_'.!'.i-fo セjZMMオ@ bNZセjNZP@ gᄆMセ⦅QェjNj|ZNZZゥNZZゥセZZZNNQZZGM -"ikv J.r.LG gカカBeェゥエャセセゥャゥ[セMセセMqf@ Gゥ Qセゥセ@ iセセZZ]@ . .i::i.!.H }サXセセャ⦅Lセ@
ᆪ[カイuセj[ZャZセMセセセゥyセゥc⦅セセMMbjゥ[ゥャ|セゥゥAセAt⦅セnjゥ⦅⦅⦅ュセセイセjj@
セQQNキ@ ゥIZセN@ ゥZエエNZZRセセqGNヲGN[⦅ᄋLセ@ .w ⦅ZZNNセセli@ f セG@ NイエZMZNZNセZR@ •
ᄋセィ・@ Governnent of tiLe セ[オ「ャゥ」@ of Indonesia
and the Government of the ItaL:i..an .Ltepublic,
C 0 .2 Y.
Being parties to the セッョカ・ョエゥッョ@ on International
Civil b.viation opened for signature at PQZlゥ」。Zセッ@ on the
seventh do.y of De.cer:iber, QYTlセL@ and
Desiring t6 conclude an AGreement, ウオーセャ・ョ・ョエ。イケ@
to the said lionvention, for the purpose of establishinG air services between anc1 beyonc_ Indonesian and Italian territories,
Have agreed as follows:
For the pupose of the. present asreenent, unless
the context otherwise requires:
(a) the terE1 "the Convention" means the Cionvention
en International· Civil aviation opened r'or. signatur.e at Chicago on the fjeventh day of
:Uecenber 191+4 and includes any .i.:..1.nnex セ、ッーエヲ、@
under セエゥ」ャ・@
90
of that Gonvention and.anyamendment of t:ne ..;-.. nnexes or Convention und.er セイエゥ」ャ・ウ@ 90 or 94 thereof;
(b) the tern ttaeronautical authority" means.
in
エィセ@ case of the nepublic of Indonesia エィセ@
iセNQNゥョゥウエ・イ@ of 0om!aunicatione and. a.ny person
/
"r body authorised to perforr:i functions at present exercised by the said Minister or sinilar functicns, and, in the 」。ウセ@ of the Italian Republic, the セゥョゥウエW@ of iransport and Ciivil .Aviation., Inspectorate General of Civil Aviation and any person or body
authorised to perfcrn any functions at present axercised by the said. authorities or similar functions.
(c) the tern "designated airline" r:ieans an airline which one Contracting lart;r shall have
desisnated, by written notification to
other Gontracting セ。イエケL@ in accordance with
セイエゥ」ャ・@ 3 of the present セUイ・・ュ・ョエL@ fo1 the
operation of air services on the routes specified in such notification.;
(d) the term "territory" in relation to a 0tate
means the land areas and territorial waters adjacent thereto under the sovereignty,
protection or trusteeship of that 」ゥセ。エ・[@ and
Ce> the term nair servicen, 0international air
service", "air-line" and "stop for non-traffic· purposesff have the meanings respectivel;y
· assisned to then in Arti.cle 99 of the 0onvention.
J.\ •• 、セ@ IC ゥNゥセ@ 2
(1) セ。」ィ@ Contracting NゥZセ・NNイエケ@ grants to the other Gont'racting .t-·arty the rights specified in the present
.t-.. greement for the purpose of establishing air services on the routes specified in the appropriate セ・」エゥッョ@ of the Jchedule thereto (hereinafter called QQ エセQ・@ agreed
services" and }'the specified routestt).
The agreed services ma;y be inaugurated ir:1me6.iately or at a later date subject to the provisions of セイエゥカャ・@ 3 the present セァイ・・ュ・ョエN@
(2) Subject to the provisions of the present Agree-ment, the designated airline of each Contracting セ。イエケ@
shall enjoy the following privileges:
(a) to fly without landing across the territory of the other Gontraeting Party.;
(b) to land in the territory of the other
0ontracting rarty for non-traffic purpose; and
(c) while operating an agreed service on a
specified イッセエ・@ to ruake stops in the territory of tbe other セッョエイ。」エゥョァ@ l?ar.ty, on the ーセゥーエ@ s specified for that route in the Annex to the present Agreement, for the.purpose of putting down and taking on international traffic
in.passengers, cargo and mail. coming from or destined to the territory of the other
. .
Contiiactinf!i· セ。イエケ@ or of a third vountry.
(3) Nᄋnッエィゥョセ@ in paragraph (2) of this Article shall be deemed to confer on the airline of one Contracting Part·y the privileges- of taking up in the terr.itory of the other
•
Contracting
Party,
passengers, cargo, or mail carried for remuneration or hi-re and d·eatined for another point in theterritory of that other Oon.tracting Party.
(4) The laws, regulations and instructions of one Contracting Party relating to the entry into· or departure from its territory of aircraft or air services operated in international air navigation or to the operation of .such aircraft or air services while ·within its territory shall be applied_ to the aircraft and agreed services of the designated airline
er
the ether Contracting Party.(5) Notwithstanding the provisions of paragraphs (1} and (2) ef this セエゥ」ャ・ Y@ the operation of agreed services in· areas of· hostilities or military accupation, or in
·areas affected therebj, shall, in accordance with Article
9
of the 0onvention, be subject to the approval of the competent military authorities.
Jiii'.•.
(1) Each Contracting }arty shall designate in writing to the other Gontractint,
larty
an airline for the purpose of operating theaLreed
se1'>'\ttices on the specified routes.( 2)
---
0n • • • .(2) Un receipt of the ciesignaticn, the other Uontro.ct·
1ng Farty shall, subject to the provisions of paragrapha (3)
and (4) of this Article, without delay grant to the airlinE: designated the appropriate operating authorization.
(3) The aeronautical authorities of one Contracting
セ。イエケ@ may request the airline so designated by the other
0ontractin€, _.:arty to satisfy them that it is qualified to fulfil the conditions presribed under the laws and
regulations normally and reasonably applied by them in conformity with the provi:::ioD.s the ltonvention to the operation of international ・ッセ Qセセ・イ」ゥ。ャ@ air services.
HlセI@ bach Ciontractins .i.·arty shall have the right to refus8 to accept the desiGnation of an uirline and to withhold.. or revoke -che :__. ·eio Cln aJ_rli111s of the privile-ges specified in·paragraph (2) of .:...rticle 2 of the present Agreement or to ゥセーッウ・@ such conditions as it may deem
necessary on the exercise by an airline of those privileges in any case where it is not satisfied that substantial
ovm.ership and effective control of that airline are- ves-:::
in th& 0ontracting セ。イエケ@ ignating the airline or in
nationals of the Gontrac.tiEg -':arty designating the ·airline. (5) At any time after エセ・@ provisions of ー。イ。ァイセーィウ@ (1) and (2) of this ..-.rticle have been conplied with, the airline so designa:t:ed and authorised may bei_:;in to operate the abreed services, . - - . ! .,.,,:. that a service> shall be operated unless
a tariff is in force in respect of it, established in
accordance with the provisions of セイエゥ」ャ・@ 6 of the present .:-.1.greenent.
(6) +:"e right
to suspend the exerci a by the airline of privileges specified in porae;raph (2·· of icle 2 of the present セァイ・・ュ・ョエ@ or to inpos0 r h cnnditions as it may deem
necessary on exc:. :.i., オセ[NO@ jNャcセ@ c of those
privileges in any case airline fails to co:J1ply with the laws and regulations of the Contracting セ。イエケ@
gra.iltlh:gg those privileges or otherwise fails to operate in accoi;dance with the conditions prescribe'ci .in the present Agreement; provided that, unless irrunediate . suspension or imposition of conditions is essential to
prevent further infrinsements of laws or regulations,
ARTICLE 4
In order to prevent discriminatory practices and to assure equality of treatment for both Contracting Parties in respect of custans duties and fiscal treatment, it is agreed that:
(a) The aircrnft of the designated airline ff ene Contracting Party, engaged in the agreed services, she.11 be ad.mi tted inte the territory of the other Contracting Party free frora セオウエッNュウ@ duties and fi£cul
chc:.rges;
(9.) Fuel, lubricating oils, spo.re parts, aircraft
ウエセ・ウ@ 」セョ、@ regular airborne equip11ent on board
aircraft of the designated 2.irline of one Contracting·Party to operate the セァイ・・、@
serv.ices shsi.11 be 。」lセゥエエ・、@ into the territory pf the other Contracting Party exempted from cuet•ms duties and other fiscal .·churges, even
when such supplies are·to be ·used or consumed
by such aircraft during flights over the said territory.- \fuey may not be unloaded exeept with the approval of the customs o.uthorities ef the other Contracting Party;
(c) Fuel, lubricating oils, spurc parts Gnd regulo.r airborne equipment introduced int• ·the territory of one cッョエイセ」エゥョァ@ Party and
intended solely for use by aircraft of the designated airline.of the other Contracting Porty operating the セァイ・・、@ services, sh&ll be
exonpted from custons duties and other fiscal charges, subject to tho customs regulntions normnlly applied in the ウセゥ、@ territory;
(d) Fuel and lubricating oils taken on board
uir;•aft in the territory of one Contracting
Party by the other Contracting pセイエケ@ shall
pe
exempted froo eustol!ls duties and any other ヲゥウ」イセャ@ charges in compliance with the· customsregulations in forc6 in the ウセゥ、@ territory.
(e) The naterials enjoying the exemptions from any customs duties and any other fiscal charges under the provisions of the above paragraphs, cannot be used for purposes other than the operation of air services and they shall be re-exported failing their use er 」ッョウセエャーエゥッョL@ unless they are
nationalized under the provisions in force in the territory of the Contracting ?arty concerned. Waiting for their use and
disposal, they shall be kept under customs supervision and control.
AR1
r
I CL.c;
!2
(1) .· There shall be fair and equal opp•rtunity for
the airlines of both Contracting Parties to operate the agreed services on the specified routes between their respective territories.
(2) In operating the agreed servicei, the airline of ·each Vontracting セ。イエケ@ shall take into account the
interest of the airline of the other oッョエイ。」エゥョセᄋf。イエケ@
so as not to affect unduly the services which the latter provide on the whole or part of the same route.
(3) The agreed sBrvices provided by the designatsd
airiines of both Contrqcting Parties shall bear close
relationship to the requirements of the public f.or transportation on the specified routes and shall have as their prinary objective the provision, at a reasona-ble load factor of Oapasity adequate to carry the 」オイセ@
rent and reasonably anticipated requirements for the carriage of passengers, cargo and mail between the
terri-'
tories of the Contractine Party which has desi5nated the airline and the territory of the other Contracting p。イエケセ@
セイッカゥウゥッョ@ for the carriage of passengers, cargo and mail
both taken up and put down at points on the specified routes in the territoeries of btates other than that designating the airline shall be made in accordance with the general principles that capacity shall be related to:
Hゥセ@ traffic requirements to and from the
territory of the 0ontracting ?arty which has designated the airline;
(ii) traffic requirements of the area through which the airline passes, after taking account o! other transport services
established by the airline of the States comprising the area; and
(iii) the requirements of through airline operationJ (4) Before inauguration of the agreed services and
ror tho subsequent changes of capacity the aeronautical authorities of the Contracting セ。イエゥ・ウ@ shall agree to the practical application of the principles contained in the previous ー。イ。ァイ。セィウ@ of this セイエゥ」ャ・@ for the operation of the agreed ウ・イカセ」・ウ@ by the.designated airlines.
(5) It is agreeq エィセエ@ the designated airline by each
Contracting セ。イエケ@ shall have in any case the right to operate
a "minimun" of 2 (two) services per week on the specified
routes.
ARTICLE 6.
(1) セィ・@ tariffs· on any agreed servicet shall be establish-ed at reasonable levels, due reg_ard be ins paid to all relevant !actors ゥセ」ャオ、ゥョァ@ cost
6f
operation, reasonable profit)characteristics of service (such as standards of speed and · accon.odation)
and,
where it is deemed suitable, the tariffsef other airline for any part of the specified rqute.
These tariffs shall be fixed in accordance with the following provisions of this Article.
(2) The tariffs referred to in paragraph (1) of this Artiole, together with t·he rates of agency eo:amission used in relation with them shall, if possible, be agreed in res-pect of each of the specified routes between the designated airlines concerned, in consultation with other airlines •pe-ratins over the whole or part ·of that route, and such agree-nent shall, where possible, be reached through the ratefix-ing machinery of the International Air Transport Association.
The tar.if
ts
so agreed shall be subject to the approval of the eeronautieal authorities of both Contracting Parties andsubmitted at least 30 (thirty) days prior
to
the proposeddate of their introduction. This period may be reduced in
special cases i ! the Aeronautical authorities so agree.
(3)
If the designated airlines cannot agree on any ofthese ta.rifts, or if for some other reason a tariff cannot
be agreed in accordance with the provisions of paragraph (2)
ot
this Article, the aeronautical authorities o! theContrac*-セセ@ Parties shall. try to determine the tariff by agreem£nt
taetween
themselves .•(4) . If the aeronautical authorities cannot a.gree on
the approval of any tariff submitted to エィ・セᄋ@ under paragraph (2) of this Article or on the determination of any tariff·
under ー。イ。ァセ。ーィ@
(3),
the dispute shall be ウ・エエセセ、@ ゥセ@accor-dance .with the provisions of セイエゥ」ャ・@
9
of the present セァイ・ッᆳment.
(5) (a) No tariff shall come into ·force if the aero-nautical authorities ·of either Contracting
セ。イエケ@ are dissatisfied with it except under the provisions of paragraph (j) of Article
9
of ·the ーイ・ウ・ョセ@ Agreement.{b) When tariffs have been established in accor-dance with the provisions of this Articlet . セ@ these tariffs shall remain in force until new tariff a have been established in accordance with the provisions of this Article •
Nゥ|NrtゥセlN。NZゥ@ 2
The aeronautical authorities of either Gontracting J:art1 shall supply to the aeronautical authorities of the other Contracting l。セエケ@ at their イ・Bqスu・セエ@ such periodic or other statements of statistics as nay be reasonably required ヲッセ@ the purpose of reviewing the capacity provided on the 。ァセ・・、@ services by the d6signatcd airline of the first
uontraeting
セ。イエケN@gUCh statements shall include all information
required
todetermine
the amount of traffic carried by thoseaJ..rlines on the
agreedservices.
セセᄋャN@ セ@ vャNエセ@ 8
---There shall be regular and ヲイ・アオセョエ@ consultation between the aeronautical authorities of the vontracting
l arti0s to eセョウオイP@ close collaboration in all :r:iattcrs
affect-ing the fuliilr.1cnt of the present .i.greenont.
Guch consultation shall take place within 60 (sixty) days from the date of the request.
(1) If any dispute arises between the 0ontracting
l-arti:ss relating to the intorprct_ation or application of the present .'1.0 rcenEmt, the r__,ontract .L m::-:: s shall in the first
place endeavour to settle it by ョ・セッエゥ。エゥッョ@ between エィセュ@ -selves.
(2) If the 0ontractinb .3::artit::s fail· to reach a settle-ment by nee;otiations, the dispute may at tho rec1uest of ・ゥセ@ エィeGNセイ@ Contractins i-arty be subnitted for decision to a tribu-nal of .three arbitrators,. ono to be noninated by each· Con-tracting セM。イエケ@ and エィセ@ third to be 。ーーッゥョエeセ、@ by the t\vo so noninated.
Lach of the Contractin5 larti2s ウィセャャ@ noninatc an arbitrator within a period of sixty (60) days from the date of rt:c€ipt by either cッョエイ。」エゥセァ@ :t·arty from the other of a ョッエゥセ・@
through the diplomatic channels イ・セオッウエゥョァ@ arbitration of the dispute, and the third arbitrator shall be 。ーーッセョエ・、@ within a further period of sixty (60) days. If either of the Con-tracting iartiAs fails to ョッセゥョ。エ・@ an arbitrator within the period spacified, or if the third arbitrator ·is not appointed within the period specified, the l:resident of. the (;ouncil of _.,, the International Gi vil aviation Orr,anisation may bs
reciues-ted by &i thcr Gontractine:. ..c· arty to appoint an arbitrator or arbitrators as the case requires.
(3) The gッョエイ。」エゥョセ[ZL@ .-。イエゥセᄋZウ@ undertake to cc·':.,ply with
any decision ァセカPョ@ オョセ・イ@ parasraph (2J of this セイエゥ」ャ・N@
(4) If and so long as either セッョエイ。」エゥョァ@ セ。イエケ@ 6r th8 、ッウセァョ。エP、@ 。セイャゥョ・@ of 」セエィセイ@ Contracting iarty fails te
eomply with a decision given under ー。イ。ァセ。ーィ@ (2) of this "'"'rticle, the other 0ontracting 1:-arty nay li:r.iit, withhold
•r revoke
any rights or ーイゥカゥャ・セ・ウ@ which it has granted byセrtigu@ 10
(l)
If either of the Contracting Parties considers it desirable to m.odify any prevision of the presentAgree-ment
including the Schedule hereto, such modification, itagreed between the Contracting larties, shall come intc
セセM .. , . - . , . . ' . セ@
effect when confirmed by an セク」ィ。ョァ・@ of Notes. セセ[[Z[[[ッ@ .. :;;7,#--• セMセ@ .. NNLLLLNMセGBGNNLNセᄋMセM]MM · ...
(2) In the event of the conclusion of any general multilateral convention concBrning air transport by which
\oth
Contracting Parties become bound, the present Agreementshall
be am.ended so asto
con.form with the provisions ofsuch
convention.NwゥtャHNLセ@
...11
Either Ccntracting Party may at any time give
notice to the
other Contracting }artyif
it desir6sto
エ・セュゥョ。エ・@ the present aァイ・・ュ・ョエセ@
Such notice .shall be simultaneously communicated to the
iセエ・イョ。エゥッョ。ャNcゥカゥャ@ ,.d.viation vrganisation. If such notice
is
given, the present Agreement shall terminate twelve (12)months
after the date of receipt of the notice by the otherContracting Farty, unless the notice to terminate is
with-drawn
by agreement before the expiry of this period.ln
the c.bsence
o!
acknowledgement of receipt by the etherContraoting セ。イエケL@ notice shall be deemed to have been
received fourteen (14) days after the receipt of the notice by the International Civil .d.viation Organisation.
i..11.TIOLE 12
The
present aァセ・・ュ・ョエ@ and any Exchange cf Notes in aeeordanee with Article 10 shall be registered with the Iaternational Civil AViaticn vrga.nisation •.H.J:tTfCU
13
The present .ii.greement shall be suilject tc approvnl
according
to the procedures of each Contracting farty
andsh&.ll enter int,. force· en the sate of the J;:,xchange 」セ@
Notes
inf
arming sueh approval.
authorised thereto by th-:ir respocti ve Govornm(;nts, hav1.:-sicned the pr0sent .. ;i.5reemsnt:
Done this the sev<:;nth day of Decombcr , ninc.;tcen hundred_ and sixty six, in dupJicate in the; ·:i:nglish langgua§,c ッNセ@ Djakarta.
For
the Government of the Republic of IndonesiaFor the Governccnt 0f
of the Republic of iョ、ッョ・ウゥセ@
Djakarta - セゥョァ。ーッイ・@ or Kuala Lunpur Bangkok Bombay
-Karachi - Cairo or Beiruth - home - j;·aris セイ@ ]irankfurt
-.b.ffisterdao - London and v.v.
NUTE:
The designateu airline of the セセーオ「ャゥ」@ of Indonesia may on any or all flights omit calling at any of the 。「ッカ・セ・ョエゥッョ・、@ points, proviQed that the agreed services on these routes begin at a point in Indonesian territory.
rッオセ・@ to be operated by the desiv,n2ted airline
of the Italian Republic.
Points in Italy - one point in ᆪQQセゥ、、ャ・@ セ。ウエ@ - Karachi - one
point in India - Ceylon - Bangkok - Kuala .i.Jumpur or セゥョァ。ᆳ pore - Djakarta - セオイ。「。ェ。@ (Technical landing) - 1arwin (Technical landing) - '.I1
wo points in .b.ustralia - New
Zea-land and v.v.
セZ@
The designated airline of the Italian hepublie may
4n
any or all flights ッセゥエ@ calling at any of the abovemen-tioned points, provided that the agreed services on these?th of December 1966
Delegations representing the Goverbm.ents of
the Republie of Indcnesia and the Italian llepublic oet
セョ@ Djakarta in December, 1966, for discussions about the
present and proposed !uture operation of セゥイ@ Services
\eiween
the two countries.The Indonesia delegation was led by iカャイNeZエゥᄋfeャセᆳ
DI セNjhL@ who was accompanied by: Ccl.J..shadi Tjahjadi, mイN、セッヲェ。Nョ@ セコゥウ@ Bcerhanoedin, セゥイN@ Karno Barkah, Mr. Fachri
l\'.!ahmud,
Mr. George Riaakotta, ャv[NイNZイセオウオュッZ@ ..
?.etoJ?
and 1 .. r. Gazali dindhi.The Italian 、・ャセァ。エゥッョ@ was led by Geheral Fi:.;LlCh
SaNTINI,
who was accompanied by:Datt •
.n.nselo
Carusc,T.Col. l・ッョゥ、セ@ Quercietto, Dctt. Gualberto hicci Curbastrc,
Dott. Ferdinando セ・ャ。イ、ゥ@ Bieci and Dott. Gianfranco b・セョ。イ、ゥN@
In the course of the discussicn both delegations
agreed that
it·
wasnet
appropriateto
include in thepublish-ed
Abreement. references
to additicnal arrangements whichthe エセカッ@ Governments prc·posed tc Dake·, and stated that further
to the l>rovisions of the .Air oervices a.eireement 」」ョ」ャセ、・、@
between the two &overnnents, it would b.e their intontic)n
to
aQt
in certeJ,n matters in accordance with paragraph 2t., and 4 o! this memorandum.
セイ。ョウヲ・イ@ of 'the ex<fess of イ・」・ゥーセウセ@ ., . .. •.. . .,,
2. Each Contracting Party ァセセョエウ@ to the designated
airline of the other Contracting Party the right of free
transfer of the
excess
of receipts over expenditure earnedby this airline in its territory in connection with the
carriage
of ·passengers, mail and cargo.It the payment fer this 」。イイゥ。ァセ@ is made in U..::l.
Dollars the excess of receipts can be transfer· red in the
U.S Delle.rs.
If.
the . ー。ェゥイャセョエ@ ' is made in local curreney the excess o! . . --· セ@receipts can be c0nverted in Ucl11: Dollars at the cfficia.l
•ate·
cf eク・ィ。ョセ・L@ where ウオ」セᄋ。@ rate exists, er otherwiseat a rate equivalent to that at which the receipts were
earned ..
fieguencies.
;. Nctwithstanding
.
the provisi<.,n .in
Article 5para-graph
5
in respect of the number·cf fregue;n,cies, it isunde.rstood by both parttes that Garuda will continue operate
a onoe weekly frequency
.
・ョェ」セゥセァ@ . full tra!f ic rights en the,
route speeified.
The second イセ・アオ・セ@ will be operated セケ@ Garuda as socn as
· Uital1a ilill be in a posijion to opcJ:'ate aec.crding t<; i•8
operational and teehnieal
ー」セウゥ「ゥャゥエゥ・ウ@ of their servicesand aU'.V:a!t. セョ@ lijakru.eta Airport.
S\ttus
qf
エィセQG@ · mem(Jrandum. .·:-, 4• This me;mQrandum f crm.s· an ゥョエセァイ。ャ@ part .:·:f the
セゥイ@
aerVices
agreement concluded between theGovernment
cf the Itepublic of Niョ、ッョセウゥ。@ and tha G1.e:V€'rne;..!nt ッセ@ the Ital;ian セ・ーオ「ャゥ・@ cf. lndcnesia . and tho Gt.vernJ!1£:nt cf the
Italian Republic in Djakarte en the 7th of Decer1ber 1966,
。セ、Mウ「。ャャ@ be treated.. as confidential tc both ー。セエゥ・ウN@
'·
-. loi- ·'the Government o!
the
Republicct
1ndonesia...
.Fer the Gcvernoent:c!
the It,alian セッーオ「ャゥッ@ •
-· c_.,· .