PENGESAHAN PERSETUJUAN ANTARA PEMERINTAH REPUBLIK INDONESIA DAN DEWAN FEDERAL SWISS TERKAIT ANGKUTAN UDARA BERJADWAL (AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF INDONESIA AND THE SWISS FEDERAL COUNCIL RELATING TO SCHEDULED AIR SERVICES)

Naskah Resmi Dokumen (OCR Terverifikasi)

Pa Un Nan Wan MEA, : 3 Tn 1 lg | Bil $ te | | REPUBLIK INDONESIA | AGREEMENT | BETWEEN | THE GOVERNMENT OF THE REPUBLIC OF INDONESIA AND THE SWISS FEDERAL COUNCIL RELATING TO SCHEDULED AIR SERVICES The Government of the Republic of Indonesia and the Swiss Federal Council IM (hereinafter, "the Contracting Parties"): K| | | || Desiring to promote an international aviation system based on competition among |! || airlines in the marketplace with minimum government interference and regulation, Ki! Desiring to facilitate the expansion of international air services opportunities: ni Recognising that efficient ana competitive international air services anhance trade, (| : the welfare of consumers, and economic growth: 7! Desiring to make ir possible for airlines to offer the travelling and shipping public MI competitive prices and services in open markets: N | | | Desiring to-ensure the highest degree of safety and security in international air (IM) || M I services and reaffirming their grave concern about acts or threats against the JM security of aircraft, which jeopardise the safety of persons or property, adversely "GI affect the operation of air servi5€s, and undermine public confidence in the safety of 1 civil aviation: and Ig | | Being Parties to the Convention on International Civil Aviation opened for signature (MI | at Chicago on December 7, 1944: 1 | 1 I TI 1 — — "? Ji | || K i | KH | Have agreed as follows: | TI ARTICLE 4 | | DEFINITIONS H 1. For the purpose of the present Agreement and its Annex, unless otherwise | agreed: | a. The term "the Convention" means the Convention on International civil | 1 Aviation opened for signature at Chicago on the seventh day of a December, 1944, and includes any annex adopted under article 90 of (IM | that Convention and any amendment of the annexes or Convention under 'articles 90 and 94 thiereof so far as those annexes and |f amendments are applicable for both Contracting Parties: | b. The term “aeronautical authorities" means, in the case of the Republic of BI Indonesia, the Minister for Transportation and, in the case of (IM Mi Switzerland, the Federal Office of Civil Aviation or in both cases any Pl person or body, authorised to exercise the functions presently assigned | to the said authorities: | 1 c. The term “designated airlines" means an airline or aitlines which one IM | Contracting Party has designated, in accordance with Article 5.of the IM present Agreement, for the uperation of the agreed air services: | | 4. The term "agreed services" means air services on the specified routes (MI 1 for the carriage of passengers, cargo and mail, separately or in IM l combination, ) e. The terras “air service", “international air service”, "airline" and "stop for non-traffic purposes" shall have the meaning respectively assigned to IM | them in Article 96 of the Convention: IA | f.— The term "territory" in the case of the Republic of Indonesia means the 19) tertitory of the Republic of Indonesia, the continental shelf'and adjacent | KI | seas as well as'the dirspace above them Gver which the Republie of | 9 Indonesia has sovsisignty, sovereign rights or jurisdiction as defined in IN | its laws in accordance with international law, including the United (MI H Nations Convention on the Law of the Sex done at Montego Bayat 10 |M | 2 IN ee Ta Tag 5 FiaaTanpa Tempa Meki apasiap Tapa etaTen Mana CA « Tea BI ki JII December 1982 and in the case of Switzerland has the meaning | | assigned to tin Article 2 of the Convention. | AI 9. The term "tariff" means the prices for the carriage of passengers, (IM) II baggage and cargo and the conditions under which these prices apply, MM including commission charges and other additional remuneration for | 1 agenoy or sale of transportation documents but excluding remuneration (MI is | and conditions for the carriage cf mail, UI 1 | 2. The Annex forms an integral part of the present Agreement. All references to | 1 4 the Agreement shall include the Annex unless explicitly agreed ctherwise. | | I, | "0 ARTICLEZ | | H GRANT'OF RIGHTS | Il 1. Each Conraiting Party" grants to the “other Contracting Party the rights Ih | specified in the present Agreement for the purpose of operating international IM M air senices oh the routes spesied in Ihe schedulos cf the Amnex Such | PI services and routes are hereafter called "agreed services" 'and “specified 4 routes" respectively. | 2. Subject to the provisions of the present Agreement the airlines designated by (IM each Contracting Party shall enjoy, while operating international air services: Ig | a. the right to fly across the territory of the other Contracting Party wittout | landing: . | b. the rightito make stops in the said territory for non:traffic purposes: Ih 1 G. the right to'embark and disembark in the said terifory at the points (IM specified in the Annex of the present Agreement passengers, baggage. (IM | cargo and mail destined for or coming from points in the territory ofthe (IM other Contracting Party, II d. the right to embark and disembark in the territory of third countries atthe (IM | points specified in the Annex of the present Agreement passengers, II 3 baggage, cargo and mail destinsd for or coming from points in the TI ku — - —) « Wr —5-.F.-.,-,-,D-e-,-e#e-# - sa —— 8 9 territory of the other Contracting Party, specified in the Annex of the IM 6 | present Agreement. T !I| 3. Nothing in this Agreement shall be deemed to confer on the designated airlines of one Contracting Party the right to embark, in the tertitory of the other | | Contracting Party, passengers, baggage, cargo or mail carried for | KI compensation and destined for another point in the territory of that Contracting | | | Party. | 4. If because of armed conflict, political-disturbances or developments, or special ll | and unusual circumstances, the designated airlines of one Contracting Party Tg are unable to operate a service on its normal routing, the other Contracting "II Party shall use its best efforts to faciltate the continued operation of such |) ( service through appropriate rearrangements of such routes, including the grant |N | Of rights for such time as'may be necessary to facilitate viable operations. | | VI ARTICLE 3 | II EXERCISE OF RIGHTS!AND FAIR COMPETITION Ih | 1. There shall be fair and egual opportunity for the designated airlines of both | , Contracting Parties to compete in operating the agreed services on the | I specified routes. | 1 | | 2. Uniess otherwise agreed in writing by the Contracting Parties, each | Contracting Party shall allow each designated airline to determine the Ig | freguency and capacity of the internationai air transport it offers in accordance |) | with the agreed services on the specifed routes. Consistent with this right, | 1 neither Contracting Party shall unilaterally limit the volume of traffic, freguency | | or regularity of service, or the aircraft type or types operated by the designated | | HI airlines of the other Contracting Party, except as rnay be reguired for customs, | 1 | technical, operational, or environmental reasons under uniform conditions | IM consistent with ArticI&-15 of the Convention. | KI di " . 4 IN | : | Po —— FA " ME 2 ————— — — PP aa 1! | 3. Nelther Contracting Party shall alow its designated airines, ether in IM | conjunction with any other airline or separately, to abuse market power ina S) AI way which has or is likely or intended to have the effect of severely weakening | | WII a competitor or excluding a competitor from a route. | | I| 4. Neither Contracting Party shall provide or permit state subsidy or support foror | Id to its designated airline or airlines in such a way that would adversely affect the | fair and egual opportunity of the airlines of the other Contracting Party to | compete in providing the agreed air services on the specified routes. | Il 5. State subsidy or support means the provision of support on a diseriminatory (IM MI basis toa designated airline, directly.or indirectly, by the state or by a public or N 'I private body designated or controlled by the state. Without limitation, it may | | e include the setting-off of operational losses: the provision of capital, non- (IM Ig refundable grants or Ioans on privileged terms, the granting of financial | | 1 advantages by forgoing profits or the recovery of sums due: the forgoing of a normal return on public funds used: tax exemptions: compensation for financial | III burdens imposed by the public authorities: Gr discriminatory access to airport | facilities, fuel or other reasonable facilities necessary for the normal operation Ig II of air services. | Wil 6. — Where a Contracting Party provides state subsidy or support toa designated IIA 1 airline in respect of services operated under this Agreement, it shall reguire Ig that airline to identify the subsidy or support cleariy and separately in its | | accounts. | Al Ih | || 7. If one Contracting Party has concerns that its designated airlines are being F | subjected to discrimination or unfair practices, or that a subsidy or support DI being considered or provided by the other Contracting Party for or to the | UI airines of that other Contracting Party would adversely affect or is adversely IM | affecting the fair and eaual opportunity of the airlines of the first Contracting MI party to compete in providing Ihe-agresd' services on the specified routes, it II | 5 JI Aa aa ““ TI BI ig d may reguest consultations and notify the other Contracting Party of the | reasons for its dissatisfaction. These consultations shall be held not laterthan | | 1 thirty (30) days after receipt of the reguest, unless otherwise agreed by both | | Contracting Parties. | ARTICLE 4 1 JI APPLICATION OF LAWS AND REGULATIONS IN || 4. The laws and regulations of one Contracting Party relating to the admission to s1 | or departure frormits tertitory of aircraft engaged in international air navigation, (IM || or to the operation and navigation of such aircraft while within its territory, shall | N be applied to the aircraft utilised by the designated airlines of the other Party, | || and shall be complied with by such aircraft upon entering or departing from or | ( while within the territory of the first Contracting Party. | | 1 2. While entering, within, or leaving the territory of one Contracting Party, the || laws and regulations applicable within that territory relating to the admission to or departure from its territory of passengers, crew or cargo on alrcraft IM | (including regulations relating to entry, clearance, immigration, passports, ||) | customs and guarantine or, in the case of mail, postal regulations) shall be | complied with by, or on behaif of, such passengers, crew or cargo of the | | VI designated airlines of the other Contracting Party. Iy 3. Neither Contracting Party may grant any preference to its own airlines with | | regard to the designated airlines of the other Contracting Party in the || | | application ofthe laws and regulations provided for in this Article. | II | 4 . — NN . Aa Ig 8 ! ARTICLE 5 DESIGNATION AND OPERATING AUTHORISATION | | 4. Each Contracting Party shall have the right to designate one or more airlines | Ig 1 for the purpose of operating the agreed services. Such designation shall be | @ffected by virtue of a written notification between the aeronautical authorities of both Contracting Parties. | 1 II 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 IM , “II without delay to the designated airlines of the other Contracting Party the | | 'necessary operating authorisation. | ! 1 | 3. On receipt of such a designation, the other Contracting Party shall grant the | | appropriate authorisations and permissions with minimum procedural delay, (IM | provided that: | a. Inthecaseof airlines designated by the Republic of Indonesia: | | The airline is established in the territory of Indonesia and that the M) If Substantial ownership and effective control of the airline are vested in the | | | “Republic of Indonesia, or its nationals and that it holds a current Air IM i Operator's Certificate (AOC) issued by the Republic of Indonesia. | b. Inthe case ofairlines designated by Switzerland: - “Ig 11 (WM the airline has its principal place of business in the territory cf JI Switzerland from which it has received the valid Operating Lioence: and Im | (2) the effective regulatory control of the airline is exercised and | ! maintained by Switzerland: | (8) the'airline holds.a current Air Operator's Certificate (AOC) issued | | by Switzerland. | 4. The aeronautical authoritles of one Contracting Party may reguire the airlines |N | designated by the other Contracting Party to prove that they are gualified to | | | 1 meet the conditions prescribed under the laws and regulations normally | | 7 IN . 3 -5. aa “5... TB | “I) » | 1 N| applied to the operation of international air services by the said authorities in | $ | | conformity with the provisions of the Convention. If |, Il

5. — Having received the operating authorisation, provided for under paragraph 2 of | 5 | this Article, the designated airlines may at any time operate the agreed N 1 services | | ARTICLE 6 REVOCATION AND SUSPENSION OF OPERATING AUTHORISATION Il 4. — Each Contracting Party shall have the right to revoke, suspend or limit the JIN | Operating authorisation for the exercise of the rights specified in Article 2'of the present Agreement by the designated airlines of the other Contracting Party or | h to'impose such conditions as it may deem necessary on the exercise uf such | | rights, if: a. (i) in the case of the airlines designated by the Republic of Indonesia, | the airline is not established in the territory of Indonesia or the substantial ownership and/or effective control of the airline are not | vested in the Republic of Indonesia, or its netionals, or it does not || hold a current Air Operator's Certificate (AOC) issued by the IN Republic of Indonesia. (ii) in the case of the airlines designated by Switzerland, the airline does If | not haveiits principal place of business in the territory of Switzerland (IN | from which it has received the valid Operating Licence, or the “If effective regulatory control of the airline is not exercised Or | maintained by Switzerland or the airlines does not hold a cuirent Air | Operators Certificate (AOC) issued by Switzerland. | b. the said airlines fail to comply with or have seriously infringed the laws or | | regulations of the Contracting Party granting these riglits, cr | | | GC. thesaid airlines fail to operate the agreed services in accordance with In | the conditions prescribed under the present Agreement. | 'I d. the other Contracting Party is not maintaining and administering the I ki 8 IN Mn 2eaamlaii ai 23)