Common use of Commercial Opportunities Clause in Contracts

Commercial Opportunities. Doing business 1. The Parties agree that obstacles to doing business encountered by commercial operators would hamper the benefits to be achieved by this Agreement. The Parties shall therefore engage in an effective and reciprocal process of removal of obstacles to doing business of commercial operators of both Parties where such obstacles may hamper commercial operations, create distortions to competition or affect equal opportunities to compete. 2. The Joint Committee referred to in Article 22 shall develop a process of cooperation in relation to doing business and commercial opportunities. In accordance with Article 22, a Party may request a meeting of the Joint Committee to discuss any question related to the application of this Article. Air carrier representatives 3. The air carriers of each Party shall have the right to freely establish offices and facilities in the territory of the other Party required for the provision of air transport and for the promotion and sale of air transport and related activities, including the right to sell and to issue any ticket and/or air waybill, both of its own and of any other air carrier. 4. The air carriers of each Party shall be entitled, in accordance with the laws and regulations of the other Party relating to entry, residence and employment, to bring in and maintain in the territory of the other Party managerial, sales, technical, operational and other specialist staff who are required to support the provision of air transport. Both Parties shall facilitate and expedite the granting of employment authorisations, where required, for personnel employed in the offices according to this paragraph, including those performing certain temporary duties not exceeding 90 days, subject to the relevant laws and regulations in force. The air carriers of each Party may freely choose to work with or without a general sales agent of their choice in the territory of the other Party. Ground handling 5. Each air carrier shall have in relation to ground handling in the territory of the other Party: (a) the right to perform its own ground handling (self-handling); or (b) the right to select among competing suppliers, including other air carriers, that provide ground handling services in whole or in part where such suppliers are allowed market access on the basis of the laws and regulations of each Party, and where such suppliers are present in the market. The rights set out in points (a) and (b) of the first subparagraph shall be subject only to specific constraints of available space or capacity arising from the need to maintain safe operation of the airport. Where such constraints limit, prevent or preclude self-handling and where there is no effective competition between suppliers that provide ground handling services, the relevant Party shall ensure that all such services are available on both an equal and an adequate basis to all air carriers; prices of such services shall be determined according to relevant, objective, transparent and non-discriminatory criteria. Allocation of slots at airports 6. Each Party shall ensure that its regulations, guidelines and procedures for allocation of slots at the airports in its territory are applied in a transparent, effective, non-discriminatory and timely manner. Operational plans, programmes and schedules 7. Notification of operational plans, programmes or schedules for air services operated under this Agreement may be required by a Party for information purposes only. If a Party requires such notification, it shall minimise the administrative burdens of notification requirements and procedures on air transport intermediaries and on air carriers of the other Party. Sales, local expenses and transfer of funds 8. Any air carrier of each Party may engage in the sale of air transport and related services in the territory of the other Party directly and/or, at the air carrier's discretion, through its sales agents, through other intermediaries appointed by the air carrier or through the internet or any other available channel. Each air carrier shall have the right to sell such transport and related services, and any person shall be free to purchase such transport and related services, in the currency of that territory or in freely convertible currencies. 9. The air carriers of each Party shall be permitted to pay for local expenses, including, but not limited to, purchases of fuel, in the territory of the other Party in local currency. At their discretion, the air carriers of each Party may pay for such expenses in the territory of the other Party in freely convertible currencies at the market rate of exchange. 10. Each air carrier shall have the right to convert, on demand, local revenues into freely convertible currencies and remit such revenues at any time, and in any way, from the territory of the other Party to the country of its choice. Conversion and remittance shall be permitted promptly without restrictions or taxation in respect thereof at the market rate of exchange applicable to current transactions and remittance on the date the carrier makes the initial application for remittance and shall not be subject to any charges except those normally made by banks for carrying out such conversion and remittance. Cooperative marketing arrangements 11. In operating or holding out services under this Agreement, any air carrier of a Party may enter into cooperative marketing arrangements, such as blocked-space or code-sharing arrangements, with: (a) any air carrier or carriers of the Parties; (b) any air carrier or carriers of a third country; and/or (c) any surface (land or maritime) transport provider of any country, provided that (i) the operating carrier holds the appropriate traffic rights; (ii) the marketing carriers hold the appropriate underlying route(s) in the route schedule; and (iii) the arrangements meet the regulatory requirements normally applied to such arrangements. 12. In operating or holding out services under this Agreement, any air carrier of a Party may enter into cooperative marketing arrangements, such as blocked-space or code-sharing arrangements, with a carrier that is operating a domestic sector, provided that (i) this is part of an international journey and (ii) the arrangements meet the requirements normally applied to such arrangements. For the purposes of this paragraph, a "domestic sector" means, where the operating carrier is a carrier of the Union, a route within the territory of an EU Member State and, where the operating carrier is a carrier of Qatar, a route within the territory of Qatar. 13. In respect of passenger transport sold involving cooperative marketing arrangements, the purchaser shall be informed at the point of sale, or in any case at check-in, or before boarding where no check-in is required for a connecting flight, which transport providers will operate each sector of the service. Intermodal services 14. In relation to the transport of passengers, surface transport providers shall not be subject to laws and regulations governing air transport on the sole basis that such surface transport is held out by an air carrier under its own name. 15. Notwithstanding any other provision of this Agreement, air carriers and indirect providers of cargo transport of the Parties shall be permitted, without restriction, to employ in connection with international air transport any surface transport for cargo to or from any point in the territories of the Parties, or in third countries, including transport to and from all airports with customs facilities, and including, where applicable, the right to transport cargo in bond under applicable laws and regulations. Such cargo, whether moving by surface or by air, shall have access to airport customs processing and facilities. Air carriers may elect to perform their own surface transport or to provide it through arrangements with other surface transport providers, including surface transport operated by other air carriers and indirect providers of cargo air transport. Such intermodal cargo services may be offered at a single, through-price for the air and surface transport combined, provided that shippers are not misled as to the facts concerning such transport. Franchising and branding 16. The air carriers of each Party shall be entitled to enter into franchising or branding arrangements with companies, including air carriers, of either Party or third countries, provided that the air carriers hold the appropriate authority and meet the conditions prescribed under the laws and regulations normally applied by the Parties to such arrangements, in particular those requiring the disclosure of the identity of the air carrier operating the service.

Appears in 3 contracts

Samples: Agreement on Air Transport, Air Transport Agreement, Air Transport Agreement

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Commercial Opportunities. Doing business 1. The Parties agree that obstacles to doing business encountered by commercial operators would hamper the benefits to be achieved by this Agreement. The Parties shall therefore agree to engage in an effective and reciprocal process of removal of to remove obstacles to doing business of encountered by commercial operators of both Parties where such obstacles may hamper commercial operations, create distortions to competition or affect equal opportunities to competehamper the development of a level playing field. 2. The Joint Committee referred to in Article 22 shall develop a process of cooperation in relation to doing business and commercial opportunities, shall monitor progress in effectively addressing obstacles to doing business encountered by commercial operators and shall regularly review developments, including, if necessary, those concerning legislative and regulatory changes. In accordance with Article 2229 of this Agreement, a Party may request a meeting of the Joint Committee to discuss any question related to the application of this Article. Air carrier representatives 3. The air carriers of each Party shall have the right to freely establish offices and facilities in the territory of the other Party required for the provision of air transport and for the promotion and sale of air transport and related activities, including the right to sell and to issue any ticket and/or air waybill, both of its own and tickets and/or air waybills of any other air carrier. 4. The air carriers of each Party shall be entitled, in accordance with the laws and regulations of the other Party relating to entry, residence and employment, to bring in and maintain in the territory of the other Party managerial, sales, technical, operational and other specialist staff who are required to support the provision of air transport. These staff requirements may, at the option of the air carriers, be satisfied by its own personnel or by using the services of any other organisation, company or air carrier operating in the territory of the other Party, authorised to perform such services in the territory of that Party. Both Parties shall facilitate and expedite the granting of employment authorisations, where required, for personnel employed in the offices according to this paragraph, including those performing certain temporary duties not exceeding 90 days, subject to the relevant laws and regulations in force. The air carriers of each Party may freely choose to work with or without a general sales agent of their choice in the territory of the other Party. Ground handling 5. Each Subject to the transitional provisions set out in Annex III to this Agreement: (a) without prejudice to point (b), each air carrier shall have in relation to ground handling in the territory of the other Party: (ai) the right to perform its own ground handling ("self-handling"); or (bii) the right to select among competing suppliers, including other air carriers, suppliers that provide ground handling services in whole or in part where such suppliers are allowed market access on the basis of the laws and regulations of each Party, and where such suppliers are present in the market. The ; (b) for baggage handling, ramp handling, fuel and oil handling, and freight and mail handling as regards the physical handling of freight and mail between the air terminal and the aircraft, the rights set out in points under point (aa)(i) and (bii) may be subject to constraints according to the laws and regulations applicable in the territory of the first subparagraph shall be subject only to specific constraints of available space or capacity arising from the need to maintain safe operation of the airportother Party. Where such constraints limit, prevent or preclude self-handling and where there is no effective competition between suppliers that provide ground handling services, the relevant Party shall ensure that all such services are shall be available on both an equal and an adequate non-discriminatory basis to all air carriers; prices ; (c) any ground handling provider of such each Party, whether an air carrier or not, shall have in relation to ground handling in the territory of the other Party the right to provide ground handling services shall be determined according to relevantfor air carriers of the Parties operating at the same airport, objective, transparent where authorised and non-discriminatory criteriaconsistent with applicable laws and regulations. Allocation of slots at airports 6. Each Party shall ensure that its regulations, guidelines and procedures for The allocation of available slots at the airports in its territory are applied the territories of the Parties shall be carried out in a an independent, transparent, effective, non-discriminatory and timely manner. Operational plans, programmes and schedules 7. Notification of operational plans, programmes or schedules for air services operated under this Agreement may be required by a Party for information purposes only. If a Party requires such notification, it shall minimise the administrative burdens of notification requirements and procedures on air transport intermediaries and on air carriers of the other Party. Sales, local expenses and transfer of funds 87. Any air carrier of each Party may engage in the sale of air transport transportation and related services in the territory of the other Party directly and/or, at the air carrier's discretion, through its sales agents, through other intermediaries appointed by the air carrier, through another air carrier or through the internet or any other available channelinternet. Each air carrier shall have the right to sell such transport transportation and related services, and any person shall be free to purchase such transport transportation and related services, in the currency of that territory or in freely convertible currenciescurrencies in accordance with the local currency legislation. 8. Each air carrier shall have the right to convert into freely convertible currencies and remit local revenues from the territory of the other Party to its home territory or to the country or countries of its choice according to the applicable legislation. Conversion and remittance shall be permitted promptly without restrictions or taxation in respect thereof at the official rate of exchange applicable to current transactions and remittance on the date the carrier makes the initial application for remittance. 9. The air carriers of each Party shall be permitted to pay for local expenses, including, but not limited to, including purchases of fuel, in the territory of the other Party in local national currency. At their discretion, the air carriers of each Party may pay for such expenses in the territory of the other Party in freely convertible currencies at the market rate of exchange.in accordance with local currency legislation. Cooperative arrangements 10. Each air carrier shall have the right to convert, on demand, local revenues into freely convertible currencies and remit such revenues at any time, and in any way, from the territory of the other Party to the country of its choice. Conversion and remittance shall be permitted promptly without restrictions or taxation in respect thereof at the market rate of exchange applicable to current transactions and remittance on the date the carrier makes the initial application for remittance and shall not be subject to any charges except those normally made by banks for carrying out such conversion and remittance. Cooperative marketing arrangements 11. In operating or holding out services under this Agreement, any air carrier of a Party may enter into cooperative marketing arrangements, such as blocked-space agreements or code-sharing arrangements, with: (a) any air carrier or carriers of the Parties; (b) any air carrier or carriers of a third country; and/orand (c) any surface (land or maritime) transport provider of any countryprovider, provided that that: (i) the operating carrier holds the appropriate traffic rightsauthority; (ii) the marketing carriers hold the appropriate underlying route(s) in route rights within the route schedule; relevant bilateral provisions and (iii) the arrangements meet the regulatory requirements relating to safety and competition normally applied to such arrangements. 12. In operating or holding out services under this Agreement, any air carrier of a Party may enter into cooperative marketing arrangements, such as blocked-space or code-sharing arrangements, with a carrier that is operating a domestic sector, provided that (i) this is part of an international journey and (ii) the arrangements meet the requirements normally applied to such arrangements. For the purposes of this paragraph, a "domestic sector" means, where the operating carrier is a carrier of the Union, a route within the territory of an EU Member State and, where the operating carrier is a carrier of Qatar, a route within the territory of Qatar. 13. In respect of passenger transport sold involving cooperative marketing arrangementscode-shares, the purchaser shall be informed at the point of sale, or in any case at check-in, or before on boarding where no check-in is required for a connecting flight, which transport transportation providers will operate each sector of the service. Intermodal servicestransportation 1411. In relation to the transport of passengers, surface transport providers shall not be subject to laws and or regulations governing air transport on the sole basis that such surface transport is held out by an air carrier under its own name. Surface transport providers have the discretion to decide whether to enter into cooperative arrangements. In deciding on any particular arrangement, surface transport providers may consider, among other things, consumer interests and technical, economic, space, and capacity constraints. 1512. Notwithstanding Without prejudice to applicable laws and regulations requirements and notwithstanding any other provision of this Agreement, air carriers and indirect providers of cargo transport of the Parties shall be permitted, without restriction, to employ in connection with international air transport under the same air waybill any surface transport for cargo to or from any point points in the territories of Ukraine and the Parties, European Union or in third countries, countries including transport to and from all airports with customs facilities, and including, where applicable, the right to transport cargo in bond under applicable laws and regulationsbond. Such cargo, whether moving by surface or by air, shall have access to airport customs processing and facilities. Air carriers may elect to perform their own surface transport or to provide it through arrangements with other surface transport providerscarriers, including surface transport operated by other air carriers and indirect providers of cargo air transport. Such intermodal cargo services may be offered at a single, through-through price for the air and surface transport combined, provided that shippers are not misled as to the facts concerning such transport. Franchising and branding 16. The air carriers of each Party shall be entitled to enter into franchising or branding arrangements with companies, including air carriers, of either Party or third countries, provided that For the air carriers hold the appropriate authority and meet the conditions prescribed under the laws and regulations normally applied by the Parties to such arrangements, in particular those requiring the disclosure purposes of the identity first subparagraph of the air carrier operating the servicethis paragraph, "surface transport" shall include both land and maritime transportation.

Appears in 3 contracts

Samples: Common Aviation Area Agreement, Common Aviation Area Agreement, Common Aviation Area Agreement

Commercial Opportunities. Doing business1. Subject to the transitional provisions set out in Annex I, the Parties shall ensure that their relevant legislation, rules or procedures comply with the regulatory requirements and standards relating to air transport specified in Annex II, Part A. 12. The Parties agree that obstacles to doing business encountered by commercial operators would hamper the benefits to be achieved by this Agreement. The Parties shall therefore engage in an effective and reciprocal process of removal of to remove obstacles to doing business of encountered by commercial operators of both Parties where such obstacles may hamper commercial operations, operations or create distortions to competition or affect equal opportunities to compete. 23. Air carriers of the two Parties shall not be required to retain a local sponsor. 4. The Joint Committee referred to in Article 22 shall develop a process of cooperation in relation to doing business and commercial opportunities, shall monitor progress in effectively addressing obstacles to doing business encountered by commercial operators and shall regularly review developments, including towards legislative and regulatory changes. In accordance with Article 2223, a Party may request a meeting of the Joint Committee to discuss any question related to the application of this Article. Air carrier representatives. 35. The air carriers of each Party shall have the right to freely establish offices and facilities in the territory of the other Party where such offices and facilities are required for the provision of air transport and for the promotion and sale of air transport and related activities, including the right to sell and to issue any ticket and/or air waybill, both or airway bill of its own and or of any other air carrier. 46. The air carriers of each Party shall be entitled, in accordance with the laws and regulations of the other Party relating to entry, residence residence, and employment, to bring in and maintain in the territory of the other Party managerial, sales, technical, operational operational, and other specialist staff who are required to support the provision of air transport. Both Parties shall facilitate and expedite the granting of employment authorisations, where required, for personnel employed in the offices according to this paragraph, including those performing certain temporary duties not exceeding 90 days, subject to the relevant laws and regulations in force. 7. The air carriers of Without prejudice to the second subparagraph, each Party may freely choose to work with or without a general sales agent of their choice in the territory of the other Party. Ground handling 5. Each air carrier shall have in relation to ground handling in the territory of the other Party: (a) the right to perform its own ground handling (self-handling); or (b) the right to select among competing suppliers, including other air carriers, that provide ground handling services in whole or in part where such suppliers are allowed market access on the basis of the laws and regulations of each Party, and where such suppliers are present in the market. The rights set out in under points (a) and (b) of the first subparagraph shall be subject only to specific constraints of available space or capacity arising from the need to maintain the safe operation of the airport. Where such constraints limit, prevent or preclude self-handling and where there is no effective competition between suppliers that provide ground handling services, the relevant Party shall ensure that all such services are available on both an equal and an adequate basis to all air carriers; prices of such services shall be determined according to relevant, objective, transparent and non-discriminatory criteria. 8. Allocation Each supplier of slots ground handling services, whether an air carrier or not, shall have in relation to ground handling in the territory of the other Party the right to provide ground handling services for air carriers operating at airportsthe same airport, where authorised and consistent with applicable laws and regulations. 69. Each Party shall ensure that its regulations, guidelines and procedures for allocation of slots at the airports in its territory are applied in a an independent, transparent, effective, non-discriminatory and timely manner. Operational plans, programmes and schedules. 710. Notification of operational plans, programmes or schedules for air services operated under this Agreement may be required by a Party for information purposes onlyonly in order to being able to verify that the rights granted under this Agreement are respected. If a Party requires such notification, it shall minimise the administrative burdens of notification requirements and procedures on air transport intermediaries and on air carriers of the other Party. Sales, local expenses and transfer of funds. 811. Any air carrier of each Party may engage in the sale of air transport and related services in the territory of the other Party directly and/oror, at the air carrier's discretion, through its sales agents, through other intermediaries appointed by the air carrier or through the internet or any other available channel. Each air carrier shall have the right to sell such transport and related services, and any person shall be free to purchase such transport and related services, in the currency of that territory or in freely convertible currencies. 912. The air carriers of each Party shall be permitted to pay for local expenses, including, but not limited to, including purchases of fuel, fuel and payment of airport charges in the territory of the other Party in local currency. At their discretion, the air carriers of each Party may pay for such expenses in the territory of the other Party in freely convertible currencies at the market rate of exchange. 1013. Each air carrier shall have the right on demand to convert, on demand, local revenues convert into freely convertible currencies and remit such revenues at any time, and in any way, from the territory of the other Party to the country of its choice, local revenues. Conversion and remittance shall be permitted promptly without restrictions or taxation in respect thereof at the market rate of exchange applicable to current transactions and remittance on the date the air carrier makes the initial application for remittance and shall not be subject to any charges except those normally made by banks for carrying out such conversion and remittance. Cooperative marketing arrangements. 1114. In operating or holding out services under this Agreement, any air carrier of a Party may enter into cooperative marketing arrangements, such as blocked-space or code-sharing arrangements, with: (a) any air carrier or carriers of the Parties; (b) any air carrier or carriers of a third country; and/orand (c) any surface (land or maritime) transport provider of any country, ; provided that (i) the operating carrier holds the appropriate traffic rights; , (ii) the marketing carriers hold the appropriate underlying route(s) in the route schedule; rights and (iii) the arrangements meet the regulatory requirements relating to safety and competition normally applied to such arrangements. 12. In operating or holding out services under this Agreement, any air carrier of a Party may enter into cooperative marketing arrangements, such as blocked-space or code-sharing arrangements, with a carrier that is operating a domestic sector, provided that (i) this is part of an international journey and (ii) the arrangements meet the requirements normally applied to such arrangements. For the purposes of this paragraph, a "domestic sector" means, where the operating carrier is a carrier of the Union, a route within the territory of an EU Member State and, where the operating carrier is a carrier of Qatar, a route within the territory of Qatar. 1315. In respect to the transport of passenger transport passengers sold involving cooperative marketing arrangements, the purchaser shall be informed at the point of sale, or in any case at check-in, or before boarding where no check-in is required for a connecting flight, which transport providers will operate each sector of the service. Intermodal services. 1416. In relation to the transport of passengers, surface transport providers shall not be subject to laws and regulations governing air transport on the sole basis that such surface transport is held out by an air carrier under its own name. 1517. Notwithstanding any other provision of this Agreement, air carriers and indirect providers of cargo transport of the Parties shall be permitted, without restriction, to employ in connection with international air transport any surface transport for cargo to or from any point points in the territories of the Parties, or in third countries, including transport to and from all airports internationally recognised with customs facilities, and including, where applicable, the right to transport cargo in bond under applicable laws and regulations. Such cargo, whether moving by surface or by air, shall have access to airport customs processing and facilities. Air carriers may elect to perform their own surface transport or to provide it through arrangements with other surface transport providers, including surface transport operated by other air carriers and indirect providers of cargo air transport. Such intermodal cargo services may be offered at a single, through-through price for the air and surface transport combined, provided that shippers are not misled as to the facts concerning such transport. Franchising and branding. 1618. The air carriers of each Party shall be entitled to enter into franchising or branding arrangements with companies, including air carriers, of either Party or third countries, provided that the air carriers hold the appropriate authority and meet the conditions prescribed under the laws and regulations normally applied by the Parties to such arrangements, in particular particularly those requiring the disclosure of the identity of the air carrier operating the service. 19. The air carriers of each Party may enter into arrangements for the provision of aircraft with or without crew for the operation of international air transport with: (a) any air carrier or carriers of the Parties; and (b) any air carrier or carriers of a third country, provided that all participants in such arrangements hold the appropriate authority and meet the conditions prescribed under the respective laws and regulations applied by the Parties to such arrangements. Neither Party shall require the air carrier providing the aircraft to hold traffic rights under this Agreement for the routes on which the aircraft will be operated. The Parties may require these arrangements to be approved by their competent authorities. Where a Party requires such approval, it shall minimise the administrative burdens for air carriers of the approval procedures.

Appears in 2 contracts

Samples: Common Aviation Area Agreement, Common Aviation Area Agreement

Commercial Opportunities. Doing business1. Subject to the transitional provisions set out in Annex I to this Agreement, the Parties shall ensure that their relevant legislation, rules or procedures comply with the regulatory requirements and standards relating to air transport specified in Part A of Annex II to this Agreement. 12. The Parties agree that obstacles to doing business encountered by commercial operators would hamper the benefits to be achieved by this Agreement. The Parties shall therefore engage in an effective and reciprocal process of removal of obstacles to doing business of commercial operators of both Parties where such obstacles may hamper commercial operations, operations or create distortions to competition or affect equal opportunities to compete. 23. Air carriers of the two Parties shall not be required to retain a local sponsor. 4. The Joint Committee referred pursuant to in Article 22 23 of this Agreement shall develop a process of cooperation in relation to doing business and commercial opportunities; shall monitor progress in effectively addressing obstacles to doing business of commercial operators and shall regularly review developments, including towards legislative and regulatory changes. In accordance with Article 22, 23 of this Agreement a Party may request a meeting of the Joint Committee to discuss any question related to the application of this Article. Air carrier representatives. 35. The air carriers of each Party shall have the right to freely establish offices and facilities in the territory of the other Party required for the provision of air transport and for the promotion and sale of air transport and related activities, activities including the right to sell and to issue any ticket and/or air waybillairway bill, both of its own and of any other air carrier. 46. The air carriers of each Party shall be entitled, in accordance with the laws and regulations of the other Party relating to entry, residence residence, and employment, to bring in and maintain in the territory of the other Party managerial, sales, technical, operational operational, and other specialist staff who are required to support the provision of air transport. Both Parties shall facilitate and expedite the granting of employment authorisations, where required, for personnel employed in the offices according to this paragraph, including those performing certain temporary duties not exceeding 90 ninety (90) days, subject to the relevant laws and regulations in force. The air carriers . (a) Without prejudice to subparagraph (b) of this paragraph, each Party may freely choose to work with or without a general sales agent of their choice in the territory of the other Party. Ground handling 5. Each air carrier shall have in relation to ground handling in the territory of the other Party: (ai) the right to perform its own ground handling (self-handling); or (bii) the right to select among competing suppliers, including other air carriers, that provide ground handling services in whole or in part where such suppliers are allowed market access on the basis of the laws and regulations of each Party, and where such suppliers are present in the market. . (b) The rights set out under (i) and (ii) in points subparagraph (a) and (b) of the first subparagraph this paragraph shall be subject only to specific constraints of available space or capacity arising from the need to maintain safe operation of the airport. Where such constraints limit, prevent or preclude self-handling and where there is no effective competition between suppliers that provide ground handling services, the relevant Party shall ensure that all such services are available on both an equal and an adequate basis to all air carriers; prices of such services shall be determined according to relevant, objective, transparent and non-discriminatory criteria. 8. Allocation Each supplier of slots ground handling services, whether an air carrier or not, shall have in relation to ground handling in the territory of the other Party the right to provide ground handling services for air carriers operating at airportsthe same airport, where authorised and consistent with applicable laws and regulations. 69. Each Party shall ensure that its regulations, guidelines and procedures for allocation of slots at the airports in its territory are applied in a an independent, transparent, effective, non-discriminatory and timely manner. Operational plans, programmes and schedules. 710. Notification of operational plans, programmes or schedules for air services operated under this Agreement may be required by a Party for information purposes onlyonly with a view to be able to verify that the rights granted under this Agreement are respected. If a Party requires such notification, it shall minimise the administrative burdens of notification requirements and procedures on air transport intermediaries and on air carriers of the other Party. Sales, local expenses and transfer of funds. 811. Any air carrier of each Party may engage in the sale of air transport and related services in the territory of the other Party directly and/or, at the air carrier's discretion, through its sales agents, through other intermediaries appointed by the air carrier or through the internet or any other available channel. Each air carrier shall have the right to sell such transport and related services, and any person shall be free to purchase such transport and related services, in the currency of that territory or in freely convertible currencies. 912. The air carriers of each Party shall be permitted to pay for local expenses, including, but not limited to, purchases of fuel, fuel and payment of airport charges in the territory of the other Party in local currency. At their discretion, the air carriers of each Party may pay for such expenses in the territory of the other Party in freely convertible currencies at the market rate of exchange. 1013. Each air carrier shall have the right on demand to convert, on demand, local revenues convert into freely convertible currencies and remit such revenues at any time, and in any way, from the territory of the other Party to the country of its choice, local revenues. Conversion and remittance shall be permitted promptly without restrictions or taxation in respect thereof at the market rate of exchange applicable to current transactions and remittance on the date the air carrier makes the initial application for remittance and shall not be subject to any charges except those normally made by banks for carrying out such conversion and remittance. Cooperative marketing arrangements. 1114. In operating or holding out services under this Agreement, any air carrier of a Party may enter into cooperative marketing arrangements, such as blocked-space or code-sharing arrangements, with: (a) any air carrier or carriers of the Parties; (b) any air carrier or carriers of a third country; and/orand (c) any surface (land or maritime) transport provider of any country, ; provided that (i) the operating carrier holds the appropriate traffic rights; rights and (ii) the marketing carriers hold the appropriate underlying route(s) in the route schedule; rights and (iii) the arrangements meet the regulatory requirements relating to safety and competition normally applied to such arrangements. 12. In operating or holding out services under this Agreement, any air carrier of a Party may enter into cooperative marketing arrangements, such as blocked-space or code-sharing arrangements, with a carrier that is operating a domestic sector, provided that (i) this is part of an international journey and (ii) the arrangements meet the requirements normally applied to such arrangements. For the purposes of this paragraph, a "domestic sector" means, where the operating carrier is a carrier of the Union, a route within the territory of an EU Member State and, where the operating carrier is a carrier of Qatar, a route within the territory of Qatar. 1315. In respect to the transport of passenger transport passengers sold involving cooperative marketing arrangements, the purchaser shall be informed at the point of sale, or in any case at check-in, or before boarding where no check-in is required for a connecting flight, which transport providers will operate each sector of the service. Intermodal services. 1416. In relation to the transport of passengers, surface transport providers shall not be subject to laws and regulations governing air transport on the sole basis that such surface transport is held out by an air carrier under its own name. 1517. Notwithstanding any other provision of this Agreement, air carriers and indirect providers of cargo transport of the Parties shall be permitted, without restriction, to employ in connection with international air transport any surface transport for cargo to or from any point points in the territories of the Parties, or in third countries, including transport to and from all airports internationally recognised with customs facilities, and including, where applicable, the right to transport cargo in bond under applicable laws and regulations. Such cargo, whether moving by surface or by air, shall have access to airport customs processing and facilities. Air carriers may elect to perform their own surface transport or to provide it through arrangements with other surface transport providers, including surface transport operated by other air carriers and indirect providers of cargo air transport. Such intermodal cargo services may be offered at a single, through-through price for the air and surface transport combined, provided that shippers are not misled as to the facts concerning such transport. Franchising and branding. 1618. The air carriers of each Party shall be entitled to enter into franchising or branding arrangements with companies, including air carriers, of either Party or third countries, provided that the air carriers hold the appropriate authority and meet the conditions prescribed under the laws and regulations normally applied by the Parties to such arrangements, in particular particularly those requiring the disclosure of the identity of the air carrier operating the service. 19. The air carriers of each Party may, enter into arrangements for the provision of aircraft with or without crew for the operation of international air transport with: (a) any air carrier or carriers of the Parties; and (b) any air carrier or carriers of a third country; provided that all participants in such arrangements hold the appropriate authority and meet the conditions prescribed under the respective laws and regulations applied by the Parties to such arrangements. Neither Party shall require the air carrier providing the aircraft to hold traffic rights under this Agreement for the routes on which the aircraft will be operated. The Parties may require these arrangements to be approved by their competent authorities. Where a Party requires such approval, it shall minimise the administrative burdens for air carriers of the approval procedures.

Appears in 2 contracts

Samples: Common Aviation Area Agreement, Common Aviation Area Agreement

Commercial Opportunities. Doing business 1. The Parties agree that obstacles to doing business encountered by of commercial operators would hamper the benefits to be achieved by this Agreement. The Parties shall therefore agree to engage in an effective and reciprocal process of removal of obstacles to doing business of commercial operators of both Parties where such obstacles may hamper commercial operationsoper­ ations, create distortions to competition or affect equal opportunities to competehamper the devel­ opment of a level playing field. 2. The Joint Committee referred to set up in accordance with Article 22 (Joint Committee) of this Agreement shall develop a process of cooperation in relation to doing business and commercial opportunities; shall monitor progress in effectively addressing obstacles to doing business of commercial operators and shall regularly review developments, including, if necessary, towards legislative and regulatory changes. In accordance with Article 22, 22 (Joint Committee) of this Agreement a Party may request a meeting of the Joint Committee to discuss any question related to the application of this Articlearticle. Air carrier representativesCarrier Representatives 3. The air carriers of each Party shall have the right to freely establish offices and facilities in the territory of the other Party required for the provision of air transport and for the promotion and sale of air transport and related activities, including the right to sell and to issue any ticket and/or air waybillairwaybill, both of its own and tickets and/or airwaybills of any other air carrier. 4. The air carriers of each Party shall be entitled, in accordance with the laws and regulations of the other Party relating to entry, residence residence, and employment, to bring in and maintain in the territory of the other Party managerial, sales, technical, operational operational, and other specialist staff who are required to support the provision of air transport. These staff requirements may, at the option of the air carriers, be satisfied by its own personnel or by using the services of any other organisation, company or air carrier operating in the territory of the other Party, authorised to perform such services in the territory of that Party. Both Parties shall facilitate and expedite the granting of employment authorisations, where required, for personnel employed in the offices according to this paragraph, including those performing certain temporary duties not exceeding 90 ninety (90) days, subject to the relevant laws and regulations in force. The air carriers of Ground Handling (a) Without prejudice to point (b) below, each Party may freely choose to work with or without a general sales agent of their choice in the territory of the other Party. Ground handling 5. Each air carrier shall have in relation to ground handling groundhandling in the territory of the other Party: (ai) the right to perform its own ground handling groundhandling (self-‘self- handling); ’) or, at its option (bii) the right to select among competing suppliers, including other air carriers, suppliers that provide ground handling groundhandling services in whole or in part where such suppliers are allowed market access on the basis of the laws and regulations of each Party, and where such suppliers are present in the market. The . (b) For the following categories of groundhandling services, i.e. baggage handling, ramp handling, fuel and oil handling, freight and mail handling as regards the physical handling of freight and mail between the air terminal and the aircraft, the rights set out in points under point (a) (i) and (bii) may be subject to constraints according to the laws and regulations applicable in the territory of the first subparagraph shall be subject only to specific constraints of available space or capacity arising from the need to maintain safe operation of the airportother Party. Where such constraints limit, prevent or preclude self-handling and where there is no effective competition between suppliers that provide ground handling groundhandling services, the relevant Party shall ensure that all such services are shall be available on both an equal and an adequate non-discriminatory basis to all air carriers; prices of such services shall be determined according to relevant, objective, transparent and non-discriminatory criteria. Allocation of slots at airportsGround Handling for Third Parties 6. Each Party groundhandling company, whether an air carrier or not, shall ensure that its regulations, guidelines and procedures for allocation of slots at have in relation to groundhandling in the airports in its territory are applied in a transparent, effective, non-discriminatory and timely manner. Operational plans, programmes and schedules 7. Notification of operational plans, programmes or schedules for air services operated under this Agreement may be required by a Party for information purposes only. If a Party requires such notification, it shall minimise the administrative burdens of notification requirements and procedures on air transport intermediaries and on air carriers of the other PartyParty the right to provide groundhandling services for airlines operating at the same airport, where authorised and consistent with applicable laws and regulations. Sales, local expenses Local Expenses, and transfer Transfer of fundsFunds 87. Any air carrier of each Party may engage in the sale of air transport transportation and related services in the territory of the other Party directly and/or, at the air carrier's discretion, through its sales agents, through other intermediaries appointed by the air carrier, through another air carrier or through the internet or any other available channelinternet. Each air carrier shall have the right to sell such transport and related servicestransportation, and any person shall be free to purchase such transport and related servicestransportation, in the currency of that territory or in freely convertible currenciescurrencies in accordance with the local currency legislation. 8. Each air carrier shall have the right to convert into freely convertible currencies and remit from the territory of the other Party to its home territory and, except where inconsistent with generally applicable law or regulation, to the country or countries of its choice, on demand, local revenues. Conversion and remittance shall be permitted promptly without restrictions or taxation in respect thereof at the rate of exchange applicable to current transactions and remittance on the date the carrier makes the initial application for remittance. 9. The air carriers of each Party shall be permitted to pay for local expenses, including, but not limited to, including purchases of fuel, in the territory of the other Party in local currency. At their discretion, the air carriers of each Party may pay for such expenses in the territory of the other Party in freely convertible currencies at the market rate of exchange.in accordance with local currency legislation. Cooperative Arrangements 10. Each air carrier shall have the right to convert, on demand, local revenues into freely convertible currencies and remit such revenues at any time, and in any way, from the territory of the other Party to the country of its choice. Conversion and remittance shall be permitted promptly without restrictions or taxation in respect thereof at the market rate of exchange applicable to current transactions and remittance on the date the carrier makes the initial application for remittance and shall not be subject to any charges except those normally made by banks for carrying out such conversion and remittance. Cooperative marketing arrangements 11. In operating or holding out services under this Agreement, any air carrier of a Party may enter into cooperative marketing arrangements, such as blocked-space agreements or code-sharing arrangements, with: (a) any air carrier or carriers of the Parties;; and (b) any air carrier or carriers of a third country; and/orand (c) any surface (land or maritime) transport provider of any country, provider; provided that that: (i) the operating carrier holds the appropriate traffic rights; , (ii) the marketing carriers hold the appropriate underlying route(s) in the route schedule; and authority, and (iii) the arrangements meet the regulatory requirements relating to safety and competition normally applied to such arrangements. 12. In operating or holding out services under this Agreement, any air carrier of a Party may enter into cooperative marketing arrangements, such as blocked-space or code-sharing arrangements, with a carrier that is operating a domestic sector, provided that (i) this is part of an international journey and (ii) the arrangements meet the requirements normally applied to such arrangements. For the purposes of this paragraph, a "domestic sector" means, where the operating carrier is a carrier of the Union, a route within the territory of an EU Member State and, where the operating carrier is a carrier of Qatar, a route within the territory of Qatar. 13. In respect of passenger transport sold involving cooperative marketing arrangementscode-shares, the purchaser shall be informed at the point of sale, or in any case at check-in, or before boarding where no check-in is required for a connecting flightboarding, which transport providers will operate each sector of the service. Intermodal services. 14. (a) In relation to the transport of passengers, surface transport providers shall not be subject to laws and regulations governing air transport on the sole basis that such surface transport is held out by an air carrier under its own name. Surface transport providers have the discretion to decide whether to enter into cooperative arrangements. In deciding on any particular arrangement, surface transport providers may consider, among other things, consumer interests and technical, economic, space, and capacity constraints. 15. Notwithstanding (b) Moreover, and notwithstanding any other provision of this Agreement, air carriers and indirect providers of cargo transport of the Parties shall be permitted, without restriction, to employ in connection with international air transport any surface transport for cargo to or from any point points in the territories of the PartiesRepublic of Moldova and the European Union, or in third countriescoun­ tries, including transport to and from all airports with customs facilities, and including, where applicableappli­ cable, the right to transport cargo in bond under applicable laws and regulations. Such cargo, whether moving by surface or by air, shall have access to airport customs processing and facilities. Air carriers may elect to perform their own surface transport or to provide it through arrangements with other surface transport providerscarriers, including surface transport operated by other air carriers and indirect providers of cargo air transport. Such intermodal cargo services may be offered at a single, through-through price for the air and surface transport combined, provided that shippers are not misled as to the facts concerning such transport. Franchising Leasing 12. The air carriers of each Party shall be entitled to provide the agreed services using aircraft and brandingcrew leased from any air carrier, including from third countries, provided that all participants in such arrangements meet the conditions prescribed under the laws and regulations normally applied by the Parties to such arrangements. 16(a) Neither Party shall require the air carriers leasing out their equipment to hold traffic rights under this agreement. (b) The leasing with crew (wet-leasing) by an air carrier of the Republic of Moldova of an aircraft of an air carrier of a third country, or, by an air carrier of the European Union, of an aircraft of an air carrier of a third country other than those mentioned in Annex IV to this Agreement, in order to exploit the rights envisaged in this Agreement, shall remain exceptional or meet temporary needs. It shall be submitted for prior approval of the licensing authority of the leasing air carrier and to the competent authority of the other Party. Franchising/Branding 13. The air carriers of each Party shall be entitled to enter into franchising or branding arrangements with companies, including air carriers, of either Party or third countries, provided that the air carriers hold the appropriate authority and meet the conditions prescribed under the laws and regulations normally regu­ lations applied by the Parties to such arrangements, in particular particularly those requiring the disclosure of the identity of the air carrier operating the service.

Appears in 2 contracts

Samples: Common Aviation Area Agreement, Common Aviation Area Agreement

Commercial Opportunities. Doing business 1. The Parties agree that obstacles to doing business encountered by of commercial operators would hamper the benefits to be achieved by this Agreement. The Parties shall therefore agree to engage in an effective and reciprocal process of removal of obstacles to doing business of commercial operators of both Parties where such obstacles may hamper commercial operations, create distortions to competition or affect equal opportunities to competehamper the development of a level playing field. 2. The Joint Committee referred to set up in accordance with Article 22 (Joint Committee) of this Agreement shall develop a process of cooperation in relation to doing business and commercial opportunities; shall monitor progress in effectively addressing obstacles to doing business of commercial operators and shall regularly review developments, including, if necessary, towards legislative and regulatory changes. In accordance with Article 22, 22 (Joint Committee) of this Agreement a Party may request a meeting of the Joint Committee to discuss any question related to the application of this Articlearticle. Air carrier representativesCarrier Representatives 3. The air carriers of each Party shall have the right to freely establish offices and facilities in the territory of the other Party required for the provision of air transport and for the promotion and sale of air transport and related activities, including the right to sell and to issue any ticket and/or air waybillairwaybill, both of its own and tickets and/or airwaybills of any other air carrier. 4. The air carriers of each Party shall be entitled, in accordance with the laws and regulations of the other Party relating to entry, residence residence, and employment, to bring in and maintain in the territory of the other Party managerial, sales, technical, operational operational, and other specialist staff who are required to support the provision of air transport. These staff requirements may, at the option of the air carriers, be satisfied by its own personnel or by using the services of any other organisation, company or air carrier operating in the territory of the other Party, authorised to perform such services in the territory of that Party. Both Parties shall facilitate and expedite the granting of employment authorisations, where required, for personnel employed in the offices according to this paragraph, including those performing certain temporary duties not exceeding 90 ninety (90) days, subject to the relevant laws and regulations in force. The air carriers of Ground Handling (a) Without prejudice to point (b) below, each Party may freely choose to work with or without a general sales agent of their choice in the territory of the other Party. Ground handling 5. Each air carrier shall have in relation to ground handling groundhandling in the territory of the other Party: (ai) the right to perform its own ground handling groundhandling ("self-handling); ") or, at its option (bii) the right to select among competing suppliers, including other air carriers, suppliers that provide ground handling groundhandling services in whole or in part where such suppliers are allowed market access on the basis of the laws and regulations of each Party, and where such suppliers are present in the market. The . (b) For the following categories of groundhandling services, i.e. baggage handling, ramp handling, fuel and oil handling, freight and mail handling as regards the physical handling of freight and mail between the air terminal and the aircraft, the rights set out in points under point (a) (i) and (bii) may be subject to constraints according to the laws and regulations applicable in the territory of the first subparagraph shall be subject only to specific constraints of available space or capacity arising from the need to maintain safe operation of the airportother Party. Where such constraints limit, prevent or preclude self-handling and where there is no effective competition between suppliers that provide ground handling groundhandling services, the relevant Party shall ensure that all such services are shall be available on both an equal and an adequate non discriminatory basis to all air carriers; prices of such services shall be determined according to relevant, objective, transparent and non-discriminatory criteria. Allocation of slots at airportsGround Handling for Third Parties 6. Each Party groundhandling company, whether an air carrier or not, shall ensure that its regulations, guidelines and procedures for allocation of slots at have in relation to groundhandling in the airports in its territory are applied in a transparent, effective, non-discriminatory and timely manner. Operational plans, programmes and schedules 7. Notification of operational plans, programmes or schedules for air services operated under this Agreement may be required by a Party for information purposes only. If a Party requires such notification, it shall minimise the administrative burdens of notification requirements and procedures on air transport intermediaries and on air carriers of the other PartyParty the right to provide groundhandling services for airlines operating at the same airport, where authorised and consistent with applicable laws and regulations. Sales, local expenses Local Expenses, and transfer Transfer of fundsFunds 87. Any air carrier of each Party may engage in the sale of air transport transportation and related services in the territory of the other Party directly and/or, at the air carrier's discretion, through its sales agents, through other intermediaries appointed by the air carrier, through another air carrier or through the internet or any other available channelinternet. Each air carrier shall have the right to sell such transport and related servicestransportation, and any person shall be free to purchase such transport and related servicestransportation, in the currency of that territory or in freely convertible currenciescurrencies in accordance with the local currency legislation. 8. Each air carrier shall have the right to convert into freely convertible currencies and remit from the territory of the other Party to its home territory and, except where inconsistent with generally applicable law or regulation, to the country or countries of its choice, on demand, local revenues. Conversion and remittance shall be permitted promptly without restrictions or taxation in respect thereof at the rate of exchange applicable to current transactions and remittance on the date the carrier makes the initial application for remittance. 9. The air carriers of each Party shall be permitted to pay for local expenses, including, but not limited to, including purchases of fuel, in the territory of the other Party in local currency. At their discretion, the air carriers of each Party may pay for such expenses in the territory of the other Party in freely convertible currencies at the market rate of exchange.in accordance with local currency legislation. Cooperative Arrangements 10. Each air carrier shall have the right to convert, on demand, local revenues into freely convertible currencies and remit such revenues at any time, and in any way, from the territory of the other Party to the country of its choice. Conversion and remittance shall be permitted promptly without restrictions or taxation in respect thereof at the market rate of exchange applicable to current transactions and remittance on the date the carrier makes the initial application for remittance and shall not be subject to any charges except those normally made by banks for carrying out such conversion and remittance. Cooperative marketing arrangements 11. In operating or holding out services under this Agreement, any air carrier of a Party may enter into cooperative marketing arrangements, such as blocked-space agreements or code-sharing arrangements, with: (a) any air carrier or carriers of the Parties;; and (b) any air carrier or carriers of a third country; and/orand (c) any surface (land or maritime) transport provider of any country, provider; provided that that: (i) the operating carrier holds the appropriate traffic rights; , (ii) the marketing carriers hold the appropriate underlying route(s) in the route schedule; and authority, and (iii) the arrangements meet the regulatory requirements relating to safety and competition normally applied to such arrangements. 12. In operating or holding out services under this Agreement, any air carrier of a Party may enter into cooperative marketing arrangements, such as blocked-space or code-sharing arrangements, with a carrier that is operating a domestic sector, provided that (i) this is part of an international journey and (ii) the arrangements meet the requirements normally applied to such arrangements. For the purposes of this paragraph, a "domestic sector" means, where the operating carrier is a carrier of the Union, a route within the territory of an EU Member State and, where the operating carrier is a carrier of Qatar, a route within the territory of Qatar. 13. In respect of passenger transport sold involving cooperative marketing arrangementscode-shares, the purchaser shall be informed at the point of sale, or in any case at check-in, or before boarding where no check-in is required for a connecting flightboarding, which transport providers will operate each sector of the service. Intermodal services. 14. (a) In relation to the transport of passengers, surface transport providers shall not be subject to laws and regulations governing air transport on the sole basis that such surface transport is held out by an air carrier under its own name. Surface transport providers have the discretion to decide whether to enter into cooperative arrangements. In deciding on any particular arrangement, surface transport providers may consider, among other things, consumer interests and technical, economic, space, and capacity constraints. 15. Notwithstanding (b) Moreover, and notwithstanding any other provision of this Agreement, air carriers and indirect providers of cargo transport of the Parties shall be permitted, without restriction, to employ in connection with international air transport any surface transport for cargo to or from any point points in the territories of the PartiesRepublic of Moldova and the European Union, or in third countries, including transport to and from all airports with customs facilities, and including, where applicable, the right to transport cargo in bond under applicable laws and regulations. Such cargo, whether moving by surface or by air, shall have access to airport customs processing and facilities. Air carriers may elect to perform their own surface transport or to provide it through arrangements with other surface transport providerscarriers, including surface transport operated by other air carriers and indirect providers of cargo air transport. Such intermodal cargo services may be offered at a single, through-through price for the air and surface transport combined, provided that shippers are not misled as to the facts concerning such transport. Franchising and branding 16. The air carriers of each Party shall be entitled to enter into franchising or branding arrangements with companies, including air carriers, of either Party or third countries, provided that the air carriers hold the appropriate authority and meet the conditions prescribed under the laws and regulations normally applied by the Parties to such arrangements, in particular those requiring the disclosure of the identity of the air carrier operating the service.

Appears in 1 contract

Samples: Common Aviation Area Agreement

Commercial Opportunities. Doing business 1. The Parties agree that obstacles to doing business encountered by commercial operators would hamper the benefits to be achieved by this Agreementagreement. The Parties shall therefore engage in an effective and reciprocal process of removal of obstacles to doing business of commercial operators of both Parties where such obstacles may hamper commercial operations, create distortions to competition or affect equal opportunities to compete. 2. The Joint Committee referred to in Article article 22 shall develop a process of cooperation in relation to doing business and commercial opportunities. In accordance with Article article 22, a Party may request a meeting of the Joint Committee to discuss any question related to the application of this Articlearticle. Air air carrier representatives 3. The air carriers of each Party shall have the right to freely establish offices and facilities in the territory of the other Party required for the provision of air transport and for the promotion and sale of air transport and related activities, including the right to sell and to issue any ticket and/or air waybill, both of its own and of any other air carrier. 4. The air carriers of each Party shall be entitled, in accordance with the laws and regulations of the other Party relating to entry, residence and employment, to bring in and maintain in the territory of the other Party managerial, sales, technical, operational and other specialist staff who are required to support the provision of air transport. Both Parties shall facilitate and expedite the granting of employment authorisations, where required, for personnel employed in the offices according to this paragraph, including those performing certain temporary duties not exceeding 90 days, subject to the relevant laws and regulations in force. The air carriers of each Party may freely choose to work with or without a general sales agent of their choice in the territory of the other Party. Ground handling 5. Each air carrier shall have in relation to ground handling in the territory of the other Party: (a) the right to perform its own ground handling (self-handling); or (b) the right to select among competing suppliers, including other air carriers, that provide ground handling services in whole or in part where such suppliers are allowed market access on the basis of the laws and regulations of each Party, and where such suppliers are present in the market. The rights set out in points (a) and (b) of the first subparagraph shall be subject only to specific constraints of available space or capacity arising from the need to maintain safe operation of the airport. Where such constraints limit, prevent or preclude self-handling and where there is no effective competition between suppliers that provide ground handling services, the relevant Party shall ensure that all such services are available on both an equal and an adequate basis to all air carriers; prices of such services shall be determined according to relevant, objective, transparent and non-discriminatory criteria. Allocation allocation of slots at airports 6. Each Party shall ensure that its regulations, guidelines and procedures for allocation of slots at the airports in its territory are applied in a transparent, effective, non-discriminatory and timely manner. Operational plans, programmes and schedules 7. Notification of operational plans, programmes or schedules for air services operated under this Agreement agreement may be required by a Party for information purposes only. If a Party requires such notification, it shall minimise the administrative burdens of notification requirements and procedures on air transport intermediaries and on air carriers of the other Party. Sales, local expenses and transfer of funds 8. Any any air carrier of each Party may engage in the sale of air transport and related services in the territory of the other Party directly and/or, at the air carrier's discretion, through its sales agents, through other intermediaries appointed by the air carrier or through the internet or any other available channel. Each air carrier shall have the right to sell such transport and related services, and any person shall be free to purchase such transport and related services, in the currency of that territory or in freely convertible currencies. 9. The air carriers of each Party shall be permitted to pay for local expenses, including, but not limited to, purchases of fuel, in the territory of the other Party in local currency. At at their discretion, the air carriers of each Party may pay for such expenses in the territory of the other Party in freely convertible currencies at the market rate of exchange. 10. Each air carrier shall have the right to convert, on demand, local revenues into freely convertible currencies and remit such revenues at any time, and in any way, from the territory of the other Party to the country of its choice. Conversion and remittance shall be permitted promptly without restrictions or taxation in respect thereof at the market rate of exchange applicable to current transactions and remittance on the date the carrier makes the initial application for remittance and shall not be subject to any charges except those normally made by banks for carrying out such conversion and remittance. Cooperative marketing arrangements 11. In operating or holding out services under this Agreementagreement, any air carrier of a Party may enter into cooperative marketing arrangements, such as blocked-space or code-sharing arrangements, with: (a) any air carrier or carriers of the Parties; (b) any air carrier or carriers of a third country; and/or (c) any surface (land or maritime) transport provider of any country, provided that (i) the operating carrier holds the appropriate traffic rights; (ii) the marketing carriers hold the appropriate underlying route(s) in the route schedule; and (iii) the arrangements meet the regulatory requirements normally applied to such arrangements. 12. In operating or holding out services under this Agreementagreement, any air carrier of a Party may enter into cooperative marketing arrangements, such as blocked-space or code-sharing arrangements, with a carrier that is operating a domestic sector, provided that (i) this is part of an international journey and (ii) the arrangements meet the requirements normally applied to such arrangements. For the purposes of this paragraph, a "domestic sector" means, where the operating carrier is a carrier of the Union, a route within the territory of an EU Member State and, where the operating carrier is a carrier of Qatar, a route within the territory of Qatar. 13. In respect of passenger transport sold involving cooperative marketing arrangements, the purchaser shall be informed at the point of sale, or in any case at check-in, or before boarding where no check-in is required for a connecting flight, which transport providers will operate each sector of the service. Intermodal services 14. In relation to the transport of passengers, surface transport providers shall not be subject to laws and regulations governing air transport on the sole basis that such surface transport is held out by an air carrier under its own name. 15. Notwithstanding any other provision of this Agreementagreement, air carriers and indirect providers of cargo transport of the Parties shall be permitted, without restriction, to employ in connection with international air transport any surface transport for cargo to or from any point in the territories of the Parties, or in third countries, including transport to and from all airports with customs facilities, and including, where applicable, the right to transport cargo in bond under applicable laws and regulations. Such cargo, whether moving by surface or by air, shall have access to airport customs processing and facilities. Air air carriers may elect to perform their own surface transport or to provide it through arrangements with other surface transport providers, including surface transport operated by other air carriers and indirect providers of cargo air transport. Such intermodal cargo services may be offered at a single, through-price for the air and surface transport combined, provided that shippers are not misled as to the facts concerning such transport. Franchising and branding 16. The air carriers of each Party shall be entitled to enter into franchising or branding arrangements with companies, including air carriers, of either Party or third countries, provided that the air carriers hold the appropriate authority and meet the conditions prescribed under the laws and regulations normally applied by the Parties to such arrangements, in particular those requiring the disclosure of the identity of the air carrier operating the service.

Appears in 1 contract

Samples: Air Transport Agreement

Commercial Opportunities. Doing business 1. The Parties agree that obstacles to doing business encountered by commercial operators would hamper the benefits to be achieved by this Agreement. The Parties shall therefore engage in an effective and reciprocal process of removal of obstacles to doing business of commercial operators of both Parties where such obstacles may hamper commercial operations, create distortions to competition or affect equal opportunities to compete. 2. The Joint Committee referred pursuant to in Article 22 of this Agreement shall develop a process of cooperation in relation to doing business and commercial opportunities. In accordance with Article 22, 22 of this Agreement a Party may request a meeting of the Joint Committee to discuss any question related to the application of this Article. Air carrier representatives 3. The air carriers of each Party shall have the right to freely establish offices and facilities in the territory of the other Party required for the provision of air transport and for the promotion and sale of air transport and related activities, activities including the right to sell and to issue any ticket and/or air waybill, both of its own and of any other air carrier. 4. The air carriers of each Party shall be entitled, in accordance with the laws and regulations of the other Party relating to entry, residence residence, and employment, to bring in and maintain in the territory of the other Party managerial, sales, technical, operational operational, and other specialist staff who are required to support the provision of air transport. Both Parties shall facilitate and expedite the granting of employment authorisations, where required, for personnel employed in the offices according to this paragraph, including those performing certain temporary duties not exceeding 90 ninety (90) days, subject to the relevant laws and regulations in force. The air carriers of each Party may freely choose to work with or without a general sales agent of their choice in the territory of the other Party. Ground handling 5. Each air carrier shall have in relation to ground handling in the territory of the other Party: (a) the right to perform its own ground handling (self-handling); or (b) the right to select among competing suppliers, including other air carriers, that provide ground handling services in whole or in part where such suppliers are allowed market access on the basis of the laws and regulations of each Party, and where such suppliers are present in the market. The rights set out in points under (a) and (b) of the first subparagraph this paragraph shall be subject only to specific constraints of available space or capacity arising from the need to maintain safe operation of the airport. Where such constraints limit, prevent or preclude self-handling and where there is no effective competition between suppliers that provide ground handling services, the relevant Party shall ensure that all such services are available on both an equal and an adequate basis to all air carriers; prices of such services shall be determined according to relevant, objective, transparent and non-discriminatory criteria. Allocation of slots at airports 6. Each Party shall ensure that its regulations, guidelines and procedures for allocation of slots at the airports in its territory are applied in a transparent, effective, non-discriminatory and timely manner. Operational plans, programmes and schedules 7. Notification of operational plans, programmes or schedules for air services operated under this Agreement may be required by a Party for information purposes only. If a Party requires such notification, it shall minimise the administrative burdens of notification requirements and procedures on air transport intermediaries and on air carriers of the other Party. Sales, local expenses and transfer of funds 8. Any air carrier of each Party may engage in the sale of air transport and related services in the territory of the other Party directly and/or, at the air carrier's discretion, through its sales agents, through other intermediaries appointed by the air carrier or through the internet or any other available channel. Each air carrier shall have the right to sell such transport and related services, and any person shall be free to purchase such transport and related services, in the currency of that territory or in freely convertible currencies. 9. The air carriers of each Party shall be permitted to pay for local expenses, including, but not limited to, purchases of fuel, in the territory of the other Party in local currency. At their discretion, the air carriers of each Party may pay for such expenses in the territory of the other Party in freely convertible currencies at the market rate of exchange. 10. Each air carrier shall have the right on demand to convert, on demand, local revenues convert into freely convertible currencies and remit such revenues at any time, and in any way, from the territory of the other Party to the country of its choice, local revenues. Conversion and remittance shall be permitted promptly without restrictions or taxation in respect thereof at the market rate of exchange applicable to current transactions and remittance on the date the carrier makes the initial application for remittance and shall not be subject to any charges except those normally made by banks for carrying out such conversion and remittance. Cooperative marketing arrangements 11. In operating or holding out services under this Agreement, any air carrier of a Party may enter into cooperative marketing arrangements, such as blocked-space or code-sharing arrangements, with: (a) any air carrier or carriers of the Parties; (b) any air carrier or carriers of a third country; and/or (c) any surface (land or maritime) transport provider of any country, ; provided that (i) the operating carrier holds the appropriate traffic rights; (ii) the marketing carriers hold the appropriate underlying route(s) in the route schedule; and (iii) the arrangements meet the regulatory requirements normally applied to such arrangements. 12. In operating or holding out services under this Agreement, any air carrier of a Party may enter into cooperative marketing arrangements, such as blocked-space or code-sharing arrangements, with a carrier that is operating a domestic sector, provided that (i) this is part of an international journey and (ii) the arrangements meet the requirements normally applied to such arrangements. For the purposes purpose of this paragraph, a "domestic sector" sector means, where the operating carrier is a carrier of the Olympian Union, a route within the territory of an EU OU Member State and, State; and where the operating carrier is a carrier of QatarTerra Xxxxxxxxx, a route within the territory of QatarTerra Xxxxxxxxx. 13. In respect of passenger transport sold involving cooperative marketing arrangements, the purchaser shall be informed at the point of sale, or in any case at check-in, or before boarding where no check-in is required for a connecting flight, which transport providers will operate each sector of the service. Intermodal services 14. In relation to the transport of passengers, surface transport providers shall not be subject to laws and regulations governing air transport on the sole basis that such surface transport is held out by an air carrier under its own name. 15. Notwithstanding any other provision of this Agreement, air carriers and indirect providers of cargo transport of the Parties shall be permitted, without restriction, to employ in connection with international air transport any surface transport for cargo to or from any point in the territories of the Parties, or in third countries, including transport to and from all airports with customs facilities, and including, where applicable, the right to transport cargo in bond under applicable laws and regulations. Such cargo, whether moving by surface or by air, shall have access to airport customs processing and facilities. Air carriers may elect to perform their own surface transport or to provide it through arrangements with other surface transport providers, including surface transport operated by other air carriers and indirect providers of cargo air transport. Such intermodal cargo services may be offered at a single, through-price for the air and surface transport combined, provided that shippers are not misled as to the facts concerning such transport. Franchising and branding 16. The air carriers of each Party shall be entitled to enter into franchising or branding arrangements with companies, including air carriers, of either Party or third countries, provided that the air carriers hold the appropriate authority and meet the conditions prescribed under the laws and regulations normally applied by the Parties to such arrangements, in particular those requiring the disclosure of the identity of the air carrier operating the service.

Appears in 1 contract

Samples: Air Transport Agreement

Commercial Opportunities. Doing business1. Subject to the transitional provisions set out in Annex I, the Parties shall ensure that their relevant legislation, rules or procedures comply with the regulatory requirements and standards relating to air transport specified in Annex II, Part A. 12. The Parties agree that obstacles to doing business encountered by commercial operators would hamper the benefits to be achieved by this Agreement. The Parties shall therefore engage in an effective and reciprocal process of removal of to remove obstacles to doing business of encountered by commercial operators of both Parties where such obstacles may hamper commercial operations, operations or create distortions to competition or affect equal opportunities to compete. 23. Air carriers of the two Parties shall not be required to retain a local sponsor. 4. The Joint Committee referred to in Article 22 shall develop a process of cooperation in relation to doing business and commercial opportunities, shall monitor progress in effectively addressing obstacles to doing business encountered by commercial operators and shall regularly review developments, including towards legislative and regulatory changes. In accordance with Article 2223, a Party may request a meeting of the Joint Committee to discuss any question related to the application of this Article. Air carrier representatives. 35. The air carriers of each Party shall have the right to freely establish offices and facilities in the territory of the other Party where such offices and facilities are required for the provision of air transport and for the promotion and sale of air transport and related activities, including the right to sell and to issue any ticket and/or air waybill, both or airway xxxx of its own and or of any other air carrier. 46. The air carriers of each Party shall be entitled, in accordance with the laws and regulations of the other Party relating to entry, residence residence, and employment, to bring in and maintain in the territory of the other Party managerial, sales, technical, operational operational, and other specialist staff who are required to support the provision of air transport. Both Parties shall facilitate and expedite the granting of employment authorisations, where required, for personnel employed in the offices according to this paragraph, including those performing certain temporary duties not exceeding 90 days, subject to the relevant laws and regulations in force. 7. The air carriers of Without prejudice to the second subparagraph, each Party may freely choose to work with or without a general sales agent of their choice in the territory of the other Party. Ground handling 5. Each air carrier shall have in relation to ground handling in the territory of the other Party: (a) the right to perform its own ground handling (self-handling); or (b) the right to select among competing suppliers, including other air carriers, that provide ground handling services in whole or in part where such suppliers are allowed market access on the basis of the laws and regulations of each Party, and where such suppliers are present in the market. The rights set out in under points (a) and (b) of the first subparagraph shall be subject only to specific constraints of available space or capacity arising from the need to maintain the safe operation of the airport. Where such constraints limit, prevent or preclude self-handling and where there is no effective competition between suppliers that provide ground handling services, the relevant Party shall ensure that all such services are available on both an equal and an adequate basis to all air carriers; prices of such services shall be determined according to relevant, objective, transparent and non-discriminatory criteria. 8. Allocation Each supplier of slots ground handling services, whether an air carrier or not, shall have in relation to ground handling in the territory of the other Party the right to provide ground handling services for air carriers operating at airportsthe same airport, where authorised and consistent with applicable laws and regulations. 69. Each Party shall ensure that its regulations, guidelines and procedures for allocation of slots at the airports in its territory are applied in a an independent, transparent, effective, non-discriminatory and timely manner. Operational plans, programmes and schedules. 710. Notification of operational plans, programmes or schedules for air services operated under this Agreement may be required by a Party for information purposes onlyonly in order to being able to verify that the rights granted under this Agreement are respected. If a Party requires such notification, it shall minimise the administrative burdens of notification requirements and procedures on air transport intermediaries and on air carriers of the other Party. Sales, local expenses and transfer of funds. 811. Any air carrier of each Party may engage in the sale of air transport and related services in the territory of the other Party directly and/oror, at the air carrier's discretion, through its sales agents, through other intermediaries appointed by the air carrier or through the internet or any other available channel. Each air carrier shall have the right to sell such transport and related services, and any person shall be free to purchase such transport and related services, in the currency of that territory or in freely convertible currencies. 912. The air carriers of each Party shall be permitted to pay for local expenses, including, but not limited to, including purchases of fuel, fuel and payment of airport charges in the territory of the other Party in local currency. At their discretion, the air carriers of each Party may pay for such expenses in the territory of the other Party in freely convertible currencies at the market rate of exchange. 1013. Each air carrier shall have the right on demand to convert, on demand, local revenues convert into freely convertible currencies and remit such revenues at any time, and in any way, from the territory of the other Party to the country of its choice, local revenues. Conversion and remittance shall be permitted promptly without restrictions or taxation in respect thereof at the market rate of exchange applicable to current transactions and remittance on the date the air carrier makes the initial application for remittance and shall not be subject to any charges except those normally made by banks for carrying out such conversion and remittance. Cooperative marketing arrangements. 1114. In operating or holding out services under this Agreement, any air carrier of a Party may enter into cooperative marketing arrangements, such as blocked-space or code-sharing arrangements, with: (a) any air carrier or carriers of the Parties; (b) any air carrier or carriers of a third country; and/orand (c) any surface (land or maritime) transport provider of any country, ; provided that (i) the operating carrier holds the appropriate traffic rights; , (ii) the marketing carriers hold the appropriate underlying route(s) in the route schedule; rights and (iii) the arrangements meet the regulatory requirements relating to safety and competition normally applied to such arrangements. 12. In operating or holding out services under this Agreement, any air carrier of a Party may enter into cooperative marketing arrangements, such as blocked-space or code-sharing arrangements, with a carrier that is operating a domestic sector, provided that (i) this is part of an international journey and (ii) the arrangements meet the requirements normally applied to such arrangements. For the purposes of this paragraph, a "domestic sector" means, where the operating carrier is a carrier of the Union, a route within the territory of an EU Member State and, where the operating carrier is a carrier of Qatar, a route within the territory of Qatar. 1315. In respect to the transport of passenger transport passengers sold involving cooperative marketing arrangements, the purchaser shall be informed at the point of sale, or in any case at check-in, or before boarding where no check-in is required for a connecting flight, which transport providers will operate each sector of the service. Intermodal services. 1416. In relation to the transport of passengers, surface transport providers shall not be subject to laws and regulations governing air transport on the sole basis that such surface transport is held out by an air carrier under its own name. 1517. Notwithstanding any other provision of this Agreement, air carriers and indirect providers of cargo transport of the Parties shall be permitted, without restriction, to employ in connection with international air transport any surface transport for cargo to or from any point points in the territories of the Parties, or in third countries, including transport to and from all airports internationally recognised with customs facilities, and including, where applicable, the right to transport cargo in bond under applicable laws and regulations. Such cargo, whether moving by surface or by air, shall have access to airport customs processing and facilities. Air carriers may elect to perform their own surface transport or to provide it through arrangements with other surface transport providers, including surface transport operated by other air carriers and indirect providers of cargo air transport. Such intermodal cargo services may be offered at a single, through-through price for the air and surface transport combined, provided that shippers are not misled as to the facts concerning such transport. Franchising and branding. 1618. The air carriers of each Party shall be entitled to enter into franchising or branding arrangements with companies, including air carriers, of either Party or third countries, provided that the air carriers hold the appropriate authority and meet the conditions prescribed under the laws and regulations normally applied by the Parties to such arrangements, in particular particularly those requiring the disclosure of the identity of the air carrier operating the service. 19. The air carriers of each Party may enter into arrangements for the provision of aircraft with or without crew for the operation of international air transport with: (a) any air carrier or carriers of the Parties; and (b) any air carrier or carriers of a third country, provided that all participants in such arrangements hold the appropriate authority and meet the conditions prescribed under the respective laws and regulations applied by the Parties to such arrangements. Neither Party shall require the air carrier providing the aircraft to hold traffic rights under this Agreement for the routes on which the aircraft will be operated. The Parties may require these arrangements to be approved by their competent authorities. Where a Party requires such approval, it shall minimise the administrative burdens for air carriers of the approval procedures.

Appears in 1 contract

Samples: Common Aviation Area Agreement

Commercial Opportunities. Doing business 1. The Parties agree that obstacles to doing business encountered by of commercial operators would hamper the benefits to be achieved by this Agreement. The Parties shall therefore agree to engage in an effective and reciprocal process of removal of obstacles to doing business of commercial operators of both Parties where such obstacles may hamper commercial operations, create distortions to competition or affect equal opportunities to competehamper the development of a level playing field. 2. The Joint Committee referred to set up in accordance with Article 22 29 (Joint Committee) of this Agreement shall develop a process of cooperation in relation to doing business and commercial opportunities; shall monitor progress in effectively addressing obstacles to doing business of commercial operators and shall regularly review developments, including, if necessary, towards legislative and regulatory changes. In accordance with Article 22, 29 (Joint Committee) of this Agreement a Party may request a meeting of the Joint Committee to discuss any question related to the application of this Article. Air carrier representativesthe present article. 3. The air carriers of each Party shall have the right to freely establish offices and facilities in the territory of the other Party required for the provision of air transport and for the promotion and sale of air transport and related activities, including the right to sell and to issue any ticket and/or air waybill, both of its own and tickets and/or air waybills of any other air carrier. 4. The air carriers of each Party shall be entitled, in accordance with the laws and regulations of the other Party relating to entry, residence residence, and employment, to bring in and maintain in the territory of the other Party managerial, sales, technical, operational and other specialist staff who staff, which are required to support the provision of air transport. These staff requirements may, at the option of the air carriers, be satisfied by its own personnel or by using the services of any other organisation, company or air carrier operating in the territory of the other Party, authorised to perform such services in the territory of that Party. Both Parties shall facilitate and expedite the granting of employment authorisations, where required, for personnel employed in the offices according to this paragraph, including those performing certain temporary duties not exceeding 90 ninety (90) days, subject to the relevant laws and regulations in force. The air carriers of each Party may freely choose to work with or without a general sales agent of their choice in the territory of the other Party. Ground handling. 5. Each Subject to the transitional provisions set out in Annex III to this Agreement: (a) Without prejudice to point (b) below, each air carrier shall have in relation to ground handling groundhandling in the territory of the other Party: (ai) the The right to perform its own ground handling groundhandling ("self-handling); or") or at its option; (bii) the The right to select among competing suppliers, including other air carriers, suppliers that provide ground handling groundhandling services in whole or in part where such suppliers are allowed market access on the basis of the laws and regulations of each Party, and where such suppliers are present in the market. The . (b) For the following categories of groundhandling services, i.e. baggage handling, ramp handling, fuel and oil handling, freight and mail handling as regards the physical handling of freight and mail between the air terminal and the aircraft, the rights set out in points under point (a) (i) and (bii) may be subject to constraints according to the laws and regulations applicable in the territory of the first subparagraph shall be subject only to specific constraints of available space or capacity arising from the need to maintain safe operation of the airportother Party. Where such constraints limit, prevent or preclude self-handling and where there is no effective competition between suppliers that provide ground handling groundhandling services, the relevant Party shall ensure that all such services are shall be available on both an equal and an adequate non-discriminatory basis to all air carriers; prices . (c) Any groundhandling provider of such each Party, whether an air carrier or not, shall have in relation to groundhandling in the territory of the other Party the right to provide groundhandling services shall be determined according to relevantfor air carriers of the Parties operating at the same airport, objective, transparent where authorised and non-discriminatory criteria. Allocation of slots at airportsconsistent with applicable laws and regulations. 6. Each Party shall ensure that its regulations, guidelines and procedures for The allocation of available slots at the airports in its territory are applied the territories of the Parties shall be carried out in a an independent, transparent, effective, non-discriminatory and timely manner. Operational plans, programmes and schedules 7. Notification of operational plans, programmes or schedules for air services operated under this Agreement may be required by a Party for information purposes only. If a Party requires such notification, it shall minimise the administrative burdens of notification requirements and procedures on air transport intermediaries and on air carriers of the other Party. Sales, local expenses and transfer of funds 8. Any air carrier of each Party may engage in the sale of air transport and related services in the territory of the other Party directly and/or, at the air carrier's discretion, through its sales agents, through other intermediaries appointed by the air carrier or through the internet or any other available channel. Each air carrier shall have the right to sell such transport and related services, and any person shall be free to purchase such transport and related services, in the currency of that territory or in freely convertible currencies. 9. The air carriers of each Party shall be permitted to pay for local expenses, including, but not limited to, purchases of fuel, in the territory of the other Party in local currency. At their discretion, the air carriers of each Party may pay for such expenses in the territory of the other Party in freely convertible currencies at the market rate of exchange. 10. Each air carrier shall have the right to convert, on demand, local revenues into freely convertible currencies and remit such revenues at any time, and in any way, from the territory of the other Party to the country of its choice. Conversion and remittance shall be permitted promptly without restrictions or taxation in respect thereof at the market rate of exchange applicable to current transactions and remittance on the date the carrier makes the initial application for remittance and shall not be subject to any charges except those normally made by banks for carrying out such conversion and remittance. Cooperative marketing arrangements 11. In operating or holding out services under this Agreement, any air carrier of a Party may enter into cooperative marketing arrangements, such as blocked-space or code-sharing arrangements, with: (a) any air carrier or carriers of the Parties; (b) any air carrier or carriers of a third country; and/or (c) any surface (land or maritime) transport provider of any country, provided that (i) the operating carrier holds the appropriate traffic rights; (ii) the marketing carriers hold the appropriate underlying route(s) in the route schedule; and (iii) the arrangements meet the regulatory requirements normally applied to such arrangements. 12. In operating or holding out services under this Agreement, any air carrier of a Party may enter into cooperative marketing arrangements, such as blocked-space or code-sharing arrangements, with a carrier that is operating a domestic sector, provided that (i) this is part of an international journey and (ii) the arrangements meet the requirements normally applied to such arrangements. For the purposes of this paragraph, a "domestic sector" means, where the operating carrier is a carrier of the Union, a route within the territory of an EU Member State and, where the operating carrier is a carrier of Qatar, a route within the territory of Qatar. 13. In respect of passenger transport sold involving cooperative marketing arrangements, the purchaser shall be informed at the point of sale, or in any case at check-in, or before boarding where no check-in is required for a connecting flight, which transport providers will operate each sector of the service. Intermodal services 14. In relation to the transport of passengers, surface transport providers shall not be subject to laws and regulations governing air transport on the sole basis that such surface transport is held out by an air carrier under its own name. 15. Notwithstanding any other provision of this Agreement, air carriers and indirect providers of cargo transport of the Parties shall be permitted, without restriction, to employ in connection with international air transport any surface transport for cargo to or from any point in the territories of the Parties, or in third countries, including transport to and from all airports with customs facilities, and including, where applicable, the right to transport cargo in bond under applicable laws and regulations. Such cargo, whether moving by surface or by air, shall have access to airport customs processing and facilities. Air carriers may elect to perform their own surface transport or to provide it through arrangements with other surface transport providers, including surface transport operated by other air carriers and indirect providers of cargo air transport. Such intermodal cargo services may be offered at a single, through-price for the air and surface transport combined, provided that shippers are not misled as to the facts concerning such transport. Franchising and branding 16. The air carriers of each Party shall be entitled to enter into franchising or branding arrangements with companies, including air carriers, of either Party or third countries, provided that the air carriers hold the appropriate authority and meet the conditions prescribed under the laws and regulations normally applied by the Parties to such arrangements, in particular those requiring the disclosure of the identity of the air carrier operating the service.

Appears in 1 contract

Samples: Common Aviation Area Agreement

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Commercial Opportunities. Doing business 1. The Parties agree that obstacles to doing business encountered by commercial operators would hamper the benefits to be achieved by this Agreement. The Parties shall therefore engage in an effective and reciprocal process of removal of obstacles to doing business of commercial operators of both Parties where such obstacles may hamper commercial operations, create distortions to competition or affect equal opportunities to compete. 2. The Joint Committee referred pursuant to in Article 22 of this Agreement shall develop a process of cooperation in relation to doing business and commercial opportunities. In accordance with Article 22, 22 of this Agreement a Party may request a meeting of the Joint Committee to discuss any question related to the application of this Article. Air carrier representatives 3. The air carriers of each Party shall have the right to freely establish offices and facilities in the territory of the other Party required for the provision of air transport and for the promotion and sale of air transport and related activities, activities including the right to sell and to issue any ticket and/or air waybill, both of its own and of any other air carrier. 4. The air carriers of each Party shall be entitled, in accordance with the laws and regulations of the other Party relating to entry, residence residence, and employment, to bring in and maintain in the territory of the other Party managerial, sales, technical, operational operational, and other specialist staff who are required to support the provision of air transport. Both Parties shall facilitate and expedite the granting of employment authorisations, where required, for personnel employed in the offices according to this paragraph, including those performing certain temporary duties not exceeding 90 ninety (90) days, subject to the relevant laws and regulations in force. The air carriers of each Party may freely choose to work with or without a general sales agent of their choice in the territory of the other Party. Ground handling 5. Each air carrier shall have in relation to ground handling in the territory of the other Party: (a) the right to perform its own ground handling (self-handling); or (b) the right to select among competing suppliers, including other air carriers, that provide ground handling services in whole or in part where such suppliers are allowed market access on the basis of the laws and regulations of each Party, and where such suppliers are present in the market. The rights set out in points under (a) and (b) of the first subparagraph this paragraph shall be subject only to specific constraints of available space or capacity arising from the need to maintain safe operation of the airport. Where such constraints limit, prevent or preclude self-handling and where there is no effective competition between suppliers that provide ground handling services, the relevant Party shall ensure that all such services are available on both an equal and an adequate basis to all air carriers; prices of such services shall be determined according to relevant, objective, transparent and non-discriminatory criteria. Allocation of slots at airports 6. Each Party shall ensure that its regulations, guidelines and procedures for allocation of slots at the airports in its territory are applied in a transparent, effective, non-discriminatory and timely manner. Operational plans, programmes and schedules 7. Notification of operational plans, programmes or schedules for air services operated under this Agreement may be required by a Party for information purposes only. If a Party requires such notification, it shall minimise the administrative burdens of notification requirements and procedures on air transport intermediaries and on air carriers of the other Party. Sales, local expenses and transfer of funds 8. Any air carrier of each Party may engage in the sale of air transport and related services in the territory of the other Party directly and/or, at the air carrier's discretion, through its sales agents, through other intermediaries appointed by the air carrier or through the internet or any other available channel. Each air carrier shall have the right to sell such transport and related services, and any person shall be free to purchase such transport and related services, in the currency of that territory or in freely convertible currencies. 9. The air carriers of each Party shall be permitted to pay for local expenses, including, but not limited to, purchases of fuel, in the territory of the other Party in local currency. At their discretion, the air carriers of each Party may pay for such expenses in the territory of the other Party in freely convertible currencies at the market rate of exchange. 10. Each air carrier shall have the right on demand to convert, on demand, local revenues convert into freely convertible currencies and remit such revenues at any time, and in any way, from the territory of the other Party to the country of its choice, local revenues. Conversion and remittance shall be permitted promptly without restrictions or taxation in respect thereof at the market rate of exchange applicable to current transactions and remittance on the date the carrier makes the initial application for remittance and shall not be subject to any charges except those normally made by banks for carrying out such conversion and remittance. Cooperative marketing arrangements 11. In operating or holding out services under this Agreement, any air carrier of a Party may enter into cooperative marketing arrangements, such as blocked-space or code-sharing arrangements, with: (a) any air carrier or carriers of the Parties; (b) any air carrier or carriers of a third country; and/or (c) any surface (land or maritime) transport provider of any country, ; provided that (i) the operating carrier holds the appropriate traffic rights; (ii) the marketing carriers hold the appropriate underlying route(s) in the route schedule; and (iii) the arrangements meet the regulatory requirements normally applied to such arrangements. 12. In operating or holding out services under this Agreement, any air carrier of a Party may enter into cooperative marketing arrangements, such as blocked-space or code-sharing arrangements, with a carrier that is operating a domestic sector, provided that (i) this is part of an international journey and (ii) the arrangements meet the requirements normally applied to such arrangements. For the purposes purpose of this paragraph, a "domestic sector" sector means, where the operating carrier is a carrier of the European Union, a route within the territory of an EU Member State and, State; and where the operating carrier is a carrier of Qatar, a route within the territory of Qatar. 13. In respect of passenger transport sold involving cooperative marketing arrangements, the purchaser shall be informed at the point of sale, or in any case at check-in, or before boarding where no check-in is required for a connecting flight, which transport providers will operate each sector of the service. Intermodal services 14. In relation to the transport of passengers, surface transport providers shall not be subject to laws and regulations governing air transport on the sole basis that such surface transport is held out by an air carrier under its own name. 15. Notwithstanding any other provision of this Agreement, air carriers and indirect providers of cargo transport of the Parties shall be permitted, without restriction, to employ in connection with international air transport any surface transport for cargo to or from any point points in the territories of the Parties, or in third countries, including transport to and from all airports with customs facilities, and including, where applicable, the right to transport cargo in bond under applicable laws and regulations. Such cargo, whether moving by surface or by air, shall have access to airport customs processing and facilities. Air carriers may elect to perform their own surface transport or to provide it through arrangements with other surface transport providers, including surface transport operated by other air carriers and indirect providers of cargo air transport. Such intermodal inter-modal cargo services may be offered at a single, through-price for the air and surface transport combined, provided that shippers are not misled as to the facts concerning such transport. Franchising and branding/ Branding 16. The air carriers of each Party shall be entitled to enter into franchising or branding arrangements with companies, including air carriers, of either Party or third countries, provided that the air carriers hold the appropriate authority and meet the conditions prescribed under the laws and regulations normally applied by the Parties to such arrangements, in particular particularly those requiring the disclosure of the identity of the air carrier operating the service.

Appears in 1 contract

Samples: Air Transport Agreement

Commercial Opportunities. Doing business 1. The Parties agree that obstacles to doing business encountered by commercial operators would hamper the benefits to be achieved by this Agreement. The Parties shall therefore agree to engage in an effective and reciprocal process of removal of to remove obstacles to doing business of encountered by commercial operators of both Parties where such obstacles may hamper commercial operations, create distortions to competition or affect equal opportunities to competehamper the development of a level playing field. 2. The Joint Committee referred to in Article 22 shall develop a process of cooperation in relation to doing business and commercial opportunities, shall monitor progress in effectively addressing obstacles to doing business encountered by commercial operators and shall regularly review developments, including, if necessary, those concerning legislative and regulatory changes. In accordance with Article 2229 of this Agreement, a Party may request a meeting of the Joint Committee to discuss any question related to the application of this Article. Air carrier representatives 3. The air carriers of each Party shall have the right to freely establish offices and facilities in the territory of the other Party required for the provision of air transport and for the promotion and sale of air transport and related activities, including the right to sell and to issue any ticket and/or air waybill, both of its own and tickets and/or air waybills of any other air carrier. 4. The air carriers of each Party shall be entitled, in accordance with the laws and regulations of the other Party relating to entry, residence and employment, to bring in and maintain in the territory of the other Party managerial, sales, technical, operational and other specialist staff who are required to support the provision of air transport. These staff requirements may, at the option of the air carriers, be satisfied by its own personnel or by using the services of any other organisation, company or air carrier operating in the territory of the other Party, authorised to perform such services in the territory of that Party. Both Parties shall facilitate and expedite the granting of employment authorisations, where required, for personnel employed in the offices according to this paragraph, including those performing certain temporary duties not exceeding 90 days, subject to the relevant laws and regulations in force. The air carriers of each Party may freely choose to work with or without a general sales agent of their choice in the territory of the other Party. Ground handling 5. Each Subject to the transitional provisions set out in Annex III to this Agreement: (a) without prejudice to point (b), each air carrier shall have in relation to ground handling in the territory of the other Party: (ai) the right to perform its own ground handling ("self-handling"); or (bii) the right to select among competing suppliers, including other air carriers, suppliers that provide ground handling services in whole or in part where such suppliers are allowed market access on the basis of the laws and regulations of each Party, and where such suppliers are present in the market. The ; (b) for baggage handling, ramp handling, fuel and oil handling, and freight and mail handling as regards the physical handling of freight and mail between the air terminal and the aircraft, the rights set out in points under point (aa)(i) and (bii) may be subject to constraints according to the laws and regulations applicable in the territory of the first subparagraph shall be subject only to specific constraints of available space or capacity arising from the need to maintain safe operation of the airportother Party. Where such constraints limit, prevent or preclude self-handling and where there is no effective competition between suppliers that provide ground handling services, the relevant Party shall ensure that all such services are shall be available on both an equal and an adequate non-discriminatory basis to all air carriers; prices ; (c) any ground handling provider of such each Party, whether an air carrier or not, shall have in relation to ground handling in the territory of the other Party the right to provide ground handling services shall be determined according to relevantfor air carriers of the Parties operating at the same airport, objective, transparent where authorised and non-discriminatory criteriaconsistent with applicable laws and regulations. Allocation of slots at airports 6. Each Party shall ensure that its regulations, guidelines and procedures for The allocation of available slots at the airports in its territory are applied the territories of the Parties shall be carried out in a an independent, transparent, effective, non-discriminatory and timely manner. Operational plans, programmes and schedules 7. Notification of operational plans, programmes or schedules for air services operated under this Agreement may be required by a Party for information purposes only. If a Party requires such notification, it shall minimise the administrative burdens of notification requirements and procedures on air transport intermediaries and on air carriers of the other Party. Sales, local expenses and transfer of funds 87. Any air carrier of each Party may engage in the sale of air transport transportation and related services in the territory of the other Party directly and/or, at the air carrier's discretion, through its sales agents, through other intermediaries appointed by the air carrier, through another air carrier or through the internet or any other available channelinternet. Each air carrier shall have the right to sell such transport transportation and related services, and any person shall be free to purchase such transport transportation and related services, in the currency of that territory or in freely convertible currenciescurrencies in accordance with the local currency legislation. 8. Each air carrier shall have the right to convert into freely convertible currencies and remit local revenues from the territory of the other Party to its home territory or to the country or countries of its choice according to the applicable legislation. Conversion and remittance shall be permitted promptly without restrictions or taxation in respect thereof at the official rate of exchange applicable to current transactions and remittance on the date the carrier makes the initial application for remittance. 9. The air carriers of each Party shall be permitted to pay for local expenses, including, but not limited to, including purchases of fuel, in the territory of the other Party in local national currency. At their discretion, the air carriers of each Party may pay for such expenses in the territory of the other Party in freely convertible currencies at the market rate of exchange.in accordance with local currency legislation. Cooperative arrangements 10. Each air carrier shall have the right to convert, on demand, local revenues into freely convertible currencies and remit such revenues at any time, and in any way, from the territory of the other Party to the country of its choice. Conversion and remittance shall be permitted promptly without restrictions or taxation in respect thereof at the market rate of exchange applicable to current transactions and remittance on the date the carrier makes the initial application for remittance and shall not be subject to any charges except those normally made by banks for carrying out such conversion and remittance. Cooperative marketing arrangements 11. In operating or holding out services under this Agreement, any air carrier of a Party may enter into cooperative marketing arrangements, such as blocked-space agreements or code-sharing arrangements, with: (a) any air carrier or carriers of the Parties; (b) any air carrier or carriers of a third country; and/orand (c) any surface (land or maritime) transport provider of any countryprovider, provided that that: (i) the operating carrier holds the appropriate traffic rightsauthority; (ii) the marketing carriers hold the appropriate underlying route(s) in route rights within the route schedule; relevant bilateral provisions and (iii) the arrangements meet the regulatory requirements relating to safety and competition normally applied to such arrangements. 12. In operating or holding out services under this Agreement, any air carrier of a Party may enter into cooperative marketing arrangements, such as blocked-space or code-sharing arrangements, with a carrier that is operating a domestic sector, provided that (i) this is part of an international journey and (ii) the arrangements meet the requirements normally applied to such arrangements. For the purposes of this paragraph, a "domestic sector" means, where the operating carrier is a carrier of the Union, a route within the territory of an EU Member State and, where the operating carrier is a carrier of Qatar, a route within the territory of Qatar. 13. In respect of passenger transport sold involving cooperative marketing arrangementscode-shares, the purchaser shall be informed at the point of sale, or in any case at check-in, or before on boarding where no check-in is required for a connecting flight, which transport transportation providers will operate each sector of the service. Intermodal servicestransportation 1411. In relation to the transport of passengers, surface transport providers shall not be subject to laws and or regulations governing air transport on the sole basis that such surface transport is held out by an air carrier under its own name. Surface transport providers have the discretion to decide whether to enter into cooperative arrangements. In deciding on any particular arrangement, surface transport providers may consider, among other things, consumer interests and technical, economic, space, and capacity constraints. 1512. Notwithstanding Without prejudice to applicable laws and regulations requirements and notwithstanding any other provision of this Agreement, air carriers and indirect providers of cargo transport of the Parties shall be permitted, without restriction, to employ in connection with international air transport under the same air waybill any surface transport for cargo to or from any point points in the territories of Ukraine and the Parties, European Union or in third countries, countries including transport to and from all airports with customs facilities, and including, where applicable, the right to transport cargo in bond under applicable laws and regulationsbond. Such cargo, whether moving by surface or by air, shall have access to airport customs processing and facilities. Air carriers may elect to perform their own surface transport or to provide it through arrangements with other surface transport providerscarriers, including surface transport operated by other air carriers and indirect providers of cargo air transport. Such intermodal cargo services may be offered at a single, through-through price for the air and surface transport combined, provided that shippers are not misled as to the facts concerning such transport. Franchising For the purposes of the first subparagraph of this paragraph, "surface transport" shall include both land and brandingmaritime transportation. Leasing 1613. The air carriers of each Party shall be entitled to provide the agreed services using aircraft with or without crew leased from any air carrier, including from third countries, provided that all participants in such arrangements meet the conditions prescribed under the laws and regulations normally applied by the Parties to such arrangements. Neither Party shall require the air carriers leasing out their equipment to hold traffic rights under this Agreement. The leasing with crew (wet-leasing) by an air carrier of Ukraine of an aircraft of an air carrier of a third country, or by an air carrier of the European Union of an aircraft of an air carrier of a third country, other than those mentioned in Annex V to this Agreement, in order to exploit the rights set out in this Agreement, shall remain exceptional or meet temporary needs. It shall be submitted for prior approval to the licensing authority of the air carrier which is the lessee of the wet-leased aircraft and to the competent authority of the other Party. Franchising, branding and commercial concession arrangements 14. The air carriers of each Party shall be entitled to enter into franchising franchising, branding or branding commercial concession arrangements with companies, including air carriers, of either Party or third countries, countries provided that the air carriers hold the appropriate authority and meet the conditions prescribed under the laws and regulations normally applied by the Parties to such arrangements, in particular particularly those requiring the disclosure of the identity of the air carrier operating the service. Night-stops 15. The air carriers of each Party shall have the right to make night-stops at airports of the other Party that are open to international traffic.

Appears in 1 contract

Samples: Common Aviation Area Agreement

Commercial Opportunities. Doing business 1. The Parties agree that obstacles to doing business encountered by of commercial operators would hamper the benefits to be achieved by this Agreement. The Parties shall therefore agree to engage in an effective and reciprocal process of removal of obstacles to doing business of commercial operators of both Parties where such obstacles may hamper commercial operations, create distortions to competition or affect equal opportunities to competehamper the development of a level playing field. 2. The Joint Committee referred to set up in accordance with Article 22 (Joint Committee) of this Agreement shall develop a process of cooperation in relation to doing business and commercial opportunities; shall monitor progress in effectively addressing obstacles to doing business of commercial operators and shall regularly review developments, including, if necessary, towards legislative and regulatory changes. In accordance with Article 22, 22 (Joint Committee) of this Agreement a Party may request a meeting of the Joint Committee to discuss any question related to the application of this Articlearticle. Air carrier representativesCarrier Representatives 3. The air carriers of each Party shall have the right to freely establish offices and facilities in the territory of the other Party required for the provision of air transport and for the promotion and sale of air transport and related activities, including the right to sell and to issue any ticket and/or air waybillairwaybill, both of its own and tickets and/or airwaybills of any other air carrier. 4. The air carriers of each Party shall be entitled, in accordance with the laws and regulations of the other Party relating to entry, residence residence, and employment, to bring in and maintain in the territory of the other Party managerial, sales, technical, operational operational, and other specialist staff who are required to support the provision of air transport. These staff requirements may, at the option of the air carriers, be satisfied by its own personnel or by using the services of any other organisation, company or air carrier operating in the territory of the other Party, authorised to perform such services in the territory of that Party. Both Parties shall facilitate and expedite the granting of employment authorisations, where required, for personnel employed in the offices according to this paragraph, including those performing certain temporary duties not exceeding 90 ninety (90) days, subject to the relevant laws and regulations in force. The air carriers of Ground Handling (a) Without prejudice to point (b) below, each Party may freely choose to work with or without a general sales agent of their choice in the territory of the other Party. Ground handling 5. Each air carrier shall have in relation to ground handling groundhandling in the territory of the other Party: (ai) the right to perform its own ground handling groundhandling ("self-handling); ") or, at its option (bii) the right to select among competing suppliers, including other air carriers, suppliers that provide ground handling groundhandling services in whole or in part where such suppliers are allowed market access on the basis of the laws and regulations of each Party, and where such suppliers are present in the market. The . (b) For the following categories of groundhandling services, i.e. baggage handling, ramp handling, fuel and oil handling, freight and mail handling as regards the physical handling of freight and mail between the air terminal and the aircraft, the rights set out in points under point (a) (i) and (bii) may be subject to constraints according to the laws and regulations applicable in the territory of the first subparagraph shall be subject only to specific constraints of available space or capacity arising from the need to maintain safe operation of the airportother Party. Where such constraints limit, prevent or preclude self-handling and where there is no effective competition between suppliers that provide ground handling groundhandling services, the relevant Party shall ensure that all such services are shall be available on both an equal and an adequate non discriminatory basis to all air carriers; prices of such services shall be determined according to relevant, objective, transparent and non-discriminatory criteria. Allocation of slots at airportsGround Handling for Third Parties 6. Each Party groundhandling company, whether an air carrier or not, shall ensure that its regulations, guidelines and procedures for allocation of slots at have in relation to groundhandling in the airports in its territory are applied in a transparent, effective, non-discriminatory and timely manner. Operational plans, programmes and schedules 7. Notification of operational plans, programmes or schedules for air services operated under this Agreement may be required by a Party for information purposes only. If a Party requires such notification, it shall minimise the administrative burdens of notification requirements and procedures on air transport intermediaries and on air carriers of the other PartyParty the right to provide groundhandling services for airlines operating at the same airport, where authorised and consistent with applicable laws and regulations. Sales, local expenses Local Expenses, and transfer Transfer of fundsFunds 87. Any air carrier of each Party may engage in the sale of air transport transportation and related services in the territory of the other Party directly and/or, at the air carrier's discretion, through its sales agents, through other intermediaries appointed by the air carrier, through another air carrier or through the internet or any other available channelinternet. Each air carrier shall have the right to sell such transport and related servicestransportation, and any person shall be free to purchase such transport and related servicestransportation, in the currency of that territory or in freely convertible currenciescurrencies in accordance with the local currency legislation. 8. Each air carrier shall have the right to convert into freely convertible currencies and remit from the territory of the other Party to its home territory and, except where inconsistent with generally applicable law or regulation, to the country or countries of its choice, on demand, local revenues. Conversion and remittance shall be permitted promptly without restrictions or taxation in respect thereof at the rate of exchange applicable to current transactions and remittance on the date the carrier makes the initial application for remittance. 9. The air carriers of each Party shall be permitted to pay for local expenses, including, but not limited to, including purchases of fuel, in the territory of the other Party in local currency. At their discretion, the air carriers of each Party may pay for such expenses in the territory of the other Party in freely convertible currencies at the market rate of exchange.in accordance with local currency legislation. Cooperative Arrangements 10. Each air carrier shall have the right to convert, on demand, local revenues into freely convertible currencies and remit such revenues at any time, and in any way, from the territory of the other Party to the country of its choice. Conversion and remittance shall be permitted promptly without restrictions or taxation in respect thereof at the market rate of exchange applicable to current transactions and remittance on the date the carrier makes the initial application for remittance and shall not be subject to any charges except those normally made by banks for carrying out such conversion and remittance. Cooperative marketing arrangements 11. In operating or holding out services under this Agreement, any air carrier of a Party may enter into cooperative marketing arrangements, such as blocked-space agreements or code-sharing arrangements, with: (a) any air carrier or carriers of the Parties;; and (b) any air carrier or carriers of a third country; and/orand (c) any surface (land or maritime) transport provider of any country, provider; provided that that: (i) the operating carrier holds the appropriate traffic rights; , (ii) the marketing carriers hold the appropriate underlying route(s) in the route schedule; and authority, and (iii) the arrangements meet the regulatory requirements relating to safety and competition normally applied to such arrangements. 12. In operating or holding out services under this Agreement, any air carrier of a Party may enter into cooperative marketing arrangements, such as blocked-space or code-sharing arrangements, with a carrier that is operating a domestic sector, provided that (i) this is part of an international journey and (ii) the arrangements meet the requirements normally applied to such arrangements. For the purposes of this paragraph, a "domestic sector" means, where the operating carrier is a carrier of the Union, a route within the territory of an EU Member State and, where the operating carrier is a carrier of Qatar, a route within the territory of Qatar. 13. In respect of passenger transport sold involving cooperative marketing arrangementscode-shares, the purchaser shall be informed at the point of sale, or in any case at check-in, or before boarding where no check-in is required for a connecting flightboarding, which transport providers will operate each sector of the service. Intermodal services. 14. (a) In relation to the transport of passengers, surface transport providers shall not be subject to laws and regulations governing air transport on the sole basis that such surface transport is held out by an air carrier under its own name. Surface transport providers have the discretion to decide whether to enter into cooperative arrangements. In deciding on any particular arrangement, surface transport providers may consider, among other things, consumer interests and technical, economic, space, and capacity constraints. 15. Notwithstanding (b) Moreover, and notwithstanding any other provision of this Agreement, air carriers and indirect providers of cargo transport of the Parties shall be permitted, without restriction, to employ in connection with international air transport any surface transport for cargo to or from any point points in the territories of the PartiesRepublic of Moldova and the European Union, or in third countries, including transport to and from all airports with customs facilities, and including, where applicable, the right to transport cargo in bond under applicable laws and regulations. Such cargo, whether moving by surface or by air, shall have access to airport customs processing and facilities. Air carriers may elect to perform their own surface transport or to provide it through arrangements with other surface transport providerscarriers, including surface transport operated by other air carriers and indirect providers of cargo air transport. Such intermodal cargo services may be offered at a single, through-through price for the air and surface transport combined, provided that shippers are not misled as to the facts concerning such transport. Franchising Leasing 12. The air carriers of each Party shall be entitled to provide the agreed services using aircraft and brandingcrew leased from any air carrier, including from third countries, provided that all participants in such arrangements meet the conditions prescribed under the laws and regulations normally applied by the Parties to such arrangements. 16(a) Neither Party shall require the air carriers leasing out their equipment to hold traffic rights under this agreement. (b) The leasing with crew (wet-leasing) by an air carrier of the Republic of Moldova of an aircraft of an air carrier of a third country, or, by an air carrier of the European Union, of an aircraft of an air carrier of a third country other than those mentioned in Annex IV to this Agreement, in order to exploit the rights envisaged in this Agreement, shall remain exceptional or meet temporary needs. It shall be submitted for prior approval of the licensing authority of the leasing air carrier and to the competent authority of the other Party. Franchising/Branding 13. The air carriers of each Party shall be entitled to enter into franchising or branding arrangements with companies, including air carriers, of either Party or third countries, provided that the air carriers hold the appropriate authority and meet the conditions prescribed under the laws and regulations normally applied by the Parties to such arrangements, in particular particularly those requiring the disclosure of the identity of the air carrier operating the service.

Appears in 1 contract

Samples: Common Aviation Area Agreement

Commercial Opportunities. Doing business1. Subject to the transitional provisions set out in Annex I to this Agreement, the Parties shall ensure that their relevant legislation, rules or procedures comply with the regulatory requirements and standards relating to air transport specified in Part A of Annex II to this Agreement. 12. The Parties agree that obstacles to doing business encountered by commercial operators would hamper the benefits to be achieved by this Agreement. The Parties shall therefore engage in an effective and reciprocal process of removal of obstacles to doing business of commercial operators of both Parties where such obstacles may hamper commercial operations, operations or create distortions to competition or affect equal opportunities to compete. 23. Air carriers of the two Parties shall not be required to retain a local sponsor. 4. The Joint Committee referred pursuant to in Article 22 23 of this Agreement shall develop a process of cooperation in relation to doing business and commercial opportunities; shall monitor progress in effectively addressing obstacles to doing business of commercial operators and shall regularly review developments, including towards legislative and regulatory changes. In accordance with Article 22, 23 of this Agreement a Party may request a meeting of the Joint Committee to discuss any question related to the application of this Article. Air carrier representatives. 35. The air carriers of each Party shall have the right to freely establish offices and facilities in the territory of the other Party required for the provision of air transport and for the promotion and sale of air transport and related activities, activities including the right to sell and to issue any ticket and/or air waybillairway bill, both of its own and of any other air carrier. 46. The air carriers of each Party shall be entitled, in accordance with the laws and regulations of the other Party relating to entry, residence residence, and employment, to bring in and maintain in the territory of the other Party managerial, sales, technical, operational operational, and other specialist staff who are required to support the provision of air transport. Both Parties shall facilitate and expedite the granting of employment authorisations, where required, for personnel employed in the offices according to this paragraph, including those performing certain temporary duties not exceeding 90 ninety (90) days, subject to the relevant laws and regulations in force. The air carriers . (a) Without prejudice to subparagraph (b) of this paragraph, each Party may freely choose to work with or without a general sales agent of their choice in the territory of the other Party. Ground handling 5. Each air carrier shall have in relation to ground handling in the territory of the other Party: (ai) the right to perform its own ground handling (self-handling); or (bii) the right to select among competing suppliers, including other air carriers, that provide ground handling services in whole or in part where such suppliers are allowed market access on the basis of the laws and regulations of each Party, and where such suppliers are present in the market. . (b) The rights set out under (i) and (ii) in points subparagraph (a) and (b) of the first subparagraph this paragraph shall be subject only to specific constraints of available space or capacity arising from the need to maintain safe operation of the airport. Where such constraints limit, prevent or preclude self-handling and where there is no effective competition between suppliers that provide ground handling services, the relevant Party shall ensure that all such services are available on both an equal and an adequate basis to all air carriers; prices of such services shall be determined according to relevant, objective, transparent and non-discriminatory criteria. 8. Allocation Each supplier of slots ground handling services, whether an air carrier or not, shall have in relation to ground handling in the territory of the other Party the right to provide ground handling services for air carriers operating at airportsthe same airport, where authorised and consistent with applicable laws and regulations. 69. Each Party shall ensure that its regulations, guidelines and procedures for allocation of slots at the airports in its territory are applied in a an independent, transparent, effective, non-discriminatory and timely manner. Operational plans, programmes and schedules. 710. Notification of operational plans, programmes or schedules for air services operated under this Agreement may be required by a Party for information purposes onlyonly with a view to be able to verify that the rights granted under this Agreement are respected. If a Party requires such notification, it shall minimise the administrative burdens of notification requirements and procedures on air transport intermediaries and on air carriers of the other Party. Sales, local expenses and transfer of funds. 811. Any air carrier of each Party may engage in the sale of air transport and related services in the territory of the other Party directly and/or, at the air carrier's ’s discretion, through its sales agents, through other intermediaries appointed by the air carrier or through the internet or any other available channel. Each air carrier shall have the right to sell such transport and related services, and any person shall be free to purchase such transport and related services, in the currency of that territory or in freely convertible currencies. 912. The air carriers of each Party shall be permitted to pay for local expenses, including, but not limited to, purchases of fuel, fuel and payment of airport charges in the territory of the other Party in local currency. At their discretion, the air carriers of each Party may pay for such expenses in the territory of the other Party in freely convertible currencies at the market rate of exchange. 1013. Each air carrier shall have the right on demand to convert, on demand, local revenues convert into freely convertible currencies and remit such revenues at any time, and in any way, from the territory of the other Party to the country of its choice, local revenues. Conversion and remittance shall be permitted promptly without restrictions or taxation in respect thereof at the market rate of exchange applicable to current transactions and remittance on the date the air carrier makes the initial application for remittance and shall not be subject to any charges except those normally made by banks for carrying out such conversion and remittance. Cooperative marketing arrangements. 1114. In operating or holding out services under this Agreement, any air carrier of a Party may enter into cooperative marketing arrangements, such as blocked-space or code-sharing arrangements, with: (a) any air carrier or carriers of the Parties; (b) any air carrier or carriers of a third country; and/orand (c) any surface (land or maritime) transport provider of any country, ; provided that (i) the operating carrier holds the appropriate traffic rights; rights and (ii) the marketing carriers hold the appropriate underlying route(s) in the route schedule; rights and (iii) the arrangements meet the regulatory requirements relating to safety and competition normally applied to such arrangements. 12. In operating or holding out services under this Agreement, any air carrier of a Party may enter into cooperative marketing arrangements, such as blocked-space or code-sharing arrangements, with a carrier that is operating a domestic sector, provided that (i) this is part of an international journey and (ii) the arrangements meet the requirements normally applied to such arrangements. For the purposes of this paragraph, a "domestic sector" means, where the operating carrier is a carrier of the Union, a route within the territory of an EU Member State and, where the operating carrier is a carrier of Qatar, a route within the territory of Qatar. 1315. In respect to the transport of passenger transport passengers sold involving cooperative marketing arrangements, the purchaser shall be informed at the point of sale, or in any case at check-in, or before boarding where no check-in is required for a connecting flight, which transport providers will operate each sector of the service. Intermodal services. 1416. In relation to the transport of passengers, surface transport providers shall not be subject to laws and regulations governing air transport on the sole basis that such surface transport is held out by an air carrier under its own name. 1517. Notwithstanding any other provision of this Agreement, air carriers and indirect providers of cargo transport of the Parties shall be permitted, without restriction, to employ in connection with international air transport any surface transport for cargo to or from any point points in the territories of the Parties, or in third countries, including transport to and from all airports internationally recognised with customs facilities, and including, where applicable, the right to transport cargo in bond under applicable laws and regulations. Such cargo, whether moving by surface or by air, shall have access to airport customs processing and facilities. Air carriers may elect to perform their own surface transport or to provide it through arrangements with other surface transport providers, including surface transport operated by other air carriers and indirect providers of cargo air transport. Such intermodal cargo services may be offered at a single, through-through price for the air and surface transport combined, provided that shippers are not misled as to the facts concerning such transport. Franchising and branding. 1618. The air carriers of each Party shall be entitled to enter into franchising or branding arrangements with companies, including air carriers, of either Party or third countries, provided that the air carriers hold the appropriate authority and meet the conditions prescribed under the laws and regulations normally applied by the Parties to such arrangements, in particular particularly those requiring the disclosure of the identity of the air carrier operating the service. 19. The air carriers of each Party may, enter into arrangements for the provision of aircraft with or without crew for the operation of international air transport with: (a) any air carrier or carriers of the Parties; and (b) any air carrier or carriers of a third country; provided that all participants in such arrangements hold the appropriate authority and meet the conditions prescribed under the respective laws and regulations applied by the Parties to such arrangements. Neither Party shall require the air carrier providing the aircraft to hold traffic rights under this Agreement for the routes on which the aircraft will be operated. The Parties may require these arrangements to be approved by their competent authorities. Where a Party requires such approval, it shall minimise the administrative burdens for air carriers of the approval procedures.

Appears in 1 contract

Samples: Common Aviation Agreement

Commercial Opportunities. Doing business1. Subject to the transitional provisions set out in Annex I to this Agreement, the Parties shall ensure that their relevant legislation, rules or procedures comply with the regulatory requirements and standards relating to air transport specified in Part A of Annex II to this Agreement. 12. The Parties agree that obstacles to doing business encountered by commercial operators would hamper the benefits to be achieved by this Agreement. The Parties shall therefore engage in an effective and reciprocal process of removal of obstacles to doing business of commercial operators of both Parties where such obstacles may hamper commercial operations, operations or create distortions to competition or affect equal opportunities to compete. 23. Air carriers of the two Parties shall not be required to retain a local sponsor. 4. The Joint Committee referred pursuant to in Article 22 23 of this Agreement shall develop a process of cooperation in relation to doing business and commercial opportunities; shall monitor progress in effectively addressing obstacles to doing business of commercial operators and shall regularly review developments, including towards legislative and regulatory changes. In accordance with Article 22, 23 of this Agreement a Party may request a meeting of the Joint Committee to discuss any question related to the application of this Article. Air carrier representatives. 35. The air carriers of each Party shall have the right to freely establish offices and facilities in the territory of the other Party required for the provision of air transport and for the promotion and sale of air transport and related activities, activities including the right to sell and to issue any ticket and/or air waybillairway xxxx, both of its own and of any other air carrier. 46. The air carriers of each Party shall be entitled, in accordance with the laws and regulations of the other Party relating to entry, residence residence, and employment, to bring in and maintain in the territory of the other Party managerial, sales, technical, operational operational, and other specialist staff who are required to support the provision of air transport. Both Parties shall facilitate and expedite the granting of employment authorisations, where required, for personnel employed in the offices according to this paragraph, including those performing certain temporary duties not exceeding 90 ninety (90) days, subject to the relevant laws and regulations in force. The air carriers . (a) Without prejudice to subparagraph (b) of this paragraph, each Party may freely choose to work with or without a general sales agent of their choice in the territory of the other Party. Ground handling 5. Each air carrier shall have in relation to ground handling in the territory of the other Party: (ai) the right to perform its own ground handling (self-handling); or (bii) the right to select among competing suppliers, including other air carriers, that provide ground handling services in whole or in part where such suppliers are allowed market access on the basis of the laws and regulations of each Party, and where such suppliers are present in the market. . (b) The rights set out under (i) and (ii) in points subparagraph (a) and (b) of the first subparagraph this paragraph shall be subject only to specific constraints of available space or capacity arising from the need to maintain safe operation of the airport. Where such constraints limit, prevent or preclude self-handling and where there is no effective competition between suppliers that provide ground handling services, the relevant Party shall ensure that all such services are available on both an equal and an adequate basis to all air carriers; prices of such services shall be determined according to relevant, objective, transparent and non-discriminatory criteria. 8. Allocation Each supplier of slots ground handling services, whether an air carrier or not, shall have in relation to ground handling in the territory of the other Party the right to provide ground handling services for air carriers operating at airportsthe same airport, where authorised and consistent with applicable laws and regulations. 69. Each Party shall ensure that its regulations, guidelines and procedures for allocation of slots at the airports in its territory are applied in a an independent, transparent, effective, non-discriminatory and timely manner. Operational plans, programmes and schedules. 710. Notification of operational plans, programmes or schedules for air services operated under this Agreement may be required by a Party for information purposes onlyonly with a view to be able to verify that the rights granted under this Agreement are respected. If a Party requires such notification, it shall minimise the administrative burdens of notification requirements and procedures on air transport intermediaries and on air carriers of the other Party. Sales, local expenses and transfer of funds. 811. Any air carrier of each Party may engage in the sale of air transport and related services in the territory of the other Party directly and/or, at the air carrier's discretion, through its sales agents, through other intermediaries appointed by the air carrier or through the internet or any other available channel. Each air carrier shall have the right to sell such transport and related services, and any person shall be free to purchase such transport and related services, in the currency of that territory or in freely convertible currencies. 912. The air carriers of each Party shall be permitted to pay for local expenses, including, but not limited to, purchases of fuel, fuel and payment of airport charges in the territory of the other Party in local currency. At their discretion, the air carriers of each Party may pay for such expenses in the territory of the other Party in freely convertible currencies at the market rate of exchange. 1013. Each air carrier shall have the right on demand to convert, on demand, local revenues convert into freely convertible currencies and remit such revenues at any time, and in any way, from the territory of the other Party to the country of its choice, local revenues. Conversion and remittance shall be permitted promptly without restrictions or taxation in respect thereof at the market rate of exchange applicable to current transactions and remittance on the date the air carrier makes the initial application for remittance and shall not be subject to any charges except those normally made by banks for carrying out such conversion and remittance. Cooperative marketing arrangements. 1114. In operating or holding out services under this Agreement, any air carrier of a Party may enter into cooperative marketing arrangements, such as blocked-space or code-sharing arrangements, with: (a) any air carrier or carriers of the Parties; (b) any air carrier or carriers of a third country; and/orand (c) any surface (land or maritime) transport provider of any country, ; provided that (i) the operating carrier holds the appropriate traffic rights; rights and (ii) the marketing carriers hold the appropriate underlying route(s) in the route schedule; rights and (iii) the arrangements meet the regulatory requirements relating to safety and competition normally applied to such arrangements. 12. In operating or holding out services under this Agreement, any air carrier of a Party may enter into cooperative marketing arrangements, such as blocked-space or code-sharing arrangements, with a carrier that is operating a domestic sector, provided that (i) this is part of an international journey and (ii) the arrangements meet the requirements normally applied to such arrangements. For the purposes of this paragraph, a "domestic sector" means, where the operating carrier is a carrier of the Union, a route within the territory of an EU Member State and, where the operating carrier is a carrier of Qatar, a route within the territory of Qatar. 1315. In respect to the transport of passenger transport passengers sold involving cooperative marketing arrangements, the purchaser shall be informed at the point of sale, or in any case at check-in, or before boarding where no check-in is required for a connecting flight, which transport providers will operate each sector of the service. Intermodal services. 1416. In relation to the transport of passengers, surface transport providers shall not be subject to laws and regulations governing air transport on the sole basis that such surface transport is held out by an air carrier under its own name. 1517. Notwithstanding any other provision of this Agreement, air carriers and indirect providers of cargo transport of the Parties shall be permitted, without restriction, to employ in connection with international air transport any surface transport for cargo to or from any point points in the territories of the Parties, or in third countries, including transport to and from all airports internationally recognised with customs facilities, and including, where applicable, the right to transport cargo in bond under applicable laws and regulations. Such cargo, whether moving by surface or by air, shall have access to airport customs processing and facilities. Air carriers may elect to perform their own surface transport or to provide it through arrangements with other surface transport providers, including surface transport operated by other air carriers and indirect providers of cargo air transport. Such intermodal cargo services may be offered at a single, through-through price for the air and surface transport combined, provided that shippers are not misled as to the facts concerning such transport. Franchising and branding. 1618. The air carriers of each Party shall be entitled to enter into franchising or branding arrangements with companies, including air carriers, of either Party or third countries, provided that the air carriers hold the appropriate authority and meet the conditions prescribed under the laws and regulations normally applied by the Parties to such arrangements, in particular particularly those requiring the disclosure of the identity of the air carrier operating the service. 19. The air carriers of each Party may, enter into arrangements for the provision of aircraft with or without crew for the operation of international air transport with: (a) any air carrier or carriers of the Parties; and (b) any air carrier or carriers of a third country; provided that all participants in such arrangements hold the appropriate authority and meet the conditions prescribed under the respective laws and regulations applied by the Parties to such arrangements. Neither Party shall require the air carrier providing the aircraft to hold traffic rights under this Agreement for the routes on which the aircraft will be operated. The Parties may require these arrangements to be approved by their competent authorities. Where a Party requires such approval, it shall minimise the administrative burdens for air carriers of the approval procedures.

Appears in 1 contract

Samples: Common Aviation Area Agreement

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