その他令和8年2月27日
日本国とルクセンブルク大公国との間の航空協定
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日本国とルクセンブルク大公国との間の航空協定
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(右条約の英文)
AGREEMENT BETWEEN
JAPAN AND THE GRAND DUCHY OF LUXEMBOURG
FOR AIR SERVICES
The Government of Japan and the Government of the Grand Duchy of Luxembourg,
Desiring to conclude an agreement for the purposes of establishing and operating air services between and beyond their respective territories; and
Being parties to the Convention on International Civil Aviation opened for signature at Chicago on 7 December 1944,
Have agreed as follows:
ARTICLE 1
Definitions
1. For the purposes of this Agreement, unless the context otherwise requires:
(a) the term “Convention” means the Convention on International Civil Aviation opened for signature at Chicago on 7 December 1944, including any Annex adopted and amended under Article 90 of that Convention and any amendment made to the Convention under Article 94 thereof insofar as such amendment has been ratified by both Contracting Parties;
(b) the term “aeronautical authorities,” means, in the case of Japan, the Minister of Land, Infrastructure, Transport and Tourism and any person or body authorised to perform any functions on civil aviation at present exercised by the said Minister or similar functions, and, in the case of the Grand Duchy of Luxembourg, the Minister responsible for civil aviation and any person or body authorised to perform any functions on civil aviation at present exercised by the said Minister or similar functions;
(c) the term “designated airline” means an airline which one Contracting Party has designated by written notification to the other Contracting Party for the operation of air services on the routes specified in such notification, and to which the appropriate operating permission has been given by that other Contracting Party, in accordance with the provisions of Article 3 of this Agreement;
(d) the term “territory” means a territory as defined in Article 2 of the Convention;
(e) the terms “air service”, “international air service”, “airline” and “stop for non-traffic purposes” have the meanings respectively assigned to them in Article 96 of the Convention;
(f) the terms “Annex I” and “Annex II” mean Annex I and Annex II to this Agreement or as amended in accordance with the provisions of Article 18 of this Agreement;
(g) the term “specified route” means any of the routes specified in Annex I;
(h) the term “agreed service” means any air service operated on the specified routes; and
(i) the term “Member State” means a Member State of the European Union.
2. Annex I and Annex II form an integral part of this Agreement, and all references to the “Agreement” shall include reference to Annex I and Annex II except where otherwise provided.
ARTICLE 2
Rights to establish and operate the agreed services
Each Contracting Party grants to the other Contracting Party the rights specified in this Agreement, particularly to enable its designated airlines to establish and operate the agreed services.
ARTICLE 3
Inauguration of the agreed services
1. The agreed services on any specified route may be inaugurated immediately or at a later date at the option of the Contracting Party to which the rights are granted under Article 2 of this Agreement, subject to the provisions of Article 10 of this Agreement, and not before:
(a) the Contracting Party to which the rights have been granted has designated an airline or airlines for that route; and
(b) the Contracting Party granting the rights has given the appropriate operating permission in accordance with its laws and regulations to the airline or airlines concerned; which it shall, subject to the provisions of paragraph 2 of this Article and of paragraphs 1 and 2 of Article 7, be bound to grant without delay.
2. Each of the airlines designated by either Contracting Party may be required to satisfy the aeronautical authorities of the other Contracting Party that it is qualified to fulfill the conditions prescribed by the laws and regulations normally and reasonably applied by those authorities to the operation of international air services.
ARTICLE 4
Privileges of airlines
1. The airlines of each Contracting Party shall enjoy the following privileges in respect of their international air services:
(a) to fly across the territory of the other Contracting Party without landing;
and
(b) to make stops for non-traffic purposes in the territory of the other Contracting Party.
2. Subject to the provisions of this Agreement, the designated airlines of each Contracting Party shall enjoy, while operating an agreed service on a specified route, the privilege to make stops in the territory of the other Contracting Party at the points specified for that route in Annex I for the purposes of discharging and of taking on international traffic in passengers, cargo and mail separately or in combination.
3. Nothing in paragraph 2 of this Article shall be deemed to confer on the airlines of one Contracting Party the privilege of taking on, in the territory of the other Contracting Party, passengers, cargo or mail carried for remuneration or hire and destined for another point in the territory of that other Contracting Party.
ARTICLE 5
Charges for the use of airports and other facilities
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 shall not be higher than those which 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
Exemption from customs duties and taxes
1. Fuel, lubricating oils, spare parts, regular 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, regular equipment and aircraft stores taken on board aircraft of the designated airlines of either Contracting Party in the territory of the other Contracting Party and used in the agreed services 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.
3. Fuel, lubricating oils, spare parts, regular 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 Grand Duchy of Luxembourg or between a point in the territory of the Grand Duchy of Luxembourg and a point in the territory of another Member State; and
(b) in the case of the designated airlines of the Grand Duchy of Luxembourg, between points in the territory of Japan.
ARTICLE 7
Revocation of the privileges and other measures
1. 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:
(a) 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; and
(b) in the case of an airline designated by the Grand Duchy of Luxembourg:
(i) the airline is not established in the territory of the Grand Duchy of Luxembourg or does not have a valid operating licence issued by a Member State in accordance with the law of the European Union;
(ii) 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;
(iii) 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;
(iv) 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;
(v) 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
(vi) 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 air services by an airline of Japan between Japan and that Member State.
2. In exercising its right under paragraph 1 of this Article, and without prejudice to its rights under subparagraphs (b)(v) and (vi) of paragraph 1 of this Article, Japan shall not discriminate between airlines designated by the Grand Duchy of Luxembourg, 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.
3. 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
Fair and equal opportunity
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
Capacity
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) the traffic requirements to and from the territory of the Contracting Party which has designated the airline;
(b) the requirements of through airline operation; and
(c) the 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 Article 8, and paragraphs 1 and 2 of this Article.
ARTICLE 10
Tariffs
1. The tariffs on any agreed service shall be established by the designated airlines of both Contracting Parties at reasonable levels based upon commercial considerations, due regard being paid to all relevant factors including cost of operation, reasonable profit and characteristics of services (such as standards of speed and accommodation).
2. The aeronautical authorities of each Contracting Party may require the designated airlines of the Contracting Parties to provide information relating to the establishment of the tariffs.
3. If required by the laws and regulations of either Contracting Party, the aeronautical authorities of that Contracting Party may also require the designated airlines of the Contracting Parties to submit tariffs proposed to be charged for approval for carriage to or from the territory of that Contracting Party in accordance with its applicable procedures, provided that such submission shall not be required to be made more than thirty (30) days before the proposed date of introduction of the tariffs. The aeronautical authorities of that Contracting Party then shall have the right to approve or disapprove such tariffs, and to ensure, in accordance with its applicable procedures, that the designated airlines conform to the tariffs fixed.
4. The aeronautical authorities of either Contracting Party may request consultations with the aeronautical authorities of the other Contracting Party if they believe that any tariff proposed to be charged or charged by the designated airlines of the Contracting Parties is inconsistent with the provisions in paragraph 1 of this Article. Such consultations shall be held not later than thirty (30) days after receipt of the request. The Contracting Parties shall cooperate in securing information necessary for reasonable resolution of the issues. If the aeronautical authorities of the Contracting Parties reach agreement, the aeronautical authorities of each Contracting Party shall inform designated airlines of that Contracting Party of the results and, as necessary, request them to submit revised tariffs. If no agreement is reached, those tariffs shall be charged or continue to be charged.
ARTICLE 11
Corporate activities of the designated airlines
1. The designated airlines of either Contracting Party shall be permitted, in accordance with the applicable laws and regulations of the other Contracting Party, to establish and maintain in the territory of the other Contracting Party their branches and to engage in activities necessary for the operation of the agreed services.
2. The designated airlines of either Contracting Party shall be entitled, in accordance with the applicable laws and regulations of the other Contracting Party, to bring in and maintain at their branches in the territory of the other Contracting Party their own managerial, technical, operational and other specialist staff as are reasonably required for the provision of air services.
3. The designated airlines of either Contracting Party shall be permitted to transfer freely, in accordance with the applicable laws and regulations of the other Contracting Party, in convertible currencies, at the prevailing rate of exchange in the official market at the time of remittance, the excess of receipts over expenditure earned by those airlines in the territory of the other Contracting Party in connection with the operation of the agreed services, and to establish and maintain, for the operation of such agreed services, deposit accounts in foreign currencies and in convertible domestic currency in accordance with the applicable laws and regulations of the other Contracting Party.
ARTICLE 12
Provision of information and statistics
The aeronautical authorities of either Contracting Party shall supply to the aeronautical authorities of the other Contracting Party, upon request, such information and statistics relating to traffic carried on the agreed services by the designated airlines of the former Contracting Party to and from the territory of the other Contracting Party as may normally be prepared and submitted by the designated airlines to their national aeronautical authorities for publication. Any additional statistical traffic data which the aeronautical authorities of one Contracting Party may desire from the aeronautical authorities of the other Contracting Party shall, upon request, be a subject of mutual discussion between the aeronautical authorities of the two Contracting Parties.
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