294-(104)

II SÉRIE-A — NÚMERO 17

Article 7 User charges

Charges for the use of airport and air navigation facilities and services offered by one Contracting Party to

the designated airline of the other Contracting Party shall not be higher than those which have to be paid by national aircraft operating on similar scheduled international services. Such charges shall be just and reasonable and shall be based on sound economic principles.

Article 8 Passengers and cargo in direct transit

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 custom duties and other similar taxes.

Article 9 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 10 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 conformitywith the provisions of the Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on 16 December 1970 and the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 September 1971 and its Supplementary Protocol for the Suppression of Unlawful Acts of Violence at Airports serving international Civil Aviation, signed at Montreal on 24 February 1988, when it will become binding on both Contracting Parties.

2 — The Contracting Parties shall provide upon request all necessary assistence 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 Organization 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 airports 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.

Article 11

Representation and commercial activities

1 — The designate airline of each Contracting Party shall be allowed:

a) To establish in the territory of the other Cor\-tracting 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 other Contracting Party — in accordance with the laws and regulations of that other Contracting Party relating to entry, residence and employment — managerial, sales, technical, operacional 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 airlines'discretion, through its agents in the sale of air transportation.

2 — Each airline shall have the right to sell such transportation, and any person shall be free to purchase such transportation, in the currency of that territory or in freely convertible currencies of other countries in accordance with the foreign exchange regulations in force.

3 — For the commercial activities the same principles shall apply to the designated airlines of both Contracting Parties. The competent authorities of each Contracting Party will take all necessary steps to ensure that the representation of the airline designated by the other Contracting Party may exercise their activities in an orderly manner.