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| Agreement between the Government of the People's Republic of China and the Government of the United Arab Emirates relating to Civil Air Transport | | 中华人民共和国政府和阿拉伯联合酋长国政府民用航空运输协定 |
(Signed on September 14, 1989; effective on August 15, 1990) | |
（签订日期１９８９年９月１４日 生效日期１９９０年８月１５日） |
The Government of the People's Republic of China and the Government of the United Arab Emirates, hereinafter referred to as "the Contracting Parties"; | |
中华人民共和国政府和阿拉伯联合酋长国政府,以下称为“缔约方”; |
Desiring to facilitate friendly contacts between their two peoples, and develop mutual relations between the two countries in the field of civil aviation; | |
为了便利两国人民之间的友好往来,发展两国民用航空方面的相互关系: |
Have agreed on the establishment and operation of scheduled air services between and beyond their respective territories as follows: | |
就建立和经营两国领土间及其以远地区的定期航班,达成协议如下: |
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| ARTICLE 1 DEFINITIONS | | 第一条定义 |
For the purpose of this Agreement, unless the context otherwise requires: | |
除非文中另有需要,本协定中: |
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| a) the term "aeronautical authorities" means, in the case of the People's Republic of China, the Civil Aviation Administration of China, and in the case of the United Arab emirates, the Minister of Communication, or in both cases any other person or agency authorized to perform the functions presently exercised by the said authorities; | | (一)“航空当局”,中华人民共和国方面指中国民用航空局,阿拉伯联合酋长国方面指交通部长,或双方均指受权执行上述当局目前所行使的职能的任何个人或机构。 |
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| b) the term "airline" means any air transport enterprise offering or operating international air services; | | (二)“空运企业”,指提供或经营国际航班的任何航空运输企业。 |
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| c) the term "air service" means any scheduled air service performed by aircraft for the public transport of passengers, baggage, cargo or mail; | | (三)“航班”,指以飞机从事旅客、行李、货物或邮件的公共运输的任何定期航班。 |
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| d) the term "international air service" means an air service which passes through the air space over the territory of more than one state; | | (四)“国际航班”,指飞经一个以上国家领土上空的航班。 |
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| e) the term "stop for non-traffic purposes" means a landing for any purpose other than taking on or discharging passengers, baggage, cargo or mail; | | (五)“非运输业务性经停”,指任何目的不在于上下旅客、行李、货物或邮件的降停。 |
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| f) the term "capacity" means: | | (六)“运力”, |
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| (1) in relation to an aircraft, the payload of that aircraft available on a route or section of a route. | | 1.就飞机而言,指该飞机在航线或航段上可提供的商务载量。 |
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| (2) 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 section of a route. | | 2.就规定航班而言,指飞行这一航班的飞机的运力乘以该飞机在一定的时期内在航线或航段上所飞行的班次。 |
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| g) the term "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 service, but excluding remuneration or conditions for the carriage of mail; | | (七)“运价”,指为运输旅客、行李和货物所支付的价格以及采用这些价格的条件,包括提供代理和其他附属服务的价格和条件,但不包括运输邮件的报酬或条件。 |
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| h) the term "Schedule" means the Route Schedule annexed to this Agreement or as amended in accordance with the provisions of Article 17 of the Agreement. The Schedule forms an integral part of this Agreement and all references to the Agreement shall include references to the Schedule except where otherwise provided. | | (八)“航线表”,指本协定所附的航线表或根据本协定第十七条的规定所修改过的航线表。该表构成本协定的组成部分。除另有规定外,对本协定的一切援引应包括对该航线表的援引。 |
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| ARTICLE 2 GRANT OF RIGHTS | | 第二条授权 |
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| 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 route(s) specified in the Schedule (hereinafter called "the agreed services" and "the specified route(s)" respectively). | | 一、缔约一方给予缔约另一方以本协定规定的权利,以使其指定空运企业在航线表规定的航线上建立和经营国际航班(以下分别称为“规定航线”和“协议航班”)。 |
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| 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 rights: | | 二、在不违反本协定规定的情况下,缔约一方指定空运企业在规定航线上经营协议航班时,应享有下列权利: |
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| a) to fly without landing across the territory of the other Contracting Party along the air routes prescribed by the aeronautical authorities of the other Contracting Party; | | (一)沿缔约另一方航空当局规定的航路不降停飞越缔约另一方领土; |
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| b) to make stops for non-traffic purposes in the said territory, at points to be agreed upon between the aeronautical authorities of both Contracting Parties; and | | (二)在上述领土内缔约双方航空当局协议的地点作非运输业务性经停;和 |
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| c) to make stops at the point(s) on the route(s) specified in the Schedule for the purpose of taking on board and discharging international traffic in passengers, baggage, cargo or mail either separately or in combination. | | (三)在航线表规定的航线上的地点经停,单项地或混合地上下国际旅客、行李、货物和邮件。 |
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| 3) Nothing in paragraph (2) of this Article shall be deemed to confer on the designated airline of one Contracting Party the privilege of taking on board, in the territory of the other Contracting Party, passengers, cargo and mail carried for hire or reward and destined for another point in the territory of the other Contracting Party. | | 三、本条第二款的规定,不应被认为缔约一方的空运企业有权在缔约另一方领土内为出租或取酬装上以该缔约方另一地点为目的地的旅客、货邮和邮件。 |
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| 4) In case the designated airline of one Contracting Party desires to operate an additional flight or a charter flight on the specified route, it shall submit an application to the aeronautical authorities of the other Contracting Party, and the flight can be operated only after approval has been obtained. The said application shall be submitted not later than seventy-two hours before the take-off of such flight. | | 四、缔约一方指定空运企业如欲在规定航线上作加班或包机飞行,应向缔约另一方航空当局提出申请,获得批准后方可飞行。此项申请至迟应在飞机起飞七十二小时以前提出。 |
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| ARTICLE 3 REVOCATION OF OPERATING AUTHORIZATION | | 第三条经营许可的撤销 |
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| 1) Each Contracting Party shall have the right to revoke or suspend the operating authorization already granted to the designated airline of the other Contracting Party, or to impose such conditions as it may deem necessary on the exercise by the said designated airline of the rights specified in Article 2 of this Agreement, in any of the following cases: | | 一、在下列任一情况下,缔约一方有权撤销或暂停业已给予缔约另一方指定空运企业的经营许可,或对该指定空运企业行使本协定第二条规定的权利,规定它认为必要的条件: |
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| a) where it is not satisfied that the substantial ownership and effective control of that airline are vested in the Contracting Party designating the airline or its nationals, or | | (一)如它对该空运企业的主要所有权和有效管理权是否属于指定该空运企业的缔约方有疑义;或 |
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| b) where that airline fails to comply with the laws and regulations of the Contracting Party granting these rights, or | | (二)如该空运企业不遵守给予其权利的缔约方的法律和规章;或 |
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| c) where that airline otherwise fails to operate in accordance with the conditions prescribed under this Agreement. | | (三)如该空运企业在其他方面没有按照本协定规定的条件经营。 |
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| 2) Unless immediate revocation, suspension or imposition of the conditions mentioned in paragraph (1) of this Article is essential to prevent further infringements of laws and regulations, such right shall be exercised only after consultation with the other Contracting Party. | | 二、除非本条第一款所述的撤销、暂停或规定条件必须立即执行,以防止进一步违反法律和规章,否则这种权利只能在与缔约另一方协商后方可行使。 |
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| ARTICLE 4 PROVISION OF TECHNICAL SERVICES AND RATE OF CHARGES | | 第四条提供技术服务和费率 |
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| 1) Each contracting Party shall designate in its territory regular airport and alternate airport to be used by the designated airline of the other Contracting Party for the operation of the agreed services, and shall provide that airline with such communications, navigational, meteorological airline with such communications, navigational, meteorological and other auxiliary services, in its territory as are required for the operation of the agreed services where necessary. Detailed arrangements relating to the above shall be agreed between the aeronautical authorities of both Contracting Parties. | | 一、缔约一方应在其领土内指定供缔约另一方指定空运企业经营协议航班所使用的主用机场和备降机场,并向该空运企业提供飞行协议航班所需的通信、导航、气象和其他附属服务。关于上述的具体办法应由缔约双方航空当局协商确定。 |
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| 2) The designated airline of each Contracting Party shall be charged for the use of airports, facilities and technical services of the other Contracting Party at fair and reasonable rates prescribed by the appropriate authorities of the other Contracting Party. Such rates shall not be higher than those paid by airlines of other States engaged in international air services for the use of similar facilities and services. | | 二、缔约一方指定空运企业使用缔约另一方的机场、设备和技术服务应按缔约另一方有关当局规定的公平合理的费率付费。这些费率不应高于从事国际航班飞行的其他国家空运企业使用类似设施和服务所付的费率。 |
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| ARTICLE 5 CUSTOMS DUTIES AND OTHER CHARGES | | 第五条关税和其他费用 |
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| 1) Aircraft operated on international air services by the designated airline of one Contracting Party, as well as their regular equipment, spare parts, supplies of fuels, oils (including hydraulic fluids), lubricants, and aircraft stores (including food, beverages and tobacco) on board such aircraft shall be exempt from all customs duties, inspection fees and other duties or charges on arriving in the territory of the other Contracting Party, provided such equipment and supplies remain on board the aircraft up to such time as they are re-exported. | | 一、缔约一方指定空运企业飞行国际航班的飞机,以及留置在机上的正常设备、零备件、燃料、油料(包括液压油)、润滑油和机上供应品(包括食品、饮料和烟草),在进入缔约另一方领土时,应豁免一切关税、检验费和其他税捐或费用,但这些设备和物品须留置在飞机上直至再次运出。 |
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| 2) Supplies of fuels, oils (including hydraulic fluids), lubricants, spare parts, regular equipment and aircraft stores introduced into the territory of each Contracting Party by or on behalf of the designated airline of the other Contracting Party or taken on board the aircraft operated by such designated airline and intended solely for use in the operation of international air services shall be exempt from all duties and charges, including customs duties and inspection fees imposed in the territory of the first Contracting Party even when those supplies are to be used on the parts of the journey performed over the territory of the Contracting Party in which they are taken on board. The materials referred to above may be required to be kept under customs supervision or control. | | 二、缔约一方指定空运企业运入或代表该企业运入缔约另一方领土的、只供飞行国际航班使用的燃料、油料(包括液压油)、润滑油、零备件、正常设备和机上供应品,或装上该企业的飞机的上述物资,即使在装机的缔约方领土内的航段上使用,应豁免所有税收和费用,包括缔约另一方领土内所征收的关税和检验费。上述物资应交海关监管。 |
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3) The regular airborne equipment, spare parts, aircraft stores, and supplies of fuels, oils (including hydraulic fluids), and lubricants 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, who may require that those materials be placed under their supervision and control up to such time as they are re-exported or otherwise disposed of in accordance with customs regulations.
．．．．．． | | 三、留置在缔约任何一方飞机上的机上正常设备、零备件、机上供应品、燃料、油料(包括液压油)和润滑油,只能在缔约另一方海关当局同意后,方可在缔约另一方领土内卸下。该当局可要求将这些物品置于他们监管之下,直至再次运出,或按海关规定另作处理。
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