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12977 Luxembourg - Agreement Amending the Air Transport Agreement of August 19, 1986, as Amended


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 12977


AVIATION

Transport Services

 

 

Agreement Between the
UNITED STATES OF AMERICA
and LUXEMBOURG


Amending the Agreement of August 19, 1986,
as Amended

Effected by Exchange of Notes
Signed at Washington July 13 and 21, 1998

with

Annexes

 

 



NOTE BY THE DEPARTMENT OF STATE

Pursuant to Public Law 89—497, approved July 8, 1966
(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued
under the authority of the Secretary of State shall be competent
evidence . . . of the treaties, international agreements other than
treaties, and proclamations by the President of such treaties and
international agreements other than treaties, as the case may be,
therein contained, in all the courts of law and equity and of maritime
jurisdiction, and in all the tribunals and public offices of the
United States, and of the several States, without any further proof
or authentication thereof.”

 

LUXEMBOURG

Aviation: Transport Services

Agreement amending the agreement
of August 19, 1986, as amended.
Effected by exchange of notes
Signed at Washington July 13 and 21, 1998;
Entered into force June 12, 2003.
With annexes.

DEPARTMENT OF STATE
WASHINGTON
July 13, 1998
Excellency:
I have the honor to refer to the Air Transport
Agreement between the Government of the United States of
America and the Government of the Grand Duchy of
Luxembourg, signed at Luxembourg August 19, 1986, as
amended by an exchange of notes at Washington dated
June 6, 1995 ("The Agreement").
I have the further honor to propose to Your Excellency
that the Agreement be further amended to provide seventh
freedom rights for scheduled and charter all-cargo
services by replacing Annexes I and II of the Agreement
with the Annexes set out as an enclosure to this note.
If the foregoing is acceptable to the Government of
the Grand Duchy of Luxembourg, I would appreciate an
affirmative note in reply from Your Excellency, which,
together with this Note and its enclosure, shall
constitute an agreement between the two governments. In
His Excellency
Alphonse Berns,
Ambassador of the Grand Duchy of Luxembourg.
addition, I have the honor to propose that the terms of
this Amendment shall be provisionally applied from the
date of Your Excellency's note in reply and shall enter
into force upon a subsequent exchange of diplomatic notes
indicating that all internal procedures have been
completed.
Accept, Excellency, the renewed assurances of my
highest consideration.
For the Secretary of State:
Enclosure: As stated.
ENCLOSURE
Annex I
Scheduled Air Transportation
Section 1 Routes
Airlines of each Party designated under this Annex shall, in
accordance with the terms of their 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 of the United States of America:
1. From points behind the United States via the United
States and intermediate points to a point or points in
Luxembourg and beyond.
2. For all-cargo service or services, between
Luxembourg and any point or points.
B. Routes for the airline or airlines designated by the
Government of the Grand Duchy of Luxembourg:
1. From points behind Luxembourg via Luxembourg and
intermediate points to a point or points in the United
States and beyond.
2. For all-cargo service or services, between the
United States and any point or points.
Section 2 Operational Flexibility
Each designated airline may, on any or all flights and at
its option:
1. Operate flights in either or both directions;
2. Combine different flight numbers within one
aircraft operation;
3. Serve behind, intermediate, and beyond points and
points in the territories of the Parties on the
routes in any combination and in any order;
4. Omit stops at any point or points;
2
5. Transfer traffic from any of its aircraft to any
of its other aircraft at any point on the routes;
and
6. Serve points behind any point in its territory
with or without change of aircraft or flight
number and may hold out and advertise such
services to the public as through services;
without directional or geographic limitation and without
loss of any right to carry traffic otherwise permissible
under this Agreement; provided that, with the exception of
all-cargo services, the service serves a point in the
territory of the Party designating the airline.
Section 3 Change of Gauge
On any segment or segments of the 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 of aircraft operated;
provided that, with the exception of all-cargo services, in
the outbound direction, the transportation beyond such point
is a continuation of the transportation from the territory
of the Party that has designated the airline and, in the
inbound direction, the transportation to the territory of
the Party that has designated the airlines is a continuation
of the transportation from beyond such point.
ANNEX II
Charter Air Transportation
Section 1
Airlines of each Party designated under this Annex shall, in
accordance with the terms of their designation, have the
right to carry international charter traffic of passengers
(and their accompanying baggage) and/or cargo (including,
but not limited to, freight forwarder, split, and
combination (passenger/cargo) charters):
a. Between any point or points in the territory of the
Party that has designated the airline and any point or
points in the territory of the other Party; and
b. Between any point or points in the territory of the
other Party and any point or points in a third country
or countries, provided that, except with respect to
cargo charters, such service constitutes part of a
continuous operation, with or without a change of
aircraft, that includes service to the homeland for the
purpose of carrying local traffic between the homeland
and the territory of the other Party.
In the performance of services covered by this Annex,
airlines of each Party designated under this Annex shall
also have the right to: (1) make stopovers at any points
whether within or outside of the territory of either Party;
(2) carry transit traffic through the other Party's
territory; and (3) 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 of aircraft operated;
provided that, except with respect to cargo charters, in the
outbound direction, the transportation beyond such point is
a continuation of the transportation from the territory of
the Party that has designated the airline and, in the
inbound direction, the transportation to the territory of
the Party that has designated the airline is a continuation
of the transportation from beyond such point.
Each Party shall extend favorable consideration to
applications by airlines of the other Party to carry traffic
not covered by this Annex on the basis of comity and
reciprocity.
2
Section 2
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 of its
homeland or of the other Party. If a Party applies
different rules, regulations, terms, conditions, or
limitations to one or more of its airlines, or to airlines
of different countries, each designated airline shall be
subject to the least restrictive of such criteria.
However, nothing contained in the above paragraph shall
limit the rights of either 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.
Section 3
Except with respect to the consumer protection rules
referred to in the preceding paragraph above, 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 of conformity with the applicable laws,
regulations and rules referred to under Section 2 of this
Annex or of a waiver of these laws, regulations, or rules
granted by the applicable aeronautical authorities.
July 21, 1998
AMBASSADE DU GRAND-DUCHE
DE LUXEMBOURG
2200 MASSACHUSETTS AVENUE, N. W.
WASHINGTON, D. C. 20008
TEL: (202) 265-4171
FAX: (202) 328-8270
Dear Madame Secretary:
I have the honor to refer to the air transport agreement between the Government
of the Grand Duchy of Luxembourg and the Government of the United States of
America, signed in Luxembourg on August 19, 1996, as amended by an exchange of
notes in Washington dated June 6, 1995 ("The Agreement").
I have the further honor to acknowledge receipt of your letter dated July 13, 1998
by which it is suggested that the Agreement be further amended to provide seventh
freedom rights for scheduled and charter all-cargo services by replacing Annexes I and II
of the Agreement with the Annexes set out as an enclosure to said-letter.
On behalf of the Government of the Grand Duchy of Luxembourg, I hereby
confirm that the suggested amendment is acceptable to the Government of Luxembourg.
I am in agreement with the suggestion that your note of July 13, 1998 as well as the
present note and its enclosure shall constitute an Agreement between the two
Governments. I am further in agreement with the suggestion that the terms of this
amendment shall be provisionally applied from the date of this present note and shall
enter into force upon a subsequent exchange of diplomatic notes indicating that internal
procedures have been completed.
Accept, Dear Madame Secretary, the renewed assurances of my highest
consideration.
Alphonse Berns
Ambassador of Luxembourg
The Honorable
Madeleine Albright
The Secretary of State
United States Department of State
Enclosure: as stated
DEPARTMENT OF STATE
WASHINGTON
July 13, 1998
Excellency:
I have the honor to refer to the Air Transport
Agreement between the Government of the United States of
America and the Government of the Grand Duchy of
Luxembourg, signed at Luxembourg August 19, 1986, as
amended by an exchange of notes at Washington dated
June 6, 1995 ("The Agreement").
I have the further honor to propose to Your Excellency
that the Agreement be further amended to provide seventh
freedom rights for scheduled and charter all-cargo
services by replacing Annexes I and II of the Agreement
with the Annexes set out as an enclosure to this note.
If the foregoing is acceptable to the Government of
the Grand Duchy of Luxembourg, I would appreciate an
affirmative note in reply from Your Excellency, which,
together with this Note and its enclosure, shall
constitute an agreement between the two governments. In
His Excellency
Alphonse Berns,
Ambassador of the Grand Duchy of Luxembourg

- 2 -
addition, I have the honor to propose that the terms of
this Amendment shall be provisionally applied from the
date of Your Excellency's note in reply and shall enter
into force upon a subsequent exchange of diplomatic notes
indicating that all internal procedures have been
completed.
Accept, Excellency, the renewed assurances of my
highest consideration.
For the Secretary of State:
Enclosure: As stated.
ENCLOSURE
Annex I
Scheduled Air Transportation
Section 1 Routes
Airlines of each Party designated under this Annex shall, in
accordance with the terms of their 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 of the United States of America:
1. From points behind the United States via the United
States and intermediate points to a point or points in
Luxembourg and beyond.
2. For all-cargo service or services, between
Luxembourg and any point or points.
B. Routes for the airline or airlines designated by the
Government of the Grand Duchy of Luxembourg:
1. From points behind Luxembourg via Luxembourg and .
intermediate points to a point or points in the United
States and beyond.
2. For all-cargo service or services, between the
United States and any point or points.
Section 2 Operational Flexibility
Each designated airline may, on any or all flights and at
its option:
1. Operate flights in either or both directions;
2. Combine different flight numbers within one
aircraft operation;
3. Serve behind, intermediate, and beyond points and
points in the territories of the Parties on the
routes in any combination and in any order;
4. Omit stops at any point or points;
2
5. Transfer traffic from any of its aircraft to any
of its other aircraft at any point on the routes;
and
6. Serve points behind any point in its territory
with or without change of aircraft or flight
number and may hold out and advertise such
services to the public as through services;
without directional or geographic limitation and without
loss of any right to carry traffic otherwise permissible
under this Agreement; provided that, with the exception of
all-cargo services, the service serves a point in the
territory of the Party designating the airline.
Section 3 Change of Gauge
On any segment or segments of the 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 of aircraft operated;
provided that, with the exception of all-cargo services, in
the outbound direction, the transportation beyond such point
is a continuation of the transportation from the territory
of the Party that has designated the airline and, in the
inbound direction, the transportation to the territory of
the Party that has designated the airlines is a continuation
of the transportation from beyond such point.
ANNEX II
Charter Air Transportation
Section 1
Airlines of each Party designated under this Annex shall, in
accordance with the terms of their designation, have the
right to carry international charter traffic of passengers
(and their accompanying baggage) and/or cargo (including,
but not limited to, freight forwarder, split, and
combination (passenger/cargo) charters):
a. Between any point or points in the territory of the
Party that has designated the airline and any point or
points in the territory of the other Party; and
b. Between any point or points in the territory of the
other Party and any point or points in a third country
or countries, provided that, except with respect to
cargo charters, such service constitutes part of a
continuous operation, with or without a change of
aircraft, that includes service to the homeland for the
purpose of carrying local traffic between the homeland
and the territory of the other Party.
In the performance of services covered by this Annex,
airlines of each Party designated under this Annex shall
also have the right to: (1) make stopovers at any points
whether within or outside of the territory of either Party;
(2) carry transit traffic through the other Party's
territory; and (3) 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 of aircraft operated;
provided that, except with respect to cargo charters, in the
outbound direction, the transportation beyond such point is
a continuation of the transportation from the territory of
the Party that has designated the airline and, in the
inbound direction, the transportation to the territory of
the Party that has designated the airline is a continuation
of the transportation from beyond such point.
Each Party shall extend favorable consideration to
applications by airlines of the other Party to carry traffic
not covered by this Annex on the basis of comity and
reciprocity.
2
Section 2
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 of its
homeland or of the other Party. If a Party applies
different rules, regulations, terms, conditions, or
limitations to one or more of its airlines, or to airlines
of different countries, each designated airline shall be
subject to the least restrictive of such criteria.
However, nothing contained in the above paragraph shall
limit the rights of either 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.
Section 3
Except with respect to the consumer protection rules
referred to in the preceding paragraph above, 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 of conformity with the applicable laws,
regulations and rules referred to under Section 2 of this
Annex or of a waiver of these laws, regulations, or rules
granted by the applicable aeronautical authorities.



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