Agreement on civil aviation and the use of airspace

The States (hereinafter referred to as Contracting States) - signatories to the present Agreement, proceeding from their respective declarations of sovereignty;

            acting in accordance with the principles of the Convention on Civil Aviation (ICAO) and recognizing the significance of civil aviation as a major factor, promoting unity and cooperation between the peoples of all nations;

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

            seeking to satisfy to the maximum possible extent the need in safe, orderly and regulated functioning of civil aviation;

            realizing, that passenger safety can be attained only by strict adherence to uniform rules of flight organization, performance and support as well as the use of airspace;

            taking into consideration the need for new competitive market structures with various forms of ownership, that are currently being set up by the States to carry out production and commercial activities;

            taking .into account world experience of aviation development, concluded the present Agreement.

THE MAIN PRINCIPLES

            ARTICLE 1. Contracting States recognized that each State exercises complete and exclusive sovereignty over its airspace, be it over land and water territories.

            The airspace of Contracting States as well as of the areas with open airspace, where, in keeping with International accords, responsibility for air traffic services rests with the former USSR, is treated ?as Common airspace in order to ensure proper organization of flights and air traffic control.

            ARTICLE 2. Each Contracting State is independent in regulating, in its adopted forms, production, economical and commercial activities of civil aviation and other types or aviation application in its territory.

            ARTICLE 3. Contracting States recognize the necessity of abiding by the previously concluded international agreements on civil aviation, if they do not contradict their own legislation, and also for carrying out their obligations, entailed by their membership and participation in respective international bodies.

            ARTICLE 4. In keeping with the present Agreement Contracting States recognized the need to preserve Air Code, the rules and other regulations in the field of aviation and the use of airspace, as well as certification, registration and identification documents until adoption in the established order of new Acts of interstate and air legislation by Contracting States.

            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 the present Agreement.

            ARTICLE 6. The relationship between the Contraction States in the field of civil aviation and the use of airspace with the states, which are not signatories to the present Agreement, is based on the commonly acknowledged principles and norms of international law.

AREAS OF APPLICATION OF THE AGREEMENT

            ARTICLE 7. The present Agreement establishes the following spheres of joint activities and regulation within those agreed upon functions, which are in line with the legislation of Contracting States:

            a) development to ruled and organization of the use of airspace, supervision over their implementation. Establishment of a uniform air traffic control system;

            b) development of the interstate regulations and standards, in keeping with the requirements of ICAO on flight safety,' including aircraft airworthiness standards, airworthiness standards for airdromes, requirements for operators, certification rules, standards and rules of flight, of search and rescue, of accident investigation and monitoring their implementation;

            c) certification of air carriers for international air routes, of aircraft, international air routes, airfields, of ATC, navigation and communication systems, of flight crews and controllers, as well as aviation manufacturers;

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

            e) investigation (participation in investigation) of aircraft accidents;

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

            g) development and coordination of policies, relating to international air communications. Participation in the activities of the International Civil Aviation organization (ICAO) and of other international organizations. Organization of fulfilment of previously assumed obligations;

            h) development of uniform systems of navigation, communications, air navigation information, regulation of air traffic flow;

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

            j) development of measures and coordination of work for preventing acts of unlawful interference in civil aviation, in keeping with international and national regulations, rules and procedures.

INTERSTATE BODIES

            ARTICLE 8. The Contracting States form:

            The Council on Aviation and the Use of Airspace, comprising Accredited Representatives of the Contracting - States (including representatives of the Ministry of Defence or the Defence Committee), as well as a representative of the Commander-in-Chief of the Armed Forces of the Commonwealth of Independent States. The Council performs its activities on the basis of consensus.

            The Interstate Aviation Committee as a standing executive body, responsible for practical implementation of the present Agreement, ensuring the work of the Counsel and implementation of its decisions. Contracting States participate in the work of the Council through their Accredited Representatives.

            ARTICLE 9. The Interstate Aviation Committee is the legal successor of the Commission for the Use of Airspace and Air Traffic Control, of the Commission for the State Flight Safety Supervision, of the Ministry of Civil Aviation (in the field of the functions, agreed on by Contracting States) as well as of the obligations on international agreements of the forma: USSR in the field of international air transport and participation in the -work of the ICAO.

            The issues, concerning conclusion of new international agreements, involving the interests of all Contracting States, shall be discussed in the Council on Aviation and the Use of Airspace.

            ARTICLE 10. The Interstate Aviation Committee when discharging its duties in the territory of each Contracting State, enjoys in keeping with that State's national legislation, such legal capacity and authority, which is required for it to function in the framework of the present Agreement.

            ARTICLE 11. The Interstate Aviation Committee has the right to have within its jurisdiction, on agreement with Contracting State;, scientific and research organizations, as well as temporary scientific and research groups, expert and consulting bodies.

            ARTICLE 12. The Interstate Aviation Committee has within its jurisdiction, on agreement with Contracting States, organs of air traffic control, of navigation information, of certification and inspection-

            ARTICLE 13. The Interstate Aviation Committee and its bodies, as well as its programs (projects) are financed by means of allocations from aviation enterprises and/or budgets (payments) of Contracting States, as well as of deductions from navigation services of flights and charges, collected for certification and other revenues.

            The share of a allocations (deductions) of each Contracting State is defined in proportion to the general volume of air transportation activities of each signatory to the present Agreement.

            The order of financing is established by Contracting States.

CONCLUDING ISSUES

            ARTICLE 14. Contracting States recognized that the existing benefits for the civil aviation personnel extend to the personnel of the Interstate Aviation Committee and its bodies, and are effective in the territories of all the States-signatories to the present Agreement.

            ARTICLE 15. All disputes and disagreements between two or more Contracting States, that cannot be settled through negotiations between them, at the request of any State, involved in these disputes and disagreements, are resolved by the Council on Aviation and the Use of Airspace, and in case of the failure to reach the agreement by the above Counsil, disputes and disagreements are submitted to the consideration of the heads of the governments of Contracting States.

            ARTICLE 16. Contracting States may claim legal and economic liability for failure to carry out the present Agreement.

            ARTICLE 17. The present Agreement shall be effective in the territories of the signatories, as well as in the areas of open airspace, where, in accordance with the agreements, signed by the USSR, the responsibility for the air traffic support rests with the former Soviet Union.

            ARTICLE 18. The Agreement is open for joining by any State, recognizing the present Agreement. New signatories to the Agreement may be accepted by consent from all Contracting States. The Council on Aviation and the Use of Airspace may make a decision to grant certain States the status of associate members or observers. Any Contracting State has the right to cancel its membership in the Agreement, notifying the Council on Aviation and the Use of Airspace 12 month before its withdrawal.

            ARTICLE 19. All the amendments and additions to the present Agreement shall be approved by all the signatories to the Agreement.

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

            ARTICLE 21. The Contracting States agree that the headquarters of the Interstate Aviation Committee is situated in the city of Moscow. The location of other bodies within the Interstate Aviation Committee's jurisdiction, is established upon agreement with the Contracting States.

            ARTICLE 22. The settlement of the issue involving property ownership rights of the now deduct Ministry of Civil Aviation is carried out upon a separate Agreement between Contracting States.

            ARTICLE 23. The present Agreement is coming into force from the moment of its signing by no less than three Accredited Representatives of the Contracting States.