Agreement Between The Government Of The Republic Of Poland And The Government Of The Republic Of Latvia Concerning Civil Air Transport

The Government of the Republic of Poland and the Government of the Republic of Latvia, hereinafter called "the Contracting Parties",

desiring to promote the mutual relations in the area of civil aviation,

have agreed as follows:

Article 1

For the purposes of this Agreement and of the Annex thereto:

(a) the term "aeronautical authority" shall mean in the case of the Republic of Poland — the Minister of Transport and Maritime Economy, and, in the case of the Republic of Latvia — the Minister of Transport, or in both cases, any person or body authorized to perform any functions being the responsibility of the said authorities;

(b) the term "designated airline" shall mean an airline which have been designated for the purpose of operating, the agreed services on the routes specified in the Annex to this Agreement and which has obtained the operating authorization, in accordance with the provisions of Article 3 of this Agreement.

Article 2

Each Contracting Party grants to the other Contracting Party the rights specified in this Agreement for the purpose of establishing scheduled international air services on the routes specified in the Annex thereto.

Such services and routes are hereinafter called "the agreed services" and "the specified routes" respectively. The airlines designated by each Contracting Party shall enjoy, while operating an agreed service on a specified route, the following rights:

(a) to fly without landing across the territory of the other Contracting Party,

(b) to make stops in the said territory for non-traffic purposes,

(c) to take on and to put down in international traffic passengers, mail and cargo at the specified points on the specified routes, subject to the provisions of this Agreement and the Annex thereto.

Article 3

1. Each Contracting Party shall have the right to designate an airline for the purpose of operating the agreed services on the specified routes. This designation shall be notified by the aeronautical authorities of one Contracting Party to the aeronautical authorities of the other Contracting Party.

2. The Contracting Party having received the notification of designation shall, subject to the provisions of paragraphs 3 and 4 of this Article, without delay grant the appropriate operating authorization to the airline designated by the other Contracting Party. The granted operating authorization shall not be transferred or transmitted to another airline without consent of this Contracting Party which granted such authorization.

3. The aeronautical authorities of one Contracting Party may require an airline designated by the other Contracting Party to satisfy them that it is qualified to fulfil the conditions prescribed under the laws and regulations normally applied to the operations of international air services by such authorities in conformity with the provisions of the Convention on International Civil Aviation opened for signature at Chicago on 7th December 1944, with the later amendments thereto.

4. Each Contracting Party shall have the right to refuse to grant the operating authorization referred to in paragraph 2 of this Article or to impose such conditions as it may deem necessary on the exercise by a designated airline of the rights specified in Article 2 of this Agreement, if the said Contracting Party is not satisfied that substantial ownership and effective control of that airline are vested in the Contracting Party designating the airline or in its nationals.

5. When a designated airline has been so authorized under paragraph 2 of this Article, it may begin at any time to operate each agreed service provided that a tariff established in accordance with the provisions of Article 12 of this Agreement is in force in respect of that service.

Article 4

1. Each Contracting Party shall have the right to revoke an operating authorization or to suspend the exercise of the rights specified in Article 2 of this Agreement by an airline designated by the other Contracting Party or to impose such conditions as it may deem necessary on the exercise of these rights:

(a) in any case where it is not satisfied that substantial ownership and effective control of that airline are vested in the Contracting Party designating the airline or in nationals of such Contracting Party, or

(b) in the case of failure by that airline to comply with the laws or regulations of the Contracting Party granting these rights, or

(c) in case the airline fails to operate in accordance with the conditions prescribed in this Agreement and the Annex thereto.

2. Unless immediate revocation, suspension or imposition of the conditions mentioned in paragraph 1 of this Article is essential to prevent further infringements of laws or regulations such right shall be exercised only after consultation with the other Contracting Party.

Article 5

1. The airlines designated by the Contracting Parties for the purpose of operating the agreed services shall provide capacity adequate to meet the current and reasonably anticipated requirements for the international carriage on these services.

2. If the national regulations of a Contracting Party so require the agreements, which may be concluded between the designated airlines for the purpose of operating the agreed services, shall be subject to the approval of the aeronautical authorities of the said Contracting Party.

Article 6

1. Certificates of airworthiness, certificates of competency and licences issued or rendered valid by one Contracting Party and still in force shall be recognized as valid by the other Contracting Party for the purpose of operating the agreed services provided that the requirements under which such certificates and licences were issued or rendered valid are equal to or above the minimum standards which may be established pursuant to the Chicago Convention.

2. Each Contracting Party reserves the right, however, of refusing to recognize the validity of the certificates of competency and the licences granted to its own nationals by the other Contracting Party for the purpose of overflying its own territory.

Article 7

1. Each Contracting Party undertakes to facilitate and assist aircraft of the other Contracting Party and its passengers and crew in case of emergency or accident in its territory. Such assistance should be offered by either Contracting Party to the other Contracting Party in the same way and extent as it is offered to its own aircraft, passengers and crew.

2. In case of accident, emergency, forced landing, damage or crash occured to an aircraft of one Contracting Party, the other Contracting Party shall:

(a) act in accordance with the provisions of Annex 13 to the Convention;

(b) render all possible assistance to the said aircraft;

(c) take immediately all possible measures in order to assist the crew and passengers who were involved in the accident;

(d) inform immediately the other Contracting Party about the accident;

(e) protect the mail, baggage and cargo carried on board the aircraft;

(f) preserve all the remaining wreckage and traces of the crashed aircraft as well as all documentation on board the aircraft and all relevant documentation connected with the flight.

3. The Contracting Party in whose territory the accident occured shall take the proper action for an investigation on the circumstances and causes of the accident, and on the request of the other Contracting Party shall allow the representatives of this other Contracting Party free entrance in its territory in order to be present as observers on the investigation of the accident.

4. The Contracting Party, on carrying out the inquiry, shall communicate the results thereof to the other Contracting Party and, on request, the first Contracting Party shall furnish copies of all documents in connection with the accident. These copies shall contain all documents and data required, pursuant to the laws and regulations for international flights in the territory of the Contracting Party performing the investigation.

Article 8

1. Aircraft engaged in international services by the designated airline of either Contracting Party, as well as their regular equipment, supplies of fuel and lubricants and aircraft stores (including food, beverages and tobacco) on board such aircraft shall be exempt from customs duties, inspection fees and other duties or taxes on arriving in the territory of the other Contracting Party, provided this aircraft is re-exported and such equipment, supplies and stores remain on board this aircraft up to such time as they are re-exported.

2. There shall also be exempt from the same duties, fees and taxes with the exception of charges corresponding to the performed service:

(a) aircraft stores taken in the territory of either Contracting Party, within limits fixed by the authorities of the said Contracting Party, and destined for use on board outbound aircraft operated on an international service by the designated airline of the other Contracting Party;

(b) spare parts and regular equipment entered into the territory of one of the Contracting Parties and destined for the maintenance or repair of aircraft engaged in an international service by the designated airline of the other Contracting Party;

(c) fuel and lubricants destined to supply aircraft engaged in an international services by the designated airline of the other Contracting Party even when these supplies are to be used on the part of the flight performed over the territory of the Contracting Party in which they are taken on board;

(d) advertising materials used by the designated airline on the territory of the other Contracting Party.

3. If national laws or regulations of either Contracting Party so require material referred to in paragraphs 1 and 2 of this Article shall be kept under customs control of the said Contracting Party.

Article 9

The regular airborne equipment, as well as the materials and supplies retained on board of the aircraft operated 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 such territory. In such case, they may be placed under the supervision of the said authorities up to such time as they re-exported or otherwise disposed of with the consent of the same authorities.

Article 10

Passengers, baggage and cargo in direct transit across the territory of one Contracting Party and not leaving the area of the airport reserved for such purpose shall only be subject to a very simplified control. Baggage and cargo in direct transit shall be exempt from customs duties and other similar taxes.

Article 11

1. The laws and regulations of each Contracting Party governing the admission to, remaining in and departure from its territory of aircraft engaged in international navigation and the operation and navigation of aircraft while within the limits of its territory, shall also be applied to the aircraft of the designated airline of the other Contracting Party.

2. The laws and regulations of each Contracting Party governing the admission to, remaining in and departure from its territory of passengers, crews, mail and cargo transported on board of aircraft and in particular these regarding passports, customs and sanitary control shall be applied to passengers, crews, mail and cargo taken on board of the aircraft of the designated airline of the other Contracting Party.

Article 12

1. The tariffs to be charged by the designated airline of one Contracting Party for carriage to or from the territory of the other Contracting Party shall be established at reasonable levels, due regard being paid to all relevant factors including cost of operation, reasonable profit and the tariffs of other airlines.

2. The tariffs referred to in paragraph 1 of this Article shall, if possible, be agreed by the designated airlines concerned of both Contracting Parties, in consultation with other airlines operating over whole or part of the route. Such agreement shall, where possible, be reached through the rate-fixing machinery established by the International Air Transport Association.

3. The tariffs so agreed shall be submitted for the approval of the aeronautical authorities of the Contracting Parties at least forty-five days before the proposed date of their introduction. In special cases, this time limit may be reduced, subject to the agreement of the said authorities.

4. If the designated airlines cannot agree on any of these tariffs, or if for some reason a tariff cannot be fixed in accordance with the provisions of paragraph 2 of this Article or, if during the first thirty days of the forty-five days period reffered to in paragraph 3 of this Article the aeronautical authorities of one Contracting Party give the aeronautical authorities of the other Contracting Party notice of their dissatisfaction with any tariff agreed in accordance with the provision of paragraph 2 of this Article, the aeronautical authorities of both Contracting Parties shall try to determine the tariff by agreement between themselves.

5. No tariffs shall come into force if the aeronautical authorities of the Contracting Parties have not approved it.

6. The tariffs established in accordance with the provisions of this Article shall remain in force until new tariffs have been established in accordance with the provisions of this Article.

Article 13

Accounts and payments between the designated airlines shall be settled in conformity with the provisions of the payment agreement being in force between both countries and in conformity with currency regulations being in force on their territories.

In the absence of the appropriate provisions of payment agreement, the above mentioned accounts and payments shall be settled in convertible currency.

Article 14

1. Each Contracting Party exempts receipts coming from the operation of aircraft in international traffic by the designated airline from any taxes, charges from profits as well as from other financial charges.

2. Each Contracting Party undertakes not to collect taxes from salaries of employees of the other Contracting Party delegated from its country to work in the representations mentioned in Article 15 of this Agreement.

Article 15

The designated airlines shall have the right to maintain on the territory of the other Contracting Party their representations with the necessary personnel to operate the agreed air services.

Article 16

In a spirit of close co-operation, the aeronautical authorities of the Contracting Parties shall consult each other from time to time with a view to ensuring the implementation of, and satisfactory compliance with, the provisions of this Agreement and Annex thereto.

Article 17

1. If any dispute arises between the Contracting Parties relating to the interpretation or application of this Agreement, the Contracting Parties shall in the first place endeavour to settle it by negotiation.

2. If the Contracting Parties fail to reach a settlement by negotiation, they may agree to refer the dispute for decision to some person or body, or the dispute may at the request of either Contracting Party be submitted for the decision to a tribunal of three arbitrators, one to be nominated by each Contracting Party and the third to be appointed by the two so nominated. Each of the Contracting Parties shall nominate an arbitrator within a period of sixty days from the date of receipt by either Contracting Party from the other of a notice through diplomatic channels requesting arbitration of the dispute and the third arbitrator shall be appointed within a further period of sixty days. If either of the Contracting Parties fails to nominate an arbitrator within the period specified, or if the third arbitrator is not appointed within the period specified, the President of the Council of the International Civil Aviation Organization may be requested by either Contracting Party to appoint an arbitrators as the case requires. In such case, the third arbitrator shall be a national of a third State and shall act as president of the arbitral body.

3. The Contracting Parties undertake to comply with any decision given under paragraph 2 of this Article.

Article 18

1. The Contracting Parties reaffirm their rights and obligations under international law, including the Convention on International Civil Aviation, signed at Chicago on 7 December 1944, and including the Convention on Offences and Certain Other Acts committed on board Aircraft, signed at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at the Hague on 16 December 1970, and the Convention for the Suppression of Acts against the Safety of Civil Aviation, signed at Montreal on 23 September 1971. The Contracting Parties affirm that their obligations to protect the security of civil aviation against acts of unlawful interference form an integral part of their mutual relations under the present Agreement.

2. The Contracting Parties shall provide upon request all possible assistance to each other to prevent acts unlawful seizure of aircraft and other unlawful acts against the safety of passengers, crew, aircraft, airports and air navigation facilities and any other threat to aviation security.

3. The Contracting Parties shall, in their mutual relations, act in conformity with the aviation security standards established by the International Civil Aviation Organization and designated as Annexes to the Convention to the extent that such security standards are applicable to the Contracting Parties, and shall require that operators of aircraft of their registry or operators who have their principal place of business or permanent residence in their territory, and the operators of airports in their territory, act in conformity with such aviation security standards.

4. Each Contracting Party agrees that is airline(s) may be required to observe the aviation security standards referred to in paragraph 3 required by the other Contracting Party, for entrance into, departure from, or while within, the territory of that other Contracting Party. Each Contracting Party shall ensure that effective measures are taken within its territory to protect aircraft, to screen passengers and their carry on items, and to carry out appropriate checks on crew, cargo and aircraft stores prior to and during boarding or loading. Each Contracting Party shall also act favourably upon any request from the other Contracting Party for reasonable special security measures to meet a particular threat.

5. When an incident or threat of an incident of unlawful seizure of civil aircraft or other unlawful acts against the safety of such aircraft, their passengers and crew, airports or air navigation facilities occur, the Contracting Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely such incident or threat thereof.

Article 19

1. Either Contracting Party may in any time propose to the other Contacting Party any amendment which it considers desirable to bring to this Agreement. The consultations between the Contracting Parties concerning the proposed amendments shall begin a period sixty days from the date of the presentation of the request for such consultation by one Contracting Party.

2. If either Contracting Party considers it desirable to amend the Annex to this Agreement, the aeronautical authorities of both Contracting Parties may agree upon any such amendment.

3. Any amendments to this Agreement or its Annex pursuant to paragraph 1 or 2 of this Article shall come into effect when confirmed by an exchange of notes between the Contracting Parties.

Article 20

This Agreement is concluded for indefinite time.

Either Contracting Party may at any time denounce it by notification. In such a case this Agreement shall terminate twelve months after the date of receipt of notification by the other Contracting Party.

Article 21

This Agreement shall be registered with International Civil Aviation Organization.

Article 22

1. This Agreement shall be approved pursuant to the national legislation of each of two States and shall come into effect on the day of the exchange of notes stating that this legislation has been complied with.

2. This Agreement shall provisionally apply from the date of signature.

Done in duplicate at Riga on the 1st of July 1992 in the Polish, Latvian and English language, all the text being equally authentic.

In case of divergent interpretation, the English text shall prevail.

For the Government of For the Government of

the Republic of Poland the Republic of Latvia

Minister of Foreign Affairs Minister of Foreign Affairs

Ksistof Skubisevsky Jānis Jurkāns

Annex

Route schedule

I. Routes to be served by the designated airline of the Republic of Poland:

Points in Poland — 3 intermediate points — Riga — 3 points beyond

II. Routes to be served by the designated airline of the Latvian Republic:

Points in Latvia — 3 intermediate points — Warsaw — 3 points beyond

III. Intermediate points and points beyond will be agreed between the designated airlines and subject to approval by the aeronautical authorities of the Contracting Parties.