Zakon o ratifikaciji Sporazuma med Vlado Republike Slovenije in Vlado Malte o zračnem prometu med njunima ozemljema in zunaj njunih ozemelj (BMTZP)

The Government of the Republic of Slovenia and the Government of Malta (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, l944 and
    Desiring to conclude an Agreement for the purpose of establishing air services between and beyond their respective territories,
    Have agreed as follows:

Article1

DEFINITIONS

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, l944 and includes any Annex adopted under Article 90 of that Convention and any amendment of the Annexes or Convention under Articles 90 and 94 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 Communications, Civil Aviation Authority, and any person or body authorised to perform any functions at present exercised or which may be exercised in the future by the said Authority or similar functions; and in the case of Malta, the Minister responsible for Civil Aviation and any person or body authorised to perform any function at present exercised or which may be exercised in the future by the said Minister or similar functions;
    c) the term “designated airline” means any airline which one Contracting Party has designated, by written notification to the other Contracting Party, for the operation of air services on the routes specified in the Annex of this Agreement, and to which the appropriate operating authorisation has been given by that other Contracting Party, in accordance with Article 3 of this Agreement.
    d) the term “territory” in relation to a State means the land areas and territorial waters adjacent thereto under the sovereignty, protection or trusteeship of that State and
    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 “capacity” in relation to an aircraft means the payload of that aircraft available on a route or section of a route;
    g) the term “capacity” in relation to an agreed service means the capacity of the aircraft used on such service multiplied by the frequency operated by such aircraft over a given period and route or section of a route;
    h) the term “carriage of traffic” means carriage of passengers, cargo and mail; and
    i) the term “tariff” means any amount charged or to be charged by airlines, directly or through their agents, to any person or entity for the carriage of passengers (and their baggage) and cargo (excluding mail) in air transportation, including:

(i) the conditions governing the availability and applicability of a tariff, and
 (ii) the charges and conditions for any services ancillary to such carriage which are offered by airlines.

j) the term “Annex” means the Annex to this Agreement or as amended in accordance with the provisions of Article l6 of this Agreement. The Annex forms an integral part of this Agreement, and all references to the Agreement shall include references to the Annex except where otherwise explicitly provided.

Article 2

TRAFFIC RIGHTS

(1) 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 appropriate Part of the Annex to this Agreement. Such services and routes are hereafter called “the agreed services” and “the specified routes” respectively. The airline designated by each Contracting Party shall enjoy, while operating an agreed service on a specified route, the following rights:
    (a) to fly without landing across the territory of the other Contracting Party;
    (b) to make stops in the said territory for non-traffic purposes; and
    (c) to make stops in the said territory at the points specified for that route in the Annex to this Agreement for the purpose of putting down and taking up international traffic in passengers, cargo and mail.
    (2) Nothing in paragraph (l) of this Article shall be deemed to confer on the airlines of one Contracting Party, the privilege of taking up, in the territory of the other Contracting Party, passengers, cargo or mail carried for remuneration or hire and destined for another point in the territory of that other Contracting Party.

Article 3

DESIGNATION OF AIRLINES

(l) Each Contracting Party shall have the right to designate in writing to the other Contracting Party one or more airline(s) for the purpose of operating the agreed services on the specified routes.
    (2) On receipt of such designation, the aeronautical authorities of the other Contracting Party shall, subject to the provisions of paragraphs (3) and (4) of this Article, without delay grant to the airline designated the appropriate operating authorisation.
    (3) The aeronautical authorities of one Contracting Party may require an 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 conformity with the provisions of the Convention.
    (4) The aeronautical authorities of 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 they may deem necessary on the exercise by a designated airline of the rights specified in Article 2 of this Agreement, in any case where the said aeronautical authorities are not satisfied that substantial ownership and effective control of that airline are vested in the Contracting Party designating the airline or in its nationals.
    (5) When an airline has been so designated and authorised, it may begin at any time to operate the agreed services, provided that the capacity is regulated under Article 9 of this Agreement and that tariffs established in accordance with the provisions of Article l0 of this Agreement are in force in respect of that service.
    (6) Each Contracting Party shall have the right, by written notification to the other Contracting Party, to withdraw the designation of an airline and to substitute therefor the designation of another airline.

Article 4

REVOCATION AND SUSPENSION OF RIGHTS

(1) The aeronautical authorities of each Contracting Party shall have the right to revoke an operating authorisation or to suspend the exercise of the rights specified in Article 2 of this Agreement by an airline designated by the other Contracting Party, or to impose such conditions as they may deem necessary on the exercise of these rights:
    (a) in any case where they are not satisfied that substantial ownership and effective control of that airline are vested in the Contracting Party designating the airline or in nationals of such Contracting Party, or
    (b) in the case of failure by that airline to comply with the laws or regulations of the Contracting Party granting these rights, or
    (c) in case the airline otherwise fails to operate the agreed services in accordance with the conditions prescribed under this Agreement.
    (2) Unless immediate revocation, suspension or imposition of the conditions mentioned in paragraph (l) 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.

Article 5

CUSTOMS DUTIES AND OTHER SIMILAR CHARGES

(l) Aircraft operated on international services by the designated airline of either Contracting Party, as well as their regular equipment, spare parts, supplies of fuels and lubricants and aircraft stores (including food, beverages and tobacco) on board such aircraft shall be exempt from all customs duties, inspection fees and other charges or taxes on arriving in the territory of the other Contracting Party, in accordance with the provisions of the laws and regulations in force of each 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, fees and charges, in accordance with the provisions of the laws and regulations in force of each Contracting Party, with the exception of charges corresponding to the service performed;
    (a) aircraft stores taken on board in the territory of either Contracting Party, within the limits fixed by the competent authorities of the said Contracting Party, and intended for use on board aircraft engaged in the agreed services of the other Contracting Party;
    (b) spare parts brought into the territory of either Contracting Party for the maintenance or repair of aircraft used on the agreed services by the designated airline of the other Contracting Party;
    (c) fuel and lubricants destined to supply aircraft operated on the agreed services by the designated airline of the other Contracting Party, even when those 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 subparagraphs (a), (b) and (c) of this paragraph may be required to be kept under customs supervision or control.
    (3) Regular airborne equipment, spare parts, supplies of fuels and lubricants and aircraft stores 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, who may require that these materials be placed under their supervision up to such time as they are re-exported or otherwise disposed of in accordance with customs regulations.

Article 6

APPLICABILITY OF LAWS AND REGULATIONS

(l) 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 entrance into, and until and including departure from, the said territory.
    (2) The laws, regulations and procedures of either Contracting Party relating to immigration, passports, or other approved travel documents, entry, customs clearance and quarantine shall be complied with by or on behalf of crews, passengers, cargo and mail carried by aircraft of the designated airline of the other Contracting Party upon entrance into the territory of the said Contracting Party.
    (3) Passengers, baggage and cargo 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, be subject to no more than a simplified control. Baggage and cargo in direct transit shall be exempt from customs duties and other similar taxes.
    (4) Each Contracting Party may impose or permit to be imposed on the designated airlines of the other Contracting Party just and reasonable charges. These charges shall be based on sound economic principles. Charges for the use of airport and air navigation facilities and services offered by one Contracting Party to the designated airlines of the other Contracting Party shall not be higher than those which have to be paid by national aircraft operating on scheduled international services.
    (5) Neither of the Contracting Parties shall give preference to any other airline over a designated airline of the other Contracting Party in the application of its customs, immigration, quarantine, and similar regulations; or in the use of airports, airways and air traffic services and associated facilities under its control.

Article 7

RECOGNITION OF CERTIFICATES AND LICENCES

(1) Certificates of airworthiness, certificates of competency and licences issued, or validated, by one Contracting Party and unexpired shall be recognized as valid by the other Contracting Party for the purpose of operating the agreed services on the specified routes, provided always that such certificates or licences were issued, or validated, in conformity with the standards established under the Convention.
    (2) Each Contracting Party, however, reserves the right to refuse to recognize, for flights above its own territory, certificates of competency and licences granted to its own nationals by the other Contracting Party.

Article 8

ESTABLISHMENT OF AIRLINE REPRESENTATIVE OFFICES

The designated airlines of both Contracting Parties shall be allowed, on the basis of the principle of reciprocity:
    (a) to establish in the territory of the other Contracting Party offices for the promotion of air transportation and sale of air tickets as well as other facilities required for the provision of air transportation;
    (b) to bring in and maintain in the territory of the other Contracting Party, in accordance with the laws and regulations of that other Contracting Party relating to entry, residence and employment, managerial, sales, technical, operational and other specialist staff required for the provision of air transportation, and
    (c) in the territory of the other Contracting Party to engage directly and, at that airline’s discretion, through its agents in the sale of air transportation.

Article 9

CAPACITY REGULATIONS

(l) There shall be fair and equal opportunity for the designated airlines of both Contracting Parties to operate the agreed services on the specified routes between their respective territories.
    (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 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, at a reasonably load factor, of capacity adequate to carry the current and reasonably anticipated requirements for the carriage of passengers, cargo and mail originating from or destined for the territory of the Contracting Party which has designated the airline. Provision of capacity 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 shall be made in accordance with the general principles that capacity shall be related to:
    (a) traffic requirements to and from the territory of the Contracting Party which has designated the airline;
    (b) traffic requirements of the area through which the airline passes, after taking account of other transport services established by airlines of the States comprising the area; and
    (c) the requirements of through airline operation.
    (4) 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.

Article 10

TARIFFS

(l) The tariffs on any agreed services shall be established at reasonable levels, due regard being paid to all relevant factors including cost of operation, reasonable profit, characteristics of service such as standards of speed and accommodation, and the tariffs of other airlines for any part of the specified routes.
    (2) The tariffs shall be fixed in accordance with the following provisions:
    (a) The tariffs referred to in paragraph (1) of this Article, together with the rates of agency commission used in conjunction with them shall, if possible, be agreed in respect of each of the specified routes and sectors thereof between the designated airlines concerned, and such agreement shall, where possible, be reached through the rate fixing machinery of the International Air Transport Association.
    (b) The tariffs so agreed shall be submitted for the approval of the aeronautical authorities of both Contracting Parties at least thirty (30) days before the proposed date of their introduction. In special cases, this period may be reduced, subject to the agreement of the said authorities.
    (c) This approval may be given expressly: If neither of the aeronautical authorities has expressed disapproval within fifteen (15) days from the date of submission, in accordance with paragraph (2)(b) of this Article, these tariffs shall be considered as approved. In the event of the period for submission being reduced, as provided for in paragraph (2)(b) of this Article, the aeronautical authorities may agree that the period within which any disapproval must be notified shall be less than fifteen (15) days.
    (d) If a tariff cannot be agreed upon in accordance with the provisions of paragraph (2)(a) of this Article, or if during the period applicable in accordance with paragraph (2)(c) 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)(c) of this Article, the aeronautical authorities of the two Contracting Parties shall try to determine the tariff by mutual agreement. Such negotiations shall begin within thirty days from the date when it becomes obvious that the designated airlines cannot agree upon a tariff or the aeronautical authorities of one Contracting Party have notified to the aeronautical authorities of the other Contracting Party their disapproval of a tariff.
    (e) If the aeronautical authorities cannot agree on any tariff submitted to them under paragraph (2)(b) of this Article, or on the determination of any tariff under paragraph (2)(d) of this Article, the dispute shall be settled in accordance with the provisions of Article l4 of this Agreement.
    (f) A tariff established in accordance with the provisions of this Article shall remain in force until a new tariff has been established.
    (3) The aeronautical authorities of each Contracting Party shall exercise their best efforts to ensure that the designated airlines conform to the agreed tariffs filed with the aeronautical authorities of the Contracting Parties.

Article 11

TRANSFER OF REVENUES

Each Contracting Party grants to the designated airline of the other Contracting Party the right of free transfer in any freely convertible currencies in accordance with the foreign exchange regulations in force, of the excess of receipts over expenditure earned by that airline in its territory in connection with the carriage of passengers, mail and cargo. If payments between the Contracting Parties are regulated by a special agreement, this special agreement shall apply.

Article 12

APPROVAL OF SERVICES AND PROVISION OF STATISTICS

(1) The designated airline of each Contracting Party shall submit for approval to the aeronautical authorities of the other Contracting Party not later than thirty (30) days prior to the inauguration of services on the specified routes the types of aircraft to be used and the flight schedules. This shall likewise apply to later changes.
    (2) For supplementary flights which a designated airline of one Contracting Party wishes to operate on the agreed services outside the approved time-table it has to request prior permission from the aeronautical authorities of the other Contracting Party. Such request shall usually be submitted at least two working days before operating such flights.
    (3) The aeronautical authorities of a Contracting Party shall supply to the aeronautical authorities of the other Contracting Party at their request such periodic or other statement of statistics as may be reasonably required for the purpose of reviewing the capacity provided on the agreed services by the designated airline of the Contracting Party referred to in paragraph (l) of this Article. Such statement shall include all information required to determine the amount of traffic carried by that airline on the agreed services and the points of embarkation and disembarkation of such traffic.

Article 13

CONSULTATION

(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 this Agreement and its Annex and shall also consult when necessary to provide for modification thereof.
    (2) Either Contracting Party may request consultation, which may be through discussion or by correspondence and shall begin within a period of sixty (60) days of the date of the request, unless both Contracting Parties otherwise agree.

Article 14

SETTLEMENT OF DISPUTES

(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 endeavor to settle it by negotiation.
    (2) If the Contracting Parties fail to reach a settlement by negotiation, 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 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 Organisation at the request of either Contracting Party may appoint an arbitrator or arbitrators as the case requires. If the President of the Council of the ICAO is a national of either Contracting Party, the Vice-President of that Council, who is a national of a third state, may be requested to nominate the arbitrators. The third arbitrator shall be a national of a third State and shall act as President of the arbitral tribunal.
    (3) The arbitral tribunal shall determine its own procedure and decide on the distribution of the cost of the proceedings.
    (4) The Contracting Parties shall comply with any decision given under paragraph (2) of this Article.
    (5) If and so long as either Contracting Party or a designated airline of either Contracting Party fails to comply with the requirements of paragraph (4) of this Article, the other Contracting Party may limit or revoke any right which it has granted by virtue of this Agreement.

Article 15

AVIATION SECURITY

(1) Consistent with their rights and obligations under international law, the Contracting Parties reaffirm that their obligation to each other to protect the security of civil aviation against acts of unlawful interference forms an integral part of this Agreement. 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 Committed on Board Aircraft, signed at Tokyo on l4 September l963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on l6 December l970, the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 September 1971, and the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, signed at Montreal on 24 February 1988 or any other convention on aviation security to which both Contracting Parties shall become members.
    (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; and 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 territories and the operators of airports in their territories 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) of this Article 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.

Article 16

AMENDMENT

(l) If either Contracting Party considers it desirable to amend any provisions of this Agreement, it may at any time request consultation with the other Contracting Party. Such consultation may be through discussions or by correspondence, and shall begin within a period of sixty (60) days from the date of receipt of the request. Any amendments so agreed shall come into force when they have been confirmed by an exchange of diplomatic notes.
    (2) Amendments of the Annex may be made by direct agreement between the aeronautical authorities of the Contracting Parties and confirmed by an exchange of diplomatic notes.
    (3) This Agreement and its Annex shall be deemed to be amended without further agreement as may be necessary to conform with any multilateral Convention or Agreement which may become binding on both Contracting Parties.

Article 17

TERMINATION

Either Contracting Party may at any time give notice to the other Contracting Party of its decision to terminate this Agreement; such notice shall be simultaneously communicated to the International Civil Aviation Organisation. In such case the Agreement shall terminate at the end of the first IATA time-table period occurring after 12 months from the date of receipt of the notice by the other Contracting Party, unless the notice to terminate is withdrawn by agreement before the expiry of this period. In the absence of acknowledgment of the 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 Organisation.

Article 18

REGISTRATION

This Agreement and any amendment thereto shall be registered with the International Civil Aviation Organisation.

Article 19

ENTRY INTO FORCE

This Agreement shall enter into force on the date when both Contracting Parties, through diplomatic channels, notify each other that they have completed internal legal procedures necessary for its entry into force.
    IN WITNESS WHEREOF, the undersigned, being duly authorised by their respective Governments have signed this Agreement.
    Done at Ljubljana on this 20th day of March 1996 in the English language.

A N N E X

SECTION A

Routes to be operated in both directions by the designated airline of Slovenia:

Points of Origin:        SLOVENIA
Intermediate Points:     to be specified later
Points of Destination:   MALTA
Beyond Points:           to be specified later

SECTION B

Routes to be operated in both directions by the designated airline of Malta:

Points of Origin:        MALTA
Intermediate Points:     to be specified later
Points of Destination:   SLOVENIA
Beyond Points:           to be specified later

NOTES
    1 The designated airline of both Contracting Parties may, on all or any flights, omit calling at any of the above points provided that the agreed services on the route begin at the point of origin in the respective territories.
    2 The intermediate points, beyond points and the exercise of 5th freedom traffic rights (both to and from intermediate points and to and from points beyond) shall be subject to the approval of the aeronautical authorities of the two Contracting Parties.
    3 The agreed services will be operated only between international airports in the territory of each Contracting Party.