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| Agreement between the Government of the People's Republic of China and the Government of the Kingdom of Afghanistan relating to Civil Air Transportation | | 中华人民共和国政府和阿富汗王国政府民用航空运输协定 |
(Signed on July 26, 1972; effective on July 3, 1973) | |
（签订日期１９７２年７月２６日 生效日期１９７３年７月３日） |
The Government of the people's republic of China and the Government of the kingdom of Afghanistan, with a view to facilitating the friendly contacts between the peoples of China and Afghanistan, developing the mutual relations between the two country 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, Have agreed as follows: | |
中华人民共和国政府和阿富汗王国政府,为便利中国人民和阿富汗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,就建立并经营两国间以及延伸至两国以外地区的定期航班,协议如下: |
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| Article 1 | | 第一条 |
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| 1. Each Contracting Party grants to the other Contracting Party the right to operate scheduled air services (hereinafter referred to as "the agreed services") on the route specified in the Annex to this agreement (hereinafter referred to as "the specified route") for carriage of international passengers, baggage, cargo and mail. | | 一、缔约一方给予缔约对方在本协定附件所规定的航线(以下简称“规定航线”)上建立定期航班(以下简称“协议航班”)的权利,以载运国际旅客、行李、货物和邮件。 |
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| 2. The aircraft of the designated airline of each Contracting Party (hereinafter referred to as "the designated airline") operating the agreed services on the specified route may over fly the territory of the other Contracting Party without landing or make stops in the said territory for technical landing purposes subject to the approval of the aeronautical authorities of the other Contracting Party. | | 二、缔约一方指定航空运输企业(以下简称“指定空运企业”)在规定航线上飞行协议航班的飞机,经缔约对方航空当局同意,可以不降停飞越缔约对方领土或在上诉领土内作技术经停。 |
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| 3. The designated airlines of both Contracting Parties shall have the right to carry passengers, baggage, cargo and mail between the points specified on the routes as prescribed in the annex to this Agreement. | | 三、缔约双方指定空运企业有权在本协定附件航线上规定的地点之间载运旅客、行李、货物和邮件。 |
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| 4. The designated airline of one Contracting Party shall not enjoy the right to take up in the territory of the other Contracting Party passengers, baggage, cargo and mail traffic for remuneration or hire destined for another point in the same territory. | | 四、缔约一方指定空运企业无权在缔约对方领土内装载前往缔约对方领土内另一地点的收费旅客、行李、货物和邮件。 |
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| 5. The designated airline of the Contracting Party to which the rights have been granted may inaugurate the agreed services on the specified route immediately or at a later date at its option provided that the Contracting Party granting the rights has given the said airline appropriate operating permission. | | 五、如授权缔约方业已给予被授权缔约方指定空运企业以适当的经营许可,被授权缔约方指定空运企业可以根据自己的选择,立即或在以后开始飞行规定航线上的协议航班。 |
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| Article 2 | | 第二条 |
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| 1. The Government of the people's republic of China designates "Department of International Affairs of the General Administration of Civil Aviation of China" as its airline and the Government of the Kingdom of Afghanistan designates "Ariana Afghan Airlines" as its airline to operate their respective agreed services on the specified routes. | | 一、中华人民共和国政府指定“中国民用航空总局国际业务局”,阿富汗王国政府指定“阿富汗阿利亚纳航空公司”,为经营各该方规定航线上协议航班的空运企业。 |
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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 nationals. | | 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. Each Contracting Party shall have the right to suspend the exercise of the rights specified in the present Agreement by the airline designated by the other Contracting Party or to impose such conditions as it may deem necessary on the exercise by such airline of these rights, in case of failure by that airline to comply with the laws and regulations of the first Contracting Party, or of failure to operate in accordance with the conditions prescribed under the present Agreement and its Annex. However, unless immediate action is essential to prevent further infringements of laws or regulations, under normal circumstances, such right shall be exercised only after consultation with the other Contracting Party. | | 三、缔约一方指定空运企业如不遵守缔约对方的法令规章,不按照本协定及其附件所规定的条件经营时,缔约对方有权暂停缔约一方指定空运企业行使本协定规定的权利,或对行使这些权利规定它认为必要的条件。但除非为了防止进一步违犯法令规章必须立即采取上诉措施外,在通常情况下应同缔约一方协商后方可行使这种权利。 |
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| Article 3 | | 第三条 |
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| 1. The designated airlines of the two Contracting Parties shall enjoy fair and equal opportunity in operating the agreed services on the specified routes. | | 一、缔约双方指定空运企业在经营规定航线的协议航班方面,应享有平等合理的机会。 |
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| 2. In operating the agree services, the designated airline of each Contracting Party shall take into account the interest of the designated airline of the other Contracting Party so as not to affect unduly the services which the latter provides on the whole or part of the same route. | | 二、缔约一方指定空运企业在经营协议航班时,应照顾到缔约对方指定空运企业的利益,以免不适当地影响后者在相同航线或其航段上提供的航班。 |
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| 3. The agreed services provided by the designated airlines of both the Contracting Parties shall bear close relationship to the needs of the public for transportation on the specified routes. | | 三、缔约双方指定空运企业提供的协议航班,应与公众对在规定航线上运输的需要保持密切关系。 |
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| 4. Matters relating to frequency, type of aircraft, schedule, conditions of carriage, sales representation and ground handling in the operation of the agreed air services shall be agreed upon through consultation between the designated airlines of both Contracting Parties and shall be subject to the approval of their respective aeronautical authorities. | | 四、为经营协议航班有关的班次、机型、班期时刻以及运输章程、业务代理和地面服务事项,应由缔约双方指定空运企业协商确定,并应经缔约双方各自的航空当局同意。 |
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| Article 4 | | 第四条 |
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| 1. Each Contracting Party shall designate in its territory airports and alternate airports to be used by the designated airline of the other Contracting Party for the operation of the specified route, and provide the latter with communications, navigational, meteorological and other auxiliary services in its territory as are required for the operation of the agreed services. Detailed arrangements for the above shall be agreed upon between the aeronautical authorities of both Contracting Parties. | | 一、缔约一方应在其领土内,为缔约对方指定空运企业指定供经营规定航线所使用的机场和备降机场,并提供飞行协议航班所需要的通信、导航、气象和其他附属服务。具体办法由缔约双方航空当局协议。 |
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| 2. The designated airline of one Contracting Party shall be charged for the use of airports, equipments and technical services of the other Contracting Party at the just and reasonable rates prescribed by the other Contracting Party. | | 二、缔约一方指定空运企业使用缔约对方的机场、设备和技术服务,应按照缔约对方规定的公平合理的费率付费。 |
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| Article 5 | | 第五条 |
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| 1. Aircraft operated on the specified route by the designated airline of either Contracting Party, as well as the regular equipments, spare parts, fuel, oil, lubricants and aircraft stores retained on board the aircraft shall be exempted on a basis of reciprocity from any customs duties, inspection fees and other charges 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其留置在飞机上的正常设备、零备件、燃料、润滑油和机上供应品,在进出缔约对方领土时,缔约对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. The fuel, oil, lubricants and aircraft stores for consumption replenished to or taken on board the aircraft in the territory of the other Contracting Party by the designating airline of the first Contracting Party for operation of the specified route shall be exempted on a basis of reciprocity from customs duties, inspection fees and other charges.
．．．．．． | | 二、缔约一方指定空运企业的飞机在缔约对方领土内加注供飞行规定航线使用的燃料、润滑油和装上供消耗的机上供应品,应在互惠基础上豁免关税、检验费和其他税捐。
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