Law of Ukraine
“On Ratification of the Agreement between the Cabinet of Ministers of Ukraine and the Government of the Republic of Turkey on Air Traffic”
Date of entry into force:
August 5, 2013
The Agreement between the Cabinet of Ministers of Ukraine and the Government of the Republic of Turkey on Air Traffic (hereinafter referred to as “Agreement”) was signed on December 22, 2011 in Ankara.
The Constitution of Ukraine (Article 85, paragraph 32) states that the Verkhovna Rada of Ukraine provides consent for Ukraine to be bound by international agreements. And, according to Article 9 of the Law of Ukraine “On International Agreements of Ukraine”, the Agreement is subject to ratification.
The Law ratifies the Agreement.
Article 1 of the Agreement provides definitions for terms used in it.
According to Article 2 of the Agreement, each Contractual Party grants the other Contractual Party the rights specified in the Agreement, for the purposes of carrying out regular international air traffic on routes specified in the annex to the Agreement. The air enterprises appointed by each Contractual Party exercise the following rights during their operation of the contractual line on the established route:
- to fly over the territory of the other Contractual Party state without stopovers;
- to make stops on the territory of the other Contractual Party state for non-commercial purposes;
- to make stops on the territory of the other Contractual Party state in points specified for the respective route in the annex to the Agreement, for the purposes of taking aboard or discharging international commercial load, such as passengers, cargo and mail, transported separately or together.
Each Contractual Party has the right to appoint one air enterprise to operate the contractual lines on the established routes, as well as to recall or change such appointment. Notification of appointment to the other Contractual Party in writing, through diplomatic channels (Article 3 of the Agreement).
The terms of withdrawing flight permits are provided for by Article 4 of the Agreement.
The appointed air enterprises of both Contractual Parties are provided fair and equal opportunities to operate the contractual lines on the established routes. While operating the contractual lines, the appointed air enterprise of one Contractual Party takes into consideration the interests of the appointed air enterprise of the other Contractual Party, to avoid harming the transport carried out by them on these routes or part thereof in any way. The appointed air enterprises of the Contractual Parties operate the contractual lines in a way that would satisfy the public demand for transport on the established routes, with their primary objective being providing the capacity that, at a feasible aircraft load, would correspond the existing and reasonably expected demand for passenger and cargo transport, including mail, between the territories of the Contractual Party states (Article 5 of the Agreement).
According to Article 6 of the Agreement, the tariffs for transportation on any of the contractual lines used by the appointed air enterprises are established on a reasonable level, with consideration of all contributing factors, including operational expenses, modest profit, and the specifics of transportation. The aviation authorities of the Contractual Parties shall consider unacceptable any tariffs that are discriminative, excessive, restrictive due to the abuse of the dominating market position, or artificially low due to direct or indirect support or subsidy. The aviation authorities of each Contractual Party can demand that the appointed air enterprise notifies them about the setting and publication of tariffs for passenger transportation carried out under the Agreement, except tariffs for cargo air transportation or tariffs established by the appointed air enterprise of the other Contractual Party for transportation between the points on the territory of the first Contractual Party state and a third state.
Each Contractual Party, acting on the principle of mutuality, and within the maximum scope allowed according to the current national legislation of its state, exempts the appointed air enterprise of the other Contractual Party from duties and fees (except for fees for the services provided) imposed on aircrafts operated on the contractual lines by the appointed air enterprise of the other Contractual Party, as well as on the fuel, lubricants, technical consumables, spare parts (including engines), self-contained on-board equipment, on-board supplies (including food, drink and tobacco products), the necessary documents (plane ticket forms for automated completion, air way bills, any printed materials with the company logo distributed by the appointed air enterprise free of charge, and promotional materials), as well as other products intended for use or used by the appointed air enterprise of the other Contractual Party exclusively in connection with operating or servicing aircrafts that carry out transportation on the contractual lines (Article 7 of the Agreement).
Article 9 of the Agreement establishes that neither Contractual Party shall impose or allow imposition of user fees on an appointed air enterprise(s) of the other Contractual Party in the amount that exceeds the amount imposed on its own air enterprises carrying out similar international air transportation.
The appointed air enterprises of each Contractual Party are granted the right to open their representative offices on the territory of the other Contractual Party state. The appointed air enterprise of one Contractual Party have the right to send their administrative, technical and operational personnel, and other personnel required to operate the contractual lines, and to keep them on its territory, while observing the current legislation of the other Contractual Party state in the issues of arrival, stay and employment. The need for personnel is satisfied at the discretion of the appointed air enterprise, by using its own staff, outsourcing services, or hiring the personnel of any other organization, company or air enterprise that act on the territory of the other Contractual Party and possess the permit to provide such services to other air enterprises (Article 10 of the Agreement).
Converting and transferring of incomes is regulated by Article 11 of the Agreement.
Certificates of airworthiness, pilot ratings and certificates that were issued or recognized as valid by either Contractual Party and remain effective, are recognized by the other Contractual Party as valid for operating contractual lines on the established routes, provided that the requirements under which such ratings or certificates were issued or recognized meet the minimal standards established according to the Convention. Each Contractual Party reserves the right to refuse recognizing any ratings or certificates issued to its citizens or recognized by the other Contractual Party or a third state as valid for carrying out flights over its territory (Article 12 of the Agreement).
Articles 13 and 14 of the Agreement are dedicated to air and flight safety.
The appointed air enterprises of a Contractual Party shall adhere to the current legislation of the other Contractual Party state related to the arrival of international aircrafts to its territory, their departure from it, or the operation and navigation of such aircrafts during their stay on their state territory, arrival to it and departure from it. The national legislation of a Contractual Party state related to the arrival of passengers, crews, freight and cargo, including mail, to its territory, or their departure from it, particularly the regulations on arrival, customs clearance, immigration, passport control, customs control, and health care and quarantine regulations, are mandatory for passengers, crews or persons acting on their behalf, and apply to the cargo transported by aircrafts operated by the air enterprises of the other Contractual Party, during their stay on the territory of such Contractual Party state (Article 17 of the Agreement).
The Law aims to ensure that a reliable legal mechanism is created and functions on an international level in order to implement and activate the process of bilateral interstate connection between Ukraine and the Republic of Turkey, to further the cooperation in the sphere of air travel, and to facilitate the business connections of Ukrainian air companies and expand their flight geography.