07 June 2023
19 Thul-Qi'dah 1444
عربي
The Government of the State of Qatar and the Government of the Republic of Croatia, hereinafter referred to as the Contracting PartiesBeing Parties to the Convention on International Civil Aviation opened for signature at Chicago on the seventh day of December, 1944,Desiring to conclude an Agreement for the purpose of establishing air services between and beyond their respective territories,HAVE AGREED AS FOLLOWS:Article (1)DEFINITIONS1. For the purpose of this Agreement, unless the context otherwise requires:a) The term "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 and any amendment of the Annexes or Convention under Article 90 and 94 thereof, which have been adopted by both Contracting Parties;b) The term "aeronautical authorities" means, in the case of the State of Qatar, the Chairman & Managing Director of the Civil Aviation Authority and any person or body authorized to perform any functions exercised by the said Chairman and in the case of the Republic of Croatia, the Ministry of Sea, Tourism, Transport and Development and any person or body authorized to perform any functions exercised by the said Ministry;c) The term "designated airlines" means airlines which have been designated and authorized in accordance with Article 3 of this Agreement;d) The term "territory" has the meaning specified in Article 2 of the Convention;e) The terms "air services", "international air service", "airline" and “stop for non-traffic purposes" have the meanings specified in Article 96 of the Convention;f) The term "capacity" means;- In relation to an aircraft, the payload of that aircraft available on the route or section of a route,- In relation to a specified air service, the capacity of the aircraft used on such service multiplied by the frequency operated by such aircraft over a given period and route or section of a route;g) The term "agreed services" and "specified routes" have the meaning respectively of scheduled international air services and routes specified in the Annex to this Agreement;h) The term "tariff" means:a) the fare charged by an airline for the carriage of passengers and their baggage on scheduled air services and the charges and conditions for services ancillary to such carriage;b) the rate charged by an airline for the carriage of cargo (excluding mail on scheduled air services;c) the conditions governing the availability or applicability of any such fare or rate including any benefits attaching to it; andd) The rate of commission paid by an airline to an agent in respect of tickets sold or airway bills completed by that agent for carriage on scheduled air services.2. The Annex to this Agreement forms an integral part of the Agreement.Article (2)APPLICABILITY OF CHICAGO CONVENTIONIn 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 7th December 1944, including 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)TRAFFIC RIGHTS1. Each Contracting Party grants to the other Contracting party the rights specified in this Agreement, for the purpose of establishing agreed services on the specified routes n the Annex to this Agreement. The airlines designated by each Contracting party shall enjoy, while operating an agreed service on a specified route, the following rights:a) to fly without landing across the territory of the other Contracting Party, b) to make stops in the said territory for non-traffic purposes; and,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 agreed services on a specified route the airlines designated by each Contracting Party shall enjoy, in addition to the rights specified in paragraph 1 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 Annex of 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 designated airlines of one Contracting Party the privilege of taking up, in the territory of the other Contracting Party, traffic carried for remuneration or hire and destined for another point in the territory of that other Contracting Party.4. Other airline of each Contracting Party shall also enjoy the rights specified in paragraph 1 a) and b) of this Article.Article (4)OPERATING AUTHORIZATIONS1. Each Contracting Party shall have the right to designate in writing to the other Contracting Party an airline or airlines for the purpose of operating air 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 designated the appropriate operating authorization.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.4. Each Contracting Party shall have the right to refuse to grant the operating authorizations referred to in paragraph (2) of this Article or to impose such conditions as it may deem necessary, 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 air services, provided that a tariff and flight schedules are established in accordance with the provisions of Article 13 and Article 14.6. Each Contracting Party may designate a Joint Air transport Operating Organization established under Article 77 and 79 of the Convention and this Joint Organization shall be accepted by other Contracting Party.Article (5)REVOCATION AND SUSPENSION OF OPERATING AUTHORIZATIONS1. Each Contracting Party shall have the right to revoke an operating authorization or to suspend the exercise of the rights specified in Article 2 of this Agreement by an airline designated by the other Contracting party or to impose such conditions as it may teem 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 its nationals, orb) 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 between the aeronautical authorities of the Contracting Parties.3. In the event of action taken by one Contracting Party under this Article the rights of the other Contracting Party under Article 22 shall not be prejudiced.Article (6)APPLICATION OF LAWS AND REGULATIONS1. The laws and regulations of a Contracting State relating to the admission to, stay in, 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 both Contracting Parties without distinction as to nationality, and shall be complied with by such aircraft upon entering or departing from or while within the territory of that state.2. The laws and regulations of a Contracting Party relating to the admission to, stay in, or departure from its territory of passengers, crew, cargo and mail transported on board the aircraft, such as regulations relating to entry, clearance, immigration, passports, customs and sanitary control shall be complied with by or on behalf of such passengers, crew, cargo and mail upon entrance into or departure from or while within the territory of that party.3. 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 departure and to inspect the certificate and other documents prescribed by the Convention.Article (7)RECOGNITION OF CERTIFICATES AND LICENCES1. Certificate of airworthiness, certificate of competency and licenses issued or rendered valid by one Contracting Party shall, during the period of their validity, be recognized as valid by other Contracting Party, provided that the requirements under which such certificates or licenses were issued or rendered valid are equal to or above the minimum standards which may be established pursuant to the Convention.2. Each Contracting Party reserves the right, however, to refuse to recognize as valid, for the purpose of flights over its own territory, certificate of competency and licenses granted to or rendered valid for its own nationals by the other Contracting Party.Article (8)EXEMPTION FROM CUSTOMS AND OTHER DUTIES AND TAXES1. Aircraft operated on international air services by the designated airline of either Contracting Party, as well as their regular equipment, supplies of fuels and Lubricants, and 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 up to such time as they are re-exported or they are used on board aircraft on the part of the journey to be performed over that territory.2. There 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 authorities of said Contracting party, and for use on board aircraft of the designated airline engaged in an international service of the other Contracting Party,b) spare parts and regular equipment entered into the territory of either Contracting Party for the maintenance or repair of aircraft used on international services by the designated airline of the other Contracting Party,c) Fuel and lubricants destined to supply aircraft operated on international services by designated airline of the other Contracting party, even when these supplies are to be used on the part of the journey to be performed over the territory of the Contracting Party in which they are taken on board.3. Materials and equipment referred to in paragraph 2 above may be required to be under Customs supervision or control.4. The regular airborne equipment, as well as the materials and supplies retained on board the aircraft of the designated 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 such territory. In such case, they may be placed under the supervision of said authorities up to such time as they are re-exported or otherwise disposed of in accordance with customs regulations.5. There shall also be exemption from all customs duties and/or taxes on a reciprocal basis official documents bearing the emblem of the airline such as luggage tags, air tickets, airways bills, boarding cards, advertising materials and time tables, printed stationeries, office equipment, uniforms, ground and communication equipment imported into the territory of either Contracting Party for the exclusive use by the designated airline of the other Contracting Party.Article (9)USER CHARGES1. Each Contracting Party may impose or permit to be imposed just and reasonable charges for the use of airports and other facilities under its control.2. Each of the Contracting Parties agrees, however, that such charges shall not be higher than the charges imposed upon all other aircraft engaged in similar international services.Article (10)DIRECT TRANSIT TRAFFICPassengers, baggage and cargo in direct transit across the territory of one Contracting Party and not leaving the area of the airport reserved for such purpose shall be subject to no more than a simplified control except in respect of security measures against violence, air piracy and smuggling of controlled drugs. Baggage and cargo in direct transit shall be exempt from customs duties and other charges.Article (11)FINANCIAL PROVISIONS1. Each designated airline shall have the right to sell and issue its own transportation documents in the territory of the other Contracting Party directly, to the extent a national legislation permits, and, at its discretion, through its agents. Such airlines shall have the right to sell such transportation, and any person shall be free to purchase such transportation in local and convertible currency.2. If a Contracting Party imposes restrictions on the transfer of excess of receipts over expenditure by the designated airline of the other Contracting Party the latter shall have the right to impose reciprocal restrictions on the designated airlines of that Contracting Party.Article (12)REPRESENTATIONThe Contracting Party shall permit the designated airline of the other Contracting Party to bring and maintain in the territory of the other Contracting Party, employed and other responsible personnel for their administrative, technical and operational air service activities in accordance with the entry, residence and employment rules and regulations of the other Contracting Party.Article (13)PRINCIPLES GOVERNING OPERATION OF AGREED SERVICES1. There shall be fair and equal opportunity for the designated airlines of both Contracting Parties to operate the agreed services on the specified routes between their respective territories.2. In operating the agreed services the designated airlines of each Contracting Party shall take in account the interests of the designated 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 a close relationship to the requirements of the public for transportation on the specified routes and shall have as their primary objective the provision at a reasonable load factor of capacity adequate to carry the current and reasonably anticipated requirements for the carriage of passengers and/or cargo, including mail, corning from or destined for the territory of the Contracting Party which has designated the airline. Provision for the carriage of passengers and cargo, including mail, both taken on board and discharged at points on the 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:a) traffic requirements to and from the territory of the Contracting party which has designated the airline;b) traffic requirements of the area through which the agreed service passes, after taking account of other transport services established by airlines of the States comprising the area; andc) the requirements of through airline operation.Article (14)TARIFFS1. The tariffs to be charged by the airlines of one Contracting party for carriage to or from the territory of the other Contracting Party shall be established at reasonable levels, due regard being paid to all relevant factors including cost of operation, reasonable profit and the tariffs of other airlines.2. The tariffs referred to in Article 1 of this Agreement and in paragraph (1) of this Article shall, be agreed by the designated airlines of both Contracting parties after consultation with the other airlines operating over the whole or part of the route, and such agreement shall, wherever possible, be reached by the use of the procedures of the International Air Transport Association for the working out of tariffs.3. The tariffs so agreed shall be submitted for the approval of the aeronautical authorities of both Contracting Parties at least sixty (60) days before the proposed date of their introduction. In special cases, this period may be reduced, subject to the agreement of the said authorities.4. This approval may be given expressly. If neither of the aeronautical authorities has expressed disapproval within thirty (30) days from the date of submission, in accordance with paragraph (3) of this Article, these tariffs shall be considered as approved. In the event of the period for submission being reduced, as provided for in paragraph (3), the aeronautical authorities may agree that the period within which any disapproval must be notified shall be less than thirty (30) days.5. If a tariff cannot be agree in accordance with paragraph (2) of this Article, or one aeronautical authority gives the other aeronautical authority notice of its disapproval of any tariff agreed in accordance with the provisions of paragraph (2), the aeronautical authorities of the Contracting Parties shall endeavour to determine the tariff by mutual agreement.6. If the aeronautical authorities cannot agree on any tariff submitted to them under paragraph (3) of this Article, or on the determination of any tariff under paragraph (5) of this Article, the dispute shall be settled in accordance with the provisions of Article 22 of this Agreement.7. A tariff established in accordance with the provisions of this Article shall remain in force until a new tariff has been established. Nevertheless, a tariff shall not be prolonged by virtue of this paragraph for more than twelve (12) months after the date on which it otherwise would have expired.Article (15)APPROVAL OF FLIGHT SCHEDULES1. Airlines designated by a Contracting Party shall notify to the aeronautical authorities of the other Contracting Party their traffic programmes at least thirty (30) days prior to the beginning of the operation. The programme shall include in particular the timetables, the frequency of the services and the types of aircraft to be used.2. Any alteration made in an air traffic programme at a later date shall also be notified.Article (16)AVIATION SECURITY1. 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. 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 and all other international instruments in the same field which may be ratified in the future by the Contracting States.2. 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 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 Contracting Parties; they shall require that operators of aircraft of their registry or operators of aircraft who have their principal place of business or permanent residence in their territory and the operators of airports in their territory 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 territory of that other Contracting Party.5. 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 positive 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. 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 (17)INFORMATION AND STATISTICSThe aeronautical authorities of either Contracting Party shall supply to the aeronautical authorities of the other Contracting Party, at their request, such periodic or other statements of statistics as may be reasonably required for the purpose of reviewing the capacity provided on air services by the designated airlines of the first Contracting Party. Such Statements shall include all information required to determine the amount of traffic carried by those airlines on air services and the origins and destinations of such traffic.Article (18)CONSULTATION1. 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 Annex thereto.2. Either Contracting Party may request consultation in writing which shall begin within a period of sixty (60) days of the date of receipt of the request, unless both Contracting Parties agree to an extension of this period.Article (19)MODIFICATIONS1. If either of the Contracting Parties considers it desirable to modify any provision of this Agreement, it may request consultation with the other Contracting Party; such consultation, which may be between the aeronautical authorities and which may be through discussion or by correspondence, shall begin within a period of sixty (60) days of the request. Any modifications so agreed shall come into force when they have been confirmed by an exchange of diplomatic notes.2. Modifications to the Annex may be made by direct agreement between the Aeronautical Authorities of the Contracting Parties.Article (20)CONFORMITY WITH MULTILATERAL CONVENTIONSThis Agreement and its Annex will be amended so as to conform with any multilateral convention which may become binding on both Contracting PartiesArticle (21)DENUNCIATIONThis Agreement snail be concluded for an unlimited period. Each Contracting Party may at any time give notice in writing through diplomatic channels to the other Contracting Party of its decision to denounce this Agreement. In such case the Agreement shall terminate twelve (12) months after the date of receipt of the notice by other Contracting Party, unless the notice to denounce is withdrawn by agreement before the expiry of this period. Notice about termination snail be simultaneously communicated to the International Civil Aviation Organization. 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 the receipt of the notice by the International Civil Aviation Organization.Article (22)SETTLEMENT OF DISPUTES1. If any dispute arises between the Contracting Parties relating to the interpretation or application of this Agreement and the Annex thereto, 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 some person or body 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. 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. If either of the Contracting Parties fails to nominate an arbitrator within the period specified, or if the third arbitrator is not appointed within the period specified, the President 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 or shall be a national of a third State and shall act as president of the arbitral tribunal.3. The Contracting Parties undertake to comply with any decision given under paragraph (2) of this Article.4. If and so long as either Contracting Party or the designated airlines of either Contracting Party fails to comply with the decision given under paragraph (3) 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.5. Each Contracting Party shall pay the expenses of the arbitrator it has nominated. The remaining expenses of the arbitral tribunal shall be shared equally by the Contracting Parties.Article (23)TITLESTitles are inserted in this Agreement at the head of each Article for the purpose of reference and convenience only and in no way define, limit, or describe the scope or intent of this Agreement.Article (24)REGISTRATIONThis Agreement shall be registered with the International Civil Aviation Organization.Article (25)ENTRY INTO FORCEThis Agreement shall enter into force on the date of the exchange of instrument of ratification.IN WITNESS whereof, the undersigned, being duly authorized by their respective Governments, have signed this Agreement.DONE at Doha on this 17th day of March 2004 in two originals, in the Arabic, Croatian and English languages, all texts being equally authentic. In the case of divergence of interpretation, the English text shall prevail.
FOR THE GOVERNMENT OFTHE EPUBLIC OF CROATIA
FOR THE GOVERNMENT OFTHE STATE OF QATAR
ANNEX