--- title: "\"Соглашение между Правительством Российской Федерации и Правительством Демократической Социалистической Республики Шри-Ланка о воздушном сообщении\" [рус., англ.]" status: действует canonical: "https://bukva.ai/docs/soglashenie-mezhdu-pravitelstvom-rossiyskoy-2411/statya-22" --- # Статья 22 ### Статья 22 Вступление в силу Настоящее Соглашение вступает в силу с даты получения последнего письменного уведомления о выполнении Сторонами внутригосударственных процедур, необходимых для его вступления в силу. С даты вступления в силу настоящего Соглашения прекращает свое действие в отношениях между Российской Федерацией и Демократической Социалистической Республикой Шри-Ланка [Соглашение](https://bukva.ai/docs/soglashenie-mezhdu-pravitelstvom-sssr-i-383/statya-1) между Правительством Союза Советских Социалистических Республик и Правительством Цейлона о воздушном сообщении, подписанное 22 февраля 1964 г. В удостоверение чего нижеподписавшиеся, должным образом уполномоченные на то своими правительствами, подписали настоящее Соглашение. Совершено в г. Москве 26 марта 2012 г. в двух экземплярах, каждый на русском, сингальском и [английском языках](https://bukva.ai/docs/soglashenie-mezhdu-pravitelstvom-rossiyskoy-2411/statya-22#p100175), причем все тексты имеют одинаковую силу. В случае возникновения разногласий для целей толкования используется текст на английском языке.
(Подписи)
Приложение
к Соглашению
между Правительством
Российской Федерации
и Правительством
Демократической
Социалистической
Республики Шри-Ланка
о воздушном сообщении
**ТАБЛИЦА МАРШРУТОВ** 1. Назначенные авиапредприятия Российской Федерации имеют право выполнять международные полеты в обоих направлениях по следующим установленным маршрутам: | Пункты отправления | Промежуточные пункты | Пункты в Шри-Ланке | Пункты за пределами | | --- | --- | --- | --- | | Пункты в Российской Федерации | Любые пункты | Коломбо, другие пункты <*> | Любые пункты | --- <*> Другие пункты являются предметом договоренности между авиационными властями государств Сторон. 2. Назначенные авиапредприятия Демократической Социалистической Республики Шри-Ланка имеют право выполнять международные полеты в обоих направлениях по следующим установленным маршрутам: | Пункты отправления | Промежуточные пункты | Пункты в Шри-Ланке | Пункты за пределами | | --- | --- | --- | --- | | Пункты в Шри-Ланке | Любые пункты | Москва, другие пункты <*> | Любые пункты | --- <*> Другие пункты являются предметом договоренности между авиационными властями государств Сторон. Примечания: 1. Промежуточные пункты и пункты за пределами территории государств Сторон являются предметом договоренности между авиационными властями государств Сторон. Указанные пункты по усмотрению назначенных авиапредприятий могут опускаться. 2. Право назначенного авиапредприятия государства одной Стороны осуществлять перевозки пассажиров, груза и почты между пунктами на территории государства другой Стороны и пунктами на территориях третьих стран (использование прав "5-й свободы воздуха") является предметом договоренности между авиационными властями государств Сторон. 3. Любые полеты с использованием системы транссибирских, трансполярных и трансазиатских маршрутов в воздушном пространстве Российской Федерации являются предметом отдельной договоренности между авиационными властями государств Сторон. 4. Для выполнения чартерных и дополнительных рейсов, а также рейсов вне расписания полетов, назначенные и другие авиапредприятия государства одной Стороны должны направить предварительный запрос авиационным властям государства другой Стороны. Запрос представляется не позднее 120 часов до начала выполнения рейса, кроме выходных и праздничных дней. 5. Выполнение чартерных рейсов должно производиться в соответствии с законодательством, действующим на территории государств Сторон. 6. Назначенные авиапредприятия государства одной Стороны при эксплуатации договорных линий могут заключать коммерческие соглашения, включая соглашения о совместном использовании кодов с авиапредприятиями своего государства и авиапредприятиями государства другой Стороны. Такие соглашения должны быть одобрены авиационными властями государств Сторон. Предоставление авиапредприятиями сведений о коммерческих условиях таких соглашений не требуется. Подобные соглашения с назначенными авиапредприятиями третьих стран должны быть предметом отдельной договоренности между авиационными властями государств Сторон. Назначенные авиапредприятия государств Сторон могут заключать указанные соглашения только в случае соблюдения следующих условий: а) все авиапредприятия, участвующие в таких соглашениях имеют полномочия выполнять полеты по соответствующему установленному маршруту или его части; б) в отношении любого проданного билета авиапредприятие уведомляет покупателя в пункте продажи о том, какое авиапредприятие фактически выполняет авиаперевозку на каждом участке маршрута и с каким авиапредприятием покупатель вступает в договорные отношения. Емкости, предоставляемые назначенным авиапредприятием, выступающим при перевозках на условиях соглашения о совместном использовании кодов в качестве маркетингового партнера, не засчитываются. **AIR SERVICES AGREEMENT** **BETWEEN THE GOVERNMENT OF THE RUSSIAN** **FEDERATION AND THE GOVERNMENT OF THE DEMOCRATIC** **SOCIALIST REPUBLIC OF SRI LANKA** (Moscow, 26.III.2012) The Government of the Russian Federation and the Government of the Democratic Socialist Republic of Sri Lanka hereinafter referred to as the Parties; Taking into consideration the fact of the Russian Federation and the Democratic Socialist Republic of Sri Lanka being parties to the Convention on International Civil Aviation opened for signature at Chicago on the seventh day of December 1944; Desiring to conclude an Agreement for the purpose of developing air services between and beyond their respective territories; Have agreed as follows:
Article 1 Definitions
The terms used in the present Agreement shall mean the following: a) "Convention" - the Convention on International Civil Aviation opened for signature at Chicago on the seventh day of December 1944, and includes any Annex and any amendment thereto adopted under Article 90 of the Convention to the extent that such Annex and amendment thereto are applicable to the Parties and any amendment of the Convention adopted under Article 94 of the Convention ratified by the Russian Federation and by the Democratic Socialist Republic of Sri Lanka respectively; b) "aeronautical authorities": - in case of the Russian Federation - the Ministry of Transport of the Russian Federation or any person or body authorised to perform any function presently exercised by the said Ministry; - in case of the Democratic Socialist Republic of Sri Lanka - the Minister in charge of the subject of Civil Aviation of the Democratic Socialist Republic of Sri Lanka or any person or body authorized to perform any function presently exercised by the said Minister; c) "territory" - in relation to State has the meaning assigned to it in Article 2 of the Convention; d) "designated airline" - an airline which has been designated and authorized in accordance with Article 3 of the present Agreement; e) "tariff" - the prices to be paid for the carriage of passengers, baggage and cargo and conditions for agency and other auxiliary services under which these prices apply, but excluding remuneration and conditions for the carriage of mail; f) "airline", "air service", "international air service" and "stop for non-traffic purposes" have the meanings respectively assigned to them in Article 96 of the Convention; g) "capacity": - in relation to an aircraft - the payload of that aircraft available on a route or section of a route; - in relation to an agreed service - the capacity of the aircraft used on such service, multiplied by the frequency operated by such aircraft over a given period on a route or section of a route; h) "specified routes" - the routes established or to be established in the Annex to the present Agreement; i) "agreed services" - the international air services which can be operated according to provisions of the present Agreement on the specified routes; j) "charges" - charges made to airlines by the competent authorities for the provision of airport property or facilities for aircraft, their crews and passengers for airport and air navigation facilities, including related aviation security services and facilities.
Article 2 Grant of rights
1. Each Party grants to the other Party the rights specified in the present Agreement for the purpose of establishing and operating agreed services on the routes specified in the Annex to the present Agreement which forms an integral part of it. 2. The designated airlines of each Party shall enjoy while operating an international air service on a specified route the following rights: a) to fly across the territory of the State of the other Party without landing; b) to make stops in the territory of the State of the other Party for non-traffic purposes; c) to make stops in the territory of the State of the other Party for the purpose of taking on or putting down international traffic in passengers, cargo and mail at points on the specified routes in accordance with the provisions of the Annex to the present Agreement. 3. Nothing in paragraph (2) of this Article shall be deemed to confer on the designated airlines of one Party the right of taking on board passengers, cargo and mail carried for hire or reward, between the points in the territory of the State of the other Party.
Article 3 Designation and authorization
1. Each Party shall have the right to designate in writing to the other Party, through diplomatic channels, airlines for the purpose of operating the agreed services on the specified routes. 2. On receipt of such notification, the other Party shall without delay, subject to the provisions of paragraphs 3 and 4 of this Article, grant to each designated airline the appropriate operating authorization. 3. The aeronautical authorities of one Party prior to granting the operating authorization may require an airline designated by the other Party to satisfy them that it is qualified to fulfil the conditions prescribed under the legislation normally and reasonably applied by such authorities to the operation of international air services in conformity with the provisions of the Convention. 4. Each Party shall have the right to refuse to grant the operating authorization referred to in paragraph 2 of this Article or to impose such conditions as it may deem necessary on the exercise by the designated airline of the rights specified in Article 2 of the present Agreement, in any case where the said Party is not satisfied that substantial ownership and effective control of that airline are vested in the Party designating the airline or in its State nationals. 5. When a designated airline has been so authorized, it may begin to operate the agreed services provided that schedules are approved by the aeronautical authorities of the Parties and the tariffs established in accordance with the provisions of Article 11 of the present Agreement is in force in respect of that service.
Article 4 Revocation or suspention of operating authorization
1. Each Party shall have the right to revoke an operating authorization or to suspend the exercise of the rights specified in Article 2 of the present Agreement by a designated airline of the State of the other Party or to impose such conditions as it may deem necessary on the exercise of these rights in any case: a) where it is not satisfied that substantial ownership or effective control of that designated airline are vested in the State of the Party designating the airline, or in its State nationals; or b) of a failure by that designated airline to comply with the legislation in force of the Party granting these rights; or c) the designated airline otherwise fails to operate in accordance with the conditions prescribed under the present Agreement. 2. Unless immediate revocation, suspension or imposition of the conditions mentioned in paragraph 1 of this Article is essential to prevent further infringements of the legislation, such rights shall be exercised only after consultations with the aeronautical authorities of the State of the other Party. Such consultations shall begin within a period of sixty (60) days from the date of receipt of such a request.
Article 5 Application of legislation
1. The legislation of the State of one Party relating to the admission to, sojourning in or departure from its territory of aircraft engaged in international air services or to operation and navigation of such aircraft while within its territory shall be applied to aircraft of the airline designated by the other Party. 2. The legislation of the State of one Party relating to the admission to, sojourning in or departure from its territory of passengers, crew, baggage, cargo and mail, such as regulations relating to passports, customs, currency and sanitary measures shall be applied to passengers, crew, baggage, cargo and mail, carried by aircraft of the designated airline of the State of the other Party while they are within the said territory. 3. Each Party shall, upon request, supply to the other Party copies of the relevant laws and regulations referred to in this Article.
Article 6 Recognition of certificates and licenses
1. Certificates of airworthiness, certificates of competency and licences issued or rendered valid by one Party and still in force, shall be recognised as valid by the other Party for the purpose of operating the agreed services. 2. Each Party reserves the right to refuse to recognise for flights above the territory of its State, certificates of competency and licences granted to its own nationals by the other Party.
Article 7 Facilities and airport charges
Fees and other charges for the use of airport including its installations, technical and other facilities and services as well as any charges for the use of air navigation facilities, communication facilities and services shall be collected in accordance with the rates and tariffs established by each Contracting Party on the territory of its State, in accordance with Article 15 of the Convention.
Article 8 Direct transit
Passengers, baggage and cargo in direct transit across the territory of the State of one Party and not leaving the area of the airport reserved for such purpose shall, except in respect of security measures against acts of unlawful interference, as well as transportation of narcotics and psychotropic substances, be subject to no more than a simplified control.
Article 9 Principles governing the operation of agreed services
1. The designated airlines of the Parties shall have fair and equal opportunity to operate the agreed services on the specified routes. 2. While operating the agreed services the designated airlines of one Party shall take into account the interests of the designated airlines of the other Party so as not to affect the services which the latter provides on the whole or any part of the same routes. 3. The agreed services provided by the designated airlines of the Parties shall be related to the requirements of the public for transportation on the specified routes, and each designated airline shall have as its primary objective the provision, at a reasonable load factor of capacity adequate to carry the current and reasonably anticipated requirements for the carriage of passengers, cargo and mail between respective territories of their States. 4. When air services are provided by the designated airlines of one Party between the points in the territory of the State of the other Party and the points in third countries, the grant of capacity shall be in accordance with the general principle that capacity shall be related to the requirements of: a) traffic between the countries of origin and destination; b) traffic of the area through which the agreed services pass; and c) through airline operations.
Article 10 Customs duties
1. Aircraft operated on the agreed services by the designated airlines of one Party, as well as their regular equipment, spare parts, supplies of fuel and lubricants (including hydraulic fluids), aircraft stores (including food, beverages and tobacco) on board the aircraft shall be exempted from the imposition of customs duties, taxes and other similar payments and fees on arriving in the territory of the State of the other Party provided such equipment, spare parts, supplies and stores remain on board the aircraft up to such time as they are re-exported. 2. There shall also be exempted from the imposition of customs duties, taxes and other similar payments and fees: a) aircraft stores taken on board in the territory of the State of one Party, within limits fixed by the authorities of the said Party, and for use on board the aircraft operated on the agreed services by the designated airline of the other Party; b) equipment and spare parts (including engines), introduced into the territory of the State of one Party for the technical maintenance or repair of aircraft engaged in operation on agreed services by a designated airlines of the State of the other Party; c) fuel and lubricants (including hydraulic fluids), intended for use in the operation of the agreed services by aircraft of the designated airline of one Party, even when such aircraft stores are used on the part of the route within the territory of the State of the other Party where they are taken aboard. 3. Regular aircraft equipment, the materials, supplies and spare parts retained on board the aircraft operated by designated airlines of the State of one Party on the agreed services, may be unloaded in the territory of the State of the other Party only with the approval of the Customs authorities of the State of that Party. In such case they may be placed under the supervision of the said authorities up to such time as they are re-exported or otherwise disposed of in accordance with Customs regulations. 4. It is prohibited to use regular aircraft equipment, materials, supplies and spare parts for other purposes than that directly specified in this paragraph. 5. Baggage, cargo and mail shall, up to such time that they are on direct transit, be exempted from customs duties, taxes and payments on arrival on the territory of the State of the other Party. 6. Charges corresponding to the services performed storage and customs clearance will be charged in accordance with the internal legislation of the Parties.
Article 11 Tariffs
1. The tariffs on any agreed service shall be established at reasonable levels due regard being paid to all relevant factors including cost of operation, reasonable profit, characteristics of airline and the tariffs of other airlines for any part of the specified route. 2. The tariffs and rates of agency commission used in conjunction with them may, if possible, be agreed in respect of each of the specified routes between the designated airlines concerned in consultation with the other airlines operating the whole or part of that route. 3. The tariffs established in accordance with the provisions of this article shall remain in force until new tariffs have been established.
Article 12 Transfer of earnings
1. Each Party shall grant to the designated airlines of the State of the other Party the right to transfer freely the excess of receipts over expenditure earned by the said airlines in connection with the operation of the international air services. No charges other than normal bank charges shall be applicable to such transfers. The said transfer shall be made in freely convertible currency according to official exchange rate valid for the date of transfer and in accordance with the financial legislation of the State of the Party, from which territory the transfer is made. 2. The provisions of this Article do not affect the issues of taxation that are the subject of the other agreement between the Parties.
Article 13 Airline commercial representation
1. The designated airlines of one Party shall be entitled, in accordance with the laws and regulations relating to entry, residence and employment in the territory of the State of other Party, to bring in and maintain in the territory of the State of other Party those of its own managerial, technical, operational, commercial and other personal who are required for the provisions of the present air services. 2. The designated airline of one Party shall be granted the right of its own sale of transportation using their own transportation documents in the territory of the State of the other Party, in accordance with laws and regulations of that State. Such sale and advertising may be executed directly in the representations of the designated airlines or through the authorized agents which have an appropriate license to provide such attendance.
Article 14 Aviation security
1. Consistent with their rights and obligations under international law, the Parties reaffirm that their obligation to each other to protect the security of civil aviation against acts of unlawful interference forms an integral part of the present Agreement. Without limiting the generality of their rights and obligations under international law, the Parties shall in particular act in conformity with the provisions of the Convention on Offences and Certain Other Acts Committed on Board Aircraft signed at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on 16 December 1970, the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 September 1971, the Protocol for Suppressions of Unlawful Acts of Violence at Airports Serving International Civil Aviation, signed at Montreal on 24 February 1988, the Convention on the Marking of Plastic Explosives for the Purpose of Detection, signed at Montreal on 1 March 1991, and the provisions of bilateral agreements in force between the Parties and any other multilateral agreement governing civil aviation security binding upon the Russian Federation and the Democratic Socialist Republic of Sri Lanka. 2. The Parties shall provide upon request all necessary assistance to each other to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers and crew, airports and air navigation facilities, and any other threat to the security of civil aviation. 3. The Parties shall act in conformity with the aviation security provisions and technical requirements established by the International Civil Aviation Organization and designated as Annexes to the Convention to the extent that such provisions and requirements are applicable to the Parties; they shall require that operators of aircraft of their registry, operators of aircraft who have their principal place of business or permanent residence in their territory and operators of international airports in the territory of their States act in conformity with such aviation security provisions. Accordingly each Party shall advise the other Party of any difference between its national regulations and practice and the aviation security standards of the Annexes referred above. Either Party may request consultations with the other Party at any time to discuss any such difference which will be held in accordance with Article 16 of the present Agreement. 4. Each Party may be required from such operators of aircraft to observe the aviation security provisions and requirements referred to in paragraph 3 of this Article for entry into, departure from, or while within the territory of the State of that other Party. Each Party shall ensure that adequate measures are effectively applied within the territory of its State to protect the aircraft and to inspect passengers, crew, carry-on items and baggage, cargo and aircraft stores prior to and during boarding or loading. Each Party shall also give sympathetic consideration to any request from the other Party for reasonable special security measures to meet a particular threat. 5. When an incident or threat of an incident of unlawful seizure of civil aircraft or other unlawful acts against the safety of such aircraft, their passengers and crew, airports or air navigation facilities occurs, the Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely such incident or threat thereof. 6. Each Party shall take such measures, as it may find practicable, to ensure that an aircraft subject to an act of unlawful seizure or other acts of unlawful interference, which has landed in the territory of the respective State, is detained on the ground unless its departure is necessitated by the overriding duty to protect human life. Wherever practicable, such measures shall be taken on the basis of mutual consultations. 7. Should one Party have problems with regard to the aviation security provisions of this article, the aeronautical authority of the State of the other Party may request immediate consultations with the aeronautical authority of the State of that other Party. Such consultations shall begin within a period of thirty (30) days from the date of the request.
Article 15 Aviation safety
1. Each Party may request consultations at any time concerning safety standards in any area relating to aeronautical facilities and services, to aircrew, aircraft or their operation adopted by the other Party. Such consultations shall begin within a period of thirty (30) days from the date of the request. 2. If, following such consultations, one Party finds that the other Party does not effectively maintain and administer, in the aspects mentioned in paragraph 1 of this Article, safety standards in any such area that are at least equal to the minimum standards established at that time pursuant to the Convention, the first Party shall notify the other Party of those findings and the steps considered necessary to conform with those minimum ICAO standards, and that other Party shall take appropriate corrective action within an agreed period. Each Party reserve the right to suspend, refuse or revoke the operating authorization for the airline designated by the other Party in accordance with Article 4 of the present Agreement, in case if no appropriate action has been taken during agreed time. 3. Pursuant to Article 16 of the Convention, it is further agreed that any aircraft operated by, or on behalf of the airline of one Party, on services to or from the territory of the State of the another Party may, while within the territory of the State of the other Party, be subject of a search by the authorized representatives of the other Party, provided this does not cause unreasonable delay in the operation of the aircraft. Notwithstanding the obligations mentioned in Article 33 of the Convention, the purpose of this of this search in this Article called "ramp inspection" is to verify the validity of the relevant aircraft documentation, the licensing of its crew, and that the aircraft equipment and the condition of the aircraft conform both the validity of the aircraft documents and those of its crew and the apparent condition of the aircraft and its equipment, in accordance with the established effective norms on the base of the Convention. 4. If any such ramp inspection or series of ramp inspections gives rise to serious concerns that an aircraft or the operation of an aircraft does not comply with the minimum standards established at that time pursuant to the Convention, or serious concerns that there is a lack of effective maintenance and administration of safety standards established at that time pursuant to the Convention, the Party carrying out the inspection shall, for the purposes of Article 33 of the Convention, be free to conclude that the requirements under which the certificate or licenses in respect of that aircraft or in respect of the crew of that aircraft had been issued or rendered valid, or that the requirements under which that aircraft is operated, are not equal to or above the minimum standards established pursuant to the Convention. 5. In the event that access for the purpose of undertaking a ramp inspection of an aircraft operated by or on behalf of the designated airline of the State of one Party in accordance with paragraph 3 of this Article is denied by the representative of that airline, the other Party shall be free to infer that serious concerns of the type referred to in paragraph 4 of this Article arise and draw the conclusions referred in that paragraph. 6. Each Party reserves the right to suspend or vary the operating authorization of the airline of the other Party immediately in the event the first Party concludes, whether as a result of a ramp inspection, a series of ramp inspections, a denial of an access for ramp inspection, consultation or otherwise, that immediate action is essential to the safety of an airline operation. 7. Any action by one Party in accordance with paragraphs 2 and 6 above shall be discontinued once the basis for the taking of that action ceases to exist. 8. With reference to paragraph 2 above, if it is determined that one Party remains in non-compliance with ICAO Standards when the agreed time period has lapsed, the Secretary General of ICAO should be advised thereof. The latter should also be advised of the subsequent satisfactory resolution of the situation.
Article 16 Consultations
From time to time there shall be the consultations between the aeronautical authorities of the Parties to ensure close collaboration in all matters affecting the fulfilment of the present Agreement, with the exception of the provisions of Articles 14 and 15 of the present Agreement. Such consultations shall begin within a period of sixty (60) days from the date of the request, unless otherwise agreed by the aeronautical authorities of the States of the Contracting Parties.
Article 17 Provision of statistics
The aeronautical authorities of either Party shall supply to the aeronautical authorities of the other Party, at their request, statistics or other such information relating to traffic carried on the agreed services by their designated airlines to and from the territory of the State of the other Party.
Article 18 Settlement of disputes
1. If any dispute arises between the Parties relating to interpretation or application of the present Agreement, the Parties shall in the first place try to settle it by negotiation between aeronautical authorities both Parties. 2. If the said aeronautical authorities fail to reach an agreement, the dispute shall be settled through diplomatic channels. 3. If settlement cannot be reached by the methods, indicated in paragraph 1 and 2 of this Article, the dispute shall, at the request of either Party, be submitted for decision to an Arbitration consisting of three arbitrators, two of whom to be appointed by each Party and the third arbitrator, to be appointed by the two so nominated. In case the dispute is referred to arbitration, each of the Parties shall nominate an arbitrator within a period of sixty (60) days from the date of receipt a notice through diplomatic channels in respect of reference of the dispute to arbitration and the third arbitrator shall be appointed within a further period of sixty (60) days. If either Party fails to nominate its arbitrator within the specified period, or nominated arbitrators fail to agree on the third arbitrator within the said period, the President of the Council of the International Civil Aviation Organization may be requested by either Party to appoint the arbitrator of failing party or the third arbitrator as the case may require. However, the third arbitrator shall be a national of a State having diplomatic relations with the States of both Parties at the time of the appointment. The third arbitrator shall act as the Chairman of the arbitral tribunal. 4. In the case of the appointment of the third arbitrator by the President of the Council of International Civil Aviation Organization, if the President of the Council of International Civil Aviation Organization is prevented from carrying out the said function or if he is a citizen of either Party, the appointment shall be made by the Vice-President and if the Vice-President is also prevented from carrying out the said function or if he is a citizen of either Party, the appointment shall be made by senior member of the Council of International Civil Aviation Organization who is not a citizen of the State of either Party. 5. Subject to other provisions agreed by the Parties, the arbitral tribunal shall determine its procedure and the place of arbitration. 6. The Arbitration shall reach its decision by a majority of votes. Such decision shall be binding up the both Party. Each Party shall bear the cost of its own member as well as of its representation in the arbitrate proceedings. The cost of the third arbitrator and the remaining cost shall be born in equal part by the Parties. Any expenses incurred by the Council of International Civil Aviation Organization in connection with the appointment of the third arbitrator in accordance with paragraph 3 and/or the arbitrator shall be considered to be part of the expenses of the arbitral tribunal. 7. Where either Party fails to comply with a decision referred to in paragraph 6 of this Article, the other Party may limit, suspend or revoke any right, authorization or privilege which it has granted under this Agreement to the Party in default.
Article 19 Modification of Agreement
1. If either of the Parties considers it desirable to modify the terms of the present Agreement and the Annex thereto it may request a consultation between the aeronautical authorities of both Parties in relation to the proposed modification. Consultations shall begin within a period of sixty (60) days from the date of the request unless the aeronautical authorities of the Parties agree upon the prolongation of that period. The modifications of the present Agreement shall come into effect on the date of receipt via diplomatic channels of the last written notice that all national procedures concerning entry into force of that modification have been accomplished by both Parties. 2. The modifications of Annex to the present Agreement may be made by arrangements between the aeronautical authorities of the Parties.
Article 20 Registration of Agreement
The present Agreement and any subsequent amendments thereto shall be registered with the International Civil Aviation Organization.
Article 21
Termination Each Party may at any time give notice to the other Party of its decision to terminate the present Agreement. Such notice shall simultaneously be communicated to the International Civil Aviation Organization. In such case the present Agreement shall terminate twelve (12) months after the date of receipt of the notice by the other Party unless the notice to terminate is withdrawn by mutual agreement before the expire of this period. In the absence of acknowledgement of receipt by the other Party, notice shall be deemed to have been received fourteen (14) days after the receipt of the notice by the International Civil Aviation Organization. Article 22
Entry into force
The present Agreement shall enter into force at the date of the last written notification confirming that the Parties have fulfilled all their internal procedures for the entry into force of this Agreement. Upon entry into force of the present Agreement, the Air Transport Agreement between the Government of the Union of the Soviet Socialist Republics and the Government of Ceylon, signed on 22 February 1964 shall cease to be in force in regard to relations between the Russian Federation and the Democratic Socialist Republic of Sri Lanka. Done in Moscow on 26 March 2012 in two copies in Russian, Sinhalese and English languages, all texts being equally authentic. In case of divergence of interpretation, the English text of the present Agreement shall be used. Annex to the air service Agreement between the Government of the Russian Federation and the Government of the Democratic Socialist Republic of Sri Lanka **ROUTE SCHEDULE** 1. The designated airlines of the Russian Federation shall be entitled to operate international scheduled air services in both directions on the routes specified hereunder: | Points of origin | Intermediate points | Points of destination | Points beyond | | --- | --- | --- | --- | | Points in the Russian Federation | Any points | Colombo and other point in Sri Lanka <*> | Any points | --- <*> Other points shall be subject to an agreement between the aeronautical authorities of the Parties. 2. The designated airlines of the Democratic Socialist Republic of Sri Lanka shall be entitled to operate international scheduled air services in both directions on the routes specified hereunder: | Points of origin | Intermediate points | Points of destination | Points beyond | | --- | --- | --- | --- | | Points in Sri Lanka | Any points | Moscow and other points in the Russian Federation <*> | Any points | --- <*> Other points shall be subject to an agreement between the aeronautical authorities of the Parties.
Notes
1. Intermediate points and points beyond the territories of the State of the Parties shall be subject to an agreement between the aeronautical authorities of the Parties. Intermediate points and points beyond may be omitted by the designated airlines of the Parties at their discretion.
2. The right of the designated airline of the State of one Party to transport passengers, cargo and mail between the points in the territory of the State of the other Party and the points in the territory of the third countries (exercise of fifth freedom traffic right) shall be subject to an agreement between the aeronautical authorities of the Parties.
3. Any operation along Transsiberian, Transpolar and Transasian Air Route networks in the airspace of the Russian Federation shall be subject to the separate agreement between the aeronautical authorities of the Parties.
4. Charter, additional and non-scheduled flights shall be carried out based on preliminary request of the designated as well as non-designated airlines, submitted to the aeronautical authorities of the Parties at least 120 hours before the departure, except weekends and holidays.
5. The charter services should be operated in accordance with the national legislation of the States of both Parties.
6. When operating or holding out the agreed services on the specified routes, the designated airlines of one Party may enter into co-operative marketing arrangements including but not limited to code sharing with:
a) an airline or airlines of the same Party;
b) any airline or airlines of the other Party.
Such agreements shall be subject to the approval of the aeronautical authorities of both Parties. However the airlines concerned shall not be required to divulge the commercial terms of such agreements.
Similar arrangements with airlines of third countries shall be subject to the separate agreement between the aeronautical authorities of the Parties.
The entitlement set out in paragraph above may be exercised only where:
a) all such airlines hold appropriate authority to operate on the routes and segments concerned; and
b) in respect of any tickets sold, the airline makes it clear to the purchaser at the point of sale which airline will actually operate each sector of the service and which airline or airlines the purchaser is entering into a contractual relationship.
The capacity offered by a designated airline as the marketing airline on service operated by other airline will not be counted against the capacity entitlement of the Party designating the marketing airline.
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