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Air Services Arrangements between the Republic of Nauru and Solomon Islands [2006] PITSE 6 (10 September 2006)

AIR SERVICE ARRANGEMENTS BETWEEN THE REPUBLIC OF NAURU AND SOLOMON ISLANDS

(Honiara, 10^th September 2006)

ENTRY INTO FORCE : 10 SEPTEMBER 2006

PREAMBLE,

Pending the negotiation of a formal Air Services Agreement between the Government of Solomon Islands and the Government of 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" in 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 Airline, Limited is the designated airline of Solomon Island 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 Organisation (ICAO). Details of the operating procedures shall be supplied by the designated airlines on request for 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 requested.

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 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.

Signed at Honiara this 10^th day of September 2006.

MEMORANDUM OF UNDERSTANDING

1. This MOU replaces the MOU signed in October 1999 which updated the MOU signed on the 15^th of May 1990 between the Governments of the Republic of Nauru and the Solomon Islands.

2. This MOU retains the designated airlines of the Solomon Islands as Solomon Airlines Limited and Pacific Air Express. The designated airlines of the Republic of Nauru are Nauru Air Corporation operating as either Air Nauru and/or Our Airline.

3. This MOU retains the arrangement to allow the designated the airlines of the two countries to enter into code sharing, blocked space and/or any other cooperative service arrangements with each other in exercising the air service traffic rights granted under this arrangement.

4. This MOU retains the arrangement for Pacific Air Express to have the capacity to carry 40 tonnes of cargo per week, in both directions, between Nauru and Honiara.

5. This MOU grants to the designated airline of the Republic of Nauru 5^th freedom air service traffic rights from Nauru through Honiara to all points in Australia.

6. This MOU makes provision for the future granting of 5^th freedom air service traffic rights from Honiara through Nauru to points yet to be designated beyond Nauru.

7. This MOU makes provision for the capacity on the Honiara to and from Nauru route to be up to five (5) Boeing 737 aircraft per week each way by each designated airline.

8. Designated points beyond Honiara and Nauru will be as agreed between the aeronautical authorities of the two nations and shall be held on file with this MOU.

The above understandings will come into effect from the date of signature of this Memorandum of Understanding.

Signed on 10 September 2006.

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 15^th 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 4^th 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 2^nd June 1990 to Solomon Airlines.

3. Air Nauru will exercise its third and fourth air 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

Signed at Nauru this 15^th day of May 1990.

ATTACHMENT 1

TIMETABLE:

TARIFFS

CARGO