その他令和7年2月5日
航空協定第5条・第6条および第7条(抜粋)
掲載日
令和7年2月5日
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号外
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p.8 - p.9
号外p.8-p.9
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ARTICLE 5
The charges which either of the Contracting Parties
may impose, or permit to be imposed, on the designated
airlines of the other Contracting Party for the use of
airports and other facilities under its control shall be
just and reasonable and not higher than would be paid for
the use of such airports and facilities by the airlines of
the most favoured nation or by any airline of the former
Contracting Party engaged in international air services.
ARTICLE 6
1. Fuel, lubricating oils, spare parts, reqular equipment
and aircraft stores retained on board aircraft engaged in
the agreed services operated by the designated airlines of
either Contracting Party shall be exempt from customs
duties, excise taxes, inspection fees and other similar
duties, taxes or charges in the territory of the other
Contracting Party, even when they are consumed or used on
the part of the journey performed over that territory.
2. Fuel, lubricating oils, spare parts, reqular equipment
and aircraft stores taken on board aircraft of the
territory of the other Contracting Party and used in the
agreed services shall, subject to the requlations of the
latter Contracting Party, be exempt from customs duties,
excise taxes, inspection fees and other similar duties,
taxes or charges.
3. Fuel, lubricating oils, spare parts, reqular equipment
and aircraft stores introduced for the account of the
designated airlines of either Contracting Party and stored
in the territory of the other Contracting Party under
customs supervisions for the purpose of supplying aircraft
of those designated airlines, shall, subject to the
regulations of the latter Contracting Party, be exempt from
customs duties, excise taxes, inspection fees and other
similar duties, taxes or charges.
4. Nothing in this Article shall prevent either
Contracting Party from imposing, on a non-discriminatory
basis, taxes or other similar charges on fuel supplied in
its territory for use by aircraft engaged in the agreed
services operated by the designated airlines of the other
Contracting Party for the journey performed:
(a) in the case of the designated airlines of Japan,
between points in the territory of the Republic
of Croatia or between a point in the territory of
the Republic of Croatia and a point in the
territory of another Member State; ano
(b) in the case of the designated airlines of the
Republic of Croatia, between points in the
territory of Japan.
ARTICLE 7
1. (a) Each Contracting Party reserves the right to
withhold or revoke the privileges specified in
paragraphs 1 and 2 of Article 4 of this Agreement
in respect of an airline designated by the other
Contracting Party, or to impose such conditions
as it may deem necessary on the exercise by the
airline of those privileges, in any case where
one of the following conditions is satisfied:
(i) in the case of an airline designated by the
Republic of Croatia:
(A) the airline is not established in the
territory of the Republic of Croatia or
does not have a valid operating licence
issued by a Member State in accordance
with the law of the European Union;
(B) effective regulatory control of the
airline is not exercised or not
maintained by the Member State
responsible for issuing its air
operator's certificate, or the relevant
aeronautical authority is not clearly
identified in the designation;
(C) majority ownership and effective
control of the airline are not vested
in Member States or States listed in
Annex II, or in nationals of such
States;
(D) the airline does not have its principal
place of business in the territory of
the Member State from which it has
received its operating licence;
(E) the airline has been given operating
permission under an agreement between
Japan and another Member State for air
services, and Japan can demonstrate
that it would be circumventing
restrictions on routes and capacity
under that agreement by operating
agreed services under this Agreement on
a route which includes a point in that
other Member State; or
(F) the airline holds an air operator's
certificate issued by a Member State
and there is no agreement between Japan
and that Member State for air services
and that Member State has not consented
to the operation of international alr
services by an airline of Japan between
Japan and that Member State; and
(ii) in the case of an airline designated by
Japan, substantial ownership and effective
control of the airline are not vested in
Japan or in nationals of Japan.
(b) In exercising its right under this paragraph, anc
without prejudice to its rights under
subparagraphs (a) (i) (E) and (F) of this
paragraph, Japan shall not discriminate between
airlines designated by the Republic of Croatia,
of which majority ownership and effective control
are vested in Member States or States listed in
Annex II, or in nationals of such States, on the
basis of their ownership and control.
2. Each Contracting Party reserves the right to suspend
the exercise by a designated airline of the other
Contracting Party of the privileges referred to in
paragraphs 1 and 2 of Article 4, or to impose such
conditions as it may deem necessary on the exercise by the
airline of those privileges, in any case where such airline
fails to comply with the laws and regulations of the
Contracting Party granting those privileges or otherwise
fails to operate in accordance with the conditions
prescribed in this Agreement; provided that, unless
immediate suspension or imposition of conditions is
essential to prevent further infringements of such laws and
regulations, or unless immediate action is required for
reasons of aviation security or of the safety of air
navigation in accordance with the provisions of paragraph 6
of Article 13 or paragraph 3 of Article 14 of this
Agreement respectively, this right shall be exercised only
after consultations with the other Contracting Party.
ARTICLE 8
There shall be fair and equal opportunity for the
designated airlines of both Contracting Parties to operate
the agreed services on the specified routes between their
respective territories.
ARTICLE 9
In the operation by the designated airlines of either
Contracting Party of the agreed services, the interests of
the designated airlines of the other Contracting Party
shall be taken into consideration so as not to affect
unduly the services which the latter provide on all or part
of the same routes.
ARTICLE 10
1. The agreed services provided by the designated
airlines of the Contracting Parties shall bear a close
relationship to the requirements of the public for such
services.
2. The agreed services provided by a designated airline
shall retain as their primary objective the provision at a
reasonable load factor of capacity adequate to current and
reasonably anticipated requirements for the carriage of
passengers, cargo and mail originating from or destined for
the territory of the Contracting Party which has designated
the airline. Provision for the carriage of passengers,
cargo and mail both taken on and discharged at points on
the specified routes in the territories of States other
than that designating the airline shall be made in
accordance with the general principles that capacity shall
be related to:
(a) traffic requirements to and from the territory of
the Contracting Party which has designated the
alrline;
(b) the requirements of through airline operation;
and
c) traffic requirements of the area through which
the airline passes, after taking account of local
and regional services.
3. Capacity to be provided by the designated airlines of
the Contracting Parties in respect of the agreed services
shall be agreed through consultations between the
aeronautical authorities of both Contracting Parties in
accordance with the principles laid down in Articles 8, 9,
and paragraphs 1 and 2 of this Article.
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