2006-(8)

II SÉRIE-A — NÚMERO 70

b) The term «agreed Services» means scheduled air services on the routes specified in the annex to this Agreement for the transport of passengers and cargo, and «specified route» means a

route specified in the annex to this Agreement;

c) The term «Agreement» means this Agreement, its annex drawn up in application thereof, and any amendments to the Agreement or to trie annex;

d) The term «the Convention» shall mean the Convention on International Civil Aviation opened for signature at Chicago on the seventh day of December, 1944, and includes any annex adopted under article 90 of that Convention and any amendment of the annexes or Convention under articles 90 and 94 thereof, so far as those annexes and amendments have been adopted by both Contracting Parties;

e) The term «designated airline» shall mean an airline or airlines which has been designated and authorized in accordance with article 3 of the present Agreement;

f) The term «cargo» includes mail;

g) The terms «air service», «international air Service», «airline» and «stop for nontraffic purpo-ses» shall have the meaning respectively assigned to them in article 96 of the Convention;

h) The term «tariff» means the prices which the designated airlines charge for the transport of passengers and cargo and the conditions unde:; which those prices apply but excluding remuneration and conditions for carriage of mail;

/) The term «territory» in relation to a State has the meaning assigned to it in article 2 of the Convention.

Article 2 Grant of rights

1 — Each Contracting Party grants to the other Contracting Party the rights described in the present Agreement and in the annex, for the operation of scheduled international air services on the routes specified in the annex.

2 — The airlines designated by each Contracting Party shall enjoy 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 land in the territory of the other Contracting Party for the purpose of taking on board and discharging international traffic in passengers and cargo while operating the agreed service.

3 — Nothing in this article shall be deemed to confer on the designated airlines of one Contracting Party the right of taking on, in the territory of the other Contracting Party, passengers, cargo and mail carried for remuneration or hire and destined for another point \n the Sq\q territory.

4 — If because of armed conflict, political disturbances or developments, or special and unusual circumstances, the designated airlines of one Contracting Party are unable to operate a service on their normal routes, the other Contracting Party shall use its best efforts to facilitate the continued operation of such service

through appropriate temporary rearrangements of such routes as mutually decided by the Contracting Parties.

Article 3 Designation of airlines

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

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

3 — The aeronautical authorities of one Contracting Party may require the airlines designated by the other Contracting Party to satisfy them that they are qualified to fulfil 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 — Each Contracting Party shall have the right to refuse to grant the operating authorization 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 traffic rights specified in article 2, in any case where the said Contracting Party is not satisfied that substantial ownership and effective control ofthat airline are vested in the Contracting Party designating the airline or in its nationals.

5 — When an airline has been so designated and authorized, it may begin at any time to operate the agreed services, provided that flight schedules have been approved and tariffs are in force in respect of those services, as required respectively under articles 12 and 10 of this Agreement.

6 — Each Contracting Party shall be able freely to replace its concession-holding airlines after previously informing the other Contracting Parry of such changes, the newly designated airline shall have all the rights and duties of its predecessor.

Article 4 . Revocation, suspension and limitation of rights

1 — Each Contracting Party shall have the right to revoke an operating authorization or to suspend the exercise of the rights specified in article 2 of the present Agreement by an airline designated by the other Contracting Party, 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 that airline are vested in the Contracting Party designating the airline or in nationals of such Contracting Party;

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 in accordance with the conditions prescribed under the present Agreement.

2 — Unless immediate revocation, suspension or imposition of the conditions mentioned under para-