Νόμος 3976/2011

Άρθρο 23

ΕΝΑΡΞΗ ΙΣΧΥΟΣ

Η παρούσα Συμφωνία θα τεθεί σε ισχύ μετά την εκπλήρωση των εσωτερικών νομικών απαιτήσεων από κάθε Συμβαλλόμενο Μέρος, τα οποία θα ενημερώσουν αμοιβαία για την εκπλήρωση των απαιτήσεων αυτών, μέσω της ανταλλαγής διπλωματικών διακοινώσεων.

Η Συμφωνία θα τεθεί σε ισχύ την πρώτη ημέρα του επόμενου μήνα από την ημερομηνία λήψης της τελευταίας ειδοποίησης.

ΣΕ ΠΙΣΤΩΣΗ ΤΩΝ ΑΝΩΤΕΡΩ, οι υπογράφοντες, όντας δεόντως εξουσιοδοτημένοι από τις αντίστοιχες Κυβερνήσεις τους, υπέγραψαν την παρούσα Συμφωνία στην Πόλη του Κουβέιτ σήμερα 20 Ιανουαρίου 2010.

Η παρούσα Συμφωνία συντάχθηκε σε έξι (6) πρωτότυπα, από δύο (2) για την αραβική, την ελληνική και την αγγλική γλώσσα, όλα τα κείμενα όντας εξίσου αυθεντικά. Το αγγλικό κείμενο θα υπερισχύει σε περίπτωση διαφορών σχετικά με την ερμηνεία των δύο άλλων κειμένων.

ΓΙΑ ΤΗΝ ΚΥΒΕΡΝΗΣΗ ΤΗΣ ΓΙΑ ΤΗΝ ΚΥΒΕΡΝΗΣΗ ΤΟΥ ΕΛΛΗΝΙΚΗΣ ΔΗΜΟΚΡΑΤΙΑΣ ΚΡΑΤΟΥΣ ΤΟΥ ΚΟΥΒΕΙΤ

Σπύρος Κουβέλης Η.Ε. Khalid S. Al-Jarallah

Υφυπουργός Εξωτερικών Υφυπουργός Εξωτερικών

ΠΑΡΑΡΤΗΜΑ

ΠΙΝΑΚΑΣ ΔΙΑΔΡΟΜΩΝ

1. ΠΙΝΑΚΑΣ Ι

Διαδρομές που θα εκτελούνται από το διορισμένο αερομεταφορέα του Κράτους του Κουβέιτ, με πλήρη δικαιώματα κίνησης και προς στις δύο κατευθύνσεις:

Σημεία στο Κράτος του Κουβέιτ	Ενδιάμεσα σημεία	Σημεία στην Ελληνική Δημοκρατία	Σημεία πέραν
Σημεία στο Κράτος του Κουβέιτ	Τρία σημεία	Οποιαδήποτε τρία σημεία στην Ελληνική Δημοκρατία	Οποιαδήποτε σημεία

2. ΠΙΝΑΚΑΣ ΙΙ

Διαδρομές που θα εκτελούνται από το διορισμένο αερομεταφορέα της Ελληνικής Δημοκρατίας, με πλήρη δικαιώματα κίνησης και προς τις δύο κατευθύνσεις:

Σημεία στην Ελληνική Δημοκρατία	Ενδιάμεσα σημεία	Σημεία στο Κράτος του Κουβέιτ	Σημεία πέραν
Σημεία στην Ελληνική Δημοκρατία	Τρία σημεία	Σημεία στο Κράτος του Κουβέιτ	Οποιαδήποτε σημεία

Σημειώσεις:

1. Τα ενδιάμεσα σημεία και τα σημεία πέραν μπορούν, κατ' επιλογή του (-ων) διορισμένου (-ων) αερομεταφορέα (-ων), να παραλείπονται σε οποιαδήποτε ή σε όλες τις πτήσεις, προς κάθε κατεύθυνση.

2. Τα σημεία στην επικράτεια του Κουβέιτ και τα σημεία στην επικράτεια της Ελληνικής Δημοκρατίας, τα οποία αναφέρονται στην παράγραφο 1 και 2 του παρόντος Παραρτήματος και τα ενδιάμεσα σημεία και τα σημεία πέραν που καθορίζονται και στις δύο διαδρομές θα επιλέγονται ελεύθερα από τους διορισμένους αερομεταφορείς κάθε Συμβαλλόμενου Μέρους και θα γνωστοποιούνται στις Αεροπορικές Αρχές και των δύο Συμβαλλομένων Μερών τριάντα (30) ημέρες πριν την έναρξη των δρομολογίων. Τα σημεία που αρχικά επιλέγονται μπορούν, ομοίως, να αντικατασταθούν.

3. Οι συχνότητες και οι πίνακες δρομολογίων που καθορίζονται για την εκτέλεση των συμφωνηθέντων δρομολογίων θα γνωστοποιούνται στις Αεροπορικές Αρχές του άλλου Συμβαλλόμενου Μέρους, τουλάχιστον τριάντα (30) ημέρες πριν την έναρξη της εκτέλεσης. Αυτό θα εφαρμόζεται, επίσης, και πριν κάθε θερινό και χειμερινό πρόγραμμα δρομολογίων.

The Government of the Hellenic Republic and the Government of the State of Kuwait, hereinafter called the Contracting Parties,

Desiring to foster the development of Air Services between the Hellenic Republic and the State of Kuwait and to promote in the greatest possible measure international co-operation in this field.

Desiring to apply to these services the principles and provisions of the Convention on International Civil Aviation and of the International Air Services Transit Agreement opened for signature at Chicago on the seventh day of December 1944,

Have agreed as follows:

Article 1 DEFINITIONS

For the purpose of this Agreement, unless the text otherwise

requires:a) «ΤΗΕ CONVENTION» means the Convention on International Civil Aviation opened for signature at Chicago on the seventh day of December 1944, and includes any annex adopted under Article 90 of that Convention and any amendment of the Annexes or Convention under Article 90 and 94 thereof so far as these Annexes and amendments have been adopted by both Contracting Parties.

b) «AGREEMENT» means this Agreement, the Annex attached thereto, and any modifications to the Agreement or to the Annex;

c) «AERONAUTICAL AUTHORITIES» means in the case of the State of Kuwait, the Directorate General of Civil Aviation, in the

case of the Hellenic Republic, the Governor of the Civil Aviation Authority or in both cases any other person or agency authorised to perform the functions exercised by the said authorities;

d) «DESIGNATED AIRLINE» means any airline that one Contracting Party has designated in writing to the other Contracting Party in accordance with Article 3 of this Agreement as being an airline which is to operate the agreed air services on the routes specified in accordance with Article 2 of this Agreement;

e) «TERRITORY», «AIR SERVICE*, INTERNATIONAL AIR SERVICE» and «STOP FOR NON TRAFFIC PURPOSE* shall for the purpose of this Agreement, have the meaning laid down in Articles 2 and 96 of the Convention;

f) «CAPACITY» means:I) in relation to an aircraft, the payload of that aircraft available on a route or a section of a route.

II) in relation to a specified air service, the capacity of the aircraft used on such service multiplied by the frequency operated by such aircraft over a given period on a route or a section of a route.

g) «TARIFF» means the prices to be paid for the carriage of passengers, baggage and freight and the conditions under which those prices apply, including prices and conditions for agency and other auxiliary services, but excluding remuneration or conditions for the carriage of mail;

h) «SCHEDULE» means the route schedule annexed to this Agreement or as amended in accordance with the provisions of paragraph (3) of Article 17 of this Agreement. The Schedule forms an integral part of this Agreement and all references to the Agreement shall include reference to the Schedule except where otherwise provided.

i) «USER CHARGE* means a charge made to airlines for the provision of airport, air navigation or aviation security property, or facilities.

j) «Reference to Nationals* References in this Agreement to nationals of the Hellenic Republic, shall be understood as referring to nationals of European Community Member States;.

k) «Reference to Airlines* References in this Agreement to airline(s) of the Hellenic Republic shall be understood as referring to airline(s) designated by the Hellenic Republic.

Article 2

GRANTING OF RIGHTS AND PRIVILEGES

1) Each Contracting Party grants to the other Contracting Party the rights specified in this Agreement to enable its designated airline to establish and operate international air services on the routes specified in the appropriate section of the Schedule thereto (hereinafter called «AGREED SERVICES* and «SPECIFIED ROUTES* respectively).

2) Subject to the provisions of this Agreement, the designated airline of each Contracting Party shall enjoy, while operating an agreed service on a specified route, the following privileges:

a) to fly without landing across the territory of the other Contracting Party,

b) to make stops in the said territory for non-traffic purpose, and

c) to make stops in the said territory at the point or points specified for that route in the Schedule for the purpose of discharging and of taking on international traffic in passengers, mail and cargo.

3) Nothing in paragraph 1 of this Article shall be deemed to confer on a designated airline of one Contracting Party the privilege of taking up, in the territory of the other Contracting Party, passengers, cargo and mail carried for remuneration or hire and destined for another point in the territory of that other Contracting Party.

Article 3

DESIGNATION AND AUTHORISATION

(1) Each Contracting Party shall have the right to designate in writing to the other Contracting Party an airline or airlines for the purpose of operating the agreed services on the specified routes and to withdraw the designation of any airline or to substitute another airline for one previously designated.

(2) Such designation shall be effected by virtue of written notification between the aeronautical authorities of both Contracting Parties, confirmed by the exchange of diplomatic notes.

(3) The airline or airlines designated by either Contracting Party may be required to satisfy the other Contracting Party that it is qualified to fulfill the conditions prescribed by the laws and regulations normally and reasonably applied by this Contracting Party to the operation of international air services in conformity with the provisions of the Convention.

(4) On receipt of such designation the aeronautical authorities of the other Contracting Party shall grant the appropriate authorizations and permissions with minimum procedural delay, provided:

(a) in the case of an airline designated by the Hellenic Republic:

(i) it is established in the territory of the Hellenic Republic under the Treaty establishing the European Community and has a valid Operating License in accordance with European Community law, and

(ii) effective regulatory control of the airline is exercised and maintained by the European Community Member State responsible for issuing its Air Operator's Certificate, and the relevant aeronautical authority is clearly identified in the designation.

(b) In the case of an airline designated by the Government of the State of Kuwait:

(i) the airline is established in the territory of the State of Kuwait and has a valid Operating License in accordance with Kuwaiti law; and

(ii) the State of Kuwait exercises and maintains effective regulatory control of the airline and is responsible for issuing its Air Operator's Certificate.

(5) When an airline has been so designated and authorized in accordance with this Article, it may at any time begin to operate the agreed services, in accordance with the provisions of the present Agreement.

Article 4

REVOCATION, LIMITATION AND IMPOSITION OF

CONDITIONS

(l)Each Contracting Party shall have the right to refuse to grant or to revoke an operating authorization, suspend the exercise of the rights granted in this Agreement to an airline designated by the other Contracting Party, or impose such conditions on the exercise of these rights as it may deem necessary where:

(a) In the case of an airline designated by the Hellenic Republic:

(i) the airline is not established in the territory of the Hellenic Republic under the Treaty establishing the European

Community or does not have a valid Operating License in accordance with the European Community law; or

(ii) effective regulatory control of the airline is not exercised or not maintained by the European Community Member State responsible for issuing its Air Operator's Certificate, or the relevant Aeronautical Authority is not clearly identified in the designation; or

(iii) the airline is already authorised to operate under a bilateral Agreement between the State of Kuwait and another EC Member State and the State of Kuwait can demonstrate that, by exercising traffic rights under this Agreement on a route that includes a point in another EC Member State, the air carrier would be circumventing restrictions on traffic rights imposed by a bilateral Agreement between the State of Kuwait and that other Member State; or

(iv) the airline holds an Air Operator's Certificate issued by a EC Member State and there is no bilateral Air Services Agreement between the State of Kuwait and that EC Member State, and that EC Member State has denied traffic rights to the airlines designated by the State of Kuwait.

(b) In the case of an airline designated by the Government of the State of Kuwait:

(i) the airline is not established in the territory of the State of Kuwait or is not licensed in accordance with the applicable law of Kuwait; or

(ii) the State of Kuwait is not exercising or not maintaining effective regulatory control of the airline.

(c) in any case where the airline fails to comply with the laws or regulations„of the Contracting Party granting those privileges or otherwise fails to operate in accordance with the conditions prescribed in this Agreement, especially with Articles on

Aviation Safety and Security; provided that, unless immediate suspension or imposition of conditions is considered necessary to prevent further infringement of laws or regulations or is in the interest of aviation safety, this right shall be exercised only after consultation with the other Contracting Party.

(2) In the event of action by one Contracting Party under this Article, the other rights of both Contracting Parties shall not be prejudiced.

Article 5

AIRPORTS AND FACILITY 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.

The charges imposed in the territory of either Contracting Party for the use of airports and other aviation facilities on the aircraft of the designated airline of the other Contracting Party shall not be higher than those imposed on aircraft of the national airline engaged in similar international air services.

Article 6

EXEMPTION FROM CUSTOMS AND OTHER DUTIES

1.- Each Contracting Party shall, on the basis of reciprocity, exempt the designated airline of the other Contracting Party under its relevant applicable law from import restrictions, customs duties, other taxes, inspection fees and other national duties and 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 aircraft of the designated airline of such other Contracting Party operating the agreed services, as well as the office equipment introduced in the territory of either Contracting Party in order to be used in the offices of the designated airline within the limits of the international airports to which the designated airline operate, ticket stock, air way bills, any printed material which bears the insignia of the company printed thereon and usual publicity 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 that the ownership and/or use of such items is not transferred in the territory 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 may be unloaded in the territory of the other Contracting Party only with the approval of the Customs 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 7 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 other Contracting Party directly or through its agents and any person shall be able to purchase such transportation in accordance with the relevant applicable laws and regulations.

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

other Contracting Party, the right to 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 territory of the other Contracting Party.

6. - If one Contracting 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 Contracting Party's airline.

Article 8

LEASING

1) When a designated airline proposes to use an aircraft on the agreed services other than one owned by it, this shall be done on the following conditions:

a) that such arrangements shall not be equivalent to giving a lessor airline of another country access to traffic rights not otherwise available to that airline;

b) that the financial benefit to be obtained by the lessor airline shall not be related to the direct financial success of the operations of the designated airline concerned.

c) that the agreed services by the designated airline using the leased aircraft shall not be linked so as to provide through services by the same aircraft to or from the services of the lessor airline on its own route or routes.

d) the safety standards, with respect to maintenance and operation, of the leased aircraft are equivalent to those established by the aeronautical authorities of the designated airline.

2) A designated airline is not otherwise prohibited from providing services using leased aircraft provided that any lease arrangement entered into satisfies the conditions listed in paragraph 1 above.

3) A designated airline shall give sixty (60) days written notification to the Aeronautical Authorities of the other Contracting Party of any leasing of aircraft together with the terms of such arrangements and obtain prior approval of the said Aeronautical Authorities before using any leased aircraft.

4) On the exceptional basis and where the leasing of aircraft "becomes necessary for urgent reasons and the lease does not exceed ninety (90) days, approval shall not be withheld solely for the reason that

less than sixty (60) days notice was given if reasonable prior notification was given.

5) Notwithstanding anything in the foregoing where the lessor of the aircraft:

a) is neither an airline nor controlled by one: and

b) is neither a subsidiary company of, related company to, nor an associate company of an airline.

a simple notification to the Aeronautical Authorities of the other Contracting Party will suffice.

Article 9

ENTRY AND CLEARANCE REGULATIONS

1) The laws, rules and regulations in force at one Contracting Party relating to entry into or departure from its territory of passengers, crew or cargo and mail of aircraft (such as regulation relating to entry, clearance, immigration, passports, customs and quarantine) shall be applicable to the passengers, crew or cargo of the aircraft of an airline designated by the other Contracting Party while in the territory of the first Contracting Party.

2) The laws and regulations of a Contracting Party relating to the admission to, stay in, or departure from its territory of aircraft engaged in international air navigation, or to the operation and navigation of such aircraft while within its territory, shall be applied to the aircraft of both Contracting Parties without distinction as to nationality, and shall be complied with by such aircraft upon entering or departing from or while within the territory of that party.

3) Passengers, baggage, cargo and mail in transit across the territory of a Contracting Party shall be subject to a simplified form of customs and/or immigration control. Baggage, cargo and mail shall be

exempt from customs duties, inspection fees and other national duties and charges if in direct transit.

Article 10

RECOGNITION OF CERTIFICATES AND LICENSES

1) Certificates of airworthiness, certificates of competency and licenses issued or rendered valid in accordance with the laws and regulations of one Contracting Party, including in the case of the Hellenic Republic the laws and regulations of the European Community and unexpired, 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.

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 of the other Contracting Party may request consultations in accordance with Article 17 of this 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 11 CAPACITY PROVISIONS

1) These shall be fair and equal opportunity for the designated airline of each Contracting Party to operate the agreed services on any specified route in accordance with paragraph (1) of Article 2 of this Agreement between their respective territories.

2) The agreed services provided by a designated airline shall retain, as their primary objective the provisions of capacity adequate to current, at a reasonable load factor, of capacity adequate to meet the current and reasonably anticipated requirements for the carriage of passengers, mail and cargo, originating from or destined for the territory of the Contracting Party designating the airline. The right of the designated airline of either Contracting Party to embark or to disembark at the point in the territory of the other Contracting Party international traffic destined for or coming from third countries shall be in accordance with the principles that such traffic will be of a supplementary character and capacity shall be related to:

a) traffic demands between the territory of the Contracting Party designating the airline and the points on the specified routes:

b) traffic requirements of the areas through which the airline passes, after taking account of other air services operated by the airlines of the states comprising the area, and

c) the requirements of through airline operation.

Article 12 APPROVAL OF FLIGHT SCHEDULES

1) The designated airlines shall communicate, to the Aeronautical Authorities of the Contracting Parties not later than thirty days prior to the initiation of the agreed services; on the specified routes

in accordance with Article 2 of this Agreement, the type of service, the types of aircraft to be used and the flight schedules. This shall likewise apply to later changes as well as before each summer and winter schedule.

2) The Aeronautical Authorities receiving such flight schedules shall normally approve the schedules of suggest modifications thereto. In any case the designated airlines shall not commence their services before the schedules are approved by the Aeronautical Authorities concerned. This provision shall like wise apply to later changes.

Article 13

INFORMATION AND STATISTICS

The Aeronautical Authorities of either Contracting Party shall furnish to the Aeronautical Authorities of the other Contracting Party at their request such periodic or other statistical data as may be reasonably required for the purpose of reviewing the capacity provided by the designated airline of the first Contracting Party on the specified routes in accordance with Article 2 of this Agreement. Such data shall include all information required to determine the amount of traffic carried.

Article 14 ESTABLISHMENT OF TARIFFS

1) The tariffs in respect of international air services operated to/from/through the territories of the two Contracting Parties shall be established by the designated airlines at reasonable levels, due regard being paid to all relevant factors, including cost of operation and reasonable profit.

2) The Tariffs established under paragraph 1 shall not be required to . be filed by the designated airlines of one Contracting Party with the aeronautical authorities of the other Contracting Party. Not

withstanding the foregoing, each Contracting Party shall have the right to intervene so as to:

a. prevent unreasonably discriminatory prices or practices;

b. protect consumers from prices that are unreasonably high or restrictive due to the abuse of a dominant position; and

c. protect airlines from prices that are artificially low due to subsidy or support, or where evidence exists as to an intent to eliminate competition.

3) Notwithstanding the foregoing, the designated airlines of one Contracting Party shall provide, on request, to the aeronautical authorities of the other Contracting Party information relating to the establishment of the tariffs, in a manner and format as specified by such authorities.

Article 15 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 agreed, shall be grounds for -the application of Article 4 of this Agreement.

3) Notwithstanding the obligations mentioned in Article 33 of the Chicago Convention it is agreed that any aircraft operated by the airline or airlines of one Contracting Party on services to or from the 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 representative of the 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 of licenses on respect of that aircraft or in respect of the crew of that aircraft had been issued or rendered valid, of 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 an aircraft operated by the airline or 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 an airline or 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 and 6 above shall be discontinued once the basis for taking of that action ceases to exist.

8) When the Hellenic Republic has designated an airline whose regulatory control is exercised and maintained by another European Community Member State, the rights of the other Contracting Party under this Article shall apply equally in respect of the adoption, exercise or maintenance of safety standards by that other European Community Member State and in respect of operating authorization of that airline.

Article 16 AVIATION SECURITY

1) The Contracting Parties reaffirm, consistent with their rights and obligations under international law, that their obligations to each other to protect the security of civil aviation against acts of unlawful interface form an integral part of this Agreement. Without limiting the generality of their rights and obligations under international law, the Contracting Parties shall in particular act in conformity with the provisions of the Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on 16 December 1970, the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 September 1971, its Supplementary Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil

Aviation signed at Montreal on 24 February 1988, the Convention on Marking of Plastic Explosives for the purpose of Detection, done at Montreal on 1 March 1991 and any other convention on aviation security to which the Contracting Parties shall become party.

2) The Contracting Parties shall provide upon request all necessary assistance to each other to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers and crew, airports and air navigation facilities, and any other threat to the security of civil aviation.

3) The Contracting Parties shall, in their mutual relations, act in conformity with the aviation standards and, so far as they are applied by them, the Recommended Practices established by the International Civil Aviation Organization and designated as Annexes to the Convention and shall require that operators of aircraft of their registry, operators who have their principal place of business or permanent residence in the territory of the Contracting Parties or, in the case of the Hellenic Republic, operators of aircraft which are established in its territory under the Treaty establishing the European Community and have valid Operating Licenses in accordance with European Community Law, and the operators or airports in their territory, act in conformity with such aviation security provisions. In this paragraph the reference to aviation security Standards includes any difference notified by the contracting Party concerned.

4) Each Contracting Party shall ensure that effective measures are taken within its territory to protect aircraft, to screen passengers and their carry-on items, and to carry out appropriate checks on crew, cargo (including hold baggage) and aircraft stores prior to and during boarding or loading and that those measures are adjusted to meet the increase in the threat. Each Contracting Party agrees that its operators of aircraft shall be required to observe, for departure from or while within the territory of the other Contracting Party, aviation security provisions in conformity with the law in force in that country, including, in the case of the Hellenic Republic, European Community law. Each Contracting Party shell also act favorably upon 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 aircraft or other unlawful acts against the safety of such aircraft, their passengers and crew, airports or air navigation occurs, the Contracting Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate as rapidly as possible commensurate with minimum risk to life such incident or threat.

6) When a Contracting Party has reasonable grounds to believe that the other Contracting Party has departed from the provisions of this Article, the first Contracting Party may request immediate consultations with the other Contracting Party. These consultations will be aimed to reach an agreement upon the measures suitable to eliminate the more immediate reasons of worry and to adopt in the framework of the ICAO security standards, the actions necessary to establish the appropriate conditions of security.

7) Each Contracting Party shall take such measures, as it may find practicable, to ensure that an aircraft subject to an act of unlawful seizure or other acts of unlawful interference which has landed in its territory is detained on the ground unless its departure is necessitated by the overriding duty to protect human life. Wherever practicable, such measures shall be taken on the basis of mutual consultations.

Article 17

CONSULTATIONS AND MODIFICATIONS

1) Exchange of views shall take place as needed between the Aeronautical Authorities of the Contracting Parties in order to achieve closer cooperation and agreement in all matters pertaining to the application of this Agreement.

2) Each Contracting Party may at any time request consultations with the other Contracting Party for the purpose of amending this

Agreement or the Route Schedule. Such consultations shall begin within a period of 60 days from the date or receipt of such request. Any amendment to this Agreement, agreed to as a result of such consultations, shall be approved by each Contracting Party in accordance with its constitutional procedures and shall enter into force on the date of exchange of diplomatic notes indicating such approval, though it may be agreed to apply the amendment agreed to provisionally from the date of agreement.

3) If the amendment relates only to the Route Schedule, the consultations shall be between the Aeronautical Authorities of both Contracting Parties. When these authorities agree on a new or revised Route_Schedule, the agreed amendments shall come into force as soon as they have been confirmed by an exchange of diplomatic notes.

Article 18 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 endeavor to settle it by negotiations between themselves.

2) If the Contracting Parties fail to reach within 60 days a settlement by negotiations they shall refer the dispute for decision to a person or body or at the request of one of the Contracting Parties to an arbitration tribunal. The arbitration tribunal shall be composed as follows:

a) Each contracting Party shall nominate an arbitrator; if one Contracting Party fails to nominate his arbitrator within 60 days, such arbitrator shall be nominated by the President of the Council of the International Civil Aviation Organization at the request of the other Contracting Party.

b) The third arbitrator, who shall be a national of a third state and who shall preside the arbitrate tribunal, shall be nominated either,

1. by agreement between the Contracting Parties; or

2. if within 60 days the Contracting Parties do not so agree, by appointment of the President of the Council of the International Civil Aviation Organization by the request of either Contracting Party.

3) The arbitral tribunal shall reach its decisions by a majority of votes. Such decisions shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of his own member as well as of his representation in the arbitral proceedings; the cost of the Chairman and any other cost shall be borne in equal parts by the Contracting Parties. In all other respects, the arbitral tribunal shall determine its own procedure.

4) If and so long as either Contracting Party or its designated airline fail to comply with a decision given under paragraph (3) of this Article, the other Contracting Party may limit, withhold or revoke any rights or privileges relating the subject of the dispute which it has granted by virtue of this Agreement until compliance is established.

Article 19

TERMINATION

Either Contracting Party may at any time notify the other Contracting Party in writing through diplomatic channels of his decision to terminate this Agreement. A copy of the notice shall be sent simultaneously to the Secretary General of the International Civil Aviation Organization. If such notice is given, this Agreement shall terminate twelve months after the date of receipt by the other Contracting Party of the notice to terminate, unless by agreement between the Contracting Parties the notice under reference is withdrawn before the expiry of that period. If the other Contracting Party fails to acknowledge receipt, notice shall be deemed to have been received fourteen days after the date of the receipt by the Secretary General of the International Civil Aviation Organization of his copy.

Article 20

CONFORMITY WITH MULTILATERAL CONVENTION

In the event of a general multilateral air transport convention accepted by the Contracting Parties entering into force, the provisions of such convention shall prevail. Any discussions with a view to determining the extent to which this Agreement is terminated, superseded, amended or supplemented by the provisions of the multilateral convention, shall take place in accordance with paragraph (2) of Article 17 of this Agreement.

Article 21

REGISTRATION

This Agreement and its Annex shall be registered with the International Civil Aviation Organization by the State of Kuwait.

Article 22 TITLES

Titles are inserted in this Agreement at the head of each Article for the purpose of reference and convenience and in no way to define, limit or describe the scope or intent of this Agreement,

Article 23 ENTRY INTO FORCE

This Agreement shall enter into force after fulfillment of the internal legal requirements by each Contracting Party, which shall notify

ANNEX ROUTE SCHEDULE

1. SCHECULE I

Routes to be operated by the designated airline of the State of Kuwait with full traffic rights in both directions:

Points in the State of Kuwait	Intermediate Points	Points in the Hellenic Republic	Beyond Points
Points in the State of Kuwait	Three Points	Any three points in the Hellenic Republic	Any Points
SCHECULE II Routes to be operated by the designated airline of the Hellenic Republic with full traffic rights in both directions:
Points in the Hellenic Republic	Intermediate Points	Points in the State of Kuwait	Beyond Points
Points in the Hellenic Republic	Three Points	Points in the State of Kuwait	Any Points

Notes:

1. Intermediate points and points beyond may, at the option of the designated airline(s), be omitted on any or all flights in each direction.

2. The points in the territory of Kuwait and the points in the territory of the Hellenic Republic indicated on section 1 and 2 of this Annex and intermediate points and points beyond established on both routes shall be freely selected by the designated airlines of each Contracting Party and will be notified to the Aeronautical

Authorities of both Contracting Parties thirty (30) days before the commencement of the services. The points initially selected may be replaced likewise.

3. The frequencies and time schedules established for the operation of the agreed services shall be notified to the Aeronautical Authorities of the other Contracting Party at least thirty (30) days prior to the start of the operation. This shall likewise apply before each summer and winter schedules.

Άρθρο δεύτερο

Η ισχύς του παρόντος νόμου αρχίζει από τη δημοσίευση του στην Εφημερίδα της Κυβερνήσεως και της Συμφωνίας που κυρώνεται, από την πλήρωση των προϋποθέσεων του άρθρου 23 αυτής.

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

Αθήνα, 20 Μαΐου 2011

Ο ΠΡΟΕΔΡΟΣ ΤΗΣ ΔΗΜΟΚΡΑΤΙΑΣ

ΚΑΡΟΛΟΣ ΓΡ. ΠΑΠΟΥΛΙΑΣ

ΟΙ ΥΠΟΥΡΓΟΙ

ΟΙΚΟΝΟΜΙΚΩΝ ΕΞΩΤΕΡΙΚΩΝ

ΓΕΩΡΓΙΟΣ ΠΑΠΑΚΩΝΣΤΑΝΤΙΝΟΥ ΔΗΜΗΤΡΙΟΣ ΔΡΟΥΤΣΑΣ

ΥΠΟΔΟΜΩΝ, ΜΕΤΑΦΟΡΩΝ ΚΑΙ ΔΙΚΤΥΩΝ

ΔΗΜΗΤΡΙΟΣ ΡΕΠΠΑΣ

Θεωρήθηκε και τέθηκε η Μεγάλη Σφραγίδα του Κράτους. Αθήνα, 24 Μαΐου 2011

Ο ΕΠΙ ΤΗΣ ΔΙΚΑΙΟΣΥΝΗΣ ΥΠΟΥΡΓΟΣ

ΧAΡΑΛΑΜΠΟΣ ΚΑΣΤΑΝΙΔΗΣ

I Ijlllilllljlllilllll^^

ΑΠΟ ΤΟ ΕΘΝΙΚΟ ΤΥΠΟΓΡΑΦΕΙΟ

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