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Air Service Arrangements between the Republic of Nauru and Solomon Islands [1990] PITSE 27 (15 May 1990)

AIR SERVICE ARRANGEMENTS-BETWEEN THE REPUBLIC OF NAURU AND SOLOMON ISLANDS

(Nauru, 15 May 1990)

PREAMBLE

Pending the negotiation of a formal Air Services Agreement between the Government of Solomon Islands and the Government cat the Republic of Nauru both parties have agreed air services between the two countries will be conducted in accordance with the arrangements detailed hereunder.

DEFINITIONS

"Aeronautical Authorities"; in relation to The Republic of Nauru means the Civil Aviation Authority and in relation to Solomon Islands means the Permanent Secretary of the Ministry responsible for Civil Aviation.

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

AGREED ARRANGEMENTS

1. For the purposes of these arrangements Solomon Airlines Limited is the designated airline of Solomon Islands and Air Nauru is the designated airline of the Republic of Nauru.

2. Air Nauru may exercise first and second air service traffic rights in and over Solomon Islands.

3. Air Nauru and Solomon Airlines Limited may operate one service each a week on the route between Nauru and Honiara for the exercise of their third and fourth air service traffic rights. Any additional services must be approved by the respective aeronautical authorities.

4. The aircraft shall be approved by the respective aeronautical authorities and any aircraft exercising the second freedom granted under sub-clause 2 shall be similarly approved.

5. Timetables and all tariffs of the services specified in sub-clause 3 shall be subject to approval by the two aeronautical authorities and after agreement by the two airlines. Approval for changes shall, except in exceptional circumstances, be sought at least 60 days, before the proposed date of their introduction.

6. Use of aircraft other than those owned and operated by the designated airlines shall be subject to prior approval of the aeronautical authorities.

7. Operations of air services by the designated airlines shall be conducted in accordance with the laws and regulations of the countries concerned and in accordance with the appropriate procedures laid down by the Convention on International Civil Aviation and the International Civil Aviation (ICAO). Details of the operating Procedures shall be supplied by the designated airlines on request from either aeronautical authority.

8. At the request of either aeronautical authority the designated airlines shall supply such traffic statistics and other relevant information as may be required.

9. 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.

10. These arrangements supersede all previous arrangements concerning Air Services between the Governments of The Republic of Nauru and Solomon Islands.

11. 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.

MEMORANDUM OF UNDERSTANDING

This Memorandum of Understanding relates to the air Service arrangements between the Republic of Nauru and Solomon Islands agreed in Nauru on May 1990. The parties agree to the following understanding.

1. The exercise by Air Nauru of second air service traffic rights is subject to the availability of fuel at Honiara.

2. The exercise by Air Nauru of fifth air service traffic rights between Honiara and Auckland shall cease on 2nd June 1990. Solomon Airlines will commence operation of 3rd and 4th air service traffic rights on the said route on 4 June 1990. Air Nauru and Solomon Airlines on the change over of this service undertake to ensure proper transfer of traffic beyond 2nd June 1990 to Solomon Airlines.

3. Air Nauru will exercise its third and fourth air service traffic rights on the Nauru/Honiara route coincidentally with its service traffic rights on the Nauru/Honiara route coincidentally with its service between Nauru and Sydney in accordance with the timetable and tariffs at ATTACHMENT 1.

4. Air Nauru may operate Solomon Islands reciprocal rights between Honiara and Nauru until these rights are taken up by Solomon Airlines.

5. The Contracting Parties agreed that the designated airlines may operate fifth air services traffic rights through each State to points to be nominated within the Pacific basin, subject to future negotiations.

SIGNED AT NAURU THIS 15^TH DAY OF MAY 1990.

ATTACHMENT 1

TIMETABLE:

TARRIFS

CARGO

ATTACHMENT 2

AIR SERVICE ARRANGEMENT BETWEEN THE REPUBLIC OF NAURU AND SOLOMON ISLANDS

14TH--15TH MAY 1990 AT NAURU

AGENDA

1. WELCOME SPEECH BY HOST
2. SOLOMON ISLANDS RESPONSE
3. ADOPTION OF AGENDA
4. REVIEW OF CURRENT AIR SERVICES ARRANGEMENTS
5. OTHERS

ATTACHMENT 3

AIR SERVICE ARRANGEMENTS BETWEEN THE REPUBLIC. OF NAURU AND SOLOMON ISLANDS

14TH-15TH MAY 1990 AT NAURU

LIST OF PARTICIPANTS

ATTACHMENT 4

OTHER BUSINESS

1. The Nauru delegation discussed outstanding debts between the two airlines. The parties agreed that a delegation from Nauru should proceed to Solomon Islands at a mutually suitable time and make a reconciliation of accounts with the financial controllers of Solomon Airlines and produce a counter- signed statement of accounts

2. The Solomon Islands delegations requested an update on the status of implementation of the Nauru Flight Information Region (FIR). The Nauru delegation presented updated information on the status of implementation of the FIR and further informed the meeting that the matter is currently being looked at from the point of view of trained personnel and other technical matters for early implementation

ATTACHMENT 5

JOINT COMMUNIQUE

Officials of the Government of the Republic of Nauru and Solomon Islands met in Nauru on the 14^th and the 15^th of May 1990 to review the existing air service arrangements between the two countries. The meeting was successful and conducted in a cordial atmosphere.

The review of the arrangements was held to discuss the changes to air services that would result from the introduction into service on the Honiara- Auckland route by Solomon Airlines of its recently acquired B737-200 aircraft. It was agreed that Air Nauru would no longer exercise the privileges of traffic rights on the Honiara – Auckland route, which it has enjoyed since September 1983, after the 2^nd of June 1990. Solomon Airlines will take up the service on 4^th of June. Consultation will be held between the two airlines to ensure the proper transfer of traffic and bookings beyond 2^nd of June to Solomon Airlines. Air Nauru will continue to operate passenger carrying services between Nauru and Honiara and return.

Provision was made in the arrangements for both airlines to extend their services beyond the other state after negotiation in the future.