Other issues

The Depositary transmitted a certified copy of the proposed new Article 15bis to all Parties. Notification of acceptance of the amendment was received from Singapore (22 June 2004), the United States of America (7 July 2004), New Zealand (31 August 2005) and Brunei Darussalam (27 September 2005). Consequently, and in accordance with Article 17 of the MALIAT, the amendment entered into force on 27 October 2005.

The text of the Article follows:

Article 15 bis

Application Only to Air Cargo Transportation

1. Any State or APEC Member Economy which agrees to be bound by this Agreement may indicate, in its instrument of accession or written instrument indicating agreement to be bound, its intention to be bound by the terms of this Agreement only with respect to international air cargo transportation. In such cases, the Agreement shall be applicable, in accordance with paragraph 2 of this Article, between the acceding State or APEC Member Economy and any Party, other than those with which the Agreement shall not apply pursuant to a notification of non-application of the Agreement under Article 20, paragraph 5, only with respect to international air cargo transportation.
2. Where a State or APEC Member Economy has indicated its intention to be bound by the terms of this Agreement only with respect to international air cargo transportation in accordance with paragraph 1 of this Article:
   1. With respect to all-cargo services, this Agreement shall be fully applicable subject to paragraph 2(e)(i) of this Article;
   2. With respect to cargo transported by air on combination aircraft, only Article l, Article 6, Article 7, Article 8, and, subject to paragraph 2(e)(ii) of this Article, Articles 12 through 20 of this Agreement shall be applicable;
   3. With respect to cargo transported by air on combination aircraft, the provisions of Articles 6 and 7 of this Agreement shall take precedence over provisions on safety and security in any existing air transport agreements applicable between the Parties. In such cases, Articles 6 and 7 of this Agreement shall apply not only to the cargo carried on such combination aircraft, but also to the full operation of such aircraft;
   4. For purposes of cooperative marketing arrangements for cargo transported by air on combination aircraft, the "agreed routes" in Article 8, paragraph 2(c) shall mean the routes for combination aircraft established in any air transport agreement existing between the relevant Parties; and
   5. Article 15 of this Agreement shall apply only to suspend:
      1. the application to all-cargo services of any air transport agreement existing between the acceding State or APEC Member Economy and any other Party to this Agreement: and
      2. the provisions on ground-handling, cooperative marketing arrangements, establishment of retail offices, conversion and remittance of local revenues, use of local currency to pay local expenses, sales, intermodal transportation and pricing in any such agreement as they relate to cargo transportation by air on combination aircraft.
3. No rights granted under this Article for the provision of international air cargo transportation shall be construed to confer on a Party rights for the provision of international air transportation of passengers.