Zakon o ratifikaciji Sporazuma med Vlado Republike Slovenije in Vlado Republike Ciper o rednem zračnem prometu (BCYRZP)

Considering that the Government of the Republic of Slovenia and
    the Government of the Republic of Cyprus
    (hereinafter referred to as the Contracting Parties)
    being Parties to the Convention on International Civil Aviation opened for signature at Chicago on the seventh day of December, 1944,
    desiring to develop co-operation in the field of air transport, and desiring to establish the necessary basis for the operation of scheduled air services,
    the Government of the Republic of Slovenia, and
    the Government of the Republic of Cyprus
    have agreed as follows:

Article 1

DEFINITIONS

1. For the purpose of the present Agreement and its Annex:
    a) the term “the Convention“ means the Convention on International Civil Aviation opened for signature at Chicago on the seventh day of December, 1944, and includes any annex adopted under article 90 of that Convention and any amendment of the annexes or Convention under articles 90 and 94 thereof, so far as those annexes and amendments have become effective for or been ratified by both Contracting Parties;
    b) the term “aeronautical authorities“ means in the case of the Republic of Slovenia, the Ministry of Transport and Communications, Civil Aviation Authority and in the case of the Republic of Cyprus, the Minister of the Communications and Works, or, in both cases, any person or body authorised to exercise the functions presently assigned to the said authorities;
    c) the term “designated airline“ means an airline which one Contracting Party has designated and authorized in accordance with Article 3 of the present Agreement for the operation of the agreed air services;
    d) the term “tariff“ means the prices to be paid for the carriage of passengers, baggage and cargo and the conditions under which these prices apply, including commission charges and other additional remuneration for agency or sale of transportation documents but excluding remuneration and conditions for the carriage of mail.
    2. The provisions of this Agreement shall be subject to the provisions of the Convention insofar as those provisions are applicable to international air services.

Article 2

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 air services on the routes specified in the schedules of the Annex. Such services and routes are hereinafter called “the agreed services“ and “the specified routes“ respectively.
    2. Subject to the provisions of the present Agreement the airline designated by each Contracting Party shall while operating international air services enjoy:
    a) the right to fly across the territory of the other Contracting Party without landing;
    b) the right to make stops in the territory of the other Contracting Party for non-traffic purposes;
    c) the right to embark and disembark, in the said territory at the points specified in the Annex of the present Agreement, passengers, baggage, cargo and mail destined for or coming from points in the territory of the other Contracting Party;
    3. Nothing in this Article shall be deemed to confer on the designated airline of one Contracting Party the privilege of embarking, in the territory of the other Contracting Party, passengers, baggage, cargo and mail carried for remuneration or hire and destined for another point in the territory of that Contracting Party.

Article 3

DESIGNATION AND OPERATING AUTHORIZATION

1. Each Contracting Party shall have the right to designate one airline for the purpose of operating the agreed services. Such designation shall be effected by virtue of a written notification between the aeronautical authorities of both Contracting Parties.
    2. The aeronautical authorities which have received the notification of designation shall, subject to the provisions of paragraph 3 and 4 of this Article, without delay grant to the designated airline of the other Contracting Party the necessary operating authorization.
    3. The aeronautical authorities of one Contracting Party may require an 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 applied to the operation of international air services by the said authorities in conformity with the provisions of the Convention.
    4. Each Contracting Party shall have the right to refuse to grant the operating authorization referred to in paragraph 2 of this Article, or to impose such conditions as it may deem necessary on the exercise of the rights specified in Article 2 of the present Agreement, whenever the said Contracting Party has no proof that the preponderant part of the ownership and effective control of that airline are vested in the Contracting Party designating the airline or in its nationals.
    5. Having received the operating authorization, provided for under paragraph 2 of this Article, the designated airline may at any time begin to operate the agreed services, provided that tariffs established in accordance with the provisions of Article l3 of the present Agreement are in force.

Article 4

REVOCATION AND SUSPENSION OF OPERATING AUTHORIZATION

1. Each Contracting Party shall have the right to revoke or suspend an operating authorization for the exercise of the rights specified in Article 2 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 such rights, if:
    a) the said airline can not prove that the preponderant part of its ownership and effective control are vested in the Contracting Party designating the airline or in its nationals; or
    b) the said airline fails to comply with or has seriously infringed the laws or regulations of the Contracting Party granting those rights; or
    c) the said airline fails to operate the agreed services in accordance with the conditions prescribed under the present Agreement.
    2. Such right shall be exercised only after consultation with the other Contracting Party, unless immediate revocation, suspension or imposition of the conditions provided for under paragraph 1 of this Article is essential to prevent further infringements of laws and regulations.

Article 5

EXERCISE OF RIGHTS

1. The designated airlines shall enjoy fair and equal opportunities to operate the agreed services between the territories of the Contracting Parties.
    2. The designated airline of each Contracting Party shall take into consideration the interests of the designated airline of the other Contracting Party so as not to affect unduly the agreed services of the latter airline.
    3. The main objective of the agreed services shall be to provide capacity corresponding to traffic demand between the territory of the Contracting Party which has designated the airline and the points served on the specified routes, based upon the principle of reciprocity.
    4. The right of each of the designated airlines to carry international traffic between the territory of the other Contracting Party and the territories of third countries shall be exercised in conformity with the general principles of normal development to which both Contracting Parties subscribe, and shall be subject to the condition that the capacity shall be adapted:
    a) to traffic demand to and from the territory of the Contracting Party which has designated the airline;
    b) to traffic demand of the areas through which the agreed service passes, local and regional services being taken into account;
    c) to the requirements of an economical operation of the agreed services.
    5. Neither Contracting Party shall unilaterally restrict the operations of the designated airline of the other Contracting Party, except according to the terms of the present Agreement or by such uniform conditions as may be contemplated by the Convention.
    6. In order that the designated airlines may be afforded fair and equal opportunity, the frequency of the services and their capacity, as well as the flight schedules shall be subject to approval by the aeronautical authorities of the two Contracting Parties. This requirement should also be met in case of any change concerning the agreed services.

Article 6

EXEMPTION FROM DUTIES AND TAXES

1. Aircraft operated in international air services by a designated airline of either Contracting Party, as well as their regular equipment, supplies of fuel and lubricants, aircraft stores including food, beverages and tobacco carried on board such aircraft, shall, on entering into the territory of the other Contracting Party, be exempt from all duties or taxes, provided such equipment, supplies and stores remain on board until they are re-exported.
    2. Exempt from the same duties and taxes, with exception of charges corresponding to the services rendered, shall also be:
    a) aircraft stores taken on board in the territory of one Contracting Party, within the limits fixed by the authorities of the said Contracting Party, and intended for use on board an aircraft operated in an international service by a designated airline of the other Contracting Party;
    b) spare parts and regular board equipment imported into the territory of one Contracting Party for the maintenance or repair of aircraft operated in international services;
    c) fuel and lubricants destined for a designated airline of one Contracting Party to supply aircraft operated in international services, even when these supplies are to be used on any part of a journey performed over the territory of the Contracting Party in which they have been taken on board.
    3. The regular board equipment as well as the materials and supplies retained on board the aircraft operated by a designated airline of one Contracting Party may be unloaded in the territory of the other Contracting Party only with the approval of the customs authorities of that territory. In such case, they may be placed under supervision of the said authorities until they are re-exported or otherwise disposed of in accordance with customs regulations.
    4. There shall also be exempt from all import duties and taxes, on a reciprocal basis, air tickets, shipping documents and labels for luggage, all printed with the name or the emblem of the airline, imported into the territory of either Contracting Party by the designated airline of the other Contracting Party or its agents, for the exclusive use for the servicing of its own aircraft and passengers.
    5. Baggage and cargo in direct transit shall be exempt from custom duties and other charges.
    6. The exemptions provided for by this Article shall also be available in situations where a designated airline of either Contracting Party has entered into arrangements with another airline or airlines for the loan or transfer in the territory of the other Contracting Party of the items specified in paragraphs 1 and 2 of this Article, provided such other airline or airlines similarly enjoy such exemptions from the other Contracting Party.

Article 7

APPLICATION OF LAWS AND REGULATIONS

1. The laws and regulations of one Contracting Party governing entry into, stay in and departure from its territory of aircraft engaged in international air navigation or flights of such aircraft over that territory, shall apply to the designated airline of the other Contracting Party.
    2. The laws and regulations of one Contracting Party governing entry into, sojourn in, and departure from its territory of passengers, crew, baggage, cargo or mail, such as formalities regarding entry, exit, emigration and immigration as well as customs and sanitary measures, shall apply to passengers, crew, baggage, cargo or mail carried by the aircraft of the designated airline of the other Contracting Party while they are within the said territory.
    3. Neither Contracting Party may grant any preference to its own airline with regard to the designated airline of the other Contracting Party in the application of the laws and regulations provided for in this Article.

Article 8

RECOGNITION OF CERTIFICATES AND LICENCES

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 agreed services on the specified routes provided that such certificates or licences were issued or rendered valid in conformity with the standards established under the Convention. Each Contracting Party, however, reserves the right to refuse to recognize, for flights above its own territory, certificates of competency and licences granted to its own nationals by the other Contracting Party.

Article 9

AVIATION SECURITY

1. Consistent with their rights and obligations under international law, the Contracting Parties reaffirm that their obligation to each other to protect the security of civil aviation against acts of unlawful interference forms an integral part of the present Agreement. Without limiting the generality of their rights and obligations under international law, the Contracting Parties shall in particular act in conformity with the provisions of the Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at the Hague on 16 December 1970, the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 September 1971 and its supplementary Protocol for the Suppression of Unlawful Acts of Violence at Airports serving International Civil Aviation, signed at Montreal on 24 February 1988.
    2. The Contracting Parties shall provide upon request all necessary assistance to each other to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers and crew, airports and air navigation facilities, and any other threat to the security of civil aviation.
    3. The Contracting Parties shall, in their mutual relations, act in conformity with the aviation security provisions established by the International Civil Aviation Organisation and designated as Annexes to the Convention to the extent that such security provisions are applicable to the Contracting Parties. They shall require that operators of aircraft of their registry or operators of aircraft who have their principal place of business or permanent residence in their territory and the operators of airports in their territory act in conformity with such aviation security provisions.
    4. Each Contracting Party agrees that such operators of aircraft may be required to observe the aviation security provisions referred to in paragraph 3 of this Article required by the other Contracting Party for entry into, departure from, or while within, the territory of that other Contracting Party. Each Contracting Party shall ensure that adequate measures are effectively applied within its territory to protect the aircraft and to inspect passengers, crew, carry-on items, baggage, cargo and aircraft stores prior to and during boarding or loading. Each Contracting Party shall also give sympathetic consideration to any request from the other Contracting Party for reasonable special security measures to meet a particular threat.
    5. When an incident or threat of an incident of unlawful seizure of civil aircraft or other unlawful acts against the safety 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 appropriate measures intended to terminate rapidly and safely such incident or threat thereof.

Article 10

USER CHARGES

1. Each Contracting Party may impose or permit to be imposed on the designated airline of the other Contracting Party just and reasonable charges. These charges shall be based on sound economic principles.
    2. Charges for the use of airport and air navigation facilities and services offered by one Contracting Party to the designated airline of the other Contracting Party shall not be higher than those which have to be paid by national aircraft operating on similar scheduled international services.

Article 11

AIRLINE COMMERCIAL REPRESENTATION

1. The designated airline of one Contracting Party shall be entitled, in accordance with the laws and regulations relating to entry, residence and employment of the other Contracting Party, to bring in and maintain in the territory of the other Contracting Party those of its own managerial, technical, operational and other specialist staff who are required for the provisions of air services.
    2. In particular, each Contracting Party grants to the designated airline of the other Contracting Party the right to engage in the sale of air transportation in its territory directly and, at the airline’s discretion, through its agents. Each airline shall have the right to sell such transportation, and any person shall be free to purchase such transportation in the currency of that territory or in freely convertible currencies of other countries in accordance with the foreign exchange regulations in force.
    3. The designated airline of one Contracting Party shall be allowed on a reciprocal basis to establish in the territory of the other Contracting Party offices for the promotion and sale of air transportation.
    4. The ground handling operations of either designated airline shall be undertaken in accordance with the laws and regulations of the other Contracting Party.

Article 12

TRANSFER OF EARNINGS

1. Each Contracting Party grants to the designated airline of the other Contracting Party the right of free transfer, in accordance with the foreign exchange regulations of the Contracting Party in the territory of which the revenue accrued, of the excess of receipts over expenditure earned by that airline in the territory of the other Contracting Party in connection with the carriage of passengers, mail and cargo. If payments between the Contracting Parties are regulated by special agreement, this special agreement shall apply.
    2. If a Contracting Party imposes restrictions on the transfer of excess of receipts over expenditure by the designed airline of the other Contracting Party, the latter shall have the right to impose reciprocal restrictions on the designated airline of that Contracting Party.

Article 13

TARIFFS

1. The tariffs to be applied by each designated airline in connection with any transportation to and from the territory of the other Contracting Party shall be established at reasonable levels, due regard being paid to all relevant factors, including cost of operation, reasonable profit, the characteristics of each service and the tariffs charged by other airlines.
    2. The tariffs referred to in paragraph 1 of this Article shall, if possible, be established by mutual agreement by the designated airlines of both Contracting Parties and after consultation with the other airlines operating over the whole or part of the same route. The designated airlines shall, whenever possible, reach such agreement through the rate fixing procedure established by the International Air Transport Association which formulates proposals in this matter.
    3. The tariffs so agreed shall be submitted for approval to the aeronautical authorities of the Contracting Parties at least sixty days before the proposed date of their introduction. In special cases, this time limit may be reduced subject to the agreement of the said authorities. If within thirty days after the submission of the tariffs neither of the aeronautical authorities notifies to the other aeronautical authorities its disapproval, these tariffs shall be considered approved.
    4. If the designated airlines cannot agree, or if a tariff is not approved by the aeronautical authorities of one Contracting Party, the aeronautical authorities of both Contracting Parties shall endeavour to determine the tariff by mutual agreement. Such negotiations shall begin within thirty days from the date when it becomes obvious that the designated airlines cannot agree upon a tariff or the aeronautical authorities of one Contracting Party have notified to the aeronautical authorities of the other Contracting Party their disapproval of a tariff.
    5. In case of disagreement the dispute shall be dealt with in the accordance with the procedures provided for in Article 17 hereinafter.
    6. A tariff already established shall remain in force until a new tariff has been established in accordance with the provisions of this Article or Article 17 of the present Agreement.
    7. The aeronautical authorities of each Contracting Party shall exercise their best efforts to ensure that the designated airlines conform to the agreed tariffs filed with the aeronautical authorities of the Contracting Parties, and that no airline illegally rebates any portion of such tariffs by any means, directly or indirectly.

Article 14

TIME-TABLE SUBMISSION

1. Not later than sixty days prior to the begin of the operation of the agreed services the designated airline shall submit the envisaged time-table for approval to the aeronautical authorities of the other Contracting Party. The same procedure shall apply to any modification thereof.
    2. For supplementary flights which a designated airline of one Contracting Party wishes to operate on the agreed services outside the approved time-table it has to request prior permission from the aeronautical authorities of the other Contracting Party. Such request shall usually be submitted at least two working-days before operating such flights.

Article 15

PROVISION OF STATISTICS

The aeronautical authorities of both Contracting Parties shall supply each other, on request, with periodic statistics or other similar information relating to the traffic carried on the agreed services.

Article 16

CONSULTATIONS

Either Contracting Party may at any time request consultations on the implementation, interpretation, application or amendment of the present Agreement. Such consultations between the aeronautical authorities shall begin within a period of sixty days from the date the other Contracting Party receives the written request, unless otherwise agreed by the Contracting Parties.

Article 17

SETTLEMENT OF DISPUTES

1. Any dispute arising under the present Agreement which cannot be settled by direct negotiations or through diplomatic channels, shall, at the request of either Contracting Party, be submitted to an arbitral tribunal.
    2. In such case, each Contracting Party shall nominate an arbitrator and the two arbitrators shall appoint a president, national of a third State. If within two months after one of the Contracting Parties has nominated its arbitrator, the other Contracting Party has not nominated its own, or, if within the sixty days following the nomination of the second arbitrator, both arbitrators have not agreed on the appointment of the President, each Contracting Party may request the President of the Council of the International Civil Aviation Organization to proceed with the necessary nominations. If the President of the Council of the ICAO is a national of either Contracting Party, the Vice-president of that Council, who is a national of a third state, may be requested to nominate the arbitrators.
    3. The arbitral tribunal shall determine its own procedure. Each Contracting Party shall pay the expenses of its arbitrator. The remaining expenses of the arbitral tribunal shall be shared equally by the Contracting Parties.
    4. The Contracting Parties shall comply with any decision delivered in the application of this Article.

Article 18

MODIFICATIONS

1. If either Contracting Party considers it desirable to amend any of the provisions of this Agreement, it may request consultation with the other Contracting Party. Such consultation shall begin within a period of sixty (60) days from the date of the request. Any amendments so agreed shall come into force when they have been confirmed by an exchange of diplomatic notes following completion of the constitutional or otherwise required procedures.
    2. Amendments relating only to the provisions of the Agreement other than those of the annexed Schedules shall be approved by each Contracting Party in accordance with its constitutional procedures.
    3. Amendments relating only to the provisions of the annexed Schedules may be agreed upon between the aeronautical authorities of both Contracting Parties.
    4. In the event of the conclusion of any general multilateral convention concerning air transport by which both Contracting Parties become bound, the present Agreement shall be modified so as to conform to the provisions of such convention.

Article 19

TERMINATION

1. Each Contracting Party may at any time give notice in writing to the other Contracting Party of its decision to terminate the present Agreement. Such notice shall be simultaneously communicated to the International Civil Aviation Organization.
    2. The Agreement shall terminate at the end of a time-table period within which a twelve month notice period expires, unless the notice is withdrawn by mutual agreement before the expiry of this period.
    3. In case of failure of acknowledgement of receipt by the other Contracting Party, the notice shall be deemed to have been received fourteen days after the date on which the International Civil Aviation Organization has received communication thereof.

Article 20

REGISTRATION WITH INTERNATIONAL CIVIL AVIATION ORGANIZATION

The present Agreement and all amendments thereto shall be registered with the International Civil Aviation Organization.

Article 21

ENTRY INTO FORCE

This Agreement shall enter into force on the 30th day after the Contracting Parties have notified each other trough diplomatic notes that the required constitutional formalities have been fulfilled.
    In witness whereof, the two Contracting Parties have signed the present Agreement.
    Done at Nicosia this 8th day of November 1999 in two originals in the English language.

ANNEX
    ROUTE SCHEDULES

1. ROUTE SCHEDULE I
    Routes to be operated by the designated airline of the Republic of Slovenia:

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From:           To:             Intermediate             Points
                                Points                   Beyond
------------------------------------------------------------------------
Points          Larnaca         To be specified          To be specified
in Slovenia     and/or
                Paphos
------------------------------------------------------------------------

2. ROUTE SCHEDULE II
    Routes to be operated by the designated airline of the Republic of Cyprus:

----------------------------------------------------------------
From:           To:               Intermediate         Points
                                  Points               Beyond
----------------------------------------------------------------
Points          Ljubljana and     To be                To be
in Cyprus       one point         specified            specified
                to be specified
                later
----------------------------------------------------------------

1. Intermediate points and points beyond on any of the specified routes may, at the option of the designated airlines, be omitted on any or all flights.
    2. No fifth freedom traffic rights shall be exercised between intermediate points or points beyond and the territory of the other Contracting Party unless an agreement to that effect is made between the two Contracting Parties.