06 July 2022
07 Thul-Hijjah 1443
عربي
Venue of Signature: Madrid
Date: 26/04/2011
The Government of the State of Qatar and the Government of the Kingdom of Spain (referred to hereinafter as "the Parties"),
Whereas they desire to establish an international aviation system that provides equal opportunities for air transport corporations affiliated to the Parties to operate services that allow them to compete according to the laws and systems of the Parties;
And whereas the Parties desire to increase international air transport opportunities and ensure the highest degree of international air transport safety and security;
And in order to assure the Parties’ concerns regarding aircraft security and the security of people and property, where the Parties are signatories to the Convention on International Civil Aviation signed in Chicago on 7 December
1944
Have agreed as follows:
Article 1
Definitions
For the purposes of implementing and interpreting this Agreement, the following words and expressions shall have the meaning assigned to them unless the context otherwise requires:
a. “The Convention” means the Convention on International Civil Aviation signed in Chicago on 7 December 1944 and any annex according to Article 90 thereof and any amendment to the annexes according to Article 94 thereof, provided that such annexes and amendments have been approved and have become valid for each of the Parties.
b. “Aviation authorities” means, with regard to the State of Qatar, the Chairman of the Board of Directors of the Civil Aviation Authority, and with regard to the Kingdom of Spain, the Ministry of Transport, and the General Administration of Civil Aviation, or in both cases any person or institution entrusted to undertake any function related to this Agreement which is practiced by the aforementioned authorities.
c. “The designated air aviation authority” means the air aviation authority designated by each of the Parties to perform the agreed services in the manner prescribed in the annexes to this Agreement according to Article 3 thereof.
d. “The territory”, “international airline” and “landing for non-commercial purposes” shall have the meanings prescribed in Articles 2 and 96 of the Convention.
e. “The Agreement” means this Agreement, the annexes thereto and any amendments introduced to it.
f. “The prescribed air routes” means the prescribed air routes or the air routes to be prescribed in the annex of this Agreement.
g. “The agreed services” means the international aviation services that could be performed on the prescribed airways according to the provisions of this Agreement.
h. “Tariffs” means the prices determined for the transport of passengers, baggage and goods except mail, and include any substantial additional benefits granted or provided to such transport; commissions paid with regard to ticket sales; transactions of similar goods cargo, the conditions of application of transport prices; and the payment of appropriate commissions.
i. “The capacity” means, with regard to aircraft, the seats and/or shipment capacity available on such aircraft and, with regard to the agreed services, the aircraft capacity used for those services multiplied by the number of flights conducted by such aircraft every season on one route or on one sector of a route.
j. “The citizens” means, with regard to Spain, the citizens of the Member States of the European Union.
Article 2
Implementation of the Chicago Convention
The provisions of this Agreement shall be subject to the provisions of the Convention as long as those provisions were applicable to international aviation transport services.
Article 3
Operating Rights
1. Each Party shall grant the other the rights stipulated in this Agreement in order to establish international aviation services in the manner prescribed in the annex of this Agreement.
2. The air transport corporation designated by each of the Parties shall enjoy the following rights during the performance of the agreed services:
a. Flying over the territory of the other Party without landing.
b. Landing in the said territory for non-commercial purposes.
c. Landing in the said territory at points indicated in the flight schedules attached to this agreement for the purpose of loading and unloading passengers, goods and mail, whether collectively or separately, on regular international routes according to the provisions stated in the annex of this Agreement, from and to the territory of the other Party or from and to the territory of another country.
3. The non-designated air aviation corporations affiliated to either of the Parties shall have the rights described in Article 2 (a) and (b) above.
4. This Agreement shall not grant the designated air aviation corporations affiliated to either of the Parties the right to exclusive control of aviation movement inside the territory of the other Party.
Article 4
Designation and Licensing of Air Transport Corporation
1. Each of the Parties shall have the right to designate any number of air transport corporations in order to perform the agreed services on the prescribed routes. The notification of such designation shall be in writing to the other Party through diplomatic channels. Each Party shall also replace the air transport corporation with another that has been designated in the past, provided that such designation shall specify the purpose of the licensing granted to each of the air transport corporations with regard to the performance of the agreed services.
2. Upon receipt of the designation letter and pursuant to the request of the designated air transport corporation according to the prescribed approach and form, the other Party, based on the provisions of paragraphs 3 and 4 of this Article, shall grant the appropriate operating licenses without delay.
3. The aviation authorities of either Party may request any air transport corporation designated by the other Party to prove that it is qualified to perform the agreed services according to the systems and laws usually and reasonably applied by such authorities to the operation of international airlines according to the provisions of the Convention.
4. The grant of operating licenses described in paragraph 2 of this Article shall require the following:
4.1. In the case of an air transport corporation designated by the State of Qatar:
a. It shall be established inside the territory of the State of Qatar and be licensed according to the laws of the country.
b. The State of Qatar shall maintain actual organizational control over the corporation.
4.2. In the case of an air transport corporation designated by the Kingdom of Spain:
a. It shall be established inside the territory of the Kingdom of Spain according to the Convention establishing the European Community and shall have a valid operating license according to the laws of the European Community.
b. The actual organizational control over the air transport corporation shall be confined to the member country in the European Community responsible for the issuance of an aviation operator certification and the concerned aviation authority shall be clearly identified.
5. The designated and licensed air transport corporation may commence the provision of the agreed services at any time according to the provisions stated in this Agreement.
Article 5
Cancellation or Suspension of Operating Licenses:
1. Each Party shall in the following cases be entitled to cancel the operating license or suspend the rights described in Article 3 above or to impose conditions considered necessary for the practice of such rights:
a. In case of an air transport corporation designated by the State of Qatar:
i. If not established or licensed according to the laws of the State of Qatar.
ii. If the State of Qatar has no actual organizational control over the corporation.
b. In case of an air transport corporation designated by the Kingdom of Spain:
i. If not established inside the territory of the Kingdom of Spain according to the Convention establishing the European Community and it has no valid operating license according to the laws of the European Community.
ii. If the actual organizational control over the air transport corporation is not confined to the member country in the European Community responsible for the issuance of an aviation operator certification or the concerned aviation authority is not clearly identified in the designation notification.
c. In case of the failure of such corporation to adhere to the applicable laws and systems of the Party who granted such rights.
d. In any case, where such corporation has failed to perform the agreed services pursuant to the conditions prescribed in this Agreement.
e. In case the other Party has failed to adhere to or implement the safety and security criteria described in Articles 12 and 13 of this Agreement.
2. Without prejudice to the provisions of Articles 12 and 13, the cancellation, suspension or imposition of conditions under paragraph 1 of this Article may not be carried out except after consultation with the other Party, unless such cancellation, suspension or imposition was necessary and urgent in order to prevent the continued violation of the applicable laws and systems.
Article 6
Exemption from Customs and other Fees
1. Aircraft operating on international routes allocated to the corporation designated by either Party, as well as regular equipment, fuel, lubricants, food, beverages, cigarettes and other supplies on board the aircraft shall be exempted from all customs fees and other fees or taxes upon its arrival in the territory of the other Party provided that such equipment and supplies shall remain onboard until re-exported.
2. The following services shall also be exempted from customs fees and taxes, except similar fees:
a. Aircraft supplies loaded in the territory of either Party within limits prescribed by the authorities of that Party in order to be used onboard the aircraft operating on the international routes of the other Party.
b. Spare parts introduced to the territory of either Party for the purpose of maintaining or repairing the aircraft operating on international routes by the corporations designated by the other Party; and
c. Supplies of fuel and lubricants for the aircraft designated by the other Party and operating on international routes, even where such supplies are used only for part of the journey over the territory of the Party where such supplies were loaded onboard.
d. Tickets, cargo policies and any other printed matter that display the corporation’s logo, official uniform and advertising materials distributed by the air transport corporations free of charge.
Exemptions stated in paragraph 2 a, b and c of this Article shall be granted according to procedures prescribed in valid customs systems.
e. Stationery supplies introduced to the territory of either Party for use in the offices of the corporation designated by the other Party, provided that such supplies shall be disposed of within three (3) years from the date on which they entered the territory. Such disposal shall be in accordance with the laws of each Party.
3. The regular equipment, materials and supplies onboard the aircraft affiliated to either Party in the territory of the other Party may be unloaded only after the approval of the customs authorities of that Party. Such equipment, materials and supplies may be placed under the observation of such authorities until their re-export or disposal according to customs systems.
4. The exemptions stated in this Article shall also be available in the cases where the air transport corporations designated by one of the Parties engage in arrangements with other air transport corporations to transfer the abovementioned equipment, materials and supplies to the territory of the other Party, provided that the other corporation receives the same exemptions from the other Party.
5. Passengers and their baggage in transit in the territory of one of the Parties shall be subject to surveillance procedures according to the valid customs systems. Baggage and goods in direct transit shall be exempted from customs fees and other similar taxes imposed on imports.
Article 7
Airport Fees
The fees and other charges obtained against the use of any airport in either Party’s territory, including the use of equipment, technical facilities and other services, in addition to any fees for the use of air navigation facilities and communications services and facilities, shall be determined according to the rates and tariffs prescribed by each Party according to Article 15 of the Convention, provided that the said fees shall not exceed the fees imposed on either Party’s national aircraft operating on similar international routes for the use of the such airports and services.
Article 8
Tariffs
1. The tariffs charged by the designated air transport corporations affiliated to each of the Parties against international transport services stated in this Agreement shall be determined freely and at reasonable levels, taking into account all relevant factors including the cost of operation, service specifications, user interests, reasonable profit and other market considerations.
2. Each Party may request tariff notification or the deposit of the tariffs with its aviation authorities that would be obtained from and to its territory by the air transport corporations of the other Party. Such tariff notification request or deposit may be conducted not more than 30 days before the date proposed for its enforcement. In certain cases, the notification or deposit may be conducted during a shorter period. One Party shall not request the air transport corporations of the other Party to provide notification or deposit tariffs obtained from passengers on irregular journeys except where such notification could be requested on impartial bases for the purposes of obtaining information.
3. Without prejudice to their applicable competition and consumer protection laws, neither Party may undertake an individual procedure to prevent the implementation of the continuation of a tariff that has been proposed or obtained by a designated air transport corporation affiliated to the other Party for international air transport services provided for according to the provisions of this Agreement. The intervention of the Parties shall be confined to:
a. Preventing unjustifiable discriminatory prices and practices.
b. Protecting the consumer against unreasonably high or exclusive prices caused by abuse of a dominant position.
c. Protecting air transport corporations from apparently reduced prices because of direct or indirect governmental funding or subsidy.
d. Protecting air transport corporations from fabricated prices when the intention to exclude competition is proved.
4. Without prejudice to the provisions stated in paragraph 3 of this Article, the aviation authorities of each Party may expressly approve the tariffs presented by the designated air transport corporations. Where such authorities have found that a tariff falls within the categories referred to in paragraph 3 (a), (b), (c) and (d) above, a notification shall be sent, as soon as possible but not more than 30 days from the date of the tariff deposit or the determination of an objection, to the aviation authority of the other Party and to the designated air transport corporation justifying by argument that the tariff is not acceptable. A consultation according to procedures stipulated in paragraph 5 of this Article may be requested. The tariff shall be considered as approved unless the aviation authorities agree, in writing and in accordance with the abovementioned procedures, not to approve the tariff.
5. The aviation authorities of either Party may request the aviation authorities of the other Party to engage in consultations regarding the tariffs charged by the air transport corporation of the other Party for international transport from and to the territory of the first Party, including tariffs for which a non-acceptance notification has been delivered. Such consultations shall be convened not more than 30 days from the date of receiving the request. The Parties shall cooperate to provide the necessary information that enables a reasonable resolution of the dispute. Where a tariff for which one of the Parties has notified its non-acceptance has been agreed upon, the aviation authorities of the Parties shall exert their best efforts to implement this Agreement. Where mutual agreement has not been reached, the tariff shall be applied or continue to be valid.
6. For the purposes of air transport within the framework of services prescribed according to this Agreement, each of the Parties shall allow the air transport corporations designated by the other Party to obtain similar tariffs to those obtained by any air transport corporation against air services between the same points.
7. The tariff prescribed according to the provisions of this Article shall remain valid until the prescription of a new tariff. The tariff approved without a specified expiration date shall remain valid if no another tariff is deposited or approved until withdrawn by the designated air transport corporation or the Parties agree to terminate its validity.
8. The tariffs applied by the designated air transport corporations for the operations intended to be operated exclusively inside the European Union Member States shall be subject to the appropriate European Union laws prescribed by the European Community.
Article 9
Commercial Opportunities
1. The air transport corporation designated by each of the Parties shall be permitted, on the basis of the reciprocity principle, to open its offices and allow its representatives and technical, operational and commercial teams to enter the territory of the other Party pursuant to the requirements for performing the agreed services.
2. The air transport corporation designated by each of the Parties may rely on its own teams or use the services of any organization, company or air transport corporation working inside the territory of the other Party which is licensed to perform such services in the territory of that Party.
3. The work delegates and teams shall be subject to the other Party’s applicable laws and systems, according to which each of the Parties shall grant, on the basis of the reciprocity principle and with the least amount of delay, the necessary work licenses, visitors entry visas and any other similar documents to the delegates and work teams referred to in paragraph 1 of this Article.
4. Where special circumstances require work teams to enter or remain in the territory on emergency or temporary grounds, the necessary permits, visas and other documents shall be issued according to the applicable laws and systems of each of the Parties without delay.
5. Each of the designated air transport corporations shall provide ground handling services in the territory of the other Party or by contracting to perform, totally or partially as it desires, these services with any of the bodies authorized to provide such services wherever or whenever the systems applied with regard to ground handling services in the territory of one of the Parties prevent or restrict the freedom of contracting to execute such services or to execute them directly. Each of the designated air transport corporations shall be treated equally with regard to its own execution of ground handling services or by contracting with another body or bodies for the execution thereof.
6. The air transport corporation designated by each of the Parties shall be, without discrimination and on the basis of reciprocity with regard to any air transport corporation working in international transport, free to sell air transport services in the territories of the Parties either directly or through an agent and in a currency recognized by the applicable laws of each of the Parties.
7. The air transport corporation affiliated to either Party shall be free to transfer surplus revenues earned in the territory of sale to its home country. This shall include the net transfer and revenues resulting from selling air transport services directly or through an agent, additional or subsidiary services and regular commercial benefits accrued from such revenues during their deposit and till being transferred.
8. Such transfers shall be conducted without prejudice to any financial obligations in the territory of each Party.
9. The air transport corporation designated by each of the Parties shall be granted the appropriate licenses to perform, in a timely manner, in free currency and according to the official exchange rate at the time of submitting the transfer application.
Article 10
Application of National Legislation
1. The national legislation of each Party related to the entry to or departure from its territory of aircraft operating on international routes, or related to the operation of aircraft while present in its territory, shall be applied to aircraft affiliated to the air transport corporation designated by the other Party.
2. The national legislation of each Party related to the entry to or departure from its territory shall be applied to passengers, crew, baggage, mail and goods in transit to its territory. Immigration, customs and quarantine laws shall be applied in that territory to the operations of air transport corporations affiliated to the other Party.
Article 11
Certification and Licenses
1. The valid certifications of airworthiness and capacity and other licenses issued or considered as valid by one of the Parties shall be considered valid by the other Party in order to perform the agreed services stipulated for the specified routes in the annex to this Agreement, provided that the requirements according to which such certifications and licenses have been issued or considered valid shall be equivalent to or above the minimum limit of measures that may be adopted according to the Convention.
2. Each of the Parties shall have the right not to recognize the certifications of airworthiness, capacity and licenses granted to its nationals by the other Party for the purposes of flight or landing on its territory.
Article 12
Aviation Security
1. Each Party may, at any time, request consultation with the other Party regarding the applicable security standards with regard to any aspect related to the aircraft, its crew, and the means of aircraft operation applied by the other Party. Such consultations shall be conducted within thirty (30) days after receiving the request.
2. Where it appears after consultations that one of the Parties is not acting effectively according to the safety standards in any aspect and at levels which are equivalent to the minimum limit of the prescribed standards according to the Convention at that time, the other Party shall notify the first Party of the defects that have been found and of the necessary steps to be followed in order to reach the minimum limit of such prescribed standards, and the other Party shall implement all appropriate procedures to rectify the situation. Failure to do so within fifteen (15) days or an agreed longer period shall constitute a basis for the application of Article 5 of this Agreement.
3. Despite the obligations stated in Article 33 of the Convention, the Parties agree that any aircraft operated by the air transport corporation affiliated to one of the Parties in the air transport services to and from the territory of the other Party, and during its presence in the territory of the other Party, may be subject to inspection by persons authorized by the other Party. The inspection, which shall be entitled “Searching in the Aircraft Parking Apron”, shall be comprehensive and cover the interior and exterior of the aircraft, the crew documents and the general condition of the aircraft and its equipment. The inspection shall, however, not cause any undue delay.
4. Where an inspection is conducted in the Aircraft Parking Apron to verify proof of a serious concern that:
a. The aircraft or its operation is not compatible with the minimum standards prescribed at that time according to the Convention; or
b. There is a deficiency in the effective maintenance of the aircraft and in the application of the prescribed safety measures applied at that time according to the Convention;
the Party who conducted the inspection in execution of Article 33 of the Convention shall be free to determine that the requirements according to which the aircraft or crew certification or licenses have been issued, or to consider such certification or licenses as valid, or that the requirements according to which the aircraft has been operated are not equivalent to or do not exceed the minimum standards prescribed in the Convention.
5. Where a representative of a designated air transport corporation of one of the Parties is prevented from gaining access to an aircraft for the purpose of inspecting it in the Aircraft Parking Apron operated by the air transport corporation according to paragraph 3 of this Article, the other Party may draw the conclusions stated in paragraph 4 of this Article.
6. Each Party shall reserve the right to postpone or amend the operating license of the air transport corporation affiliated to the other Party immediately after the first Party concludes, as a result of an inspection or series of inspections in the Aircraft Parking Apron, or the prevention of such an inspection, that the adoption of an immediate measure to protect the operational safety of the air transport corporation is necessary.
7. Any measure undertaken by one of the Parties according to paragraphs 2 or 6 of this Article shall be suspended upon the termination of the reasons upon which it has been based.
8. Upon the designation by one of the Parties of an air transport corporation that practices its organizational management through a third country, the rights of the other Party according to this Article shall be equally applied with regard to the adoption, practice and maintenance of safety standards by that third country regarding the operating license of such corporation.
Article 13
Security of Aviation
1. In compliance with the rights and obligations prescribed by international law, the Parties affirm that their mutual obligation to protect civil aviation security from illegal intervention shall be considered an integral part of this Agreement. Without restricting the generality of their rights and obligations according to international law, the Parties undertake to work according to 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; the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, signed at Montreal on 23 September 1971; and the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving Civil International Aviation (supplementary to the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation), signed at Montreal on 24 February 1988.
2. The Parties undertake to provide, upon request, all necessary assistance to each other for the purpose of preventing the unlawful seizure of civil aircraft and other unlawful acts against the safety of civil aircraft, passengers, crews, airports and air navigation facilities, as well as any other threats against the security of civil aviation.
3. The Parties shall act in their mutual relationships according to the provisions of aviation security developed by the International Civil Aviation Organization and prescribed in a form of annexes to the Convention as far as such security provisions are applicable to the Parties. The Parties shall oblige operators of aircraft registered in their territory, operators whose headquarters or permanent residence is in their territory, and operators of airports in their territory, to work according to the aviation security provisions stated above.
4. Each Party agrees that it may request the operators of aircraft to consider the abovementioned aviation security provisions when requested by the other Party to enter, depart from or remain in the territory of that Party. Where such aircraft operators depart from or remain in the territory of Qatar, they shall abide by the aviation security provisions according to the European Union law and each Party shall undertake to adopt sufficient measures in its territory and apply them effectively to ensure the safety of aircraft, passengers, crew, loaded materials, baggage, goods and aircraft warehouses before and during boarding or loading of aircraft. Each Party shall deal in a serious manner with any request submitted by the other Party to undertake particular and reasonable security measures to address a particular threat.
5. The Parties shall, upon the occurrence of any incident or threat of unlawful seizure of an aircraft or any other unlawful act against the safety of such aircraft, its passengers and crew, or airports or air navigation facilities, commit to providing assistance to the other Party by facilitating communications and any other appropriate measures in order to terminate such incident or threat immediately and in a peaceful manner.
6. Where either of the Parties has justifiable grounds to believe that the other Party has abandoned the provisions of aviation security stated in this Article, such Party may request the convening of immediate consultations with the other Party.
7. Without prejudice to the provisions of Article 5 of this Agreement, the failure to reach a satisfactory agreement within fifteen (15) days from the date of requesting consultations shall constitute a basis for the suspension, cancellation, restriction or imposition of conditions on operating licenses or technical licenses granted to the air transport corporation affiliated to the Parties.
8. The Parties may adopt, out of necessity, a provisional measure before the expiration of the fifteen (15) days to address any immediate threat.
9. Any measure that has been undertaken according to paragraph 7 of this Article shall be suspended once the other Party became obliged to the provisions of this Article.
Article 14
Principle Governing the Performance of Agreed Services
1. The air transport corporations designated by both Parties shall be given fair and equal opportunities to perform the agreed services on the routes prescribed in this Agreement.
2. The main purpose of the agreed services is to provide the appropriate capacity for the movement of transport between the countries.
3. In the performance of the agreed services, the air transport corporations designated by each of the Parties shall be free to determine the capacity, size and type of the aircraft to be used and the number of flights. Nevertheless, where such aircraft operate to points in a third country by practicing the rights mentioned in item 5 of this Article, the determination of the capacity, size and number of flights available to the air transport corporation designated by each Party shall be by mutual agreement of the civil aviation authorities.
4. The aviation authorities of the other Party shall, upon request, be notified of the number and the schedule of flights related to the performance of the agreed services at least thirty (30) days before the start of operations, or a shorter period as agreed by the aviation authorities of the other Party.
5. In cases where either Party considers that the services performed by an air transport corporation affiliated to the other Party violate the requirements and the rules stated in this Article, the other Party may request consultation according to Article 16 of this Agreement to consider the status of the services in question and to determine any necessary procedure by mutual agreement.
Article 15
Statistics
1. The aviation authority of either Party shall provide the aviation authority of the other Party, upon request, with information and statistics on transport movements by the air transport corporation designated by one of the Parties regarding the agreed services from and to the territory of the other Party in the same manner as they are prepared and delivered by the designated air transport corporation to the aviation authorities to which it affiliates.
2. Any additional statistical data related to transport movement requested by the aviation authorities of one of the Parties from the aviation authorities of the other Party shall be subject to discussion by both such authorities according to a request by either of them.
Article 16
Consultations and Amendments
1. In the spirit of close cooperation, the aviation authorities of both Parties shall convene mutual consultations from time to time in order to ensure the satisfactory implementation of and compliance with the provisions of this Agreement.
2. Where either Party considers the feasibility of amending any provision of this Agreement, such party may request consultation with the other Party, which shall be convened between the aviation authorities and may be conducted by direct discussion or by correspondence and shall commence within sixty (60) days from the date of the request. Any agreed amendments shall be confirmed by the exchange of diplomatic memoranda.
3. Amendments to the annex of this Agreement may be effected by the direct agreement between the competent aviation authorities of both Parties after duly requested consultations, which may be conducted by direct discussion or by correspondence and shall commence within sixty (60) days from the date of the request. Amendments shall be confirmed by the exchange of diplomatic memoranda.
Article 17
Double Taxation Avoidance:
Each of the Parties shall, upon the non-implementation of an agreement that governs the taxation system of the air transport corporations in order to avoid double taxation between the two Parties, exempt the air transport corporation designated by the other Party from all taxes and fees imposed on profits and revenues obtained as a result of the air services operations on the basis of the reciprocity principle without prejudicing the legal obligations stated by the tax laws of each Party.
Article 18
Dispute Settlement
1. Where a dispute arises between the Parties regarding the interpretation or the implementation of this Agreement, the parties shall attempt to settle it by direct negotiations first.
2. Where the Parties fail to reach a settlement through negotiations, they may, upon the request of either, refer the dispute to an arbitration panel composed of three arbitrators, two of which shall be nominated by each Party and the third designated by agreement between them. Each Party shall nominate its arbitrator within sixty (60) days from the date on which either receives a notification through diplomatic channels regarding the request to refer the dispute to an arbitration panel, provided that the third arbitrator shall be appointed within an additional 60 days.
3. Where either Party fails to nominate its arbitrator within the prescribed period, the other may request the chairperson of the International Civil Aviation Organization to appoint an arbitrator as necessary. In this case, the third arbitrator shall be a national of a third country and shall preside over the arbitration panel.
4. The Parties shall be committed to implementing any decision issued by the chairperson of the arbitration panel according to paragraph 2 of this Article.
5. Each of the Parties shall bear the expenses of nominating its arbitrator and his remuneration. The expenses and remuneration of the third arbitrator and the expenses related to the activity of the arbitration panel shall be shared equally between the two Parties.
Article 19
Registration
This Agreement, including any amendments thereto, shall be registered at the International Civil Aviation Authority.
Article 20
Multilateral Conventions
Where either of the Parties enters into a multilateral convention or agreement related to issues organized by this Agreement, the Parties shall, after the entering into force of the later agreement, convene consultations to determine the optimum situation for the amendment of this Agreement in compliance with the provisions of the multilateral convention or agreement.
Article 21
Termination
1. Each of the Parties may, at any time, notify the other in writing through diplomatic channels of its intention to terminate this Agreement, provided that such notification shall also be made to the International Civil Aviation Organization at the same time.
2. In such a case, the implementation of this Agreement shall be terminated following the expiration of twelve (12) months from the date of receiving the notification by the other Party, unless the Parties agree to withdraw the notification prior to the expiration of such period.
3. Where the other Party does not acknowledge receipt of the notification, it shall be considered as received by such Party following the expiration of fourteen (14) days after receipt of such notification by the International Civil Aviation Organization.
Article 22
Entering into Force
This Agreement shall enter into force after each of the Parties provides the other, through the exchange of diplomatic memoranda, with a written notification that all legal requirements applicable to each of them have been satisfied.
IN WITNESS WHEREOF, the undersigned being duly authorized by their respective governments have signed this Agreement.
This Agreement is issued and signed in the city of Madrid on …/…/… of Hijra corresponding to 26/04/2011 of the Georgian Calendar in two original copies of equal authenticity in the Arabic, Spanish and English languages. In case of disagreement/divergence/dispute in the interpretation hereof, the English text shall prevail.
On behalf of the State of Qatar
On behalf of the Kingdom of Spain