to this agreement constitutes its integral part.
1. Each Contracting Party 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 Appendix to this agreement ("contractual lines" and "the established routes" are hereinafter referred to as respectively).
2. Each airline appointed by any Contracting Party will use in case of operation of contractual lines along the established routes the following rights:
a) make flights through 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;
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, mail and the load transported in the international message.
3. Nothing, specified in Item 2 of this Article, will be considered as the right of the appointed airline of any Contracting Party to accept aboard passengers, load and mail for transportation between Items in the territory of the state of other Contracting Party for remuneration or on hiring.
4. All technical and business concerns concerning flights of aircrafts and transportations of passengers, baggage, load and mail on contractual lines and also all questions relating to commercial cooperation, maintenance of aircrafts on the earth and to procedure for financial calculations will be solved by agreement between the appointed airlines of Contracting Parties.
1. Each Contracting Party has the right to appoint, having in writing notified on it other Contracting Party, one or several airlines for the purpose of operation of contractual lines along the established routes, and on one contractual line each Contracting Party can appoint on one airline.
2. After receipt of such appointment the aviation authorities of other Contracting Party according to provisions of Item 3 of this Article will instantly provide to each appointed airline the corresponding permission to accomplishment of flights.
3. The aviation authorities of one Contracting Party before issuing permission to accomplishment of flights, can demand from the airline appointed by other Contracting Party, proofs that it is capable to satisfy the conditions provided by the laws and rules which are usually and reasonably applied by these authorities in case of operation of the international air-lines according to Convention provisions.
4. The airline appointed and got thus permission can begin operation of contractual lines provided that the schedule of flights approved between the appointed airlines is approved by the aviation authorities of Contracting Parties, and the rates established according to provisions of Article 12 of this agreement are enacted on these lines.
5. The aviation authorities of Contracting Parties have the right according to provisions of this Article to replace any airline which they appointed with other airline. Again appointed airline will have the same rights and to incur the same obligations as airline which it replaces.
1. Each Contracting Party has the right to cancel the permission to operate or to temporarily suspend use of the rights specified in Article 2 of this agreement granted to the appointed airline of other Contracting Party or to demand accomplishment of such conditions which it will consider these rights, necessary in case of use, if:
a) she is not convinced that preferential ownership or the valid control over this company belongs to the Contracting Party which appointed this airline or citizens of its state;
b) such airline does not follow the laws and rules of the state of the Contracting Party granting these rights;
c) such airline any otherwise does not comply with the conditions provided by this agreement.
2. If immediate cancellation, temporary suspension or the requirement of accomplishment of the conditions specified in Item 1 of this Article are not necessary for the prevention of further violations of the laws and rules, then the right about which it is told in this Item will be used only after consultations between the aviation authorities of Contracting Parties which shall take place during sixty (60) days from the date of receipt of request.
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