The Government of Macau, duly authorized by the competent sovereign institution of the Portuguese Republic and with the consent of the Government of the People's Republic of China and the Government of the Kingdom of Thailand,
Hereinafter called the Contracting Parties,
Desiring to conclude an agreement for the purpose of establishing air services between their respective areas,
Have agreed as follows:
1. For the purpose of the present Agreement, unless the context otherwise requires:
a). «area» in relation to Macau includes the Macau Peninsula and the Taipa and Coloane Islands and in relation to the Kingdom of Thailand has the meaning assigned to «territory» in Article 2 of the Convention on International Civil Aviation, opened for signature on the seventh day of December, 1944 (hereinafter referred to as the Convention);
b). The term «aeronautical authorities» means, in the case of Macau, the Civil Aviation Authority, and, in the case of the Kingdom of Thailand, the Minister of Transport and Communications, or in both cases any person or body, authorized to exercise the functions presently assigned to the said authorities;
c). The term «designated airline» means an airline which one Contracting Party has designated, in accordance with Article 7 of the present Agreement, for the operation of the agreed air services;
d). The term «tariff» means the prices to be paid for the carriage of passengers, baggage and cargo and the conditions under which these prices apply, including commission charges and other additional remuneration for agency or sale of transportation documents but excluding remuneration and conditions for the carriage of mail.
2. The Annex forms an integral part of the present Agreement. All references to the Agreement shall include the Annex unless explicitly agreed otherwise.
In implementing this Agreement, the Contracting Parties shall act in conformity with the provisions of the Convention including the Annexes and any amendments to the Convention or to the Annexes insofar as these provisions are applicable to both Contracting Parties.
1. Each Contracting Party grants to the other Contracting Party the rights specified in the present Agreement for the purpose of operating air services on the routes specified in the schedules of the Annex. Such services and routes are hereinafter called «agreed services» and «specified routes» respectively.
2. Subject to the provisions of the present Agreement the airline designated by each Contracting Party shall enjoy, while operating international air services:
a) The right to fly without landing across the area of the other Contracting Party;
b) The right to make stops in the said area for non-traffic purposes;
c) The right to embark and disembark in the said area at the points specified in the Annex of the present Agreement passengers, baggage, cargo and mail destined for or coming from points in the area of the other Contracting Party;
d) The right to embark and disembark in the area of non-Contracting Parties at the points specified in the Annex of the present Agreement passengers, baggage, cargo and mail destined for or coming from points in the area of the other Contracting Party, specified in the Annex of the present Agreement.
3. Nothing in paragraph 2 of this Article shall be deemed to confer on the designated airline of one Contracting Party the privilege of embarking, in the area of the other Contracting Party, passengers, baggage, cargo and mail carried for remuneration or hire and destined for another point in the area of that Contracting Party.
1. The designated airline of each Contracting Party shall have fair and equal opportunity to carry on the agreed services traffic embarked in the area of one Contracting Party and disembarked in the area of the other Contracting Party or vice versa and shall regard as being of supplementary character traffic embarked or disembarked in the area of the other Contracting Party to and from points en route. The designated airline of each Contracting Party in providing capacity for the carriage of traffic embarked in the area of the other Contracting Party and disembarked at points on the specified routes or vice versa shall take into consideration the primary interest of the designated airline of the other Contracting Party in such traffic so as not to affect unduly that interest of the latter airline.
2. The agreed services provided by the designated airline of each Contracting Party shall be closely related to the requirements of the public for transportation on the specified routes, and each shall have as its primary objective the provision of capacity adequate to meet the demands to carry passengers, cargo and mail embarked or disembarked in the area of the Contracting Party which has designated the airline.
3. Provision for the carriage of passenger, cargo and mail embarked in the area of the other Contracting Party and disembarked at points in non-Contracting Parties on the specified routes or vice versa shall be made in accordance with the general principle that capacity shall be related to:
a) The requirements of traffic embarked or disembarked in the area of the Contracting Party which has designated the airline;
b) The requirements of traffic of the area through which the airline passes, after taking account of other air services established by airlines of the States situated in the area; and
c) The requirements of economical through airline operation.
4. The capacity to be provided at the outset shall be agreed between both Contracting Parties before the agreed services are inaugurated. Thereafter, the capacity to be provided shall be discussed from time to time between the aeronautical authorities of the Contracting Parties and any change in capacity agreed upon shall be confirmed in writing by the Contracting Parties.
1. The laws and regulations of one Contracting Party governing entry into and departure from its area of aircraft engaged in international air navigation or flights of such aircraft over that area shall apply to the designated airline of the other Contracting Party.
2. The laws and regulations of one Contracting Party governing entry into, sojourn in, and departure from its area of passengers, crew, baggage, cargo or mail, such as formalities regarding entry, exit, emigration and immigration, as well as customs and sanitary measures shall apply to passengers, crew, baggage, cargo or mail carried by the aircraft of the designated airline of the other Contracting Party while they are within the said area.
3. Neither Contracting Party may grant any preference to its own airline with regard to the designated airline of the other Contracting Party in the application of the laws and regulations provided for in this Article.
1. 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. The Contracting Parties shall in particular act in conformity with the provisions of the Convention on Offenses 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 Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 September 1971.
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 provisions established by the International Civil Aviation Organization and designated as Annexes to the Convention on International Civil Aviation to the extent that such security provisions are applicable to the Contracting Parties; they shall require that operators of aircraft of their registry or operators of aircraft who have their principal place of business or permanent residence in their area and the operators of airports in their area act in conformity with such aviation security provisions.
4. Each Contracting Party agrees that such operators of aircraft may be required to observe the aviation security provisions referred to in paragraph 3 above required by the other Contracting Party for entry into, departure from, or while within, the area of that other Contracting Party. Each Contracting Party shall ensure that adequate measures are effectively applied within its area to protect the aircraft and to inspect passengers, crew, carry-on items, baggage, cargo and aircraft stores prior to and during boarding or loading. Each Contracting Party shall also give sympathetic consideration to 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 rapidly and safely such incident or threat thereof.
1. Each Contracting Party shall have the right to designate one airline for the purpose of operating the agreed services. Such designation shall be effected by virtue of a written notification between the aeronautical authorities of both Contracting Parties.
2. The aeronautical authorities which have received the notification of designation shall, subject to the provisions of paragraphs 3 and 4 of this Article, grant without delay to the designated airline of the other Contracting Party the necessary operating authorization.
3. The aeronautical authorities of one Contracting Party may require the airline designated by the other Contracting Party to prove that it is qualified to fulfill the conditions prescribed under the laws and regulations normally applied to the operation of international air services by the said authorities in conformity with the provisions of the Convention.
4. Each Contracting Party shall have the right to refuse to accept the designation of an airline and to refuse to grant the operating authorization referred to in paragraphs 1 and 2 of this Article, or to impose such conditions as it may deem necessary for the exercise of the rights specified in Article 3 of the present Agreement, whenever the said Contracting Party had no proof that that airline is incorporated and has its principal place of business in the area of the other Contracting Party.
5. Having received the operating authorization, provided for under paragraph 2 of this Article, the designated airline may at any time operate the agreed services, provided that tariffs established in accordance with the provisions of Article 15 of the present Agreement are in force.
1 . Each Contracting Party shall have the right to revoke an operating authorization or to suspend the exercise of the rights specified in Article 3 of the present Agreement by the designated airline of the other Contracting Party or to impose such conditions as it may deem necessary on the exercise of such rights, if:
a) the said airline cannot prove that it is incorporated and has its principal place of business in the area of the other Contracting Party;
b) the said airline fails to comply with or has infringed the laws or regulations of the Contracting Party granting these rights; or
c) the said airline fails to operate the agreed services in accordance with the conditions prescribed under the present Agreement.
2. Such a right shall be exercised only after consultation with the other Contracting Party, unless immediate revocation, suspension or imposition of the conditions provided for under paragraph 1 of this Article is essential to prevent further infringements of laws and regulations.
1 . Certificates of airworthiness, certificates of competency and licenses issued or rendered valid by one of the Contracting Parties shall, during the period of their validity, be recognized as valid by the other Contracting Party provided that the requirements under which such certificates or licenses were issued or rendered valid are equal to or above the minimum standards which may be established pursuant to the Convention.
2. Each Contracting Party reserves the right, however, to refuse to recognize as valid, for the purpose of flights over its own area certificates of competency and licenses granted to or rendered valid for its own residents in the case of Macau or its own nationals in the case of the Kingdom of Thailand by the other Contracting Party or in both cases, by any other non-Contracting Parties.
1. Aircraft operated on international services by the designated airline of one Contracting Party, as well as their normal board equipment, supplies of fuel and lubricants and aircraft stores including food, beverages and tobacco carried on board such aircraft, shall, on entering into the area of the other Contracting Party, be exempt from all duties or taxes, provided such equipment, supplies and stores remain on board the aircraft until they are re-exported.
2. There shall also be exempt from the same duties and taxes, with exception of charges corresponding to the services rendered:
a) aircraft store taken on board in the area of one Contracting Party, within the limits fixed by the competent authorities of the said Contracting Party, and intended for use on board the aircraft operated on an international service by the designated airline of the other Contracting Party;
b) aircraft spare parts and normal board equipment imported into the area of one Contracting Party for the maintenance or repair of aircraft operated on international services;
c) fuel and lubricants destined for the designated airline of one Contracting Party to supply aircraft operated on international services, even when these supplies are to be used on the part of the journey performed over the area of the Contracting Party in which they have been taken on board.
3. The normal board equipment, as well as the materials and supplies retained on board the aircraft operated by the designated airline of one Contracting Party may be unloaded in the area of the other Contracting Party only with the approval of the customs authorities of that area, in such a case, they may be placed under the supervision of the said authorities until they are re-exported or otherwise disposed of in accordance with customs regulations.
Passengers, baggage and cargo in direct transit across the area of one Contracting Party and not leaving the area of the airport reserved for such purpose shall at the utmost be subject to a very simplified control. Baggage and cargo in direct transit shall be exempt from duties and taxes, customs duties included.
1. Each Contracting Party shall use its best efforts to ensure that user charges imposed or permitted to be imposed by its competent authorities on the designated airline of the other Contracting Party are just and reasonable. They shall be based on sound economic principles.
2. Charges for the use of airport and air navigation facilities and services offered by one Contracting Party to the designated airline of the other Contracting Party shall not be higher than those which have to be paid by its own aircraft operating on scheduled international services.
1. The designated airline of one Contracting Party may, in accordance with the laws and regulations of the other Contracting Party relating to entry, residence and employment, bring in and maintain in the area of the other Contracting Party managerial, sales, technical, operational and other specialist staff required for the operation of the agreed services.
2. For the commercial activities the principle of reciprocity shall apply. The competent authorities of each Contracting Party will take all necessary steps to ensure that the representations of the airline designated by the other Contracting Party may exercise its activities in an orderly manner.
3. In particular, each Contracting Party grants to the designated airline of the other Contracting Party the right to engage in the sale of air transportation in its area directly and, at the airline's discretion through its agents. Each airline shall have the right to sell such transportation, and any person shall be free to purchase such transportation in the currency of that area or, subject to the applicable laws and regulations in force, in any freely convertible currencies.
Each Contracting Party shall grant to the designated airline of the other Contracting Party the right of free transfer of the excess of receipts over expenditure earned by that airline in the area of the first Contracting Party in connection with the carriage of passengers, baggage, mail and cargo. Such transfer shall be at the official rate of exchange, where such a rate exists or otherwise at a rate equivalent to that at which the receipts were earned. If such transfers are regulated by a special agreement between the Contracting Parties, this special agreement shall apply.
1. The tariffs to be applied by each designated airline in connection with any transportation to and from the area 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, the characteristics of each service and the tariffs charged by other airlines.
2. The tariffs referred to in paragraph 1 of this Article shall, if possible, be established by mutual agreement by the designated airlines of both Contracting Parties, and if necessary taking into account the tariffs applied by the other airlines operating over the whole or part of the same route. Such agreement shall, where possible be guided by such decisions as are applicable under the tariff conference procedure of the international body which formulates proposals in this matter.
3. The tariffs so agreed shall be submitted for approval to the aeronautical authorities of the Contracting Parties at least sixty 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. Upon receipt of the submission of the tariffs, the aeronautical authorities shall consider such tariffs without undue delay. The aeronautical authorities may notify the other aeronautical authorities of an extension of the proposed date of tariffs introduction. No tariff shall come into force lf the aeronautical authorities of either Contracting Party is dissatisfied with it.
4. If the designated airlines cannot agree, or if the tariff are not approved by the aeronautical authorities of one Contracting Party, the aeronautical authorities of both Contracting Parties shall endeavor to determine the tariffs by mutual agreement. Unless otherwise agreed such negotiations shall begin within thirty days from the date when it is ascertained that the designated airlines, cannot agree upon the tariffs or the aeronautical authorities of one Contracting Party have notified the aeronautical authorities of the other Contracting Party of their disapproval of the tariffs.
5. In default of agreement the dispute shall be submitted to the procedure provided for in Article 19 hereafter.
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.
7. The aeronautical authorities of each Contracting Party shall exercise their best efforts to ensure that the designated airlines conform to the agreed tariffs filed with the aeronautical authorities of the Contracting Parties as well as to the laws or regulations in this regard.
As long in advance as practicable, but not less then thirty days before the introduction of an agreed service or any modification thereof, or within thirty days after receipt of a request from the aeronautical authorities the designated airline of one Contracting Party shall provide to the aeronautical authorities of the other Contracting Party information regarding the nature of the service, time-tables, types of aircraft including the capacity provided on each of the specified routes and any further information as may be required to satisfy the aeronautical authorities of the other Contracting Party that the requirements of this Agreement are being duly observed.
The aeronautical authorities of both Contracting Parties shall supply each other, on request, with periodic statistics or other similar information relating to the traffic carried on the agreed services.
Either Contracting Party may at any time request consultations on any problem related to this Agreement. Such consultations shall begin within a period of sixty days from the date the other Contracting Party receives the request, unless otherwise agreed by the Contracting Parties.
1. If any dispute arises between the Contracting Parties relating to the interpretation or application of the present Agreement, the Contracting Parties shall in the first place endeavor to settle it by negotiation between themselves.
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 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 the appropriate channel requesting arbitration of the dispute, and the third arbitrator shall be appointed within a further period of thirty 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 specified period, the President of the Council of the International Civil Aviation Organization may be requested by either Contracting Party to appoint an arbitrator or arbitrators as the case requires. If the President considers that he is a national of a State which cannot be regarded as neutral in relation to the dispute or is otherwise prevented from carrying out this function, his deputy in office shall make the necessary appointment. In any case, the third arbitrator shall be a national of a State which can be regarded as neutral in relation to the dispute 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.
4. If and so long as either Contracting Party or the designated airline of either Contracting Party fails to comply with a decision given under paragraph 2 of this Article, the other Contracting Party may limit, withhold or revoke any rights or privileges which it has granted by virtue of the present Agreement to the Contracting Party in default or to the designated airline in default as the case may be.
1. If either of the Contracting Parties considers it desirable to modify any provision of the present Agreement, such modification, if agreed between the Contracting Parties, shall come into force when confirmed in writing by the Contracting Parties.
2. Modifications to the Annex of the present Agreement may be agreed directly between the aeronautical authorities of the Contracting Parties. They shall be applied provisionally from the date they have been agreed upon and enter into force when confirmed in writing by the Contracting Parties.
1. Each Contracting Party may at any time give notice in writing to the other Contracting Party of its decision to terminate the present Agreement. Such notice shall simultaneously be communicated to the International Civil Aviation Organization.
2. The Agreement shall terminate at the end of a time-table period during which twelve months after the date of receipt of the notice will have elapsed, unless the notice is withdrawn by mutual agreement before the expiry of this period.
3. In default of acknowledgment of receipt by the other Contracting Party, the notice shall be deemed to have been received fourteen days after the date on which the International Civil Aviation Organization will have received communication thereof.
The present Agreement shall be registered with the International Civil Aviation Organization.
The present Agreement shall be approved by each Contracting Party in compliance with its legal procedure and shall enter into force on the day when such approval is confirmed in writing by the Contracting Parties.
IN WITNESS WHEREOF the plenipotentiaries of the two Contracting Parties have signed the present Agreement.
Done at Bangkok this 1st day of November, 1995 in duplicate, in English.
|For the Government of
|For the Government of
the Kingdom of Thailand
|Vasco Rocha Vieira
Minister of Transports and
Route Schedule I
Routes on which air services may be operated by the designated airline of Macau:
From Macau to points in Thailand
Route Schedule II
Routes on which air services may be operated by the designated airline of the Kingdom of Thailand:
From points in Thailand to Macau
Points on any of the specified routes may at the option of the designated airlines, be omitted on any or all flights, provided that the agreed services on the route begin at a point in the area of the Contracting Party which has designated the airline.
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