Zakon o ratifikaciji Sporazuma med Vlado Republike Slovenije in Vlado Irske o zračnem prometu (BIEZP)

Considering that the Republic of Slovenia and Ireland are Parties to the Convention on International Civil Aviation opened for signature at Chicago on the seventh day of December, 1944;
    the Government of the Republic of Slovenia and the Government of Ireland, hereinafter referred to as the “Contracting Parties“;
    desiring to promote their mutual relations in the field of civil aviation and to conclude an agreement for the purpose of establishing air services between and beyond their respective territories;
    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 are applicable for 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 Ireland, the Minister for Transport, Energy and Communications or, in both cases, any person or body authorized to exercise the functions presently assigned to the said authorities;
    c) The term “designated airline“ means an airline which one Contracting Party has designated in accordance with Article 6 of the present Agreement, for the operation of the agreed air services;
    d) The term “tariffs“ means the prices to be paid for the carriage of passengers, baggage and cargo and the conditions under which those 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;
    e) The terms “territory“, “air service“, “international air service“, “airline“, and “stop for non-traffic purposes“ have the meaning respectively assigned to them in Articles 2 and 96 of the Convention.
    2. The Annex forms an integral part of the present Agreement. All references to the Agreement shall include the Annex unless explicitly agreed otherwise.

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 operating international air services on the routes specified in the schedules of the Annex. Such services and routes are hereafter called “agreed services“ and “specified routes“ respectively.
    2. Subject to the provisions of the present Agreement, the airline(s) designated by each Contracting Party shall enjoy, while operating international air services:
    a) the right to fly without landing across the territory of the other Contracting Party;
    b) the right to make stops in the said territory 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;
    d) the right to embark and disembark in the territory of third countries 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, specified in the Annex of the present Agreement.
    3. Airlines of each Contracting Party not designated under Article 6 of this Agreement shall enjoy the rights specified in paragraphs 2(a) and (b) of this Article.
    4. 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 other Contracting Party.
    5. If because of armed conflict, political disturbances or developments, or special and unusual circumstances, the designated airline of one Contracting Party is unable to operate a service on its normal routing, the other Contracting Party shall use its best efforts to facilitate the continued operation of such service through appropriate rearrangements of such routes, including the grant of rights for such time as may be necessary to facilitate viable operations.

Article 3

EXERCISE OF RIGHTS

1. The designated airline(s) of each Contracting Party shall enjoy fair and equal opportunities to operate the agreed services between the territories of the Contracting Parties.
    2. The designated airline(s) of each Contracting Party shall take into consideration the interests of the designated airline of the other Contracting Party not to effect 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 the designated airline(s) of either Contracting Party to carry international traffic between the territory of the other Contracting Party and the territories of third countries, as provided for under this Agreement, shall be exercised in conformity with the general principles of normal development to which both Contracting Parties subscribe and 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 service passes, local and regional services being taken into account;
    c) to the requirements of the economical operation of the agreed services.
    5. Neither Contracting Party shall unilaterally restrict the operations of the designated airline of the other, except according to the terms of the present Agreement or by such uniform conditions as may be contemplated by the Convention.

Article 4

APPLICATION OF LAWS AND REGULATIONS

1. The laws and regulations of one Contracting Party governing entry into and departure from its territory of aircraft engaged in international air transport or the operation and navigation of such aircraft over that territory shall apply to aircraft of the designated airline(s) 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 5

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 Offenses 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 Organization 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. Each Contracting Party shall advise the other of its intention to notify any difference to the standards of the Convention on International Civil Aviation.
    4. Each Contracting Party agrees 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 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 as may be agreed intended to terminate rapidly and safely such incident or threat thereof.
    6. When a Contracting Party has reasonable grounds to believe that the other Contracting Party has departed from the aviation security provisions of this Article, the aeronautical authorities of that Contracting Party may request immediate consultations with the aeronautical authorities of the other Contracting Party. Failure to reach a satisfactory agreement within 15 days from the date of such request will constitute grounds to withhold, revoke, limit or impose conditions on the operating authorization or technical permission of an airline or airlines of the other Contracting Party. When required by an emergency, a Contracting Party may take interim action prior to the expiry of 15 days.

Article 6

DESIGNATION AND OPERATING AUTHORIZATION

1. Each Contracting Party shall have the right to designate in writing one or more airlines for the purpose of operating the agreed services.
    2. The aeronautical authorities which have received the notification of designation shall, subject to the provisions of paragraphs 3 and 4 of this Article, grant without delay to the designated airline of the other Contracting Party the necessary operating authorization.
    3. The aeronautical authorities of either Contracting Party shall require the airline(s) designated by the other Contracting Party to prove 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 a preponderant part of the ownership and effective control of that airline is 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(s) may at any time operate the agreed services, in whole or in part, provided that the airline(s) comply with the applicable provisions of this Agreement and that tariffs established in accordance with the provisions of Article l3 of the present Agreement are in force.

Article 7

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 the designated airline(s) of 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(s) can not prove that a preponderant part of its ownership and effective control is vested in the Contracting Party designating the airline or in its nationals, or
    b) the said airline(s) fails to comply with or has seriously infringed the laws or regulations of the Contracting Party granting these rights, or
    c) the said airline(s) fails to operate the agreed services in accordance with the conditions prescribed under the present Agreement.
    2. Such a right shall be exercised only after consultation with the other Contracting Party, in accordance with Article 16 of this Agreement, 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 8

RECOGNITION OF CERTIFICATES AND LICENSES

1. Certificates of airworthiness, certificates of competency and licenses issued or rendered valid by one of the Contracting Parties shall, during the period of their validity, be recognized as valid by the other Contracting Party, provided that the requirements under which such certificates or licenses were issued or rendered valid are equal to or above the minimum standards established or which may be established from time to time pursuant to the Convention.
    2. Each Contracting Party reserves the right, however, to refuse to recognize as valid, for the purpose of flights over its own territory, certificates of competency and licenses granted to or rendered valid for its own nationals by the other Contracting Party or by any other State.

Article 9

EXEMPTION FROM DUTIES AND TAXES

1. Aircraft operated on international services by the designated airline of one Contracting Party, as well as their normal 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, to the fullest possible extent under its national laws, provided such equipment, supplies and stores remain on board until they are re-exported.
    2. Subject to each Contracting Party’s national laws, the following shall also be exempt from the same duties and taxes, with the exception of charges corresponding to the services rendered:
    a) aircraft stores taken on board in the territory of either Contracting Party, within the limits fixed by the authorities of the said Contracting Party, and intended for use on board aircraft operated on international services by the designated airline(s) of the other Contracting Party;
    b) spare parts and normal board equipment imported into the territory of either Contracting Party for the maintenance or repair of aircraft operated on international services by the designated airline(s) of the other Contracting Party;
    c) fuel and lubricants destined for the designated airline of one Contracting Party to supply aircraft operated on 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 normal board equipment as well as the materials and supplies retained on board the aircraft operated by the designated airline(s) of either 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 a 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. The exemptions provided for by this Article shall also be available in situations where the designated airline(s) 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 such other Contracting Party.
    5. Passengers, baggage, cargo and mail in direct transit across the territory of either Contracting Party and not leaving the area of the airport reserved for such purpose shall, except in respect of security measures against violence, air piracy, and smuggling of controlled drugs, be subject to no more than a simplified control. Baggage and cargo in direct transit shall be exempt from customs duties and other similar taxes.

Article 10

USER CHARGES

1. Each Contracting Party may impose or permit to be imposed just and reasonable charges on the designated airline of the other Contracting Party. 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 scheduled international services.

Article 11

COMMERCIAL ACTIVITIES

1. The designated airline(s) of each Contracting Party shall be permitted to maintain adequate representations in the territory of the other Contracting Party. These representations may include commercial, operational and technical staff, who may consist of transferred or locally engaged personnel.
    2. For the commercial activities the principle of reciprocity shall apply. The competent authorities of each Contracting Party will take all necessary steps to ensure that the representations of the airline designated by the other Contracting Party may exercise their activities in an orderly manner.
    3. In particular, each Contracting Party grants to the designated airline(s) 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.

Article 12

CONVERSION AND TRANSFER OF REVENUES

1. Each designated airline shall have the right to convert and remit to its country in accordance with the foreign exchange regulations in force, at the official rate of exchange, receipts in excess of sums locally disbursed in due proportion to the carriage of passengers, baggage, cargo and mail. If payments between the Contracting Parties are regulated by a special agreement, this special agreement shall apply.
    2. Nothing in this Agreement shall affect the rights of either Contracting Party to impose taxes in accordance with their taxation legislation on a reciprocal basis.

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, wherever possible, reach such agreement through the rate-fixing procedure established by the international body 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 forty five 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. Unless within thirty days after the submission of the tariffs the aeronautical authorities notify each other of their disapproval, these tariffs shall be considered approved. The aeronautical authorities of both Contracting Parties may agree to reduce this period.
    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 default of agreement the dispute shall be submitted to the procedure provided for in Article 17 hereafter.
    6. In the case of a tariff which has been disapproved, the 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 but not longer than twelve months from the date of disapproval by the aeronautical authorities of the Contracting Parties.
    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 thirty days prior to the operation of the agreed services the designated airline(s) 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 the designated airline(s) 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 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 a case, each Contracting Party shall nominate an arbitrator and the two arbitrators shall appoint a President who shall be a 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 month following the nomination of the second arbitrator, both arbitrators have not agreed on the appointment of the President, either 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 expences 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 application of this Article.

Article 18

MODIFICATIONS

1. If either of the Contracting Parties considers it desirable to modify any provision of the present Agreement, such modification, if agreed between the Contracting Parties, shall enter into force when the Contracting Parties will have notified to each other the fulfilment of their constitutional procedures.
    2. Modifications to the Annex of the present Agreement may be agreed directly between the aeronautical authorities of the Contracting Parties.
    3. 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 with the provisions of such convention.
    4. If any provision of the Agreement conflicts with an obligation which either Contracting Party may have towards a third Party, both Contracting Parties shall enter into consultations, in accordance with Article 17, to amend the Agreement in order to resolve any such conflict as soon as possible.

Article 19

TERMINATION

1. Either 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 simultaneously be communicated to the International Civil Aviation Organization.
    2. The Agreement shall terminate at the end of a time-table period during which twelve months after the date of receipt of the notice will have elapsed, unless the notice is withdrawn by mutual agreement before the expiry of this period.
    3. In default 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 will have 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

Each Contracting Party shall notify the other through diplomatic channels of the completion of all domestic procedures necessary to give effect to this Agreement. The Agreement shall enter into force on the date of receipt by the other Contracting Party of the later of such notification.
    Done at Ljubljana this 4th day of November 1999 in duplicate in the English language.

A N N E X
    ROUTE SCHEDULES

    ROUTE SCHEDULE I
    Routes on which air services may be operated by the designated airline(s) of the Republic of Slovenia.

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Points          Intermediate    Points             Points beyond
of departure    points          in Ireland
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Points          to be agreed    Points             to be agreed
in Slovenia     later           in Ireland         later
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    ROUTE SCHEDULE II
    Routes on which air services may be operated by the designated airline(s) of Ireland.

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Points          Intermediate    Points             Points beyond
of departure    points          in Slovenia
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Points          to be agreed    Points             to be agreed
in Ireland      later           in Slovenia        later
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N O T E S

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. Each designated airline may terminate any of its agreed services in the territory of the other Contracting Party.
    3. Each designated airline may serve intermediate points and points beyond not specified in the Annex of the present Agreement on condition that no traffic rights are exercised between these points and the territory of the other Contracting Party.