View Treaty - E105277
Agreement between the Government of Canada and the Government of the Republic of Serbia on Air Transport
The Government of Canada and the Government of the Republic of Serbia (hereinafter jointly referred to as the “Contracting Parties”),
Being parties to the Convention on International Civil Aviation opened for signature at Chicago, on the 7th day of December 1944;
Desiring to ensure the highest degree of safety and security in international air transportation;
Recognizing the importance of international air transportation in promoting trade, tourism and investment;
Desiring to promote their interests in respect of international air transportation; and
Desiring to conclude an agreement on air transport, supplementary to the said Convention;
Have agreed as follows:
Article 1
Definitions
For the purpose of this Agreement, unless otherwise stated:
“aeronautical authorities” means, in the case of Canada, the Minister of Transport of Canada and the Canadian Transportation Agency, and, in the case of the Republic of Serbia, the Civil Aviation Directorate, or, in both cases, any other authority or person empowered to perform the functions exercised by the said authorities;
“agreed services” means scheduled air services on the routes specified in this Agreement for the transport of passengers and cargo, including mail, separately or in combination;
“Agreement” means this Agreement, any Annex attached thereto, and any amendment to the Agreement or to any Annex;
“air service”, “international air service”, and “airline” have the meaning respectively assigned to them in Article 96 of the Convention;
“Convention” means the Convention on International Civil Aviation opened for signature at Chicago on the 7th day of December 1944, and includes any Annex adopted under Article 90 of that Convention and any amendment of the Convention or its Annexes under Articles 90 and 94 adopted by both Contracting Parties;
“designated airline” means an airline which has been designated and authorized in accordance with Article 3;
“territory” has the meaning assigned to it in Article 2 of the Convention.
Article 2
Grant of rights
1. Each Contracting Party shall grant to the other Contracting Party the following rights for the conduct of international air services by the airline or airlines designated by that other Contracting Party:
(a) the right to fly without landing across its territory;
(b) the right to land in its territory for non-traffic purposes; and
(c) to the extent permitted in this Agreement, the right to make stops in its territory on the routes specified in this Agreement for the purpose of taking up and discharging international traffic in passengers and cargo, including mail, separately or in combination.
2. The airlines of each Contracting Party, other than those designated under Article 3, shall also enjoy the rights specified in subparagraphs 1(a) and (b) of this Article.
3. Nothing in paragraph 1 shall be deemed to confer on a designated airline of one Contracting Party the right to take up, in the territory of the other Contracting Party, passengers and cargo, including mail, carried for remuneration or hire and destined for another point in the territory of that other Contracting Party.
Article 3
Designation and authorization of airlines
1. Each Contracting Party shall have the right to designate, by diplomatic note, an airline or airlines to operate the agreed services on the routes specified in this Agreement for that Contracting Party and to withdraw a designation or to substitute another airline for one previously designated.
2. Following receipt of a notice of designation or of substitution pursuant to paragraph 1 of this Article, the aeronautical authorities of the other Contracting Party shall, consistent with the laws and regulations of that Contracting Party, issue without delay to the airline or airlines so designated the required authorizations to operate the agreed services for which that airline has been designated.
3. The designated airline may begin to operate all or part of the agreed services at any time after it receives the authorizations provided that it complies with the provisions of this Agreement.
Article 4
Witholding, revocation, suspension and limitation of authorization
1. The aeronautical authorities of each Contracting Party shall have the right to withhold the authorizations referred to in Article 3 of this Agreement with respect to an airline designated by the other Contracting Party, and to revoke, suspend or impose conditions on such authorizations, temporarily or permanently:
(a) in the event of failure by such airline to qualify under the laws and regulations normally applied by the aeronautical authorities of the Contracting Party granting the rights;
(b) in the event of failure by such airline to comply with the laws and regulations of the Contracting Party granting the rights;
(c) in the event that they 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; and
(d) in the event the airline otherwise fails to operate in accordance with the conditions prescribed under this Agreement.
2. Unless immediate action is essential to prevent infringement of the laws and regulations referred to above or unless safety or security requires action in accordance with the provisions of Articles 6 and 7, the rights enumerated in paragraph 1 of this Article shall be exercised only after consultations between the aeronautical authorities of the Contracting Parties in conformity with Article 17 of this Agreement.
Article 5
Application of lawsand regulations
1. The laws, regulations and procedures of a 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 airline or airlines of the other Contracting Party on entrance into, departure from and while within that territory.
2. The laws and regulations of a Contracting Party, relating to the admission to, remaining in, or departure from its territory of passengers, crew members and cargo, including mail (such as regulations relating to entry, clearance, transit, aviation security, immigration, passports, customs and quarantine) shall be complied with by the designated airline or airlines of the other Contracting Party and by or on behalf of passengers, crew members and cargo, including mail, upon transit of, admission to, departure from and while within that territory.
3. In the application of its laws and regulations, a Contracting Party shall, under similar circumstances, accord to the designated airline or airlines of the other Contracting Party treatment no less favourable than that accorded to its own or any other airline engaged in similar international air services.
Article 6
Aviation safety
1. Certificates of airworthiness, certificates of competency and licences, issued or rendered valid by the aeronautical authorities of one Contracting Party and still in force, shall be recognized as valid by the aeronautical authorities of the other Contracting Party for the purpose of operating the agreed services provided that such certificates or licences were issued or rendered valid pursuant to, and in conformity with, the standards established under the Convention. The aeronautical authorities of each Contracting Party reserve 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 by the other Contracting Party.
2. If the privileges or conditions of the certificates or licences referred to in paragraph 1 above, issued by the aeronautical authorities of one Contracting Party to any person or designated airline or in respect of an aircraft used in the operation of the agreed services, should permit a difference from the minimum standards established under the Convention, and which difference has been filed with the International Civil Aviation Organization, the other Contracting Party may request consultations between the aeronautical authorities of the Contracting Parties in conformity with Article 17 of this Agreement with a view to clarifying the practice in question.
3. Consultations concerning the safety standards and requirements maintained and administered by the aeronautical authorities of the other Contracting Party relating to aeronautical facilities, crew members, aircraft, and operation of the designated airlines shall be held within fifteen (15) days of receipt of a request from either Contracting Party, or such other period as may be jointly determined by the Contracting Parties. If, following such consultations, the aeronautical authorities of one Contracting Party find that the aeronautical authorities of the other Contracting Party do not effectively maintain and administer safety standards and requirements in these areas that are at least equal to the minimum standards established pursuant to the Convention, the aeronautical authorities of the other Contracting Party shall be notified through a notification between the Contracting Parties of such findings and the steps considered necessary to conform with these minimum standards. Failure to take appropriate corrective action within fifteen (15) days, or such other period as may be jointly determined by the Contracting Parties, shall constitute grounds for the first Contracting Party to withhold, revoke, suspend or impose conditions on the authorizations of the airline or airlines designated by the other Contracting Party.
4. Pursuant to Article 16 of the Convention, any aircraft operated by, or on behalf of, the airline or airlines of one Contracting Party, may, while within the territory of the other Contracting Party, be the subject of an examination by the aeronautical authorities of the other Contracting Party, on board and around the aircraft to verify the validity of the relevant aircraft documents and those of its crew members and the apparent condition of the aircraft and its equipment (in this Article called “ramp inspection”), provided such ramp inspection does not cause an unreasonable delay in the operation of the aircraft.
5. If the aeronautical authorities of one Contracting Party, after carrying out a ramp inspection, find that:
(a) an aircraft or the operation of an aircraft does not comply with the minimum standards established at that time pursuant to the Convention; and/or
(b) there is a lack of effective maintenance and administration of safety standards established at that time pursuant to the Convention,
the aeronautical authorities of that Contracting Party may, for the purposes of Article 33 of the Convention and at their discretion, determine that the requirements under which the certificates or licences in respect of that aircraft or its crew members had been issued or rendered valid, or that the requirements under which that aircraft is operated, are not equal to or above the minimum standards established pursuant to the Convention. This same determination may be made in the case of denial of access for ramp inspection.
6. The aeronautical authorities of each Contracting Party shall have the right, without consultation, to withhold, revoke, suspend or impose conditions on the authorizations of an airline or airlines of the other Contracting Party in the event the aeronautical authorities of the first Contracting Party conclude that immediate action is essential to the safety of airline operations.
7. Any action by the aeronautical authorities of one Contracting Party in accordance with paragraphs 3 or 6 above shall be discontinued once the basis for the taking of that action ceases to exist.
Article 7
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.
2. 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, done at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, done at The Hague on 16 December 1970, the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, done at Montreal on 23September1971, and the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, done at Montreal on 24 February 1988 and any other multilateral agreement governing aviation security binding upon both Contracting Parties.
3. 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 members, airports and air navigation facilities, and any other threat to the security of civil aviation.
4. The Contracting Parties shall act in conformity with the aviation security provisions established by the International Civil Aviation Organization and designated as Annexes to the Convention to the extent that such security provisions are applicable to the Contracting Parties; they shall require that operators of aircraft of their registry, operators of aircraft 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. Accordingly, each Contracting Party shall advise the other Contracting Party of any difference between its national laws, regulations and practices and the aviation security standards of the Annexes referred to in this paragraph. Either Contracting Party may request immediate consultations with the other Contracting Party at any time to discuss any such differences.
5. Each Contracting Party confirms that its operators of aircraft may be required to observe the aviation security provisions referred to in paragraph 4 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 members, carry-on items, baggage, cargo, mail and aircraft stores prior to and during boarding and loading.
6. Each Contracting Party shall, as far as may be practicable, meet any request from the other Contracting Party for reasonable special security measures to meet a particular threat.
7. Each Contracting Party shall have the right, within sixty (60) days following notice (or such shorter period as may be decided between the aeronautical authorities), for its aeronautical authorities to conduct an assessment in the territory of the other Contracting Party of the security measures being carried out, or planned to be carried out, by aircraft operators in respect of flights arriving from, or departing to the territory of the first Contracting Party. The administrative arrangements for the conduct of such assessments shall be decided between the aeronautical authorities and implemented without delay so as to ensure that assessments are conducted expeditiously.
8. 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 members, of airports or air navigation facilities occurs, the Contracting Parties shall assist each other by facilitating communications and taking other appropriate measures intended to terminate rapidly and safely such incident or threat thereof.
9. When a Contracting Party has reasonable grounds to believe that the other Contracting Party has departed from the provisions of this Article, the first Contracting Party may request consultations. Such consultations shall start within fifteen (15) days of receipt of such a request from either Contracting Party. Failure to reach a satisfactory arrangement within fifteen (15) days from the start of consultations shall constitute grounds to withhold, revoke, suspend or impose conditions on the authorizations of the designated airline or airlines of the other Contracting Party. When justified by an emergency, or to prevent further non-compliance with the provisions of this Article, the first Contracting Party may take interim action at any time.
Article 8
Use of airports and aviation facilities and user charges
1. Each Contracting Party shall ensure that airports, airways, air traffic control and air navigation services, aviation security, and other related facilities and services provided in its territory are available for use by the airlines of the other Contracting Party on terms no less favourable than the most favourable terms available to any airline engaged in similar international air services when time arrangements for use are made.
2. Each Contracting Party shall ensure that the setting and collection of fees and charges imposed in its territory on an airline of the other Contracting Party for the use of airports, airways, air traffic control and air navigation services, aviation security, and other related facilities and services be just and reasonable. Any fees and charges shall be assessed on an airline of the other Contracting Party on terms no less favourable than the most favourable terms available to any airline engaged in similar international air services at the time the fees or charges are imposed.
3. Each Contracting Party shall encourage discussions between its competent charging authorities and the airlines using the services and facilities, or where practicable, through airlines' representative organizations. Each Contracting Party shall also encourage its competent charging authorities to give reasonable notice to users of any proposed change to user charges and enable them to express their views before changes are made.
Article 9
Capacity
1. Each Contracting Party shall give the designated airlines of both Contracting Parties fair and equal opportunity to operate the agreed services on the routes specified in this Agreement between their respective territories.
2. Each Contracting Party recognizes that its designated airline or airlines, in the operation of the agreed services, take into account the interests of the designated airline or airlines 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 airlines of the Contracting Parties shall bear a close relationship to the requirements of the public for air transportation on the routes specified in this Agreement and shall have as their primary objective the provision, at a reasonable load factor, of capacity adequate to carry the current and reasonably anticipated requirements for the carriage of passengers and cargo, including mail, coming from or destined for the territory of the Contracting Party which has designated the airline. Provision for the carriage of passengers and cargo, including mail, both taken on board and discharged 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 agreed service 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. Capacity to be provided on the agreed services in excess of the entitlements set out in this Agreement may from time to time be mutually determined by the designated airlines of the Contracting Parties, subject to the approval of the aeronautical authorities of both Contracting Parties. In the absence of consensus between the designated airlines, the aeronautical authorities of both Contracting Parties may consult each other and endeavour to reach consensus on capacity.
5. Increases to capacity established in accordance with the provisions of paragraph 4 of this Article shall not constitute a change in capacity entitlements. The Contracting Parties shall jointly determine any change to capacity entitlements.
Article 10
Statistics
1. The aeronautical authorities of each Contracting Party shall provide, or shall cause their designated airlines to provide, the aeronautical authorities of the other Contracting Party, upon request, periodic or other statements of statistics as may be reasonably required for the purposes of reviewing the operation of the agreed services, including statistics showing the initial origins and final destinations of the traffic.
2. The aeronautical authorities of both Contracting Parties shall maintain close contact with respect to the implementation of paragraph 1 of this Article including procedures for the provision of statistical information.
Article 11
Customs Duties and other charges
1. Each Contracting Party shall, to the fullest extent possible under its national laws and regulations, and on a basis of reciprocity, exempt the designated airline or airlines of the other Contracting Party from import restrictions, customs duties, excise taxes, inspection fees and other national duties and charges on aircraft, fuel, lubricating oils, consumable technical supplies, spare parts (including engines), regular aircraft equipment, aircraft stores (including liquor, tobacco and other products destined for sale to passengers in limited quantities during the flight) and other items intended for use or used solely in connection with the operation or servicing of aircraft of that airline, as well as printed ticket stock, air waybills, any printed material which bears the insignia of the company printed thereon and usual publicity material distributed without charge by that airline.
2. The exemptions granted by this Article shall apply to the items referred to in paragraph 1 of this Article:
(a) introduced into the territory of one Contracting Party by or on behalf of a designated airline of the other Contracting Party;
(b) retained on board aircraft of a designated airline of one Contracting Party upon arriving in or leaving the territory of the other Contracting Party; or
(c) taken on board aircraft of a designated airline of one Contracting Party in the territory of the other Contracting Party,
whether or not such items are used or consumed wholly within the territory of the Contracting Party granting the exemption, provided such items are not alienated in the territory of the said Contracting Party.
3. The regular airborne equipment, as well as the materials and supplies normally retained on board the aircraft of a designated airline 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 territory. In such case, they may be placed under the supervision of the said authorities up to such time as they are re-exported or otherwise disposed of in accordance with the Customs regulations of the other Contracting Party.
4. Baggage and cargo in direct transit across the territory of either Contracting Party shall be exempt from customs duties and other similar charges.
Article 12
Tariffs
1. For the purposes of this Article,
(a) “tariffs” means the prices to be paid for the carriage of passengers, baggage and cargo and the specific conditions under which those prices apply, including, to the extent required by national laws and regulations, prices and conditions for agency services and other auxiliary services performed by the carrier in connection with scheduled air services, but excluding remuneration and conditions for the carriage of mail and excluding general terms and conditions of carriage; and
(b) “match” means the continuation or introduction, on a timely basis, of an identical or similar (but not lower) tariff.
2. The Contracting Parties confirm that tariffs for carriage by the designated airline or airlines of one Contracting Party to or from the territory of the other Contracting Party shall be established at reasonable levels and consider all relevant factors, including the interests of users, cost of operation, characteristics of service, reasonable profit, tariffs of other airlines, and other commercial considerations in the marketplace.
3. The tariffs referred to in paragraph 2 may be developed individually or, at the option of the designated airline or airlines, through coordination with each other or with other airlines. A designated airline shall be responsible only to its own aeronautical authorities for the justification of its tariffs.
4. Each Contracting Party may require the filing with its aeronautical authorities by the designated airline or airlines of their tariffs for carriage between the territories of the Contracting Parties. Such filing, if required, shall be received by the aeronautical authorities at least one day before the proposed effective date. The Contracting Parties confirms that a designated airline that has established a tariff individually shall, at the time of filing, make the filed tariff accessible to other designated airlines.
5. If the aeronautical authorities of one Contracting Party are dissatisfied with an existing or proposed tariff for carriage between the territories of the Contracting Parties, they shall so notify the aeronautical authorities of the other Contracting Party and the designated airline or airlines concerned. The aeronautical authorities receiving the notice of dissatisfaction shall advise the other aeronautical authorities within ten (10) days of receipt of the notice, as to whether they also are dissatisfied with the tariff, in which case the tariff shall not come into effect or remain in effect.
6. Each Contracting Party may require a designated airline of the other Contracting Party to file tariffs for carriage between the territory of the Contracting Party and third countries. Such filing, if required, shall be received at least thirty (30) days before the proposed effective date unless a longer period of notice is required for the airlines operating third and fourth freedom services in that specific market, in which case the latter shall apply.
7. A tariff for carriage by a designated airline of one Contracting Party between the territory of the other Contracting Party and a third country shall not be lower than the lowest publicly available filed and accepted tariff for scheduled international air services by the airline or airlines of the other Contracting Party in that market, unless otherwise authorized by the aeronautical authorities of that other Contracting Party.
8. Each Contracting Party shall permit designated airlines of the other Contracting Party to match any publicly available filed and accepted tariff of the airline or airlines of the other Contracting Party on scheduled services between the territory of the other Contracting Party and any third country. The Contracting Parties also confirm that their aeronautical authorities may require designated airlines proposing the tariff to provide satisfactory evidence of the availability of the tariff being matched and of the consistency of matching with the requirements of this Article. A tariff introduced for matching purposes shall remain in effect only for the period of availability of the tariff being matched.
9. If within fifteen (15) days from the date of receipt of a tariff proposed by a designated airline of one Contracting Party for carriage between the other Contracting Party and a third country, the aeronautical authorities of the other Contracting Party have not notified the designated airline or airlines concerned of their dissatisfaction, such tariff shall be considered to be accepted or approved and shall be permitted to come into effect on the date proposed. Such acceptance or approval may subsequently be withdrawn on at least thirty (30) days’ notice to the designated airline or airlines concerned in the case of an agreed service and fifteen (15) days otherwise, and the tariff shall cease to be applied at the end of the applicable notice period.
10. The Contracting Parties confirm that aeronautical authorities may request discussions on tariffs at any time. Those discussions, which may be conducted orally or in writing, shall be held within fifteen (15) days of receipt of the request, unless otherwise mutually decided between the aeronautical authorities of the Contracting Parties. These aeronautical authorities shall cooperate in securing information necessary for consideration of a tariff. If consensus is reached as a result of discussions, the aeronautical authorities of the Contracting Parties shall put that consensus into effect.
11. Each Contracting Party may require the designated airline or airlines to file their respective general terms and conditions of carriage, that is, those terms and conditions which are broadly applicable to scheduled air services and not directly related to any tariff, with the aeronautical authorities at least thirty (30) days before the proposed effective date or such lesser period as may be accepted by the aeronautical authorities. Acceptance or approval of such terms and conditions shall be subject to national laws and regulations. The Contracting Parties confirm that aeronautical authorities of either Contracting Party may at any time withdraw such acceptance or approval upon not less than fifteen (15) days’ notice to the designated airline or airlines concerned and the term or condition shall cease to apply.
Article 13
Airline representatives, sales and transfer of funds
1. The designated airline or airlines of the other Contracting Party shall be allowed, on the basis of reciprocity, to bring into and to maintain in the territory of the other Contracting Party their representatives and commercial, operational and technical staff as required in connection with the operation of the agreed services.
2. These staff requirements may, at the option of the designated airline or airlines of one Contracting Party, be satisfied by its own personnel or by using the services of any other organization, company or airline operating in the territory of the other Contracting Party and authorized to perform these services for other airlines.
3. The representatives and staff shall be subject to the laws and regulations in force of the other Contracting Party, and consistent with such laws and regulations, each Contracting Party shall:
(a) on the basis of reciprocity and with the minimum of delay, process the necessary employment authorizations, visitor visas or other similar documents to the representatives and staff referred to in paragraph 1; and
(b) facilitate and expedite the processing of requests pertaining to the requirement of employment authorizations for personnel performing certain temporary duties not exceeding ninety (90) days.
4. Each Contracting Party shall permit the designated airlines of the other Contracting Party to engage in the sale of air transportation in its territory, directly and at the designated airline’s discretion, through its agents. The Contracting Parties further confirm that each designated airline shall also have the right to sell transportation in the currency of that territory and, at its discretion, in freely convertible currencies of other countries and any person shall be free to purchase such transportation in currencies accepted by that airline in accordance with national laws and regulations of that other Contracting Party and, in any case, on terms no less favourable than the most favourable terms available to any airline engaged in similar international air services.
5. Each designated airline shall have the right to convert and remit abroad, on demand, funds obtained in the normal course of its operations. Conversion and remittance shall be permitted without restrictions at the foreign exchange market rates for current payments prevailing at the time of submission of the request for transfer, and shall not be subject to any charges except normal service charges collected by banks for such transactions.
Article 14
Taxation
1. Profits or income from the operation of aircraft in international traffic derived by an airline of one Contracting Party, including participation in inter-airline commercial agreements or joint business ventures, shall be exempt from any tax on profits or income imposed by the other Contracting Party.
2. Capital and assets of an airline of one Contracting Party relating to the operation of aircraft in international traffic shall be exempt from all taxes on capital and assets imposed by the other Contracting Party.
3. Gains from the alienation of aircraft operated in international traffic and movable property pertaining to the operation of such aircraft which are received by an airline of one Contracting Party shall be exempt from any tax on gains imposed by the other Contracting Party.
4. In this Article,
(a) the term “profits or income” includes gross receipts and revenues derived directly from the operation of aircraft in international traffic, including:
(i) the charter or rental of aircraft;
(ii) the sale of air transportation, either for the airline itself or for any other airline; and
(iii) interest from earnings, provided that these earnings are related to the operation of aircraft in international traffic;
(b) the term “international traffic” means the transportation of persons and/or cargo, including mail, except when such transportation is principally between points in the territory of a Contracting Party; and
(c) the term “airline of one Contracting Party” means, in the case of Canada, an airline resident in Canada for the purposes of income taxation and, in the case of the Republic of Serbia, an airline resident in the Republic of Serbia for the purposes of income taxation.
5. This Article shall not have effect when an agreement for the avoidance of double taxation with respect to taxes on income providing for similar exemptions is in force between the two Contracting Parties.
Article 15
Ground handling
1. The designated airline or airlines of one Contracting Party shall be permitted, on the basis of reciprocity, to perform its own ground handling in the territory of the other Contracting Party and, at its option, to have ground handling services provided in whole or in part by any agent authorized by the competent authorities of the other Contracting Party to provide such services.
2. Each Contracting Party shall permit designated airlines of the other Contracting Party to provide ground handling services for other airlines operating at the same airport in its territory.
3. The exercise of the rights set forth in paragraphs 1 and 2 of this Article shall be subject only to physical or operational constraints resulting from considerations of airport safety or security. Any constraints shall be applied uniformly and on terms no less favourable than the most favourable terms available to any airline engaged in similar international air services at the time the constraints are imposed.
Article 16
Applicability to non-scheduled flights
1. The provisions set out in Articles 5, 6, 7, 8, 10, 11, 13, 14, 15 and 17 of this Agreement shall be applicable to non-scheduled flights operated by an air carrier of one Contracting Party into or from the territory of the other Contracting Party and to the air carrier operating such flights.
2. The provisions of paragraph 1 of this Article shall not affect national laws and regulations governing the authorization granted to air carriers to perform non-scheduled flights or the conduct of air carriers or other parties involved in the organization of these flights.
Article 17
Consultations
1. Either Contracting Party may request consultations on the implementation, interpretation, application or amendment of this Agreement. Such consultations, which may be between aeronautical authorities of the Contracting Parties and which may be through discussion or by correspondence, shall begin within a period of sixty (60) days from the date of receipt of a written request, unless otherwise decided by the Contracting Parties.
2. In a spirit of close co-operation, the aeronautical authorities of the Contracting Parties may hold discussions with each other from time to time with a view to ensuring the proper implementation of, and satisfactory compliance with, the provisions of this Agreement. Such discussions shall begin within a period of sixty (60) days of the date of receipt of such a request, unless otherwise decided by the Contracting Parties.
Article 18
Amendments
Any amendment to this Agreement determined pursuant to consultations held in conformity with Article 17 of this Agreement shall come into force on the date of the last written notification, through diplomatic channels, by which Contracting Parties shall have notified each other that all necessary internal procedures for entry into force of the amendment have been completed.
Article 19
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 endeavour to settle it by consultations held in conformity with Article 17 of this Agreement.
2. If the dispute is not resolved by consultations, the Contracting Parties may jointly decide to refer the dispute for decision to some person or body, or either Contracting Party may submit the dispute 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 arbitrators. 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 written 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. If the President is of the same nationality as one of the Contracting Parties, the most senior vice-president who is not disqualified on that ground, shall be requested by either Contracting Party to make the appointment. In all cases the third arbitrator shall be a national of a third State, shall act as President of the Tribunal and shall determine the place where arbitration will be held.
3. The Contracting Parties shall comply with any decision given under paragraph 2 of this Article.
4. The expenses of the Tribunal shall be shared equally between the Contracting Parties.
5. If and so long as either Contracting Party fails to comply with any decision given under paragraph 2 of this Article, the other Contracting Party may limit, withhold or revoke any rights or privileges which it has granted by virtue of this Agreement to the Contracting Party in default or to the designated airline in default.
Article 20
Termination
Either Contracting Party may at any time from the entry into force of this Agreement give notice in writing through diplomatic channels to the other Contracting Party of its decision to terminate this Agreement. Such notice shall be communicated simultaneously to the International Civil Aviation Organization. This Agreement shall terminate one (1) year after the date of receipt of the notice by the other Contracting Party, unless the notice to terminate is withdrawn by mutual consent before the expiry of this period. In the absence of an acknowledgement of receipt by the other Contracting Party, the notice shall be deemed to have been received fourteen (14) days after the receipt of the notice by the International Civil Aviation Organization.
Article 21
Registration
This Agreement and any amendment thereto shall be registered with the International Civil Aviation Organization.
Article 22
Headings
Headings used in this Agreement are for reference purposes only.
Article 23
Compatibility with multilateral conventions
If a multilateral convention comes into force in respect of both Contracting Parties, consultations may be held in accordance with Article 17 of this Agreement with a view to determining the extent to which this Agreement is effected by the provisions of the multilateral convention.
Article 24
Entry into force
This Agreement shall enter into force on the date of the last diplomatic note, by which the Contracting Parties have notified each other that all necessary internal procedures for entry into force of this Agreement have been completed.
IN WITNESS WHEREOF, the undersigned, duly authorized thereto by their respective Government, have signed this Agreement.
DONE in duplicate at Belgrade on this 21st day of May 2018, in the English, French and Serbian languages, each version being equally authentic.
Stéphane Dion, Special Envoy to the European Union and Europe of the Government of Canada
For the Government of Canada
Ivica Dacic, First Deputy Minister and Minister of Foreign Affairs of the Government of Serbia
For the Government of the Republic of Serbia
Annex
Route schedule
Section I
Passenger-combination and/or all-cargo services may be operated on the following routes by the airline or airlines designated by the Government of Canada:
| Points in Canada | Intermediate points | Points in Serbia | Points beyond |
|---|---|---|---|
| Any point or points | Any point or points | Two points to be named by Canada | Any point or points |
Notes:
1. The Contracting Parties confirm that the designated airline or airlines of each Contracting Party mayoperate scheduled air services on the routes set out in this Annex, in accordance with the notes specified. Points in Serbia may be served separately or in combination.
2. Points in Serbia may be named on ten (10) days notice to the aeronautical authorities of Serbia, and may be subsequently changed on ninety (90) days notice to the aeronautical authorities of Serbia or such lesser period as may be accepted by the aeronautical authorities of Serbia.
3. Transit and own stopover rights shall be available at Intermediate Points and at Points in Serbia. Stopover rights shall not be available at Points in Serbia for traffic en route to and from other Points in Serbia. Fifth freedom rights may be jointly decided upon between the Contracting Parties.
4. Subject to the regulatory requirements normally applied to such operations by the aeronautical authorities of Serbia, each designated airline of Canada may enter into co-operative arrangements for the purpose of:
(a) operating the agreed services on the specified routes by code-sharing (i.e., selling transportation under its own code) on flights operated by the airline or airlines of Canada, Serbia, and/or any third country; and/or
(b) carrying traffic under the code of any other airline or airlines where such other airline or airlines have been authorized by the aeronautical authorities of Serbia to sell transportation under its own code on flights operated by the designated airline or airlines of Canada.
5. Code sharing services involving transportation between the Points in Serbia shall be restricted to flights operated by an airline or airlines authorized by the aeronautical authorities of Serbia to provide services between the Points in Serbia and all transportation between the Points in Serbia under the code of the designated airline or airlines of Canada shall only be available as part of an international journey. All airlines involved in code sharing arrangements shall hold the appropriate underlying route authority. For the purpose of code-sharing, airlines shall be permitted to transfer traffic between aircraft without limitation. The aeronautical authorities of Serbia shall not withhold permission for code sharing services identified in Note 4 (a) by the designated airline or airlines of Canada on the basis that the airline or airlines operating the aircraft does not have the right from Serbia to carry traffic under the code of the airline or airlines designated by Canada.
6. The designated airline or airlines of Canada may, at any points on the specified route and at its option, transfer traffic between its own aircraft without any limitation as to type or number of aircraft, provided that, in the outbound direction, the transportation beyond such points is a continuation of the transportation from Canada and, in the inbound direction, the transportation to Canada is a continuation of the transportation from beyond such points and provided that all flights involved in the transfer originate or terminate in Canada. For the purpose of code-sharing services, airlines shall be permitted to transfer traffic between aircraft without limitation.
7. For the purposes of Article 9, the Government of Canada shall be entitled to allocate the following capacity among its designated airlines for the operation of own aircraft and/or code sharing services:
(a) for direct own-aircraft services, up to a maximum of two flights per week in each direction;
(b) for code-sharing services on the flights of other airlines, the aeronautical authorities of Serbia shall not unilaterally impose any restrictions with respect to capacity or frequency to be offered by the designated airline or airlines of Canada.
8. A designated airline of Canada that provides a service to points behind its home country in connection with the specified route, public advertising or other forms of promotion by that airline in Serbia or in third countries shall not employ the terms “single carrier” or “through service” and shall state that such a service is by connecting flights, even when for operational reasons a single aircraft is used. The flight number assigned to the services between Canada and Serbia shall not be the same as that assigned to flights behind Canada.
Section II
Passenger-combination and/or all-cargo services may be operated on the following routes by the airline or airlines designated by the Government of the Republic of Serbia:
| Points in Serbia | Intermediate points | Points in Canada | Points beyond |
|---|---|---|---|
| Any point or points | Any point or points | Two points to be named by Serbia | Any point or points |
Notes:
1. The Contracting Parties confirm that the designated airline or airlines of each Contracting Party may operate scheduled air services on the routes set out in this Annex, in accordance with the notes specified. Points in Canada may be served separately or in combination.
2. Points in Canada may be named on ten (10) days notice to the aeronautical authorities of Canada, and may be subsequently changed on ninety (90) days notice to the aeronautical authorities of Canada or such lesser period as may be accepted by the aeronautical authorities of Canada.
3. Transit and own stopover rights shall be available at Intermediate Points and at Points in Canada. Stopover rights shall not be available at Points in Canada for traffic en route to and from other Points in Canada. Fifth freedom rights may be jointly decided upon between the Contracting Parties.
4. Subject to the regulatory requirements normally applied to such operations by the aeronautical authorities of Canada, each designated airline of Serbia may enter into co-operative arrangements for the purpose of:
(a) operating the agreed services on the specified routes by code-sharing (i.e., selling transportation under its own code) on flights operated by the airline or airlines of Canada, Serbia, and/or any third country; and/or
(b) carrying traffic under the code of any other airline or airlines where such other airline or airlines have been authorised by the aeronautical authorities of Canada to sell transportation under its own code on flights operated by the designated airline or airlines of Serbia.
5. Code sharing services involving transportation between the Points in Canada shall be restricted to flights operated by an airline or airlines authorised by the aeronautical authorities of Canada to provide services between the Points in Canada and all transportation between the Points in Canada under the code of the designated airline or airlines of Serbia shall only be available as part of an international journey. All airlines involved in code sharing arrangements shall hold the appropriate underlying route authority. For the purpose of code-sharing, airlines shall be permitted to transfer traffic between aircraft without limitation. The aeronautical authorities of Canada shall not withhold permission for code sharing services identified in Note 4 (a) by the designated airline or airlines of Serbia on the basis that the airline or airlines operating the aircraft does not have the right from Canada to carry traffic under the code of the airline or airlines designated by Serbia.
6. The designated airline or airlines of Serbia may, at any points on the specified route and at its option, transfer traffic between its own aircraft without any limitation as to type or number of aircraft, provided that, in the outbound direction, the transportation beyond such points is a continuation of the transportation from Serbia and, in the inbound direction, the transportation to Serbia is a continuation of the transportation from beyond such points and provided that all flights involved in the transfer originate or terminate in Serbia. For the purpose of code-sharing services, airlines shall be permitted to transfer traffic between aircraft without limitation.
7. For the purposes of Article 9, the Government of the Republic of Serbia shall be entitled to allocate the following capacity among its designated airlines for the operation of own aircraft and/or code sharing services:
(a) for direct own-aircraft services, up to a maximum of two flights per week in each direction;
(b) for code-sharing services on the flights of other airlines, the aeronautical authorities of Canada shall not unilaterally impose any restrictions with respect to capacity or frequency to be offered by the designated airline or airlines of Serbia.
8. A designated airline of Serbia that provides a service to points behind its home country in connection with the specified route, public advertising or other forms of promotion by that airline in Canada or in third countries shall not employ the terms “single carrier” or “through service” and shall state that such a service is by connecting flights, even when for operational reasons a single aircraft is used. The flight number assigned to the services between Serbia and Canada shall not be the same as that assigned to flights behind Serbia.