5 NOVEMBER 2002. - Wet houdende instemming met de Overeenkomst tussen de Regering van het Koninkrijk België en de Regering van de Republiek Kaapverdië inzake luchtvervoer, en de Bijlage, ondertekend te Brussel op 22 juni 1998 (1) (2)
ALBERT II, Koning der Belgen,
Aan allen die nu zijn en hierna wezen zullen, Onze Groet.
De Kamers hebben aangenomen en Wij bekrachtigen, hetgeen volgt :
Artikel 1. Deze wet regelt een aangelegenheid als bedoeld in artikel 77 van de Grondwet.
Art. 2. De Overeenkomst tussen de Regering van het Koninkrijk België en de Regering van de Republiek Kaapverdië inzake luchtvervoer, en de Bijlage, ondertekend te Brussel op 22 juni 1998, zullen volkomen gevolg hebben.
Kondigen deze wet af, bevelen dat zij met 's Lands zegel zal worden bekleed en door het Belgisch Staatsblad zal worden bekendgemaakt.
Gegeven te Châteauneuf-de-Grasse, 5 november 2002.
ALBERT
Van Koningswege :
De Minister van Buitenlandse Zaken,
L. MICHEL
De Minister van Mobiliteit en Vervoer,
Mevr. I. DURANT
Met 's Lands zegel gezegeld :
De Minister van Justitie,
M. VERWILGHEN
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Nota's
(1) Zitting 2001-2002.
Senaat
Documenten . - Ontwerp van wet ingediend op 26 april 2002, nr. 2-1129/1. - Verslag, nr. 2-1129/2. - Tekst aangenomen door de Commissie
Parlementaire Handelingen . - Bespreking, vergadering van 10 juli 2002. Stemming, vergadering van 10 juli 2002.
Kamer
Documenten . - Tekst overgezonden door de Senaat, nr. 50-1931/1. - Verslag. - Tekst aangenomen in plenaire vergadering en aan de Koning ter bekrachtiging voorgelegd, nr. 50-1931/2
Parlementaire Handelingen . - Bespreking, vergadering van 20 juli 2002. Stemming, vergadering van 20 juli 2002.
(2) Dit Verdrag is in werking getreden op 1 februari 2003.
AGREEMENT BETWEEN THE GOVERNMENT OF THE KINGDOM OF BELGIUM AND THE GOVERNMENT OF THE REPUBLIC OF CAPE VERDE ON AIR TRANSPORT
The government of the kingdom of Belgium and the government of the Republic of cape verde.
Being parties to the Convention on International Civil Aviation opened for signature at Chicago, on the 7th day of December, 1944;
Desiring to conclude an agreement, supplementary to the said Convention, for the purpose of establishing air services between and beyond their respective territories;
Desiring to ensure the highest degree of safety and security in international air transport;
Have agreed as follows :
ARTICLE 1
Definitions
For the purpose of this Agreement, unless the context otherwise requires :
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the term "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 of the Convention under Articles 90 and 94 thereof so far as those Annexes and amendments have been adopted or ratified by both Contracting Parties;
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the term "Agreement" means this Agreement, the Annex attached thereto, and any modifications to the Agreement or to the Annex;
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the term "aeronautical authorities" means : in the case of Belgium, The Ministry of Communications and, in the case of Cape Verde, The Ministry of Infrastructure and Transport or, in both cases, any other authority or person empowered to perform the functions now exercised by the said authorities;
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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;
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the term "Designated airline" means an airline which has been designated and authorized in accordance with Articles 3 and 4 of this Agreement;
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the term "Agreed services" means scheduled air services on the routes specified in the Annex to this Agreement for the transport of passengers, cargo and mail, separately or in combination;
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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 prices and conditions for agency and other ancillary services, but excluding remuneration and conditions for the carriage of mail;
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the term "Change of gauge" means the operation of one of the agreed services by a designated airline in such a way that one section of the route is flown by aircraft different in capacity from those used on another section;
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The terms "aircraft equipment", "ground equipment", "aircraft stores", "spare parts" have the meanings respectively assigned to them in Annex 9 of the Convention.
ARTICLE 2
Grant of Rights
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Each Contracting Party grants to the other Contracting Party the following rights for the conduct of international air services by the respective designated airlines :
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to fly without landing across its territory;
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to make stops in its territory for non-traffic purposes;
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to make stops in its territory for the purpose of taking up and discharging, while operating the routes specified in the Annex, international traffic in passengers, cargo and mail originating in or destined for the territory of the other Contracting Party.
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Nothing in paragraph 1 of this article shall be deemed to confer on a designated airline of one Contracting Party the privilege of taking up, in the territory of the other Contracting Party, passengers, cargo and mail carried for remuneration or hire and destined for another point in the territory of that other Contracting Party.
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The grant traffic of rights pursuant to par. 1 does not confer on the designated airline of either Contracting Party the right to carry passengers, baggage, cargo and mail between points in the territory of the other Contracting Party and points in the territory of a third country or vice versa (fifth freedom). These traffic rights may only be granted on the basis of a special agreement between the aeronautical authorities of both Contracting parties.
The procedure for requesting and granting these rights will be by exchange of letters between the aeronautical authorities.
ARTICLE 3
Designation to operate services
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Each Contracting Party shall have the right to designate, by diplomatic note, to the other Contracting Party, an airline to operate the agreed services on the routes specified in the Annex for such a Contracting Party.
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Each Contracting Party shall have the right to withdraw, by diplomatic note to the other Contracting Party, the designation of any airline and to designate another one.
ARTICLE 4
Authorization to operate services
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Following receipt of a notice of designation by one Contracting Party pursuant to Article 3 of this Agreement, the aeronautical authorities of the other Contracting Party shall, consistent with its laws and regulations, grant without delay to the airline so designated the appropriate authorizations to operate the agreed services for which that airline has been designated.
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Upon receipt of such authorizations the airline may begin at any time to operate the agreed services, in whole or in part, provided that the airline complies with the applicable provisions of this Agreement and that tariffs are established in accordance with the provisions of Article 13 of this Agreement.
ARTICLE 5
Revocation or suspension of operating authorization
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The aeronautical authorities of each Contracting Party shall have the right to withhold the authorizations referred to in Article 4 with respect to an airline designated by the other Contracting Party, to revoke or suspend such authorization or impose conditions, temporarily or permanently;
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in the event of failure by such airline 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 these authorities in conformity with the Convention;
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in the event of failure by such airline to operate in accordance with the conditions prescribed under this Agreement;
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in the event of failure by such airline to comply with the laws and regulations of that Contracting Party;
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in the event that they are not satisfied that substantial ownership and effective control of the airline are vested in the Contracting Party designating the airline or in its nationals.
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Unless immediate action is essential to prevent infringement of the laws and regulations referred to above, the rights enumerated in paragraph 1 of this article shall be exercised only after consultations with the aeronautical authorities of the other Contracting Party in conformity with Article 17 of this Agreement.
ARTICLE 6
Application of laws and regulations
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The laws and regulations of one Contracting Party relating to the admission to, remaining in, or departure from its territory of aircraft engaged in international air navigation or to the operation and navigation of such aircraft shall be complied with by the designated airline of the other Contracting Party upon entrance into, departure from and while within the said territory.
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The laws and regulations of one Contracting Party respecting entry, clearance, transit, immigration, passports, customs, currency, sanitary requirements and quarantine shall be complied with by the designated airline of the other Contracting Party and by or on behalf of its crews, passengers, cargo and mail upon transit of, admission to, departure from and while within the territory of such Contracting Party;
Passengers in transit across the territory of either Contracting Party shall be subject to no more than a simplified control.
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Neither of the Contracting Parties shall give preference to its own or any other airline over an airline engaged in similar international air services of the other Contracting Party in the application of its regulations specified in paragraphs 1 and 2 of this article or in the use of airports, airways, air traffic services and associated facilities under its control.
ARTICLE 7
Certificates and licences
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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 routes specified in the Annex, provided that such...
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