Law of Ukraine
“On Ratification of the Agreement between the Cabinet of Ministers of Ukraine and the Government of the State of Qatar on Air Traffic”
Date of entry into force:
November 16, 2012
The Agreement between the Cabinet of Ministers of Ukraine and the Government of the State of Qatar on Air Traffic (hereinafter referred to as “Agreement”) was signed on October 19 2011 in Kyiv.
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 Party grants the appointed air enterprises of the other Party 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 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.
Each Contractual Party has the right to appoint one air enterprise to operate the contractual lines on the established routes, by notifying the other Contractual Party in writing, through diplomatic channels. The aviation authorities of one Contractual Party may demand that the air enterprise appointed by the other Contractual Party provides proof that it is able to meet the terms envisaged by the current legislation, which these authorities normally and reasonably apply to international air travel, according to the provisions of the 1944 Convention on Civil Aviation (Article 4 of the Agreement).
The terms of withdrawing flight permits are provided for by Article 5 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, 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).
According to Article 7 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, to and from the territory of the appointing Contractual Party state. The transport of passengers and cargo, including mail, that were taken on board or disembarked at the stops along the established routes located on the territories of states other than those that appointed the enterprise, is ensured on the principle that the capacity relates to:
- the need to transport to and from the territory of the Contractual Party state;
- the need to transport in the region served by the contractual line, with regard to other transport carried out by the air enterprises of states located in the region;
- the need for transit.
When carrying out or offering air transport on established routes, the appointed air enterprise of one Contractual Party can conclude joint marketing agreements, namely: agreements to block seats or share codes with the appointed air enterprise of the other Contractual Party and air enterprises of third countries that are appropriately authorized for transport. Each air enterprise that has concluded an agreement on code sharing must inform the ticket buyer, at the time and place of ticket sale, which air enterprise will be actually carrying out the transport in each section of the journey, and with which air enterprise(s) the buyer will have contractual relations. The frequency of transport under a code sharing agreement counts as a frequency of transport only for the actual carrier. During transport on the contractual lines, the appointed air enterprise of each Contractual Party is allowed to change the aircraft at the stops along the established routes, while using the same or other flight numbers on the respective sections.
The tariffs used by the appointed air enterprise of one Contractual Party for transportation to or from the territory of the other Contractual Party state 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 (Article 8 of the Agreement).
Article 9 of the Agreement envisages that the appointed air enterprise of one Contractual Party submits a flight schedule to the aviation authorities of the other Contractual Party, with the information including the type and capacity of the aircraft to be used. The flight schedule is submitted no later than 30 days before the start of scheduled flights. The same requirements apply to any subsequent changes to the flight schedule. In specific cases, if necessary, this timeframe can be shortened, through consultation between the respective authorities.
Each Contractual Party grants the appointed air enterprise of the other Contractual Party the right to transfer to its state the incomes received by such air enterprise on the territory of such Contractual Party from passenger, cargo and mail transportation on the contractual lines, in the amount that exceeds the expenses. This transfer is carried out according to the official exchange rate; if no official exchange rate is available, the transfer is done according to the prevailing market exchange rate for current payments. If one of the Contractual Parties imposes a restriction on the transfer of incomes received by the air enterprises of the other Contractual Party, in the amount that exceeds the expenses, the latter has the right to impose the same restrictions towards the appointed air enterprise of the former (Article 11 of the Agreement).
Article 12 of the Agreement is dedicated to aviation safety.
Flight safety is regulated by Article 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).
Commercial activity is regulated by 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 State of Qatar;
- further the cooperation in the sphere of air travel;
- facilitate the business connections of Ukrainian air companies and expand their flight geography.