U.S.-Belgium Note Amending Air Transport Agreement of September 5, 1995

September 5, 1995


September 5, 1995 .

 Dear Mr . Secretary,

 I have the honor to acknowlegde receipt of our note of September 5, 1995 which reads as follows: Quote "Excellency : have the honor to refer to discussions held yrepresentatives of our two governments in ashington e ruary 28and arch 1, 1995 concerning the Air ransport Agreement etween the overnment of the nited tates of America and the overnment of Belgium., with annexes, effected by exchange of notes atashington cto er 23, 1980, as amended (hereinafter the n light of the understandings reached in those discussions,have the honor to propose, on ehalf of the overnement of the nited tates of America, that the Agreement e further amended as follows :

1 . Article 1 :

 Delete su paragraphs (ii) and (iii) fromparagraph (g) . Add: "or services including related services or facilities"to the end of paragraph (j) .

Add a new paragraph : "(k) " Full cost" means the cost of providing service plus a reasona le charge for administrative overhead."

2 . Article 3 :

Add: "and Article 7 (Aviation Security)" to end. of subparagraph (2) (c) .

Add a new paragraph (3) :. "(3) his Article does not. limit the rights of either Party to withhold., revoke,. limit or impose conditions on the operating authorization ortechnical permission of an airline or airlines of the otherParty in accordance with the provisions of Article 7(Aviation ecurity) ."

3 . Article 6 :

Delete "and security" from the first and second sentences of paragraph (2) .

 4 . Article 7 :

 Add: "Without limiting the generality of their rights and obligations under international law" at the eginning of paragraph (3) and add the words "in particular" etween "shall" and "act" in the same sentence .

Delete the last two sentences from paragraph (4) .

Delete: "referred to in paragraph 4" from paragraph (5)

Article 8 :

Add:. "except as. may e specifically provided by the charter regulations of the country in which the charter originatesthat relate to the protection of passenger funds, andpassenger cancellation and refund rights" to the end of thefirst sentence in paragraph (4) .

 Add: "on the date the carrier makes the initial applicationfor remittance" to the end of the second sentence of paragraph (5) .

Add a new paragraph (6) : " (6) he airlines of each Party shall e permitted to pay for local expenses, includingpurchases of fuel, in the territory of the other Party inlocal currency. At their discretion, the airlines of each Party may pay for such expenses in the territory of theother Party in freely converti le currencies according to local currency regulation ."

Add a new paragraph (7) : n(7)(a) n operating or holdingout the authorized services on the agreed routes, providedthat all airlines in such arrangements 1) hold theappropriate authority and 2) meet the requirementsnormally applied to such arrangements, any designatedairline, of one Party may enter into cooperativemarketing arrangements such as locked-space, code-sharingor leasing arrangements, with

 i) an airline or airlines of either Party ; and ii) an airline or airlines of a third country, . provided that such third country authorizes or allows compara le arrangements etween the airlines of the other Party and other airlines on services to, from andvia such third country ;

 ( ) notwithstanding the proviso of ii above, if an airline of one Party holds out service between a point in the otherParty and a point in a third country by means of acode-share arrangement on any segment of that service withan airline of the other Party, the first Party mustauthorize or allow any airline of the other Party to codeshare with any airline on any segment of services etween that third country and the other Party via a point or pointsin the first Party."

6. Article 9:

 Add to paragraph (2)' a new subparagraph (d) : "(d) promotional and advertising materials introduced intoor supplied in the territory of one Party and taken onoard, within reasona le limits, for use on out ound aircraft of an airline of the other Party engaged ininternational air transportation, even when these stores areto e used on a part of the journey performed over theterritory of the Party in which they are taken on oard."

 7 . Article 10 :

Delete in its entirety and replace with the following"(1) ser charges that may e imposed by the competentcharging authorities or odies of each Party on theairlines of the other Party shall e just, reasona le, notunjustly discriminatory, and equita ly apportioned amongcategories of users . In any event, any such user chargesshall e assessed on the airlines of the other Party onterms not less favorable than the most favorable terms availa le to any other airline at the time the charges areassessed .

(2) User charges imposed on the airlines of the other Partymay reflect, but shall not exceed the full cost to the competent charging authorities or odies of providing the appropriate airport, airport environmental, air navigation,andd aviation security facilities and services at the airportor within the airport system. uch full cost may include a reasona le return on assets, after depreciation . acilities and services for which charges are made shall e provided ona efficient and economic asis .

(3) ach Party shall encourage consultations etween the competent charging authorities or odies in its territoryand the airlines using the services and facilities, andshall encourage the competent charging authorities orodies and the airlines to exchange such information as maye necessary to permit an accurate review of the reasona leness of the charges in accordance with the principles of paragraphs (1) and (2) of this Article . ach Party shall encourage the competent chargingauthorities to provide users with reasona le notice of anyproposal for changes in user charges to ena le users to express their views efore charges are made .

(4) either Party shall e held, in dispute resolutionprocedures pursuant to Article 14, to e in reach of a provision of this Article, unless (i) it fails toundertake a review of the charge or practice that is the su ject of complaint by the other Party within a reasona le amount of time or (ii) following such a review it fails totake all steps within its power to remedy any charge ofpractice that is inconsistent with this Article ."

8 .. Article 11 : Delete paragraph (2) .

9. . Article 12 :

Amend su paragraph-(1)(a) to read .: "(a) prevention of unreasona ly discriminatory prices or practices ;:"

Substitute : "30 days" for "45 days" in paragraph (2) .

Delete: "for passenger services and 60 days for cargoservices" from the end of the second sentence in paragraph(2)

Add: "except as may e required on a non-discriminatoryasis for information purposes" to the end of the last sentence of paragraph (2) .

Delete paragraph (4) .

10 .. Article 13 :

Amend to read in its entirety as follows :

"Intermodal services : Notwithstanding any other provision of this Agreement, airlines and indirect providers of cargo transportation of oth Parties shall be permitted, withoutrestriction, to employ in connection with international air transportation.any surface transportation for cargo to orfrom any points in the territories of the Parties or inthird countries, including transport to and from all airports with customs facilities, and including, whereapplica le, the right to transport cargo in ond under applica le laws and regulations . uch cargo, whether movingy surface or by air, shall have access to airport customsprocessing and facilities . Airlines may elect to performtheir own surface transportation or to provide it through arrangements with other surface carriers, including surfacetransportation operated by other airlines and indirectproviders of cargo air transportation . uch intermodal cargo services may e offered at a single, through pricefor the air and surface transportation com ined, providedthat shippers are not misled as to the facts concerning suchtransportation."

11 . Article 14: Delete

12 . Article 15 : Delete

13 . Article 17:

Add after the first sentence in paragraph (3) : "The Tribunal, once formed, may recommend interim reliefmeasures pending its final determination .."

14. Article 20:

Amend to read in its entirety as follows : " If, after entryinto force of this Agreement, oth Parties ecome Party to amultilateral agreement that addresses matters covered ythis Agreement, they shall consult to determine whether thisAgreement should e revised to take into account the multilateral agreement ."

15. Annex: I:

Amend Section 1 to read in its entirety as follows :

" Section 1

Airlines of each Party designated under this Annex shall,in accordance with the terms of their designation, be entitled to perform scheduled international airtransportation between points on the following routeso

"A.. Routes for the airline or airlines designated by thegovernment of the United States of America :

From points behind the nited tates via the nited tates and intermediate points to a point or points in . Belgium and beyond.

 B. Routes for the airline or airlines designated by the government of Belgium :

From points behind Belgium via Belgium and intermediate points to a point or points in the nited tates and eyond."

Amend Section 2 in its entirety to read as follows : " Section 2 operational flexibility ach designated airline may, on any or all flights and at its option :

1 . Operate flights in either or oth directions ;

2. Combine different flight num ers within one aircraft operation ;

3 . Serve points on the routes in any com ination and in anyorder (which may include serving intermediate points aseyond points and eyond points as intermediate points) ;

4 .Omit stops at any point or points ;

5 . Transfer traffic from any of its aircraft to any of its other aircraft at any point on the routes ; and

6 . erve points ehind any point in its territory with or without change of aircraft or flight num er and may hold out and advertise such services to the public as throughn services :

Without directional or geographical limitation and withoutloss of any right to carry traffic otherwise permissi le under this Agreement; provided that the service serves apoint in the territory of the Party designating the airline." Amend Section 3 in its entirety to read as follows :  

" Section 3 Change of Gauge

On any segment or segments of the routes a ove, any designated airline may perform international. air transportation without any limitation as to change, at anypoint on the route, in type or num er of aircraft operated ;oundthat, in the -,outd4--sction the transportation eyond such point is a continuation of the transportationfrom the territory of the Party that has designated theairline and, in the in ound direction, the transportation tothe territory of the Party that. has designated the airlineis a continuation of the transportation from eyond such point."

Delete Section 4 .

16. Annex:

Amend ections 1 and 2 to read in their entirety as follows : "

Section 1
The designated airlines of each Party shall have the rightto carry international charter traffic in passengers (andtheir accompanying aggage) and/or cargo etween any pointor points in one Party via intermediate points to any pointor points in the other Party and eyond, provided that theservice must serve a point in the territory of the Partydesignating the airline.

In the performance of service covered by this Annex, theairlines of one Party shall also have the right : (1) to makestopovers at any points whether within or outside theterritory of either Party ; (2) to carry traffic through theother Party's territory ; (3) to com ine on the same aircraft traffic originating in one Party's territory with trafficoriginating in the other Party's territory ; (4) to com ine on the same aircraft traffic originating at or destined fora point or points ehind a point in its territory with . . -Belgium traffic; and (5) to com ine on the same aircraft traffic originating at or destined for an intermediate pointor points or traffic originating at or destined for a pointor points eyond the territory of either Party with . .Belgium traffic .

Each Party shall extend favora le consideration to applications by the designated airlines of the other Partyto carry traffic not covered by this Annex on the asis of comity and reciprocity .

Section 2

Any airline designated by either Party performing international charter air transportation originating in theterritory of either Party shall have the option ofcomplying with the charter laws, regulations and rules ofeither its homeland or of the other Party . f a Party applies different rules, regulations, terms, conditions or limitations to one or more of its airlines, or to airlines of different countries, each designated airline shall e su ject to the least restrictive criteria . However, nothing in this paragraph shall limit the rights of one Party torequire airlines designated under this Annex by the other Party to adhere to requirements relating to the protectionof passenger funds and passenger cancellation and refundrights." Add to the eginning of Section 3 the following : " xceptwith respect to the consumer protection rules referred to in the preceding paragraph above, . . ."

17 . here additions are made, it is assumed that the Parties will renum er paragraphs and subparagraphs and repunctuate appropriately .

If these proposals are accepta le to the overnment of Belgium, have the further honor to propose that this note and our xcellency's note in reply shall constitute an agreementetween our two governments, which shall e provisionallyapplica le from the date of our xcellency's note and shallenter into force following written notification through thediplomatic channel by each Party that it has complied with theprocedure required by its legislation .

Accept,, Excellency, the renewed assurances of my highestconsideration."

I have the honor to inform ou that these proposals for theamendment of the 1980 Air ransport Agreement etween the nited tates and Belgium are accepta le to the overnment of Belgiumand that this note and our a ove-referenced note shall constitute an agreement etween our two overnments, which shall e provisionally applica le from. the date of this note and shall enter into force following written notification through the diplomatic channel by each Party that it has complied with the procedure required by its legislation .

Accept, Dear Mr. Secretary, the renewed assurances of my highest consideration . Patrick van Haute Charge d'Affaires of Belgium

The Honorable Warren Christopher
Secretary of State. Washington, D.C .