Par Latvijas Republikas valdības un Ruandas Republikas valdības divpusējo nolīgumu par gaisa satiksmi
Īsumā
Šis likums apstiprina divpusēju nolīgumu starp Latvijas Republikas valdību un Ruandas Republikas valdību par gaisa satiksmi, lai regulētu starptautiskos gaisa pārvadājumus starp abām valstīm.
Ko tas regulē
- Gaisa satiksmes tiesību piešķiršanu starp Latviju un Ruandu.
- Aviokompāniju nozīmēšanas un pilnvarošanas kārtību.
- Nosacījumus, ar kādiem var atteikt, atsaukt, apturēt vai ierobežot pārvadājumu atļaujas.
- Aviācijas drošības un lidojumu drošības standartu ievērošanu.
Kam tas attiecas
- Latvijas Republikas valdība un Ruandas Republikas valdība.
- Aviokompānijas, kuras abas valstis nozīmē starptautisko gaisa satiksmes pakalpojumu veikšanai.
Galvenie punkti
- Katras Līgumslēdzējas Puses nozīmētajām aviokompānijām ir tiesības lidot pāri otras puses teritorijai bez apstāšanās, apstāties ar satiksmi nesaistītas apstāšanās nolūkos, kā arī uzņemt un/vai izlaist starptautiskās satiksmes pasažierus, bagāžu un kravu.
- Latvijas Republikas nozīmētai aviokompānijai jābūt reģistrētai Latvijas Republikas teritorijā saskaņā ar ES Līgumiem un tai jābūt derīgai licencei par tiesībām veikt gaisa pārvadājumus saskaņā ar Eiropas Savienības tiesību aktiem.
- Ruandas Republikas nozīmētai aviokompānijai jābūt reģistrētai Ruandas Republikas teritorijā un licencētai saskaņā ar Ruandas Republikas piemērojamajiem tiesību aktiem.
- Pārvadājumu atļaujas var tikt atteiktas, atsauktas, apturētas vai ierobežotas, ja netiek ievēroti noteiktie reģistrācijas, licencēšanas, kontroles vai drošības standarti.
Likuma teksts
Saeima ir pieņēmusi un Valsts prezidents izsludina šādu likumu: Par Latvijas Republikas valdības un Ruandas Republikas valdības divpusējo nolīgumu par gaisa satiksmi 1. pants. 2022. gada 6. decembrī A
THE GOVERNMENT OF THE REPUBLIC OF RWANDA CONTENTS PREAMBLE ARTICLE 1: DEFINITIONS ARTICLE 2: GRANT OF TRAFFIC RIGHTS ARTICLE 3: DESIGNATION
AUTHORISATION ARTICLE 4: WITHOLDING, REVOCATION, SUSPENSION
LIMITATION OF OPERATING AUTHORISATIONS ARTICLE 5: APPLICATION OF LAWS ARTICLE 6: AVIATION SAFETY ARTICLE 7: AVIATION SECURITY ARTICLE 8: MUTUAL RECOGNITION OF CERTIFICATES
LICENCES ARTICLE 9: FAIR COMPETITION ARTICLE 10: APPROVAL OF SCHEDULES ARTICLE 11: STATISTICS ARTICLE 12: COOPERATIVE MARKETING ARRANGEMENTS ARTICLE 13: COMMERCIAL ACTIVITIES ARTICLE 14: TARIFFS ARTICLE 15: CUSTOMS DUTIES
OTHER CHARGES ARTICLE 16: USER CHARGES ARTICLE 17: TRANSFER OF FUNDS ARTICLE 18: LEASING ARTICLE 19: INTERMODAL SERVICES ARTICLE 20: EXCHANGE OF INFORMATION ARTICLE 21: CONSULTATIONS ARTICLE 22: AMENDMENT OF AGREEMENT ARTICLE 23: SETTLEMENT OF DISPUTES ARTICLE 24: REGISTRATION ARTICLE 25: TERMINATION ARTICLE 26: ENTRY INTO FORCE PREAMBLE The Government of the Republic of Latvia
the Government of the Republic of Rwanda (hereinafter referred to as "the Contracting Parties"); Being parties to the Convention on International Civil Aviation opened for signature at Chicago on the seventh day of December 1944; Desiring to conclude an Agreement in conformity with
supplementary to the said Convention, for the purpose of establishing
operating air services between
beyond their respective territories; Acknowledging the importance of air transportation as a means of creating
fostering friendship, understanding
co-operation between the people of the two countries; Desiring to facilitate the expansion of international air transport opportunities; HAVE AGREED AS FOLLOWS: ARTICLE 1: DEFINITIONS
includes: (
- i)any amendment thereto which has entered into force under Article 94(
- a)of the Convention
has been ratified by both Contracting Parties;
(
- ii)any annex or amendment adopted thereto under Article 90 of that Convention, insofar as such annex or amendment is at any given time effective for both Contracting Parties;
- b)"aeronautical authorities" means in the case of the Republic of Latvia, the Ministry of Transport;
in the case of the Republic of Rwanda, the Ministry in charge of Civil Aviation,
the Rwanda Civil Aviation Authority, or in both cases, their successors or any person or body who may be authorised to perform any functions at present exercisable by the above-mentioned authorities or similar functions;
- c)"agreed services" means scheduled international air services which can be operated, according to the provisions of this Agreement, on the specified routes;
- d)"Agreement" means this Agreement, its Annex drawn up in application thereof,
any amendment to the Agreement or to the Annex; e) "air service", "airline", "international air service"
"stop for non-traffic purposes" have the meanings respectively assigned to them in Article 96 of the Convention;
- f)"capacity" in relation to an aircraft means the payload of that aircraft available on a route or section of a route; "capacity" in relation of agreed services means the capacity of the aircraft used in such service, multiplied by the frequency of the flight operated by such aircraft over a given period on a route or section of route;
- g)"cargo" includes mail;
- h)"designated airline" means an airline that has been designated
authorised in accordance with Article 3 (Designation
Authorisation) of this Agreement; i) "tariffs" means the prices which the designated airlines charge for the carriage of passengers, baggage
cargo
the conditions under which those prices apply, including the commissions paid to agencies
other auxiliary services, but excluding remuneration
conditions for carriage of mail; j) "territory" in relation to the Contracting Party has the meaning assigned to it in Article 2 of the Convention;
k) "user charges" means charges made to airlines by the competent authorities or permitted by them to be made for the provision of airport facilities, property
/or of air navigation facilities, including related services
facilities for aircraft, their crews, passengers, baggage
cargo;
all references to words in the plural shall be construed to include the singular as the context requires.
the Treaty on the Functioning of the European Union. ARTICLE 2: GRANT OF TRAFFIC RIGHTS
operate agreed services.
- a)the right to fly across the territory of the other Contracting Party without landing;
- b)the right to make stops in the territory of the other Contracting Party for non-traffic purposes;
- c)the right to make stops in the territory of the other Contracting Party, for the purpose of taking on
/or discharging international traffic in passengers, baggage
cargo, separately or in any combination, while operating the agreed services in the route schedule annexed to this Agreement;
d) the rights otherwise specified in this Agreement.
Authorisation) of this Agreement, shall also enjoy the rights specified in subparagraphs 2(a)
2(b) of this Article.
cargo carried for remuneration or hire
destined for another point within the territory of that other Contracting Party.
unusual circumstances a designated airline of one Contracting Party is unable to operate a service on its normal routing, the other Contracting Party shall use its best efforts to facilitate the continued operation of such service through appropriate temporary rearrangement of routes as is mutually decided by the Contracting Parties.
other facilities provided by the other Contracting Party on a non-discriminatory basis.
AUTHORISATION
to withdraw or alter the designation of any such airline or to substitute another airline for one previously designated. Such designations
any changes thereto shall be made in writing by the aeronautical authorities of the Contracting Party having designated the airline to the aeronautical authorities of the other Contracting Party.
on application from the designated airline in the form
manner prescribed, the other Contracting Party shall, grant the appropriate operating authorisations with minimum procedural delay, provided:
- a)in the case of an airline designated by the Republic of Rwanda: (
- i)it is established in the territory of Republic of Rwanda
is licensed in accordance with the applicable law of the Republic of Rwanda, (ii) effective regulatory control of the airline is exercised
maintained by the Republic of Rwanda responsible for issuing its air operator's certificate
the relevant aeronautical authority is clearly identified in the designation;
- b)in the case of an airline designated by the Republic of Latvia: (
- i)it is established in the territory of the Republic of Latvia under the EU Treaties
has a valid operating licence in accordance with European Union law; (ii) effective regulatory control of the airline is exercised
maintained by the European Union Member State responsible for issuing its air operator's certificate
the relevant aeronautical authority is clearly identified in the designation; (iii) the airline is owned, directly or through majority ownership,
it is effectively controlled by Member States of the European Union or the European Free Trade Association
/or by nationals of such states; c) the designated airline is qualified to meet the conditions prescribed under the laws
regulations normally applied to the operation of international air services by the Contracting Party considering the application;
d) the Contracting Party designating the airline is maintaining
administering the standards set forth in Article 6 (Aviation Safety)
Article 7(Aviation Security) of this Agreement.
authorised, it may begin at any time to operate the agreed services in whole or in part, provided that the airline complies with the applicable provisions of this Agreement. ARTICLE 4: WITHOLDING, REVOCATION, SUSPENSION
LIMITATION OF OPERATING AUTHORISATIONS
is not licensed in accordance with the applicable laws of the Republic of Rwanda; or (
- ii)effective regulatory control of the airline is not exercised or not maintained by the Republic of Rwanda responsible for issuing its air operator's certificate, or the relevant aeronautical authority is not clearly identified in the designation; or
- b)in the case of an airline designated by the Republic of Latvia: (
- i)it is not established in the territory of Latvia under the EU Treaties or does not have a valid Operating Licence in accordance with European Union law; or (
- ii)effective regulatory control of the airline is not exercised or not maintained by the European Union Member State responsible for issuing its Air Operator Certificate, or the relevant aeronautical authority is not clearly identified in the designation; or (iii) the airline is not owned, directly or through majority ownership, or it is not effectively controlled by Member States of the European Union or the European Free Trade Association
/or by nationals of such states; c) the airline is not qualified to meet other conditions prescribed under the laws
regulations normally applied to the operation of international air services by the Contracting Party receiving the designation; or d) the other Contracting Party designating the airline is not maintaining
administering the standards as set forth in Article 6 (Aviation Safety)
Article 7(Aviation Security) of this Agreement; or e) the airline otherwise fails to operate in accordance with the conditions prescribed under this Agreement.
Article 7(Aviation Security) of this Agreement.
regulations relating to the operation
navigation of aircraft shall be complied with by the designated airline(s) of other Contracting Party.
regulations relating to the admission to, or departure from its territory of passengers, baggage, crew
cargo, on aircraft (including regulations relating to entry, exit, clearance, aviation security, emigration, immigration, passports, customs, currency, health, quarantine
sanitary measures or in the case of mail, postal laws
regulations) shall be complied with by or on behalf of such passengers, baggage, crew
cargo of the other Contracting Party's airline(s).
- s)over the designated airline(
- s)of the other Contracting Party in the application of the laws
regulations provided for in this Article.
cargo in direct transit across the territory of each Contracting Party
not leaving areas of the airport reserved for such purpose shall, except in respect of security measures against violence, air piracy, narcotics control be subject to no more than a simplified control. Such baggage
cargo in direct transit shall be exempt from customs duties, excise taxes
other similar national
/or local fees
charges. ARTICLE 6: AVIATION SAFETY
operation of the designated airlines. Such consultations shall take place within thirty
administer safety standards in any such area that are at least equal to the minimum standards established at that time pursuant to the Convention, the other Contracting Party shall be notified of those findings
the steps considered necessary to conform with those minimum standards,
the other Contracting Party shall take appropriate corrective action. Failure by the other Contracting Party to take appropriate action within fifteen
Limitation of Operating Authorisations) of this Agreement.
the apparent condition of aircraft
its equipment (in this Article called "ramp inspection").
- a)serious concerns that an aircraft or the operation of an aircraft does not comply with the minimum standards established at that time pursuant to the Convention; or
- b)serious concerns that there is a lack of effective maintenance
administration of safety standards established at that time pursuant to the Convention; the Contracting Party carrying out the inspection shall, for the purposes of Article 33 of the Convention, be free to conclude that the requirements under which the certificate or licences in respect of that aircraft or in respect of the flight crew of that aircraft had been issued or rendered valid or that the requirements under which that aircraft is operated are not equal to or above the minimum standards established pursuant to the Convention.
draw the conclusions referred to in that paragraph.
obligations under international law, the Contracting Parties reaffirm that their obligation to each other to protect the security of civil aviation against acts of unlawful interference forms an integral part of this Agreement.
obligations under international law, the Contracting Parties shall in particular act in conformity with the provisions of the Convention on Offences
Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on 16 December 1970, the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 September, 1971
the Supplementary Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, signed at Montreal on 24 February 1988,
any other convention
protocol relating to the security of civil aviation which both Contracting Parties adhere to.
other unlawful acts against the safety of such aircraft, their passengers
crew, airports
air navigation facilities
any other relevant threat to the security of civil aviation.
designated as annexes to the Convention to the extent that such security provisions are applicable to the Contracting Parties.
the operators of airports in their territory act in conformity with such aviation security provisions as are applicable to the Contracting Parties.
to ensure security screening of passengers, crew
carry-on items
to carry out appropriate security checks on baggage, cargo
aircraft stores prior to boarding or loading. Each Contracting Party also agrees to give positive consideration to any request from the other Contracting Party for reasonable special security measures to meet a particular threat.
crew, airports
air navigation facilities occurs, the Contracting Parties shall assist each other by facilitating communications
other appropriate measures intended to terminate such incident or threat as rapidly as possible commensurate with minimum risk to life from such incident or threat.
Limitation of Operating Authorisations) of this Agreement. When required by an emergency, a Contracting Party may take interim action under paragraph
LICENCES
licences issued, or rendered valid by one Contracting Party
still in force, shall be recognised as valid by the other Contracting Party for the purpose of operating the agreed services on the specified routes, provided that the requirements under which such certificates
licences were issued, or rendered valid, are equal to or higher than the minimum requirements which are, or may be in the future, established under the Convention.
licences granted to its own nationals by the other Contracting Party.
equal opportunity for the designated airlines to compete freely in providing the international air transportation governed by this Agreement.
anti-competitive or predatory practices in the exercise of the rights
entitlements set out in this Agreement.
the number of frequencies to be operated based upon commercial consideration in the marketplace. Consistent with this right, neither Contracting Party shall unilaterally limit the volume of traffic, frequencies or regularity of service or the aircraft type(s) operated by the designated airlines of the other Contracting Party, except as may be required for customs, technical, operational or environmental requirements under uniform conditions consistent with Article 15 of the Convention.
period of validity. This requirement shall likewise apply to any modification thereof.
favorable consideration to such request. ARTICLE 11: STATISTICS The aeronautical authorities of each Contracting Party shall provide or cause its designated airline(s) to provide to the aeronautical authorities of the other Contracting Party, at their request, statistics relating to the traffic uplifted from
discharged in the territory of that other Contracting Party as may be reasonably required. ARTICLE 12: COOPERATIVE MARKETING ARRANGEMENTS
- a)an airline(
- s)of the same Contracting Party, or
- b)an airline(
- s)of the other Contracting Party; or
- c)an airline(
- s)of a third country, provided that all airlines in such arrangements hold the appropriate authority to operate on the routes
segments concerned.
with which airline the purchaser is entering into a contractual relationship.
protected with respect to code-share flights operating to or from their territory
that, as a minimum, passengers be provided with the necessary as provided for in paragraph 2 of this Article.
marketing international air services as well as for other ancillary products
facilities required for the provision of air services.
regulations of the other Contracting Party relating to entry, residence
employment, to bring in
maintain in the territory of the other Contracting Party managerial, operational, sales, technical
specialist personnel of any nationality
representatives as they may be required in connection with the provision of air services.
staff requirements mentioned in paragraph 2 of this Article may, at the option of the designated airline, be satisfied by its own personnel of any nationality or by using the services of any other airline, organisation or company operating in the territory of the other Contracting Party
authorised to perform such services in the territory of such other Contracting Party.
at their discretion, through agents, have the right to engage in the sale of air services
its ancillary products
facilities in the territory of the other Contracting Party.
any person shall be free to purchase, such air services
its ancillary products
facilities in local currency or in any other freely convertible currency.
regulations applicable to ground handling in the territory of one Contracting Party do not allow self-handling or limit the freedom to contract these services out, each designated airline shall be treated on a non-discriminatory basis as regards their access to ground handling services provided by a supplier or suppliers. ARTICLE 14: TARIFFS
- a)prevention of tariffs whose application constitutes anti-competitive behavior which has or is likely to or intended to have the effect of crippling a competitor or excluding a competitor from a route;
- b)protection of consumers from tariffs that are unreasonably high or restrictive due to the abuse of a dominant position;
c) protection of designated airlines from tariffs that are artificially low.
proposed tariffs to the aeronautical authorities of the Contracting Parties in manner
format acceptable to those aeronautical authorities.
notify the other Contracting Party of the reasons for its dissatisfaction as soon as possible. These consultations shall be held not later than thirty
the Contracting Parties shall cooperate in securing information necessary for reasoned resolution of the issue. If the Contracting Parties reach agreement with respect to a tariff for which a notice of dissatisfaction has been given, each Contracting Party shall use its best efforts to put that agreement into effect. Without such mutual agreement to the contrary, the tariff shall go into effect or continue in effect. ARTICLE 15: CUSTOMS DUTIES
OTHER CHARGES
all other national
/or local duties
charges on aircraft as well as their regular equipment, fuel, lubricants, maintenance equipment, aircraft tools, consumable technical supplies, spare parts including engines, aircraft stores including but not limited to such items as food, beverages, liquor, tobacco
other products for sale to or use by passengers during flight
other items intended for or used solely in connection with the operation or servicing of aircraft used by such designated airlines, as well as printed ticket stock, airway bills, staff uniforms, computers
ticket printers used by the designated airlines for reservations
ticketing, any printed material which bears the insignia of the designated airline printed thereon
usual publicity
promotional materials distributed free of charge by such designated airlines.
- a)introduced into the territory of one Contracting Party by or on behalf of a designated airline of the other Contracting Party;
- b)retained on board the aircraft of a designated airline of one Contracting Party upon arriving in
until leaving the territory of the other Contracting Party
/or consumed during flight over that territory; or c) taken on board the aircraft of a designated airline of one Contracting Party in the territory of the other Contracting Party
intended for use in operating the agreed services; whether or not such items are used or consumed wholly or partly within the territory of the Contracting Party granting the exemption, provided such items are not alienated in the territory of the said Contracting Party.
stores normally retained on board the aircraft used by the designated airline of either Contracting Party may be unloaded in the territory of the other Contracting Party only with the approval of the customs authorities of that other Contracting Party. In such case, they may be required to be placed under the supervision of the said authorities up to such time as they are re-exported or otherwise disposed of in accordance with customs regulations.
the other items referred to in paragraph 1 of this Article, provided that that other airline enjoys the same exemption(s) from that other Contracting Party. ARTICLE 16: USER CHARGES
other aviation facilities are just
reasonable. These charges shall be based on sound economic principles
shall not be higher than those paid by other airlines for such services.
shall not impose or permit to be imposed, on the designated airline(
- s)of the other Contracting Party user charges higher than those imposed on its own designated airline(
- s)operating similar international air services using similar aircraft
associated facilities
services.
the designated airlines of the other Contracting Party using the services
facilities, where practicable through those airlines' representative organisations. Each Contracting Party shall encourage the competent charging bodies to provide users with reasonable notice whenever possible of any proposal for changes in user charges together with relevant supporting information
data, to enable users to express their views before the charges are revised. ARTICLE 17: TRANSFER OF FUNDS
- s)of the other Contracting Party the right to transfer freely the excess of receipts over expenditure earned by such airline(
- s)in its territory in connection with the sale of air services. Such transfers shall be effected in any convertible currency, in accordance with the foreign exchange regulations of the Contracting Party in the territory of which the revenue accrued. Such transfer shall be effected on the basis of official exchange rates or where there is no official exchange rate, such transfers shall be effected on the basis of the prevailing foreign exchange market rates for current payments.
Article 7(Aviation Security) of this Agreement.
crew) leased from any company, including other airlines, provided that this would not result in a lessor airline exercising traffic rights it does not have. ARTICLE 19: INTERMODAL SERVICES The designated airline(s) of each Contracting Party shall be permitted to use surface modes of transport, subject to the national laws
regulations of the Contracting Party receiving the designated airline(s), in conjunction with the international passenger
/or cargo air services. ARTICLE 20: EXCHANGE OF INFORMATION The aeronautical authorities of both Contracting Parties shall exchange information as needed in order to achieve close cooperation
agreement in all matters pertaining to the application of this Agreement. ARTICLE 21: CONSULTATIONS
satisfactory compliance with, the provisions of this Agreement.
Article 7
(Aviation Security) of this Agreement, either Contracting Party may at any time request consultations on the implementation, interpretation, application or amendment of this Agreement
/or its Annex. Such consultations, which may be through discussion or correspondence, shall begin within a period of sixty
- b)if within the time limits specified in subparagraph 3(
- a)of this Article, any appointment has not been made, either Contracting Party may, in writing, request the President of the Council of the International Civil Aviation Organization to make the necessary appointment within thirty
the limits of its jurisdiction in accordance with this Agreement. The tribunal shall establish its own procedure. At the direction of the tribunal, or at the written request of either of the Contracting Parties, a conference to determine the precise issues to be arbitrated shall be held not later than thirty
such clarification shall be issued within fifteen
an equal share of the other costs of the tribunal, including any expenses incurred by the President or Vice President of the Council of the International Civil Aviation Organization in implementing the procedures in subparagraph 3(b) of this Article.
as long as, either Contracting Party fails to comply with a decision contemplated in paragraph 6 of this Article, the other Contracting Party may withhold, limit, suspend or revoke any rights or privileges which it has granted under this Agreement to the Contracting Party in default. ARTICLE 24: REGISTRATION This Agreement
any amendments thereto shall be registered upon their entry into force with the International Civil Aviation Organization. ARTICLE 25: TERMINATION
English languages, both texts being equally authentic. In the case of divergency, the English language shall prevail. Done at Abuja on this 6 day of December of the year 2022. FOR THE GOVERNMENT OF THE REPUBLIC OF LATVIA Ilonda Stepanova Deputy State Secretary Ministry of Transport FOR THE GOVERNMENT OF THE REPUBLIC OF RWANDA Stanislas Kamanzi Rwanda's High Commissioner to Nigeria ROUTE SCHEDULE Section 1: Routes to be operated by the designated airline(s) of Rwanda: FROM INTERMEDIATE POINTS TO BEYOND POINTS Any Points Any Points Any Points Any Points Section 2: Routes to be operated by the designated airline(s) of Latvia: FROM INTERMEDIATE POINTS TO BEYOND POINTS Any Points Any Points Any Points Any Points NOTES
at its option: (
- a)operate flights in either or both directions; (
- b)combine different flight numbers within one aircraft operation; (
- c)serve intermediate
beyond points
points in the territories of the Contracting Parties on the routes in any combination
in any order; (
- d)omit stops at any point or points; (
- e)transfer traffic, including code-sharing operations, from any of its aircraft to any of its other aircraft at any point on the routes; (
- f)serve points behind any point in the territory of the Contracting Party designating the airline with or without change of aircraft or flight number
may hold out
advertise such services to the public as through services;
(g) make stopovers at any point whether within or outside the territories of the Contracting Parties.
/or beyond points of their own choice while operating any type of services (passenger
/or cargo, separately or in combination).