24 September 2023
09 Rabee' Al-Awwal 1445
عربي
The Government of the State of Qatar,
And the Republic of Macedonia,
(Hereinafter the contracting parties)
Desiring to develop an international aviation system based on competition among airlines in the business market and with a minimum limit of government intervention and restriction,
Desiring also to facilitate and widen opportunities for international air services, and
Recognizing that international air service competence and competitiveness enhance and boost business activity, the interests of consumers and economic growth, and
Desiring to empower the airlines to provide competitive fares and rates for travel, cargo and other services in the open market, and
Desiring to ensure the highest level of safety and security in international air services, and in confirmation of their great interest in preventing acts or threats against the security of aircraft, personnel and property which negatively affect the operation of air transport services and weaken public confidence in the safety of civil aviation, and
Since they are parties to the International Civil Aviation Treaty prepared for signature in Chicago on the 7 December 1944,
They agree hereunder as follows:
Article 1
Definitions
For the purpose of interpreting and applying the text hereof and its addendum, the following words and expressions shall bear the meanings assigned to them, unless the context requires otherwise:
a- “Treaty” shall mean the International Civil Aviation Treaty prepared for signature in Chicago on the 7 December 1944, and shall include any addendum approved in accordance with Article (90) thereof or any amendment made to the addendums or the treaty in accordance with Articles (90) and (94) thereof, provided that such addendums and amendments have become effective to each of the contracting parties.
b- “Agreement” shall mean this agreement, its addendums and any similar protocol or documents whereby this agreement or its addendums shall be amended.
c- “Aviation Authorities” shall mean, with regard to the Government of the State of Qatar, the Chairman of the General Authority for Civil Aviation, and with regard to the Republic of Macedonia, the Civil Aviation Agency, or in both cases, any person or corporation assigned to exercise the functions of the abovementioned Authorities.
d- “Concerned Air Transport Corporations” shall mean one or more air transport corporations appointed by either contracting party in accordance with Article (6) hereof to operate the air services agreed upon.
e- “Air services agreed upon” shall mean the air services on the air routes specified for transporting passengers, goods and post, collectively or individually.
f- “Airline”, “international airline”, “air transport corporation”, and “landing for non-commercial purposes” shall all take the meanings assigned to them respectively in Article (96) of the treaty.
g- “Territory” shall mean, with respect to the State, the meaning assigned to it in Article (2) of the treaty.
h- “Tariff” shall mean the prices to be paid for transporting passengers, luggage and goods and the conditions to which these prices shall be subject, and shall include commission fees, wages and other additional wages related to the agency, or the selling of transport documents with the exception of wages and post transport conditions.
i- “Usage fees” shall mean the prices to be paid against the usage of airports and aviation facilities and other related services provided by one of the contracting parties to the other.
j- The addendum shall be considered an integral part hereof, and each reference hereto shall include the addendum unless expressly stated otherwise.
Article 2
Application of Chicago Treaty
The provisions hereof shall be subject to the provisions of the treaty, provided that such provisions are applicable to International air transport services.
Article 3
Granting of Rights
1- Each party shall grant the other the rights mentioned herein for the purpose of operating international air services on the routes specified in the attached schedule, and such services and air routes shall be hereinafter referred to as “the services agreed upon” and “the specified routes”, respectively.
2- In accordance with the provisions hereof, the air transport corporations appointed by each contracting party shall, during their operation of international air services, enjoy the following rights:
a- Flight across the territory of the other contracting party without landing.
b- Landing in the said territory for non-commercial purpose.
c- Boarding and disembarkation of passengers, and unloading of goods, luggage and post in the said territory at the points specified in the addendum hereof, destined to or coming from points in the territory of the other party.
d- Boarding and disembarkation of passengers, and unloading of goods, luggage and post in territories of third countries at the points specified in the addendum hereof, destined to or coming from points in the territory of the other party.
3- Nothing in the provisions hereof shall grant the air transport corporations affiliated to either of the contracting parties the right to take on, for reward, passengers, luggage, goods or post from one point within the territory of the other contracting party to another point within the same territory.
4- Where an air transport corporation appointed by one of the contracting parties is unable to operate its services on its regular routes due to armed conflict or political turmoil or special and extraordinary circumstances, the other contracting party shall exert the best possible efforts to facilitate the continued operation of such services through arrangements appropriate to those air routes, including the granting of any rights as may be required to facilitate such continued operation.
Article 4
Exercise of Rights
1- The appointed air transport corporation shall enjoy fair and equal opportunity to compete in the provision of services agreed upon set forth herein.
2- Neither contracting party shall have the right to restrict any of the appointed air transport corporations in the movement of international transport between the two territories of the contracting parties or between the territory of one contracting party and that of a third country.
3- Each contracting party shall allow the appointed air transport corporations to decide on the number of flights and the capacity of the international air services they provide according to the commercial considerations in the business market, and in conformity with this right. Neither contracting party shall have the right unilaterally to restrict the size of the movement and the number of flights and terminals or the service regularity or any type or types of aircrafts operated by the air transport corporations appointed by the other contracting party, except as required by customs or technical or operational or environmental reasons under unified requirements in accordance with Article (15) of the treaty.
Article 5
Application of Laws and Regulations
1- The laws and regulations of each contracting party related to the entry to or exit from its territory shall apply to an aircraft operating international flights or to such aircraft during its presence in contracting party’s territory, and shall also apply to the aircraft used by the air transport corporations appointed by the other party.
2- The laws and regulations applicable to the territory of one contracting party shall be observed by the other upon entry to and departure from such territory, as well as the laws and regulations related to passengers, aircraft crew or goods present on board aircraft entering or departing from its territory, including the regulations related to entry, clearance, immigration, passport control, customs, quarantine or, in the case of post, laws related thereto.
3- Neither contracting party may grant any preference to the air transport corporations affiliated to it that exceeds the preference granted to the air transport corporations appointed by the other contracting party upon the application of the laws and regulations provided for herein.
Article 6
Appointment and Licensing of Operation
1- Each contracting party shall have the right to appoint one or more air transport corporations to operate the services agreed upon. Such appointment shall be effective by the exchange of a written notice between the aviation authorities of each contracting party.
2- Upon receipt of the appointment notice in accordance with the provisions of clauses (3) and (4) herein, the aviation authorities shall grant without delay the necessary operating licenses to the air transport corporations appointed by the each contracting party.
3- The aviation authorities affiliated to either contracting party may request the appointed air transport corporations to confirm their competence in meeting the terms specified under the laws and regulations usually applicable to the operation of international air services by the abovementioned authorities as per the provisions of the treaty.
4- Each contracting party shall have the right to withhold the operating license referred to in clause (2) of this Article, or to impose any conditions it deems necessary for the exercise of the rights provided for in Article 3 herein, in the event of non- confirmation by one contracting party of evidence that the headquarters of the main business of the air transport corporation is located in the territory of the contracting party that appointed such air transport corporation and that it holds an air operator certificate issued by such contracting party.
5- The appointed air transport corporations shall have the right to commence the operation of the services agreed upon at any time following their receipt of the operating license provided for in clause (2) of this Article.
Article 7
Cancellation and Suspension of Operating License
Each contracting party shall have the right to cancel or suspend or restrict the operating license related to the exercise of the rights specified in Article (3) herein by the air transport corporations appointed by the other contracting party, or to impose any term it deems necessary for the exercise of these rights in the following cases:
a- Where it has no evidence to confirm that the headquarters of the main business of the air transport corporations is located in the territory of the contracting party that appointed it and that it holds a valid air operator certificate issued by the contracting party, or
b- Where the air transport corporations failed to operate the air services agreed upon in accordance with the terms provided for herein.
The rights provided for in this Article shall only be exercisable following consultation with the other contracting party, unless it shall be necessary to take immediate steps to prevent the continued violation of the laws and regulations.
c- Where it has no evidence to confirm that the headquarters of the main business of the air transport corporations is located in the territory of the contracting party that appointed it and that it holds a valid air operator certificate issued by the contracting party, or
d- Where the air transport corporations failed to operate the air services agreed upon in accordance with the terms provided for herein.
Article 8
Aviation Security
1- In compliance with their rights and obligations under international law, the contracting parties confirm that the obligation by each of them to protect the security of civil aviation from any illegal act shall be considered an integral part hereof, and without restricting the generality of the their rights and obligations under international law, the contracting parties undertake to comply with the provisions herein related to crimes and other acts committed on board aircraft, signed in Tokyo on 14 September 1963, and the agreement on the suppression of illegal seizure of aircraft, signed at the Hague Convention on 16 December 1970, and the agreement on the suppression of crimes of assault on civil aviation safety, signed in Montreal on 23 September 1971, and its complementary protocol related to the suppression of illegal acts of violence at airports serving internal civil aviation, signed in Montreal on 24 February 1988, in addition to any other treaty and protocol related to the security of civil aviation that shall be binding on the contracting parties.
2- The contracting parties undertake to provide on request all necessary assistance to each other for the purpose of preventing the illegal seizure of civilian aircraft and other illegal acts against the safety of such aircraft, their crew and passengers, and the safety of airports and aviation facilities, and any other threats against civil aviation.
3- The contracting parties shall work within a framework of mutual relationships in accordance with the provisions of aviation security set forth by the International Civil Aviation Organization (ICAO) and specified in addendum copies to the treaty, provided that those provisions are applicable to the contracting parties and to the aircraft registered with them, and to the aircraft operators whose principal place of business or place of permanent residence is in the contracting parties’ territories, and to the operators of airports located in such territories.
4- Each of the contracting parties agrees to request the aircraft operators to observe the aviation security regulations referred to in clause (3) of this Article, that the other contracting party demand to enter to or depart or during the presence within the territory of that contracting party. Each party undertakes to implement effective arrangements in its territory to ensure the protection of aircraft and the inspection of passengers, crew, cargo and luggage on the aircraft prior to or during the process of boarding or loading, and each contracting party shall seriously consider any request submitted to it by the other contracting party to take special and reasonable security measures to confront any threat to aviation security.
5- Upon the occurrence of an accident, or a threat of illegal seizure of a civilian aircraft, or any other illegal act against the safety of passengers, crew, aircraft and airports or aviation facilities, each of the contracting parties undertakes to provide assistance to the other through facilitation of communications and any other appropriate arrangements aimed at ending the abovementioned accident or threat immediately and peacefully.
6- Where one of the contracting parties reasonably believes that the other has deviated from the provisions relating to aviation security provided for in this Article, the aviation authorities affiliated to that contracting party may request immediate consultations with the aviation authorities affiliated to the other contracting party. Where no consensus is reached within fifteen (15) days from the date of that request, the operating license and technical permits granted to the air transport corporations affiliated to that contracting party may be suspended or cancelled or restricted, and any party may take temporary action in cases of emergency prior to the expiry of the fifteen (15) day period.
Article 9
Air Safety
1- Each contracting party shall, for the purpose of operating the air services agreed upon and stated herein, recognize the validation of airworthiness certificates, and certificates of competence and licenses issued and approved by the other contracting party that are still valid, provided that the requirements related to such certificates or licenses shall be equal at least to the standards approved under the treaty.
2- Notwithstanding the above, each contracting party may refuse to recognize the validation of the competence certificates and the licenses granted to its citizens or approved by the other contracting party or by any third country for the purpose of aviation over its territory. Where the privileges or terms of the licenses or certificates referred to in clause (1) of this Article, issued by the aviation authorities affiliated to one of the other contracting parties, granted to any person or a certain air transport corporation or related to an aircraft operating the services agreed upon on the specified air routes, allow the variation of the standards approved under the treaty, and such variation has been lodged with the International Civil Aviation Organization, the aviation authorities affiliated to the other contracting party may request consultations with the aviation authorities affiliated to the other contracting party in accordance with the provisions of Article 17 herein, with the aim of reaching agreement that this exercise is acceptable to them. Where such agreement is not reached, Article 7 herein shall apply.
3- Each of the contracting parties may request consultations at any time on the safety standards applicable to the aircraft, crew and operating methods of the other contracting party, and such consultations shall be carried out within thirty (30) days from the date of such request.
4- Where it appears to one of the contracting parties following such consultations that the other contracting party does not comply with the minimum safety standards prescribed by the treaty, the first contracting party shall notify the other contracting party thereof and the steps necessary to be followed in complying with such minimum safety standards, and the other contracting party shall adopt all necessary procedures to comply therewith. Where such contracting party fails to adopt all such necessary procedures within fifteen (15) days, or within a longer period to be agreed upon, Article (7) herein shall apply.
5- Notwithstanding the obligations provided for in Article (33) of the treaty, the contracting parties hereby agree that any aircraft operated under a lease agreement on behalf of the air transport corporations appointed by one of the contracting parties for services to or from the territory of the other contracting party, and while such aircraft is in the territory of the other contracting party, such aircraft may be examined by the authorized representatives of the other contracting party, and such examination shall include the interior and exterior of the aircraft, the validity of the aircraft documents and those of its crew, and the general condition of the aircraft and its equipment. Such examination shall be entitled “the inspection at the aircraft parking apron” and shall not cause unjustifiable delay in the scheduled operations of the aircraft.
6- Where the inspection or a series of inspections at the aircraft parking apron confirm either that:
a- The aircraft or its operation does not conform with the minimum standards specified at that time under the treaty, or
b- A defect exists in the active maintenance processes and the application of the prescribed safety standards at that time under the treaty,
the contracting party that carried out the inspection in accordance with the provisions of Article (33) of the treaty shall be free to decide that the requirement whereby the certificates or licenses of the aircraft or its crew have been issued, or the approval of such certificates or licenses or the requirements whereby the aircraft has been operated, do not equal nor exceed the minimum standards prescribed by the treaty.
7- Where the representative of the air transport corporation appointed by one of the contracting parties refuses to examine the aircraft operated by that corporation at the aircraft parking apron in accordance with clause (5) of this Article, the other contracting party may arrive at a conclusion that confirms the provisions of clause (6) of this Article.
8- Each contracting party reserves the right to suspend or amend immediately the operating license of the air transport corporations appointed by the other contracting party in the event that the first contracting party has concluded, whether as a result of one or more inspections of the aircraft at the aircraft parking apron, or through consultation or otherwise, that the taking of immediate action to protect the safety of the operation of the air transport corporation is necessary.
9- Any procedure taken by one of the contracting parties shall be terminated in accordance with clauses (4) or (8) of this Article as soon as the reasons upon which such procedure was based have ceased to exist.
Article 10
Exemption from Customs Duties and Taxes
1- Aircraft operating international air services for the air transport corporations appointed by one of the contracting parties, in addition to normal equipment, fuel, lubricants and other supplies (including foods, beverages and tobacco) carried on such aircraft, shall be exempted from all customs duties or taxes upon their arrival in the territory of the other contracting party, provided that such equipment and supplies remain on board the aircraft until their re-exportation.
2- The following items shall also be exempted from customs duties and taxes, except the fees related to the cost of the services provided:-
a- Supplies to be loaded on board the aircraft in the territory of the contracting party within the limits to be specified by its authorities and for the purpose of being used on board the aircraft operating international air services in favour of the air transport corporations appointed by the other contracting party.
b- Spare parts (including engines) and normal equipment carried on board the aircraft entering the territory of one of the contracting parties for the purposes of renovation, maintenance or repair of the aircraft affiliated to the air transport corporations appointed by the other contracting party.
c- Fuel, lubricants and technical consumables entering or supplied in the territory of one of the contracting parties for use in any aircraft affiliated to the air transport corporations appointed by the other contracting party. This exemption shall apply even where the use of these supplies occurs during a flight over the territory of the contracting party in which they were loaded on board the aircraft.
d- Necessary documents used by the air transport corporations appointed by one of the contracting parties, including transport documents, loading policies and advertising materials, as well as uniforms and motor vehicles, materials and equipment that may be used by the air transport corporations appointed for commercial purposes and operating within the airport area, provided that these materials and equipment are used in transporting passengers and goods.
Article 14
Tariffs
1- Each contracting party may request a notice or lodging of tariffs of the international air services operated in accordance herewith at the aviation authorities affiliated to that contracting party.
2- Without limiting the use of the general laws of each of the contracting parties regarding commercial competition and consumer protection, the intervention by the contracting party shall be restricted to the following:-
a- The prevention of tariffs that include discrimination or unjustifiable practices.
b- The protection of consumers from unreasonably high or exclusive tariffs due either to the exploitation of the prevailing situation or practices arranged among the air transport corporations.
c- The protection of the air transport corporations from low or false tariffs due to funding or direct or indirect subsidy.
3- No contracting party shall have the right unilaterally to prevent the commencement or continuation of a tariff suggested to be received by the air transport corporations appointed by either of the contracting parties against international air transport services between their two territories. Where either contracting party believes that a tariff contravenes the provisions of this article, such party shall request consultation and notify the other contracting party of the potential reasons behind its dissatisfaction within fourteen (14) days from the date of such notice. Such consultations shall be carried out within a period not exceeding fourteen (14) days after receiving the request, and the tariff shall be effective or continue to be effective without a joint agreement.
Article 15
Lodging of Flight Schedules
1- The appointed air transport corporation shall lodge the flight schedule, including the type of aircraft to be used and its operational capacity, with the aviation authorities affiliated to the other contracting party for approval on a date not exceeding thirty (30) days prior to the commencement of the services agreed upon, and the same procedure shall be applicable to any amendments to the flights schedule.
2- The air transport corporations appointed by one of the contracting parties that desire to operate additional flights on the agreed services not listed in the approved flights schedule shall request prior permission from the aviation authorities affiliated to the other contracting party, provided that such request shall be lodged at least three (3) days before operating such flights.
Article 16
Provision of Statistical information
The aviation authorities in each of the contracting parties shall, upon request, provide each other with the regular statistics or other similar information relating to traffic on certain routes.
Article 17
Consultations
Either contracting party may, at any time, request consultations relating to the execution, interpretation, application and amendment hereof. Such consultation, which may be held between the aviation authorities at the earliest possible, shall commence within a period not exceeding sixty (60) days from receipt by the other contracting party of a written request to that effect, unless otherwise agreed by the contracting parties, and each contracting party shall prepare and present evidence in support of its position during the consultations to facilitate the taking of calculated, reasonable and economic decisions.
Article 18
Settlement of Disputes
1- Any dispute arising from this agreement which cannot be settled through direct negotiations or diplomatic channels shall be referred to an arbitration body upon the request of either contracting party.
2- In such event, each contracting party shall appoint an arbitrator, and the two arbitrators shall appoint a chairman from citizens of a third country. Where a contracting party has not appointed an arbitrator after two months from the date of such appointment by the other contracting party, or the two arbitrators fail to agree on the appointment of a chairman after two months from the date of appointment of the second arbitrator, either contracting party may request the chairman of the board of directors of the International Civil Aviation Organization to make the required appointments.
3- The arbitration panel shall decide on its special procedures, and each contracting party shall bear the costs of its appointed arbitrator and the costs of its representation in the arbitration proceedings, and the two contracting parties shall bear the costs of the chairman and any other costs equally.
Article 19
Amendments
1- Where the contracting parties believe that it is feasible to amend any provisions hereof, such amendment shall be effective upon notification by one of the contracting parties to the other contracting party on the fulfillment of the legal proceedings pertinent to each of them.
2- Where a multi-party agreement related to air transport is concluded and is binding on the contracting parties hereto, such agreement shall be amended to comply with the provisions thereof.
3- Where the amendment relates only to the provisions of the annexed schedules, the same shall be agreed upon between the aviation authorities of the contracting parties.
Article 20
Termination
1- Each of the contracting parties may at any time notify the other contracting party in writing via diplomatic channels of its decision to terminate this agreement, provided that such notice shall be sent at the same time to the International Civil Aviation Organization.
2- This agreement shall be terminated at the end of the flights program which shall end within a period of twelve (12) months following receipt by the other contracting party of the notice of termination, unless the contracting parties agree to withdraw the notice prior to the expiry of such period.
3- Where the other contracting party has not admitted receipt of the notice, it shall be deemed to have received it after fourteen (14) days from the date of receipt of the notice by the International Civil Aviation Organization.
Article 21
Registration
This agreement shall be registered, along with any amendments hereto, with the International Civil Aviation Organization by the country in which the agreement will be signed.
Article 22
Entry into Force
This agreement shall enter into force on the date of receipt of a notice in terms of which the contracting parties notify each other through diplomatic channels of having complied with the required legal procedures related to the conclusion and entering into force hereof.
IN WITNESS WHEREOF, the persons authorized below have signed this agreement under the powers conferred on them by their governments. This agreement is made and signed in the City of Skopje on 17/10/2011 in two original copies in Arabic, Macedonian and English languages. Each copy shall have the same argument. In the event of disagreement in the interpretation of the provisions or application hereof, the English language text shall prevail.
For the Government of the State of Qatar
For the Government of the Republic of Macedonia