Οι αεροπορικές εταιρείες κάθε Συμβαλλόμενου Μέρους που έχουν διοριστεί σύμφωνα με την παρούσα Συμφωνία να λειτουργούν βάσει του παρόντος Παραρτήματος, θα έχουν το δικαίωμα να εκτελούν μη-τακτικές διεθνείς αεροπορικές μεταφορές σε διαδρομές που καθορίζονται και συμφωνούν με τα δικαιώματα που.,εκχωρούνται για τακτικές υπηρεσίες . στην παρούσα Συμφωνία.
AIR SERVICES AGREEMENT
BETWEEN
THE GOVERNMENT OF THE HELLENIC REPUBLIC
AND
THE GOVERNMENT OF NEW ZEALAND
PREAMBLE
The Government of the Hellenic Republic
and
The Government of New Zealand
Being Parties to the Convention on International Civil Aviation opened for signature at Chicago, on 7* day of December 1944;'
Desiring to promote an international aviation system based on competition among, airlines in the marketplace with minimal government interference and regulation;
Recognising that efficient and competitive international air services enhance trade, the welfare of consumers, and economic growth;
Noting the Agreement between the European Community and New Zealand, on certain aspects of air services of 21 June 2006; :■ ■
Desiring to ensure the highest degree of safety and security in international air transport and reaffirming their grave concern about acts or threats against the security . of aircraft, which jeopardise the safety of persons or property, adversely - affect, the operation of air. transport, and undermine public confidence in the safety of civil aviation; and.
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:
Definttions
For the purpose of the present Agreement, unless the context otherwise requires:
a. The .term "Aeronautical Authorities" means, in the case hf the Hellenic Republic, the Governor of the Civil Aviation Authority and any person or. body.authorized to perforin any functions at present exercised - by - the said Authority or similar functions and, in the case of New Zealand, the Minister responsible for Civil Aviation, 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■
(u) 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, its Annex attached thereto, and any Protocols or similar documents amending the present Agreement or the Annex,
d. The term "designated airline" means an airline which has been designated arid 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 Article 2 of the Convention provided that, in the case of New Zealand, the term "territory" shall exclude Tokelau,
h. The terms "air service", "international air service", "airline" and "stop for nontraffic purposes" shall have the meanings respectively assigned to them in . Article 96 of the Convention.,
i. The term "tariff means the price to be charged for the carriage of passengers, baggage and cargo and the conditions under which tiiose prices apply, including prices and conditions for agency and other, auxiliary services performed by the carrier in connection with the air transportation but excluding remuneration and conditions for the carriage of mail.,
j. The terra "user charge" means a charge niade toiairlines for-the provision,of airport, air navigation or aviation security property or facilities.
k. The term “EU Treaties’ ’means the Treaty on European Union and the Treaty on the Functioning of the European Union..
1. The term. “Member State” means a State that is now or; in the future a contracting party to the EU Treaties,
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.“
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 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 m the said territory for non traffic purposes; and ,
c- To make stops mi the said, territory at the points on the :route(s) specified in the -Route Schedule annexed to this Agreement for the puipose of taking on board and discharging international traffic in passengers, cargo and nimh separately or in combination.
2 ., . Nothing in the provisions of paragraph (1) shall be deemed to confer on the 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.‘
Designation and Authorizations
1, Each Contracting Party shall have the right to designate, and inform, through diplomatic channels the other Contracting Party, one or more airlines for the purpose of operatmg the agreed services on the specified routes, and to withdraw or alter such designations.
2. On receipt of such a designation the other Contracting Party shall grant the appropriate ' authorizations and. permissions with the minimum procedural:· delay, provided:
- a)
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■ in the case of an airline designated by the Hellenic Republic;
i, the airline is established in the territory of the Hellenic Republic under , the EU Treaties and has a valid Operating Licence from a Member State in acpordance witii European Union law;
ii. effective regulatory control of the airline is exercised and maintained by the Member State responsible for issuing its Air Operator’s Certificate and the relevant aeronautical authority is clearly identified in the designation;
iii. the airline has its principal place of business in the territory of the Member State from which it has received the Operating Licence; and iv. the airline is owned, directly or through majority ownership, and is effectively controlled by Member States and/or nationals of Member States, and/or by the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway or the Swiss Confederation and/or nationals of those other states;
- b)
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in the case of an airline designated by New Zealand;
i. it has its principal place of business and place of incorporation in New Zealand; and.
ii. New Zealand has and maintains effective, regulatory control of the .airline; and
■c) the,designated airline is qualified to meet the conditions prescribed under the laws and regulations normally applied - in confonnity with the provisions of the Convention - to the operation : of ...international air services by the Contracting Party receiving the designation.
3.- . On receipt of the operating authorization, of paragraph (2), a.designated airline may at .any time begin to operate the agreed services for which it is so designated, provided that the airline complies with the applicable provisions of this Agreement
Artieb 4
Suspension and Revocation
1. Either Contracting Party may revoke, suspend or limit the operating authorization or technical pennissions of an airline by the other Contracting Party, where/
a)·. in the case of an airline designated by the Hellenic Republic:
■ ■ i. the airline is not established hi the territory of Hellenic 'Republic 'under the EU Treaties or does' not have a valid Operating Licence from a Member State in accordance with European Union law;.or
ii. effective regulatory control of the airline is not exercised or not maintained by the Member State responsible for issuing its Air Operators Certificate, or the relevant aeronautical authority is not clearly identified in the designation; or
iii. the airline does not have its principal place of business in the territory of the Member State from which it has received the Operating Licence; or■
iv. the airline is not owned, directly or through majority ownership, or it is not effectively controlled by Member States and/or nationals of Member States, and/or by the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway or the Swiss Confederation and/or nationals of those other states; or.
v. the airline is already authorised to operate under a bilateral air service agreement between New Zealand and another Member State and New Zealand can demonstrate that, by exercising traffic rights under this Agreement on a route that includes a point in that other Member State, it would be circumventing restrictions on traffic rights imposed by that other agreement; or
vi. the airlme"designated holds an Air Operators Certificate issued by another Member State and there is no bilateral air services agreement between New Zealand and that Member State and that Member State ' has denied traffic rights to an airline designated by New Zealand;
- -
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b) in the case of an airline designated by New Zealand:
i. the airline is not incorporated or does not have its principal place of business in the territory of New Zealand;
ii. effective" regulatory control' of the airline is not maintained in New Zealand;
- c)
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such airline is unable to prove that it is qualified to fulfill the ■conditions prescribed under the laws and regulations normally and reasonably applied in conformity with the Convention to the operation of international air services by the Contracting Party receiving the designation; or
- d)
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the airline fails to . comply,with the laws and/or regulations ...of.the. Contracting Party grahting these rights: or
- e)
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the airline otherwise fails to operate in accordance with the conditions prescribed under the present Agreement.
2. Unless 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 16 of this Agreement
3. This Article doesmot.limit the - rights of either Contracting Party to vwthhold, revoke, limit or impose conditions on the operating authorisation or technical pennissions of. a designated airline of the. other Contracting Party,,an accordance with the provisions of Article 8 of this Agreement.'
Applicability of laws and regulations
1. The laws, regulations and procedures of one 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 and quarantine shall be complied with by the designated airline of the other Contracting Party and by or on behalf of its crew, passengers, cargo and mail upon transit of, admission to, while within and departure from the territory of such Contracting Party.
3. Neither Contracting Party shall give preference to its own or any other airline over a designated airline of the other Contracting Party engaged in similar international air transport in the application of its customs, immigration, quarantine and similar regulations.
4. 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 'shalhonly be subject to a simplified control. Baggage and cargo iii ' direct transit shall be exempt from customs duties and other simile taxes;
Recognition of Certificates and Licences
1, Certificates of airworthiness, certificates of competency and licences issued or. validated 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 Union, and unexpired shall be recognised as valid by the other Contracting Party, for the puipose of operating the agreed services, provided
, ..always that tire requirements under which such certificates or licences were issued or validated are equal or above the minimum standards established under 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 licences 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 licences 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 differened‘ 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 · in accordance with Article 16 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 7Aviation Safety Provisions
1. Each Contracting Party may request consultations at any time concerning safety standards maintained, in respect of an airline designated by the other Contracting Party, in any area relating to air crew, aircraft, or the operation of aircraft! Such consultations shall take place within 30 days of that request,
2. If, following such consultations, one Contracting Party finds that the safety standards in the areas referred to in paragraph (1) that are at least equal to the minimum standards established at that time pursuant to the Chicago Convention, are not being effectively mauitMiied and administered in respect ■ of airlines designated by the other Contracting Party, the first Contracting Party shall notify the otlier Contracting Party- of those findings and the steps considered necessary to confonn with the ICAO 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 obligatioris‘ 'mentioned in Article 33- of the- Chicago Convention it is agreed that any aircraft operated by or 'on behalf of the designated airline or airlines of one. Contracting Party on services to or from the territory of the other Contracting Party may, while within the territoiy,of the other Contracting Party, be made the subject of an examination by the authorised representatives 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)
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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)
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serious concerns that there is a lack of effective maintenance and administration of safety standards established at that time pursuant th the. Chicago Convention,
the Contracting Party carrying out tiie inspection shall, fori the purposes of. .Article 33 of ..the Chicago.Convention,..iU^’free to concluded that tilerequirements under which the certificates or licences in 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 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 •'airlme 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 maccordance with paragraphs (2) or (6) above shall be discontinued once the basis for the taking of that action ceases to exist
8. Where ' the Hellenic.Republic has designated an airline whose regulatory control., is.^ercised and. maintained by another European Union 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 Union Member State and. hi respect of the operatipg. authorisation of that airline,.
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 intsrferei^ce forrtis^ integral_ .,;.LPE^diu<j^^«nar05thout limiting the generaiS.Xg£>e^ghts^^aj 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 Aircrafts signed at The Hague on 16 December 1970 and' the Convention for the suppression of Unlawful Acts against the Safely 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 Pla^c Explosives for the; purpose of Detection, done at Montreal on 1 March 1991, and all other mteniatioml mstruments 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 Contracting 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 Contracting Parties; they shall require that operators of aircraft of their registry or operators of aircraft which 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 Union and have valid Operating Licences in accordance with European Union law, and the operators of airports in their territory act in conformity with such aviation security provisions.
4. 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 Union law. ‘Each Contracting Party sh^ 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 consideratioh 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 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 terminate rapidly and safely such incident or threat thereof.
6, Each Contracting Party shall take such measures as it may find practicable to ensure that an aircraft of the other Contracting Party which is subjected to an act of unlawful seizure or otlier acts of unlawful interference and which lands 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,
7·. ■ 'When a Coritracting Party has reasonable grounds to believe, that the other Contracting Party has departed from .&e.aviation.security provisions of this Article, the aeronautical authorities· of that Contracting Paly may request immediate consultations with the , aeronautical authorities -of. the other Contracting Party. Failure to reach a satisfactory agreement bn the issues involved within fifteen (15) days from the date of such request shall constitute, grounds -to withhold, revoke, limit, or impose conditions on the operating .authorisation and technical pennissions of an airline or airlines of that Contracting Party, When required to .do so by an emergency, or, to prevent. further non-compliance with the provisions of this Article, a Contracting Party may take interim action at prior to the expiry of fifteen (15) days.
Article 9 Commercial Opportunities
1. The designated airline of one. Contracting Party shall have the right to establish offices in the territory of the other Contracting . Party for the ■ promotion and sale of air transport.
2. The designated airline of one Contracting Party may, in accordance with the laws and regulations of the other Contracting Party relating to entry, residence and employment, bring in and maintain in the territoiy 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 shaU 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 iransportation in accordance with tlie 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.' 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 Contracting Party will also have the_nghUo impose the same restrictions. to the other Coniractiii^Pa^'s^line.-
6, k operating or holding out the authorized services on the agreed routes, any designated airline of one Contracting Party may enter into cooperative marketing arrangements such as joint venture, blocked space -or codesharing arrangements, with: ■',
- a)
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. an airline or airlines of either Contracting Party; and
- b)
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an airline or airlines,of a third country;, provided that all airlines in such* arrangements hold the appropriate authority to.: operate, on the routes and- segments concerned and meet the requirements normally applied to such arrangements; such as protection and information to passenger fopliability..
Each airline involved in code-sharing, arrangements shall make clear to. the . purchasers, at the. point of .sale, which airline will.actually operate each sector. ,,of the service and with which airline/or airlines the purchaser is entering into. contractual relationship.. . - Each code-sharing frequency operated by the designated airlines of either country will count as one (1) frequency,, whereas the code-sharing services of. the marketing carrier will not be counted as a frequency. All code-share arrangements shall have the prior approval of the appropriate aeronautical authorities at least 30 days before implementation,.
7, ^he’designated air carriers of each Contracting Party shall be entitled to . provide the agreed services using aircraft leased with or without crew from any air carrier, including from third countries, provided that all participants in such arrangements meet the conditions prescribed under the laws and regulations normally applied by the Contracting Parties to such arrangements, all necessary approvals have been issued before the intended operations and theycomply with Article 7 and Article 8 of this Agreement.
Neither Contracting Party shall require the air carriers leasing out their equipment to hold traffic rights under this Agreement.
The leasing.with crew (wet-leasing^ of an aircraft of an air carrier of a third country, by the designated air carriers of each Contracting Party, in order to exploit the rights set out in this Agreement,- shall remain exceptional or meet.· temporary needs, provided that the air carrier of such third country is not prohibited to operate in the European Union and/or New Zealand. It shall be . submitted for prior approvai to competent auhtorities of both the lessor and the and to the competent authority of the other Contracting Party to where it is intended to operate-the wet-leased aircraft.
8. Subject .to the laws and regulations of each Contracting Party, · including, in the case of the Hellenic Republic, European Union law, each designated airline shall have in the. territory of the other Contracting ?^ the right to perform its own ground, handling (“self-handling”) or, at its option, the right to select among competing suppliers that provide ground handling services in whole or. in part. Where such laws and regulations limit or preclude self-handling and where there is no effective competition between suppliers that provide ground handling services, each designated airline shall be treated on a non- discriminatory. basis as.regards ,,their access to self-handling and.,,grou^ handling service's provided by a supplieFor suppliers.
9. The designated airlmefs) of each Contracting Party shall be permitted to employ, in connection wth air transport of passengers and cargo, any intermodal transport to or from any point in the territory of the other Contracting Party. Such airline(s) may elect to perform their own intermodal transport or to provide it through arrangements, including code, share, with' other carriers. The intermodal services may he offered as a through sendee arid at a'single price for tlie air and intermodal transport combined, provided that passengers “d shippers 'are informed as to the providers' of .such transportation.
TO. On any international segment or segments of the agreed routes, a'riesignrited ' "airline, may perform international air transportation without any limitation .as’ to change, at any point on the route, in t^' or number of aircrafr operated; provided that the transportation, in the outbound direction, beyond such point . is a contmuatiriri^ of the transportation from the territory of the Contracting Party that has designated the airline and, in the inbound direction, the transportation to the territory of the Contracting Party that has designated the airline is a continuation of the transportation from beyond such point.
Article 10 Exemption from customs duties and taxation
1. Each Contracting Party shall, on the basis of reciprocity, exempt the designated airline of the other Contracting Party under its relevant applicable legislation from import restrictions, customs duties, other taxes, excise duties 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 grourid equipment miroduced in the temtofy 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, "tickei stock, air way bills and usual publicity material distributed without charge by that.designated airline, under its relevant applicable law.
2. The exemptions granted by this Article shall apply to the items referred to in .pa.iAgraph(l) of this Article: , a) introduced in the territory of one Contracting Party by or · on behalf of the designated airline of the other Contradtmg P.arty;_ b) retained on board aircraft, of the designated airline "of 'one Contracting^ Party upon arriving in or leaving the territory of the other Contracting·
- c)
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takeri 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 without the payment of the relevant customs duties and
-* taxes.
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 reexported or otherwise disposed.of in accordance with the customs provisions 'in force,
4. Nothing in this Agreement shall prevent the Hellenic Republic from imposing, on a non- discriminatory basis, taxes, levies, duties, fees' orlcharges on fuel supplied in its territory for use in an aircraft of a designated airline of the other. Contracting. Party timtOperates between a point: in the territory of the Hellenic Republic and another point in the territory of the Hellenic Republic or in the. territory of another European Union Member State,
Fair Competition
1. The Contracting Parties acknowledge that it is their joint objective to have a 'fair and competitive environment and fair and equal opportunity^ for the airlines of both Contracting Parties to compete in operating the agreed services on the Specified routes. Therefore, the Contracting Parties shall take all appropriate measures to ensure the full enforcement of this obj ective.
2. The Contracting Parties shall inform each other about their competition laws, policies and practices or changes thereto, and any particular objectives thereof, which could affect the operation of air transport services under this Agreement and shall identify the authorities responsible for their implementation.
3. The Contracting Parties share the objectives of compatibility of Competition law and of its effective application.
4. The Contracting Parties shall to .the extent permitted under their own laws and regulations, -assist., each other’s airlines ,by providing guidance as to the compatibility of any proposed airline practice with their competition laws and policies.■'.
5, . If one Contracting Party belieyes·that its· designated '^lines are being subjected to discrimination or mifair practices tliat would adversely affect or is adversely affecting - the.-fair.and equal· ;opportunity of the airlines of the first Contracting Party to compete in providing the air services governed by this Agreement, it may request consultations and notify the other Contracting Party of the reasons for its dissatisfaction. These consultations shall be held,not later than (15) days after the receipt of the request.
6. If the Contracting Parties fail to reach a resolution of the problem through consultations, either Contractu:^ Party may invoke the dispute resolution mechanism under Article 18 of this Agreement to resolve the dispute.
User Charges
1, 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.
■ 2. Each Contracting Party shall encourage consultations on.user charges betweenits competent charging authority or airport or air navigation service provider and airlines using the service and facilities provided by those charging authorities or service provider, 'where practicable through those dirlinesf representative organizations. Reasonable notice of any proposals'fdr changes in user ' charges should be given to such users to enable them to express their- views before changes are made.' Each ' Coritracting Party shall further encourage its competent charging authority or service provider and such users to exchange appropriate information concerning user charges:
Capacity Regulations and Approval of Timetables
1. The designated airlines of the Contracting Parties shall be afforded fair and ■■ ' equal opportunity to compete in operating the agreed services on the specified routes.
2. Each Contracting Party shall take all appropriate action within its jurisdiction to eliminate all forms of discrimination and anti-competitive or predatory' practices in the exercise of the rights set out in this Agreement,
3. In operating the agreed services the designated airlines of each Contracting Party shall talie into account the interests of the designated airlines of the other Contracting Party so as not to affect unduly the services which the latter provide on the whole or part of the same routes.
4; - The agreed services provided by the designated airlines of the Contracting Parties shall have as their primary objective the provision, at a reasonable load factor, of capacity adequate to carry the current arid reasonably anticipated requirements for carriage of passengers, cargo and mail between the territory of the Contracting Party designating the airline and the territory of the other Contracting Party.
5. Provision for the carriage of passengers; cargo arid mail both talcen 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 two Contracting Parties,
6. The capacity to be provided by the designated airlines of the Contracting Parties on the agreed services shall be agreed upon by the Aeronautical Authorities.
7. In case of disagreement between the Contracting Parties, the issues referred to in paragraph (5) above shall be settled in accordance with the provisions of Article 16 of this Agreement. Until such agreement has been reached, the capacity provided by the designated airlines shall remain unchange'd.
8. The designated airlines of each Contracting Party shall, if requested, submit for approval to the Aeronautical Authorities of the other Contracting Party not later dian thirty days prior to the introduction of services on the spwified routes the flight timetables. This shall,, likewise, apply to later changes. In special cases, this time .limit may be reduced subject to the approval of the said. Authorities.
Air Transport Tariffs
1. The tariffs in respect of international air services operated to/from/through the territory of either Contracting Party shall be established by the designated airline at reasonable levels, due regard being paid to all relevant factors, -mettiding cost of operation, reasonable profit and other commercial considerations in the marketplace.
2. The tariffs established under paragraph (1) above shall not be required to be filed by the designated airlines of one Contracting Party with the aeronautical authorities of the other Contracting Party. Notwithstanding this, each Contracting Party shall have the right to intervene so as to:
- a)
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prevent unreasonably discriminatory prices or practices;
- b)
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protect consumers from prices that are unduly high or restrictive due to the abuse of a dominant positionrand- ——— —_ — -
- c)
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protect airlines from prices that are artificially low due to subsidy or simnnri
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 airlines 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 16 Consultations.
1. Each Contracting Party or its Aeronautical Authorities may at any time request consultations with the other Contracting Party or with its Aeronautical Authorities,
2. A consuitation requested-., by one of.,:the Contracting Parties or their Aeronautical^ Authorities; shall begin within a..period of sixty; (60) days from the date of receipt of the request'’‘
Amendment
1. If either Contracting Party considers it desirable to modify any provision of this Agreement, it shall request consultations in accordance with the provisions of Article 16 ofthis Agreement.■
2, Any modification to this Agreement shall enter,into force when the two Contracting Parties have notified each other through diplomatic channels of the fulfillment of their internal legal procedures relating to the conclusion and the entering into force of international agreements.
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 die Contracting Parties fail to reach a settlement pursuant to paragraphs (.1) and (2) above, the dispute may be referred by mutual agreement’ of the Parties to a Tribunal of three arbitrators. 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 ; al notice, , through
. diplomatic channels, requesting arbitration of the dispute, by. such a Tribunal' and the two arbitrators so appointed shall designate by common agreement the third arbitrator, who shall be the President of the Tribunal within a further period of sixty (60) days. If either of the Contracting Parties fails to nominate its arbitrator within the period specified or if the third arbitrator has not been nominated 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 tlie Council of the International Civil Aviation Organization is a national..of^either Cont^ting Party, the senior Vice-President of the Codicil ofif he'issuch a'hati0hal,‘the Senior Member of the Council \<ho is not 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,
5. The expenses of the Tribunal shall be shared equally between the Contracting Parties,.
6. The 'Contracting Parties undertake to comply with any decision delivered in application of the present Article,'
7. 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 which it has granted by virtue of this Agreement.
Termination
'Eithcr Conbacting Party may at any time give written notice to the other Contracting Party of its intention to terminate 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 Contractile Party, unless the notice to terminate 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.
Conformity with?Multilateral Conventions
If a general multilateral air transport convention or agreement, comes into force In respect of both Contracting Parties, the present Agreement and its Annex shall be deemed to be amended accordingly. ■■
Registration
This Agreement, its; Annex and all amendments thereto shall be registered wth the International Civil Aviation Organization',;
Entry into Force
This Agreement shall enter into force on the date of the exchange, through diplomatic channels, of written notifications between the Contracting Parties ^informing each other of the completion of their relevant internal legal procedures necessary to this end,
In witness thereof, the undersign^ plenipotentiaries being duly authorized by_ their respective Governments have signed the present Agreement,
Done at Leipzig in two authentic copies, this language,'
For the Government of the Hellenic Republic
For the Government ofNew Zealand
Theopisti Perka
Secretary General of Infrastructure, Transport and Networks
ANNEX
.
Section 1
ROUTE SCHEDULE
Designated Airlines of each Contracting Party shall he entitled to perform scheduled international air transportation between points on the following routes:
A.- Routes to be operated by the designated airlines of New Zealand
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Points Of Origin■
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Intermediate . Points
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Points of Destination
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=Beyond; Points
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Points in New Zealand
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Any Points
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Any Points in the HeUenic Republic
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Any Points
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B,- Routes to be operated by the designated airline(s) of the Hellenic Republic
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Points OfjDrigin -
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Intermediate Points
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Points of Destination
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Beyond Points‘
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Points in the Hellenic Republic
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Any Points
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Any Points in New Zealand
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Any Points
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Section 2
Operational Flexibility
The designated airline of either Contracting Party may, on any or all flights and at its option:.
1, Operate flights in either or both directions;
2. Combine different flight numbers within one aircraft operation;
3. Serve behind, mtemiediate, and beyond points and points in the territories of the Contracting Parties on the routes in any combination and in any order;
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. -Serve points behind any point in its territory with or without change of aircraft or flight number and may hold out and advertise such services to the public as through services;
without directional or geographic limitation and without loss of. any right to carry traffic otherwise permissible under this Agreement; provided that, with the exception of all-cargo services, the service serves a point in the territory of the Contracting Party designating the airlines.
Mon-Scheduled International Air Transport
Airlines of each Contracting Party designated pursuant to this Agreement to operate under this Annex shall have the right to operate noil-scheduled international air transport over the routes specified and in accordance with the rights granted for scheduled services in this Agreement.
Άρθρο δεύτερο
Μετακινήσεις μαθητών που συμμετέχουν στιςπανελλαδικές εξετάσεις
1.
Στους υποψηφίους για τις εξετάσεις εισαγωγής στην τριτοβάθμια εκπαίδευση, οι οποίοι αποφοιτούν το έτος συμμετοχής τους στις εξετάσεις αυτές και εξετάζονται σε άλλη σχολική μονάδα από αυτή που κατέθεσαν αίτηση/δήλωση συμμετοχής επειδή το σχολείο αυτό δεν χρησιμοποιείται ως εξεταστικό κέντρο κατά τη διεξαγωγή των εξετάσεων, μπορεί να καλύπτονται τα έξοδα μετακίνησης, διαμονής και διατροφής αυτών και ενός συνοδού τους. Η αποζημίωση αυτή καταβάλλεται εφόσον η απόσταση του σχολείου υποβολής της αίτησης/ δήλωσης συμμετοχής στις εξετάσεις και του εξεταστικού κέντρου, καθώς και οι συγκοινωνιακές συνθήκες επιβάλλουν τη διαμονή τους στην έδρα του σχολείου που εξετάζονται. Η σχετική δαπάνη βαρύνει τον προϋπολογισμό του Υπουργείου Παιδείας, Έρευνας και Θρησκευμάτων. Με κοινή απόφαση των Υπουργών Οικονομικών και Παιδείας, Έρευνας και Θρησκευμάτων, που δημοσιεύεται στην Εφημερίδα της Κυβερνήσεως, καθορίζονται οι ειδικότερες κατηγορίες δικαιούχων, οι όροι, οι προϋποθέσεις, οι διαδικασίες, καθώς και το ύψος των καλυπτόμενων ημερησίως δαπανών ανά υποψήφιο και συνοδό και κάθε αναγκαία λεπτομέρεια για την εφαρμογή της παρούσας διάταξης.
2.
Η παρ. 6 του άρθρου 1 του Ν. 2909/2001 (Α΄ 90) καταργείται.
Άρθρο τρίτο
Συνίσταται, στην Τράπεζα της Ελλάδος, ειδικός λογαριασμός για την αρωγή των προσφύγων. Η διαχείριση του ειδικού λογαριασμού διενεργείται, κατά παρέκκλιση των ισχυουσών διατάξεων περί δημοσίου λογιστικού, κρατικών προμηθειών, δημοσίων επενδύσεων, ανάθεσης μελετών, σύναψης συμβάσεων, καθώς και κάθε άλλης γενικής ή ειδικής διάταξης.
Με απόφαση του Υπουργού Οικονομικών καθορίζονται τα όργανα και ο τρόπος διαχείρισης του λογαριασμού και κάθε άλλη σχετική λεπτομέρεια για τη λειτουργία του.
Άρθρο τέταρτο
Ρύθμιση θεμάτων λειτουργίας και χρηματοδότησηςτης εταιρείας «ΚΤΙΡΙΑΚΕΣ ΥΠΟΔΟΜΕΣ ΑΕ»
1.
Στην παρ. 2.2 τον άρθρου 132 του Ν. 4199/2013 (Α΄ 216), μετά την περίπτωση α΄ προστίθεται υποπερίπτωση αα΄ ως εξής:
«(αα) Να επιχορηγείται και από το Ταμείο Χρημα- τοδοτήσεως Δικαστικών Κτιρίων «ΤΑ.Χ.ΔΙ.Κ.» για την κατασκευή, συντήρηση - επισκευή κτιρίων και εξοπλισμό αυτών που καλύπτουν αποκλειστικά τις υπηρεσίες αρμοδιότητας του Υπουργείου Δικαιοσύνης, Διαφάνειας και Ανθρωπίνων Δικαιωμάτων. Η επιχορήγηση πραγματοποιείται με βάση τον προϋπολογισμό μελέτης έργου, που εκπονεί η εταιρεία «ΚΤΙΡΙΑΚΕΣ ΥΠΟΔΟΜΕΣ ΑΕ» και συνοδεύεται από πρόγραμμα χρηματορροών, που περιλαμβάνει το ποσό της προκαταβολής και τις τμηματικές καταβολές μέχρι και την εξόφληση του συμβατικού τιμήματος και τυχόν αδιάθετο ποσό της επιχορήγησης αποδίδεται στο «ΤΑ.Χ.ΔΙ.Κ..».
2. Στην παρ. 2 του άρθρου 132 του Ν. 4199/2013 (Α΄ 216) η παράγραφος 2.3 αναριθμείται ως 2.4 και προστίθεται νέα 2.3 ως εξής:
«2.3. Για την κάλυψη αναγκών σε κτιριακές εγκαταστάσεις και εξοπλισμό των κάθε είδους υπηρεσιών του Υπουργείου Δικαιοσύνης, Διαφάνειας και Ανθρωπίνων Δικαιωμάτων, του Υπουργείου Υγείας και του Υπουργείου Παιδείας, Έρευνας και Θρησκευμάτων και των εποπτευόμενων νομικών προσώπων, υποβάλλεται έγγραφο του αρμόδιου υπουργού προς την εταιρεία «ΚΤΙΡΙΑΚΕΣ ΥΠΟΔΟΜΕΣ ΑΕ», προκειμένου να γίνει σχετική ένταξη στο πρόγραμμα και τον προϋπολογισμό της εταιρείας. Ειδικώς για τις ανάγκες της σχολικής στέγης και του εξοπλισμού των δημόσιων σχολείων η εταιρεία διαμορφώνει το πρόγραμμά της λαμβάνοντας υπόψη τις προτάσεις των δήμων στα πλαίσια των αρμοδιοτήτων τους». 3. Στην παρ. 6 του άρθρου 132 του Ν. 4199/2013 (Α΄ 216) προστίθενται νέες παράγραφοι 6.6. και 6.7. ως εξής:
«6 .6. Υπόλοιπα των επιχορηγήσεων του «ΤΑ.Χ.ΔΙ.Κ.» προς τη «ΘΕΜΙΣ ΚΑΤΑΣΚΕΥΑΣΤΙΚΗ ΑΕ» , που περιήλθαν στην «ΚΤΙΡΙΑΚΕΣ ΥΠΟΔΟΜΕΣ ΑΕ» μετά τη συγχώνευσή της με αυτή, τα οποία έμειναν αδιάθετα μέχρι τη δημοσίευση του παρόντος, παραμένουν σε αυτή για να χρησιμοποιηθούν για την κάλυψη αναγκών των υπηρεσιών αρμοδιότητας του Υπουργείου Δικαιοσύνης, Διαφάνειας και Ανθρωπίνων Δικαιωμάτων, είναι δε νόμιμη η πραγματοποιηθείσα χρήση τους για τον ίδιο σκοπό.
6. 7. Η κυριότητα του κινητού εξοπλισμού της εταιρίας «ΘΕΜΙΣ ΚΑΤΑΣΚΕΥΑΣΤΙΚΗ ΑΝΩΝΥΜΗ ΕΤΑΙΡΙΑ», που περιήλθε στο «ΤΑ.Χ.ΔΙ.Κ» σύμφωνα με τη διάταξη της παρ. 1 του άρθρου 112 του Ν. 4055/2012, περιέρχεται στο Υπουργείο Δικαιοσύνης, Διαφάνειας και Ανθρωπίνων Δικαιωμάτων για την εξυπηρέτηση των αναγκών των υπηρεσιών του και των εποπτευομένων από αυτό νομικών προσώπων, με εξαίρεση τον ηλεκτρονικό, μηχανογραφικό εξοπλισμό και τα αυτοκίνητα με αριθμούς κυκλοφορίας ΙΗΙ 5505 SKODA OCTAVIA και ΙΗΕ 1055 AUDI Α4 που περιέρχονται στην κυριότητα της εταιρείας «ΚΤΙΡΙΑΚΕΣ ΥΠΟΔΟΜΕΣ ΑΕ.»».
Άρθρο πέμπτο
Η παρ. 4 του άρθρου 43 του Ν. 2773/1999 (Α΄ 286) καταργείται.
Άρθρο έκτο
Τροποποίηση του Ν.
2960/2001 (Α΄ 265)«Εθνικός Τελωνειακός Κώδικας και άλλες διατάξεις»
Στην παρ. 1 του άρθρου 78 του Ν. 2960/2001 προστίθεται περίπτωση ιβ΄ με το εξής περιεχόμενο:
«ιβ) Από 1.1.2016, το φυσικό αέριο της περίπτωσης ιη΄της παραγράφου 1 του άρθρου 73 που παραλαμβά- νεται από βιομηχανίες ή βιοτεχνίες και προορίζεται να χρησιμοποιηθεί αποκλειστικά ως πρώτη ύλη για την παραγωγή των προϊόντων τους, εξαιρουμένων των ενεργειακών προϊόντων».
Με κοινή απόφαση των Υπουργών Οικονομικών και Περιβάλλοντος και Ενέργειας καθορίζονται οι ειδικότεροι όροι, οι προϋποθέσεις, οι διαδικασίες, οι απαιτούμενοι έλεγχοι, καθώς και κάθε άλλη αναγκαία λεπτομέρεια για την απαλλαγή από τον ειδικό φόρο κατανάλωσης του φυσικού αερίου, σύμφωνα με την περίπτωση αυτή.
Εξαιρούνται της απαλλαγής οι επιχειρήσεις με ληξιπρόθεσμες οφειλές προς τους φορείς κοινωνικής ασφάλισης και τους εργαζομένους.»
Άρθρο έβδομο
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 22 αυτής.