Common use of Commercial Opportunities Clause in Contracts

Commercial Opportunities. 1. The air carriers of each Contracting Party shall have the right to establish offices in the territory of the other Contracting Party for the promotion and sale of air transport and related activities. 2. The air carriers of each Contracting Party shall be entitled, in accordance with the laws and regulations of the other Contracting Party relating to entry, residence, and employment, to bring in and maintain in the territory of the other Contracting Party managerial, sales, technical, operational, and other specialist staff who are required to support the provision of air transport. (a) Without prejudice to point (b) below, each air carrier shall have in relation to groundhandling in the territory of the other Contracting Party: (i) the right to perform its own groundhandling (‘self-hand­ ling’) or, at its option (ii) the right to select among competing suppliers that provide groundhandling services in whole or in part where such suppliers are allowed market access on the basis of the laws and regulations of each Contracting Party, and where such suppliers are present in the market. (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 under point (a)(i) and (ii) shall be subject only to specific constraints according to the laws and regulations applicable in the territory of the other Party. Where such constraints preclude self-handling and where there is no effective competition between suppliers that provide ground­ handling services, all such services shall be available on both an equal and an adequate basis to all air carriers; prices of such services shall not exceed their full cost including a reasonable return on assets, after depreciation. 4. Any air carrier of each Contracting Party may engage in the sale of air transport in the territory of the other Contracting Party directly and/or, at the air carrier's discretion, through its sales agents or other intermediaries appointed by the air carrier. Each air carrier shall have the right to sell such transportation, and any person shall be free to purchase such transportation, in the currency of that territory or in freely convertible currencies. 5. Each air carrier shall have the right to convert and remit from the territory of the other Contracting 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. 6. The air carriers of each Contracting Party shall be permitted to pay for local expenses, including purchases of fuel, in the territory of the other Contracting 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 according to local currency regulation. 7. In operating or holding out services under the Agreement, any air carrier of a Contracting 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 Contracting Parties; and (b) any air carrier or carriers of a third country; and (c) any surface, land or maritime carriers; provided that (i) all participants in such arrangements hold the appro­ priate authority and (ii) the arrangements meet the requirements relating to safety and competition normally applied to such arrangements. In respect of passenger transport sold involving code-shares, the purchaser shall be informed at the point of sale, or in any case before boarding, which transportation providers will operate each sector of the service. (a) In relation to the transport of passengers, surface transportation providers shall not be subject to laws and regulations governing air transport on the sole basis that such surface transportation is held out by an air carrier under its own name. Surface transportation providers have the discretion to decide whether to enter into cooperative arrangements. In deciding on any particular arrangement, surface transportation providers may consider, among other things, consumer interests and technical, economic, space, and capacity constraints. (b) Moreover, and notwithstanding any other provision of this Agreement, air carriers and indirect providers of cargo trans­ portation of the Contracting Parties shall be permitted, without restriction, to employ in connection with international air transport any surface transportation for cargo to or from any points in the territories of Morocco and the European Community, or in third countries, including transport to and from all airports with customs facilities, and including, where applicable, the right[s] 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 transportation or to provide it through arrangements with other surface carriers, including surface transportation 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 transportation combined, provided that shippers are not misled as to the facts concerning such transportation.

Appears in 1 contract

Samples: Euro Mediterranean Aviation Agreement

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Commercial Opportunities. Air carrier representatives 1. The air carriers of each Contracting Party shall have the right to establish offices and facilities in the territory of the other Contracting Party required for the provision of air transport and for the promotion and sale of air transport and related activitiestransport, including ancillary or supplemental services. 2. The air carriers of each Contracting Party shall be entitled, in accordance with the laws and regulations of the other Contracting Party relating to entry, residence, residence and employment, to bring in and maintain in the territory of the other Contracting Party managerial, sales, technical, operational, and other specialist staff who are required to support the provision of air transport.. Ground handling (a) Without prejudice to point (b) below, each air carrier shall have in relation to groundhandling in the territory of the other Contracting Party: (i) the right to perform its own groundhandling (‘self-hand­ ling’"self- handling") or, at its option (ii) the right to select among competing suppliers that provide groundhandling services in whole or in part where such suppliers are allowed market access on the basis of the laws and regulations of each Contracting Party, and where such suppliers are present in the market. (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 under point (a)(i) and (ii) shall be subject only to specific physical or operational constraints according to the laws and regulations applicable in the territory of the other Contracting Party. Where such constraints preclude self-handling and where there is no effective competition between suppliers that provide ground­ handling groundhandling services, all such services shall be available on both an equal and an adequate non-discriminatory basis to all air carriers; prices of such services shall not exceed their full cost including a reasonable return on assets, after depreciation.. Sales, local expenses and transfer of funds 4. Any air carrier of each Contracting Party may engage in the sale of air transport in the territory of the other Contracting Party directly and/or, at the air carrier's discretion, through its sales agents or agents, other intermediaries appointed by the air carriercarrier or through the internet or any other available channel. Each air carrier shall have the right to sell such transportation, and any person shall be free to purchase such transportation, in the currency of that territory or in freely convertible currencies. 5. Each air carrier shall have the right to convert and remit at any time, in any way, freely without restrictions or taxation, in any freely convertible currency and at the official rate of exchange applicable, from the territory of the other Contracting Party to its home territory and, except where inconsistent with generally applicable law or regulationregu­ lation, 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. 6. The air carriers of each Contracting Party shall be permitted to pay for local expenses, including purchases of fuel, in the territory of the other Contracting Party in local currency. At their discretion, the air carriers of each Contracting Party may pay for such expenses in the territory of the other Contracting Party in freely convertible currencies according to local currency regulation.. Cooperative arrangements 7. In operating or holding out services under the this Agreement, any air carrier of a Contracting 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 Contracting Parties; and (b) any air carrier or carriers of a third country; and (c) any surface, land or maritime carriers; provided that (i) all participants in such arrangements hold the appro­ priate authority operating carrier holds the appropriate traffic rights and (ii) the marketing carriers hold the appropriate route rights within the relevant bilateral provisions and (iii) the arrangements meet the requirements relating to safety and competition normally applied to such arrangements. In respect of passenger transport sold involving code-shares, the purchaser shall be informed at the point of sale, or in any case before boardingat check-in, or on boarding where no check-in is required for a connecting flight, which transportation providers will operate each sector of the service.. Surface transport (a) In relation to the transport of passengers, surface transportation transport providers shall not be subject to laws and regulations governing air transport on the sole basis that such surface transportation transport is held out by an air carrier under its own name. Surface transportation transport providers have the discretion to decide whether to enter into cooperative arrangements. In deciding on any particular arrangement, surface transportation transport providers may consider, among other things, consumer interests and technical, economic, space, and capacity constraints. (b) Moreover, and notwithstanding any other provision of this Agreement, air carriers and indirect providers of cargo trans­ portation transport of the Contracting Parties shall be permitted, without restriction, to employ in connection with international inter­ national air transport any surface transportation transport for cargo to or from any points in the territories of Morocco Israel and the European CommunityUnion, or in third countries, including transport to and from all airports with customs facilities, and including, where applicable, the right[s] right to transport cargo in bond under applicable laws and regulationsregu­ lations. 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 transportation transport or to provide it through arrangements with other surface carriers, including surface transportation 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 transportation transport combined, provided that shippers are not misled as to the facts concerning such transportationtransport.

Appears in 1 contract

Samples: Euro Mediterranean Aviation Agreement

Commercial Opportunities. Air carrier representatives 1. The air carriers of each Contracting Party shall have the right to establish offices and facilities in the territory of the other Contracting Party required for the provision of air transport and for the promotion and sale of air transport and related activitiestransport, including ancillary or supplemental services. 2. The air carriers of each Contracting Party shall be entitled, in accordance with the laws and regulations of the other Contracting Party relating to entry, residence, residence and employment, to bring in and maintain in the territory of the other Contracting Party managerial, sales, technical, operational, and other specialist staff who are required to support the provision of air transport.. Ground handling (a) Without prejudice to point (b) below, each air carrier shall have in relation to groundhandling in the territory of the other Contracting Party: (i) the right to perform its own groundhandling ("self-hand­ ling’handling") or, at its option (ii) the right to select among competing suppliers that provide groundhandling services in whole or in part where such suppliers are allowed market access on the basis of the laws and regulations of each Contracting Party, and where such suppliers are present in the market. (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 under point (a)(i) and (ii) shall be subject only to specific physical or operational constraints according to the laws and regulations applicable in the territory of the other Contracting Party. Where such constraints preclude self-handling and where there is no effective competition between suppliers that provide ground­ handling groundhandling services, all such services shall be available on both an equal and an adequate non-discriminatory basis to all air carriers; prices of such services shall not exceed their full cost including a reasonable return on assets, after depreciation.. Sales, local expenses and transfer of funds 4. Any air carrier of each Contracting Party may engage in the sale of air transport in the territory of the other Contracting Party directly and/or, at the air carrier's discretion, through its sales agents or agents, other intermediaries appointed by the air carriercarrier or through the internet or any other available channel. Each air carrier shall have the right to sell such transportation, and any person shall be free to purchase such transportation, in the currency of that territory or in freely convertible currencies. 5. Each air carrier shall have the right to convert and remit at any time, in any way, freely without restrictions or taxation, in any freely convertible currency and at the official rate of exchange applicable, from the territory of the other Contracting 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. 6. The air carriers of each Contracting Party shall be permitted to pay for local expenses, including purchases of fuel, in the territory of the other Contracting Party in local currency. At their discretion, the air carriers of each Contracting Party may pay for such expenses in the territory of the other Contracting Party in freely convertible currencies according to local currency regulation.. Cooperative arrangements 7. In operating or holding out services under the this Agreement, any air carrier of a Contracting 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 Contracting Parties; and (b) any air carrier or carriers of a third country; and (c) any surface, land or maritime carriers; provided that (i) all participants in such arrangements hold the appro­ priate authority operating carrier holds the appropriate traffic rights and (ii) the marketing carriers hold the appropriate route rights within the relevant bilateral provisions and (iii) the arrangements meet the requirements relating to safety and competition normally applied to such arrangements. In respect of passenger transport sold involving code-shares, the purchaser shall be informed at the point of sale, or in any case before boardingat check-in, or on boarding where no check-in is required for a connecting flight, which transportation providers will operate each sector of the service.. Surface transport (a) In relation to the transport of passengers, surface transportation transport providers shall not be subject to laws and regulations governing air transport on the sole basis that such surface transportation transport is held out by an air carrier under its own name. Surface transportation transport providers have the discretion to decide whether to enter into cooperative arrangements. In deciding on any particular arrangement, surface transportation transport providers may consider, among other things, consumer interests and technical, economic, space, and capacity constraints. (b) Moreover, and notwithstanding any other provision of this Agreement, air carriers and indirect providers of cargo trans­ portation transport of the Contracting Parties shall be permitted, without restriction, to employ in connection with international air transport any surface transportation transport for cargo to or from any points in the territories of Morocco Israel and the European CommunityUnion, or in third countries, including transport to and from all airports with customs facilities, and including, where applicable, the right[s] 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 transportation transport or to provide it through arrangements with other surface carriers, including surface transportation 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 transportation transport combined, provided that shippers are not misled as to the facts concerning such transportationtransport. Leasing 9. a) The air carriers of each Contracting Party shall be entitled to provide the agreed services using aircraft leased with or without crew 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 Contracting Parties to such arrangements.

Appears in 1 contract

Samples: Euro Mediterranean Aviation Agreement

Commercial Opportunities. Air carrier representatives 1. The air carriers of each Contracting Party shall have the right to establish offices and facilities in the territory of the other Contracting Party required for the provision of air transport and for the promotion and sale of air transport and related activitiestransport, including ancillary or supplemental services. 2. The air carriers of each Contracting Party shall be entitled, in accordance with the laws and regulations of the other Contracting Party relating to entry, residence, residence and employment, to bring in and maintain in the territory of the other Contracting Party managerial, sales, technical, operational, and other specialist staff who are required to support the provision of air transport.. Ground handling (a) Without prejudice to point (b) below, each air carrier shall have in relation to groundhandling in the territory of the other Contracting Party: (i) the right to perform its own groundhandling ("self-hand­ ling’handling") or, at its option (ii) the right to select among competing suppliers that provide groundhandling services in whole or in part where such suppliers are allowed market access on the basis of the laws and regulations of each Contracting Party, and where such suppliers are present in the market. (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 under point (a)(i) and (ii) shall be subject only to specific physical or operational constraints according to the laws and regulations applicable in the territory of the other Contracting Party. Where such constraints preclude self-handling and where there is no effective competition between suppliers that provide ground­ ground- handling services, all such services shall be available on both an equal and an adequate non-discriminatory basis to all air carriers; prices of such services shall not exceed their full cost including a reasonable return on assets, after depreciation.. Sales, local expenses and transfer of funds 4. Any air carrier of each Contracting Party may engage in the sale of air transport in the territory of the other Contracting Party directly and/or, at the air carrier's discretion, through its sales agents or agents, other intermediaries appointed by the air carriercarrier or through the internet or any other available channel. Each air carrier shall have the right to sell such transportation, and any person shall be free to purchase such transportation, in the currency of that territory or in freely convertible currencies. 5. Each air carrier shall have the right to convert and remit at any time, in any way, freely without restrictions or taxation, in any freely convertible currency and at the official rate of exchange applicable, from the territory of the other Contracting 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. 6. The air carriers of each Contracting Party shall be permitted to pay for local expenses, including purchases of fuel, in the territory of the other Contracting Party in local EN L 208/10 OfficialJournalof the EuropeanUnion 2.8.2013 currency. At their discretion, the air carriers of each Contracting Party may pay for such expenses in the territory of the other Contracting Party in freely convertible currencies according to local currency regulation.. Cooperative arrangements 7. In operating or operatingor holding out services under the this Agreement, any air carrier of a Contracting Party may enter into cooperative marketing arrangements, such as blocked-space agreements or Leasing through arrangements with other surface carriers, 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. code-sharing arrangements, with: (a) any air carrier or carriers of the Contracting Parties; and (b) any air carrier or carriers of a third country; and (c) any surface, land or maritime carriers; provided that (i) all participants in such arrangements hold the appro­ priate authority operating carrier holds the appropriate traffic rights and (ii) the marketing carriers hold the appropriate route rights within the relevant bilateral provisions and (iii) the arrangements meet the requirements relating to safety and competition normally applied to such arrangements. In respect of passenger transport sold involving code-shares, the purchaser shall be informed at the point of sale, or in any case before boardingat check-in, or on boarding where no check-in is required for a connecting flight, which transportation providers will operate each sector of the service.. Surface transport (a) In relation to the transport of passengers, surface transportation transport providers shall not be subject to laws and regulations governing air transport on the sole basis that such surface transportation transport is held out by an air carrier under its own name. Surface transportation transport providers have the discretion to decide whether to enter into cooperative arrangements. In deciding on any particular arrangement, surface transportation transport providers may consider, among other things, consumer interests and technical, economic, space, and capacity constraints. (b) Moreover, and notwithstanding any other provision of this Agreement, air carriers and indirect providers of cargo trans­ portation transport of the Contracting Parties shall be permitted, without restriction, to employ in connection with international air transport any surface transportation transport for cargo to or from any points in the territories of Morocco Israel and the European CommunityUnion, or in third countries, including transport to and from all airports with customs facilities, and including, where applicable, the right[s] 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 transportation transport or to provide it through arrangements it (a) The air carriers of each Contracting Party shall be entitled to provide the agreed services using aircraft leased with other surface carriersor without crew from any air carrier, including surface transportation 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 transportation combinedfrom third countries, provided that shippers all participants in such arrangements meet the conditions prescribed under the laws and regulations normally applied by the Contracting Parties to such arrange- ments. (b) Neither Contracting Party shall require the air carriers leasing out their equipment to hold traffic rights under this Agreement. (c) The leasing with crew (wet-leasing) of an aircraft of an air carrier of a third country, other that those mentioned in Annex III, by an Israeli air carrier or by an air carrier of the European Union, in order to exploit the rights envisaged in this Agreement, shall remain exceptional or meet temporary needs. It shall be submitted to (i) the licensing authority of the leasing air carrier for prior approval and (ii) the competent authority of the other Contracting Party to where it is intended to operate the wet-leased aircraft for information. For the purposes of this subparagraph, the term "air- craft" means an aircraft of an air carrier of a third country, which is not prohibited to operate in the European Union and/or Israel. Franchising and Branding 10. The air carriers of each Contracting Party shall be entitled to enter into franchising or branding arrangements with companies, including air carriers, of either Contracting Party or third countries, provided that the air carriers hold the appropriate authority and meet the conditions prescribed under the laws and regulations applied by the Contracting Parties to such arrangements, particularly those requiring the disclosure of the identity of the air carriers operating the service. Airport slot allocation 11. Each Contracting Party shall ensure that its procedures, guidelines and regulations to manage slots applicable at airports in its territory are not misled as to the facts concerning such transportation.applied in a transparent, effective and non- discriminatory manner. EN

Appears in 1 contract

Samples: Euro Mediterranean Aviation Agreement

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Commercial Opportunities. 1. The air carriers of each Contracting Party shall have the right to establish offices in the territory of the other Contracting Party for the promotion and sale of air transport and related activities. 2. The air carriers of each Contracting Party shall be entitled, in accordance with the laws and regulations of the other Contracting Con- tracting Party relating to entry, residence, and employment, to bring in and maintain in the territory of the other Contracting Party managerial, sales, technical, operational, and other specialist special- ist staff who are required to support the provision of air transport. (a) Without prejudice to point (b) below, each air carrier shall have in relation to groundhandling in the territory xxxxx- xxxx of the other Contracting Party: (i) the right to perform its own groundhandling (‘self-hand­ lingself- handling’) or, at its option (ii) the right to select among competing suppliers that provide groundhandling services in whole or in part where such suppliers are allowed market access on the basis of the laws and regulations of each Contracting Party, and where such suppliers are present in the market. (b) For the following categories of groundhandling services ser- vices 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 under point (a)(i) and (ii) shall be subject only to specific constraints according to the laws and regulations applicable in the territory of the other Party. Where such constraints preclude self-handling and where there is no effective competition between suppliers that provide ground­ handling groundhandling services, all such services shall be available on both an equal and an adequate basis to all air carriers; prices of such services shall not exceed their full cost including a reasonable return on assets, after depreciation. 4. Any air carrier of each Contracting Party may engage in the sale of air transport in the territory of the other Contracting Party directly and/or, at the air carrier's ’s discretion, through its sales agents or other intermediaries appointed by the air carriercar- rier. Each air carrier shall have the right to sell such transportationtransporta- tion, and any person shall be free to purchase such transportation, in the currency of that territory or in freely convertible con- vertible currencies. 5. Each air carrier shall have the right to convert and remit from the territory of the other Contracting Party to its home territory ter- ritory 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 per- mitted 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 applica- tion for remittance. 6. The air carriers of each Contracting Party shall be permitted permit- xxx to pay for local expenses, including purchases of fuel, in the territory of the other Contracting 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 according to local currency regulation. 7. In operating or holding out services under the Agreement, any air carrier of a Contracting 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 Contracting Parties; and (b) any air carrier or carriers of a third country; and (c) any surface, land or maritime carriers; provided that (i) all participants in such arrangements hold the appro­ priate appropriate authority and (ii) the arrangements meet the requirements require- ments relating to safety and competition normally applied to such arrangements. In respect of passenger transport sold involving involv- ing code-shares, the purchaser shall be informed at the point of sale, or in any case before boarding, which transportation providers pro- viders will operate each sector of the service. (a) In relation to the transport of passengers, surface transportation trans- portation providers shall not be subject to laws and regulations governing air transport on the sole basis that such surface transportation is held out by an air carrier under its own name. Surface transportation providers have the discretion to decide whether to enter into cooperative arrangements. In deciding on any particular particu- lar arrangement, surface transportation providers may consider, among other things, consumer interests and technical, economic, space, and capacity constraints. (b) Moreover, and notwithstanding any other provision of this Agreement, air carriers and indirect providers of cargo trans­ portation transportation of the Contracting Parties shall be permitted, without restriction, to employ in connection connec- tion with international air transport any surface transportation trans- portation for cargo to or from any points in the territories of Morocco and the European Community, or in third countries, including transport to and from all airports with customs facilities, and including, where applicable, the right[s] 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 transportation trans- portation or to provide it through arrangements with other surface carriers, including surface transportation 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 transportation combined, provided that shippers are not misled as to the facts concerning such transportation.

Appears in 1 contract

Samples: Euro Mediterranean Aviation Agreement

Commercial Opportunities. 1. The air carriers of each Contracting Party shall have the right to establish offices and facilities in the territory of the other Contracting Party required for the provision of air transport and for the promotion and sale of air transport and related activitiestransport, including ancillary or supplemental services. 2. The air carriers of each Contracting Party shall be entitled, in accordance with the laws and regulations of the other Contracting Party relating to entry, residence, residence and employment, to bring in and maintain in the territory of the other Contracting Party managerial, sales, technical, operational, and other specialist staff who are required to support the provision of air transport. (a) Without prejudice to point (b) below, each air carrier shall have in relation to groundhandling in the territory of the other Contracting Party: (i) the right to perform its own groundhandling ("self-hand­ ling’handling") or, at its option (ii) the right to select among competing suppliers that provide groundhandling services in whole or in part where such suppliers are allowed market access on the basis of the laws and regulations of each Contracting Party, and where such suppliers are present in the market. (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 under point (a)(i) and (ii) shall be subject only to specific physical or operational constraints according to the laws and regulations applicable in the territory of the other Contracting Party. Where such constraints preclude self-handling and where there is no effective competition between suppliers that provide ground­ handling groundhandling services, all such services shall be available on both an equal and an adequate non- discriminatory basis to all air carriers; prices of such services shall not exceed their full cost including a reasonable return on assets, after depreciation. 4. Any air carrier of each Contracting Party may engage in the sale of air transport in the territory of the other Contracting Party directly and/or, at the air carrier's discretion, through its sales agents or agents, other intermediaries appointed by the air carriercarrier or through the internet or any other available channel. Each air carrier shall have the right to sell such transportation, and any person shall be free to purchase such transportation, in the currency of that territory or in freely convertible currencies. 5. Each air carrier shall have the right to convert and remit at any time, in any way, freely without restrictions or taxation, in any freely convertible currency and at the official rate of exchange applicable, from the territory of the other Contracting 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. 6. The air carriers of each Contracting Party shall be permitted to pay for local expenses, including purchases of fuel, in the territory of the other Contracting Party in local currency. At their discretion, the air carriers of each Contracting Party may pay for such expenses in the territory of the other Contracting Party in freely convertible currencies according to local currency regulation. 7. In operating or holding out services under the this Agreement, any air carrier of a Contracting Party may enter into cooperative marketing arrangements, such as blocked-blocked- space agreements or code-sharing arrangements, with: (a) any air carrier or carriers of the Contracting Parties; and (b) any air carrier or carriers of a third country; and (c) any surface, land or maritime carriers; provided that (i) all participants in such arrangements hold the appro­ priate authority operating carrier holds the appropriate traffic rights and (ii) the marketing carriers hold the appropriate route rights within the relevant bilateral provisions and (iii) the arrangements meet the requirements relating to safety and competition normally applied to such arrangements. In respect of passenger transport sold involving code-shares, the purchaser shall be informed at the point of sale, or in any case before boardingat check-in, or on boarding where no check-in is required for a connecting flight, which transportation providers will operate each sector of the service. (a) In relation to the transport of passengers, surface transportation transport providers shall not be subject to laws and regulations governing air transport on the sole basis that such surface transportation transport is held out by an air carrier under its own name. Surface transportation transport providers have the discretion to decide whether to enter into cooperative arrangements. In deciding on any particular arrangement, surface transportation transport providers may consider, among other things, consumer interests and technical, economic, space, and capacity constraints. (b) Moreover, and notwithstanding any other provision of this Agreement, air carriers and indirect providers of cargo trans­ portation transport of the Contracting Parties shall be permitted, without restriction, to employ in connection with international air transport any surface transportation transport for cargo to or from any points in the territories of Morocco Israel and the European CommunityUnion, or in third countries, including transport to and from all airports with customs facilities, and including, where applicable, the right[s] 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 transportation transport or to provide it through arrangements with other surface carriers, including surface transportation 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 transportation transport combined, provided that shippers are not misled as to the facts concerning such transportationtransport. (a) The air carriers of each Contracting Party shall be entitled to provide the agreed services using aircraft leased with or without crew 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 Contracting Parties to such arrangements. (b) Neither Contracting Party shall require the air carriers leasing out their equipment to hold traffic rights under this Agreement. (c) The leasing with crew (wet-leasing) of an aircraft of an air carrier of a third country, other that those mentioned in Annex III, by an Israeli air carrier or by an air carrier of the European Union, in order to exploit the rights envisaged in this Agreement, shall remain exceptional or meet temporary needs. It shall be submitted to (i) the licensing authority of the leasing air carrier for prior approval and (ii) the competent authority of the other Contracting Party to where it is intended to operate the wet-leased aircraft for information.

Appears in 1 contract

Samples: Aviation Agreement

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