Zakon o ratifikaciji Sporazuma med Vlado Republike Slovenije in Vlado Republike Italije o rednem zračnem prometu

The Government of the Republic of Slovenia and the Government of the Italian Republic, hereinafter called in the present Agreement the »Contracting Parties«,

being parties to the Convention on International Civil Aviation opened for signature at Chicago on 7 December, 1944,

desiring to conclude an Agreement, for the purpose of regulating the air services between the two countries based upon the principle of reciprocity,

have agreed as follows:

1. For the purpose of this Agreement, unless the context otherwise requires:

a) the term »the 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 of Convention under Articles 90 and 94 (a) thereof so far as those Annexes and amendments have become effective for or been ratified by both Contracting Parties;

b) the term »Aeronautical Authorities« means: in the case of the Republic of Slovenia, the Ministry of Transport and Communation, Civil Aviation Authority and any person or body authorized to perform any functions to which this Agreement relates; in the case of the Italian Republic, the Ministero dei Trasporti – Direzione Generate dell'Aviazione Civile and any person or body authorized to perform any functions to which this Agreement relates;

c) the term »designated airline« means an airline which have been designated and authorised in accordance with Article 4 of this Agreement;

d) the term »territory« in relation to a State has the meaning assigned to it in Article 2 of the Convention;

e) the term »air service«, »international air service«, »airline« and»stop for non-traffic purposes« have the meanings respectively assigned to them in Article 96 of the Convention;

f) the term »tariff« means the prices to be paid for the carriage of passengers, baggage and cargo and the conditions under which these prices apply, including commission charges and other additional remuneration for agency or sale of transportation documents but excluding remuneration and conditions for the carriage of mail.

2. The Annex forms an integral part of the present Agreement. All references to the Agreement shall include the Annex unless explicitly agreed otherwise.

The provisions of this Agreement shall be subject to the provisions of the Convention insofar as those provisions are applicable to international air services.

1. Each Contracting Party grants to the other Contracting Party the rights specified in the present Agreement for the purpose of establishing and operating air services on the routes specified in the Annex thereto (hereinafter called »the agreed Services« and the »specified routes«).

2. The airline designated by each Contracting Party shall enjoy the following privileges:

a) to fly without landing across the territory of the other Contracting Party;

b) to land in the territory of the other Contracting Party for non-traffic purposes and;

c) while operating on the specified routes, to make stops in the territory of the other Contracting Party at the points specified in the Route schedule for the purpose of taking on board and discharging passengers, cargo and mail coming from or destined to other points so specified.

3. Nothing in paragraph 2. of this Article shall be deemed to confer on the designated airline of one Contracting Party the privilege of taking on board, in the territory of the other Contracting Party, passengers, cargo and mail upon remuneration or hire and destined to another point in the territory of the other Contracting Party.

4. If because of armed conflict, political disturbances of developments, or special and unusual circumstances, the designated airline of one Contracting Party is unable to operate a service on its normal routing, the other Contracting Party shall use its best efforts to facilitate the continued operation of such service through appropriate rearrangements of such routes, including the grant of rights for such time as may be necessary to facilitate viable operations.

1. Each Contracting Party shall have the right to designate in writing to the other Contracting Party one airline for the purpose of operating the agreed services on the specified routes.

2. On receipt of such designation the other Contracting Party shall, subject to the provisions of paragraphs 3. and 4. of this Article, without delay grant to the designated airline the appropriate operating authorization.

3. The Aeronautical Authorities of one Contracting Party may require the 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 in accordance with the provisions of the Convention.

4. Each Contracting Party shall have the right to refuse to grant the operating authorisation referred to in paragraph 2. of this Article, or to impose such conditions as it may deem necessary on the exercise by the designated airline of the rights specified in Article 3 of this Agreement, in any case where the said Contracting Party has no proof that a preponderant part of ownership and effective control of that airline are vested in the Contracting Party designating the airline or in its nationals.

5. When the airline of each Contracting Party has been so designated and authorised, it may begin at any time to operate the agreed services, provided that the airline complies with applicable provisions of this Agreement.

1. Each Contracting Party shall have the right to revoke an operating authorisation or to suspend the exercise of the rights specified in Article 3 of this Agreement by the airline designated by the other Contracting Party, or to impose such conditions as it may deem necessary on the exercise of these rights in any of the following cases:

a) in any case where it has no proof that a. preponderant part of ownership and effective control of that airline are vested in the Contracting Party designating the airline or in its nationals;

b) in the case of failure by that airline to comply with the laws or regulations of the Contracting Party granting these rights;

c) in case the airline otherwise fails to operate in accordance with the conditions prescribed under this Agreement.

2. Unless immediate revocation, suspension or imposition of the conditions mentioned in paragraph 1. of this Article is essential to prevent further infringements of laws or regulations, such right shall be exercised only after consultation with the other Contracting Party.

1. Aircraft operated on international air services by the designated airline of one Contracting Party, as well as their regular equipment, spare parts including engines, supplies of fuel and lubricants and aircraft stores (including food, beverage and tobacco) which are on board such aircraft, shall be exempted by the other Contractine Party from all kinds of customs duties, inspection fees and any other fiscal charges on arriving in the territory of the other Contracting Party, provided that such regular equipment and such other items remain on board the aircraft.

2. There shall also be exemption from the same duties, fees and charges, with the exclusion of charges relating to the service performed, for:

a) fuel, lubricants, aircraft stores, spare parts including engines and regular airborne equipment imported in the territory of one Contracting Party by the aircraft of the designated airline of the other Contracting Party and exclusively intended for use by aircraft of the said airline;

b) fuel, lubricants, aircraft stores, spare parts including engines and regular airborne equipment, taken on board in the territory of each Contracting Party by the aircraft of the designated airline of one Contracting Party, while operating the agreed services, and intended solely for use and consumption for the air transport. In such a case, they may be placed under supervision of the competent authorities until they are re-exported or otherwise disposed of in accordance with customs regulations.

3. The materials enjoying the exemptions from customs duties and other fiscal charges, provided for in the preceding paragraphs will not be used for purposes other than international air services and must be re-exported if not used, unless their transfer to other international airline is granted, or their permanent importation is permitted, in accordance with the provisions in force in the territory of the Contracting Party.

4. The exemptions set out in this Article, applicable also to the part of the. above mentioned materials used or consumed during the flight over the territory of the Contracting Party granting the exemptions may be subject to compliance with the peculiar formalities generally applied in the said territory, including customs controls.

1. There shall be fair and equal opportunity for the designated airline of each Contracting Party to operate the agreed services on the specified routes.

2. In operating the agreed services, the designated airline of each Contracting Party shall take into account the interests of the designated airline of the other Contracting Party so as not to affect unduly the services which the latter provides on the whole or part of the same routes.

3. The agreed services provided by the designated airline of each Contracting Parties shall bear close relationship to the requirements of the public for transportation on the specified routes and shall have as their primary objective the provision of capacity adequate to meet the current and reasonably anticipated requirements for the carriage of passengers, cargo and mail between the territories of the Contracting Parties.

4. The designated airline of one Contracting Party shall provide for approval to the Aeronautical Authorities of the other Contracting Party flight schedules including information on the type of aircraft to be used, at least sixty (60) days before each summer or winter season.

5. Neither Contracting Party shall unilaterally restrict the operations of the designated airline of the other Contracting Party, except according to the terms of the present Agreement or by such uniform conditions as may be contemplated by the Convention.

1. The tariffs to be charged by the airline of one contracting Party for carriage to or from the territory of the other Contracting Party shall be established at reasonable levels, due regard being paid to all relevant factors, including cost of operation, reasonable profit, and the tariffs of other airlines.

2. The tariffs referred to in paragraph 1 of this Article shall, if possible, be subject of consultations between the designated airlines of each Contracting Parties.

3. The tariffs shall be submitted for the approval of the aeronautical authorities of both Contracting Parties at least ninety (90) days before the proposed date of their introduction. In special cases, this period may be reduced, subject to the agreement of the said authorities.

4. This approval may be given expressly. If neither of the aeronautical authorities has expressed disapproval within thirty (30) days from the date of submission, in accordance with paragraph 3 of this Article, this tariff shall be considered as approved. In the event of the period for submission being reduced, as provided for in paragraph 3, the aeronautical authorities may agree that the period within which any disapproval must be notified shall be less than thirty (30) days.

5. If a tariff cannot be agreed in accordance with paragraph 2 of this Article, or if, during the period applicable in accordance with paragraph 4 of this Article, one aeronautical authority gives the other aeronautical authority notice of its disapproval of a tariff agreed in accordance with the provisions of paragraph 2 of this Article, the aeronautical authorities of the two Contracting Parties shall, after consultation with the aeronautical authorities of any other State whose advice they consider useful, endeavour to determine the tariff by mutual agreement.

6. If the aeronautical authorities cannot agree on any tariff submitted to them under paragraph 3 of this Article, or on the determination of any tariff under paragraph 5 of this Article, the dispute shall be settled in accordance with the provisions of Article 15 of this Agreement.

7. A tariff established in accordance with the provisions of this Article shall remain in force until a new tariff has been established.

1. The laws, regulations and administrative directives of one Contracting Party relating to the admission to, the stay in or departure from its territory of aircraft engaged in international air navigation, or to the operation and navigation of such aircraft while within its territory, shall be applied to the aircraft of the airline designated by the other Contracting Party and shall be complied with by such aircraft upon entrance into or departure from, or while within, the territory of the first Contracting Party.

2. The laws, regulations and administrative directives of one Contracting Party relating to the admission to, the stay in or departure from its territory of passengers, crew, cargo or mail of aircraft, including 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 of the other Contracting Party upon entrance into or departure from, or while within, the territory of the first Contracting Party.

3. Neither Contracting Party may grant any preference to its own airline with regard to the designated airline of the other Contracting Party in the application of the laws and regulations provided for in this Article.

1. Certificates of airworthiness, certificates of competency and licences issued or rendered valid by one Contracting Party shall, during the period of their validity subject to the provisions of paragraph 2. of this Article, be recognised as valid by the other Contracting Party.

2. Each Contracting Party reserves the right to refuse to recognize as valid, for the purpose of flight over its territory, certificates of airworthiness, certificates of competency or licences granted to or rendered valid for its own nationals by the other Contracting Party or by a third State.

1. Each Contracting Party shall grant to the designated airline of the other Contracting Party the right to maintain in the points specified in the route schedule on its territory offices and administrative commercial and technical personnel chosen among nationals from either or both Contracting Parties as may be necessary for the requirements of the designated airline.

2. The employment of the third Country nationals in the territory of either Contracting Party shall be permitted subject to the authorisation of the competent Authorities.

3. All the above personnel shall be subject to the laws relating to the admission and stay in the territory of the other Contracting Party, such as the laws, regulations and administrative directives applicable in that territory.

4. The number of such personnel, established on agreement between the designated airlines, shall be submitted for approval to the appropriate Authorities of the two Contracting Parties.

5. Each Contracting Party will provide for any necessary assistance and facilities to said offices and personnel.

1. In accordance with their rights and obligations under international law, the Contracting Parties reaffirm that their obligation to protect, in their mutual relationship, the security of civil aviation against acts of unlawful interference forms an integral part of this Agreement.

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 act in conformity with the provisions of the Convention on Offences 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 Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 September 1971.

4. The Contracting Parties shall, in their mutual relations, act in conformity with the aviation security standards and, so far as they are applied by them, the recommended practices established by the International Civil Aviation Organization, and designated as Annexes to the Convention, and shall require that operators of aircraft of their registry, operators who have their principal place of business or permanent residence in their territory, and the operators of airports in their territory, act in conformity with such aviation security provisions. In this paragraph the reference to aviation security standards includes any difference notified by the Contracting Party concerned. Each Contracting Party shall give advance information to the other Contracting. Party of its intention to notify any difference relating to such standards.

5. Each Contracting Party agrees that such operators of aircraft may be required to observe the aviation security provisions required by the other. Contracting Party for entry into, departure from, or while within, the territory of that other Contracting Party. Each Contracting Party shall take all reasonable measures within its territory to protect aircraft and to inspect passengers, crew, carry-on items, baggage, cargo and aircraft stores prior to and during boarding and loading. Each Contracting Party shall also consider favorably for action any request from the other Contracting Party for reasonable special security measures to meet a particular threat.

6. When an incident or threat of an incident of unlawful seizure of aircraft or other unlawful acts against the safety of passengers, crew, aircraft, airports and 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.

7. When a Contracting Party has reasonable grounds to believe that the other Contracting Party has departed from aviation security provisions of this article, the first Contracting Party may request immediate consultations with the other Contracting Party.

1. Each Contracting Party grants to the designated airline of the other Contracting Party the right to sell freely in domestic currency and/or in convertible currency air transport services, including services complementary to air transport, on the specified routes and all other services of its own network, and on the networks of the other airlines, either directly or through agents.

2. The designated airline of each Contracting Party shall be free to effect the actual transfer abroad of the excess of receipts over expenditure in relation to sales for the transportation of passengers, cargo and mail including the related banking interests without any delay or limitation.

3. Each Contracting Party shall ensure the designa¬ted airline of the other Contracting Party the execution of transfers into a freely convertible currency within a maximum of thirty (30) days from the date of application.. To aforesaid transfers shall be applied the rate of exchange in force at the date of sale.

4. If one of the Contracting Parties imposes limitation or delays on the transfers of the designated airline of the other Contracting Party, the latter shall be entitled to suspend the exercise by the designated airline of the former Contracting Party of the rights specified in paragraphs 2. and 3. of this article.

5. Whenever the payment system between the Contracting Parties is governed by a special agreement, this agreement shall apply.

1. In a spirit of close cooperation, the Aeronautical Authorities of the Contracting Parties shall consult each other from time to time with a view to ensuring the implementation of, and satisfactory compliance with, the provisions of this Agreement and the Annex attached thereto.

2. If either of the Contracting Parties considers it desiderable to modify any provisions of this Agreement, it may at any time propose in writing such modification to the other Contracting Party. Consultations between the two Contracting Parties concerning such proposed modification may be either oral or in writing and shall, unless otherwise agreed, begin within a period of sixty (60) days, except in the case when consultations are requested according to art. 12 point 7 when they should take place within fifteen (15) days from the date of the request made by one of the Contracting Parties.

3. In the event that either of the Contracting Parties considers it desirable to modify the Annex to this Agreement such modification shall be agreed upon in consultation between the Aeronautical Authorities of the two Contracting Parties.

4. Any modification to this Agreement in accordance with paragraph 2. of this article shall come into effect when such modification has been confirmed by an Exchange of Notes through the diplomatic channels.

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 endeavour to settle it by negotiation.

2. If the Contracting Parties fail to reach a settlement by negotiation, they may agree to refere the dispute for decision to some person or body; if they do not so agree, the dispute shall at the request of either Contracting Party be submitted for decision to a tribunal of three arbitrators, one to be nominated by each Contracting Party and the third to be appointed by the two so nominated. Ein the Contracting Parties shall nominate an arbitrator within a period of sixty (60) days from the date of receipt by either Contracting Party from the other of a notice through diplomatic channels requesting arbitration of the dispute by such a tribunal, and the third arbitrator shall be appointed within a further period of sixty (60) days. If either of the Contracting Parties fails to nominate an arbitrator within the period specified, or if the third arbitrator is not appointed within the period specified, the President of the Council of the International Civil Aviation Organization may at the request of either Contracting Party appoint an arbitrator or arbitrators as the case requires. In such a case the third arbitrator shall be a national of a third State and shall act as President of the arbitral tribunal.

3. The Contracting Parties shall comply with any decision given under paragraph 2. of this article.

4. Any dispute concerning any kind of customs duties and any other fiscal charge will not, in any case, be submitted to the procedure of the tribunal of arbitrators, provided for in paragraph 2. of this article.

In the event of the conclusion of a multilateral Convention or Agreement concerning air transport to which both Contracting Parties adhere, this Agreement shall be modified to conform to the provisions of such Convention or Agreement, by consultations between the two Contracting Parties.

The aeronautical Authorities of one Contracting Party shall provide to the aeronautical Authorities of the other Contracting Party, on request, periodic statistics or other similar information relating to the traffic carried on the agreed services by the respective designated airlines, to/from the territory of the other Contracting Party.

This Agreement and any subsequent amendments shall be registered with the International Civil Aviation Organization.

Either Contracting Party may at any time give notice to the other Contracting Party of its decision to terminate this Agreement; such a notice shall be simultaneously communicated to the International Civil Aviation Organization. In such a case the Agreement shall terminate twelve (12) months after the date of receipt of the notice by the other Contracting Party unless the notice to terminate is withdrawn by agreement before the end of this period. In the absence of acknowledgement of receipt by the other Contracting Party, notice shall be deemed to have been received fourteen (14) days after the receipt of the notice by the International Civil Aviation Organization.

This Agreement shall enter into force as soon as the Contracting Parties exchange their respective instruments of ratification.

In witness whereof, the undersigned, being duly authorised by their respective Governments, have signed this Agreement.

Done at this day of March 29, 1993, in Ljubljana in two originals in the English language.

ROUTE SCHEDULE I

Routes on which air services may be operated by the designated airline of the Republic of Slovenia: Points in Slovenia/Rome and vice versa

ROUTE SCHEDULE II

Routes on which air services may be operated by the designated airline of the Republic of Italy: Points in Italy/Ljubljana and vice versa.