| The Government of the Kingdom of Sweden and the Government of the People's Republic of China, with a view to facilitating the friendly contacts between the peoples of Sweden and China, developing the mutual relations between the two countries in respect of air transportation, in accordance with the principles of mutual respect for independence and sovereignty, non-interference in each other's internal affairs, equality and mutual benefit as well as friendly cooperation, and with regard to the establishment and operation of scheduled air services between and beyond their respective territories, | | 中华人民共和国政府和瑞典王国政府(以下称为“缔约方”),为了便利中国人民和瑞典人民之间的友好往来,发展两国航空运输方面的相互关系,根据互相尊重独立和主权、互不干涉内政、平等互利和友好合作的原则,就建立和经营两国间以及延伸至两国以外地区的定期航班, |
Have agreed as follows: | |
协议如下: |
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| ARTICLE I DEFINITIONS | | 第一条定义 |
For the purpose of the present Agreement: | |
本协议中: |
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| 1) the term "Aeronautical Authorities" means, in the case of the Kingdom of Sweden, the Board of Civil Aviation, and in the case of the People's Republic of China, the General Administration of Civil Aviation of China, or in both cases any person or body authorized to perform functions in connection with the present Agreement; | | (一)“航空当局”,中华人民共和国方面指中国民用航空总局,瑞典王国方面指民用航空委员会,或双方均指被授权执行与本协定有关的职能的任何个人或机构。 |
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| 2) the term "designated airline" means an airline which has been designated and authorized in accordance with the provisions of Article III of the present Agreement; | | (二)“指定空运企业”,指根据本协定第三条规定经指定和获许的空运企业。 |
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| 3) the term "air service" means any scheduled air service performed by aircraft for the public transport of passengers, baggage, cargo and mail; | | (三)“航班”,指以飞机从事旅客、行李、货物和邮件的公共运输的任何定期航班。 |
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| 4) 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”,指飞越一个以上国家领土上空的航班。 |
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| 5) the term "airline" means any air transport enterprise operating international air services; | | (五)“空运企业”,指经营国际航班的任何航空运输企业。 |
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| 6) the term "stop for non-traffic purposes" means a stop for any purpose other than taking on or discharging passengers, baggage, cargo and mail; | | (六)“非运输业务性经停”,指目的不在于装上或卸下旅客、行李、货物或邮件的降停。 |
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| 7) the term "tariff" means the prices to be paid for the carriage of passengers, baggage and cargo 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. | | (七)“运价规章”,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,包括代理和提供其他附属服务的价格和条件,但不包括运输邮件的报酬和条件。 |
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| ARTICLE II TRAFFIC RIGHTS | | 第二条业务权利 |
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| 1) Each Contracting Party grants to the other Contracting Party the right to establish and operate scheduled air services (hereinafter referred to as "the agreed services") on the route specified in the Annex to the present Agreement (hereinafter referred to as "the specified route"). | | 一、缔约一方给予缔约另一方在本协定附件所规定的航线(以下称为“规定航线”)上建立和经营定期航班(以下称为“协议航班”)的权利。 |
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| 2) The designated airline of each Contracting Party shall enjoy the right to overfly without landing the territory of the other Contracting Party along the air route prescribed by the Aeronautical Authorities of the other Contracting Party after approval of its seasonal schedule has been obtained from the said Authorities. | | 二、缔约一方指定空运企业在其季节飞行时刻表经缔约另一方航空当局同意后,有权沿该当局规定的航路,不降停飞越缔约另一方领土。 |
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| 3) Subject to the provisions of the present Agreement, the designated airline of each Contracting Party, while operating the agreed services on the specified route, shall enjoy the following rights: | | 三、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) subject to the approval of the Aeronautical Authorities of the other Contracting Party, to make stops for non-traffic purposes at the points on the specified route in the territory of the other Contracting Party; | | (一)经缔约另一方航空当局的同意,在缔约另一方领土内规定航线上的地点作非运输业务性经停; |
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| b) to make stops at the points on the specified route in the territory of the other Contracting Party for the purpose of putting down and taking on international traffic in passengers, baggage, cargo and mail. | | (二)在缔约另一方领土内规定航线上的地点经停,以便上下国际旅客、行李、货物和邮件。 |
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| 4) The designated airline of each Contracting Party shall not have the right to take up at one point in the territory of the other Contracting Party traffic in passengers, baggage, cargo and mail destined for another point in the same territory except the personnel of the said airline as well as their families and baggage. | | 四、缔约一方指定空运企业在缔约另一方领土内的一点与该领土内另一点间,除该空运企业的人员及其家属和行李外,无权装载旅客、行李、货物和邮件。 |
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| 5) Each Contracting Party shall notify the other Contracting Party at least sixty days in advance of the date of the commencement of operation of the agreed services by its designated airline. | | 五、缔约一方应将其指定空运企业开航协议航班的日期,至少提交六十天通知缔约另一方。 |
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| ARTICLE III DESIGNATION OF AIRLINE AND OPERATING AUTHORIZATION | | 第三条空运企业的指定和经营许可 |
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| 1) Each Contracting Party shall have the right to designate, by diplomatic note to the other Contracting Party, one airline to operate the agreed services on the route specified in the Annex to the present Agreement. | | 一、缔约一方有权通过向缔约另一方提交外交照会,指定一家空运企业,经营本协定附件规定航线上的协议航班。 |
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| 2) The substantial ownership and effective control of the airline designated by each Contracting Party shall remain vested in such Contracting Party or its citizens. | | 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或其公民。 |
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| 3) On receipt of such designation, the other Contracting Party shall, subject to the provisions of paragraph 2 of this Article, grant without delay to the designated airline of the first Contracting Party the appropriate operating authorization. | | 三、在不违反本条第二款规定的情况下,缔约另一方在收到上述指定后,应立即将合适的经营许可发给缔约一方指定空运企业。 |
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| ARTICLE IV REVOCATION, SUSPENSION AND IMPOSITION OF CONDITIONS | | 第四条取消、暂停和规定条件 |
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| 1) Each Contracting Party shall have the right to revoke the operating authorization already granted to the designated airline of the other Contracting Party, or to suspend the exercise of the rights specified in Article II of the present Agreement by the said airline, or to impose such conditions as it may deem necessary on the exercise of these rights, in case: | | 一、在下列情况下,缔约一方有权取消业已给予缔约另一方指定空运企业的经营许可,或暂停该空运企业行使本协定第二条规定的权利,或对行使这些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 citizens; or | | (一)如它对该空运企业的主要所有权和有效管理权属于指定空运企业的缔约方或其公民的情况有疑义;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授权缔约方的法律和规定;或 |
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| c) where that airline otherwise fails to operate in accordance with the conditions prescribed under the present Agreement. | | (三)如该空运企业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 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取消、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定,否则只能在与缔约另一方协商后方可行使这种权利。 |
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| ARTICLE V COMPLIANCE WITH LAWS AND REGULATIONS | | 第五条法律和规定的遵守 |
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| 1) The laws and regulations of either Contracting Party relating to the admission to, stay in, departure from and navigation in its territory of aircraft engaged in the operation of international air services as well as the laws and regulations relating to the admission to, stay in and departure from its territory of passengers, crew, baggage, cargo and mail shall be applicable to the aircraft of the airline designated by the other Contracting Party, its crew as well as the passengers, baggage, cargo and mail carried by such aircraft, while in the territory of the first Contracting Party. Each Contracting Party shall supply the other Contracting Party information relevant to the above-mentioned laws and regulations in time. | | 一、缔约一方关于从事国际航班飞行的飞机进出其领土和在其领土内停留、航行的法律和规定,以及关于旅客、机组、行李、货物和邮件进出其领土和在其领土内停留的法律和规定,均适用于缔约另一方指定空运企业在缔约一方领土内的飞机、机组和所载运的旅客、行李、货物和邮件。缔约一方应及时向缔约另一方提供有关法律和规定的资料。 |
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| 2) Each Contracting Party undertakes to avoid any unnecessary delay to the aircraft of the designated airline of the other Contracting Party. | | 二、缔约一方应尽力避免对缔约另一方指定空运企业的飞机,造成不必要的延误。 |
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| ARTICLE VI EXEMPTION FROM CUSTOMS AND OTHER DUTIES | | 第六条关税和其他税捐的豁免 |
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| 1) Aircraft operated on the specified route by the designated airline of either Contracting Party, as well as the regular equipment, spare parts, fuel, oil, lubricants and aircraft stores retained on board the aircraft shall be exempt on a basis of reciprocity from any customs duties, inspection fees and other duties and taxes by the other Contracting Party on arrival in and departure from the territory of the other Contracting Party. | | 一、缔约一方指定空运企业在规定航线上飞行的飞机及留置在飞机上的正常设备、零备件、燃料、油料、润滑油和机上供应品,在进出缔约另一方领土时,缔约另一方应在互惠基础上豁免任何关税、检验费和其他税捐。 |
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| 2) There shall also be exempt from customs duties, inspection fees and other duties and taxes, with the exception of charges corresponding to the service performed: | | 二、下列物资除为提供的服务应付的费用外,亦应豁免关税、检验费和其他税捐: |
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| a) aircraft stores taken on board in the territory of either Contracting Party, within limits fixed by the competent authorities of the said Contracting Party, and for use on board aircraft engaged in the operation of the agreed services of the designated airline of the other Contracting Party; | | (一)在缔约任何一方领土内装上飞机、在该缔约方主管当局规定数量以内的供缔约另一方指定空运企业飞行国际航班的飞机上使用的机上供应品; |
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| b) aircraft stores, oil, lubricants, and spare parts entered into the territory of either Contracting Party for use by the designated airline of the other Contracting Party in the operation of the agreed services; however, they shall be kept under the supervision and control of the customs authorities of the first Contracting Party, subject to storage charges; | | (二)运入缔约一方领土、供缔约另一方指定空运企业飞行协议航班使用的机上供应品、油料、润滑油和零备件;然而,这些物品应交缔约另一方海关当局监管,并交纳保管费用; |
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| c) fuel and lubricants destined to supply aircraft operated on international air services by the designated airline of the other Contracting Party, even when these supplies are to be used on the part of the journey performed over the territory of the Contracting Party in which they are taken on board. | | (三)为缔约另一方指定空运企业飞行国际航班的飞机加注的燃料和润滑油,即使这些燃料和润滑油系供在加注的缔约方境内的航段上使用。 |
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ARTICLE VII STORAGE OF AIRBORNE EQUIPMENT AND SUPPLIES
．．．．．． | | 第七条机上设备和物资的储存
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