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7 FEVRIER 2003. - Loi portant assentiment à l'Accord entre le Gouvernement du Royaume de Belgique et le Gouvernement de Nouvelle-Zélande relatif au transport aérien, et l'Annexe, signés à Wellington le 4 juin 1999 (1) (2)

As Enacted (Moniteur belge) Cited in Related
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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 Nouvelle-Zélande relatif au transport aérien, et l'Annexe, signés à Wellington le 4 juin 1999, 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° 2-1186/1.

Rapport, n° 2-1186/2.

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° 50-2070/1.

Rapport, n°.

Texte adopté en séance plénière et soumis à la sanction royale, n° 50-2070/2.

Annales parlementaires

Discussion, séance du 14 novembre 2002.

Vote, séance du 14 novembre 2002.

(2) Ce Traité est entré en vigueur le 1er mai 2003.

AGREEMENT BETWEEN THE GOVERNMENT OF THE KINGDOM OF BELGIUM AND THE GOVERNMENT OF NEW ZEALAND ON AIR TRANSPORT AND ANNEX

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;

Recognising that efficient and competitive international air services enhance trade, the welfare of consumers, and economic growth;

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 :

  1. 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;

  2. the term "Agreement" means this Agreement, the Annex attached thereto, and any modifications to the Agreement or to the Annex;

  3. the term "aeronautical authorities" means : in the case of Belgium, the Ministry of Communications and, in the case of New Zealand, the Minister responsible for Civil Aviation or, in both cases, any other authority or person empowered to perform the functions now exercised by the said authorities;

  4. the terms "Air Service", "International Air Service", "Airline" and "Stop for non-traffic purposes" have the meaning respectively assigned to them in Article 96 of the Convention;

  5. the term "Designated airline" means an airline which has been designated and authorised in accordance with Articles 3 and 4 of this Agreement;

  6. 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;

  7. 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;

  8. 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;

  9. the terms "aircraft equipment", "ground equipment", "aircraft stores", "spare parts" have the meanings respectively assigned to them in Annex 9 of the Convention.

  10. the term « territory » has the meaning assigned to it in Article 2 of the Convention, provided that in the case of New Zealand, the term « territory » shall exclude Tokelau.

    ARTICLE 2

    Grant of Rights

    1. Each Contracting Party grants to the other Contracting Party the following rights for the conduct of international air services by the respective designated airlines :

  11. to fly without landing across its territory;

  12. to make stops in its territory for non-traffic purposes;

  13. 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 separately or in combination.

    1. 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.

      ARTICLE 3

      Designation to operate services

    2. Each Contracting Party shall have the right to designate, by diplomatic note, to the other Contracting Party, one or more airlines to operate the agreed services on the routes specified in the Annex for such a Contracting Party.

    3. 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

      Authorisation to operate services

    4. 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, regulations and rules, grant without delay to the airlines so designated the appropriate authorisations to operate the agreed services for which those airlines have been designated.

    5. Upon receipt of such authorisations the airlines may begin at any time to operate the agreed services, in whole or in part, provided that the airlines comply 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 authorisation

    6. The aeronautical authorities of each Contracting Party shall have the right to withhold the authorisations referred to in Article 4 of this Agreement with respect to the airlines designated by the other Contracting Party, to revoke or suspend such authorisation or impose conditions, temporarily or permanently :

  14. in the event of failure by such airlines to satisfy them that they are qualified to fulfil the conditions prescribed under the laws, regulations and rules normally and reasonably applied to the operation of international air services by these authorities in conformity with the Convention;

  15. in the event of failure by such airlines to operate in accordance with the conditions prescribed under this Agreement;

  16. in the event of failure by such airlines to comply with the laws, regulations and rules of that Contracting Party;

  17. in the event that they are not satisfied that such airlines are not incorporated and do not have their principal place of business in the territory of the Contracting Party designating the airlines and effective control of such airlines is not vested in the Contracting Party designating the airlines or that Contracting Party's nationals, or both.

    1. Unless immediate action is essential to prevent infringement of the laws, regulations and rules 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, regulations and rules.

    2. The laws, regulations and rules 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 airlines of the other Contracting Party upon entrance into, departure from and while within the said territory.

    3. The laws, regulations and rules of one Contracting Party respecting entry, clearance, transit, immigration, passports, customs, currency, sanitary requirements and quarantine shall be complied with by the designated airlines of the other Contracting Party and by or on behalf of their crews, passengers, cargo and mail upon transit of, admission to, departure from and while within the territory of such Contracting Party;

    4. Passengers in transit across the territory of either Contracting Party shall be subject to no more than a simplified control.

    5. 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.

      ARTICLE 7

      Certificates, licences and safety

    6. Certificates of airworthiness, certificates of competency and licences issued or rendered valid by one Contracting Party and still in force, shall be recognised 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 certificates or licences were issued or rendered valid pursuant to, and in conformity with, the standards established under the Convention.

      Each Contracting Party reserves the right, however, to refuse to recognise, for the purpose of flights above its own territory, certificates of competency and licences granted to its own nationals by the other Contracting Party.

    7. If the certificates or licences referred to in paragraph 1 of this article were issued or rendered valid according to requirements different from the...

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