A G R E E M E N T

 

BETWEEN THE GOVERNMENT OF THE REPUBLIC OF ARMENIA AND THE GOVERNMENT OF THE STATE OF QATAR ON AIR TRANSPORT SERVICES

 

The Government of the Republic of Armenia and the Government of the State of Qatar, hereinafter referred to as the "Contracting Parties",

being parties to the Convention on International Civil Aviation opened for signature at Chicago on the seventh day of December 1944, and

desiring to conclude an agreement for the purpose of establishing and operating air transport services between and beyond their territories have agreed as follows:

 

ARTICLE I

 

 DEFINITIONS

 

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

1. "The Convention" means. The Convention on International Civil Aviation opened for signature at Chicago on the seventh day of December 1944, and includes any Annexes adopted under Article 90 of that Convention any amendment of the annexes or Convention under Article 90 and 94 thereof so far as those annexes and amendments have become effective for or been ratified by both Contracting Parties.

2. The term "Aeronautical Authorities" means, in the case of the Republic of Armenia, the General Department of Civil Aviation or any other person or body authorized to perform the present or similar functions and.in the case of the State of Qatar, the Chairman of the board of Civil Aviation and any person or body authorized to perform any function exercised at present by the said Chairman or similar functions

3. The term "Designated Airline" means an airline or airlines which has or have been designated, and authorized in accordance with Article 4 of this Agreement.

4. The term "Territory" in relation to a state has the meaning assigned to it in Article 2 of the Convention.

5. The term "Air Service", "International Air Service", "Airline" and" Stop For Non- Traffic Purposes" have the meanings respectively assigned to them in Article 96 of the Convention.

6. The term "Capacity" in relation to an aircraft means the payload of the aircraft

available on the route or section of a route.

7. The term "Capacity" in relation to a specified air service means the capacity of aircraft, used on such service, multiplied by the frequency of the flights, operated by such an aircraft over a given period and route or section of route.

8. The term "Agreed Services" and "Specified Routes" have the meaning respectively of scheduled international air services and of routes specified in the Annex to this Agreement.

9. The term "Tariff" means the prices to be paid for the carriage of passengers, baggage and cargo and the conditions under which those prices apply, including prices and conditions for agency and other auxiliary service, but excluding remuneration and conditions for the carriage of mail.

10. The term "Agreement" means this Agreement, the Annexes attached thereto and any amendments thereto.

11. The term "Annex" means Annexes to this Agreement. The annexes form an integral part of this Agreement and all references to the Agreement shall include reference to the Annexes unless otherwise provided.

 

ARTICLE 2

 

APPLICABILITY OF CHICAGO CONVENTION

 

In implementing this Agreement, the Contracting Parties shall act in conformity with the provisions of the Convention on International Civil Aviation, opened for signature at Chicago on 7 December, 1944 including the annexes and any amendments to the Convention or to its Annexes which apply to both Contracting Parties, in so far as these provisions are applicable to International air services

.

 

ARTICLE 3

 

GRANT OF RIGHTS

 

1. Each Contracting Party grants to the other Contracting party the following rights in respect of its scheduled international air services.

a) The right to fly across its territory without landing; b) The right to make stops in its territory for non-traffic purposes.

2. Each Contracting Party grants to the other Contracting Party the rights specified in this Agreement for the purpose of establishing scheduled international air services on the routes specified in the appropriate section of the schedule annexed to this Agreement. While operating an agreed service on a specified route, the airlines designated by each Contracting Party shall enjoy in addition to the rights specified in paragraph I of this Article, the rights to make stops in the territory of the other Contracting Party at the points specified for that route, in the Schedule to this Agreement for the purpose of taking on board and discharging passengers and cargo including mail, in combination or separately.

3. Nothing in paragraph (2) of this Article shall be deemed to confer on the airlines of one Contracting Party, the privilege of taking on board, in the territory of the other Contracting Party, passengers and cargo including mail carried for hire or reward and destined for another point in the territory of the other Contracting Party.

4. If because of armed conflict, political disturbances or developments or special and unusual circumstances a 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 temporary rearrangement of routes.

 

ARTICLE 4

 

DESIGNATION OF AIRLINES

 

1. Each Contracting party shall have the right to designate in writing to the other Contracting Party one or more airlines for the purposes of operating the agreed services on the specified routes.

2. On receipt of such designation, the other Contracting party shall, subject to the provisions of paragraphs (3) and (4) of this Article, without delay grant to the airline or airlines designated, the appropriate operating authorizations.

3. The Aeronautical Authorities of one Contracting Party may require an airline designated by the other Contracting Party to satisfy them that it is qualified to fulfill the conditions prescribed under the laws and regulations normally and reasonably applied to the operation of international air services by such authorities in conformity with the provisions of the Convention.

4. Each Contracting Party shall have the right to refuse to grant the operating authorization referred to in paragraph (2) of this Article, or to impose such conditions as it may deem necessary on the exercise by a designated airline of the rights specified in Article (3) of this Agreement, in any case where the said Contracting Party is not satisfied that substantial ownership and effective control of that airline are vested in the Contracting Party designating the airline or in its nationals.

 5. When an airline has been so designated and authorized it may begin at any time to operate the agreed services provided that a tariff established in accordance with the provisions of Article (8) of this Agreement is in force in respect of that service.

6. Each Contracting Party shall have the right to replace its designated airline by another, subject to the written approval of the Aeronautical Authority of the other party as to the name of the designated airline replaced. The newly designated airline shall enjoy the same rights granted to, and incur the same obligation of the airline replaced by it.

 

ARTICLE 5

 

REVOCATION OR SUSPENSION OF OPERATING AUTHORIZATIONS

 

I ) Each Contracting Party shall have the right to revoke an operating authorization or to suspend the exercise of the rights specified in Article (3) of this agreement by an airline designated by the other Contracting Party, or to impose such conditions as it may deem necessary on the exercise of these rights:

a) In any case where it is not satisfied that substantial ownership and effective control of that airline are vested in the Contracting Party designating, the airline or in the nationals of such Contracting Party; or

b) In the case of failure by that airline to comply with the State laws or regulations of the Contracting Party granting these rights; or

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

2) Unless immediate revocation, suspension or imposition of the conditions mentioned in paragraph (1) of this Article is essential to prevent further infringements of laws or regulations, such right shall be exercised only after consultation with the other Contracting Party.

 

 ARTICLE 6

 

 EXEMPTION FROM CUSTOMS AND OTHER DUTIES

 

I ) Aircraft operated in international air services by the designated airlines of one Contracting Party, their regular equipment, fuel, lubricants, consumable technical supplies, spare parts including engines, and aircraft stores (such items as food, beverages and tobacco) which are on board such aircraft shall be exempt by the other Contracting Party on the basis of reciprocity from all customs duties, excise taxes and similar fees and charges (with the exemption of charges corresponding to the services), provided such regular equipment and such other items on board the aircraft until such time as they are re-exported.

2) Regular equipment, fuel, lubricants, consumable technical supplies, spare parts including engines, aircraft stores (including but not limited to such items as food, beverages and tobacco), printed ticket stock, air waybills, any printed material which bears insignia of a designated airline of one Contracting Party and usual publicity material distributed without charge by that designated airline, introduced into the territory of the other Contracting Party by or on behalf of that designated airline or taken on board the aircraft operated by that designated airline or taken on board the aircraft operated by that designated airline, shall be exempted by the other Contracting Party on the basis of reciprocity from all customs duties, excise taxes and similar fees and charges not based on the cost of services provided on arrival, even when such regular equipment and such other items are to be used on any part of a journey performed over the State area of the other Contracting Party with exemption from any charges that may be imposed for such supervision or control of the said customs authorities.

3) The regular equipment and the other items referred to in paragraphs (1) and (2) of this Article may be required to be kept-under the supervision or control of the customs authorities of the other Contracting Party as provided.

4) The regular equipment and the other items referred to in paragraph (1) of this Article may be unloaded in the State area of the other Contracting Party with the approval of the customs authorities of that other Contracting Party. In these circumstances, such regular equipment and such items shall enjoy, on the basis of reciprocity, the exemptions provided by paragraph (1) of this Article until they are re-exported or otherwise disposed of in accordance with customs regulations. The customs authorities of that other Contracting Party may however require that such regular equipment and such items be placed under their supervision up to such time.

5) The exemptions provided for by this Article shall also be available in situations where a designated airline of one Contracting Party has entered into arrangements with another airline or airlines for the loan or transfer in the State area of the other Contracting Party of the regular equipment and the other items referred to in paragraphs (1) and (2) of this Article, provided that other airline or airlines similarly enjoy such exemptions from that other Contracting Party.

6) Baggage and Cargo in direct transit across the State area of a Contracting Party shall be exempt from customs duties, excise taxes and similar fees and charges not based on the cost of services provided on arrival to the territory of the other Contracting Party.

 

ARTICLE 7

 

PRINCIPLES GOVERNING OPERATION OF AGREED SERVICES

 

1) There shall be fair and equal opportunity for the airlines of both Contracting Parties to operate the agreed services on the specified routes between the respective territories of their states.

2) In operating the agreed services, the airlines of each Contracting Party shall take into account the interest of the airlines of the other Contracting Party so as not to affect unduly the services which the latter provide on the whole or part of the same routes.

3) The agreed services provided by the designated airlines of the Contracting Parties shall bear reasonable relationship to the requirements of the public for transportation on the specified routes and shall have as their primary objective the provision of capacity adequate to carry the current and reasonably anticipated requirements for the carriage of passengers, baggage, cargo and mail originating from or destined for the territory of the Contracting Party which has designated the airline. Provision for the carriage of passengers, baggage, cargo and mail both taken on board and discharge at points of specified routes in the territories of states other than that designating the airline shall be made in accordance with the general principles, that capacity shall be related to:

i) Traffic requirements to and from the State territory of the Contracting Party which has designated the airline.

ii) Traffic requirements of the area through which the airline passes, after taking account of other transport services established by airlines of the states comprising the area; and

iii) the requirements of through airline-operations.

4) Any charges that may be imposed or permitted to be imposed by a Contracting Party for the use of such airports and air navigation facilities by the aircraft of the other Contracting Party shall not be higher than those that would be paid by its national aircraft engaged in scheduled international air services.

 

ARTICLE 8

 

TARIFFS

 

1) Tariffs to be charged by the designated airlines of one Contracting Party for carriage to or from territory of the other Contracting Party shall be established at reasonable levels, due regard being paid to all relevant factors, including interests of users, cost of operation, characteristics of service, commission rates, reasonable profit, the tariffs of other airlines and other commercial considerations in the market-place.

2) The Tariffs referred to in paragraph (1) of this Article shall, if possible, be agreed between the designated airlines of the Contracting Parties and such agreement shall, wherever possible, be reached using the procedures of the appropriate international bodies or organizations.

3) The tariffs so agreed shall be submitted for approval to the Aeronautical Authorities of the Contracting Parties at least (60) before the proposed date of their introduction. In special cases, this period may be reduced, subject to the agreement of the said authorities.

4) The approval of the tariffs may be given expressly. If neither of the Aeronautical Authorities has expressed disapproval within (30) days from the date of submission, in accordance with paragraph 3 of this Article, these tariffs shall be considered approved. In the event of the period for submission being reduced, as provided for in paragraph 3 of this Article, the Aeronautical Authorities may agree that the period within which any disapproval must be notified shall be less than 30 days.

5) If a tariff cannot be agreed upon in accordance with paragraph 2 of this Article, or if, during the period applicable in accordance with paragraph 4 of this Article, the

Aeronautical Authorities of one Contracting Party may give to the aeronautical

authorities of the other Contracting Party a notice of their disapproval of a tariff agreed

in accordance with paragraph 2 of this Article, the aeronautical authorities of the Contracting Parties shall endeavor to determine the tariff by mutual agreement.

6) If the Aeronautical Authorities of the Contracting Parties cannot agree on any tariff submitted to them under paragraph 3 of this Article, on the determination of any tariff under paragraph 5 of this Article, the dispute may be settled in accordance with the provision of Article 13 of this Agreement.

7) A tariff established in accordance with the provisions of this Article shall remain in forced until a new tariff has been approved. The applicability of the tariff concerned may be extended beyond the original expiry date with the approval of the aeronautical authorities of the Contracting Parties. However, a tariff shall not be prolonged by virtue of this paragraph for more than twelve (12) months after the date on which it would otherwise have expired.

8) The Aeronautical Authorities of either Contracting Party may withdraw approval of any such tariff approved or deemed to be approved by them on giving 90 days notice to the designated airline charging such tariff. The airline shall cease such tariff at the end of that period.

9) Each Contracting Party shall ensure that the designated airlines of both Contracting Parties strictly comply with the tariffs agreed upon and approved in accordance with the provisions of this Article.

10) Notwithstanding the provisions of paragraphs (4) and (5) of this Article, the Aeronautical Authorities of a Contracting Party shall not disapprove any proposed tariff filed with them by a designated airline which corresponds (e.g. in price level, conditions and date of expiry but not necessarily the routing being used) to the tariff charged by an airline of that Contracting Party for comparable service between the same points.

 

 ARTICLE 9

 

 PROVISION OF STATISTICS

 

The Aeronautical Authorities of a Contracting Party shall supply to the Aeronautical Authorities of the other Contracting Party on request with periodic or other statements of statistics as may be reasonably required for the purpose of reviewing the capacity provided on the agreed services by the designated airlines of the Contracting Party referred to first in this Article. Such statements shall include all information required to determine the amount of traffic carried by those airlines on the agreed services and the origins and destinations of such traffic.

 

ARTICLE 10

 

TRANSFER OF EARNING

 

1) Each Contracting Party shall grant to the designated airline(s) of the other Contracting Party, the right of free transfer of the excess of receipts over expenditure earned in the state territory of the respective Contracting Party. Such transfer shall be effected on the basis of official exchange rates or where there are no official exchange rates, at the prevailing foreign market rates for current payment.

2) If a Contracting Party imposes restrictions on the transfer of excess of receipts over expenditure by the designated airline of the other the latter shall have the right to impose reciprocal restrictions on the designated airlines of the Contracting Party.

 

ARTICLE 11

 

AVIATION SECURITY

 

1) Consistent with their right and obligations under international law, the Contracting Parties reaffirm that their obligations to each other to protect the security of Civil Aviation against acts of unlawful interference, forms an integral part of this Agreement. 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 offenses 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.

2) The Contracting Parties shall provide upon request all assistance to each other 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 the security of Civil Aviation.

3) The Contracting Parties shall, in their mutual relations, act in conformity with the aviation security provisions established by the International Civil Aviation Organization and designated as Annexes to the convention on International civil Aviation to the extent that such security provisions are applicable to the parties; they shall require the operators of aircraft who have their principal place of business or permanent residence in their State territory and operators of airports in their State territory to act in conformity with such aviation security provisions.

4) Each Contracting Party agrees that such operators of aircraft may be required to observe the aviation security provisions referred to in paragraph (3) above required by the other Contracting Party for entry into, departure from, or while within the State territory of that other Contracting Party.

Each Contracting Party shall ensure that adequate measures are effectively applied within its State territory to protect the aircraft and inspect passengers, crew, carry-on items, baggage, cargo and aircraft stores prior to and during boarding or loading. Each Contracting Party shall also give positive consideration to any request from the other Contracting Party for reasonable special security measures to meet a particular threat.

5) When an accident or threat 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.

6) Should one Contracting Party have problems with regard to the aviation security provisions of this Article, the Aeronautical Authorities of either Contracting Party may request immediate consultations with the Aeronautical Authorities of the other Contracting Party.

 

ARTICLE 12

 

CONSULTATIONS

 

1) In a spirit of close co-operation, the Aeronautical Authorities of the Contracting Parties

shall consult each other from time to time with a view to ensuring the implementation of, and satisfactory compliance with, the provisions of this Agreement and the annexed schedule and shall consult when necessary to provide for modifications thereof

2) Either Contracting Party may request consultation in writing which shall begin within a

period of (60) days from the date of receipt of the request, unless both Contracting Parties agree to an extension of this period.

 

ARTICLE 13

 

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 try to settle it by negotiation.

 2) If the Contracting Parties, fail to reach a settlement of the dispute by negotiation, it may be referred by them to such person or body as they may agree on or, at the request of a Contracting Party, shall be submitted for decision to a tribunal of three arbitrators which shall be constituted in the following manner:

a) Within 30 days after receipt of a request for arbitration, each Contracting Party shall appoint one arbitrator. A national of a State which can be regarded as, neutral in relation to the dispute who shall act as president of the tribunal, shall be appointed as the third arbitrator by agreement between the two arbitrators, within 60 days of the appointment of the second.

b) If within the time limits specified above, any appointment has not been made, a Contracting Party may request the President of the Council of the International Civil Aviation Organization to make the necessary appointment within 30 days. 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 appointment.

c) Except as here provided in this Article or as otherwise agreed by the Contracting Parties, the tribunal shall determine the limits of its jurisdiction and establish its own procedure.

At the direction of the tribunal, or at the request of a Contracting' Party, a conference to determine the precise issues to be arbitrated and specific procedures to be followed shall be held not later than 30 days after the tribunal is fully constituted.

d) Except as otherwise agreed by the Contracting Parties or prescribed by the tribunal, each Contracting Party shall submit a memorandum within 45 days after the tribunal is fully constituted. Replies shall be due 60 days later. The tribunal shall hold a hearing at the request of a Party, or at its discretion, within 30 days after replies are due.

e) The tribunal shall attempt to give a written decision within 30 days after completion of the hearing or, if no hearing is held, after the date both replies are submitted. The decision shall be taken by a majority vote.

f) A Contracting Party may submit a request for clarification of the decision within 15 days after it is received and such clarification shall be issued within 15 days of such request.

g) The decision of the tribunal shall be binding on the Contracting Parties.

h) Each Contracting Party shall bear the cost of the arbitrator appointed by it. The other costs of the tribunal shall be shared equally by the Contracting Parties including any expenses incurred by the President or Vice-President of the Council of the International Civil Aviation Organization in implementing the procedures in paragraph (2) of this Article.

 

ARTICLE 14

 

AMENDMENT

 

1) If either of the Contracting Parties considers it desirable to modify any provision of this Agreement, such modifications if agreed between the Contracting Parties and if necessary after consultation in accordance with Article 12 of this Agreement, shall come into effect when confirmed by an exchange of Notes, through the diplomatic channel.

2) If the amendment relates to the provisions of the Agreement other than those of the annexed Schedule, the amendment shall be approved by each Contracting Party in accordance with its constitutional procedures.

3) If the amendment relates only to the provisions of the annexed Schedule, it shall be agreed upon between Aeronautical Authorities of both Contracting Parties.

 

ARTICLE 15

 

REGISTRATION WITH THE INTERNATIONAL CIVIL AVIATION ORGANIZATION

 

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

 

ARTICLE 16

 

COMMERCIAL ACTIVITIES

 

1) The designated airlines of each Contracting Party shall have the right, in accordance with the laws and regulations of the other Contracting Party relating to entry, residence and employment, to bring into and maintain in the area of that other Contracting Party those of their own managerial, technical, operational and other specialist staff who are required for the provision of air transportation.

2) The designated airlines of each Contracting party shall have the right to engage in the sale of air transportation in the area of the other Contracting Party, either directly or through agents subject to appropriate authorizations and in accordance with the respective national laws and regulations. The designated airlines of each Contracting Party shall have the right to sell, and any person shall be free to purchase, such transportation in local currency or in any freely convertible other currencies.

 

ARTICLE 17

 

APPLICABILITY OF NATIONAL LEGISLATION

 

1) The laws and regulations of one Contracting Party relating to the admission to, stay in, transit through or departure from its territory of aircraft, engaged in international air navigation, or to the operation and navigation of such aircraft while within its territory shall be applied to the aircraft of the designated airline of the other Contracting Party and shall be complied with by such aircraft upon entrance into or departure from and while within the territory of the first Contracting Party.

2) The laws and regulations of one Contracting Party relating to the admission to stay in,

transit through or departure from its territory of passengers, crew, baggage, cargo or mail of aircraft, including regulations relating to entry, clearance, immigration, emigration, passports, customs, currency and quarantine, shall be complied with by or on behalf of such passengers, crew, baggage, cargo or mail of designated airline of the Contracting Party upon entrance into or departure from or while within the territory of the first Contracting Party.

3) The airways and the points of overflying the frontier of the territories of the Contracting Parties for the routes specified in the Annex of the present Agreement shall be independently established by each Contracting Party in its territory

4) The appropriate authorities of a Contracting Party shall have the right without unreasonable delays, to search aircraft of the other Contracting Party on landing or take off and to inspect the certificate and other documents prescribed by the Convention (Ramp Inspection).

 

ARTICLE 18

 

RECOGNITION OF CERTIFICATES AND LICENCES

 

1) Certificates of airworthiness, certificates of competency and licenses issued or rendered valid by one Contracting Party and still in force, shall be recognized as valid by the other Contracting Party for the purpose of operating the agreed services provided that such certificates or licenses are issued or rendered valid pursuant to, and in conformity with, the standards established under the Convention. Each Contracting Party reserves the rights, however, to refuse to recognize for the purpose of flights undertaken pursuant to rights granted under sub-article (2) of Article 3 of this Agreement, certificates of competency and licenses granted to its own nationals by the other Contracting Party.

2) If the privileges or conditions of the licenses or certificates issued or rendered valid by one Contracting Party permit a difference from standards established under the Convention, and that difference has been filed with the International Civil Aviation Organization, the Aeronautical Authorities of the other Contracting party may request consultation in accordance with Article 12 (Consultation) of this Agreement with the Aeronautical Authorities of the first Contracting Party with a view to satisfying themselves that practice in question is acceptable to them. Failure to reach a satisfactory agreement in these matters shall constitute grounds for the application of Article 5 of this Agreement.

 

ARTICLE 19

 

TERMINATION

 

1) This Agreement shall be valid for an indefinite period of time.

2) Either Contracting Party may at any time give notice to the other Contracting Party of its decision to terminate this Agreement. Such notice shall be simultaneously communicated to the International Civil Aviation Organization. In such case the Agreement shall terminate 12 months after the date of receipt of the notice by the other Contracting Party, unless the notice to terminate is withdrawn by agreement before the expiry of this period. In the absence of acknowledgement of receipt by the other Contracting Party, notice shall be deemed to have been received 14 days after the receipt of the notice by the International Civil Aviation Organization.

 

ARTICLE 20

 

ENTRY INTO FORCE

 

This Agreement shall enter into force on the date of the exchange of instruments of ratification.

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

Done at Doha on April 22, 2002, in two originals, each of them in Armenian, Arabic and English languages, all texts being equally authentic.

In case of divergence of interpretation, the English text shall prevail.

 

ANNEX

 

SECTION A

 

1) Routes on which scheduled international air services will be operated in both directions by the designated airline of the Republic of Armenia:_______

 

Points in Armenia	Intermediate Points	Points in Qatar	Beyond Points
_____________________________________________________________________________________
Points in Armenia	Any points	Points in Qatar	Any points

 

2) Routes on which scheduled international air services will be operated in both directions by the designated airline of the State of Qatar:

 

Points in Qatar	Intermediate Points	Points in Armenia	Beyond Points
_____________________________________________________________________________________
Points in Qatar	Any points	Points in Armenia	Any points

 

SECTION B

 

1. Any point or several points on the specified routes may not be served either on all flights, or on some of them subject to the interest of the designated airlines of the Contracting Parties:

2. Each designated airline may serve intermediate points and points beyond specified in the Annex of the present Agreement on condition that no traffic rights are exercised between these points and the points in the territories of the Contracting Parties, unless Fifth Freedom traffic rights have been approved by the Aeronautical Authorities concerned.

 

SECTION C

 

Additional flights to the agreed flight schedule, may be operated by the designated airlines on the basis of a preliminary application and approval of the Aeronautical Authorities of each Contracting Party.