A G R E E M E N T

BETWEEN THE GOVERNMENT OF THE REPUBLIC OF ARMENIA AND THE GOVERNMENT OF THE GRAND DUCHY OF LUXEMBOURG ON AIR SERVICES

 ARTICLE 1 Definitions

 ARTICLE 2 Grant of Rights 

 ARTICLE 3 Designation and Authorization

 ARTICLE 4 Withholding, Revocation, Suspension and Limitation of Operating Authorisation

 ARTICLE 5 Application of Laws and Regulations

 ARTICLE 6 Recognition of Certificates and Licences

 ARTICLE 7 Aviation Safety

 ARTICLE 8 Aviation Security

 ARTICLE 9 Exemption from Customs and other Duties

 ARTICLE 10 Fair Competition and State Aid

 ARTICLE 11 Prices

 ARTICLE 12 Commercial Activities

 ARTICLE 13 Conversion and Transfer of Revenues

 ARTICLE 14 Cooperative Arrangements

 ARTICLE 15 Ground Handling

 ARTICLE 16 Intermodal Transport

 ARTICLE 17 User Charges

 ARTICLE 18 Statistics

 ARTICLE 19 Consultations

 ARTICLE 20 Settlement of Disputes

 ARTICLE 21 Modification of Agreement

 ARTICLE 22 Multilateral Convention

 ARTICLE 23 Termination

 ARTICLE 24 Registration

 ARTICLE 25 Entry into Force

THE GOVERNMENT OF THE REPUBLIC OF ARMENIA AND THE GOVERNMENT OF THE GRAND DUCHY OF LUXEMBOURG

Being parties to the Convention on International Civil Aviation opened for signature at Chicago, on the 7th day of December, 1944;

Desiring to conclude an agreement for the purpose of establishing air services between and beyond their respective territories;

Desiring to ensure the highest degree of safety and security in international air transport;

Have agreed as follows:

ARTICLE 1

Definitions

For the purpose of this Agreement, unless the context otherwise requires, the term:

(a) the « aeronautical authorities » means: in the case the Republic of Armenia, the Ministry of Economy and the General Department of Civil Aviation of the Republic of Armenia and, in the case of the Grand Duchy of Luxembourg, the Minister responsible for Civil Aviation or, in both cases, any other authority or person empowered to perform the functions now exercised by the said authorities;

(b) the « agreed services » means scheduled air services on the routes specified in the Annex to this Agreement for the transport of passengers, cargo and mail, separately or in combination;

(c) «the Agreement » means this Agreement, its Annex, and any amendments thereto;

(d) the « Convention » means the Convention on International Civil Aviation opened for signature at Chicago on the seventh day of December 1944 and includes any Annex adopted under Article 90 of that Convention and any amendment of the Annexes or of the Convention under Articles 90 and 94 thereof so far as those Annexes and amendments have been adopted or ratified by both Contracting Parties;

(e) the « designated airline » means an airline which has been designated and authorized in accordance with Article 3 of this Agreement;

(f) “Price” means any fare, rate or charge for the carriage of passengers, baggage and/or cargo (excluding mail) in air transportation (including any other mode of transportation in connection therewith) charged by airlines, including their agents, and the conditions governing the availability of such fare, rate or charge; ;

(g) « air services », « international air service », « airline » and « stop for non-traffic purposes » have the meaning respectively assigned to them in Article 96 of the Convention.

(h) « territory » has the meaning assigned to it in article 2 of the Convention.

ARTICLE 2

Grant of Rights

1. Each Contracting Party grants to the other Contracting Party the following rights for the conduct of international air services by the designated airlines of the other Contracting Party:

(a) to fly without landing across its territory;

(b) to make stops in its territory for non-traffic purposes;

(c) to make stops at the point(s) on the route(s) specified in the Annex to this Agreement for the purpose of taking on board and discharging passengers, baggage, cargo and mail, separately or in combination; and

(d) the rights otherwise specified in this Agreement.

2. Nothing in paragraph 1 of this article shall be deemed to confer on a designated airline of one Contracting Party the privilege of taking up, in the territory of the other Contracting Party, passengers, cargo and mail, separately or in combination, carried for remuneration or hire and destined for another point in the territory of that other Contracting Party.

3. All the rights granted in this Article by each Contracting Party shall not be assigned to any other third party.

4. If because of armed conflict, political disturbances or developments, or special and/or unusual circumstances, the designated airline of one Contracting Party is unable to operate a service on its normal routing, the other Contracting Party shall use its best efforts to facilitate the continued operation of such service through appropriate rearrangements of such routes, including the grant of rights for such time as may be necessary to facilitate viable operations.

ARTICLE 3

Designation and Authorization

1. Each Contracting Party shall have the right to designate to the other Contracting Party one or more airlines to operate the agreed services on the specified routes and to withdraw or alter such designations. Such designations or withdrawals or alterations thereof as the case may be, shall be transmitted in writing through the diplomatic channel to the other Contracting Party.

2. On receipt of such designation and subject to the provisions of Article 4 of this Agreement, the aeronautical authorities of the other Contracting Party shall with minimum procedural delay grant to the airline or airlines so designated the appropriate authorizations to operate the agreed services for which that airline has been designated .

3. On receipt of such authorizations a designated airline may at any time begin to operate the agreed services for which it is so designated, provided that the airline complies with the applicable provisions of this Agreement.

ARTICLE 4

Withholding, Revocation, Suspension and Limitation Operating Authorisation

1. The aeronautical authorities of the Republic of Armenia shall have the right to withhold, revoke, suspend or limit the authorization referred to in Article 3 of this Agreement with respect to an airline designated by the Grand Duchy of Luxembourg, or impose conditions, temporarily or permanently, in case:

(a) it is not established in the territory of the Grand Duchy of Luxembourg

under the EU Treaties or does not have a valid Operating Licence in accordance with European Union laws and regulations; or

(b) effective regulatory control of the airline is not exercised or not maintained by the European Union Member State responsible for issuing its Air Operator’s Certificate, or the relevant aeronautical authority is not clearly identified in the designation; or

(c) the airline is not owned, directly or through majority ownership, or it is not effectively controlled by Member States of the European Union or the European Free Trade Association and/or by nationals of such states, or

(d) of failure by the airline to comply with the laws and regulations of the Republic of Armenia; or

(e) the airline otherwise fails to operate in accordance with the conditions prescribed under this agreement;

2. The aeronautical authorities of the Grand Duchy of Luxembourg shall have the

right to withhold, revoke, suspend or limit the authorization referred to in Article 3 of this Agreement with respect to an airline designated by the Republic of Armenia or impose conditions, temporarily or permanently, in case:

(a) it is not established in the territory of the Republic of Armenia or does not have a valid Operating Licence in accordance with the applicable law of the Republic of Armenia; or

(b) effective regulatory control of the airline is not exercised or not maintained by the Republic of Armenia; or

(c) the airline is not owned, directly or through majority ownership, or it is not effectively controlled by the Republic of Armenia and/or by its nationals; or

(d) of failure by the airline to comply with the laws and regulations of the Grand Duchy of Luxembourg; or

(e) in case the airline otherwise fails to operate in accordance with the conditions prescribed under this Agreement.

3. Unless immediate action is essential to prevent infringement of the laws and regulations referred to above or unless safety or security requires action in accordance with the provisions of Article 7 (Aviation Safety) or Article 8 (Aviation Security) of this Agreement, the rights enumerated in paragraphs 1 and 2 of this Article shall be exercised only after consultations between the aeronautical authorities in conformity with Article 19 (Consultations) of this Agreement.

4. This Article does not limit the rights of each Contracting Party to withhold, revoke, suspend, limit or impose conditions on the authorization of a designated airline of the other Contracting Party, in accordance with Article 7 (Aviation Safety) and Article 8 (Aviation Security) of this Agreement.

ARTICLE 5

Application of Laws and Regulations

1. The laws, regulations and procedures of one Contracting Party shall apply to the navigation and operation of the aircraft of the airlines designated by the other Contracting Party during entry into, flying over, stay in and departure from the territory of the State of the first Contracting Party.

.2. The laws, regulations and procedures of one Contracting Party governing entry into, stay in and departure from its territory of passengers, crew, cargo or mail such as formalities regarding aviation security entry, exit, emigration, immigration, customs, health and quarantine shall apply to passengers, crew, cargo and mail carried by aircraft of the airlines of the other Contracting Party.

3. Each Contracting Party shall, upon request, supply to the other Contracting Party copies of the relevant laws and regulations referred to in this Article.

4. Passengers, baggage and cargo including mail in direct transit across the territory of either Contracting Party and not leaving the area of the airport reserved for such purpose shall, except in respect of security measures against the threat of unlawful interference, such as violence and air piracy and occasional measures for the combat of illicit drug traffic, be subject to no more than a simplified control. Baggage, cargo and mail in direct transit shall be exempt from custom duties, charges and other similar taxes.

ARTICLE 6

Recognition of Certificates and Licences

1. Certificates of airworthiness, certificates of competency and licences issued or validated in accordance with the laws and regulations of the one Contracting Party, including, in the case of the Grand Duchy of Luxembourg, European Union laws and regulations in force shall be recognised as valid by the other Contracting Party for the purpose of operating the agreed services, provided always that such certificates or licences were issued or validated, equal or above the minimum standards established under the Chicago Convention.

2. Paragraph 1) of this Article also applies with respect to an airline designated by the Grand Duchy of Luxembourg whose regulatory control is exercised and maintained by another European Union Member State.

3. Each Contracting Party, however, reserves the right to refuse to recognize, for flights above its own territory, certificates of competency and licences granted or validated to its own nationals by the other Contracting Party or by any other State.

ARTICLE 7

Aviation Safety

1. Each Contracting Party may request consultations at any time concerning safety standards adopted by the other Contracting Party in any area relating to aeronautical facilities, flight crew, aircraft or the operation of aircraft. Such consultations shall take place within thirty (30) days of that request.

2. If, following such consultations, one Contracting Party finds that the other Contracting Party does not effectively maintain and administer safety standards in any such area that are at least equal to the minimum standards established at that time pursuant to the Convention, the first Contracting Party shall notify the other Contracting Party of those findings and the steps considered necessary to conform with those minimum standards, and that other Contracting Party shall take appropriate corrective action. Failure by the other Contracting Party to take appropriate action within fifteen (15) days or such longer period, as may be agreed, shall be grounds for the application of Article 4 (Withholding, Revocation, Suspension and Limitation Operating Authorisation) of this Agreement.

3. Notwithstanding the obligations mentioned in Article 33 of the Convention, it is agreed that any aircraft operated by or, under a lease arrangement, on behalf of the airline or airlines of one Contracting Party on services to or from the territory of the other Contracting Party may, while within the territory of the other Contracting Party, be made the subject of an examination by the authorised representatives of the other Contracting Party, on board and around the aircraft to check both the validity of the aircraft documents and those of its flight crew and the apparent condition of the aircraft and its equipment (in this Article called “ramp inspection”), provided this does not lead to unreasonable delay.

4. If any such ramp inspection or a series of ramp inspections gives rise to serious concerns that:

(a) an aircraft or the operation of an aircraft does not comply with the minimum standards established at that time pursuant to the Convention; or

(b) there is a lack of effective maintenance and administration of safety standards established at that time pursuant to the Convention,

the Contracting Party carrying out the ramp inspection shall, for the purposes of Article 33 of the Convention, be free to conclude that the requirements under which the certificate or licenses in respect of that aircraft or in respect of the flight crew of that aircraft have been issued or rendered valid, or that the requirements under which that aircraft is operated, are not equal to or above the minimum standards established pursuant to the Convention.

5. In the event that access for the purpose of undertaking a ramp inspection of an aircraft operated by or on behalf of the airline or airlines of one Contracting Party in accordance with paragraph (3) of this Article is denied by the representative of that airline or airlines, the other Contracting Party shall be free to infer that serious concerns of the type referred to in paragraph (4) of this Article arise and draw the conclusions referred in that paragraph.

6. Each Contracting Party reserves the right to suspend or vary the operating authorisation of an airline or airlines of the other Contracting Party immediately in the event the first Contracting Party concludes, whether as a result of a ramp inspection, a series of ramp inspections, a denial of access for ramp inspection, consultations or otherwise, that immediate action is essential to the safety of an airline operation.

7. Any action by one Contracting Party in accordance with paragraph (2) or paragraph (6) of this Article shall be discontinued once the basis for the taking of that action ceases to exist.

8. Where the Grand Duchy of Luxembourg has designated an airline whose regulatory control is exercised and maintained by another European Union Member State, the rights of the other Contracting Party under this Article shall apply equally in respect of the adoption, exercise or maintenance of safety standards by that other European Union Member State and in respect of the operating authorisation of that airline.

ARTICLE 8

Aviation Security

1. Consistent with their rights and obligations under international law, 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.

2. Without limiting the generality of their rights and obligations under international law, the Contracting Parties shall in particular act in conformity with the provisions of the Convention on Offences 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, the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, signed at Montreal on 24 February 1988, the Convention on the Marking of Plastic Explosives for the Purpose of Detection, signed at Montreal on 1 March 1991 and any other convention and protocol relating to the security of civil aviation which both Contracting Parties adhere to.

3. 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 security of civil aviation.

4. The Contracting Parties shall act in conformity with the aviation security provisions and technical requirements established by the International Civil Aviation Organization and designated as Annexes to the Convention to the extent that such security provisions and requirements are applicable to the Contracting Parties. Each Contracting Party shall require that operators of aircraft of its registry or operators of aircraft that have their principal place of business or permanent residence in its territory or, in the case of the Grand Duchy of Luxembourg, operators of aircraft which are established in its State territory under the EU Treaties and have valid Operating Licences in accordance with European Union law and regulations, and the operators of airports in its territory act in conformity with such aviation security provisions.

5. Each Contracting Party agrees that its operators of aircraft shall be required to observe for entry into, departure from, or while within the territory of the other Contracting Party the aviation security provisions in conformity with the laws and regulations in force in the other Contracting Party, including, in case of the Grand Duchy of Luxembourg, European Union law,. Each Contracting Party shall ensure that adequate measures are effectively applied within its territory 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.

6. 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.

7. When a Contracting Party has reasonable grounds to believe that the other Contracting Party has departed from the aviation security provisions of this Article, the aeronautical authorities of the first Contracting Party may request immediate consultations with the aeronautical authorities of the other Contracting Party. Failure to reach a satisfactory agreement within fifteen (15) days from the date of such request shall constitute grounds for the application of Article 4 (Withholding, Revocation, Suspension and Limitation of Operating Authorisation or Technical Permission) of this Agreement. When required by an emergency, or to prevent further non-compliance with the provisions of this Article, a Contracting Party may take interim action under Article 4 (Withholding, Revocation, Suspension and Limitation of Operating Authorisation) of this Agreement prior to the expiry of fifteen (15) days. Any action taken in accordance with this paragraph shall be terminated upon compliance by the other Contracting Party with the security provisions of this Article.

ARTICLE 9

Exemption from Customs and Other Duties

1. Aircraft operated on international services by the airline(s) designated by each Contracting Party, as well as its regular equipment, supplies of fuel and lubricants and the aircraft stores (including food, beverages and tobacco) on board such aircraft shall be exempt from all customs duties, inspection fees and other duties or taxes on arriving in the territory of the other Contracting Party, provided such equipment and supplies remain on board the aircraft.

2. In addition, the following shall also be exempt from the same duties and taxes with the exception of charges corresponding to the service performed:

a) aircraft stores taken on board in the territory of either Contracting Party, within limits fixed by the appropriate authorities of said Contracting Party, and for use on board the aircraft of the other Contracting Party operating the agreed services;

b) spare parts entered into the territory of either Contracting Party for the maintenance or repair of aircraft used for the operation of the agreed services by the designated airline(s) of the other Contracting Party;

c) fuel and lubricants destined to supply aircraft operated on a specified route by the designated airline(s) of the other Contracting Party, even if these supplies are to be used on the part of the journey performed over the territory of the State of the Contracting Party in which they are taken on board.

Materials referred to in sub-paragraphs (a), (b) and (c) of this paragraph may be required to be kept under customs supervision or control.

3. The regular airborne equipment, as well as the materials and supplies retained on board the aircraft of the designated airline or airlines of either Contracting Party may be unloaded in the territory of the other Contracting Party only with the approval of the Customs authorities of that territory. In such case, they may be placed under the supervision of the said authorities up to such time as they are re-exported or otherwise disposed of in accordance with Customs regulations.

ARTICLE 10

Fair Competition and State Aid

1. Each Contracting Party shall allow fair and equal opportunity for the airlines of both Contracting Parties to compete in providing the international air transport governed by this Agreement.

2. Each Contracting Party shall allow each airline to determine the frequency and capacity of the international air transport it offers based upon commercial considerations in the marketplace. Consistent with this right, neither Contracting Party shall unilaterally limit the volume of traffic, frequency or regularity of service, or the aircraft type or types operated by the airlines of the other Contracting Party, except as may be required for customs, technical, operational or environmental reasons under uniform conditions consistent with Article 15 of the Convention.

3. Neither Contracting Party shall require filing of schedules, programs for flights, or operational plans by airlines of the other Contracting Party for approval, except as may be required on a non-discriminatory basis to enforce uniform conditions as foreseen by paragraph 2 of this Article or as may be specifically authorized in this Agreement. If a Contracting Party requires filings for information purposes, it shall minimize the administrative burdens of filing requirements and procedures on the airlines of the other Contracting Party.

4. Neither Contracting Party shall provide or permit state subsidy or support for or to its designated airline or airlines in such way that would adversely affect the fair and equal opportunity of the airlines of the other Contracting Party to compete in providing international air transportation.

5. State subsidy or support means the provision of support on a discriminatory basis to an airline, directly or indirectly, by the state or by a public or private body controlled by the state. Without limitation, it may include the setting-off of operational losses; the provision of capital, non-refundable grants or loans on privileged terms; the granting of financial 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 burdens imposed by the public authorities; or discriminatory access to airport facilities, fuels or other reasonable facilities necessary for the normal operation of air services.

6. Where a Contracting Party provides state subsidy or support to an airline in respect of services operated under this Agreement, it shall require that airline to identify the subsidy or support clearly and separately in its accounts.

7. If one Contracting Party has substantiated concerns that its airlines are being subjected to discrimination or unfair practices, or that a subsidy or support being considered or provided by the other Contracting Party would adversely affect or is adversely affecting the fair and equal opportunity of the airlines of the first Contracting Party to compete in providing international air transportation, the aeronautical authorities of the first Contracting Party may request immediate consultations with the aeronautical authorities of the other Contracting Party. Failure to reach a satisfactory agreement within fifteen (15) days from the date of such request shall constitute grounds to suspend the exercise of the rights specified in Article 2 of the present agreement by the airline of the other Contracting Party, or to revoke the operating authorization, or to impose such conditions as it may deem necessary on the exercise of these rights.

ARTICLE 11

Prices

1. Each Contracting Party shall allow prices for air transportation to be established by each designated airline based upon commercial considerations in the marketplace. Intervention by the Contracting Parties shall be limited to:

a) prevention of unreasonably discriminatory prices or practises;

b) protection of consumers from prices that are unduly high or restrictive because of the abuse of a dominant position or of concerted practices among air carriers; and

c) protection of airlines from prices that are artificially low because of direct or indirect governmental subsidy or support.

2 Prices to be charged by the designated airline or airlines for international air transportation between the territories of the Contracting Parties shall not be required to be filed for approval by either Contracting Party. Nevertheless, the designated airlines of the Parties shall continue to provide immediate access, on request, to information on historical, existing, and proposed prices to the aeronautical authorities of the Parties in a manner and format acceptable to those aeronautical authorities.

3. Notwithstanding the provisions of paragraphs 1 and 2 of the present article, the tariffs to be charged by the designated airline(s) of the Republic of Armenia for carriage wholly within the European Union shall be subject to European Union law.

ARTICLE 12

Commercial Activities

1. The designated airline or airlines of one Contracting Party shall be allowed, on the basis of reciprocity and in accordance with the laws and regulations of the other Contracting Party relating to entry, residence and employment to bring into and to maintain in the territory of that other Contracting Party their representatives, and managerial, commercial, operational and technical staff as required for the operation of international air services. .

2. Each Contracting Party shall accord the designated airlines of the other Contracting Party the right to sell and market international air services and related products in its territory, either directly or through agents or other intermediaries of the designated airlines’ choice, including the right to establish offices, both on-line and off-line

3. The airlines designated of each Contracting Party shall have the right to sell, in the territory of the other Contracting Party, air transportation and any person shall be free to purchase such transportation in the currency of that State or in freely convertible currencies of other countries in accordance with the foreign exchange regulations in force of each of the.Contracting Party.

ARTICLE 13

Conversion and Transfer of Revenues

Each Contracting Party grants to the designated airlines of the other Contracting Party the right to convert and remit to its country local revenues in excess of sums locally disbursed, with conversion and remittance permitted promptly without restrictions, discrimination or taxation in respect thereof at the rate of exchange applicable as of the date of the request for conversion and remittance.

ARTICLE 14

Cooperative Arrangements

1. The designated airlines of each Contracting Party that hold the required authorisations to operate the agreed air services will be entitled to operate and/or offer the agreed services on the specified routes or in any of the sections of those routes by way of different cooperative arrangements such as code-sharing, blocked-space, joint venture or leasing, with:

a) an airline or airlines of the same Contracting Party,

b) an airline or airlines of the other Contracting Party,

c) an airlines or airlines of a third country;

2. provided that all airlines in such arrangements

a) hold underlying traffic rights and meet the principles of the Agreement

b) meet safety and other requirements normally applied to such arrangements by the Aeronautical Authorities of both Contracting Parties; and

c) provide the consumers with the proper information concerning such code-sharing or blocked-space arrangements.

3. Each Contracting Party may prevent the use of leased aircraft for air services under this Agreement, which does not comply with Article 7 (Aviation Safety) and Article 8 (Aviation Security) of this Agreement.

4. The code-sharing airlines are required to provide the Aeronautical Authorities with relevant non-commercial documents for the intended code-sharing or blocked space arrangements at least 30 days before its introduction, in accordance with the national regulations of each Contracting Party.

ARTICLE 15

Ground Handling

Each airline shall have the right to perform its own ground-handling in the territory of the other Contracting Party or, at the airline’s option, select among competing agents for such services in whole or in part. The rights shall be subject only to physical or operational constraints resulting from considerations of airport safety or security. Where such considerations preclude self-handling, terms applicable to ground services of airlines of the other Contracting Party shall be applied uniformly and on terms no less favorable than the most favorable terms available to any airline engaged in similar international air services at the time the constraints are applied, and charges shall be based on the costs of services provided.

ARTICLE 16

Intermodal Transport

Designated airlines of both Parties shall be permitted to employ in connection with international air transportation any surface transportation for cargo and passengers to or from any points in the territories of the Parties or in third countries. Airlines may elect to perform their own surface transportation or to provide it through arrangements with other surface carriers, including surface transportation operated by other airlines and indirect providers of cargo transportation. Such intermodal cargo services may be offered at a single, through price for the air and surface transportation combined, provided that passengers and shippers are not misled as to the facts concerning such transportation.

.

ARTICLE 17

User Charges

1. Fees and other charges for the use of each airport including its installations, technical and other facilities and services as well as any charges for the use of air navigation facilities, communication facilities and services shall be made in accordance with the rates and tariffs established by each Contracting Party.

2. Such charges shall be just, reasonable, not discriminatory, and equitably apportioned among categories of users.

3. User charges imposed on the airlines of the other Contracting Party may reflect, but shall not exceed, the full cost to the competent charging authorities or bodies of providing the appropriate airport, airport environmental, air navigation, and aviation security facilities and services at the airport or within the airport system. Such full costs may include a reasonable return on assets, after depreciation.

4. The designated airline or airlines of one Contracting Party shall not pay higher fees than those imposed on the designated airline or airlines of the other Contracting Party and/or on any other foreign airlines operating similar international services, for the use of installations and services of the other Contracting Party.

ARTICLE 18

Statistics

The aeronautical authorities of one Contracting Party shall supply the aeronautical authorities of the other Contracting Party, at their request, with such statistics as may be reasonably required for information purposes subject to the laws and regulations of the State of each Contracting Party.

ARTICLE 19

Consultation

1. Either Contracting Party may, at any time, request consultations on the interpretation, application, or implementation of this Agreement.

2. Such consultations shall begin within a period of 60 days from the date the other Contracting Party receives a request, unless otherwise agreed by the Contracting Parties.

ARTICLE 20

Settlement of Disputes

1. If any dispute arises between the Contracting Parties relating to the interpretation or application of this Agreement, the Contracting Parties shall in the first place endeavour to settle it by negotiation.

2. If the Contracting Parties fail to reach a settlement by negotiation, they may agree to refer the dispute for decision to an arbitrator, 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. The tribunal shall determine the limits of its jurisdiction and establish its own procedure, unless otherwise agreed by the Contracting Parties.

3. Arbitration by a tribunal of three arbitrators shall be constituted as follows:

Each of the Contracting Parties shall nominate an arbitrator within a period of sixty (60) days from the date of receipt by either Contracting Party from the other of a notice through diplomatic channels requesting arbitration of the dispute, and the third arbitrator shall be appointed within a further period of sixty (60) days.

4. If either of the Contracting Parties fails to nominate an arbitrator within the period specified or the third arbitrator is not appointed within in the period specified, 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. In such case, the third arbitrator shall be a national of a third State and shall act as president of the tribunal and shall determine the place where the arbitration will be held. If the President considers that he is a national of a state, which cannot be regarded as neutral in relation to the dispute, the most senior Vice President who is not disqualified on that ground shall make the appointments. The arbitral tribunal shall reach its decision by a majority of votes.

5. The Contracting Parties undertake to comply with any decision given under paragraph (2) of this Article.

6. If and as long as either Contracting Party fails to comply with any decision given under paragraph (2) of this Article, the other Contracting Party may limit, suspend or revoke any rights or privileges which it has granted by virtue of this Agreement to the Contracting Party in default or to an airline in default.

7. The expenses of the arbitral tribunal, including the fees and expenses of the arbitrators, shall be shared equally by the Contracting Parties. Any expenses incurred by the President of the Council of the International Civil Aviation Organization in connection with the procedures of paragraph (4) of this Article shall be considered to be part of the expenses of the arbitral tribunal.

ARTICLE 21

Modifications

If either of the Contracting Parties considers it desirable to modify any provision of this Agreement, it may request consultations with the other Contracting Party. Such consultations, which may be between aeronautical authorities and which may be through discussion or by correspondence, shall begin within a period of sixty (60) days from the date of the request unless both Contracting Parties agree to an extension of this period. Any modifications so agreed shall come into force when the two Contracting Parties have notified each other by an exchange of diplomatic notes that the requirements for its entry into force under their respective legal procedures have been fulfilled.

ARTICLE 22

Multilateral Convention

This Agreement and its Annexes will be amended so as to conform with any multilateral convention which may become binding on both Contracting Parties.

ARTICLE 23

Termination

1. Either Contracting Party may at any time give notice in writing through diplomatic channels to the other Contracting Party of its decision to terminate this Agreement; such notice shall be communicated simultaneously to the International Civil Aviation Organization.

2. The Agreement shall terminate twelve (12) months after the date of receipt of the notice by the other Contracting Party, unless the notice to terminate is withdrawn by mutual agreement before the expiry of this period. In the absence of acknowledgement of receipt by the other Contracting Party, the notice shall be deemed to have been received fourteen (14) days after receipt of the notice by the International Civil Aviation Organization.

ARTICLE 24

Registration

This Agreement and any amendment thereto shall be registered with the International Civil Aviation Organization.

ARTICLE 25

Entry into Force

This agreement shall enter into force on the first day of the second month that follows the month during which the two Contracting Parties have notified each other by an exchange of diplomatic notes that the requirements for its entry into force under their respective legal procedures have been fulfilled.

In witness whereof the undersigned, being duly authorized thereto by their respective Governments, have signed the present Agreement.

Done in two duplicates at Luxembourg on this 8 day of December, 2015 in the Armenian, English and French languages, all texts being equally authentic. In the case of any divergence in interpretation of provisions of this Agreement, the English text shall prevail.

ANNEX

Route Schedule

Schedule I

Routes to be operated by the designated airlines of Luxembourg:

and vice-versa.

Schedule II

Routes to be operated by the designated airlines of Armenia:

and vice-versa.

Notes:

The designated airline or airlines of each Contracting Party are entitled to operate flights with Fifth Freedom traffic rights as per route schedule Annexed to the present Agreement.

The designated airline or airlines of each Contracting Party may on any or all flights omit calling at any of the points on the routes specified above, and may serve them in any order, without directional or geographic limitation and without loss of any right to carry traffic otherwise permissible under this Agreement; provided that with the exception of all-cargo services, the service serves a point in the territory of the Contracting Party designating the airline.

The Agreement has entered into force on 1 June 2019