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Macau Bilateral Treaty Series |
The Government of the Macao Special Administrative Region of the People's Republic of China having been duly authorized to conclude this Agreement by the Central People's Government of the People's Republic of China and the Government of the Kingdom of Cambodia,
Desiring to conclude an Agreement for the purpose of providing the framework for air services between the Macao Special Administrative Region and the Kingdom of Cambodia,
Have agreed as follows:
For the purpose of this Agreement, unless the context otherwise requires;
a) The term "Aeronautical Authorities" means in the case of the Macao Special Administrative Region, the Civil Aviation Authority, or its successor, and in the case of the Kingdom of Cambodia, the State Secretariat of Civil Aviation - the Office of the Council of Ministers or its successor;
b) The term "designated airline" means an airline which has been designated and authorized in accordance with Article 4 of this Agreement;
c) The term "area" in relation to the Macao Special Administrative Region includes the Macao Peninsula and the Taipa and Coloane Islands and in relation to the Kingdom of Cambodia has the meaning assigned to "Territory" in Article 2 of the Convention on International Civil Aviation, opened for signature at Chicago on 7 December 1944 (hereinafter referred to as the Convention);
d) The terms "Air services", "International Air Services", "Airline" and "stop for non-traffic purposes" have the meanings respectively assigned to them in Article 96 of the Convention;
e) The term "user charge" means a charge made to airlines by the competent authorities or permitted by them to be made for the provision of airport property or facilities or of air navigation facilities, including related services and facilities, for aircraft, their crews, passengers and cargo;
f) The term "this Agreement" includes the Annex hereto and any amendments to it or to this Agreement;
g) The term "laws and regulations" of a Contracting Party means the laws and regulations at any time in force in the area of that Contracting Party.
In implementing this Agreement, the Contracting Parties shall act in conformity with the provisions of the Convention including the Annexes, and any amendments to the Convention or to the Annexes, insofar as these provisions are applicable to both Contracting Parties.
1. Each Contracting Party grants to the other Contracting Party the following rights in respect of its international air services:
a) The right to fly across its area without landing;
b) The right to make stops in its area for non-traffic purposes.
2. Each Contracting Party grants to the other Contracting Party the rights hereinafter specified in this Agreement for the purpose of operating international air services on the routes specified in the appropriate Section of the Annex to this Agreement. Such services and routes are hereinafter called "the agreed services" and "the specified routes" respectively. While operating an agreed service on a specified route the airlines designated by each Contracting Party shall enjoy in addition to the rights specified in paragraph 1 of this Article the right to make stops in the area of the other Contracting Party at the points specified for that route in the Schedule in this Agreement for the purpose of taking on board or discharging passengers, baggage and cargo, including mail, to be carried to and from:
a) The area of the first Contracting Party; and
b) Such intermediate and beyond points as may from time to time be agreed by the Aeronautical Authorities of both Contracting Parties.
1. Each Contracting Party shall have the right to designate in writing to the other Contracting Party multiple airlines for the purpose of operating the agreed services on the specified routes and to withdraw or alter such designations.
2. On receipt of such a designation the other Contracting Party shall, subject to the provisions of paragraphs 3 and 4 of this Article, without delay grant to the airline or airlines designated the appropriate operating authorizations.
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 fulfill the conditions prescribed under the laws and regulations normally and reasonably applied to the operation of international air services by such authorities.
4. Each Contracting Party shall have the right to refuse to grant the operating authorizations referred to in paragraph 2 of this Article or to impose such conditions as it may deem necessary on the exercise by a designated airline of the right specified in paragraph 2 of Article 3 of this Agreement, in any case where it is not satisfied that that airline is incorporated and has its principal place of business in the area of the other Contracting Party.
5. When an airline has been so designated and authorized it may begin to operate the agreed services, provided that the airline complies with the applicable provisions of this Agreement.
1. The laws and regulations of one Contracting Party relating to the admission to or departure from its area of aircraft engaged in international air services, or to the operation and navigation of such aircraft while within this area shall be applied to the aircraft of the airline or airlines designated by the other Contracting Party without distinction as to nationality, and shall be complied with by such aircraft upon entry into, departure from or while within, the area of the first Contracting Party.
2. The laws and regulations of one Contracting Party relating to the admission to or departure from its area of passengers, crew, cargo or mail on aircraft such as regulations relating to entry, clearance, immigration, passports, customs and quarantine, shall be complied with by or on behalf of such passengers, crew, cargo or mail of the airline or airlines designated by the other Contracting Party upon entry into, departure from, or while within, the area of the first Contracting Party.
3. In the application to the designated airline or airlines of the other Contracting Party of the laws and regulations referred to in this Article a Contracting Party shall not grant more favorable treatment to its own airline or airlines.
1. Each Contracting Party shall have the right to revoke or suspend an operating authorization or to suspend the exercise of the rights specified in paragraph 2 of Article 3 of this Agreement by an airline designated by the other Contracting Party, or to impose such conditions as it may deem necessary on the exercise of those rights:
a) In any case where it is not satisfied that that airline is incorporated and has its principal place of business in the area of the other Contracting Party; or
b) In case of failure by that airline to comply with the laws and regulations of the Contracting Party granting those rights; or
c) If that airline otherwise fails to operate in accordance with the conditions prescribed under this Agreement.
2. Unless immediate revocation or suspension of operating authorization or suspension of the exercise of the rights mentioned in paragraph 1 of this Article or imposition of conditions therein is essential to prevent further infringements of laws and regulations, such right shall be exercised only after consultation with the other Contracting Party.
1. There shall be fair and equal opportunity for the designated airlines of both Contracting Parties to operate the agreed services on the specified routes.
2. In operating the agreed services, the designated airlines of each Contracting Party shall take into account the interests of the designated airlines of the other Contracting Party so as not to affect unduly the services which the latter provide on the whole or part of the same routes.
3. The agreed services provided by the designated airlines of the Contracting Parties shall bear a close relationship to the requirements of the public for transportation on the specified routes and shall have as their primary objective the provision at reasonable load factor of capacity adequate to meet the current and reasonably anticipated requirements for the carriage of passengers and cargo, including mail to or from the area of the Contracting Party which has designated the airline. Provision for the carriage of passengers and cargo, including mail taken on board and discharged at points on the specified routes other than points in the area of the Contracting Party which designated the airline shall be made in accordance with the general principles that capacity shall be related to:
a) Traffic requirements to and from the area of the Contracting Party which has designated the airlines;
b) Traffic requirements of the region through which the agreed service passes, after taking into account of the other transport services established by the airlines of the States comprising the region.
1. The designated airlines of the Contracting Parties shall submit their proposed schedules for the agreed services and any amendments thereto for the approval of the Aeronautical Authorities of both Contracting Parties no later than 30 days before their proposed effective date.
2. The designated airlines of the Contracting Parties may operate on an "ad hoc" basis flights supplementary to the agreed services. Applications for the approval of such flights shall be submitted to the Aeronautical Authorities of both Contracting Parties no later than 3 working days before the proposed date of operation.
1. The term "tariff" means:
a) The fare charged by an airline for the carriage of passengers and their baggage on scheduled air services and the charges and conditions for the services ancillary to such carriage;
b) The freight rate charged by an airline for the carriage of cargo (excluding mail) on scheduled air services;
c) The conditions governing the availability or applicability of any such fare or freight rate including any benefits attaching to it; and
d) The rate of commission paid by an airline to an agent in respect of tickets sold or air waybills completed by that agent for carriage on scheduled services.
2. The tariffs to be applied by a designated airline of one Contracting Party for carriage to and from the area of the other Contracting Party shall be established at reasonable levels, due regard being paid to all relevant factors, including cost of operation, the interest of users, reasonable profit, the characteristics of each service and the tariffs charged by other airlines.
3. The tariffs referred to in paragraph 2 of this Article may be agreed by the designated airlines seeking approval of the tariff after consultation with other airlines. However, the designated airline shall not be precluded from proposing nor the Aeronautical Authorities from approving, any tariff, if that airline shall have failed to obtain the agreement of the other designated airlines to such tariff, or because no other designated airline is operating on the same route. In this context "the same route" means the route operated, not the specified route.
4. The tariffs referred to in paragraph 3 of this Article shall be submitted for approval to the Aeronautical Authorities of the Contracting Parties at least 60 days before the proposed date of their introduction. If within 30 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 to have been approved. In special cases, this time limits may be reduced, subject to the Agreement of the said authorities.
5. If a tariff has been disapproved by the Aeronautical Authorities of one Contracting Party in accordance with paragraph 4 of this Article, the Aeronautical Authorities of both Contracting Parties shall endeavor to determine the tariff by mutual agreement. Such negotiations shall begin within 30 days from the date on which the Aeronautical Authorities of one Contracting Party have notified to the Aeronautical Authorities of the other Contracting Party their disapproval of the tariff. In the absence of agreement, the dispute shall be dealt with in accordance with the provisions laid down in Article 18 of this Agreement.
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 this Agreement but not longer than 12 months from the date of disapproval by the Aeronautical Authorities of one of the Contracting Parties.
7. The Aeronautical Authorities of each Contracting Party shall use their best endeavors 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.
1. Aircraft operated in international air services by the designated airlines of either Contracting Party, their regular equipment, fuel, lubricants, spare parts including engines, and aircraft stores (including but not limited to such items as food, beverages and tobacco) which are on board such aircraft shall be relieved by the other Contracting Party on the basis of reciprocity from all customs duties, excise taxes and similar fees and charges not based on the cost of services provided on arrival, provided such equipment and supplies remain on board the aircraft.
2. Regular equipment, spare parts, supplies of fuels and lubricants, aircraft stores, printed ticket stock, air waybills, any printed materials which bears the insignia of a designated airline of either Contracting Party and usual publicity material distributed without charge by that designated airline, introduced into the area of the other Contracting Party by or on behalf of that designated airline or taken on board the aircraft operated by that designated airline and intended only for use on board such aircraft in the operation of international services shall be relieved by the other Contracting Party on the basis of reciprocity from customs duties, excise taxes and similar fees and charges not based on the cost of services provided on arrival, even when these supplies are to be used on any part of journey performed over the area of the Contracting Party in which they are taken on board.
3. The items referred to in paragraphs 1 and 2 of this Article may be required to be kept under the supervision or control of the appropriate authorities.
4. Regular air borne equipment, spare parts, supplies of fuels and lubricants and aircraft stores on board the aircraft of a designated airline of either Contracting Party may be unloaded in the area of the other Contracting Party only with the approval of the customs authorities of that Contracting Party who may require that these materials be placed under their supervision up to such time as they are re-exported or otherwise disposed of in accordance with customs regulations.
5. The reliefs 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 area of the other Contracting Party of the items specified in paragraphs 1 and 2 of this Article, provided that such other airline or airlines similarly enjoy such reliefs from such other Contracting Party.
1. The Contracting Parties reaffirm that their obligation to each other to protect the security of civil aviation against unlawful interference forms an integral part of this Agreement. The Contracting Parties shall in particular act in conformity with the aviation security 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 and the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation signed at Montreal on 23 September 1971.
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 applicable aviation security provisions established by the International Civil Aviation Organization designated as Annexes to the Convention on International Civil Aviation opened for signature at Chicago on 7 December 1944. They shall require that operators of aircraft of their registry or operators of aircraft having their principal place of business or permanent residents in their area, and the operators of airports in their area, 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 area of that other Contracting Party. Each Contracting Party shall ensure that adequate measures are effectively applied within its area 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.
1. Certificates of airworthiness, certificates of competency, and licenses issued or rendered valid by one Contracting Party, shall, during the period of their validity, be recognized as valid by the other Contracting Party for the purpose of operating the air services provided for in this Agreement, provided that the requirements under which such certificates or licenses were issued or rendered valid are equal to or above the minimum standards which may be established pursuant to the Convention. Each Contracting Party reserves the right, however, to refuse to recognize, for the purpose of flights above its own area and landing within its own area, certificates of competency and licenses granted to its own residents in the case of the Macao Special Administrative Region and to its own nationals in the case of the Kingdom of Cambodia or rendered valid for them by the other Contracting Party.
2. The aeronautical authorities of each Contracting Party may request consultations concerning the safety and security standards and requirements relating to aeronautical facilities, aircrew, aircraft, and the operation of the designated airlines which are maintained and administered by the other Contracting Party. If, followed such consultations, the aeronautical authorities of either Contracting Party find that the other Contracting Party does not effectively maintain and administer safety and security standards and requirements in those areas that are equal to or above the minimum standards which may be established pursuant to the Convention, they will notify the other Contracting Party of such findings and the steps considered necessary to bring the safety and security standards and requirements of the other Contracting Party to standards at least equal to the minimum standards which may be established pursuant to the Convention, and the other Contracting Party shall take appropriate steps to remedy the same.
3. Each Contracting Party reserves the right pursuant to Article 6 to withhold, limit, suspend, revoke or to impose conditions on the operating authorization with respect to any designated airline by the other Contracting Party, in the event the other Contracting Party does not take such appropriate action within a reasonable time.
The Aeronautical Authorities of a Contracting Party shall supply to the Aeronautical Authorities of the other Contracting Party at their request such periodic or other statements of statistics as may be reasonably required for the purpose of reviewing the capacity provided on the agreed services by the designated airlines of the Contracting Party referred to first in this Article. Such statements shall include all information required to determine the amount of traffic carried by those airlines on the agreed services.
A designated airline of the Macao Special Administrative Region shall have the right to convert and remit to the Macao Special Administrative Region on demand local revenues in excess of sums locally disbursed. A designated airline of the Kingdom of Cambodia shall have the right to convert and remit to the Kingdom of Cambodia on demand local revenues in excess of sums locally disbursed. Conversion and remittance shall be permitted without restrictions at the rate of exchange applicable to current transactions which is in effect at the time such revenues are presented for conversion and remittance.
1. The designated airlines 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 area of the other Contracting Party those of their own managerial, technical, operational and other specialist staff who are required for the provision of air services.
2. The designated airlines of each Contracting Party shall have the right to engage in the sale of air transportation in the area of the other Contracting Party directly and, at its 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 local currency or in any freely convertible currency.
1. Neither Contracting Party shall impose or permit to be imposed on the designated airline or airlines of the other Contracting Party user charges higher than those imposed on its own airlines operating similar international air services.
2. Each Contracting Party shall encourage consultation between its competent charging Authorities and airlines using the services and facilities, where practicable through the airlines representative organizations. Reasonable notice should be given to users of any proposals for changes in user charges to enable them to express their views before changes are made. Each Contracting Party shall further encourage the competent charging Authorities and airlines to exchange appropriate information concerning user charges.
Either Contracting Party may at any time request consultations on the implementation, interpretation, application or amendment of this Agreement. Such consultation, which may be between Aeronautical Authorities, shall begin within a period of 60 days from the date the other Contracting Party receives a written request, unless otherwise agreed by the Contracting Parties.
1. If any dispute arises between the Contracting Parties relating to the interpretation or application of this Agreement, the Contracting Parties shall in the first place try to settle it by negotiation.
2. If the Contracting Parties fail to reach a settlement of the dispute by negotiation, it may be referred by them to such person or body as they may agree on or, at the request of either Contracting Party, shall be submitted for decision to a tribunal of three arbitrators which shall be constituted in the following manner:
a) Within 30 days after receipt of a request for arbitration, each Contracting Party shall appoint one arbitrator. A national of a State which can be regarded as neutral in relation to the dispute, who shall act as President of the tribunal, shall be appointed as the third arbitrator by agreement between the two arbitrators, within 60 days of the appointment of the second;
b) If within the time limits specified above any appointment has not been made, either Contracting Party may request the President of the Council of the International Civil Aviation Organization to make the necessary appointment within 30 days. If the President considers that he is a national of a State which cannot be regarded as neutral in relation to the dispute, the most senior Vice President who is not disqualified on that ground shall make the appointment.
3. Except as hereinafter provided in this Article or as otherwise agreed by the Contracting Parties, the tribunal shall determine the limits of its jurisdiction and establish its own procedure. At the direction of the tribunal, or at the request of either of the Contracting Parties, a conference to determine the precise issues to be arbitrated and the specific procedures to be followed shall be held not later than 30 days after the tribunal is fully constituted.
4. Except as otherwise agreed by the Contracting Parties or prescribed by the tribunal, each Contracting Party shall submit a memorandum within 45 days after the tribunal is fully constituted. Replies shall be due 60 days later. The tribunal shall hold a hearing at the request of either Contracting Party, or at its discretion, within 30 days after replies are due.
5. The tribunal shall attempt to give written decision within 30 days after completion of the hearing or, it no hearing is held, after the date both replies are submitted. The decision shall be taken by a majority vote.
6. The Contracting Parties may submit requests for clarification of the decision within 15 days after it is received and such clarification shall be issued within 15 days of such request.
7. The decision of the tribunal shall be binding on the Contracting Parties.
8. Each Contracting Party shall bear the cost of the arbitrator appointed by it. The other costs of the tribunal shall be shared equally by the Contracting Parties including any expenses incurred by the President or Vice President of the Council of the International Civil Aviation Organization implementing the procedures in paragraph 2.b of this Article.
If either of the Contracting Parties considers desirable to amend any provision of this Agreement, such amendment, if agreed between the Contracting Parties, may be applied provisionally from the date on which it is agreed and shall enter into force when confirmed by both Contracting Parties in writing.
Either Contracting Party may at any time give notice in writing to the other Contracting Party of its decision to terminate this Agreement. This Agreement shall terminate at midnight (at the place of receipt of the notice) immediately before the first anniversary of the date of the receipt of such notice by the other Contracting Party, unless the notice is withdrawn by agreement before the end of this period.
This Agreement and any amendment thereto shall be registered with the International Civil Aviation Organization.
This Agreement shall enter into force as soon as the Contracting Parties have given notice in writing to each other that any necessary procedures have been completed.
IN WITNESS WHEREOF the undersigned, being duly authorized by their respective Governments, have signed this Agreement.
Done in duplicate at Phnom Penh on this 12th day of December 2001 in the Chinese, Portuguese, Khmer and English languages. All texts being equally authoritative. In case of divergence in interpretation, the English text shall prevail.
| For the Government of the Macao Special Administrative Region of the People's Republic of China |
For the Government of the Kingdom of Cambodia |
|
Ao Man Long Secretary for Transports & Public Works |
Keo Saphal Under Secretary of State State Secretariat of Civil Aviation |
1. Route(s) to be operated by the designated airline or airlines of the Macao Special Administrative Region:
From the Macao Special Administrative Region via intermediate points to Phnom Penh and points beyond
2. Routes to be operated by the designated airlines of the Kingdom of Cambodia:
From Phnom Penh via intermediate points to the Macao Special Administrative Region and points beyond
3. No points in inland of China, Taiwan and Hong Kong may be served either as intermediate points or beyond points.
4. Any of the points on the specified routes in this Annex may at the option of the designated airline of either Contracting Party be omitted on any or all flights, provided that these flights originate or terminate in the area of the Contracting Party designating the airline.
5. Fifth freedom traffic rights are to be agreed upon separately.
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URL: http://www.macaulites.org/mo/other/MOBTSer/2001/1.html