Νόμος 3173/2003

Άρθρο 20 Έναρξη ισχύος

Η παρούσα Συμφωνία έχει υπογραφεί για αόριστη χρονική διάρκεια και θα τεθεί σε ισχύ την ημέρα λήψης της δεύτερης από τις Διπλωματικές Διακοινώσεις που ανταλλάσσονται από τα δύο Συμβαλλόμενα Μέρη επιβεβαιώνοντας ότι έχουν ολοκληρωθεί οι σχετικές συνταγματικές και/ή εσωτερικές τους απαιτήσεις διαδικασίες για έναρξη ισχύος των διεθνών συμφωνιών.

Η έναρξη ισχύος αυτής της Συμφωνίας τερματίζει την «Συμφωνία μεταξύ της Κυβέρνησης της Λαϊκής Δημοκρατίας της Βουλγαρίας και της Κυβέρνησης του Βασιλείου της Ελλάδος περί Τακτικών Εμπορικών Αεροπορικών Γραμμών» που υπογράφηκε στην Αθήνα στις 9 Ιουλίου

1964.

Σε πίστωση των ανωτέρω υπεγράφη η παρούσα Συμφωνία οπό τους κατωτέρω υπογεγραμμένους πληρεξουσίους, οι οποίοι έχουν εξουσιοδοτηθεί για το σκοπό αυτό από τις αντίστοιχες Κυβερνήσεις τους.

Έγινε στην Αθήνα σήμερα 1η Νοεμβρίου 2002 στην Ελληνική, Βουλγαρική και Αγγλική γλώσσα. Τα τρία (3) κείμενα θεωρούνται εξίσου αυθεντικά.

Σε περίπτωση διαφοράς στην ερμηνεία θα υπερισχύει το αγγλικό κείμενο.

Για την Κυβέρνηση Για την Κυβέρνηση

της Ελληνικής της Δημοκρατίας

Δημοκρατίας της Βουλγαρίας

ΠΑΡΑΡΤΗΜΑ ΠΙΝΑΚΑΣ ΔΙΑΔΡΟΜΩΝ

ΔΙΑΔΡΟΜΗ Ι

Διαδρομές στις οποίες θα εκτελούνται αεροπορικά δρομολόγια από τη διορισμένη αεροπορική εταιρεία της Ελληνικής Δημοκρατίας και προς τις δύο κατευθύνσεις.

Σημεία προέλευσης: Οποιοδήποτε σημείο στην Ελληνική Δημοκρατία Ενδιάμεσα σημεία: θα συμφωνηθούν αργότερα Σημεία στη Δημοκρατία της Βουλγαρίας: Σόφια Σημεία πέραν: θα συμφωνηθούν αργότερα

ΔΙΑΔΡΟΜΗ ΙΙ

Διαδρομές στις οποίες θα εκτελούνται αεροπορικά δρομολόγια από την διορισμένη αεροπορική εταιρεία της Δημοκρατίας της Βουλγαρίας και προς τις δύο κατευθύνσεις.

Σημεία προέλευσης: Οποιοδήποτε σημείο στη Δημοκρατία της Βουλγαρίας Ενδιάμεσα σημεία: θα συμφωνηθούν αργότερα Σημεία στην Ελληνική Δημοκρατία: Αθήνα Σημεία πέραν: θα συμφωνηθούν αργότερα

1. Εμπορικά δικαιώματα πέμπτης ελευθερίας προς και από τρίτες χώρες μπορούν να ασκούνται στα συμφωνημένα δρομολόγια με την προϋπόθεση ότι θα έχουν συντονιστεί και συμφωνηθεί εκ των προτέρων μεταξύ των διορισμένων αεροπορικών εταιρειών και θα έχουν εγκριθεί από τις αντίστοιχες Αεροπορικές Αρχές.

2. Όλα ή κάποια ενδιάμεσα σημεία ή σημεία πέραν μπορούν, κατά την κρίση των αεροπορικών εταιρειών, να παραλείπονται σε όλες τις πτήσεις ή σε κάποιες από αυτές, με την προϋπόθεση ότι το δρομολόγιο ξεκινά ή τερματίζει στην επικράτεια του Συμβαλλόμενου Μέρους που διορίζει τις εταιρείες.

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AGREEMENT BETWEEN

THE GOVERNMENT OF THE HELLENIC REPUBLIC

AND

THE GOVERNMENT OF THE REPUBLIC OF BULGARIA CONCERNING AIR SERVICES BETWEEN AND BEYOND THEIR RESPECTIVE TERRITORIES

PREAMBLE

THE GOVERNMENT OF THE HELLENIC REPUBLIC

AND

THE GOVERNMENT OF THE REPUBLIC OF BULGARIA

hereinafter called in this agreement the "Contracting Parties"

Being Parties to the Convention on International Civil Aviation opened for signature at Chicago, on 7th day of December 1944;

Being equally desirous to conclude an Agreement for the purpose of establishing and operating scheduled air services between and beyond their respective territories;

Have agreed as follows:

Article 1 Definitions

For the purpose of the interpretation and application of the present Agreement, unless the context othen/vise requires:

a. The term "Aeronautical Authorities" means, in the case of the Hellenic Republic, the Governor of the Civil Aviation Authority and any person or body authorized to- perform any functions at present exercised by the said Authority or similar functions and, in the case of the Republic of Bulgaria the Ministry of Transport and Communications in the person of the General Directorate Civil Aviation Administration, and any person or body authorized to perform any functions at present exercised by the said Organization or similar functions.

b. The term "the Convention" means the Convention on International Civil Aviation, opened for signature at Chicago, on the seventh day of December, 1944, and includes:

(i) any amendment thereto which has entered into force under Article 94 (a) thereof and has been ratified by both Contracting Parties; and

(ii) any Annex or any amendments thereto adopted under Article 90 of that Convention, insofar as such amendment or Annex is at any given time effective for those Contracting Parties,

c. The term "Agreement" means this Agreement, the Annex attached to it and any amendment thereto.

d. The term "designated airline" means an airline which has been designated and authorized in accordance with the provisions of Article 3 of the present Agreement.

e. The term "agreed services" means scheduled air services on the routes specified in the Annex to this Agreement for the transport of passengers, cargo and mail, separately or in combination.

f. The term "capacity" in relation to an aircraft means, the payload of that aircraft available on a route or section of a route and the term "capacity" in relation to "an agreed service" means, the capacity of the aircraft used on such service, multiplied by the frequency operated by such aircraft over a given period and a route or section of a route.

g. The term "territory" in relation to a State has the meaning of the Article 2 of the Convention.

h. The terms "air service", "international air service", "airline" and "stop for non-traffic purposes" shall have the meanings respectively assigned to them in Article 96 of the Convention.

L The term "tariff' means the price to be charged for the international carriage of passengers, baggage and cargo (excluding mail) and comprises:

any through tariff or amount to be charged for international carriage, marketed and sold as such, including through tariffs constructed using other tariffs or add-ons for carriage over international sectors or domestic sectors forming part of the international sector;

the commission to be paid on the sales of tickets for the carriage ^of passengers and their baggage, or on the corresponding transactions for the carriage of cargo; and

- the conditions: that govern the applicability of the tariff or the price for carriage, or the payment of commission;

it also Includes:

any significant benefits provided in association with the carriage; any tariff for carriage on a domestic sector which is sold as an adjunct to international carriage, which is not available for purely domestic travel and which is not made available on equal terms to all international carriers and users of their services:

j. The term "user charge" means a charge made to airlines by the competent authorities or permitted by them to be made for the provision of airport property or facilities or of air navigation facilities, including related services and facilities, for aircraft, their crews, passengers and cargo.

It is understood that the titles given to the Articles of the present Agreement do in no way restrict or extend the meanings of any of the provisions of the present Agreement.

Article 2 Grant of Rights

1, - Each Contracting Party grants to the other Contracting Party the rights

specified in this Agreement for the conduct of scheduled international air services between its territory and the territory of the other Contracting Party by the designated airline of the other Contracting Party as follows:

a, To fly. without landing, across the territory of the other Contracting party;

b, To make stops in the said territory for non traffic purposes and

c, To make stops, in the said territory at points specified for that route in the rooie schedule annexed to this Agreement for the purpose of taking on board and discharging international traffic in passengers, cargo and mail, separately on in combination.

2. - Nothing in the provisions of paragraph (1) shall be deemed to confer

on the designated airline of one Contracting Party the right to take on board, in the territory of the other Contracting Party, passengers,

cargo or mail carried for remuneration or hire and destined for another point in the territory of the other Contracting Party.

Article 3 Designation and Authorizations

1. - a. Each Contracting Party shall have the right to designate, and

inform, through diplomatic channels the other Contracting Party, one or rrrore airlines for the purpose of operating the agreed services on the specified routes, and to withdraw or alter such designations.

b. In case a Contracting Party desires to designate more than one airline, the aeronautical authorities hold consultations in accordance with Article 15 of this Agreement. A mutual agreement based on the principles set forth in Article 12 shall be a prerequisite for further multiple designation.

2. - On receipt of such designation, the competent authorities of the other

Contracting Party shall, subject to the provisions of paragraphs 3 and 4 of the present Article, grant without delay to the airline so designated, the appropriate operating authorization.

3. - The Aeronautical Authorities of one Contracting Party may require

that the airline designated by the other Contracting Party proves to be qualified to fulfil the conditions prescribed under the laws and regulations normally applied to the operation of international air services by such authorities in conformity^with the provisions of the Convention.

4. - Each Contracting Party shail have the right to refuse to grant the

operating authorization referred to in paragraph 2 of this Article, or to impose such conditions as it may deem necessary on the exercise by the designated airline of the rights specified in Article 2 of the present Agreement, in any case, where the said Contracting Party is not satisfied that substantial ownership and effective control of that airline are vested in the Contracting Party designating the airline or in the nationals of such Contracting Party, or both.

5. - At any time, after the provisions of paragraph (1) and (2) of this Article

have been complied with, the airline so designated and authorized may start to operate the agreed services provided that such services shall not be operated unless a tariff established in accordance with

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the provisions of Article 13 of this Agreement is in force in respect of those services and capacity is regulated according to the provisions of Article 12 of this Agreement in respect of those services.

Article 4 Suspension and Revocation

1. - Each Contracting Party shall have the right to revoke an operating

authorization or to suspend the exercise of the rights specified in Article 2 of this Agreement by the airline designated by the other Contracting Party, or to impose such conditions, as it may deem necessary on the exercise of these rights, in any case, where:

(a) such airline is unable to prove that it is qualified to fulfil the conditions prescribed under the laws and regulations normally and reasonably applied to the operation of international air services by these Authorities in conformity with the Convention ; or,

(b) it is not satisfied that substantial ownership and effective control of that airline are vested in the Contracting Party designating the airline or in nationals of such Contracting Party ; or,

(c) failure by that airline to comply with the iaws and/or regulations of the Contracting Party granting these rights ; or.

(d) the airline otherwise fails to operate, in accordance with the conditions prescribed under the presentTAgreement.

2. - Uniess immediate revocation or suspension or imposition of the

conditions mentioned in paragraph 1 of this Article is essential to prevent further infringements of laws and/or regulations, such right shall be exercised only after consultation with the other Contracting party in conformity with Article 15-of this Agreement.

Article 5

Applicability of laws and Regulations

1.- The laws, regulations and procedures of the Contracting Party relating to entering into, remaining in or departing from its territory of aircraft engaged in international air navigation or to the operation and

navigation of such aircraft shall be complied with by the designated airline of the other Contracting Party upon entrance into, while within and departure from the said territory.

2. - The laws and regulations of one Contracting Party respecting entry,

clearance, staying or transit, emigration or immigration, passports, customs, currency, sanitary and quarantine measures shall be complied with by the designated airline of the other Contracting Party and by or on behalf of its crews, passengers, cargo and mail upon transit of, admission to, while within and departure from the territory of such Contracting Party.

3. - Passengers, baggage and cargo in direct transit across the territory of

one Contracting Party and not leaving the area of the airport reserved for such purpose shall only be subject to a simplified control with exception in respect of security measures against the violence, air piracy and the smuggling of narcotic drugs. Baggage and cargo in direct transit shall be exempt from customs duties and other similar taxes.

Article 6

Recognition of Certificates and Licenses

1. - Certificates of airworthiness, certificates of competency and licenses

issued or rendered valid by one Contracting Party, and still in force, shall be recognized as valid by the other Contracting Party for the purpose of operating services provided. for in this Agreement, provided that the requirements under which such certificates or licenses were issued or rendered valid are equal to or above the minimum standards which are or may be established pursuant to the Convention. Each Contracting Party reserves the right, however to refuse to recognize, for the purpose of flights above its own territory, certificates of competency and licenses granted to its own nationals or rendered valid for them by the other Contracting Party or by any other State.

2. - If the privileges or conditions of the licenses or certificates referred to

in paragraph (1) above, issued by the Aeronautical Authorities of one Contracting Party to any person or designated airline or in respect of an aircraft operating the agreed services on the specified routes would permit a difference from the standards established under the Convention, and which difference has been filed with the International Civil Aviation Organization, the Aeronautical Authorities of the other

Contracting Party may request consultations jn^: accordance with Article 15 of this ■ ■ , ; ·¹^ v''

Agreement with the Aeronautical Authorities of that Contracting Party with a view to satisfying themselves that the practice in question is acceptable to them. Failure to reach a satisfactory agreement will constitute grounds for the application of Article 4 of this Agreement.

Article 7 Aviation Safety Provisions

1. - Each Contracting Party may request consultations at any time

concerning safety standards in any area relating to aircrew, aircraft or their operation adopted by the other Contracting Party. Such consultations shall take place within 30 days of that request.

2. - If, following such consultations, one Contracting Party finds that the

other Contracting Party does not effectively maintain and administer safety standards in any such area that are at least equal to the minimum standards established at that time pursuant to the Chicago Convention, the first Contracting Party shall notify the other Contracting Party of those findings and the steps considered necessary to conform with those minimum standards and that other Contracting Party shall take appropriate corrective action. Failure by the other Contracting Party to take appropriate action within 15 days or such longer period as may be ag^reed, shall be grounds for the application of Article 4 of this Agreement.

3. - Notwithstanding the obligations mentioned^ Article 33 of the Chicago

Convention it is agreed that any aircraft operated oy the designated airline or other airlines of one Contracting Party on services to or from trie territory of another Contracting Party may, while within the territory of the other Contracting Party, be made the subject of an examination by the authorised representatives of ihe other Contracting Party, on board and around the aircraft to .check both the validity of the aircraft documents and those of its crew and the apparent condition of the aircraft and its equipment (in this Article called "ramp inspection"), provided this does not lead to unreasonable delay.

4. - If any ramp inspection or series of ramp inspections gives rise to:

a) serious concerns that an aircraft or the operation of an aircraft does not comply with the minimum standards established at that time pursuant to the Chicago Convention, or

b) serious concerns that there is a lack of effective maintenance and administration of safety standards established at that time pursuant to the Chicago Convention, the Contracting Party carrying out the inspection shall, for the purposes of Article 33 of the Chicago Convention, be free to conclude that the requirements under which the certificate or licences on respect of that aircraft or in respect of the crew of that aircraft had been issued or rendered valid, or that the requirements under which that aircraft is operated, are not equal to or above the minimum standards established pursuant to the Chicago Convention.

5. - In the event that access for the purpose of undertaking a ramp

inspection of ah aircraft operated by the designated airline or other airlines of one Contracting Party in accordance with paragraph 3 above is denied by the representative of that airline or airlines, the other Contracting Party shall be free to infer that serious concerns of the type referred to in paragraph 4 above arise and draw the conclusions referred in that paragraph.

6. - Each Contracting Party reserves the right to suspend or vary the

operating authorisation of the designated airline or other airlines of the other Contracting Party immediately in the event the first Contracting Party concludes, whether as a result of a ramp inspection, a series of ramp inspections, a denial of access for ramp inspection, consultation or otherwise, that immediate action is essential to the safety of an airline operation.

7. - Any action by one Contracting Party in accordance with paragraphs 2

or 6 above shall be discontinued once the basis for the taking of that action ceases to exist.

Article 8 Aviation Security

1.- Consistent with their rights and obligations under international law, the Contracting Parties reaffirm that their obligation to each other to protect the security of civil aviation against acts of unlawful interference forms an integral part of this Agreement. Without limiting the generality of their rights and obligations under international law, the Contracting Parties shall in particular act in conformity with the provisions of the Convention of 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,

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signed at the Hague on 16 December 1970 and the Convention for the suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 September 1971, the Protocol for the Suppression of Unlawful Acts Against the Safety of International Airports, signed at Montreal on 24 February 1988, the Convention on Marking of Plastic Explosives for the Purpose of Detection, signed at Montreal on 1 March 1991 and all other international instruments in the same field which may be ratified in the future by the Contracting Parties.

2. - The Contracting Parties shall provide upon request all necessary

assistance to each other to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers and crew, airports and air navigation facilities, and any other threat to the security of civil aviation.

3. - The Parties shall, in their mutual relations, act in conformity with the

aviation security provisions established by the International Civil Aviation Organization and designated as Annexes to the Convention on International Civil Aviation to the extent that such security provisions are applicable to the Parties ; they shall require that operators of aircraft of their registry or operators of aircraft who have their principal place of business or permanent residence in their territory and the operators of airports in their territory act in conformity with such aviation security provisions.

4. - Each Contracting Party agrees that such operators of aircraft may be

required to observe the aviation security provisions referred to in paragraph (3) above required by the other Contracting party for entry into while within, or departure from the territory of that other Contracting Party.

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

5. -~: > When an incident or threat of an incident of unlawful seizure of civil

-Ι"aircraft or other unlawful acts against the safety of such aircraft, their " passengers and crew, airports or air navigation facilities occurs, the Contracting Parties shall assist each other by facilitating

communications and other · appropriate "-measures intended to 'erminate rapidly and safely such incident or threat thereof.

6.- In case a Contracting Party has reasonable grounds to believe that the other Contracting Party has departed from the provisions of this Article, the first Party may request immediate consultation with the other Party. Failure to reach;a;satisfactory agreement shall constitute grounds for the application or Article 4 of .this Agreement.

Article 9 Commercial Opportunities

1. - The designated airline of one Contracting Party shall have the right to

maintain its own representation in the territory of the other Contracting Party. /

2. - The designated airline of one Contracting Party may, in accordance

with the laws and regulations of the other Party relating to entry, residence and employment, bring in and maintain in the territory of the other Contracting Party managerial, sales, technical, operational and other specialist staff required for the provision of air services.

3. - In case of nomination of a general agent or a general sales agent, this

agent shall be appointed in accordance with the relevant applicable laws and regulations of each Contracting Party.

4. - Each designated airline shall have the right to engage in the sale of

air transportation in the territory of the othefContracting Party in local currency or in any freely convertible other currency directly or through its agents and any person shall be able to purchase such transportation in accordance with the national laws and regulations.

5. - Each Contracting Party shall grant, to the designated airline of the

other Contracting Party, the righWo transfer to its Country on demand, in accordance with the foreign exchange regulations in force, the excess of receipts over expenditure achieved in connection with the carriage of passengers, cargo and mail on the agreed services in the . , :_y territory of the other Contracting Party,

'6.- /if one Party imposes restrictions on the transfer of the excess of receipts achieved by the designated airline of the other Contracting Party the other Party will also have the right to impose the same restrictions to the other party's airline.

Article 10

Exemption from customs and other duties

1. - Each Contracting Party shall on a basis of reciprocity, exempt the

designated airline of the other Contracting Party under its national law from import restrictions,^customs^duties,_%other national excise taxes, inspection fees andI qtherjiational -butiesjand charges on aircraft, fuel, lubricating oils, consumable technical supplies,"" spare parts including engines, regular.aircraft equipment, aircraft stores and other items intended ^for use or used solely in connection 'with the operation or servicing of a^vcraft of the designated airline of such other Contracting Party operating the agreed services, as well as ticket stock, air way bills, any printed material which bears the insignia 'of the company printed therecn and usual'pubiicity material distributed without charge by that designated airline.

2. - The exemptions granted , by this Article shall apply to the items

referred to in paragraph (1) of this Article:

(a) introduced in the territory of one Contracting party by or on behalf of the designated airline of the other Contracting Party ;

(b) retained on board aircraft of the designated airline of one Contracting Party upon arriving in or leaving the territory of the

other Contracting Party ;

(c) taken on board aircraft of the designated airline of the other Contracting Party and intended for use in operating, the agreed services whether or not such items-^are used or consumed wholly within the territory of the Contracting Party granting the exemption, provided such items are not alienated in the temtory of the said Contracting Party.

3. · The regular airborne equipment, as well as the materials and supplies

normally retained on board the aircraft of either Contracting Party maybe unloaded in the territory of the other Contracting Party only with the approval of the GCistoms Authorities of that Contracting Party. In such case, they may be placed under supervision of the said authorities up to such time as they are re-exported or otherwise disposed of in accordance with customs regulations.

Article 11 User Charges

Each of the Contracting Parties may impose or permit to be imposed just and reasonable charges for the use of airports and other facilities under its control.

Each of the Contracting Parties agree, however ,·_: that such charges shall not be higher than would be paid for the use of such airports and facilities by its national aircraft engaged in similar international service.

Article 12

Capacity Regulations and Approval of Timetables

1. - The designated airlines of the Contracting Parties-shall be afforded

fair arid equal treatment in order that they may enjoy equal opportunities in the operation of the agreed services on the specified routes. ■

2. - In operating the agreed services the designated airline of each

Contracting Party shall take into account the interests of the airline of the other Contracting Party so as_not to affect unduly the services which the latter provides on the whole or part of the same routes.

3. - The capacity provided by the designated airlines of the Contracting

Parties on the agreed services shall bear close relationship to the requirements of the public for transportation on the specified routes and each of the designated airlines shall retain as its primary objective the provision at a reasonable^ioad factor or capacity, adequate to current and reasonably anticipated traffic demands between the territories of the Contracting Party.

4. - Provision for the carriage of passengers, cargo and mail both taken

on board and discharged at points on routes to be specified in the territories of states other than that designating the airline shall be agreed upon between the Aeronautical Authorities of the two Contracting Parties. \

5. - The capacity to be provided including the frequency of services and

the type of aircraft to be used by the designated airlines of the Contracting Parties on the agreed services shall be agreed upon by the Aeronautical Authorities upon recommendation made by designated airlines. The designated airlines shall make such recommendation after due consultations between them taking into

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account the principles laid down in paragraphs Ί,2 and 3 of this ^; Article. ''■

6.- In case of disagreement between the designated airlines of the Contracting Parties the issues referred to in paragraph 5 above shall be resolved by agreement between the Aeronautical Authorities of the two Contracting Parties in accordance with the procedures laid down In Article 15 par (2). ■· Until. such'-agreement has been reached, the capacity provided by the designated airlines shall remain unchanged.

7 - The designated airline of each Contracting Party shail submit for approval to the Aeronautical Authorities of the other Contracting Party not later man thirty days prior to the introduction of services on trie specified routes the flight timetables.

This snail, likewise, apply to later changes. In special cases, this time limit may be reduced subject to the approval of the said authorities.

Article 13 Air Transport Tariffs

1. - The tariffs to ce charged by tne designated airlines of the Contracting

Parties for the agreed sen/ices shall be established at reasonable levels, aue to rega^rd oeing paid tc ail relevant factors including cost of operation reasonaole profit, characteristics of service anc. wne^re it is deemed suitable, the tariffs of other airlines ooerating scheduled services over the whole or part of the same routes

2. - Tne tariffs referred tc: in paragraph 1 of this Article shail be

established according to the following rules :

(a) When the designated airlines of both Contracting Parties are

members of an international airline association, e.g. Internationa¹ Air Transport Association, wjtn a rate-fixing mechanism and a tariff resolution already exists in respect of the agreed services, the tariffs snail be;agreed upon by the designated airlines of the Contracting Parties in accordance with such tariff resolution. Unless otherwise determined in the application of this Article, each designated airline shall be responsible only to its Aeronautical Authorities for the justification and reasonableness of the tariffs so agreed.

(b) When there" is no tariff resolution in respect of the agreed services or" where either or both of the designated ' airlines of the Contracting Parties are not members of the same airline association referred to in paragraph (a) above, the designated airlines of the Contracting Parties shall agree between themselves on the tariffs to be charged in respect of the agreed services.

(c) The tariffs so agreed upon shall be submitted for approval by the Aeronautical Authorities of the Contracting Parties at least sixty (60) days before the proposed date of their introduction. This time limit may- be reduced, subject to the consent of the said Authorities.

(d) In case the designated airlines of the Contracting Parties fail to agree on the tariffs to be charged, or where a Contracting Party has not designated its airline for the operating of the agreed services, or where during the first thirty (30) days of the sixty (60) days 'period referred to in subparagraph (c) above, the Aeronautical Authorities of a Contracting Party give the Aeronautical Authorities of the other Contracting Party notice of their dissatisfaction with any tariff agreed between the designated airlines of the Contracting Parties in accordance with subparagraph (a) and (b) above, the Aeronautical Authorities of the Contracting Parties shall try to reach an agreement on the appropriate tariffs to the charged.

3. - (a) No tariff shall come into force if the Aeronautical Authorities of

either Contracting Party have not approved it.

(b) The tariffs established in accordance .with-the provisions of this Article shall remain in force until new tariffs have been established.

4. - If the Aeronautical Authorities cannot agree on any tariff submitted to

them under the provisions of this Article or the determination of any tariff the dispute shall be settledjn accordance with the provisions of Article 17 of the present Agreement.

5. - If the Aeronautical Authorities of one of the Contracting Parties X become dissatisfied with an established tariff, they shall so notify the

^Aeronautical Authorities of the other Contracting Party and the ^designated airlines shall attempt, where required, to reach an Agreement. If within the period of ninety (90) days from the day of .^receipt of such notification a new tariff cannot be established in ^accordance with the provisions of paragraphs (2) and (3) of this

Article, the procedures as set out in paragraph (4) of this Article shall apply.' '■--svf: . ■'

Article 14 Supply of Statistics

The Aeronautical Authorities of either.Contracting Party shall supply to the Aeronautical Authorities "of the other-Contracting Party, at their request, such Information and statistics relating to the traffic carried on the agreed services by the designated airline of the first Contracting Party to and from the territory of the other Contracting Party as may normally be prepared and submitted by the designated airline to their National Aeronautical Authorities. Any additional statistical traffic data which the Aeronautical Authorities of one Contracting Party may desire from the Aeronautical Authorities of the other Contracting Party shall, upon request, be a subject of mutual discussion and agreement between the two Contracting Parties

Article 15

Consultations, Modifications and Amendments

1. - Each Contracting Party or its Aeronautical Authorities may at any time

request consultations on the interpretation, application or amendment of this Agreement with the other Contracting Party or with its Ae^ronauticai Authorities.

2. » A consultation requested by one of the Contracting Parties or their

Aeronautical Authorities shall begin within a period of sixty (60) days of the date o^f receipt of the written requests

3. - Any modification or amendments tc this Agreement agreed by the

Contracting Parties through consultations shall enter into force when the two Contracting Parties will have notmed each other of the fulfilment of their constitutional procedures relating to the conclusion and the entering into force of international agreements.

4. · Notwithstanding the provisions of paragraph (3), modifications to the

route schedule annexed to this Agreement may be agreed directly between the Aeronautical Authorities of the Contracting Parties They shall enter into force after having been confirmed by an exchange of diplomatic notes.

Article 16

Conformity with Multilateral Conventions

ι

If a general multilateral air transport convention or agreement comes into force in respect of both Contracting Parties, this Agreement and its Annex could be amended accordingly.

Article 17 Settlement of Disputes

1. - If any dispute' arises between the Contracting Parties relating to the

interpretation or application of this Agreement and its Annex, the Contracting' Parties shall in the first place endeavour to settle it by negotiations.'

2. - If the Contracting Parties fail to reach a settlement by negotiation,

they may agree to refer the dispute for an advisory opinion to some person or body.

3. - If the Contracting Parties fail to reach a settlement pursuant to

paragraphs 1 and 2 above, the dispute shall be referred to a Tribunal of three arbitrators, one to be nominated by each Contracting Party and the third to be agreed upon by the two so nominated. Each of the Contracting Parties shall nominate an arbitrator within a period of sixty (60) days from the date of receipt by either Contracting Party from the other of a notice, through diplomatic channels, requesting arbitration of the dispute by such a Tribunal and the third arbitrator shall be appointed within a further period of sixty^(60) days. If either of the Contracting Parties fails to nominate its arbitrator within the period specified, the President of the Council of the International Civil Aviation Organization may be requested by either Contracting Party to appoint an arbitrator or arbitrators as the case may require; provided that if the President of the Council of the International Civil Aviation Organization is a national of either Contracting Party, the senior Vice-President of the Council or if he is such a national, the Senior Member of the Council who is-jiot such a national may be requested to make the appointments as the case may be. The third arbitrator, however, shall be a national of a third state and shall act as the President of the Tribunal and shall determine the place where arbitration will be held.

4. - , The Tribunal shall determine its own procedures.

ΦΕΚ200

The expenses of the Tribunal shall be ^:sh'ared equally Cbetweentthe Contracting Parties.' · ■,''"' ' " ■'" ;'"''"'I*'"

The Contracting Parties undertake to comply with any decision delivered in application of the present Article.

If and so long as either^ContractirTg'Party or its designated airline fail to comply with a decisign'.giyen unjer'paragraph (3) of this Article, the other Contracting\Party"may limit withhold'of revoke any rights or privileges which it has granted by virtue of this Agreement.

Article 18 Denunciation

Either Contracting Party may at any time give written notice to the other Contracting Party of its intention to denounce this Agreement, through diplomatic channels ; such notice shall simultaneously be communicated to the International Civil Aviation Organization.

In such case the Agreement shall terminate twelve months after the date of receipt of the notice by the other Contracting Party, unless the notice to denounce is withdrawn by agreement before the expiry of this period. In the absence of acknowledgement of receipt by the other Contracting Party, notice shall be deemed to have been received fourteen (14) days after the receipt of the notice by the International Civil Aviation Organization.

Article 19 Registration

This Agreement, its Annex and all amendments thereto shall be registered with the International Civil Aviation Organization and with the Secretariat of the United Nations.

Article 20 Entry into Force

This Agreement has been signed for an indefinite period and shall enter into ~7/Orce on the date of receipt of second of the Diplomatic Notes exchanged by >beah_vContracting Parties confirming that their respective constitutional and/or

6.7.internal requirements for entry into force of international agreements have been fulfilled.

The entry into force of this Agreement terminates the "Agreement between the Government of the People's Republic of Bulgaria and the Government of the Kingdom of Greece on Scheduled Commercial Air Services" signed at Athens on 9 July 1964.

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

Done at Athens in duplicate, this 1^st day of November 2002 in the Greek, Bulgarian and English languages, all three texts being equally authentic.

In case of difference of interpretation the English text shall prevail.

For the Government of For the Government of

ANNEX ROUTE SCHEDULE

SCHEDULE I

Routes on which air services are to be operated by the designated airline of

the Hellene R-p c m ι t.vc d ^rect ons " ~;

Points cf denture ^Λ" < ' *ne He¹ en;-; Republic Intermediate pc>nts : Γ_ be r ere- i 'T_Le^r ο· Points in Republic of Bulgaria : Sotia Points beyond : To be agreed later on

SCHEDULE II

Routes on which,air services are to be operated by the designated airline of the Republic of Bulgaria in two directions:

Points of departure : Any point in the Republic of Bulgaria Intermediate points : To be agreed later on Points in the Hellenic Republic : Athens Points beyond : To be agreed later on

1, Fifth freedom traffic rights to and from third countries may be exercised on the agreed services provided that they have been coordinated and agreeo upon in advance between the designated airlines and approved by the relevant Aeronautical Authorities.

2. All or any of the intermediate points or points beyond may, at airlines' discretion, be omitted on all flights or any of them, provided that the service begins or terminates in the territory of the Contracting Party designating the airlines.

Άρθρο δεύτερο

Η ισχύς του παρόντος νόμου αρχίζει από τη δημοσίευσή του στην Εφημερίδα της Κυβερνήσεως και της Συμφωνίας που κυρώνεται από την πλήρωση των προϋποθέσεων του άρθρου 20 αυτής.

Παραγγέλλομε τη δημοσίευση του παρόντος στην Εφημερίδα της Κυβερνήσεως και την εκτέλεσή του ως νόμου του Κράτους.

Αθήνα, 8 Αυγούστου 2003

Ο ΠΡΟΕΔΡΟΣ ΤΗΣ ΔΗΜΟΚΡΑΤΙΑΣ

ΚΩΝΣΤΑΝΤΙΝΟΣ ΣΤΕΦΑΝΟΠΟΥΛΟΣ

ΟΙ ΥΠΟΥΡΓΟΙ

ΟΙΚΟΝΟΜΙΑΣ ΚΑΙ ΟΙΚΟΝΟΜΙΚΩΝ ΕΞΩΤΕΡΙΚΩΝ

Ν. ΧΡΙΣΤΟΔΟΥΛΑΚΗΣ Γ. ΠΑΠΑΝΔΡΕΟΥ

ΜΕΤΑΦΟΡΩΝ ΚΑΙ ΕΠΙΚΟΙΝΩΝΙΩΝ

Χ. ΒΕΡΕΛΗΣ

Θεωρήθηκε και τέθηκε η Μεγάλη Σφραγίδα του Κράτους Αθήνα, 11 Αυγούστου 2003

Ο ΕΠΙ ΤΗΣ ΔΙΚΑΙΟΣΥΝΗΣ ΥΠΟΥΡΓΟΣ

Φ. ΠΕΤΣΑΛΝΙΚΟΣ

ΑΠΟ ΤΟ ΕΘΝΙΚΟ ΤΥΠΟΓΡΑΦΕΙΟ