Law of Ukraine
“On Ratification of the Agreement between the Cabinet of Ministers of Ukraine and the Government of the Socialist Republic of Sri Lanka on Air Traffic”
Date of entry into force:
June 17, 2012
The Agreement between the Cabinet of Ministers of Ukraine and the Government of the Socialist Republic of Sri Lanka on Air Traffic (hereinafter referred to as “Agreement”) was concluded on August 4, 2011 in Kyiv.
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 3 of the Agreement, each Contractual Party grants the appointed air enterprise of the other Contractual Party the rights envisaged by the Agreement, for the purposes of carrying out regular international air traffic on routes established in the annex to the Agreement:
- the right to fly over the territory of its state without stopovers;
- the right to make stops on the territory of its state for non-commercial purposes;
- the right 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.
The procedure for appointing and granting flight permits is determined in Article 4 of the Agreement.
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 Contractual Party, as well as on the fuel, lubricants (including hydraulic fluids), technical consumables, spare parts (including engines), self-contained on-board equipment, on-board supplies (including food, drink and tobacco products), uniforms, the necessary office equipment and documents (plane ticket forms for automated completion, air way bills, any printed materials with the company logo, and regular promotional materials distributed by the appointed air enterprise free of charge), 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 6 of the Agreement).
The principles regulating operation of contractual lines are envisaged by Article 7 of the Agreement.
According to Article 8 of the Agreement, transport tariffs used by the appointed air enterprise of one Contractual Party for transportation to or from the territory of the other Contractual Party are established on a reasonable level, with consideration of all contributing factors, including operational expenses, modest profit, the tariffs of other air enterprises providing transportation on the same route, part thereof, or similar routes, as well as the market conditions. Without prejudice to the antimonopoly and consumer right protection legislation of either Contractual Party state, the interference of the aviation authority of the Contractual Parties shall be limited to the following:
- preventing setting unjustifiably low or discriminatory tariffs or practices; or
- protecting consumers against the use of unjustifiably high or excessively restrictive tariffs related to abuse of a dominating market position or agreement between air enterprises; or
- protecting air enterprises against setting tariffs that are artificially low due to direct or indirect government subsidies or support.
Article 9 of the Agreement establishes the procedure for approving flight schedules.
The issues of aviation and flight safety are regulated by Articles 12 and 13 of the Agreement.
The national legislation of a Contractual Party state related to the arrival of passengers, crews or cargo to its territory, or their departure from it, particularly the regulations on arrival, customs clearance, immigration, passport, customs and currency control, health care and quarantine, are mandatory for passengers, crews or persons acting on their behalf, and apply to the cargo after arrival, departure or during stay on the territory of such Contractual Party state. The national legislation of a 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 applies to aircrafts of the appointed air enterprise of the other Contractual Party (Article 15 of the Agreement).
According to Article 16 of the Agreement, in order to ensure transportation on contractual lines, the appointed air enterprise of any Contractual Party is granted the right to open its representative office on the territory of the other Contractual Party state, with the necessary administrative and technical personnel, as well as personnel for selling air fare. Each Contractual Party grants the appointed air enterprise of the other Contractual Party to send their hired employees and other personnel required for administrative, technical and commercial support of air transport, to the territory of the other Contractual Party, and to keep them on its territory, in accordance with the current legislation of the other Contractual Party state in the issues of arrival, stay and employment. The appointed air enterprise of either Contractual Party may sell air fare on the territory of the other Contractual Party state in the national currency of that state or in a freely convertible currency, in accordance with the current legislation of this other Contractual Party state in the issues of currency regulation.