New Delhi 31 May 1963
The Government of India and the Federal Republic of Germany, hereinafter described as the "Contracting Parties",
BEING Parties to the Convention on International Civil Aviation hereinafter referred to as the Convention opened for signature at
Chicago on the 7th December, 1944,
AND DESIRING to conclude an Agreement for the purpose of establishing air services between and beyond their respective territories,
HAVE agreed as follows
Article I
For the purpose of the Present Agreement, unless the context otherwise requires:
(a) the term "aeronautical authorities" shall mean, in the case of India, the Director General of Civil Aviation, and in the case
of the Federal Republic of Germany, the Federal Minister of Transport, or any person or body authorised to perform the functions
presently exercised by the said Director General or by the said Minister;
(b) the term "designated airline" shall mean an airline which the aeronautical authorities of one Contracting Party have designated
in writing to the aeronautical authorities of the other Contracting Party, in accordance with Article III of the present Agreement;
came into force on 18 February 1965.
(c) the terms "territory", "air-service", "international air service" and "stop Ar non-traffic purposes" have the meanings respectively
assigned to them in Articles 2 and 96 of the Convention.
Article II
(1) Each Contracting Party grants to the other Contracting Party the rights specified in the present Agreement for the purpose of
establishing air services according to the Route Schedule which shall be specified by; an Exchange of Notes between the Contracting
Parties; such air services and routes as specified in the route Schedule shall hereinafter be called "the agreed services" and "the
specified routes". The agreed services may be inaugurated at any time after the provisions of Article III have been complied with.
(2) Subject to the provisions of the present Agreement, the airline designated by each Contracting Party shall enjoy, while operating
an agreed service on a specified route, the following rights :
(a) to fly without landing across the territory of the other Contracting Party;
(b) to make stops in the territory of the other Contracting Party for non-traffic purposes, and
(c) to make stops in the territory of the other Contracting Party in accordance with the Route Schedule as specified in the Exchange
of Notes for the purpose of putting down and taking on international traffic in passengers, mail and cargo.
(3) Nothing in the present Agreement shall be deemed to confer on the airline of one Contracting Party the privilege of taking on,
in the territory of the other Contracting Party, passengers, mail or cargo to be set down at another point in the territory of that
other Contracting Party.
(4) The laws and regulations of one Contracting Party relating to entry into or departure from its territory of aircraft or of air
services operated in international air navigation or to the operation of such aircraft or air services while within its territory
shall apply to aircraft and agreed services of the designated airline of the other Contracting Party.
Article III
(1) Each Contracting Party shall have the right to designate in writing to the other Contracting Party one airline for the purpose
of operating the agreed services in accordance with the Schedule.
(2) On receipt of the designation, the Contracting Party shall, through its own aeronautical authorities and subject to the provisions
of paragraphs 3 and 4 of this Article, without delay grant to the designated airline the appropriate operating authorisation.
(3) The aeronautical authorities of one Contracting Party may require the airline designated by the other Contracting Party to satisfy
them that it is qualified to fulfil the conditions prescribed under the laws and regulations normally applied by them to the operations
of air carriers and of international commercial air services.
(4) Each Contracting Party shall have the right to refuse to accept the designation of the airline or to withhold the grant to the
airline of the rights specified in paragraph 2 of Article II of the present Agreement or to impose such conditions as it may deem
necessary on the exercise by the airline of those rights in any case where it is not satisfied that substantial ownership and effective
control of that airline are vested in the other Contracting Party or its nationals.
(5) The airline so designated and authorised may begin to operate the agreed services at any time provided that the provisions of
Articles X and XII have been complied with.
Article IV
(1) Each Contracting Party reserves the right to itself to revoke the operating authorisation or impose such appropriate conditions
as it may deem necessary in case of failure by a designated airline of the other Party to comply with the laws and regulations of
the former Party, or in case, in the judgement of the former Party, there is a failure to fulfil the conditions under which the rights
are granted in accordance with the present Agreement. This shall also apply if the provisions of paragraph 4 of Article III are not
complied with. Such action shall be taken only after consultation between the Contracting Parties in accordance with Article XIV
of the present Agreement unless an immediate suspension of operations or imposition of conditions is necessary to avoid further infringements
of laws, regulations or provisions of the present Agreement.
(2) Each Contracting Party shall have the right by written communication to the other Contracting Party to replace its designated
airline by another designated airline subject to the provisions of the present Agreement. The newly designated airline shall have
the same rights and be subject to the same obligations as the airline which it replaces.
Article V
The charges imposed in the territory of one Contracting Party for the use of airports and other aviation facilities by the aircraft
of the designated airline of the other Contracting Party shall not be higher than those paid by the aircraft of a national airline
engaged in similar international air services.
Article VI
(1) Aircraft operated by a designated airline of either Contracting Party and entering, departing again from, or flying across the
territory of the other Contracting Party, as well as fuel, lubricants, spare parts, regular equipment and aircraft stores on board
such aircraft, shall be exempt from customs duties and other charges levied on the occasion of importation, exportation or transit
of goods, provided that the aircraft does not stay at a time in the territory of the other Contracting Party for a period exceeding
six months. This shall also apply to goods on board the aircraft consumed during the flight across the territory of the latter Contracting
Party.
(2) Aircraft stores, spare parts and regular equipment temporarily imported into the territory of either Contracting Party, there
to be immediately or after storage installed in the aircraft of the designated airline of the other Contracting Party or to be placed
on board such aircraft for the use by or on board such aircraft or to be otherwise exported again from the territory of the former
Contracting Party, shall be exempt from customs duties and other charges mentioned in Paragraph 1 of this Article.
(3) Fuel and lubricants taken on board the aircraft of a designated airline of either Contracting Party in the territory of the other
Contracting Party and used in international air services shall be exempt from the customs duties and other charges mentioned in Paragraph
1 of this Article.
(4) Each Contracting Party shall have the right to require that the loading, unloading, temporary storage pending re-export and reexport
of the goods mentioned in Paragraphs I to 3 of this Article shall be done under the supervision of the customs authorities of the
Contracting Party in whose territory these take place.
Article VII
(1) The designated airline of each Contracting party shall, in all respects, enjoy fair and equal opportunity for the carriage of
international traffic between and beyond the territories of the two Parties.
(2) The aeronautical authorities of the two Contracting Parties shall regularly exchange views in regard to application and interpretation
of this Article in order to assure the observance of principles of fair and equal opportunity to the designated airlines.
Article VII
In the operation by the designated airline of either Contracting Party of the agreed air services, the interests of the designated
airline of the other Party shall be taken into consideration so as not to affect unduly the services which the latter provides on
all or part of the same route.
Article IX
(1) The capacity to be provided, the frequency of services to be operated and the nature of air services, that is, transiting through
or terminating in the territory of the other Contracting Party shall be agreed between the designated airlines in accordance with
the, principles laid down in Articles VII and VIII and the provisions of this Article. Such agreement shall be subject to the approval
of the aeronautical authorities of the two Contracting Parties.
(2) Any increase in the capacity to be provided or frequency of services to be operated by the designated airline of either Contracting
Party shall be agreed, in the first instance, between the designated airlines and shall be subject to the approval of the aeronautical
authorities on the basis of the estimated requirements of traffic between the territories of the two Parties and any other traffic
to be jointly agreed and determined. Pending such agreement or settlement, the capacity and frequency entitlements already in force
shall prevail.
(3) If the designated airlines of the Contracting Parties fail to agree on any matter on which their agreement is required under the
provisions of this Article, the aeronautical authorities of the Contracting Parties shall endeavour to-reach agreement thereon.
(4) The capacity to be provided, the frequency of services to be operated and the nature of air service, that is, transiting through
or terminating in the territory of the other Contracting Party as agreed to in accordance with the provisions of this Article shall
be specified in an exchange of letters between the aeronautical authorities of the Contracting Parties.
Article X
Each Contracting Party shall cause its designated airline to communicate to the aeronautical authorities of the other Contracting
Party, as long in advance as practicable, but not later than thirty days prior to the inauguration of the agreed services, the type
of service, the type of aircraft to be used, the flight schedules, tariff schedules, and all other relevant information concerning
the operation of the agreed services including such information as may be required to satisfy the aeronautical authorities that the
requirements of the present Agreement are being duly observed. The requirements of this Article shall likewise apply to any changes
concerning the agreed services.
Article XI
The aeronautical authorities of either Contracting Party shall furnish to the aeronautical authorities of the other Contracting Party
statistics relating to the traffic carried during each month on their air services to or from or through the territory of the other
Contracting Party showing the countries of origin and destination and the points of embarkation and disembarkation of such traffic.
Such statistics shall be furnished as early as possible and in any case within six months of the period to which they relate.
Article XII
(1) In fixing tariffs on any agreed service due account shall be taken of all factors, such as cost of operation, reasonable profit,
the characteristics of the various routes and the tariffs charged by any other airlines which operate over the same routes or parts
thereof. In fixing such tariffs, the provisions of the following Paragraphs should be observed.
(2) The tariffs shall, if possible, be agreed for each route between the two designated airlines. For this purpose the designated
airlines should be guided by such decisions as are applicable under the traffic conference procedures of the International Air Transport
Association (IATA) or should, if possible, agree on such tariffs directly between themselves after consulting with airlines of third
countries which operate over the same routes or parts thereof.
(3) Any OHMS so agreed shall be submitted for approval to the aeronautical authorities of both Contracting Parties at least thirty
days prior to the proposed date of their introduction. This period may be reduced in special cases if the aeronautical authorities
so agree.
(4) If no agreement has been reached between the designated airlines in accordance with Paragraph 2 of this Article, or if the aeronautical
authorities of one of the Contracting Parties do not consent to the tariffs submitted for their approval in accordance with Paragraph
3 of this Article, the aeronautical authorities of the two Contracting Parties should by common accord fix those tariffs for routes
or parts thereof on which there is disagreement or lack of consent.
(5) Pending determination of the tariffs in accordance with this Article, the tariffs already in force shall prevail.
Article XIII
In a spirit of close collaboration, the aeronautical authorities of the two Contracting Parties shall exchange views regularly on
the application and interpretation of the present Agreement.
Article XIV
Consultations may be requested at any time by either Contracting Party for the purpose of initiating any amendments to the present
Agreement or to the Exchange of Notes referred to in Article II of the present Agreement. Consultations may also be requested on
matters concerning the interpretation and application of the present Agreement if either Contracting Party considers that an exchange
of views within the meaning of Article XIII has been without success. Such consultation shall begin within a period of sixty days
from the date of the request. Any modification of the present Agreement as a result of such consultations shall come into effect
after the respective constitutional requirements have been fulfilled and when it has been confirmed by an exchange of diplomatic
notes. Any modification of the Exchange of Notes referred to in Article Il of the present Agreement shall come into effect when it
has been confirmed by an exchange of diplomatic notes.
Article XV
(1) To the extent that any disagreement arising out of the interpretation or application of the present Agreement cannot be settled
in accordance with Article XIV of the present Agreement, it shall be submitted to an arbitral tribunal at the request of either Contracting
Party.
(2) Such arbitral tribunal shall be established in each individual case in such a way as to comprise one member to be appointed by
each Contracting Party and these two members shall then agree upon the choice of a national of a third State as the chairman who
shall be appointed by the Governments of the two Contracting Parties. The members shall be appointed within sixty days and the chairman
within ninety days after either Contracting Party has informed the other Contracting Party of its intention of referring the disagreement
to arbitration.
(3) If the time-limits provided for in Paragraph 2 are not observed, either of the Contracting Parties may, in the absence of any
other relevant agreement, invite the President of the Council of the International Civil Aviation Organization (ICAO) to make the
necessary appointments. Where the President is prevented from carrying out this function, his deputy in office should be invited
to make the necessary appointments.
(4) The arbitral tribunal shall reach its decisions by a majority of votes. Such decisions shall be binding on both Contracting Parties.
Each of the Contracting Parties shall bear the expenses of its own member as well as of its representation in the proceedings at
the arbitral tribunal; the expenses of the chairman and any other expenses shall be borne in equal parts by both Contracting Parties.
In all other respects, the arbitral tribunal shall determine its own procedure.
Article XVI
To the extent to which they are applicable to the air services established under the present Agreement, the provisions of the Convention
shall remain in force in their present form between the Contracting Parties for the duration of the Agreement, as if they were an
integral part of the Agreement, unless both Contracting Parties ratify any amendment to the Convention, which shall have duly come
into force in which case the Convention as amended shall remain in force for the duration of the present Agreement.
Article XVII
(1) The present Agreement shall be subject to ratification and instruments of ratification shall be exchanged as soon as possible.
(2) The present Agreement shall enter into force thirty days after the exchange of the instruments of ratification.
Article XVIII
Either Contracting Party may, at any time, give written notice to the other, of its desire to terminate the present Agreement. Such
notice shall be simultaneously communicated to the International Civil Aviation Organization. If such notice is given, the present
Agreement shall terminate twelve months after the date of receipt of the notice by the other Contracting Party, unless the notice
to terminate is withdrawn by agreement before the expiry of this period. In the absence of acknowledgement of receipt by the other
Contracting Party, notice shall be deemed to have been received fourteen days after the receipt of the notice by the International
Civil Aviation Organization.
DONE at New Delhi this 31st day of May, 1963 in six originals, two each in the Hindi, German and English languages, all the six texts
being equally authentic. In case of any divergence of interpretation, the English texts shall prevail.
Sdl-
M.M. PHILIP
For the Government of India.
Sdl-
G.F. DUCKWITZ
For the Federal Republic of Germany.
DER BOTSCHAFTER
DER RUNDESREPUBLIK DEUTSCHLAND
Sir,
I have the honour to refer to paragraph 1 of Article II of the Air Services Agreement signed today at New Delhi. In this negotiations
which have been conducted in connection with the above mentioned Agreement, it has been agreed that air services may be operated
on the routes specified in the following Route Schedule:
I. Routes to be operated in both directions by the Airlines designated by the Federal Republic of Germany
