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Air Services Arrangements between Solomon Islands and Papua New Guinea [1990] PITSE 21 (8 May 1990)

AIR SERVICE'S ARRANGEMENTS BETWEEN SOLOMON ISLANDS AND PAPUA NEW GUINEA

(Port Moresby, 8 May 1990)

ENTRY INTO FORCE : 08 FEBRUARY 1990

1. DEFINITIONS

"Aeronautical Authorities" ; in relation to Papua New Guinea means Director/secretary responsible for Civil Aviation, and in relation to Solomon Islands means the Permanent Secretary of the Ministry responsible for Civil Aviation.

"Tariffs" in this context means all passenger fares, cargo rates, mail rates, related agency commission and general conditions.

2. OBJECTIVES

It is desirable by both Solomon Islands and Papua New Guinea that the following objectives be achieved:

2.01 The establishment and operation of a direct service between Port Moresby and Honiara.

2.02 Continued effective consultation and co-operation between the designated airlines of both countries with respect to matter of common interest.

2.03 The promotion and fostering of scheduled freighter services between the two countries.

2.04 The desirable long term objective is to conclude an air services agreement between the two countries. For this purpose, a study of a suitable draft would be undertaken by both parties.

3. AGREED ARRANGEMENTS

Pending conclusion of such an air services agreement the following agreed arrangements would be in operation –

3.01 The designated airline of Papua New Guinea, Air Niugini may operate scheduled services from any point in Papua New Guinea to Solomon Islands in accordance with the routes specified below.

3.01.1 From any point in Papua New Guinea to Honiara and vice versa.

3.01.2 From any point in Papua New Guinea to Munda/ Honiara and vice versa, provided there is no traffic right between Munda/Honiara and vice versa.

3.01.3 Fifth freedom is granted to Air Niugini, from Honiara/Port Vila. This right is subject to a satisfactory commercial agreement between Solomon Airlines and Air Niugini.

3.02 The designated airline of. Solomon Islands, Solomon Airlines may operate scheduled services in accordance with the routes specified below -

3.02.1 From any point in Solomon Islands to Port Moresby and vice versa.

3.02.2 From any point in Solomon Islands to Kieta and vice versa.

3.02.3 From any point in Solomon Islands to Kieta/ Port Moresby and vice versa, provided there is no traffic right between Kieta/Port Moresby and vice versa.

3.03 For the benefit of ethnically related people of both countries it is desirable that an additional scheduled service be operated by the designated airlines to/from Kieta provided that on this service landings are made at each of the following designated points -

MUNDA - GIZO - BALALAI

and the same shall apply in the return schedule to/from Honiara. No designated point or points will he omitted. The service will operate under one flight number only in each direction. The operation of this service will be subject to mutual agreement between the designated airlines.

3.04. Under these arrangements both Solomon Islands and Papua New Guinea will each have a capacity of 240 seats over the total route. Any increase in the capacity (equipment) will be subject to the approval of the aeronautical authorities of both countries.

3.05 Initial operating schedules under these arrangements and any subsequent variations thereof must, save in exceptional circumstances, be submitted not less than 60 days in advance for the approval of the aeronautical authority of the other country.

3.06 Both designated airlines shall have the right to establish and maintain representatives in the territory of the other country in order to engage in normal airline activities which include management, promotion, serving of accredited travel agents, information, ticket selling and operational activities. Such a right however is subject to the relevant laws of each country.

3.07 The tariffs to be applied in respect of the specified services will be agreed between the designated airlines. The tariffs will also be subject to approval by the aeronautical authority of each country. Approval for tariffs should save in exceptional circumstances to be sought at least 60 days before the proposed date of their introduction. In the event that the airlines fail to reach agreement on the tariffs to be applied the aeronautical authorities will consult directly on the matter. The final decision as to what tariffs are to be charged belongs to each sovereign state.

3.08 Operations on the specified routes are to be conducted in accordance with the laws and regulations of the countries concerned and also in accordance with the appropriate procedures laid down by the International Civil Aviation Organisation. Details of the airlines operating procedures will be supplied on request to the respective aeronautical authority.

3.09 At the request of either aeronautical authority the other aeronautical authority will supply to it periodic or other statements of statistics of passengers, cargo and mail carried over the specified routes.

3.10 The air services specified in these arrangements will be authorised by permits/licences issued by the respective aeronautical authority of Papua New Guinea and Solomon Islands as required.

3.11 In order to ensure close collaboration in the performance of these arrangements, the aeronautical authorities of both countries will consult on the request of either of those authorities. In the event that either party considers it desirable to amend any provision herein, it may request consultation with the other party. Such consultation between the aeronautical authorities is to start within 60 days from receipt of the request. Consultation could be in the form of discussion or by correspondence.

4.00 EFFECT OF THESE ARRANGEMENTS

4.01 These arrangements supersede all previous arrangements concerning Air Services between the Governments of Papua New Guinea and Solomon Islands.

4.02 These arrangements will take effect from the date hereunder and remain in force until superseded by further agreed arrangements or until terminated by either Government after giving at least 12 months written notice to the other.

Signed at Port Moresby this eight of May 1990.

MEMORANDUM OF UNDERSTANDING

1. Delegations representing the Governments of New Zealand and Solomon Islands met at Lower Hutt on 21-22 March 1990 to negotiate an Air Services Agreement. The delegation lists are appended as Attachment I. The meeting was held in a friendly and cordial atmosphere.

Air Services Agreement

2. The negotiations resulted in the initialling of the text of an Air Services Agreement and an annexed Route Schedule, appended as Attachment 11, which are to be submitted to the respective Governments for approval and signature.

Capacity

3. The delegations reached the following understandings:

(a) The designated airlines of each Contracting Party may operate the equivalent of up to two Boeing 737 return services per week on the specified routes. For these purposes, two B737s are the equivalent of one B737.

(b) In the event that a New Zealand designated airline were to commence services on the specified route within three years of the date of signature of the Air Services Agreement, that airline's carriage of traffic originating in the territory of either Contracting Party and destined for that of the other, would be the subject of a commercial agreement between the two designated airlines concerned until the expiry of that three-year period.

Signed at Lower Hutt, 22 March.1990.

NEW ZEALAND DELEGATION

SOLOMON ISLANDS DELEGATION