Council to Contracting States on
Charges for Airport and Air Navigation (Section Four)

PART I
            AIR NAVIGATION
            CHAPTER I
            General Principles and Application of Convention
            ARTICLE-1
            Sovereignty:
The Contracting States recognize that every State has complete and exclusive sovereignty over the Airspace above its Territory.
ARTICLE-2
Territory:
For the purposes of this Convention the territory of a State shall be deemed to be the land areas and territorial waters adjacent thereto under the sovereignty, suzerainty, protection or mandate of such State.
ARTICLE-3
Civil and State aircraft:

  1. This Convention shall be applicable only to civil aircraft, and shall not be applicable to State aircraft.
  2. Aircraft used in military, customs and police services shall be deemed to be State aircraft.
  3. No State aircraft of a Contracting State shall fly over the territory of another State or land thereon without authorization by special agreement or otherwise, and in accordance with the terms thereof.
  4. The Contracting states undertake, when issuing regulations for their State aircraft, that they will due regard for the safety of navigation of civil aircraft.

ARTICLE –3 bis
a) The contracting States recognize that every State must refrain from restoring to the use of weapons against civil aircraft in flight and that , in case of interception, the lives of persons on board and the safety of aircraft must not be endangered. This provision shall not be interpreted as modifying in any way the rights and obligations of States set forth in the chapter of the United Nations.
b) The Contracting States recognize that every state, in the exercise of its sovereignty, is entitled to require the landing at some designated airport of a civil aircraft flying above its territory without authority or if there are reasonable grounds to conclude that it is being used for any purpose inconsistent with the aims of this Convention; it may also give such aircraft any other instructions to put an end to such violations. For this purpose, the Contracting States may resort to any appropriate mans consistent with relevant rules of International Law, including the relevant provisions of this Convention, specifically paragraph a) of this Article. Each Contracting State agrees to publish its regulations in force regarding the interception of civil aircraft.
c) Every civil aircraft shall comply with an order given in conformity with paragraph b) of this Article. To this end each Contracting State shall establish all necessary provision in its national laws or regulations to make such compliance mandatory for any civil aircraft registered in that State or operated by an operator who has his principal place business or permanent residence in that state. Each Contracting State shall make any violation of such applicable laws  or regulations punishable by severe penalties and shall submit the case to its competent authorities in accordance with its laws or regulations.

  1. Each Contracting State shall take appropriate measures to prohibit the deliberate use of any civil aircraft registered in that State or operated by an operator who has his principal place of business or permanent residence in that State for any purpose inconsistent with the aims of this Convention. This provision shall not affect paragraph a) or derogate from paragraph b) of this Article.

ARTICLE- 4
Misuse of Civil Aviation:
Each Contracting State agrees not to use civil aviation for any purpose inconsistent with the aims of this Convention.

CHAPTER II
Flight over Territory of Contracting States :
ARTICLE- 5
Right of non Scheduled flight
Each Contracting State agrees that all aircraft of the other Contracting States, being aircraft not engaged in scheduled international air services hall have the right , subject to the observance of the terms of this Convention, to make flights into or transit non-stop across its territory and to make stops for non-traffic purposes without the necessity of obtaining prior permission, and subject to the right of the State flown over to require landing. Each Contracting State nevertheless reserves the right, for reasons of safety of flight, to require aircraft desiring to proceed over regions which are inaccessible  or without adequate air navigation facilities to follow prescribed routs, or to obtain special permission for such flights.
Such aircraft, if engaged in the carriage of passengers, cargo, or mail for remuneration or hire on other than scheduled international air services, shall also, subject to the provisions of Article-7, have the privilege of taking on or discharging passengers, cargo, or mail, subject to the right of any State where such embarkation or discharge takes place to impose such regulations, conditions or limitations as it may consider desirable.
ARTICLE- 6
            Scheduled Air Services:
No scheduled international air service may be operated over or into the territory of a Contracting State, except with the special permission or other authorization of that State, and in accordance with the terms of such permission or authorization.
ARTICLE- 7
Cabotage:
Each Contracting State shall have the right to refuse permission to the aircraft of other Contracting States to take on in its territory passengers, mail and cargo carried for remuneration or hire and destined for another point within its territory. Each Contracting State undertakes not to enter into any arrangements which specifically grant any such privilege on an exclusive basis to any other state or an airline of any other State, and not to obtain any such exclusive privilege from any other State.
ARTICLE- 8
Pilotless  Aircraft:
No aircraft capable of being flown without a pilot shall be flown without a pilot over the territory of a Contracting State without special authorization by that State and in accordance with the terms of such authorization. Each Contracting State undertakes to insure that the flight of such aircraft without a pilot in regions open to civil aircraft shall be so controlled as to obviate danger to civil aircraft.

 

ARTICLE- 9
Prohibit Areas:
Each Contracting State may, for reasons of military necessity or public safety, restrict or prohibit uniformly the aircraft of other states from flying over certain areas of its territory, provided that no distinction in this respect is made between the aircraft of the State whose territory is involved, engaged in international scheduled airline services, and the aircraft of the other Contracting States likewise. Such prohibited areas shall be of reasonable extent and location so as not to interfere unnecessarily with air navigation. Descriptions of such prohibited areas in the territory of a Contracting State, as well as any subsequent alterations therein, shall be communicated as soon as possible to the other Contracting States and to the International Civil Aviation Organization.

  1. Each Contracting State reserves also the right, in exceptional circumstances or during of a period of emergency, or in the interest of public safety, and with immediate effect, temporarily to restrict or prohibit flying over the whole or any part of its territory, on condition that such restriction or prohibition shall be applicable without distinction of nationality to aircraft of all other States.
  2. Each Contracting State, under such regulation as it may prescribe, may require any aircraft entering the areas contemplated in subparagraphs a) o b) above to effect a landing as soon as practicable thereafter at some designated airport within its territory.

ARTICLE- 10
Landing at Customs a Airport:
Except in case where, under the terms of this Convention or a special authorization, aircraft are permitted to cross the territory of a Contracting State without landing, every aircraft which enters the territory of  a Contracting State shall, if the regulations of that so require, landing at an airport designated by that State for the purpose of customs and other examination. On departure from the territory of a Contracting State, such aircraft shall depart from a similarly designated customs airport. Particulars of all designated customs airports shall be published by the State and transmitted to the International Civil Aviation Organization established under part II of this Convention for communication to all other Contracting States.
ARTICLE – 11
Applicability of Air Regulations:
Subject to the provisions of this Convention, the laws and regulations of a Contracting state relating to the admission to or departure from its territory of aircraft engaged in international air navigation, or to the operation and navigation of such aircraft while within its territory, shall be applied the aircraft of Contracting States without distinction as to nationality, and shall be complied with by such aircraft upon entering or departing from or while within the territory of that State.
ARTICLE – 12
Rules of the Air:
Each Contracting State undertakes to adopt measures to insure that every aircraft carrying its nationality mark, wherever such aircraft may be, shall comply with the rules and regulations relating to the flight and maneuver of aircraft there in force. Each Contracting State undertakes to keep its own regulations in these respects uniform, to the greatest possible extent, with those established from time under this Convention. Over the high seas, the rules in force shall be those established under this Convention> Each Contracting State undertakes to insure the prosecution of all persons violating the regulations applicable.

ARTICLE – 13
Entry and Clearance Regulations:
The laws and regulations of a Contracting State as to the admission to or departure from its territory of passengers, crew or cargo of aircraft, such as regulations  relating to entry, clearance, immigration, passports, customs, and quarantine shall be complied with by or on behalf of such passengers, crew or cargo upon entrance into or departure from, or while within the territory of that State.
ARTICLE – 14
Prevention of Spread of Disease:
Each Contracting State agrees take effective measures to prevent the spread by means of air navigation of cholera, typhus ( epidemic), smallpox, yellow fever, plague, and such other communicable diseases as the Contracting State shall from time to decide to designate, and to that end Contracting States will keep in close consultation with the agencies concerned with international regulations relating to sanitary measure applicable to aircraft. Such consultation shall be without prejudice to the application of any existing international Convention on this subject to which the Contracting States may be parties.
ARTICLE – 15
Airport and Similar Charges:
Every airport in a Contracting State which is open to public use by its national aircraft  shall likewise, subject of the provisions of Article 68, be open under uniform conditions to the aircraft of all the other Contracting States > The like uniform conditions shall apply to the use, by aircraft of every Contracting State, of all air navigation facilities, including radio and meteorological services, which may be provided for public use for safety and expedition of air navigation.
Any charges that may be imposed or permitted to be imposed by a Contracting State for the use of such airports and air navigation facilities by the aircraft of any other Contracting State shall not be higher,as to aircraft not engaged in scheduled international air services, than those that would be paid by its national aircraft of the same class engaged in similar operation, and

  1. As to aircraft engaged in scheduled international air services, than those that would be paid by its national aircraft engaged in similar international air services.

All such charges shall be published and communicated to the International Civil Aviation Organization, provided that, upon representation by an interested Contracting State, the charges imposed for the use of airports and other facilities shall be subject to review by the Council, which shall report and make recommendations thereon for the consideration of the State or States concerned. No fees, dues or other charges shall be imposed by any Contracting State in respect solely of the right of transit over or entry or exit from  its territory of any aircraft of a Contracting State or persons or property thereon.
ARTICLE - 16
Search of Aircraft:
The appropriate authorities of each of the Contracting States shall have the right, without unreasonable delay, to search aircraft of the other Contracting States on landing or departure, and to inspect the certificates and other documents prescribed by this Convention.