MEMORANDUM OF CONSULTATIONS
Delegations representing the United States of America and the Republic of Turkey reached ad referendum agreement on the text of an open skies air transport agreement ("the Agreement") following three days of discussions in Washington, D.C. on March 20-22, 2000. Upon entry into force, the Agreement will replace the existing bilateral agreement, concluded in 1990. Members of the two delegations are listed in Attachment A to this Memorandum.
Discussions were conducted in a cordial and productive atmosphere, with both sides expressing their desire that the new agreement enhance aviation ties and further strengthen the good relations that exist between the United States and the Republic of Turkey.
The text of the Agreement is appended as Attachment B to this Memorandum. Although the Agreement includes a three-year transition for scheduled passenger/combination services contained in Annex IV of the Agreement, it provides for immediate liberalization of all-cargo and charter services. Transitional arrangements relate to traffic rights via intermediate points, code-sharing services by US. and Turkish carriers, and the number of direct service points in the United States by Turkish carriers.
The transitional annex also provides that ramp handling will be conducted in compliance with existing Turkish laws and regulations. The Turkish delegation noted that the provisions under Turkish law on ramp handling at Turkish airports currently are being reformed, and that such liberalization of ground handling services would apply immediately to US. carriers. The Turkish delegation also noted that service by competing ground-handling agents is available at major Turkish airports.
The United States delegation requested that the Turkish delegation accept the US. proposal for seventh-freedom scheduled and charter all-cargo operations. The Turkish delegation indicated that its government would give due consideration to this proposal and a future amendment of the Agreement to incorporate such rights. In the interim, the United States asked that each government consider positively requests by carriers to provide such services.
The delegations expressed the intent of their aeronautical authorities to permit operations consistent with the terms of the Agreement on the basis of comity and reciprocity, from the date of signature of the Agreement, pending its entry into force.
The delegations stated their intention to sign the Agreement as quickly as possible and undertook to complete expeditiously the translation of the text into the Turkish language.
For the Delegation of the United States of America:
Acting Deputy Assistant Secretary For Transportation Affairs
Department of State
For the Delegation of the Republic of Turkey:
A. Tahir Dengiz
Acting Under Secretary
Ministry of Transport
UNITED STATES -TURKEY CIVIL AVIATION NEGOTIATIONS
WASHINGTON, March 20-22, 2000
United States Delegation
Thomas J. White, Head of Delegation
Acting Deputy Assistant Secretary of State for Transportation Affairs
Susan E. McDermott
Assistant Director, Office of Int'l Aviation Department of Transportation
David K. Brown
Office of Aviation Negotiations Department of State
Office of International Aviation Department of Transportation
Office of the Legal Adviser Department of State
Office of the General Counsel Department of Transportation
Office of Service Industries and Finance Department of Commerce
Office of Southern European Affairs Department of State
Sandra A. Dembski
Office of Aviation Negotiations Department of State
Air Transport Association
Airports Councillnt'l -North America
National Air Carrier Association
Alexander Van der Bellen Delta Air Lines
Evergreen International Airlines
United Parcel Service
Dallas/Fort Worth International Airport
Massachusetts Port Authority
UNITED STATES· TURKEY CIVIL AVIATION NEGOTIATIONS
WASHINGTON, March 20-22, 2000
A. Tahir Dengiz, Head of Delegation
Acting Under Secretary
Ministry of Transport
Head, Aviation Department
Ministry of Foreign Affairs
Mustafa T ahtalioglu
Head, Air Transportation Department of General Directorate for Civil Aviation
Ministry of Transport
Embassy of the Republic of Turkey
President, Marketing Department
THY Turkish Airlines
Vice President, Marketing and Strategic Alliances
THY Turkish Airlines
Manager, International Relations and Agreements
THY Turkish Airlines
Charles J. Simpson, Jr.
THY Turkish Airlines
AIR TRANSPORT AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE REPUBLIC OF TURKEY
The Government of the United States ofAmerica and the Government of the Republic ofTurkey (hereinafter, "the Parties");
Desiring to promote an international aviation system based on competition among airlines in the marketplace with minimum government interference and regulation;
Desiring to facilitate the expansion of international air transport opportunities;
Desiring to make it possible for airlines to offer the traveling and shipping public a variety of service options at the lowest prices that are not discriminatory and do not represent abuse of a dominant position, and wishing to encourage individual airlines to develop and implement innovative and competitive prices;
Desiring to ensure the highest degree ofsafety and security in international air transport and reaffirming their grave concern about acts or threats against the security of aircraft, which jeopardize the safety of persons or property, adversely affect the operation ofair transportation, and undermine public confidence in the safety ofcivil aviation; and
Being Parties to the Convention on International Civil Aviation, opened for signature at Chicago on December 7, 1944;
Have agreed as follows:
For the purposes of this Agreement, unless otherwise stated, the term:
1. "Aeronautical authorities" means, in the case ofthe United States, the Department of Transportation, or its successor, and in the case of the Republic ofTurkey, the Ministry of Transport, and any person or agency authorized to perform functions exercised by the said Ministry;
2. "Agreement" means this Agreement, its Annexes, and any amendments thereto;
3. "Air transportation" means the public carriage by aircraft ofpassengers, baggage, cargo, and mail, separately or in combination, for remuneration or hire;
4. "Airline" means any air transport enterprise offering or operating air transportation.
5. "Convention" means the Convention on International Civil Aviation, opened for signature at Chicago on December 7, 1944, and includes:
a. any amendment that has entered into force under Article 94(a) ofthe Convention and has been ratified by both Parties, and
b. any Annex or any amendment thereto adopted under Article 90 ofthe Convention, insofar as such Annex or amendment is at any given time effective for both Parties;
6. "Designated airline" means an airline designated and authorized in accordance with Article 3 ofthis Agreement;
7. "Full cost" means the cost ofproviding service plus a reasonable charge for administrative overhead;
8. "International air transportation" means air transportation that passes through the airspace over the territory of more than one State;
9. "Price" means any fare, rate or charge for the carriage of passengers (and their baggage) and/or cargo (excluding mail) in air transportation charged by airlines, including their agents, and the conditions governing the availability of such fare, rate or charge;
10. "Stop for non-traffic purposes" means a landing for any purpose other than taking on or discharging passengers, baggage, cargo and/or mail in air transportation;
11. "Territory" means the land areas under the sovereignty, jurisdiction, protection, or trusteeship of a Party, and the territorial waters adjacent thereto; and
12. "User charge" means a charge imposed on airlines for the provision of airport, air navigation, or aviation security facilities or services including related services and facilities.
Grant of Rights
1. Each Party grants to the other Party the following rights for the conduct ofinternational air transportation by the airlines ofthe other Party:
a. the right to fly across its territory without landing;
b. the right to make stops in its territory for non-traffic purposes; and
c. the rights otherwise specified in this Agreement.
2. Nothing in this Article shall be deemed to confer on the airline or airlines ofone Party the rights to take on board, in the territory ofthe other Party, passengers, their baggage, cargo, or mail carried for compensation and destined for another point in the territory of that other Party.
Designation and Authorization
a. substantial ownership and effective control ofthat airline are vested in the Party designating the airline, nationals ofthat Party, or both;
b. the designated airline is qualified to meet the conditions prescribed under the laws and regulations normally applied to the operation ofinternational air transportation by the Party considering the application or applications; and
c. the Party designating the airline is maintaining and administering the standards set forth in Article 6 (Safety) and Article 7 (Aviation Security).
Revocation of Authorization
1. Either Party may revoke, suspend or limit the operating authorizations or technical permissions of an airline designated by the other Party where:
a. substantial ownership and effective control ofthat airline are not vested in the other Party, the Party's nationals, or both;
b. that airline has failed to comply with the laws and regulations referred to in Article 5 (Application of Laws) ofthis Agreement; or
c. the other Party is not maintaining and administering the standards as set forth in Article 6 (Safety).
Application of Laws
standards and appropriate recommended practices established by the International Civil Aviation Organization and designated as Annexes to the Convention; they shall require that operators of aircraft oftheir registry, operators of aircraft who have their principal place ofbusiness or permanent residence in their territory, and the operators of airports in their territory act in conformity with such aviation security provisions.
4. Each Party agrees to observe the security provisions required by the other Party for entry into, for departure from, and while within the territory ofthat other Party and to take adequate measures to protect aircraft and to inspect passengers, crew, and their baggage and carry-on items, as well as cargo and aircraft stores, prior to and during boarding or loading. Each Party shall also give positive consideration to any request from the other Party for special security measures to meet a particular threat.
5. When an incident or threat ofan incident of unlawful seizure ofaircraft or other unlawful acts against the safety ofpassengers, crew, aircraft, 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.
6. When a Party has reasonable grounds to believe that the other Party has departed from the aviation security provisions ofthis Article, the aeronautical authorities of that Party may request immediate consultations with the aeronautical authorities ofthe other Party. Failure to reach a satisfactory agreement within 15 days from the date of such request shall constitute grounds to withhold, revoke, limit, or impose conditions on the operating authorization and technical permissions of an airline or airlines ofthat Party. When required by an emergency, a Party may take interim action prior to the expiry of 15 days. .
a) an airline or airlines of either Party;
b) an airline or airlines of a third country, provided that such third country authorizes or allows comparable arrangements between the airlines of the other Party and other airlines on services to, from and via such third country; and
c) a surface transportation provider or providers ofany country;
provided that all airlines and surface transportation providers in such arrangements (i) hold the appropriate authority and (ii) meet the requirements normally applied to such arrangements.
8. Notwithstanding any other provision ofthis Agreement, airlines and indirect providers of cargo transportation of both Parties shall be permitted, without restriction, to employ in connection with international air transportation any surface transportation for cargo to or from any points in the territories of the Parties or in third countries, including transport to and from all airports with customs facilities, and including, where applicable, the right to transport cargo in bond under applicable laws and regulations. Such cargo, whether moving by surface or by air, shall have access to airport customs processing and facilities. Airlines may elect to perform their own surface transportation or to provide it through arrangements with other surface carriers, including surface transportation operated by other airlines and indirect providers of cargo air transportation. Such intermodal cargo services may be offered at a single, through price for the air and surface transportation combined, provided that shippers are not misled as to the facts concerning such transportation.
Customs Duties and Cbarges
1. On arriving in the territory ofone Party, aircraft operated in international air transportation by the designated airlines of the other Party, their regular equipment, ground equipment, fuel, lubricants, consumable technical supplies, spare parts (including engines), aircraft stores (including but not limited to such items offood, beverages and liquor, tobacco and other products destined for sale to or use by passengers in limited quantities during flight), and other items intended for or used solely in connection with the operation or servicing ofaircraft engaged in international air transportation shall be exempt, on the basis ofreciprocity, from all import restrictions, property taxes and capital levies, customs duties, excise taxes, and similar fees and charges that are (a) imposed by the national authorities, and (b) not based on the cost of services provided, provided that such equipment and supplies remain on board the aircraft.
2. There shall also be exempt, on the basis ofreciprocity, from the taxes, levies, duties, fees and charges referred to in paragraph 1 ofthis Article, with the exception of charges based on the cost of the service provided:
a. aircraft stores introduced into or supplied in the territory of a Party and taken on board, within reasonable limits, for use on outbound aircraft of an airline ofthe other Party engaged in international air transportation, even when these stores are to be used on a part ofthe journey performed over the territory ofthe Party in which they are taken on board;
b. ground equipment and spare parts (including engines) introduced into the territory ofa Party for the servicing, maintenance, or repair of aircraft of an airline ofthe other Party used in international air transportation;
c. fuel, lubricants and consumable technical supplies introduced into or supplied in the territory of a Party for use in an aircraft ofan airline of the other Party engaged in international air transportation, even when these supplies are to be used on a part ofthe journey performed over the territory ofthe Party in which they are taken on board; and
d. promotional and advertising materials introduced into or supplied in the territory of one Party and taken on board, within reasonable limits, for use on outbound aircraft of an airline ofthe other Party engaged in international air transportation, even when these stores are to be used on a part ofthe journey performed over the territory of the Party in which they are taken on board.
3. Equipment and supplies referred to in paragraphs 1 and 2 of this Article may be required to be kept under the supervision or control ofthe appropriate authorities.
4. The exemptions provided by this Article shall also be available where the designated airlines of one Party have contracted with another airline, which similarly enjoys such
exemptions from the other Party, for the loan or transfer in the territory ofthe other Party ofthe items specified in paragraphs 1 and 2 ofthis Article.
airlines of the other Party, except as may be required for customs, technical, operational, or environmental reasons under uniform conditions consistent with Article 15 of the Convention.
3. Neither Party shall impose on the other Party's designated airlines a first-refusal requirement, uplift ratio, no-objection fee, or any other requirement with respect to capacity, frequency or traffic that would be inconsistent with the purposes ofthis Agreement.
4. Neither Party shall require the filing ofschedules, programs for charter flights, or operational plans by airlines ofthe other Party for approval, except as may be required on a nondiscriminatory basis to enforce the uniform conditions foreseen by paragraph 2 ofthis Article or as may be specifically authorized in an Annex to this Agreement. If a Party requires filings for information purposes, it shall minimize the administrative burdens of filing requirements and procedures on air transportation intermediaries and on designated airlines ofthe other Party.
1. Each Party shall allow prices for air transportation to be established by each designated airline based upon commercial considerations in the marketplace. Intervention by the Parties shall be limited to:
a. prevention ofunreasonably discriminatory prices or practices;
b. protection ofconsumers from prices that are unreasonably high or restrictive due to the abuse ofa dominant position; and
c. protection ofairlines from prices that are artificially low due to direct or indirect governmental subsidy or support.
2. Each Party may require notification to or filing with its aeronautical authorities ofprices to be charged to or from its territory by airlines ofthe other Party. Notification or filing by the airlines ofboth Parties may be required no more than 30 days before the proposed date of effectiveness. In individual cases, notification or filing may be permitted on shorter notice than normally required. Neither Party shall require the notification or filing by airlines ofthe other Party ofprices charged by charterers to the public, except as may be required on a nondiscriminatory basis for information purposes.
3. Neither Party shall take unilateral action to prevent the inauguration or continuation ofa price proposed to be charged or charged by (a) an airline ofeither Party for international air transportation between the territories ofthe Parties, or (b) an airline ofone Party for international air transportation between the territory ofthe other Party and any other country, including in both cases transportation on an interline or intraline basis. If either Party believes that any such price is inconsistent with the considerations set forth in paragraph 1 ofthis Article, it shall request consultations and notify the other Party ofthe reasons for its dissatisfaction as soon as possible.
These consultations shall be held not later than 30 days after receipt ofthe request, and the Parties shall cooperate in securing infonnation necessary for reasoned resolution ofthe issue. If the Parties reach agreement with respect to a price for which a notice ofdissatisfaction has been given, each Party shall use its best efforts to put that agreement into effect. Without such mutual agreement, the price shall go into effect or continue in effect.
Either Party may, at any time, request consultations relating to this Agreement. Such consultations shall begin at the earliest possible date, but not later than 60 days from the date the other Party receives the request unless otherwise agreed.
Settlement of Disputes
1. Any dispute arising under this Agreement, except those that may arise under paragraph 3 ofArticle 12 (Pricing), that is not resolved by a first round offonnal consultations may be referred by agreement ofthe Parties for decision to some person or body. Ifthe Parties do not so agree, the dispute shall, at the request ofeither Party, be submitted to arbitration in accordance with the procedures set forth below.
2. Arbitration shall be by a tribunal ofthree arbitrators to be constituted as follows:
a. Within 30 days after the receipt of a request for arbitration, each Party shall name one arbitrator. Within 60 days after these two arbitrators have been named, they shall by agreement appoint a third arbitrator, who shall act as President ofthe arbitral tribunal;
b. Ifeither Party fails to name an arbitrator, or ifthe third arbitrator is not appointed in accordance with subparagraph a ofthis paragraph, either Party may request the President ofthe Council ofthe International Civil Aviation Organization to appoint the necessary arbitrator or arbitrators within 30 days. Ifthe President ofthe Council is ofthe same nationality as one ofthe Parties, the most senior Vice President who is not disqualified on that ground shall make the appointment.
3. Except as otherwise agreed, the arbitral tribunal shall detennine the limits ofits jurisdiction in accordance with this Agreement and shall establish its own procedural rules. The tribunal, once fonned, may recommend interim relief measures pending its final detennination. At the direction ofthe tribunal or at the request ofeither of the Parties, a conference to detennine the precise issues to be arbitrated and the specific procedures to be followed shall be held not later than 15 days after the tribunal is fully constituted.
4. Except as otherwise agreed or as directed by the tribunal, each Party shall submit a memorandum within 45 days of the time the tribunal is fully constituted. Replies shall be due 60 days later. The tribunal shall hold a hearing at the request ofeither Party or on its own initiative within 15 days after replies are due.
5. The tribunal shall attempt to render a written decision within 30 days after completion of the hearing or, if no hearing is held, after the date both replies are submitted. The decision of the majority ofthe tribunal shall prevail.
6. The Parties may submit requests for clarification of the decision within 15 days after it is rendered and any clarification given shall be issued within 15 days of such request.
7. Each Party shall, to the degree consistent with its national law, give full effect to any decision or award ofthe arbitral tribunal.
8. The expenses ofthe arbitral tribunal, including the fees and expenses of the arbitrators, shall be shared equally by the Parties. Any expenses incurred by the President ofthe Council of the International Civil Aviation Organization in connection with the procedures ofparagraph 2.b. ofthis Article shall be considered to be part ofthe expenses of the arbitral tribunal.
1. This Agreement may be amended by written agreement of the Parties. Any amendments so agreed shall be effected by an exchange of diplomatic notes.
2. In the event ofthe conclusion of any multilateral convention concerning air transportation to which both the Parties become bound, the Parties shall consult to determine whether and to what extent the present Agreement should be amended.
Either Party may, at any time, give notice in writing to the other Party of its decision to terminate this Agreement. Such notice shall be sent simultaneously to the International Civil Aviation Organization. This Agreement shall terminate at midnight (at the place of receipt of the notice to the other Party) immediately before the first anniversary ofthe date ofreceipt of the notice by the other Party, unless the notice is withdrawn by agreement ofthe Parties before the end ofthis period.
Registration with ICAO
This Agreement and all amendments thereto shall be registered with the International Civil Aviation Organization.
Entry into Force
1. This Agreement and its Annexes, which constitute an integral part of this Agreement, shall enter into force after fulfillment of the constitutional requirements by each Party, on the date ofexchange ofdiplomatic notes to this effect.
2. Upon entry into force, this Agreement shall supersede the Air Transport Agreement between the Government ofthe United States of America and the Government ofthe Republic of Turkey, signed at Washington November 7, 1990.
IN WITNESS WHEREOF the undersigned, being duly authorized by their respective Governments, have signed this Agreement.
DONE at , this __ day of , 20_, in duplicate, in the English and Turkish languages, each text being equally authentic.
FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA
FOR THE GOVERNMENT OF THE REPUBLIC OF TURKEY
Scheduled Air Transportation
Airlines ofeach Party designated under this Annex shall, in accordance with the terms oftheir designation, be entitled to perform scheduled international air transportation between points on the following routes:
A. Routes for the airline or airlines designated by the Government ofthe United States:
1. From points behind the United States via the United States and intermediate points to a point or points in Turkey and beyond.
B. Routes for the airline or airlines designated by the Government ofthe Republic of Turkey:
1. From points behind Turkey via Turkey and intermediate points to a point or points in the United States and beyond.
Each designated airline may, on any or all flights and at its option:
without directional or geographic limitation and without loss ofany right to carry traffic otherwise permissible under this Agreement; provided that the service serves a point in the
territory ofthe Party designating the airline.
Change of Gauge
On any segment or segments ofthe routes above, any designated airline may perform international air transportation without any limitation as to change, at any point on the route, in type or number ofaircraft operated; provided that, in the outbound direction, the transportation beyond such point is a continuation ofthe transportation from the territory ofthe Party that has designated the airline and, in the inbound direction, the transportation to the territory ofthe Party that has designated the airline is a continuation of the transportation from beyond such point.
Charter Air Transportation
A. Airlines ofeach Party designated under this Annex shall, in accordance with the terms of their designation, have the right to carry international charter traffic ofpassengers (and their accompanying baggage) and/or cargo (including, but not limited to, freight forwarder, split, and combination (passenger/cargo) charters):
B. In the performance of services covered by this Annex, airlines ofeach Party designated under this Annex shall also have the right: (1) to make stopovers at any points whether within or outside ofthe territory ofeither Party; (2) to carry transit traffic through the other Party's territory; (3) to combine on the same aircraft traffic originating in one Party's territory, traffic originating in the other Party's territory, and traffic originating in third countries; and (4) to perform international air transportation without any limitation as to change, at any point on the route, in type or number ofaircraft operated; provided that, in the outbound direction, the transportation beyond such point is a continuation ofthe transportation from the territory ofthe Party that has designated the airline and in the inbound direction, the transportation to the territory ofthe Party that has designated the airline is a continuation ofthe transportation from beyond such point.
C. Each Party shall extend favorable consideration to applications by airlines ofthe other
Party to carry traffic not covered by this Annex on the basis of comity and reciprocity.
A. Any airline designated by either Party performing international charter air transportation originating in the territory of either Party, whether on a one-way or round-trip basis, shall have the option of complying with the charter laws, regulations, and rules either ofits homeland or of the other Party. If a Party applies different rules, regulations, terms, conditions, or limitations to one or more ofits airlines, or to airlines ofdifferent countries, each designated airline shall be subject to the least restrictive of such criteria.
B. However, nothing contained in the above paragraph shall limit the rights ofeither Party to require airlines designated under this Annex by either Party to adhere to requirements relating to the protection of passenger funds and passenger cancellation and refund rights.
Except with respect to the consumer protection rules referred to in the preceding paragraph, neither Party shall require an airline designated under this Annex by the other Party, in respect of the carriage of traffic from the territory of that other Party or of a third country on a one-way or round-trip basis, to submit more than a declaration ofconformity with the applicable laws, regulations and rules referred to under section 2 ofthis Annex or ofa waiver ofthese laws, regulations, or rules granted by the applicable aeronautical authorities.
Principles of Non-Discrimination Within and Competition among Computer Reservations Systems
Recognizing that Article 11 (Fair Competition) of this Agreement guarantees the airlines of both Parties "a fair and equal opportunity to compete,"
Considering that one ofthe most important aspects ofthe ability ofan airline to compete is its ability to inform the public ofits services in a fair and impartial manner, and that, therefore, the quality of information about airline services available to travel agents who directly distribute such information to the traveling public and the ability ofan airline to offer those agents competitive computer reservations systems (CRSs) represent the foundation for an airline's competitive opportunities, and
Considering that it is equally necessary to ensure that the interests ofthe consumers ofair transport products are protected from any misuse ofsuch information and its misleading presentation and that airlines and travel agents have access to effectively competitive computer reservations systems:
1. The Parties agree that CRSs will have integrated primary displays for which:
a. Information regarding international air services, including the construction of connections on those services, shall be edited and displayed based on non-discriminatory and objective criteria that are not influenced, directly or indirectly, by airline or market identity. Such criteria shall apply uniformly to all participating airlines.
b. CRS data bases shall be as comprehensive as possible.
c. CRS vendors shall not delete information submitted by participating airlines; such information shall be accurate and transparent; for example, code-shared and change-of-gauge flights and flights with stops should be clearly identified as having those characteristics.
d. All CRSs that are available to travel agents who directly distribute information about airline services to the traveling public in either Party's territory shall not only be obligated to, but shall also be entitled to, operate in conformance with the CRS rules that apply in the territory where the CRS is being operated.
e. Travel agents shall be allowed to use any ofthe secondary displays available through the CRS so long as the travel agent makes a specific request for that display.
2. A Party shall require that each CRS vendor operating in its territory allow all airlines willing to pay any applicable non-discriminatory fee to participate in its CRS. A Party shall require that all distribution facilities that a system vendor provides shall be offered on a nondiscriminatory basis to participating airlines. A Party shall require that CRS vendors display, on a non-discriminatory, objective, carrier-neutral and market-neutral basis, the international air services of participating airlines in all markets in which they wish to sell those services. Upon request, a CRS vendor shall disclose details of its data base update and storage procedures, its criteria for editing and ranking information, the weight given to such criteria, and the criteria used for selection of connect points and inclusion ofconnecting flights.
3. CRS vendors operating in the territory of one Party shall be entitled to bring in, maintain, and make freely available their CRSs to travel agencies or travel companies whose principal business is the distribution of travel-related products in the territory ofthe other Party ifthe CRS complies with these principles.
4. Neither Party shall, in its territory, impose or permit to be imposed on the CRS vendors of the other Party more stringent requirements with respect to access to and use of communication facilities, selection and use oftechnical CRS hardware and software, and the technical installation of CRS hardware, than those imposed on its own CRS vendors.
5. Neither Party shall, in its territory, impose or permit to be imposed on the CRS vendors of the other Party more restrictive requirements with respect to CRS displays (including edit and display parameters), operation, or sale than those imposed on its own CRS vendors.
6. CRSs in use in the territory of one Party that comply with these principles and other relevant non-discriminatory regulatory, technical, and security standards shall be entitled to
Notwithstanding Article 8, paragraph 3, the Republic ofTurkey, to the extent its laws and regulations continue to so require, may limit the performance oframp handling for the designated airlines ofthe United States to a selection by those airlines from among competing agents; such ramp handling services shall be available on an equal basis to all airlines.
effective and unimpaired access in the territory of the other Party. One aspect of this is that a designated airline shall participate in such a system as fully in its homeland territory as it does in any system offered to travel agents in the territory ofthe other Party. Owners/operators of CRSs ofone Party shall have the same opportunity to own/operate CRSs that conform to these principles within the territory of the other Party as do owners/operators of that Party. Each Party shall ensure that its airlines and its CRS vendors do not discriminate against travel agents in their homeland territory because of their use or possession ofa CRS also operated in the territory of the other Party.
The provisions ofthis section shall expire on March 31, 2003.
A. Intermediate points with traffic rights
B. Third-country code-share services
Notwithstanding Article 8, paragraph 7, the designated airlines of each Party may operate or hold out scheduled passenger/combination code-share services between points in the territory ofone Party and points in the territory ofthe other Party over any intermediate point or points with an airline or airlines of a third country or countries, only as follows:
3. From April 1, 2002 through March 31, 2003, no more than seven airlines ofeach Party may exercise the rights in Article 8, paragraph 7b with a combined total ofno more than 49 weekly frequencies.
4. For purposes ofthis section, a frequency is defined as one round-trip aircraft operation, pursuant to a code-share arrangement with an airline of a third country, to and from the territory ofthe other Party. Single continuing code-share service beyond the territory of a Party shall not be counted separately.
5. Until March 31, 2003, airlines of either Party operating scheduled passenger/combination code-share services pursuant to paragraph B ofthis section may not carry local traffic between the points in the third country and points in the territory ofthe other Party.
C. Points in the United States served by Turkish-designated airlines
Notwithstanding Section 1, paragraph B, ofAnnex I, airlines designated by the Government of Turkey to hold out and provide scheduled passenger/combination air transportation may serve points in the United States only as follows:
1. Until March 31, 2001:
a. a total of three points in the United States, provided that those points shall initially be New York, Chicago and Miami; and
b. a total of 10 additional points in the United States on a code-share basis only.
2. From April 1, 2001 through March 31, 2002:
a. a total of four points in the United States; and
b. a total of 15 additional points in the United States on a code-share basis only.
3. From April 1, 2002 through March 31, 2003:
a. a total offive points in the United States; and
b. a total of20 additional points in the United States on a code-share basis only.
D. Points selection and frequency allocation
Selection ofpoints to be served by a Party under paragraphs A and C ofthis section may be made, or changed, by that Party with 30 days' notice to the other Party through diplomatic channels. Each Party may allocate the frequencies provided for in paragraph B ofthis section as it deems appropriate among its designated carriers.
Notwithstanding Article 8, paragraph 3, the Republic of Turkey, to the extent its laws and regulations continue to so require, may limit the perfonnance oframp handling for the designated airlines ofthe United States to a selection by those airlines from among competing agents; such ramp handling services shall be available on an equal basis to all airlines.