Agreement between the Government of New Zealand and the Government of the Kingdom of Belgium on Air Transport (and Annex) [2003] NZTS 3 (1 January 2003)

<title>Agreement between the Government of New Zealand and the Government of the Kingdom of Belgium on Air Transport (and Annex) [2003] NZTS 3 (1 January 2003)</title>
AGW,EMENT BETWEEN THE GOVERNMENT OF NEW ZEALAND AND

ON AIR TUNSPORT AND ANNEX


AGREEMENT BETWEEN THE GOVERNMENT OF NEW ZEALAND AND

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THE GOVERNMENT OF THE KINGDOM OF BELGIUM ON AIR TRANSPORT AND ANNEX

Be~ngparties to the Convention on International Civil Aviation opened for signature at Chlcago, on the 7th day of Decenlber, 1944; Desiring to conclude a11agreement, supplementary to the said Convention, for the purpose of establisiiing air services between and beyond their respective territories; Recognising that efficient and conlpetitive international air services eiliiauce trade, the wclfae of consumers, and econo~nicgrowth; Desiring to ensure the highest degree of safety and security in intenlalional air transport; Have agreed as follows:


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e context otherwise requires: the term "Convention" means the Convention on International Civil Aviation ~penedfor signature at Chicago on the seventh day of December 1944 and ncludes any h i e x adopted under Arlicle 90 of that Convent~onand any mend~nentof the Annexes or of the Convention under Articles 90 and 94 thereof so far as those Annexes and amendments have been adopted or ratlfied by both ContractingParties, s Agreement, the h e x attached thereto, and my

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the casc of New Zealand, the he case of Belgium, the Ministry any other authority or person empowered to

Air Service". "Airliile" and "Stop for nonrespectively assigned to them in Article 96 of

ans an airline which has been designated and cles 3 and 4 cif this Agreement; the routes specified in sport of passengers, cargo and mail,

arriage of passengers, rices apply, including other ancillary services, but excluding


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rcr& equipment". "grcrund equipment", "aircraft sforis", "spare parts" gs respectively assignedto them in Annex 9 of the Convention; tory" has the meaning assigned to it in Artlcle 2 of the Convention, that in the case W Zealand. the term "temtory" shall exclude '








y of the other Contracting Party, be made the subject of authorised represer~tativesof thc other Contracting Party, the aircraft ro check both the validity of the aircraft its crew and the apparent condition of the aircraft and its le called <<rampinspection>>),providcc~tf@sdoes not lead

ion or series of ramp inspections gives rise to: s that an aircraft or the operation of an aircraft docs not minimum standards established at that time pursuant to

that there is a lack of effective maintenance and safety standards established at that time pursuant to the

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inspection shall, for the purposes ol' conclude that the requirements under

licences in respect of that aircrafl or in respect of the been issued or rendered valid. or that the requirements re not equal to or above ihe minimum wenlion. of uudertalcing a ramp inspection of an , of one Contracting Party in accordance above is denied by the representative of that airline or tracting Party shall be free to infer that serious concerns of in paragraph 3.4 above arise and draw the conclusions

y reserves the righi to suspend or vary the operating tne or airlines of the other Contracting Party immediately ontracting Party concludes, whether as a result of a ramp a denial of access for ramp inspection, Le action is essential to the safety of an

accordance with paragraphs 3.2 or 3.6 ;is for the taliing of illat action ceases to



ctil~gParty depart froin the aviation security provisions of this nautical authorities of the other Contracting P:r*1y may request ations with the aeronautical authoritiesof that Contracting Party. satisfactory agreement within thirty (30) day?%ill constitute plication of Article 5 of this Agreement.


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imposed ;inthe territory of one Contracting Party on the desl~gnated &e other Contracting Party for the use of airpoes and other aviation aircraft of the designated alrhnes of the other Contracting Party

Meher than those ~rnposedon a national alrline of the fir:;1Coillracting ilar international services. Party shall encourage consultations between its competent

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and the designated airlines using the facilities and services. througlr the airlines' representative organisirtions. Reasonable

iven of any proposal for changes in user charges to enable then1 wsbefore changes are made.


ARTICLE 10 Customs and Excise

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I'arty shall exempt the designated airlines of the other

om import restrictions, customs duties, excise taxes, inspection lonal, regional or local duties and charges on aircraft, fuel, nsumable technical supplies, spare parts including engines, ipment, ground equipment, aircraft stores and other iteins used solely in coimectio~lwith the operation or servicing of gnated airlines of such other Contracting Party operating the well as printed ticitet stock, airway bills, any printed material signia of the company printed thereon and usual publicity without charge by those designated airlines. anted by this article shall apply to the items referred to in rticle, whether or not such items are used or consumed wholly y of the Contracting Party granting the exemption, provided such

Contracting Party by or on behalf of the nes of the other Contracting Party, but not alienated in the f ihc said Contracting Party; or board aircraft of the designated airlines of one Contracting the territory of the other Contracting

board aircraft of the designated airlines of one Contracting Party toly of the other Contracting Party and intended for use in

ground equipment, as well as the materials ard the aircraft of the designated airlines of ed in the territory of the other Contracting approval of the Customs authorities of that territory. In such ision of the said authorities up to such isposed of in accordancc with Custonls

0 in direct transit shall bc exempt from customs duties and other


ied for by thi:; article sh;311 also be available where the ,11e c o nhacting Party have contracted with another airline, such exemptioins froin the other Coniractingprty, for the :rritory ~fthe ther Corbra(:ting Party oi'rhe'items specified -tick.

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ARTICLE I I

There shall be fair and equal opportunity for the dcsignated airlines of each Contracting Party to operate the agreed services between and beyond their respective territories on the routes specified in the An~lexto this Agreement. In operating the agreed services. the designated airlines of each Contracring Party shall take into account the interest of the designated airlines of the other Contracting Pany so as not to affect unduly the services which the latter provide on the whole or part of the salme route. The ;igrecd scrvrces provided by tile desigric~tedairlines of the Contracting Parties shall hear I-e;~sonahlerelationship to the requircmcnts of the public for tr;~nsportationon tile specified routes and shall have as thcir primary objective ihc remonahlp anticipated requiremcnts for the carriage of passengers, cargo and mail between tlic territory of the Contracting Party which has designated the airline and the cotlnlr-iesof ultimate destination of'the iraffic. Provision il~rthe carriage of' passengers, cargo and 1nai1 both taken up and discharged at points on the specified routes in the territories of States other than that designating an airline shall be ~nadein accordance with the general principle that capacity shall be related to:

provision. at >I reasonable 1o:icl factor, of capacity adeqnatc to meet the current and

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traffic requirements to and from the territory of the Coiitracting Party which has designated the airline; traffic requirements of the area through which the airlinc passes after taking account of other transport services established bq ail-lines of the States comprising the area; the requirements of long-haul airline operation

The designated airlines shall. as may be required by the aeronautical authorities, submit for approval their proposed flight programmes. The flight programmes shall include, i.a., the type of service. the aircraft type and configuration to be used, the frequencies and the flight schedules, and any changes thereto.


ARTICLE 12 Change of gauge and code-share

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any segment, or segments of the respective routes a designated airline may any one continuous flight, change type of aircraft at any point of the route. crating the agreed air services on the routes specified in the Annex, each nated airline may enter into code-share arrangeinents with an airline of any nality provided the latter airlineholds the appropriate route and traffic rights.


ARTICLE 13 Tariffs

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ontracting Parties shall permit tariffs on the routes as specified in the Annex

tariffs for carriage on agreed services to and from the territory of the other

es over all or part of the same route. eronautical authorities of either Contracting Party may require tariffs for an d service to he filed for approval (in such form as they may separately ire), in which case such filing shall he submined at least forty-five (45) days re the proposed effective date, unless those aeronautical authorities permit the

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be made at shorter notice. irty (30) days from the date of receipt, the aeronautical authorities of

in the proposed tariff.

tisfaction be less than thirty (30) days. notice of dissatisfaction has been filed in accordance with paragraph 3 of this Itations in accordance with Article 17 of this Agreement and endeavour to ine the tariff by agreement between themselves. e aeronautical authorities cannot agree on any tariff submitted to them under graph 3 of this article or on the determination of any tariff under paragraph 4 's article, the dispute shall be settled in accordance with the provisions of 18 of this Agreement.


If the aeronautical authorities of one of the Contracting Parties become dissatisfied with an established tariff, they shall so notify the aeronauticai au orities of the

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other Contracting Party and the designated airlines shall attempt, to reach an agreement. W ere required,

If within the period of ninety (90) days from the dale of receipt of a notice of dissatisfaction, a new tariff cannot be established, the procedures as set out in paragraphs 4 and 5 of this article shall apply. When tariffs have been established in accordance with the provisions of this article, those tariffs si~allremain in force until new tariffs have been established in accordance with the provisions of this article or article 18 of this Agreement. No tariff shall come into force if the aeronautical authorities of either Contracting Pmy are dissatisfied with it except under the provision of paragraph 4 of article 18 of this Agreement. The ;ieronautical authorities of both Coneacting Parties may ensure that the tariffs charged and collected conform to the tariffs approved by them and are not subject

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The tariffs charged by a designated airline of one Contracting Party for carriage bctween the territory of the other Contracting Party and the territoly of a State which is not a Contracting Party shall be subject to the approval of the aeronautical authorities of the other Contracting Party and of such non-Contracting State respectively, provided, however, that the aeronautical authorities of that Contracting Party shall not require a different tarirf from the tariff of their own airlines for services between the same points.


ARTICLE 14 Staff requirements

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The designated airlines of one Contracting Party shall be allowed on the basis of reciprocity, to mairrtain in the territory of the other Contracting Party their representatives and commercial, operational and tech~icalstaff as required in coilnectio~lwith the operation of the agreed services. These staff requirements may, at the option of the designated airlines, be satisfied by their owl personnel of any nationality or by using the services of any other organisation, company or airline operating in the territory of the other Contracting Party and authorised to perfonn such services in the territory of that Contracting Party. 7he representatives and staff shall be subject to the laws and lreg~ilationsin force of thc other C:ontraairig Party. Consistent with such laws and regulations, each

( oiitxactingParty shall, onthebasis of reciprocity and with the minimum of delay,

grant ille necessary work permits, employment visas or other similar documents to the representatives and staff referred to in paragraph 1 oflhis article. To the extent permitted under national law, both Contracting Parties shall dispense with the requirement of worlc pennits or employment visas or other simila~ docume~ltsfor personnel performing certain temporary services ancl duties.


ARTICLE 15 Sales and revenues

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kach designated airline shall be granted the right to engage in the sale of air transportation in the territory of the other Contracting Pai-ty directly and, at its discretion, through its agents. Each designated airline shall have the right to sell transportation in the currency of that territory or, at its discretion, in freely convertible currencies of other countries, Any person s11all be free to purchase such tra~~sportationin currencies accepted for sale by that airline. Each Contracting Party grants to the designated airlines of the other Contracting P;II?~the right of free transfer of the excess of receipts over expenditures eruned by' the designated airlinein its territory. Suchtransfers shall be effected on the basis of thc oliiciril exchange rates ibr current payments, or, where there are no official exchange rates, at the prevailing foreign exchange market rates for current pirymcilts, applicable on the day of the introduction of the request for transfer by the airlines designated by the other Contracting Party and shall not be subject to

any charges except transactions. normal service charges collected by banks for such

Each Contracting Party shall, on the basis of reciprocity, exempt the designated airlines of the other Contracting Party from any form of taxation on income or profits derived by those airlines in the territory of the first Contracting Party from the operation of international air services, as well as from any tax on tnmover or capital. This provision shall not apply if a Convention for the avoidance of double taxation p~.ovidingfor a similarexemption is in force bctween the Contracting Parties.


ARTICLE 16 Statistics

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The aeronautical authorities of either Contracting Party shall supply to the aeronautical authorities of the other Contracting Party, at their request, such periodic or other statements of statistics as Inay be reasonably required for the purpose of reviewing the capacity provided on the agreed services, including, but not limited to, statements of statistics related to the traffic carried by its designated airlines between the points in the territory of the other Contracting Party and other points on the routes specified in the Annex.


ARTICLE 17 Co~isultations

The aeronautical authorities of the Contracti~igParties shall colisult each other fi-om time to time with a view to ensuring close co-operation in all matters affecting the implemeiitation of, aid satisfactory compliance with, the provisions of this Agreement and or its Amex. Such consultations shall begin within a period or sixty (60) days of the date of receipt of such a request, unless otherwise agreed by the Contracting Parties.


If any dispute arises between the Contracting Parties relating to the intelpretatio~l or application of this Agreement, the Contracting Parties shall in the first place endeavour to senle it by negotiation. If the Coiltracting Parties fail to reach a settle~llentby negotiation, they may agree to refer the dispute for decision to some person or body, or either Conkacting Party may submit the dispute for decision to a Tribuial of three arbitrators. 'The arbitral tribunal shali be constituted as follows: 1,;;ic.hof the Cor~tractingParties shall nominate an arbitrator within a period of sixty (00) day:; fwrn the date of receipt, by one Contracting Party, through ,li(~icair:iticciisrmcis. of a request for arbitration from the other Contrzrcling Party. 1iicsi: two arbili;itcasshall by agreement appoint a ihird arbitrator withiri a further pc! ioii of sixty (00)days. Thc third arbitrator shall be a national of a third State, shall act as President of the Tr~hurlaland shali determinethe place where arbitrationwill be held. If either of the Contracti~lgParlies fails to nominate an arbitrator within the period specified, or if the third arbitrator is not appointed within the period specified, the Presiderit of the Council of the International Civil Aviation Organisation may be requested by either Contracting Party to appoint ail arbit~atoror arbitrators as the case requires. The Contracting Parties undertake to comply with any decision or award given under paragraphs 2 and 3 of this article. If either Contracting Party fails to comply with such decision. the other Cor~tractingParty shall have grounds for the applicat~oiiof article 5 of this Agreement. The expenses of the arbikai tribunal shall be shared equally between the Contractil~gParties.


ARTICLE 19 Modifications

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If either of the Contracting Parties considers it desirable to modify any provision of this Agreement. it may request consultations with the other Contracting Party. Such consultations, which may be between aeronautical authorities and which inay be through discussion or by correspondence, shail begin within a peiiod of sixty (60) days from the date of the request. If a general multilateral air convention comes into force in respect of both Cor~tractingParties, the provisions of such convention shall prevail. Consultations in accordance with paragraph 1 of this article may be held with a view to determining the extent to which this Agreement is affected by the provisions of the multilateral convention. An> mod~ficationagreed pursuant to such consultations shall come into force

when i t has been confinned by an exchange of diplomatic notes.

The ('ontracting Parties agree that the Route Schedulc in the Annex can be ~nod~liedafier agreement between the Aeronautical Author~ties through all adminrstrat.tlvt.arrangement.


ARTIC1,E 20 Termination

Eitlter Contractiilg Party may at any time give notice in writing through diplomatic cl~annelsto the other Contracting Party of its decision to terminate this Agreement. Such notice shall be communicated simultaneously to the Isltemational Civil Aviation Organisation. 'The Agreement shall terminate one (l) year after the date of receipt of the nolice by the other Contracting Party, unless the notice to terminate is withdraw by mutual consent before the expiry of tl~isperiod. In the absence of acknowledgement of receipt by tile other Contracting Party, the notice shaii be deemed to have been received fourteen (14) days after the receipt of the notice by the Iiltemational Civil Aviation Orgalusation.


ARTICLE 21 Registration

Agreement and any anendrnelli illereto shall Aviation Organisation. registered


ARTICLE 22 Entry into force

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h bf the Contracting I'arties shall notify the other Contracting Early through the ornatic channel of the completion of its constitutional fonnalities required to bring this greement into effect. c Agreement shall come into force on the first day of the month following the date of ~ r last notification. :

B DONE in duplicate at Wellington on this 4th day of June 19 9 in t e English language.

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ANNEX

SCHEDULE OF ROUTES

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I. Routes of the Kingdom ofBelgium

2. Routes of New Zealand

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point 01. points on the agreed routes may be omitted by the designated airlines of

both Contracting Parties or lnay be operated in a different order on any or all flights, provzded that the point of departure or arrival is in the country of their nationality. The agreed services may be operated with lst, Lnd, 3rd and 4th freedom trafic rights No 5th freedom traffic rights will be exercised.