The Government of the State of Qatar

And

The Government of the Federal Republic of Austria,

Hereinafter referred to as the “contracting parties”;

Both being signatories to the Convention on International Civil Aviation prepared for signature on the seventh day of December 1944 in Chicago;

In their desire to establish safe and organized air transport services and to develop international cooperation related to such services to the highest possible level;

In their desire to conclude an agreement for the reinforcement and development of regular air flights between the two respective territories and beyond;

Have agreed as follows:

Definitions

For the purposes of this agreement, the following words and expressions shall have the meaning assigned to each, unless the context otherwise requires:

1.     “Convention” means the Convention on International Civil Aviation prepared for signature in Chicago on the seventh day of December 1944, amendments thereof pursuant to Article 90 thereof, and any amendments that may be entered therein or in the appendices thereof based on Articles 90 and 94 thereof, as long as such amendments and appendices are duly ratified by the contracting parties.

2.     “Aviation Authorities” means:

a.     For the government of Qatar: the president of the General Authority for Civil Aviation.

b.     For the government of the Federal Republic of Austria: the Ministry of Transport, Renovation and Technology.

c.      In both cases, any person or organization assigned any of the functions undertaken by the said authorities, or any similar functions.

3.     “Appointed Organization” means the air transport organization to be appointed and licensed in accordance with Article 3 hereof.

4.     “Airline”, “international airline”, “organization of air transport” and “landing for non-trade purposes” carries the meanings assigned to each in Article 96 of the Convention.

5.     “Capacity” means, for agreed services, the permissible load on aircraft utilized in rendering such services against a certain charge, multiplied by the number of flights such aircraft shall undertake during a certain period along a predetermined route or part thereof.

6.     “Agreed Services” means the regular international services on air routes as specified in the appendix of this agreement for the transport of passengers, luggage, goods, cargo and mail.

7.     “Tariff” means prices to be paid for the transport of passengers, luggage, cargo and goods; as well as the conditions to which such prices are subject. This shall cover commissions to be collected as well as fees related to agencies; or the sale of the transport documents, with the exception of charges and conditions pertaining to the transport of mail.

8.     “Utilization charges” means charges and fees to paid for utilizing airports and aviation facilities and other related services to be rendered by one contracting party to the other.

9.     “Territory” carries the meaning assigned to it in Article 2 of the Convention.

10.                      “The specified air route” means the air route as specified in the appendix of this agreement.

11.                     “Appendices” means the appendices of this agreement and the amendments thereto, noting that such appendices are deemed an integral part of this agreement. Any reference to this agreement shall mean a reference to such appendices, unless expressly provided otherwise.

Article 2

Application of the Convention

The provisions hereof are subject to the provisions of the Convention, as long as such provisions are applicable to international air transport services.

Article 3

Granting of Rights

1.     Each contracting party shall grant the other contracting party the rights stated in this agreement for the sake of operating regular international airlines on the routes specified in the air routes schedule.

2.     Pursuant to the provisions of this agreement, the organizations appointed by each contracting party are entitled to the following rights during the operation of the agreed airlines on air routes:

a.     Trans-territory flights without landing.

b.     In-territory landing for non-commercial purposes.

c.      Landing in the territory of the other contracting party on points specified in the annexed tables of air routes, for discharging/taking on passengers, luggage, goods (including mail), collectively or severally.

d.     Nothing in this paragraph 2 shall be construed as providing the right to either of the contracting parties to collect passengers, luggage or goods (including mail) in consideration for charges or fees from one point within the territory of the other contracting party to another point within the same territory.

Article 4

Appointment and Licensing

1.     Each contracting party is entitled to appoint an air transport organization(s) in order to operate the agreed airlines on the specified air routes. Such appointment shall be notified in writing to the other contracting party. The other contracting party shall have the right to withdraw the appointment of any air transport organization or to substitute an appointed air transport organization with another.

2.     Such appointment shall become effective through mutual written notifications between the aviation authorities of each contracting party.

3.     The aviation authority of each contracting party may request the organization appointed by the other party to present evidence of its qualifications to meet the conditions set by the applicable law of such authority on the operation of international airlines, in compliance with the provisions of the Convention.

4.     The aviation authorities of the other contracting party shall, upon receipt of such appointment, grant the appropriate licences and permits with the minimum possible procedural delay, provided that:

a.     An air transport organization appointed by the government of Qatar:

1.     Shall be established within the territory of Qatar and have an operations licence based on the law applicable in Qatar.

2.     Shall be subject to the actual control of Qatar, which shall have the authority to issue an operations licence.

3.     Shall be directly owned or owned by majority share and shall be subject to the actual control of the state of Qatar and/or of a citizen of Qatar.

b.     An air transport organization appointed by the government of the Federal Republic of Austria:

1.     Shall be established within the territory of the Federal Republic of Austria under the European Union Convention, and shall have a valid operations licence under European Union law.

2.     Shall not be subject to the actual control of the European Union member state responsible for issuing an operations licence, and the concerned aviation authority shall be clearly identified in such appointment.

3.     Shall be directly owned or owned by majority share and shall be subject to the actual control of the European Union member state and/or its citizens.

Article 5

Cancellation and Suspension of Operation of Licenses

1.     Each contracting party shall be entitled to cancel an operations licence or to impose restrictions thereon or to grant technical permits to a certain organization of the other contracting party as follows:

a.     In case of an organization appointed by the state of Qatar:

i.       If not established within the territory of the state of Qatar or not holding a valid operations licence under the laws prevailing in Qatar.

ii.     If the state of Qatar does not exercise or continue to exercise actual organizational control over such air transport organization, or in case the state of Qatar does not have the authority to issue an operations license to it.

iii.  If such air transport organization is not directly owned or owned by majority share while actual control thereof is not excluded from the state of Qatar or its citizens.

b.     In case of an organization appointed by the government of the Federal Republic of Austria:

i.       If such organization is not established within the territory of the Federal Republic of Austria under the European Union convention, or does not hold a valid operations licence under European Union law.

ii.     If actual control over the air transport organization is not exercised or continued to be exercised by the European Union member state issuing the operations licence, or if the concerned aviation authority is not clearly identified in the appointment notification.

iii.  If the air transport organization is not directly owned or owned by majority share while actual control thereof is not restricted to European Union member states and/or their citizens.

2.     Reference herein to the citizens of the Federal Republic of Austria includes the citizens of European Union member states.

3.     Any organization licensed under this article may start the operation of the agreed services at any time in accordance with the provisions hereof.

Article 6

Application of Laws and Regulations

1.     The laws and regulations of a contracting party shall be applied to the operation of aircraft by the organizations appointed by the other contracting party during the entry, flight, stay or departure of such aircraft into or from the territory of the first contracting party.

2.     The laws and regulations of one contracting party relating to entry, departure, emigration, customs, health and quarantine shall be applied to passengers, flight crew, cargo and mail transported on aircraft that belong to organizations appointed by the other contracting party during the operation of such aircraft in the said territory.

3.     Each contracting party shall, on request, provide the other contracting party with copies of the aforesaid laws and regulations.

Article 7

Exemption From Customs Duties and Other Charges

1.     Aircraft operating on international lines that belong to the organization(s) appointed by the other contracting party, as well as equipment, fuel supplies, lubricating oils and aircraft supplies (including food, beverages and tobacco) available on board such aircraft, shall be exempted from customs duties, taxes, inspection fees and other charges upon arrival in the territory of the other contracting party, provided that such equipment and supplies remain on board until re-exported.

2.     The following items shall also be exempted from such customs duties and taxes:

a.     Aircraft supplies loaded in the territory of the other contracting party, within the limits to be specified by the competent authorities of the said contracting party, which are intended for use on board the departing aircraft operating on specified air routes in favour of the other contracting party.

b.     Spare parts to be admitted to the territory of either contracting party for purposes of maintaining and repairing aircraft operated on a specified route by organization(s) appointed by the other contracting party.

c.      Fuel and lubricating oil supplies assigned to an aircraft operating on a specified route by the organization (s) on behalf of the other contracting party. This exemption shall be valid even where such supplies are used on part of the flight over the territory of the contracting party wherefrom such supplies have been loaded on board the aircraft.

3.     Items referred to in subparagraphs (a), (b) and (c) above may be requested to be kept under customs supervision or control.

4.     Regular equipment, material and supplies available on board an aircraft that belongs to either contracting party may be landed in the territory of the other contracting party only by consent of the customs authorities of such party. In such case, they may be kept under the control of such authorities until re-exported or otherwise disposed of in accordance with the prevailing customs laws.

5.     Notwithstanding the above, nothing in this agreement shall prevent the Federal Republic of Austria from imposing, on an impartial basis, any taxes, levies, customs duties or charges on fuel supplied in its territory for use on board an aircraft that belongs to an organization appointed by the state of Qatar and which operates between two points within the territory of the Federal Republic of Austria or within the territory of any other member state of the European Union.

Article 8

Usage Charges

1.     Neither contracting party may impose or permit the imposition of any usage charges on the organizations appointed by the other contracting party that are higher than the charges applied to the organizations of the first contracting party that operate on similar international airlines.

2.     Such charges shall not be higher than the charges imposed on aircraft that belong to the organizations appointed by each party operating on similar international lines.

3.     Such charges shall be fair, reasonable and based on sound economic principles.

Article 9

Direct Transit Traffic

Passengers, luggage and cargo, including mail, in direct transit to the territory of one contracting party without exiting the transit area, except for procedures related to security such as anti-violence, air piracy and occasional anti-drug formalities, shall be subject to no more than regular simple control measures. Luggage, goods and mail on direct transit shall be exempted from customs duties and other similar levies.

Article 10

Accreditation of Certificates and Licences

1.     Each contracting party shall recognize the propriety of aviation certificates, qualification certificates and licences issued or accredited in accordance with the laws and regulations of the other contracting party, provided that such credentials are valid for operating the agreed services, and provided that such issued or accredited certificates and licences remain permanently equal to or higher than the approved standards under the Convention.

2.     The provisions of subparagraph 1 above shall also be applied to a transport organization appointed by the Federal Republic of Austria but controlled by another European Union member state.

3.     Notwithstanding the above, each contracting party shall be entitled to decline the accreditation or qualification certificates and licences issued to its citizens or accredited by the other contracting party or by any other state for the purpose of aviation within their respective territory.

Article 11

Trade Representation

1.     Organizations appointed by one contracting party shall be permitted to:

a.     Establish offices in the territory of the other contracting party for the purpose of promoting air transport services and selling air tickets, in addition to other facilities required for the conditions of air transport in accordance with the laws of the other contracting party.

b.     Admit and support administrative, technical, operational and sales staff, as well as other specialized staff required to provide air transport services in the territory of the other contracting party in accordance with the entry, residence and work-related laws of the other contracting party.

c.      Sell air transport services in the territory of the other contracting party in accordance with the prevailing law of such other contracting party.

2.     The competent entities of each contracting party shall be committed to implement all necessary measures in order to enable the representatives of organizations appointed by the other contracting party to engage in their usual business under normal conditions.

Article 12

Trading Activities

1.     The organizations appointed by each contracting party shall be entitled to sell air transport services in the territory of the other contracting party, and all persons shall be free to buy such services in the currency of the territory of such party or in any hard currency of other states in accordance with the prevailing currency exchange laws.

2.     The provisions of this article shall apply to all organizations appointed by both contracting parties.

Article 13

Exchange and Transfer of Revenues

Either contracting party shall grant the organizations appointed by the other contracting party the right of free and instant transfer, based on official rates of exchange, of excess revenues generated from the transport of passengers, luggage and mail on the agreed lines within the territory of the other contracting party.

Article 14

Principles Governing the Operation of Agreed Lines

1.     Either contracting party shall provide fair and equal opportunities to the organizations appointed by the other contracting party to compete for the rendering of international air transport services in accordance with the provisions hereof.

2.     Either contracting party shall permit each appointed organization to determine the number and capacity of international air transport services such organization shall make available, based on prevailing market considerations. Consistent with this right, neither contracting party shall unilaterally impose any restrictions on the volume of traffic, flights, regularity of service, or types of aircraft to be operated by the organizations appointed by the other contracting party, except for customs, technical, operational or environmental requirements under the standard terms in compliance with Article 15 of the Convention.

3.     The aviation authorities of one contracting party may request the organizations appointed by the other contracting party to submit their flight schedules for approval within at least thirty (30) days before the implementation of such schedules. The same condition shall be applied to any amendments to such schedules. In certain cases the notice period may be reduced by agreement with the aforesaid authorities.

Article 15

Air Safety

1.     Either contracting party may request consultation at any time on the safety criteria applicable to the aircraft, aircraft crew, or technical operations of the other contracting party. Such consultation shall be undertaken within thirty (30) days of the said request.

2.     Where it becomes evident to a contracting party, following such consultation, that the other contracting party is not operating efficiently in accordance with the safety criteria at levels that meet at least the minimum requirements of safety standards designated by the Convention, the first contracting party shall notify the other contracting party in writing of such defectsor deficiencies, indicating the necessary measures to be taken to meet the minimum requirements. The other contracting party shall undertake the necessary remedial measures in order to rectify the status. Where the other contracting party fails to rectify the status within fifteen (15) days, or within any longer notice period to be agreed upon, such failure shall constitute grounds for cancelling, suspending or amending the operations licence in accordance with Article 5 hereof.

3.     Despite the obligations designated in Article 33 of the Convention, the contracting parties have agreed that any aircraft operated by an organization appointed by either contracting party in air transport services from or to the territory of the other contracting party, while such aircraft is located in the territory of the other contracting party, may be inspected by persons authorized by such other party. Such inspection shall thoroughly cover the interior and exterior of the aircraft, the validity of its documents and crew, and its general condition. Such inspection shall be called “inspection in aircraft landing yard”, provided that such inspection shall not result in an unjustified delay.

4.     Where the inspection process reveals substantial danger such as:

a.     That the aircraft or its operation fail to meet the minimum designated safety criteria under the Convention; or

b.     That the maintenance of such aircraft and the application of the designated safety criteria are deficient;

The contracting party that has undertaken the inspection process in accordance with Article 33 of the Convention shall be free to decide that the requirements on which the certificates and licences of such aircraft and its crew are based do not meet the minimum designated safety criteria under the Convention, or to consider that such certificates and licences are invalid.

5.     Where the representative of an appointed organization(s) of one contracting party declines the inspection of an aircraft at the aircraft landing yard operated by an appointed organization or its delegate in accordance with subparagraph 3 of this article, the other contracting party may draw an inference in terms of Article 4 hereof and decide thereon as provided for therein.

6.     Where one contracting party concludes as a result of(a) an inspection in the aircraft landing yard; or (b)a series of inspections in the aircraft yard; or (c) such an inspection has been declined; or (d) consultations or otherwise, that it is necessary to ensure and protect the safe and proper operation of an appointed organization(s), the other contracting party may immediately suspend or amend the operations licence of the organization(s) appointed by the first contracting party.

7.     Any action taken by either contracting party under subparagraphs (2) and (6) of this article shall be stopped as soon as its initial justification cease to exist.

8.     Where the Federal Republic of Austria appoints an air transport organization under the continued organizational control of a European Union member state, the rights of the other contracting party under this article shall be equally applied as to the ratification, exercise or maintenance of the safety criteria by such European Union member state with respect to the operations licence of such organization.

Article 16

Security

1.     In conformity with their respective designated rights and obligations under international law, the contracting parties confirm that the respective commitment of each party to the security of civil aviation against illegal interference constitutes an inseparable part of this agreement.

2.     In particular, the contracting parties undertake to abide by the provisions of the following:

a.     Convention on Offences and Certain Other Acts Committed On Board Aircraft, signed in Tokyo on 14 September 1963.

b.     Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on 16 December 1970.

c.      Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed in Montreal on 23 September 1971.

d.     Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, signed in Montreal on 24 February 1988.

e.      Convention on the Marking of Plastic Explosives for the Purpose of Detection, signed in Montreal on 1 March 1991.

f.       Any other multi-party agreement governing the security of aviation which may be binding on the contracting parties.

3.     In their mutual relations, the contracting parties shall operate in accordance with the provisions of civil aviation security as established by the Convention and specified in the annexes thereto, as long as such security provisions are applicable to the contracting parties. Such provisions shall obligate (a) registered aircraft operators having their principal place of business or permanent domicile within the respective territories of the contracting parties;(b) for the Federal Republic of Austria, licenced aircraft operators conducting business within the respective territories of the contracting parties under the European Union convention under valid operations licences in accordance with the law of the European Union; (c) airport operators in the respective territories of the contracting parties, to operate in accordance with the aforesaid provisions of aviation security.

4.     The contracting parties undertake to provide, on request by either party, all necessary assistance in order to prevent illegal acts against the safety of aircraft, passengers, crew, airports and aviation facilities, in addition to any other threats to the safety of civil aviation.

5.     Each contracting party has agreed to request respective aircraft operators to observe the provisions of aviation security related to the entry, stay or departure of aircraft in or from the territory of the other contracting party, all of which shall be in accordance with the prevailing law of the state, including, in the case of the Federal Republic of Austria, the law of the European Union.

6.     Each contracting party undertakes to implement sufficient measures in their respective territory in order to confirm the protection of aircraft and the inspection of passengers, aircraft crew, loaded material, cargo, goods and fuel tanks before and during loading and check-in procedures.

7.     Each contracting party shall seriously consider any request by the other contracting party to take any reasonable special security measures to address a specific threat.

8.     Where an incident or threat of illegal aggression occurs on a civilian aircraft, or any other illegal act should occur, that endangers the safety of the aircraft, its passengers and crew, or the airport or aviation facilities, each contracting party undertakes to provide assistance to the other party through facilitation of communication, or through any other proper arrangements, that could lead to the immediate peaceful settlement of the incident or threat.

9.     Where either contracting party reasonably believes that the other contracting party has deviated from the provisions of aviation security contained herein, the civil aviation authorities of such party may request immediate consultations with the civil aviation authorities of the other contracting party. Where a satisfactory settlement is not reached within one (1) month from the date of such request, this shall constitute grounds for the cancellation, suspension or amendment of the operations licence under Article 5 hereof. In the case of an emergency, either contracting party may implement a temporary measure before the lapse of the one-month period.

Article 17

Statistical Information

The aviation authorities of either contracting party shall, on request, provide the aviation authorities of the other party with such statistics as may be reasonably requested for review, in accordance with the prevailing laws and regulations of each contracting party.

Article 18

Tariffs

1.     Tariffs earned by the appointed organization of either contracting party for air transport services from and to the territory of the other contracting party shall be determined at reasonable rates, taking into account factors such as operating costs, reasonable profit, and the rates of other air transport service providers.

2.     Without prejudice to the general law on competition and consumer of either contracting party, neither shall unilaterally take any steps which might prevent the start or continuity of a prevailing tariff proposed to be earned or actually earned by the appointed organization of the other contracting party in consideration of the air transport services provided herein. Interference by the aviation authorities shall particularly be excluded from the following:

a.     Prevention of tariffs and practices that involve unjustified discrimination.

b.     Protecting consumers against unreasonably high and excluded tariffs, due to poor conditions or to practices among the air transport organizations.

c.      Protecting the appointed organizations against artificially low tariffs intended to abolish competition

3.     Tariffs shall be presented to the aviation authorities of the contracting parties for approval at least thirty (30) days before the proposed date of application. This notice period may be reduced in some special cases by agreement of the aforesaid aviation authorities.

4.     Tariffs shall be expressly approved if not objected to by either of the aviation authorities within fifteen (15) days of the date of presenting thereof in accordance with subparagraphs 2 and 3 above.

5.     Where the aviation authorities of one contracting party notifies the aviation authorities of the other contracting party of its objection to the tariff within the period stipulated in subparagraph 4 above, the aviation authorities of the contracting parties shall exert all possible efforts to determine such tariff through mutual agreement.

6.     Where the aviation authorities have not reached agreement on any tariff presented thereto in accordance with subparagraph 3 above, or in case of an inability to determine any tariff under subparagraph 5 above, the related dispute shall be settled in accordance with the provisions of Article 21 of this agreement.

7.     The tariff agreed upon in accordance with the provisions of this article shall remain valid until a new tariff has been concluded. Any approved tariff whose expiration date has not been determined shall, where no other tariff is submitted or approved, remain valid until such tariff is withdrawn by the appointed organization.

8.     In observance of the provisions hereof, the tariff earned by the organization(s) appointed by the state of Qatar for air transport services exclusively within the European Union shall be subject to the law of the European Union.

Article 19

Consultations

1.     The aviation authorities of each contracting party, upon the request of either contracting party, shall undertake consultations with one another from time to time in order to confirm the existence of close cooperation in all matters related to the interpretation and application of this agreement.

2.     Such consultations shall start within sixty (60) days from the date on which either contracting party receives the request for such consultations.

Article 20

Settlement of Disputes

1.     Where any dispute arises between the contracting parties with respect to the interpretation or application of this agreement, they shall attempt to settle such dispute first through negotiations.

2.     Where the contracting parties fail to reach an agreement through negotiations, they may refer such dispute to any individual or panel for resolution. Where no agreement is reached, such dispute shall be referred, upon request by either contracting party, to an arbitration panel comprising three arbitrators. Each contracting party shall nominate one arbitrator, and both nominated arbitrators shall agree on the appointment of the third arbitrator. Each contracting party shall nominate their respective arbitrator within sixty (60) days of receiving notification from the other contracting party, through diplomatic channels, requesting referral of such dispute to an arbitration panel for settlement. The third arbitrator shall be appointed within a further sixty (60) day period. Where either contracting party fails to appoint its respective arbitrator within the specified period of notice, or where the third arbitrator is not appointed within the specified period, the president of the International Civil Defense Organization, upon request by either contracting party, may appoint an arbitrator or arbitrators, as necessary, in which case the third arbitrator shall be from a third state and he shall preside over the arbitration panel.

3.     Each contracting party shall bear the costs incurred in the appointment of its own arbitrator, in addition to the costs of his representation before the panel. The contracting parties shall bear in equal shares the costs related to the president of the panel, as well as any other expenses.

4.     The contracting parties shall be committed to implement any award issued by the arbitration panel.

Article 21

Amendments

1.     Where either contracting party deems it feasible to amend any of the provisions of this agreement, such contracting party may undertake consultations with the other contracting party at any time to that effect. Such consultations, which may be conducted between the civil aviation authorities, may start within sixty (60) days the date of such request, unless the two parties agree on a longer period.

2.     Each contracting party shall endorse the agreed amendments, which shall be enforced on the first day of the month following the date on which each contracting party has notified the other, through diplomatic channels, to the effect that the requirements of enforcement of the same under the respective legal formalities have been fulfilled.

3.     Amendments to be made in the appendix to this agreement shall be agreed upon between the competent authorities of the contracting parties. Such amendment shall be enforced on the first day of the month following the date on which each contracting party has notified the other contracting party, through diplomatic channels, to the effect that the requirements of enforcement of the same under the respective legal formalities have been fulfilled.

Article 22

Termination

1.     Either contracting party may at any time notify the other contracting party in writing, through diplomatic channels, of such party’s decision to terminate this agreement, provided that such notice shall be simultaneously served on the International Civil Aviation Organization.

2.     In such case, operation of this agreement shall terminate upon the expiration of twelve (12) months from the date on which the other contracting party receives such notice of termination, unless it is agreed to withdraw such notice before the expiration of such notice period. Where the other contracting party has not acknowledged receipt of such notice, such party shall be deemed to have received the notice upon the lapse of fourteen (14) days from the date on which the International Civil Aviation Organization received such notice.

Article 23

Registration at the International Civil Aviation Organization

This agreement and any amendments thereto shall be registered at the International Civil Aviation Organization by the state in which the agreement is signed.

Article 24

Consistency with Multi-Party Agreement

Where an air transport convention or a multi-party agreement has entered into force between the contracting parties, this agreement and the amendments thereto shall be deemed amended.

Article 25

Enforcement of Agreement

This agreement shall come into force on the first day of the month following the date on which the two contracting parties have notified each another, through diplomatic channels, to the effect that the requirements of enforcement of the same under the respective legal formalities have been fulfilled.

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 Vienna on 30.12.2010. The Arabic, German and English versions are equally authentic. In case of disagreement/divergence/dispute in the interpretation hereof, the English text shall prevail.

For the government of                                     For the government of

The state of Qatar                                  The Federal Republic of Austria