Zakon o ratifikaciji sporazuma o zračnem prometu med Vlado Republike Slovenije in Zvezno vlado Republike Avstrije

The Government of the Republic of Slovenia and the Austrian Federal Government,

Hereinafter called in this Agreement the Contracting Parties,

Being Parties to the Convention on International Civil Aviation, opened for signature at Chicago on the seventh day of December, 1944,

Desiring to conclude an Agreement, supplementary to the said Convention, for the purpose of establishing scheduled air services between and beyond their respective territories, based on the principle of reciprocity

Have agreed as follows:

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

(a) The term »Contracting Party« means the Government of the Republic of Slovenia on the one hand and the Austrian Federal Government on the other;

(b) 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 Annex or Convention under Articles 90 and 94 thereof insofar as these have become effective for both Contracting Parties;

(c) the term »aeronautical authorities« means, in the case of the Government of the Republic of Slovenia the Ministry of Transport and Communication, Civil Aviation Authority, and, in the case of the Austrian Federal Government the Federal Minister for Public Economy and Transport;

(d) the term »territory« in relation to a state means the land areas and territorial waters adjacent thereto under the sovereignty of that State;

(e) the term »air service« means any scheduled air service performed by aircraft for the public transport of passengers, mail or cargo;

(f) the term »international air service« means an air service which passes through the air space over the territory of more than one State;

(g) the term »airline« means any air transport enterprise offering or operating an international air service;

(h) the term »designated airline« means an airline which has been designated und authorized in accordance with Article 3 of the present Agreement;

(i) the term »stop for non-traffic purposes« means a landing for any purpose other than taking on or discharging passengers, cargo or mail;

(j) the term »capacity« means:

(i) in relation to an aircraft, the payload of that aircraft available on a route or section of a route;

(ii) in relation to a specified air service, the capacity of the aircraft used on such service, multiplied by the frequency operated by such aircraft over a given period on a route or a section of a route;

(k) 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.

(1) Each Contracting Party grants to the other Contracting Party the following rights in respect of its scheduled international air services:

(a) the right to fly across its territory without landing;

(b) the right to make stops in its territory for non-traffic purposes.

(2) Each Contracting Party grants to the other Contracting Party the rights specified in this Agreement for the purpose of establishing scheduled international air services on the routes specified in the Annex. Such services and routes are hereafter called »the agreed services« and »the specified routes« respectively. While operating an agreed service on a specified route, the airline(s) designated by each Contracting Party shall enjoy, in addition to the rights specified in paragraph 1 of this Article, the right to make stops in the territory of the other Contracting Party at the points specified for that route in the Schedule for the purpose of taking on board and discharging passengers and cargo including mail.

(3) Nothing in paragraph 2 of this Article shall be deemed to confer on the airline(s) of one Contracting Party the privilege of taking on board, in the territory of the other Contracting Party, passengers and cargo including mail carred for hire or reward and destined for another point in the territory of that other Contracting Party.

(1) Each Contracting Party shall have the right to designate one or more airlines for the purpose of operating the agreed services on the specified routes. Such designation shall be effected by virtue of written notification of the aeronautical authority of one Contracting Party to the aeronautical authority of the other Contracting Party.

(2) On receipt of such designation, the aeronautical authority of the other Contracting Party shall, subject to the provisions of paragraphs 4 and 5 of this Article, without delay grant to a designated airline the appropriate operating authorizations.

(3) The aeronautical authority of one Contracting Party shall have the right, by written notification to the aeronautical authority of the other Contracting Party, to withdraw the designation of any such airline and to designate another one.

(4) An airline designated by either Contracting Party may be required to satisfy the other Contracting Party that it is qualified to fulfill the conditions prescribed by the laws and regulations normally and reasonably applied by this Contracting Party to the operation of international air services in conformity with the provisions of the Convention.

(5) Each Contracting Party shall have the right to refuse to grant the operating authorizations 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 2 of the present Agreement, in any case where the said Contracting Party is not satisfied that substantial ownership and effective control of that airline are vested in the Contracting Party designating the airline or in its nationals.

(6) When an airline has been so designated and authorized, it may at any time begin to operate the agreed services, provided that a tariff, established in accordance with the provisions of Article 11 of the present Agreement, is in force and an agreement in accordance with the provisions of Article 5 of the present Agreement has been reached in respect of that service.

(1) Each Contracting Party shall have the right to suspend the exercise of the rights specified in Article 2 of the present Agreement by the airline(s) designated by the other Contracting Party, or to revoke the operating authorization, or to impose such conditions as it may deem necessary on the exercise of these rights:

(a) in any case where it is not satisfied that substantial ownership and effective control of said airline(s) are vested in the Contracting Party designating the airline(s) or in its nationals, or

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

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

(2) Unless immediate suspension, revocation 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 consultations with the other Contracting Party.

In such a case consultations shall begin within a period of sixty (60) days from the date of request made by either Contracting Party for consultations.

The capacity to be operated on the agreed scheduled air services shall be subject to the following conditions:

(1) There shall be fair and equal opportunity for the designated airline(s) of both Contracting Parties to operate the agreed services on the specified routes.

(2) In operating the agreed services, the airline(s) of each Contracting Party shall take into account the interests of the airlines(s) 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 airline(s) of the 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 carry the current and reasonably anticipated requirements for the carriage of passengers, cargo and mail between the territory of the Contracting Party designating the airline(s) and the countries of ultimate destination of the traffic.

(4) Provisions for the carriage of passengers, cargo and mail both taken up and put down at points on the specified routes in the territories of States other than that designating the airline(s), shall be made in accordance with the general principle that capacity shall be related to:

(a) traffic requirements between the country of origin and the countries of destination;

(b) traffic requirements of the area through which the airline(s) pass(es), after taking account of local and regional services established by airlines of the States comprising the area; and

(c) the requirements of through airline-operations.

(5) The schedules of the agreed services shall be submitted for approval to the aeronautical authorities of both Contracting Parties at least thirty (30) days before the proposed date of their introduction. In special cases, this time limit may be reduced subject to the consent of the said authorities.

(6) The schedules established for one season in accordance with the provisions of this Article shall remain in force for corresponding seasons until new schedules have been established in accordance with the provisions of this Article.

(1) 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.

(2) Each Contracting Party reserves the right, however, to refuse to recognize, for the purpose of flights above its own territory, certificates of competency and licences granted to its own nationals or rendered valid by another State.

(1) Aircraft operated on international services by the airline(s) designated by each Contracting Party, as well as their regular equipment, supplies of fuel and lubricants and the aircraft stores (including food, beverages and tobacco) on board such aircraft shall be exempt from all customs duties, inspection fees and other duties or taxes on arriving in the territory of the other Contracting Party, provided such equipment and supplies remain on board the aircraft up to such time as they are re-exported.

(2) There shall also be exempt from the same duties and taxes with the exception of charges corresponding to the service performed:

(a) aircraft stores taken on board in the territory of either Contracting Party, within limits fixed by the authorities of said Contracting Party, and for use on board the aircraft engaged on a specified route of the other Contracting Party;

(b) spare parts entered into the territory of either Contracting Party for the maintenance or repair of aircraft used on a specified route by the designated airline(s) of the other Contracting Party;

(c) fuel and lubricants destined to supply aircraft operated on a specified route by the designated airline(s) of the other Contracting Party, even if these supplies are to be used on the part of the journey performed over the territory of the Contracting Party in which they are taken on board.

Materials referred to in sub-paragraphs a), b) and c) above may be required to be kept under customs supervision or control.

(3) The regular airborne equipment, as well as the materials and supplies retained on board the aircraft of either Contracting Party may be unloaded in the territory of the other Contracting Party only with the approval of the customs authorities of that Contracting Party. In each case, they may be placed under the supervision of said authorities up to such time as they are re-exported or otherwise disposed of in accordance with customs regulations.

(4) There shall also be exempt from all customs duties and/or taxes on a reciprocal basis items and goods imported into the territory of either Contracting Party for the exclusive use by the designated airline(s) of the other Contracting Party for the purposes of establishing a representation as well as carrying out commercial and operational activities connected with air transport.

(1) Profits from the operation of aircraft in international traffic shall be taxable only in the territory of the Contracting Party in which the place of effective management of the Enterprise is situated.

(2) Capital represented by aircraft operated in international traffic and by movable property pertaining to the operation of such aircraft shall be taxable only in the territory of the Contracting Party in which the place of effective management of the enterprise is situated.

(3) Where a special Agreement for the avoidance of double taxation with respect to taxes on income and on capital exists between the Contracting Parties, the provisions of the latter shall prevail.

(1) Passengers, baggage, cargo and mail in direct transit across the territory of either Contracting Party and not leaving the area of the airport reserved for such purpose shall, except in respect of security measures against violence and air piracy as well as smuggling of narcotic drugs, be subject to no more than a simplified control.

(2) Baggage, cargo and mail in direct transit shall be exempt from customs duties and other similar taxes.

(1) Consistent with their rights and obligations under international law, the Contracting Parties reaffirm their obligation to each other to protect the security of civil aviation against acts of unlawful interference. Without limiting the generality of their rights and obligations under international law the Contracting Parties shall, in particular, act in conformity with the provisions of the Convention on Offences and Certain Other Acts Commit ted on Board Aircraft 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 the Suppression of Unlawful Acts against the Safety of Civil Aviation signed at Montreal on 23 September 1971 or of any other Aviation Security Conventions to which the two parties may adhere.

(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, in their mutual relations, act in conformity with the aviation security provisions established by the International Civil Aviation Organisation and designated as Annexes to the Convention on International Civil Aviation to the extent that such security provisions are applicable to the Contracting Parties; they shall require that operators of aircraft of their registry or operators of aircraft who have their principal place of business or permanent residence in their territory and the operators of airport in their territory act in conformity with such aviation Security provisions.

(4) Each Contracting Party agrees that such operators of aircraft may be required to observe the aviation security provisions referred to in paragraph 3 above 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 ensure that adequate measures are effectively applied within its territory to protect the aircraft and to inspect passengers, crew, carry-on items, baggage, cargo and aircraft stores prior to and during boarding or loading. Each Contracting Party shall also give sympathetic consideration to any request from the other Contracting Party for reasonable special security measures to meet a particular threat.

(5) When an incident or threat of an incident of unlawful seizure of civil aircraft or other unlawful acts against the safety of such aircraft, their passengers and crew, airports or 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.

(6) Should a Contracting Party depart from the aviation security provisions of this Article, the aeronautical authorities of the other Contracting Party, may request immediate consultations with the aeronautical authorities of that Party.

(1) The tariffs to be charged by the airline(s) of one Contracting Party for the 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 characteristics of service, such as standards of speed and accommodation.

(2) The tariffs referred to in paragraph 1 of this Article shall be agreed upon by the designated airline(s) of both Contracting Parties.

(3) Agreements according to paragraph 2 above may, if possible, be reached through the rate-fixing machinery of the International Air Transport Association.

(4) The tariffs so agreed upon shall be submitted for approval to the aeronautical authorities of the Contracting Parties at least thirty (30) days before the proposed date of their introduction; in special cases this time limit may be reduced, subject to the consent of the said authorities.

(5) If the designated airlines cannot agree on any of these tariffs, or if for some other reasons a tariff cannot be fixed in accordance with paragraph 2 of this Article, or if during the first fifteen (15) days of the thirty (30) days' period referred to in paragraph 4 of this Article, the aeronautical authorities of one Contracting Party give the aeronautical authorities of the other Contracting Party notice of their dissatisfaction with any tariff agreed upon in accordance with the provisions of paragraph 2 of this Article, the aeronautical authorities of the Contracting Parties shall endeavour to agree upon the tariffs.

(6) If the aeronautical authorities cannot agree on the approval of any tariff submitted to them under paragraph 4 above or on the determination of any tariff under paragraph 5, the Contracting Parties shall endeavour to agree upon the tariffs.

(7) No tariff shall come into force unless the aeronautical authorities of either Contracting Party have approved of it.

(8) The tariffs established in accordance with the provisions of this Article shall remain in force until new tariffs have been established in accordance with the provisions of this Article.

Each designated airline shall have the right to convert and remit to its country at the official rate of exchange, receipts in excess of sums locally disbursed in due proportion to the carriage of passengers, baggage, cargo and mail. If payments between the Contracting Parties are regulated by a special agreement, this special agreement shall apply.

(1) The designated airline(s) of each Contracting Party shall have an equal opportunity to employ, subject to the laws and regulations of the other Contracting Party, the technical and commercial personnel for the performance of the agreed services on the specified routes and to establish and operate offices in the territory of the other Contracting Party.

(2) The designated airline(s) of each Contracting Party shall further have an equal opportunity to issue all kinds of documents of carriage and to advertise and promote sales in the territory of the other Contracting Party.

The aeronautical authorities of both Contracting Parties shall supply each other, on request, with statistics or other similar information relating to the traffic carried on the agreed services.

(1) In a spirit of close co-operation, 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 the present Agreement and the Annex thereto.

(2) If either of the Contracting Parties considers it desirable to modify any provision of the present Agreement, it may request consultations with the other Contracting Party. Such consultations (which may be prepared by discussions between the aeronautical authorities), shall begin within a period of sixty (60) days of the date of request, unless both Contracting Parties agree to an extension of this period. Modifications so agreed upon shall be approved by each Contracting Party in accordance with its constitutional procedures.

(3) Modifications to the Annex shall be agreed upon between the aeronautical authorities of the Contracting Parties.

(1) If any dispute arises between the Contracting Parties relating to the interpretation or application of the present 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 negotiations, they may agree to refer 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. Each of 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 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 be requested by either Contracting Party to appoint an arbitrator or arbitrators as the case requires. In any case, the third arbitrator shall be a national of a third State and shall act as president of the arbitral body.

(3) The Contracting Parties undertake to comply with any decisions given under paragraph 2 of the Article.

(4) If and for so long as either Contracting Party fails to comply with a decision given under paragraph 2 of this Article, the other Contracting Party may limit, suspend or revoke any rights or privileges which it has granted by virtue of this Agreement to the Contracting Party in default.

(5) Each Contracting Party shall bear the expenses and remuneration necessary for its arbitrator; the fee for the third arbitrator and the expenses necessary for this one as well as those due to the activity of the arbitration shall be equally shared by the Contracting Parties.

(1) Either Contracting Party may at any time give written notice through diplomatic channels to the other Contracting Party of its decision to terminate the present Agreement; such notice shall be simultaneously communicated to the Council of the International Civil Aviation Organization and, if so desired by one of the Contracting Parties, the Secretariat of the United Nations.

(2) In such case the Agreement shall terminate at the end of the time table period during which twelve (12) months after the date of receipt of the notice by the other Contracting Party have elapsed, unless the notice to terminate is withdrawn by agreement before the expiry 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 and all amendments thereto shall be registered with the Council of the International Civil Aviation Organization and, if so desired by one of the Contracting Parties, to the Secretariat of the United Nations.

This Agreement shall enter into force on the first day of the second month, following the date on which the two Contracting Parties have notified each other in an exchange of diplomatic notes that the requirements for its entry into force under their respective constitutional procedures have been fulfilled.

In witness whereof the undersigned Plenipotentiaries, being duly authorized thereto by their respective Governments, have signed the present Agreement.

Done in duplicate at Ljubljana this 6 day of November 1992 in the Slovenian, German and English languages, each version being equally authentic.

In case of dispute the English version shall prevail.