7 FEVRIER 2003. - Loi portant assentiment à l'Accord entre le Gouvernement du Royaume de Belgique et le Gouvernement de la République d'Afrique du Sud relatif au transport aérien, et l'Annexe, signés à Bruxelles le 2 mai 2000 (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 République d'Afrique du Sud relatif au transport aérien, et l'Annexe, signés à Bruxelles le 2 mai 2000, 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° 2-1187/1.
Rapport, n° 2-1187/2.
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° 50-2071/1.
Rapport, n°
Texte adopté en séance plénière et soumis à la sanction royale, n° 50-2071/2.
Annales parlementaires.
Discussion, séance du 14 novembre 2002.
Vote, séance du 14 novembre 2002.
(2) Ce Traité est entré en vigueur le 1er avril 2003
AGREEMENT BETWEEN THE GOVERNMENT OF THE KINGDOM OF BELGIUM AND THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA FOR AIR SERVICES BETWEEN AND BEYOND THEIR RESPECTIVE TERRITORIES
The Government of the Kingdom of Belgium
and
The Government of the Republic of South Africa
(hereinafter referred to as the "Contracting Parties ");
Being parties to the Convention on International Civil Aviation opened for signature at Chicago on the seventh day of December, 1944;
Acknowledging the importance of air transport as a means of creating and preserving friendship, understanding and co-operation between peoples of the two countries;
Desiring to contribute to the progress of international civil aviation;
Desiring to conclude an Agreement for the purpose of establishing air services between and beyond their respective territories;
Have agreed as follows :
ARTICLE 1
Definitions
For the purpose of this Agreement, unless the context otherwise requires :
(a) The term "aeronautical authorities" means the respective Ministers responsible for Civil Aviation, or in either case any person or body duly authorized to perform any functions exercised by the said Minister;
(b) The term "agreed service" means scheduled air services on the routes specified in the Annex to this Agreement for the transport of passengers and cargo in accordance with agreed capacity entitlements and "specified route" means a route specified in the Annex to this Agreement;
(c) The term "Agreement" means this Agreement, its Annex drawn up in application thereof, and any amendments to the Agreement or to the Annex;
(d) 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;
(e) The term « airborne equipment » means articles, other than stores and spare parts of a removable nature, for use on board an aircraft during flight, including first aid and survival equipment;
(f) The term "cargo" includes mail;
(g) The term "Convention" means the Convention on International Civil Aviation, opened for signature at Chicago on the seventh day of December 1944, and includes :
(i) Any Annex or any amendment thereto adopted under Article 90 of the Convention, insofar as such Annex or amendment is at any given time in force for both Contracting Parties, and
(ii) Any amendment which has entered into force under Article 94(a) of the Convention and has been ratified by both Contracting Parties;
(h) The term "designated airline" means an airline or airlines designated and authorized in accordance with Article 3 (Designation and Authorization) of this Agreement;
(i) The term "ground handling" includes but is not limited to passenger, cargo and baggage handling, and the provision of catering facilities;
(j) The term "spare parts" means articles of a repair or replacement nature for incorporation in an aircraft, including engines;
(k) The term "tariff " means the prices which the designated airlines charge for the transport of passengers and cargo and the conditions under which those prices apply but excluding remuneration and conditions for carriage of mail; and
(l) The term "territory" in relation to a State has the meaning assigned to it in Article 2 of the Convention.
ARTICLE 2
Grant of rights
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Each Contracting Party grants to the other Contracting Party the rights specified in his Agreement to enable its designated airline to establish and operate international air services on the routes specified in the Annex.
2 Subject to the provisions of this Agreement, the designated airline of each Contracting Party shall enjoy the following rights :
(a) The right to fly without landing across the territory of the other Contracting Party;
(b) The right to make stops in that territory for non-traffic purposes; and
(c) The right to land in the territory of the other Contracting Party for the purpose of taking on board and discharging international traffic in passengers and cargo while operating an agreed service.
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Airlines of each Contracting Party, other than those designated under Article 3 (Designation and Authorization) of this Agreement, shall also enjoy the rights specified in sub-article (2)(a) and (b).
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Nothing in sub-article (2) shall be deemed to confer on the designated airline of one Contracting Party the privilege of uplifting in the territory of the other Contracting Party, passengers and cargo, carried for remuneration or hire and for discharge at another point in the territory of that other Contracting Party.
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If because of armed conflict, political disturbances or developments, or special and unusual circumstances, the designated airline of one Contracting Party are unable to operate a service on their normal routes, the other Contracting Party shall use its best efforts to facilitate the continued operation of such service through appropriate temporary rearrangements of such routes as is mutually decided by the Contracting Parties.
ARTICLE 3
Designation and authorisation
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Each Contracting Party shall have the right to designate in writing to the other Contracting Party an airline to operate the agreed services on the specified routes and to withdraw, in writing, any such designation.
-
The agreed services may begin at any time, in whole or in part, but not before :
(a) The Contracting Party to whom the rights have been granted shall have designated, pursuant to sub-article (1), an airline for the specified routes; and
(b) The Contracting Party granting the rights shall have given, with the least possible delay, the appropriate operating permission to the airline concerned (subject to the provisions of Article 4 [Revocation and Limitation of Authorization]).
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For the purpose of granting the appropriate operating authorization under sub-article (2), the aeronautical authority of one Contracting Party may require an airline designated by the other Contracting Party to satisfy it that it is qualified to fulfil the conditions prescribed under the laws and the regulations normally applied to the operation of international air services by such authority in conformity with the provisions of the Convention.
ARTICLE 4
Revocation and limitation of authorisation
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The aeronautical authorities of each Contracting Party shall, with respect to the designated airline of the other Contracting Party, have the right to withhold the authorizations referred to in Article 3 (Designation and Authorization) of this Agreement, to revoke or suspend such authorizations or impose conditions, temporarily or permanently, at any time during the exercise of the rights by the designated airline concerned :
(a) In the event of failure by the airline to qualify under or to comply with the laws and regulations normally applied by the aeronautical authorities of that Contracting Party in conformity with the Convention;
(b) in the event that the aeronautical authorities of that Contracting Party 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; or
(c) In the event the airline fails to operate in accordance with the conditions prescribed under this Agreement.
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Unless immediate action is essential to prevent further infringement of the laws and regulations referred to above, the rights enumerated in sub-article (1) shall be exercised only after consultations with the aeronautical authorities of the other Contracting Party, in accordance with Article 17 (Consultations).
ARTICLE 5
Application of laws, regulations and procedures
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The laws, regulations and procedures of either Contracting Party relating to the admission to or departure from its territory of aircraft engaged in international air services, or to the operation and navigation of such aircraft, shall be complied with by the designated airline of the other Contracting Party upon its entrance into, and until and including its departure from, the said territory.
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The laws, regulations and procedures of one Contracting Party relating to the entry into, sojourn in and departure from its territory of passengers, crew, cargo and aircraft (including laws and regulations relating to entry, clearance, aviation security, immigration, passports, customs, quarantine, or in the case of mail, postal laws and regulations) shall be applicable to the passengers, crew, cargo and the aircraft of designated airline of the other Contracting Party while they are in the territory of the first Contracting Party. Such laws and regulations shall be applied equally by each Contracting Party to the passengers...
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