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| The Government of the People's Republic of China and the Government of the Republic of Bulgaria (hereinafter referred to as "the Contracting Parties"); Being Parties to the Convention on International Civil Aviation opened for signature at Chicago on the 7th day of December, 1944; Desiring to facilitate friendly contacts between their two peoples, and develop mutual relations between the two countries in the field of civil aviation; Have agreed on the establishment and operation of airtransportation between their respective territories as follows: | | 中华人民共和国政府和保加利亚共和国政府(以下简称“缔约双方”);作为一九四四年十二月七日在芝加哥开放签字的《国际民用航空公约》的参加国;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;就建立和经营两国领土之间及其以远地区的航班,达成协议如下: |
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| ARTICLE 1 nbsp; Definitions | | 第一条定义 |
For the purpose of this Agreement and its Annex, unless the context otherwise requires; | |
除非文中另有规定,本协定及其附件中: |
(a) the term "aeronautical authorities" means, in the case of the People's Republic of China, the General Administration of Civil Aviation of China, and in the case of the Republic of Bulgaria, the Ministry of Transport Civil Aviation Authority, of in both cases any other person or body duly 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总局,保加利亚共和国方面指交通部-民航局,或者两者均指受权执行上述当局目前所行使的任何职能的任何个人或者机构; |
(b) the term "airline" means any air transport enterprise offering or operating international air services: | |
(二)“空运企业”,指提供或者经营国际航班的任何航空运输企业; |
(c) the term "designated airline" means an airline which has been designated and authorized in accordance with Article 3 of this Agreement: | |
(三)“指定空运企业”,指根据本协定第三条规定经指定和授权的空运企业; |
(d) the term "air service" means any scheduled air service performed by aircraft for the public transport of passengers, baggage, cargo or mail; | |
(四)“航班”,指以航空器从事旅客、行李、货物或者邮件公共运输的任何定期航班; |
(e) the term "international air service" means an air service which passes through the air space over the territory of more than one state; | |
(五)“国际航班”,指飞经一个以上国家领土上空的航班; |
(f) the term "territory" means the land area, territorial sea and inland water and air space above them under the sovereignty of a state; | |
(六)“领土”,指一个国家主权支配下的陆地、领海和内水及其上部的空气空间; |
(g) the term "stop for non-traffic purposes" means a landing for any purpose other than taking on or discharging passengers, baggage, cargo or mail; | |
(七)“非运输业务性经停”,指目的不在于上下旅客、行李、货物或者邮件的任何经停; |
(h) the term "capacity" means: | |
(八)“运力”: |
1) in relation to an aircraft, the payload of that aircraft available on a route or section of a route. | |
1.就航空器而言,指该航空器在航线或者航段上可提供的商务载量。 |
??????2) in relation to a specified air service, the capacity of the aircraft used on such service multiplied by frequency operated by such aircraft over a given period on a route or section of a route. | |
2.就航班而言,指飞行该航班的航空器的运力乘以该航空器在一定时期内在航线或者航段上所飞行的班次。 |
(i) 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 services, but excluding remuneration or conditions for the carriage of mail; | |
(九)“运价”,指运输旅客、行李和货物所采用的价格和价格条件,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者条件; |
(j) the term "Annex" means the Annex to this Agreement or as amended in accordance with the provisions of Article 15 of the Agreement. The Annex forms an integral part of this Agreement and all references to the Agreement shall include references to the Annex except where otherwise provided. | |
(十)“附件”,指本协定的附件或者根据本协定第十五条规定修改的附件。该附件是本协定的组成部分。除另有规定外,所有对本协定的援引应包括对该附件的援引。 |
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| ARTICLE 2 nbsp; Grant of Rights | | 第二条授权 |
(1) Each Contracting Party grants to the other Contracting Party the rights specified in this Agreement to international air services on the route specified in the Annex (hereinafter called "the agreed services" and "the specified route" respectively). | |
一、缔约一方给予缔约另一方以本协定规定的权利,以便其指定空运企业在附件中规定的航线上建立和经营国际航班(以下分别称为“协议航班”和“规定航线”)。 |
(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,享有下列权利: |
a) to fly without landing across the territory of the other Contracting Party along the air route(s) 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经停飞越缔约另一方领土; |
b) to make stops for non-traffic purposes in the said territory at point(s) to be agreed upon between the aeronautical authorities of both Contracting Parties, and, | |
(二)在上述领土内经缔约双方航空当局协议的地点作非运输业务性经停;和 |
c) to make stops at the point(s) on the specified route in the territory of the other Contracting Party for the purpose of taking on board and discharging international traffic in passengers, baggage, cargo and mail, | |
(三)在规定航线上缔约另一方领土内的地点经停,以便载运国际旅客、行李、货物和邮件。 |
(3)In addition to the operation of the agreed services by the designated airlines of the Contracting Parties, the designated airline or other airline(s) of either Contracting Party may request permission from the aeronautical authorities of the other Contracting Party to operate charter flights to, from and/or through the territory of that other Contracting Party. The aeronautical authorities to which such a request is submitted shall promptly consider the request in accordance with its charter worthiness rules, and in the light of the spirit of mutual benefit and friendly cooperation and that airlines of mutual benefit and friendly cooperation and that airlines of both Contracting Parties should have fair and reasonably equal opportunity in operating international charter transportation. The application of such charter flights shall be submitted to the aeronautical authorities of the other Contracting Party at least 15 days prior to its proposed operation. The reply shall be given not less than 12 hours before the departure of the proposed flight. The flights can be operated only after approval has been obtained. | |
三、除缔约双方指定空运企业经营协议航班之外,缔约任何一方指定空运企业可向缔约另一方航空当局要求准许经营前往、来自和/或者经过该缔约另一方领土的包机飞行。受理这一要求的航空局应根据包机适航规则,并本着互利、友好合作以及缔约双方空运企业应享有经营国际包机运输的水平、合理的均等机会的精神予以及时的考虑。这种包机飞行的申请至迟应在计划飞行之日十五天前向缔约另一方航空当局提出。答复应于计划飞行起飞十二小时前作出。获准后方可飞行。 |
(4) The designated airline of a Contracting Party shall not have the right to carry traffic in passengers, baggage, cargo and mail between points in the territory of the other Contracting Party for remuneration (cabotage). | |
四、缔约一方指定空运企业不享有为取酬目的在缔约另一方境内地点之间载运旅客、行李、货物和邮件的权利(国内载运权)。 |
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| ARTICLE 3 nbsp; Designation and Authorization | | 第三条指定和许可 |
(1) Each Contracting Party shall have the right to designate in writing to the other Contracting Party one airline to operate the agreed services on the route specified in the Schedule. | |
一、缔约一方有权书面向缔约另一方指定一家空运企业,在航线表规定航线上经营协议航班。 |
(2) The substantial ownership and effective control of the airline designated by each Contracting Party shall remain vested in such Contracting Party. | |
二、缔约一方指定空运企业的主要所有权和有效管理权应属于该缔约方。 |
(3) The aeronautical authorities of the other Contracting Party may require the airline designated by the first Contracting Party to satisfy them that it is qualified to fulfil the conditions prescribed under the laws and regulations normally and reasonably applied to the operation of international air services by the said authorities. | |
三、缔约一方航空当局可要求缔约另一方指定空运企业向其证明,该指定空运企业有资格履行根据法律和规章所规定的条件,这些法律和规章是上述当局在国际航班经营方面通常合理地予以实施的。 |
(4) On receipt of such designation, the other Contracting Party shall, subject to the provisions of paragraph (2) and (3) of this Article, grant to the airline so designated the appropriate operating authorization. | |
四、在不违反本条第二款和第三款规定的情况下,缔约另一方在收到上述指定后,应给予该指定空运企业以适当的经营许可,不应无故迟延。 |
(5) Each Contracting Party shall have the right to refuse to grant the operating authorization referred to in paragraph (4) of this Article if it does not obtain the required evidence prescribed under paragraph (3) of this Article, or is not satisfied that substantial ownership and effective control of the airline are vested in the Contracting Party designating it or in its nationals. | |
五、缔约一方有权拒绝颁发本条第四款所述的经营许可,如该缔约方未得到本条第三款规定所需的证明,或者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或者其国民有疑义。 |
(6) After an airline has been so designated and authorized, it may commence operation of the agreed service from the date specified in the operating authorization, provided that a capacity agreed and a tariff established in accordance with the provisions of Article 10 and 12 of the Agreement are in force in respect of that service. | |
六、空运企业一经指定并获得许可,即可按经营许可规定的日期开始经营协议航班,但根据本协定第十条和第十二条规定就该航班所协议的运力和制定的运价应有效。 |
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| ARTICLE 4 nbsp; Revocation of Operating Authorization | | 第四条经营许可的撤销 |
(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、有下列情形之一的,缔约一方有权撤销或者暂停缔约另一方指定空运企业的经营许可,或者对该指定空运企业行使本协定第二条规定的权利附加它认为必要的条件: |
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 | |
(一)缔约一方对该指定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另一方国家或者其国民有疑义;或者 |
b) where that airline fails to comply with the laws and regulations of the Contracting Party granting these rights, or | |
(二)该指定空运企业不遵守给予其权利的缔约方的法律和规章;或者 |
c) where that airline otherwise fails to operate in accordance with the conditions prescribed under this Agreement. | |
(三)该指定空运企业在其他方面没有按照本协定规定的条件经营。 |
(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、暂停或者附加条件必须立即执行,以防止进一步违反法律和规章,上述权利只能在与缔约另一方协商后方可行使。 |
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| ARTICLE 5 nbsp; Provision of Technical Services and User Charges | | 第五条提供技术服务和使用费 |
(1) Each Contracting Party shall designate in its territory regular airport and alternate airports to be used by the designated airline of the other Contracting Party for the operation of the specified route, and shall provide that 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 may be agreed between the aeronautical authorities of both Contracting Parties. | |
一、缔约一方应指定在其领土内供缔约另一方指定空运企业经营的规定航线所使用的主用机场和备降机场,并向该指定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。如有必要,上述事宜的具体办法可有缔约双方航空当局商定。 |
(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,应按照缔约另一方有关当局规定的公平合理的费率付费。这些费率不应高于对从事国际航班飞行的其他国家空运企业使用类似设备、设施和服务所付的费率。 |
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| ARTICLE 6 nbsp; Customs and Duties | | 第六条关税 |
(1) Aircraft operated on international air services by the designated airline of one Contracting Party, as well as their regular equipment, spare parts (including engines), fuels, oils (including hydraulic fluids), lubricants, and aircraft stores (including food, beverages and tobacco) on board such aircraft shall be exempt on the basis of reciprocity from all customs duties, taxes, inspection fees and other similar fees and charges on arriving in the territory of the other Contracting Party, provided such equipment and items 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航空器、以及留置在航空器上的正常设备、零备件(包括发动机)、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,应在互惠的基础上免纳一切关税、税捐、检验费和其他类似费用,但这些设备和物品应留置在该航空器上直至重新运出。 |
(2) The following equipment and items shall also be exempt on the basis of reciprocity from the same customs duties, taxes, inspection fees and other similar fees and charges, with the exception of charges corresponding to the services provided: | |
二、除了提供服务的费用外,下列设备和物品应在互惠的基础上也应免纳一切关税、税捐、检验费和其他类似费用: |
(a) regular equipment, spare parts (including engines), fuels, oil (including hydraulic fluids), lubricants and aircraft stores (including food, beverages and tobacco) introduced by or on behalf of the designated airline of one Contracting Party into the territory of the other Contracting Party or taken on board the aircraft in the territory of the other Contracting Party and exclusively intended for use or consumption by aircraft engaged in international services, even when such equipment and items are to be used on part of the journey performed over the territory of the other Contracting Party: | |
(一)缔约一方指定空运企业或者代表该空运企业运入缔约另一方领土、或者在缔约另一方领土内装上航空器的专供飞行国际航班航空器使用的正常设备、零备件(包括发动机)、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),即使这些设备和物品在缔约另一方领土内的部分航段上使用; |
(b) spare parts (including engines) introduced into the territory of one Contracting Party by or on behalf of the designated airline of the other Contracting Party for the maintenance or repair of aircraft engaged in operation of international services:
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(二)缔约一方指定空运企业或者代表该指定空运企业进入缔约另一方领土为检修或者维护指定空运企业飞行协议航班的航空器的零备件(包括发动机)。
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