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AIR TRANSPORT AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF INDONESIA AND THE GOVERNMENT OF THE REPUBLIC OF BULGARIA FOR AIR SERVICES BETWEEN AND BEYOND THEIR RESPECTIVE TERRITORIES
The Government of the Republic of Indonesia and the Government of the Republic of Bulgaria (hereinafter referred to as the "Contracting Parties"); Being parties to the Convention on International Civil Aviation; Confirming their will to contribute to international civil aviation; Desiring to establish respective territories;
the
air services between
progress and
beyond
Decided to conclude this Agreement and agreed as follows:
1
of
the their
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ARTICLE
I
DEFfNITIONS
For the purpose of the interpretation and application Agreement, except as otherwlse provided herein:
of
the
a) the term "the Convention" means the Convention on International Civil Aviation, opened for signature at Chicago on the seve nth day of December J944. and includes Any Annex adopted under Artlcle 90 of tl1at Convention and any amendment of the Annexes of the Convention under Articles 90 and 94 thereof, so far as those Annexes and amendments have become effective for both Contracting Parties; the term "aeronautical authorities " means in the case of the Republic of Indonesia the Minister of Co mmunication s and in the case of the Republic of Bulgaria the Ministry of Transport or in both cases any person or body duly authorized to perform any functlons exercised by the said authorities; b)
c) the term "designated airline" means the airline which has been designated and authorized in accordance with Article III of the present Agreement; the term "territory" means in the case of Indo nesia the territory of the Republic of Indonesi a as d ef ined in its l aws and the adjacent areas over which the Republi c of lndonesia has sovereignty, sovereign rights or jurisdic tions in accordance with the international law and in the case of the Republic o f Bulgaria the land areas, the territorial and inland waters belor1ging to it the airspace above under the sovereignty of the Republic of Bulg a ria; d)
e) the terms "air services", "international air service", "a irline", and "stop for non-traffic purpo s es " have the meaning respe ct ively assigned to them in Article 96 of the Convention; f) the payload route;
term "capaclty" in relation to an aircraft means the of the aircraft available on the route or section of a
g) the term "capacity" in relation to a specified a ir se rvi ce means the capacity of aircraft, used on such service, mul tiplied by the frequ e ncy of the flights, operated by such an aircraft over a given p e riod and route or section of rou te; h) th e terms "a greed services" and "spec ifi ed routes" have the meaning re spec tively of scheduled intern at i o nal air services and of routes specified in the Annex t o thjs Agreement;
i) the term "tariff" means the prices to be paid for the carriage of passengers or cargo and the conditions under which those prices apply, including prices and conditions for additional services, but excluding remunerations for the carriage of mail:
j) The Annex to this Agreement is considered an inseparable part of it, and any reference to the Agreement includes the Annex and the amendments except as otherwise provided herein.
3
- -·--- .r.'"llf.,,.
ARTICLE II GRANT OF RIGHTS 1. Each Contracting Party grants to the other Contracting Party the rights specified in the present Agreement for the purpose of establishing and operating agreed services on specified routes. The airline, designated by each Contracting Party shall enjoy, while operating an agreed service on a specified route, the right to make stops in the said territory at the points, specified in the Annex to it for the purpose of puttjng down or taking up international traffic of passengers, cargo and mail destined for or coming from points in the territory of the other Contracting Party.
2. The provisions in paragraph (1) of this Article shall not be deemed to confer on the airline of one Contracting Party the privilege of taking up, in the territory of the other Contracting Party passengers, cargo or mail carried for remuner-ation or hire and destined for another point in the territory of that other Contracting Party. 3. In addition to the rights granted in paragraph (1} of this of Article, each Contracting Party grants also to the airline the other Contracting Party for international air services;
a) the right to fly across its territory without landing; b) the right to land in such territory for non-traffic purposes . The flight of the civil aircraft of one Contracting Party overflying or landing in the territory of the other Contracting Party for non-traffic purposes shall be performed only after an advance permission is being granted by the other Contracting Party. 4. Notwithstanding the provisions of paragraphs (1) and (2) of ·this Article, the operation of agreed services in areas of hostilities or military occupation, or in areas affected thereby, shall, in accordance with Article 9 of the Convention, be subject to the approval of the competent military authorities.
4
ARTICLE III
DESIGNATION OF AIRLINE
AND OPERATING AUTl-IORIZATION
1. Each Contracting Party shall have the right to designate in writing to the other Contracting Party an airline for the purpose of operating the agreed services on the specified routes. Each Contracting Party shall notify in writing to the other Contracting Party the substitution of its designated airline by another designated airline. 2. On receipt of such designation, each Contracting Party shall grant without delay, subject to the provisions of paragraphs (3) and (4) of this Article to the airline designated by the other ~C9ntracting Party the appropriate · operating authorization. 3. Each Contracting Party may require the airline, designated by the other Contracting Party to satisfy them that it is qualified to fulfil the conditions prescribed under the laws and regulations normally and reasonably applied to the operation of international air services by such authorities in conformity with the provisions of the Convention. 4. Each Contracting Party shall have the right to refuse to gran t the operating authorization referred to in paragraph ( 2) of this Article if it does not obtain the required evidence prescribed under paragraph (3) of this Article, or is not satisfied that substantial ownership and effective control of the airline are vested in the Contracting Party dealgnating it or in its natjonals. 5. On receipt of the operatlng authorization referred to in paragraph (2) of this Article, the designated airline may begin at any time to operate any agreed service, provided the tariff and schedule established in accordance with the provisions of Articles VIII and V of the present Agreement are in force in respect of that service. 6. On a basis of reciprocity visas will not be required for entry, stay and exjt of the crews of the aircraft operated by the designated airline of the ContrBcting Parties, provlderl that they leave on the Bame following flight on the return r oute. Thie refers also to cases where the"crew, owning to the techni c al condition of the aircraft or to health and medical reasons remain in the country, and leave on the next following flight on the return route.
5
ARTICLE IV REVOCATION OR SUSPENSION OF RIGHTS 1 . Each Contracting Party shall have the right to revoke an operating authorization or to suspend the exercise of the rights specified in Article II of the present Agreement by an airline designated by the other Contracting Party, or to impose such conditions as it may deem necessary on the exercise of these rights: a) in any case where there is reason to doubt that substantial ownership and effective control of that airline are vested in the Contracting Party designating the airline or in nationals of such Contracting Party; or b) in the case of failure by that airline to comply with the laws or regulations in force in the territory of the Contracting Party granting these rights; or c) in case the accordance with Agreement.
in otherwise fails to operate airline the present conditions prescribed under
2. Unless immediate revocation, suspension or imposition of the conditions mentioned in paragraph (1) of this Article is . essential to prevent further infringements of laws or regulations, such right shall be exercised only after consultation with the other Contracting Party.
6
AHTICLE V CAPACITY 1. The designated airline of each Contracting Party shall, in all rP.spects, enjoy fair and egual opportunity for the carriage of international trnffic helween rind beyond the territories of tl!P. two Parties.
2. In operating the agreed services, the airline of each Contracting Party shall take into account the interests of the airlinA of the other Contracting Party so as not to affect unduly the services which the Jntter provides on the whole or part of the same routes. 3. The cap.acity to be provided, the frequency of services to be operated and the nature of air service, that is, transiting through or terminating ln the territory of the Contracting Party shall be agreed between the aeronautical authorities in accordance with the principles laid down in this Article. 4. Any increase in the capacity to be provided or frequency of services to be operated by the designated airline of the other Contracting Party shall be agreed between the aeronautical authorities. on the bi3.sis of the estimated requirements of traffic between the territories of the two Contracting Parties and any other traffic to be jointly agreed and determined . Pending suct1 agreement or settlement, the capacity and frequency entitlementA already in force shall prevail. 5. The capacity to be provided, the frequency of services to be operated and the nature of air service, that is transiting through or- terminating in the territory of the other Contracting Party IJF.I "9.grP.P.d to in nr.cnrdance with the provisions of this Article shall be speci(ied in i3.Tl exchange of letters between the ~eronautical authorities of the Contracting Party.
7
/\f<TICLE VI EXEMPTIONS FROM DUTIES AND TAXES 1. Each Contracting Party shall on a basis of reciprocity
exempt the designated airline of the other Contracting Party to the fullest extent possible under its national law from import restri ct ions, customs duties excise taxes, inspection fees and other national duties and charges on aircraft fuel, lubrication oils consumable, technical supplies, spare parts including engines, regular aircr·aft equipments, aircraft stores (including liquor, tobacco, beverages and other products destined for sale to passengers in limited quantities during the flight) and other items intended for use solely in connection with the operation of servicing of aircraft o f the designated airline of such Contracting Party operating the agreed services, as well as printed ticket stock, airway bills, any printed material wl1ich bears the insignia or t..he company printed thereon and usual publicity material distributed without charge by t~at designated airline. 2. The exemption granted by tl1ie Article shall apply to the items referred to in paragraph (1) of this Article: a) introduced in the territory of one Contracting Party by or on behalf of the designated airline of the other Contracting Party; b) retained on board the aircraft of the designated airline of one Contracting Party upon arriving to or departing from the territory of the other Contracting Party; c) taken on board the aircraft of the designated airline o f one Contracting Party in the territory of other Contracting Party and intended for use in operating the agreed services; whether or not such items are used or consumed wholly or partly within the territory of the Co ntr ac ting Party granting the exemption, . Provided such items are not alienated in the territory of the said Contracting Party. ~ 3 . The regular airborne equipment, as well as materials an~ supplies normally retained on board the aircraft of the designated airline of either Contracting Party may be unloaded in the territory of the other Contracting Party only with the approval of the customs aut h orities of that territory_ In such case, they may be placed under supervision of the said authorities up to such time they are reexpo~ted or otherwise disposed of in acco rd ance with customs regulations.
8
ARTICLE Vll UIHECT THMISIT
Transit passengers, luggage and cargo across the territory of either Contacting Party which do not leave the airport area destined for them, will undergo a very simplified control. Luggage and cargo in direct transit are exempt from customs duties and other similar charges.
9
.·.
/\HTICLE VIII T/\HIFFS
1. The tariffs to hA charged by the designated airline of one Contracting Party for carrjagP. to nr. from the territory of the other Contracting Party shal J be est.ab} ishP.d at reasonable levels, due rP.gurd br-dng paid t.n ril J rP.lev-:int factors, including cost nf operat:.inn. re'3s0rwhl.r-> i:•r·nfit ;incl tariffs of other airline. 2. The tariffs referred to in paragrapl1 (1) of this Article, shall if possible be agreed between the designated airlines of both Contracting Parties. after consultation with the other air.line operaU ng 0ver the who le or part of the same route. and such rigreernent shall. whArever possible, be reached by the use of the procedures of the International /\ir Transport Association for the working out of tariffs. 3. The tariffs so rigreed shall be submitted for the approval of the aeronautical authorities of both Contracting Par.ties .:i.t least 60 (sixty) driys befnre the proposed date of their introduction. Jn r:;pec i !'\I r:AAe s Lid F.I r·e r j nd may be reduced, subject to the mutual agreement of the said authorities. 4. This approval may be given exrressly. 1£ neither of the aeronautical author.itieA has expressed
of this paragraph for mo re than 12 (twelve) months after the date on which it otherwise would t1ave expired.
11
ARTICLE IX
EXCHANGE OF INFORMATION AND STATISTICS The aeronautical authorities of each Contractin~ Partv shall supply to the aeronautical authorities of the other Contracting Party, at their request, such periodic or other statement of statistics as may be reasonably required for the purpose of reviewing the capacity provided on the agreed services by the designated airline of the Contracting Party referred to first in this paragraph. Such statements shall include all information required to determine the amount of traffic carried by tha~ airline on the agreed services and origin and destination of such traffic.
12
ARTICLE
)~
TRANSFER OF EXCESS RECEIPTS 1. The designated airline of one Contracting Partv shall be free to sell air transport services in the territory of the other Contracting Party either directly or through agent. in the local currency or in any freely convertible currency in accordance with the respective applicable National Laws and Regulations. 2. The designated airline of the Contracting Parties shall be free to transfer from the territory of sale to their home territory the excess. in the territory of sale, of receipt over expenditure. Included in such net transfer shall be revenues from sales, made directly or through an agent of air transport services. and ancillary supplementary services, and normal commercial interest earned on such revenues while on deposit awaiting transfer.
13
ARTICLE XI REPRESENTATION 1. The designated airline of one Contractin~ Partv shall be allowed on the basis of reciprocitv to maintain in the territorv of the other Contracting Party their representatives and commercial. operational and technical staff as required in connection with the operation of the agreed services. These staff shall be chosen among nationals of either or both Parties as may be necessary. 2. These staff requirements may. at the opinion of the designated airline, be satisfied by its own personnel or by using the services of other organization. company or airline operating in the territory of the other Contracting Party, and authorized to perform such services in the territory of that Contracting Party. 3. The representatives and staff shall be subject to the laws and regulations in force in the other Contracting Party. and consistent with such laws and regulations, each Contracting Party shall on the basis of reciprocity and with the minimum of delay grant the necessary work permits. employment visas or other similar documents to the representatives and staff referred to in paragraph (1) of this Article.
14
ARTICLE XII
APPLICATION OF
I~WS
AND REGULATIONS
1. The l aws and regulations of each Contracting Party controlling the admission to or departure from its own territory of aircraft engaged in international navigation or relative to tl1e operation of sucl1 aircraft while within its territory, shall ~e applied to the aircraft of the designated airline of the other Contracting Party. 2. The laws and regulations of each Contracting Party relating to the admissjon to , stay ]n, transit through and departure from its territory of passengers, crew, baggage, cargo and mail on aircraft, in c lud ing regulations relating to entry and departure . immigration, and emigration, passports, ct1etoms. currency and sanitary measures, shall be completed with by the airline of each Contracting Party upon entrance into or departure from and while within the territory of the other Contracting Party.
15
AHTICLI!: XIII
RECOGtlITION OF CERT1FIC/\TES /\ND LICENCES
l. Certificates of airworthiness, certificates of competency
and licences issued or rendered valid by one Contracting Party and still in force shall be recognized as valid by the other Contracting Party for the purpose of operating the a~reed services provided that the requirements under which such certificates and licences were issued or rendered valid are equal to or above the minimum standards which may be established pursuant to the Convention. 2. Each Contracting Party reserves the right, however, of refusing to recognlze the vaU.dity of the certifii:atea of competency and lincences granted to its own nationals by the other Contracting Party for the purpose of overflying its own territory.
16
ARTICLE XIV Fl\CI LITl\TION
1. Each Contracting Porty may impose or permit to be imposed just and l'easo11able chal'ges fol' Lite use of ail'ports and othel' aviation fac:l.Uties pl'ovidecl that these charges shall not he highel' than those paid by otltel' ajl'line engaged in sirnilal' intel'national ail' services. Each Contracting Party shall encourage consultation between its competent charging organizations and the designated airline using the services and facilities and, where practicable, through the ail'line representative organizations. Reasonable notice should be given to users of any proposals for changes in users charges to enable them to express their views before changes are made. 2.
3. Meither of the Contrac ting Parties sha 11 give .preference to its own Ol' any other airline over an airline engaged in simil ar international air services of the other Contracting Party in the application of it customs, immigration, quarantine and similar regulations or in the use of airports, airways, air traffi c services and associated facilities under its control.
17
.........
._..~
/\VI/\TlOtl SECURITY
L Without lirnitjng the generalitv of their rights and obligations under in Lerrrn tional law, the Contracting Parties shall in particular rict in co11formitv with the Provisions of the Convention of Offences and Certain Other f\cts Committed on Board Aircraft. signed in Tokyo on 14th September 1963. the Conventi o n for Lhe Sup!;'ression of U11lawful Seizure of /\ircraft sigried at the Hague on lGth 1Jeceml1er 19'70, the Convention for the Suppression of Unlawful acts against the safety of Civil /\viation. signed ut Montreal on 23rd ~;epte111ber 19'7 l ancJ all other international lnsLruments in the s.::1111e field whicl1 may be r·atified in future by lhe Contracti ng Prir·ticA. 2. The Contracting Pat'l~ies shall provide upon request all 11eceesnry assistance to each othet' to prevent acts of unlawful seizut·e of civil alrcr·aft and other unlawful acts against the safety of such aircrafL. their rassengers and crew. airports and air navigation facllitics, -'lllc.1 any other threat to .the security of civil_ aviation. 3. The Contnlcting Parties shal.l, in their mutual relations, act in conformity with th e aviation security provisions established by the International Civil Aviation Organization, and designated as /\nnexes Lo the Convention on International Civil /\viation to the extent that such secu rity provisions are applicable to the Parties: they shall require tltat operators of aircraft of their registry or operaLors o f .:i..l1·i:r.:ift; wlto have tlteir prJ.ncipal place of business o r per111a11e11L resjcJence in their terr·itory and the operators of airports in th e ir territory act in conformity with suc h aviation security pz·ov isi o ns. 1. Each Contracting ParLy agrees that such operators of aircraft may be required t o obse rve the aviation security provisions referred to in pat·agraph ( 3) above required by t he other Contracting Party for e nt ry int o. departure from. or while within t he territory o.f Lltat ot her Contracting Party. Eac h Contracting Party shall ensure that adeguate measures are effectively applied within its territory to protect the aircraft and to inspect passengers, c rew. ca n ·y-o n items. baggage, cargo and aircraft stores priot' to and dut·i ng boarding or loading. Each Contracting Party shall also give sympathetic cons icJeration lo any request from the other Co ntrac tin~ Party for reasonable special security measures to meet a pat'Licular Lhrea t .
1
5. When an incident or t h reat of an incident of unlawful seizure of civi l aircraft or other unlawful acts against the safely of such aircraft, their passengers and crew, airports or air navigation facilities occurs, the Contracting Parties shall assist each other by facilitating communications and other
18
. ,~.
appropriate
meae11ree
intended to terminate rapidly
such incident or threat thereof.
19
and
safely
ARTICLE XVI
COMSULTATIONS 1. In a spirit 0£ close co operation, the aeronautical authorities of t he Contracting Parties shall consult each other periodically with a view to ensuring the proper implementation of the present Agreement and Annex thereof.
2. Either Co11tracti11g Party may, at any Ume, requ est consultation with the other Contracting Party in connection with the interpr~tatJon, application and modification of this Agreement. Such consultation shall begin within a period of 60 (sixty) days of the date of sending of the request, unless both Contracting Parties agree to an extension or shortening of this per.lad.
20
ARTlCLE XVII
SETTLEMENT OF DISPUTES Disputes between tile Contracting Parties relating to the interpre tation or application of the present Agreement s hall be settled by direct negotiations between the aeronautical authorities of the two Contracting Parties. If the said authorities fail to reach an agreement, the dispute shall be settled through diplomatic channels.
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ARTICLE XVIII
MC>I>J FICf\TIONS 1. Tf F.dther Contractjng Party conBidP.rs i t rlesirable to modify any of the provialnns of this flgreernent it may reguest consultation with the other Contracting Part~,r. Such c onsultati o n may be between the Aeronautical Authorities and may be conducted by discussion or correspondence and shall begin within a period of 60 (sixty) days from the date of reguest.
Any modifications so agreed shall come into force when they been confirmed by an exchange of Diplomatic Notes.
have
2. Modifications to the Annex to this Agreement may be made by dir~ct agreement between the competent Aeronautical Authorities of the Contracting Parties and confirmed by . exchange of Diplomatic Notes.
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AHTICLE XIX CONFOHt1rTY WITll MULTIL/\TER/\L CONVENTIONS
In the event of conclusion of any general multilatet·al convention concerning air transport by which both Contracting Parties become bound, the present Agreement shall be amended so as to conform with the provisions of such conventioll.
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/\HTI Cf.E XX
HEG I STl<J\1' 1Oil The Agreement, includl.ng any amendments thereto, as well as exchange of Dj.plomatic Notes, shall be registered with Internat.lonal Civi.l Aviation Organization.
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any the
ARTICLE XXI DENOUMCIATIO~l
I
TERMlMATION
L Either Contracting Party may FJt an~· time give not.ice t o lhe o the r Con tr Cl c t i 11 g Pa r t y o f its cl e c i s i on to denounce t he Agree ment . Such notice flhal.l be si mul ta n eous ly communicated to the Internati onal CLvi] Aviation Organization. ln Ruch case the Agr ee ment shall termin ate 12 (twe l ve) months after the date nf re ce jpt of the notice by the other Co ntracting Par ty, unless the n otice of denounce is withdrawn by an agreement before the expiry of this period.
2. In the nbeence of ac knowledgment o f receipt by Contracting ParL~r, t he notice s h all be deemed to received 14 (fourteen) days after the r eceipt of the the International Civil Aviation Organi zation.
25
the ct.lier have been notice by
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AHTlCLE XXII EllTl-
This Agreement shall apply provisionally on the date of signature and definitively enter into force as soon as both Cont racting Parties give written n otif.i.cation to eac h other by exchange of Diplomatic Motes that thejr respective constitutional requirements for dP.fini_te entry jnto forr.e have been fulfilled. ln wi tnesa thereof, Lhe undersigned, being du.I y authorized thereto by thejr respective Governments have signed the present Agreement.
DOME ln duplicate at Jakarta this twenty second clay of .June, 1982 in the Engl.I.sh, l311lgarian and Indonesian languages, all the tex ts being egually auLhent:lc. Tn caAe of divergence of interpretation t he English text shall prevai 1..
FOR TIIE GOVERMMENT OF TllE
FOR THE GOVERNt1ENT OF THE
REPUIJLIC OF HIDONESIA
REPUBLIC OF IJULGl\.fH'!'\
Signed
Signed
2l3
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, ...•'f"o.·":V - - -...
A N
I~
E X
Section
I
1. Routes to be served by the designated Hepublic of Indonesia in both directions:
airline
of
the
Points of Departure
Intermediate Points
Points of [1estination
Points Beyond
Points in Indonesia
Any points
Sofia
Any points
Section
II
2. Houtes to be served by the designated Republic of Bulgaria in both dh·ections:
airline
of
the
Points of Departure
Intermediate Points
Points of Desti nation
Poi nts Beyond
Points in Bulgaria
Any points
Jakarta
Any points
3. The designated a irline of either Contracting Party may, on any or a ll flights omit calling at any of the above points, provided that the agreed services on this route start and terminate in the territory of that Contracting Party. 4. The rjght of the designated airline of either Contracting Party to transport passengers, cargo and mail between the points in the territo ry of either Contracting Part y and the points in the territory of Third Parties shall be subject to an -agreement be tween the aeronau ·tical authorities of the Contracting Parties.