Agreement between the Government of Ukraine and Government of the Republic of Estonia on air traffic
of July 6, 1993
The government of Ukraine and the Government of the Republic of Estonia which further hereinafter are referred to as as "the Contractual Parties" are participants of the Convention on the international civil aviation open for signing in Chicago on December 7, 1944,
wishing to sign the Agreement with the purpose of formation of air traffic between their corresponding territories and beyond their limits, agreed about it:
1. For the purpose of the conclusion of this Agreement the following terms matter:
a) "the aviation authorities" as for Ukraine - The ministry of transport of Ukraine, and as for the Republic of Estonia - the Ministry of Transport and Communications of the Republic of Estonia, or in both cases any person or body who are authorized to make functions of the mentioned authorities;
b) "the appointed airline" - the airline appointed and authorized according to Article 4 of this Agreement;
c) "Convention" - The convention on international civil aviation open for signing in Chicago on December 7, 1944; the term contains 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, in that amount in which these Appendices and amendments are adopted by both Contractual Parties;
d) "territory", "air traffic", "the international air traffic", "airline" and "stop with non-commercial purpose" make sense according to Article 2 and 96 of the Convention;
e) "rate" - the prices which are paid for transportation of passengers and load, and condition of use of these prices, including the prices and conditions for agency and other additional services, but excepting remuneration and conditions concerning transportation of mail.
2. Appendix to this Agreement is its integral part.
Each Contractual Party grants to other Contractual Party the rights provided by this Agreement, for the purpose of establishment of the international air traffic along the routes noted in Appendix to this Agreement (respectively "contractual lines" and "the established routes" hereinafter are referred to as further).
1. The airline appointed by each Contractual Party during operation of contractual lines along the established routes will have the right:
a) perform flight without stopping of the territory of other Contractual Party;
b) perform stops with non-commercial purpose in the territory of other Contractual Party;
c) perform stops in the territory of other Contractual Party in the Items specified in Appendix to this Agreement for the purpose of acceptance aboard and (or) unloadings of passengers, mail and load of the international message.
2. Specified in this Article will not be considered as the basis for provision to the appointed airline of one Contractual Party of the right to accept aboard passengers, mail and load for their transportation by acts in the territory of other Contractual Party for remuneration or under the terms of lease.
3. Routes of flights of aircrafts on contractual lines and Items of crossing of frontiers are established by each Contractual Party in the territory.
4. All technical and business concerns concerning flights of aircrafts and transportations of passengers, load and mail on contractual lines, and also all questions of rather commercial cooperation, namely, schedules, frequencies of flights, types of aircrafts, their land maintenance of aircrafts and procedure for financial calculations, will be solved by agreement between the appointed airlines of the Contractual Parties taking into account parity in volume of air transportation between the territories of the Contractual Parties and will go for approval to the aviation authorities of the Contractual Parties.
5. Schedules of movement on contractual lines shall be sent for consideration to the aviation authorities of the Contractual Parties not later than in 30 days prior to the expected date of opening of movement. In certain cases this term can be reduced under approval of the above-mentioned authorities.
1. Each Contractual Party will have the right to appoint to each contractual line for the purpose of its operation only one airline, having reported about it in writing to other Contractual Party.
2. After receipt of such message other Contractual Party according to provisions of Items 3 and 4 of this Article without delay will provide to each appointed airline the corresponding permission to flights.
3. The aviation authorities of one Contractual Party before issue of permissions to flights can request from airline of other Contractual Party of proofs that it is capable to satisfy conditions that are provided by the laws and rules which are applied by these authorities when implementing the international air traffics.
4. Each Contractual Party will have the right to refuse provision of the permission to flights noted in Item 2 of this Article or to request accomplishment of certain conditions which will consider it necessary to push in this case when the appointed airline has the rights noted in Article 3 of this Agreement, anyway, when the mentioned Contractual Party did not obtain the satisfactory evidence that overwhelming ownership and the actual control on this airline belongs to the Contractual Party. which appointed this airline, or to her citizens.
5. The appointed airline which got permission to flights properly will begin operation of contractual lines provided that the rates established according to provisions of Article 11 of this Agreement are enacted on these lines.
1. Each Contractual Party will have the right to abolish permission to flights or to stop use of the rights specified in Article 3 of this Agreement granted to the appointed airline of other Contractual Party or to request accomplishment of certain conditions which it will consider it necessary to push when using of these rights:
a) anyway, when she is not convinced that overwhelming ownership and the actual control over this airline belong to the Contractual Party which appointed this airline, or to her citizens, or
b) in case this airline does not follow the laws and the rules of the Contractual Party which grants these rights, or
c) in case the airline some otherwise does not follow the conditions provided by this Agreement.
2. If immediate cancellation, the termination or the requirement of accomplishment of the conditions noted in Item 1 of this Article is not necessary for prevention of further violation of the laws and rules, then the right about which there is a speech in this Item, will be used only after consultation between the aviation authorities of the Contractual Parties. Such consultations between the aviation authorities shall take place within 40 days of the date of receipt of request.
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