|運輸工務司司長 歐文龍||外交及聯邦事務國務大臣 歐柏文|
The Government of the Macao Special Administrative Region of the People’s Republic of China (“the Macao Special Administrative Region”) and the Government of the United Kingdom of Great Britain and Northern Ireland the former having been duly authorized to conclude this Agreement by the Central People’s Government of the People’s Republic of China;
Desiring to conclude an Agreement for the purpose of providing the framework for air services between the Macao Special Administrative Region and the United Kingdom of Great Britain and Northern Ireland,
Have agreed as follows:
For the purpose of this Agreement, unless the context otherwise requires:
a) The term “the Chicago Convention” means the Convention on International Civil Aviation, opened for signature at Chicago on 7 December 1944 and includes: (i) any amendment thereof which is applicable to both Contracting Parties; and (ii) any Annex or any amendment thereto adopted under Article 90 of that Convention, insofar as such amendment or annex is at any given time effective for both Contracting Parties;
b) The term “aeronautical authority” means in the case of the Macao Special Administrative Region, the Civil Aviation Authority, and in the case of the United Kingdom, the Secretary of State for Transport, for the purpose of Article 7, the Civil Aviation Authority, or, in both cases, any person or body who may be authorized to perform any functions at present exercisable by the above-mentioned authority or similar functions;
c) The term “designated airline” means an airline which has been designated and authorized in accordance with Article 4 of this Agreement;
d) The term “area” in relation to the Macao Special Administrative Region includes the Macao Peninsula and the Taipa and Coloane Islands and in relation to the United Kingdom of Great Britain and Northern Ireland has the meaning assigned to “Territory” in Article 2 of the Chicago Convention;
e) The term “Air Services”, “International Air Services”, “Airline” and “stop for non-traffic purposes” have the meanings respectively assigned to them in Article 96 of the said Convention;
f) The term “user charge” means a charge made to airlines by the competent authorities or permitted by them to be made for the provision of airport property or facilities or of air navigation facilities including facilities for overflights, including related services and facilities, for aircraft, their crews, passengers and cargo;
g) The term “this Agreement” includes the Annex hereto and any amendments to it or to this Agreement;
h) The term “laws and regulations” of a Contracting Party means the laws and regulations at any time in force in the area of that Contracting Party;
i) The term “Air Operator’s Certificate” means a document issued to an airline by the aeronautical authorities of a Contracting Party which affirms that the airline in question has the professional ability and organization to secure the safe operation of aircraft for the aviation activities specified in the certificate.
The provisions of this Agreement shall be subject to and the Contracting Parties shall act in conformity with the provisions of the Chicago Convention insofar as those provisions are applicable to international air services.
1. Each Contracting Party grants to the other Contracting Party the following rights in respect of its international air services:
a) The right to fly across its area without landing;
b) The right to make stops in its area for non-traffic purposes.
2. Each Contracting Party grants to the other Contracting Party the rights hereinafter specified in this Agreement for the purpose of operating international air services on the routes specified in the appropriate Section of the schedule annexed to this Agreement. Such services and routes are hereinafter called “the agreed services” and the “specified routes” respectively. While operating an agreed service on a specified route, the airlines designated by each Contracting Party shall enjoy in addition to the rights specified in paragraph 1 of this Article the right to make stops in the area of the other Contracting Party at the points specified for that route in the Schedule to this Agreement for the purpose of taking on board or discharging passengers, baggage and cargo, including mail.
3. Nothing in paragraph 2 of this Article shall be deemed to confer on the designated airline or airlines of one Contracting Party the right to take on board, in the area of the other Contracting Party, passengers and cargo, including mail, carried for hire or reward and destined for another point in the area of the other Contracting Party.
4. If because of armed conflict, political disturbances or developments, or special and unusual circumstances, a designated airline of one Contracting Party is unable to operate a service on its normal routeing, the other Contracting Party shall use its best efforts to facilitate the continued operation of such service through appropriate temporary rearrangements of routes.
1. Each Contracting Party shall have the right to designate in writing to the other Contracting Party one or more airlines for the purpose of operating the agreed services on the specified routes and to withdraw or alter such designations.
2. On receipt of such a designation the other Contracting Party shall, subject to the provisions of paragraphs 3 and 4 of this Article, without delay grant to the airline or airlines designated the appropriate operating authorizations.
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 fulfill the conditions prescribed under the laws and regulations normally and reasonably applied to the operation of international air services by such authorities in conformity with the provisions of the Chicago Convention.
4. a) The Government of the Macao Special Administrative Region may refuse to grant the operating authorizations referred to in paragraph 2 of this Article, or impose such conditions as it may deem necessary on the exercise by an airline designated by the aeronautical authority of the United Kingdom of Great Britain and Northern Ireland of the rights specified in paragraph 2 of Article 3 of this Agreement, in any case where the Government of the Macao Special Administrative Region is not satisfied that:
i) the airline is established in the territory of the United Kingdom of Great Britain and Northern Ireland under the Treaty establishing the European Community and has received an Operating Licence in accordance with European Community law; and
ii) effective regulatory control of the airline is exercised and maintained by the European Community Member State responsible for issuing its Air Operators Certificate and the relevant aeronautical authority is clearly identified in the designation.
b) The Government of the United Kingdom of Great Britain and Northern Ireland may refuse to grant the operating authorizations referred to in paragraph 2 of this Article, or impose such conditions as it may deem necessary on the exercise by an airline designated by the aeronautical authority of the Macao Special Administrative Region of the rights specified in paragraph 2 of Article 3 of this Agreement, in any case where the Government of the United Kingdom of Great Britain and Northern Ireland is not satisfied that the airline:
i) is incorporated and has its principal place of business in the area of the Macao Special Administrative Region; and
ii) holds a current Air Operator’s Certificate issued by the aeronautical authority of the Macao Special Administrative Region.
5. When an airline has been so designated and authorized it may begin to operate the agreed services, provided that the airline complies with the applicable provisions of this Agreement.
1. Each Contracting Party shall have the right to revoke or suspend an operating authorization or to suspend the exercise of the rights specified in paragraph 2 of Article 3 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 those rights:
a) In any case where a Contracting Party may refuse to grant operating authorizations pursuant to paragraph 4 of Article 4 of this Agreement; or
b) In the case of failure by that airline to comply with the laws and regulations normally and reasonably applied by the Contracting Party granting those rights; or
c) If that airline otherwise fails to operate in accordance with the conditions prescribed under this Agreement; or
d) In the case of failure by the other Contracting Party to take appropriate action to improve safety in accordance with paragraph 2 of Article 14 (Safety); or
e) In accordance with paragraph 6 of Article 14 (Safety).
2. Unless immediate revocation or suspension of operating authorization or suspension of the exercise of the rights mentioned in paragraph 1 of this Article or imposition of conditions therein is essential to prevent further infringements of laws and regulations, such right shall be exercised only after consultation with the other Contracting Party.
1. There shall be fair and equal opportunity for the designated airlines of both Contracting Parties to compete in operating the agreed services on the specified routes.
2. Each Contracting Party shall allow each designated airline to determine the frequency and capacity of the international air transport it offers, according to commercial and market-based considerations. Neither Contracting Party shall unilaterally restrict the operations of the designated airlines of the other, except according to the terms of this Agreement or by such uniform conditions as may be contemplated by the Chicago Convention.
3. Neither Contracting Party shall allow its designated airline or airlines, either in conjunction with any other airline or airlines or separately, to abuse market power in a way which has or is likely or intended to have the effect of severely weakening a competitor or excluding a competitor from a route.
1. For the purposes of this Agreement the term tariff means the prices to be paid for the carriage of passengers, baggage and freight and the conditions under which those prices apply, including prices and conditions for agency and other auxiliary services, but excluding remuneration or conditions for the carriage of mail.
2. Each Contracting Party shall allow tariffs for air services to be established by each designated airline based upon commercial considerations in the market place. Neither Contracting Party shall require their airlines to consult other airlines about the tariffs they charge or propose to charge for services covered by these arrangements.
3. Each Contracting Party may require notification or filing of any tariff to be charged by its own designated airline or airlines. Neither Contracting Party shall require notification or filing of any tariffs to be charged by the designated airline or airlines of the other Contracting Party. Tariffs may remain in effect unless subsequently disapproved under paragraphs 5 or 6 below.
4. Intervention by the Contracting Parties shall be limited to:
a) the protection of consumers from tariffs that are excessive due to the abuse of market power;
b) the prevention of tariffs whose application constitutes anti-competitive behaviour which has or is likely to have or is explicitly intended to have the effect of preventing, restricting or distorting competition or excluding a competitor from the route.
5. Each Contracting Party may unilaterally disallow any tariff filed or charged by one of its own designated airlines. However, such intervention shall be made only if it appears to the aeronautical authority of that Contracting Party that a tariff charged or proposed to be charged meets either of the criteria set out in paragraph 4 above.
6. Neither Contracting Party shall take unilateral action to prevent the coming into effect or continuation of a tariff charged or proposed to be charged by an airline of the other Contracting Party. If one Contracting Party believes that any such tariff is inconsistent with the considerations set out in paragraph 4 above, it may request consultations and notify the other Contracting Party of the reasons for its dissatisfaction. These consultations shall be held not later than 14 days after receipt of the request. Without a mutual agreement the tariff shall take effect or continue in effect.
7. Notwithstanding paragraphs 3, 5 and 6 above, neither Contracting Party shall require the filing of tariffs for the carriage of cargo between the areas of both Contracting Parties. Such tariffs shall take effect when the airline concerned so decides.
1. Aircraft operated in international air services by the designated airline or airlines of either Contracting Party shall be relieved from all customs duties, excise taxes and similar fees, as shall:
a) The following items introduced by a designated airline of one Contracting Party into the area of the other Contracting Party:
i) repair, maintenance and servicing equipment and component parts;
ii) passenger handling equipment and component parts;
iii) cargo-loading equipment and component parts;
iv) security equipment including component parts for incorporation into security equipment;
v) instructional material and training aids;
vi) airline and operators’ documents; and
b) The following items introduced by a designated airline of one Contracting Party into the area of the other Contracting Party or supplied to a designated airline of one Contracting Party in the area of the other Contracting Party:
i) aircraft stores (including but not limited to such items as food, beverages and tobacco) whether introduced into or taken on board in the area of the other Contracting party;
ii) fuel, lubricants and consumable technical supplies;
iii) spare parts including engines; and
c) Computer equipment and component parts introduced by a designated airline of one Contracting Party into the area of the other Contracting Party to assist in one or more of the following matters:
i) the repair, maintenance or servicing of aircraft;
ii) the handling of passengers at the airport or on board aircraft;
iii) the loading of cargo onto or the unloading of cargo from aircraft;
iv) the carrying out of security checks on passengers or cargo;
provided in each case that they are for use on board an aircraft or within the limits of an international airport in connection with the establishment or maintenance of an international air service by the designated airline concerned.
2. The relief from customs duties, excise taxes and similar fees shall not extend to charges based on the cost of services provided to the designated airline or airlines of a Contracting Party in the area of the other Contracting Party.
3. Equipment and supplies refered to in paragraph 1 of this Article may be required to be kept under the supervision or control of the appropriate authorities.
4. The reliefs provided for by this Article shall also be available in situations where the designated airline or airlines of one Contracting Party have entered into arrangements with another airline or airlines for the loan or transfer in the area of the other Contracting Party of the items specified in paragraph 1 of this Article, provided such other airline or airlines similarly enjoy such reliefs from such other Contracting Party.
1. The assurance of safety for civil aircraft, their passengers and crew being a fundamental pre-condition for the operation of international air services, the Contracting Parties reaffirm that their obligations to each other to protect the security of civil aviation against unlawful interference form an integral part of this agreement. Each Contracting Party shall in particular act in conformity with the aviation security provisions of the Chicago Convention, 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, the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, signed at Montreal on 23 September 1971 and any other agreement governing civil aviation security binding upon both Contracting Parties.
2. The Contracting Parties shall provide upon request all necessary assistance to each other to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers and crew, airports, and air navigation facilities and any other threat to the security of civil aviation.
3. The Contracting Parties shall, in their mutual relations, act in conformity with the aviation security Standards and, so far as they are applied by them, the Recommended Practices established by the International Civil Aviation Organization designated as Annexes to the Convention on International Civil Aviation opened for signature at Chicago on 7 December 1944. They shall require that operators of aircraft of their registry or operators of aircraft having their principal place of business or permanent residents in their area, and the operators of airports in their area, act in conformity with such aviation security provisions. In this paragraph the reference to aviation security Standards includes any difference notified by the Contracting Party concerned. Each Contracting Party shall give advance information to the other of its intention to notify any difference.
4. Each Contracting Party shall ensure that effective measures are taken within its area to protect aircraft, to screen passengers and their carry-on items, and to carry out appropriate checks on crew, cargo (including hold baggage) and aircraft stores prior to and during boarding or loading and that those measures are adjusted to meet increases in the threat. Each Contracting Party agrees that their airlines may be required to observe the aviation security provisions referred to in paragraph 3 required by the other Contracting Party, for entrance into, departure from, or while within, the area of that other Contracting Party. 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 occurs, the Contracting Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate as rapidly as possible commensurate with minimum risk to life such incident or threat.
The aeronautical authorities of a Contracting Party shall supply to the aeronautical authorities of the other Contracting Party at their request such periodic or other statements of statistics as may be reasonably required to determine the amount of traffic carried on the agreed services by the designated airlines of the Contracting Party referred to first in this Article.
The designated airlines of the Contracting Parties shall have the right to convert and remit to the place of their choice on demand local revenues in excess of sums locally disbursed. Prompt conversion and remittance shall be permitted without restrictions at the rate of exchange applicable to current transactions which is in effect at the time such revenues are presented for conversion and remittance and shall not be subject to any charges except those normally made by banks for carrying out such conversion and remittance.
The designated airlines of each Contracting Party shall have the right to:
a) in accordance with the laws and regulations relating to entry, residence and employment of the other Contracting Party, bring in and maintain in the area of the other Contracting Party those of their own managerial, technical, operational and other specialist staff which the airline reasonably considers necessary for the provision of air services;
b) use the services and personnel of any other organization, company or airline operating in the area of the other Contracting Party;
c) engage in the sale and marketing of air transportation and related services in the area of the other Contracting Party either directly and through its agents or other intermediaries appointed by the airline. Each airline shall have the right to sell such transportation, and any person shall be free to purchase such transportation, in local currency or in any freely convertible currency;
d) establish offices in the area of the other Contracting Party.
1. Neither Contracting Party shall impose or permit to be imposed on the designated airline or airlines of the other Contracting Party user charges higher than those imposed on its own airlines operating similar international air services.
2. Each Contracting Party shall encourage consultation on user charges between its competent charging authorities and airlines using the services and facilities provided by those charging authorities, where practicable through the airlines representative organizations. Reasonable notice should be given to users of any proposals for changes in user charges to enable them to express their views before changes are made. Each Contracting Party shall further encourage the competent charging authorities and airlines to exchange appropriate information concerning user charges.
1. Each Contracting Party may request consultations at any time concerning safety standards in any area relating to aircrews, aircraft or their operation adopted by the other Contracting Party. Such consultations shall take place within 30 days of that request.
2. If, following such consultations, one Contracting Party finds that the other Contracting Party does not effectively maintain and administer safety standards in any such area that are at least equal to the minimum standards established at that time pursuant to the Chicago Convention, the first Contracting Party shall notify the other Contracting Party of those findings and the steps considered necessary to conform with those minimum standards, and the other Contracting Party shall take appropriate corrective action. Failure by the other Contracting Party to take appropriate action within 15 days or such longer period as may be agreed, shall be grounds for the application of paragraph 1 of Article 5 of this Agreement (Revocation or Suspension of Operating Authorization).
3. Notwithstanding the obligations mentioned in Article 33 of the Chicago Convention it is agreed that any aircraft operated by or, under a lease arrangement, on behalf of the airline or airlines of one Contracting Party on services to or from the area of the other Contracting Party may, while within the area of the other Contracting Party, be made the subject of an examination by the authorized representatives of the other Contracting Party, on board and around the aircraft to check both the validity of the aircraft documents and those of its crew and the apparent condition of the aircraft and its equipment (in this Article called “ramp inspection”), provided this does not lead to unreasonable delay.
4. If any such ramp inspection or series of ramp inspections gives rise to:
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 Chicago Convention; or
b) Serious concerns that there is a lack of effective maintenance and administration of safety standards established at that time pursuant to the Chicago Convention;
the Contracting Party carrying out the inspection shall, for the purposes of Article 33 of the Chicago Convention, be free to conclude that the requirements under which the certificate or licences in respect of that aircraft or in respect of the 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 Chicago Convention.
5. In the event that access for the purpose of undertaking a ramp inspection of an aircraft operated by the airline or airlines of one Contracting Party in accordance with paragraph 3 of this Article is denied by a representative of that airline or airlines, the other Contracting Party shall be free to infer that serious concerns of the type referred to in paragraph 4 of this Article arise and draw the conclusions referred in that paragraph.
6. Each Contracting Party reserves the right to suspend or vary the operating authorization of an airline or airlines of the other Contracting Party immediately in the event the first Contracting Party concludes, whether as a result of a ramp inspection, a series of ramp inspections, a denial of access for ramp inspection, consultation or otherwise, that immediate action is essential to the safety of an airline operation.
7. Any action by one Contracting Party in accordance with paragraphs 2 or 6 of this Article shall be discontinued once the basis for the taking of that action ceases to exist.
Either Contracting Party may at any time request consultations on the implementation, interpretation, application or amendment of this Agreement or compliance with this Agreement. Such consultation, which may be between aeronautical authorities, shall begin within a period of 60 days from the date the other Contracting Party receives a written request, unless otherwise agreed by the Contracting Parties.
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 try to settle it by negotiation.
2. If the Contracting Parties fail to reach a settlement of the dispute by negotiation, it may be referred by them to such person or body as they may agree on or, at the request of either Contracting Party, shall be submitted for decision to a tribunal of three arbitrators which shall be constituted in the following manner:
a) Within 30 days after receipt of a request for arbitration, each Contracting Party shall appoint one arbitrator. A national of a State which can be regarded as neutral in relation to the dispute, who shall act as President of the tribunal, shall be appointed as the third arbitrator by agreement between the two arbitrators, within 60 days of the appointment of the second;
b) If within the time limits specified above any appointment has not been made, either Contracting Party may request the President of the Council of the International Civil Aviation Organization to make the necessary appointment within 30 days. If the President considers that he is a national of a State which cannot be regarded as neutral in relation to the dispute, the most senior Vice President who is not disqualified on that ground shall make the appointment.
3. Except as hereinafter provided in this Article or as otherwise agreed by the Contracting Parties, the tribunal shall determine the limits of its jurisdiction and establish its own procedure. At the direction of the tribunal, or at the request of either of the Contracting Parties, a conference to determine the precise issues to be arbitrated and the specific procedures to be followed shall be held not later than 30 days after the tribunal is fully constituted.
4. Except as otherwise agreed by the Contracting Parties or prescribed by the tribunal, each Contracting Party shall submit a memorandum within 45 days after the tribunal is fully constituted. Replies shall be due 60 days later. The tribunal shall hold a hearing at the request of either Contracting Party, or at its discretion, within 30 days after replies are due.
5. The tribunal shall attempt to give written decision within 30 days after completion of the hearing or, if no hearing is held, 30 days after the date both replies are submitted. The decision shall be taken by a majority vote.
6. The Contracting Parties may submit requests for clarification of the decision within 15 days after it is received and such clarification shall be issued within 15 days of such request.
7. The decision of the tribunal shall be binding on the Contracting Parties.
8. Each Contracting Party shall bear the cost of the arbitrator appointed by it. The other costs of the tribunal shall be shared equally by the Contracting Parties including any expenses incurred by the President or Vice President of the Council of the International Civil Aviation Organization implementing the procedures in paragraph 2. b) of this Article.
1. Any amendments to this Agreement agreed by the Contracting Parties shall come into effect when confirmed by an exchange of correspondence through the appropriate channels.
2. Amendments to the Annex of this Agreement may be agreed directly between the aeronautical authorities of the Contracting Parties. Such amendments shall be applied provisionally from the date they have been agreed upon by the said authorities and enter into force when confirmed by an exchange of correspondence through the appropriate channels.
Either Contracting Party may at any time give notice in writing to the other Contracting Party its decision to terminate this Agreement. This Agreement shall terminate at midnight (at the place of receipt of the notice) immediately before the first anniversary of the date of the receipt of such notice by the other Contracting Party, unless the notice is withdrawn by agreement before the end of this period.
This Agreement and any amendment thereto shall be communicated to the International Civil Aviation Organization for registration.
This Agreement shall enter into force as soon as the Contracting Parties have given notice in writing to each other that any necessary procedures have been completed.
IN WITNESS WHEREOF the undersigned, being duly authorized by their respective Governments, have signed this Agreement.
Done in duplicate at London this 19th day of January 2004 in the Chinese, Portuguese and English languages. All texts being equally authoritative.
|For the Government of the Macao Special Administrative Region of the People’s Republic of China||For the Government of the United Kingdom of Great Britain and Northern Ireland|
|Ao Man Long||Mike O’Brien|
|Secretary for Transport and Public Works||Minister of State for Foreign and Commonwealth Affairs|
Routes to be operated by the designated airline or airlines of the Macao Special Administrative Region:
Macao — Intermediate Points — Points in the United Kingdom — Points beyond
1. Intermediate points or points beyond may be omitted on any flight provided that the service begins or ends in Macao.
2. No traffic may be picked up at an intermediate point to be set down in the area of the United Kingdom or in the area of the United Kingdom to be set down at a point beyond, and vice versa, except as may from time to time be jointly determined by the aeronautical authorities of the Contracting Parties. This restriction also applies to all forms of stop-over traffic.
3. No points in inland of China, Taiwan and Hong Kong may be served either as intermediate or beyond points.
Routes to be operated by the designated airline or airlines of the United Kingdom:
Points in the United Kingdom — Intermediate Points — Macao — Points Beyond
1. Intermediate points or points beyond may be omitted on any flight provided that the service begins or ends in the United Kingdom.
2. No traffic may be picked up at an intermediate point to be set down in Macao or in Macao to be set down at a point beyond, and vice versa, except as may from time to time be jointly determined by the aeronautical authorities of the Contracting Parties. This restriction also applies to all forms of stop-over traffic.
3. No points in inland of China, Taiwan and Hong Kong may be served either as intermediate or beyond points.
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