The Government approved the signing of Air Services Agreement (ASA) between the Government of India and the Government of United Mexican States. Agreed text of the proposed ASA between the two countries was initialed during bilateral civil aviation consultations between the two countries held on 10-11 January, 2008 in Mexico City.
The essential features of the proposed ASA are as follows: i) Both the countries shall be entitled to designate any number of airlines for operation of mutually agreed services for which the respective country shall grant appropriate authorization and permission. ii) Either country may revoke, suspend and limit the operating authorization or the technical permission of an airline designated by the other country if – a) Substantial ownership and effective control of the relevant airline are not vested in the other country, its nationals or both; or b) The designated airline fails to comply with the laws and regulations of the other country relating to operation and navigation of aircraft, admission to or departure of passengers, crew or cargo on aircraft from its territory while entering or leaving that country’s territory; or c) Either country finds that the other country is not maintaining and administering the standards set forth in Article 7 (Safety of the Agreement. iii) Both the countries will follow the obligations, in accordance with their rights and obligations under International law, to protect the security of civil aviation against acts of unlawful interference. Upon request, both countries shall provide each other with all necessary assistance to prevent acts of unlawful seizure of aircraft and other unlawful acts against the safety of such aircraft, their passenger and crew. iv) The designated airlines of either country shall have the right to establish offices in the territory of the other country for the promotion and sale of air services. v) The designated airline of either party may enter into cooperative marketing arrangements, such as code share, block space or any other commercial arrangements, as operating or marketing airline with airline of same party/other party/third country. vi) Either country, on the basis of reciprocity, shall exempt a designated airline of the other country, to the extent possible under its laws, from custom duties, excise taxes, inspection fees and other national duties and charges on specific items (aircraft, fuel lubricating oil, spare parts of aircraft/engine etc.) introduced into the territory of the other country, retained or taken on board by the designated airline and which are intended for use in operating the agreed services. vii) The designated airlines of the two countries shall have fair and equal opportunity to operate the agreed services on specified routes, while taking into account the interest of the other country’s airlines so as not to unduly affect the services which the latter offers to provide under the proposed Agreement. viii) Either party may impose reasonable and just user charges on the airlines of the other country. ix) The designated airline will be free to decide tariffs in respect of the agreed services at reasonable levels based on the commercial considerations. For any tariff to become effected and marketed, the prior approval of the Aeronautical authorities of both parties shall be obtained. The designated airlines of both parties shall not be required to agree on the fares to be applied. The new arrangement signifies an important landmark in the Civil Aviation relations between India and United Mexican States and will pave the way for establishment of air links between the two countries. The Agreement will be signed on behalf of the two countries after it has been approved by the respective Governments. Implementation would be watched and reported by this Ministry. (c) Centre for Asia Pacific Aviation. Date posted: 14-Apr-08. |