Agreement on civil aviation and the use of airspace

Unofficial translation

 

AGREEMENT

ON CIVIL AVIATION AND USE OF AIRSPACE

  

           The Member States (hereinafter referred to as the Contracting States) of this Agreement, proceeding from the declarations of sovereignty proclaimed by them;

           guided by the principles of the Convention on International Civil Aviation (ICAO) and recognizing the significance of civil aviation as one of the important factors of consolidation and cooperation of the peoples of all states;

           ensuring full respect of the rights of the Contracting States, as well as fair opportunities for each State to develop international air traffic;

           striving to ensure that the needs for the safe, regular and sustainable operation of civil aviation are met to the maximum extent possible;

           realizing, that the safety of people, using civil aviation services, can be provided only by strict adherence to uniform rules of flight management, flight operation and support as well as the use of airspace;

           taking into account the need to carry out production and economic and commercial activity created in the States by competitive market structures with various forms of ownership;

           considering the accumulated global aviation development experience, have concluded this Agreement.

 

THE MAIN PRINCIPLES

 

           ARTICLE 1. The Contracting States recognize that each State has complete and exclusive sovereignty over its airspace over its land and water territory.

           The airspace of Contracting States as well as of the areas of open airspace, where, according to the national treaties, air traffic service is assigned to the former USSR, shall be regarded as a Common airspace for the purpose of the flight management, operation and air traffic control of aircraft.

           ARTICLE 2. Each Contracting State shall regulate independently, in the forms adopted by it, production and economic and commercial activities of civil aviation and other types of aviation application on its territory.

           ARTICLE 3. The Contracting States recognize the need to comply with the previously concluded international agreements in the field of civil aviation, provided that they are not contrary to the legislation of the Contracting States, as well as to the fulfillment of obligations related to membership and participation in international organizations in this field.

           ARTICLE 4. The Contracting States recognize the need to maintain, subject to this Agreement, the validity of the Air Code, standards, rules and other regulations in the field of aviation and use of airspace, as well as certification, registration and identification documents until new Acts of the interstate and air legislation of the Contracting States are adopted in accordance with the established procedure.

           ARTICLE 5. Taking into account that the Russian language is one of the working languages of the International Civil Aviation Organization (ICAO), Contracting States recognize it as the official language, used for any activities within the framework of this Agreement.

           ARTICLE 6. The relations of the Contracting States in the field of civil aviation and use of airspace with the states, which are not participants of this Agreement, are based on the commonly acknowledged principles and norms of international law.

 

AREAS OF APPLICATION OF THE AGREEMENT

 

           ARTICLE 7. The Agreement establishes the following areas of joint jurisdiction and regulation within the scope of the functions agreed upon by the Contracting States and not contrary to the legislation of the of the Member States of the Agreement:

           a) development of rules and organization of the use of airspace, monitoring of compliance. Unified air traffic control management;

           b) development of the interstate regulations and standards, considering the Civil Aviation Organization (ICAO) flight safety requirements, including aircraft airworthiness standards, aerodrome standards, requirements for operators, certification rules, flight standards and Rules of the Air, search and rescue rules, air accident investigation rules, and monitoring compliance with them;

           c) certification of air carriers for international flights, aircraft, international air routes, aerodromes, air traffic control, navigation and communication systems, flight and traffic control personnel, as well as aviation manufacturers;

           d) development of the requirements for the level of professional training and coordination of aviation personnel training system;

           e) investigation (participation in the investigation) of air accidents;

           f) organization of the development and implementation of interstate scientific programs and projects of the scientific and technical development of civil aviation, the unified air traffic control system, and ensuring flight safety. Providing expertise and advisory services;

           g) development and coordination of coherent policy in the field of international air traffic. Participation in the activities of the International Civil Aviation Organization (ICAO) and other international organizations. Organization of the fulfillment of previously assumed international obligations;

           h) development of unified air navigation, communication, aeronautical information, air traffic flow management systems;

           i) coordination of interstate air traffic timetable, coordination of the general policy in the field of air fares and air navigation charges;

           j) development of measures and coordination of work on preventing acts of unlawful interference in civil aviation activities, considering international and national norms, rules and procedures.

 

INTERSTATE BODIES

 

           ARTICLE 8. The Contracting States establish:

           The Council on Aviation and Use of Airspace, consisting of plenipotentiaries of the Contracting States (including representatives of the Ministries of Defense or Committee of defense), as well as a representative of the Commander-in-Chief of the Armed Forces of the Commonwealth of Independent States. The Council shall carry out its activities on the principles of consensus.

           The Interstate Aviation Committee as a permanent executive body, authorized to carry out the practical implementation of this Agreement, to ensure the work of the Council and the implementation of its decisions. The Contracting States shall participate in the work of the Committee through their plenipotentiaries.

           ARTICLE 9. The Interstate Aviation Committee is the legal successor of the Commission on Use of Airspace and Air Traffic Control, Commission on State Flight Safety Oversight, Ministry of Civil Aviation (in terms of the functions, agreed upon by the Contracting States) as well as obligations under international agreements of the former USSR in the field of international air traffic and participation in the work of the International Civil Aviation Organization (ICAO).

           The issues, concerning the conclusion of new international agreements, affecting the interests of all Contracting States, are to be negotiated by the Council on Aviation and Use of Airspace.

           ARTICLE 10. The Interstate Aviation Committee shall enjoy on the territory of each Contracting State, in accordance with its national legislation, such legal capacity and personality which are necessary for performing its functions within the framework of this Agreement.

           ARTICLE 11. The Interstate Aviation Committee may have under its authority, in agreement with the Contracting States, scientific-research organizations, as well as temporary scientific and research teams, expert and advisory bodies.

           ARTICLE 12. The Interstate Aviation Committee has under its authority, in agreement with the Contracting States, air traffic control, air navigation information, certification and inspection bodies.

           ARTICLE 13. The financing of the Interstate Aviation Committee and its bodies, as well as programs (projects), shall be carried out at the expense of deductions from aviation enterprises and/or budgets (contributions) of the Contracting States, as well as from fees for air navigation services, and fees derived from certification activities and other revenues.

           The share of deductions (contributions) of each State is determined in proportion to the total volume of air transportation activities of the Member States of the Agreement.

           The order of financing is determined by the Contracting States.

 

FINAL PROVISIONS

 

           ARTICLE 14. The Contracting States recognize the existing civil aviation employee benefits for employees of the Interstate Aviation Committee and its bodies and their effect on the territories of all Member States of this Agreement.

           ARTICLE 15. All disputes and disagreements between two or more Contracting States, which cannot be resolved through negotiations between them, at the request of any State involved in these disputes and disagreements, shall be resolved by the Council on Aviation and Use of Airspace, and if an agreed solution is not reached by the said Council, the disputes and disagreements shall be referred to the heads of Governments of the Contracting States.

           ARTICLE 16. The Contracting States may establish legal and economic liability for the failure to comply with this Agreement.

           ARTICLE 17. This Agreement shall be extended to the territory of the States which have concluded it, as well as to areas of open airspace where, under international agreements of the USSR, the responsibility for the air traffic service is assigned to the former Soviet Union.

           ARTICLE 18. The Agreement is open for accession by any State, recognizing this Agreement. Acceptance of new members of the Agreement is to be done by the consent of all its members. By decision of the Council on Aviation and Use of Airspace certain States may be granted the status of associate members or observers. Any Contracting State has the right to withdraw from the Agreement by notifying the Council on Aviation and Use of Airspace 12 months prior to withdrawal.

           ARTICLE 19. Amendments and additions to this Agreement shall be approved by all the Member States of the Agreement.

           ARTICLE 20. The Contracting States have the right to conclude bilateral and multilateral agreements, which do not contradict this Agreement, and inform the Interstate Aviation Committee.

           ARTICLE 21. The Contracting States agree that the headquarters of the Interstate Aviation Committee are located in Moscow. The location of other bodies subordinate to this Committee, shall be determined in coordination with the Contracting States.

           ARTICLE 22. The issue of regulation of the ownership rights of property under the authority of the abolished Ministry of Civil Aviation shall be resolved within the framework of a separate Agreement of the Contracting States.

           ARTICLE 23. This Agreement shall come into force from the moment of its signing by no less than three plenipotentiaries of the Contracting States.

           The text is deposited with the Government of the Russian Federation, and certified copies shall be sent to the Governments of all signatory States.

 

Note. The Agreement was signed on December 12-25, 1991 by the leaders of the Republic of Azerbaijan, Republic of Armenia, Republic of Belarus, Republic of Georgia, Republic of Kazakhstan, Republic of Kyrgyzstan, Republic of Moldova, Russian Federation, Republic of Tajikistan, Turkmenistan, Republic of Uzbekistan and Ukraine.