7 FEVRIER 2003. - Loi portant assentiment à l'Accord entre le Gouvernement du Royaume de Belgique et le Gouvernement de la Région administrative spéciale de Hong Kong de la République populaire de Chine relatif au transport aérien, et l'Annexe, signés à Bruxelles le 6 avril 1998 (1) (2)
ALBERT II, Roi des Belges,
A tous, présents et à venir, Salut.
Les Chambres ont adopté et Nous sanctionnons ce qui suit :
Article 1er. La présente loi règle une matière visée à l'article 77 de la Constitution.
Art. 2. L'Accord entre le Gouvernement du Royaume de Belgique et le Gouvernement de la Région administrative spéciale de Hong Kong de la République populaire de Chine relatif au transport aérien, et l'Annexe, signés à Bruxelles le 6 avril 1998, sortiront leur plein et entier effet.
Promulguons la présente loi, ordonnons qu'elle soi revêtue du sceau de l'Etat et publiée par le Moniteur belge.
Donné à Bruxelles, le 7 février 2003.
ALBERT
Par le Roi :
Le Ministre des Affaires étrangères,
L. MICHEL
La Ministre de la Mobilité et des Transports,
Mme I. DURANT
Scellé du sceau de l'Etat :
Le Ministre de la Justice,
M. VERWILGHEN
_______
Notes
(1) Session 2001-2002.
Sénat.
Documents.
Projet de loi déposé le 31 mai 2002, n° 2-1179/1.
Rapport, n° 2-1179/2.
Texte adopté par la Commission, n°.
Annales parlementaires.
Discussion, séance du 10 octobre 2002.
Vote, séance du 10 octobre 2002.
Chambre
Documents
Projet transmis par le Sénat, n° 50-2063/1.
Rapport, n°.
Texte adopté en séance plénière et soumis à la sanction royale, n° 50-2063/2.
Annales parlementaires
Discussion, séance du 14 novembre 2002.
Vote, séance du 14 novembre 2002.
(2) Ce Traité est entré en vigueur le 1er juillet 2003.
AGREEMENT BETWEEN THE GOVERNMENT OF THE KINGDOM OF BELGIUM AND THE GOVERNMENT OF HONG KONG SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE'S REPUBLIC OF CHINA CONCERNING AIR SERVICES
The Government of the Kingdom of Belgium
and
The Government of the Hong Kong Special Administrative Region of the People's Republic of China ("the Hong Kong Special Administrative Region")
(hereinafter referrerd to as the "Contracting Parties"),
Desiring to conclude an Agreement for the purpose of providing the framework for air services between Belgium and the Hong Kong Special Administrative Region,
Have agreed as follows :
ARTICLE 1
Definitions
For the purpose of this Agreement, unless the context otherwise requires :
(a) the term "aeronautical authorities" means in the case of the Hong Kong Special Administrative Region, the Director of Civil Aviation, and in the case of Belgium, the Ministry of Transport, or, in both cases, any person or body authorised to perform any functions at present exercisable by the above-mentioned authorities or similar functions;
(b) the term "designated airline" means an airline which has been designated and authorised in accordance with Article 4 of this Agreement;
(c) the term "area" in relation to the Hong Kong Special Administrative Region includes the Hong Kong Special Administrative Region Island, Kowloon and the New Territories and in relation to Belgium 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;
(d) the terms "air service", "international air service", "airline" and "stop for non-traffic purposes" have the meanings respectively assigned to them in Article 96 of the said Convention :
(e) the term "this Agreement" includes the Annex hereto and any amendments to it or to this Agreement.
ARTICLE 2
Provisions of the Chicaeo Convention Applicable to International Air Services
In implementing this Agreement, the Contracting Parties shall act in conformity with the provisions of the Convention on International Civil Aviation, opened for signature at Chicago on 7 December 1944, including the Annexes and any amendments to the Convention or to its Annexes which apply to both Contracting Parties, insofar as these provisions are applicable to international air services.
ARTICLE 3
Grant of Rights
(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 designated airlines of 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 points determined for that route in accordance with the Annex to this Agreement for the purpose of taking on board and discharging passengers and cargo. including mail, separately or in combination.
(3) Nothing in paragraph (2) of this Article shall be deemed to confer on the designated airlines of one Contracting Party the right to take on board, at one point in the area of the other Contracting Party, passengers and cargo, including mail, carried for hire or reward and destined for another point in the area of the other Contracting Party.
(4) If because of armed conflict, political disturbances or developments, or special and unusual circumstances, a designated airline of one Contracting Party is unable to operate a service on its normal routeing, the other Contracting Party shall use its best efforts to facilitate the continued operation of such service through appropriate temporary rearrangements of routes.
ARTICLE 4
Designation of and Authorisation of Airlines
(1) Each Contracting Party shall have the right to designate in writing to the other Contracting Party one or more 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 authorisations.
(3) (a) The Government of the Hong Kong Special Administrative Region shall have the right to refuse to grant the operating authorisations 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 rights specified in Article 3(2) of this Agreement, in any case where it is not satisfied that substantial ownership and effective control of that airline are vested in the Government of Belgium or its nationals.
(b) The Government of Belgium shall have the right to refuse to grant the operating authorisations 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 rights specified in Article 3(2) 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 Hong Kong Special Administrative Region.
(4) 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 and reasonably applied to the operation of international air services by such authorities.
(5) When an airline has been so designated and authorised it may begin to operate the agreed services, provided that the airline complies with the applicable provisions of this Agreement.
ARTICLE 5
Revocation or Suspension of Operatine Authorisation
(1) Each Contracting Party shall have the right to revoke or suspend an operating authorisation for the exercise of the rights specified in Article 3(2) 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) (i) in the case of the Government of the Hong Kong Special Administrative Region, in any case where it is not satisfied that substantial ownership and effective control of that airline are vested in the Government of Belgium or its nationals;
(ii) in the case of the Government of Belgium, in any case where it is not satisfied that that airline is incorporated and has its principal place of business in the Hong Kong Special Administrative Region;
or
(b) in the case of failure by that airline to comply with the laws or 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 the operating authorisation mentioned in paragraph (1) of this Article or imposition of the conditions therein is essential to prevent further infringements of laws or regulations, such right shall be exercised ordy after consultation with the other Contracting Party.
ARTICLE 6
Principles Governing Operation of Aereed Services
(1) There shall be fair and equal opportunity for the designated airlines of the 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 a reasonable load factor of capacity adequate to meet the current and reasonably anticipated requirements for the carriage of passengers and cargo, including mail, originating in or destined for the area of the Contracting Party which has designated the...
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