Details of the Cancelled Air Services Agreement Between Algeria and the UAE

Algeria has officially initiated the legal procedures necessary to cancel the air services agreement concluded with the United Arab Emirates.

This move reflects its commitment to protecting its national interests and sovereignty in the field of international air transport. The agreement, signed in Abu Dhabi on May 13, 2013, and ratified by presidential decree on December 30, 2014, granted both parties a set of reciprocal rights. However, Algeria did not hesitate to take the appropriate legal step when the country’s interests were at stake.

According to the Algerian Press Service, the cancellation process is being initiated in accordance with Article 22 of the agreement, which explicitly stipulates that it may be terminated by notifying the other contracting party through diplomatic channels and informing the Secretary General of the International Civil Aviation Organisation (ICAO), the international body responsible for regulating civil air transport. This course of action demonstrates Algeria’s strict adherence to legal and international procedures, even in cases involving the termination of bilateral agreements.

Returning to its details, the agreement was originally intended to regulate and promote air transport services between the two countries, based on reciprocity and equal opportunities. It granted each contracting party broad rights, most notably the right to cross the other’s airspace without landing, the right to land for non-commercial purposes, and the right to operate international flights for the transport of passengers and cargo. It should be noted that Algeria, while respecting these rights, maintained its sovereignty and its right to modify relations in accordance with its economic and strategic interests.

Within the same framework, the now-defunct agreement guaranteed designated airlines of both parties the freedom to use available air routes, airports, and facilities without discrimination. This is a fundamental principle of civil aviation agreements, designed to create a balanced competitive environment and ensure the smooth flow of air traffic. The agreement also stipulated that both parties would facilitate the continued operation of air routes even in exceptional circumstances, such as armed conflicts, civil unrest, political developments, or other extraordinary conditions, through temporary arrangements agreed upon by both parties.

Regarding the designation of airlines, the agreement authorised the aviation authorities of each country to designate one or more air carriers to operate the agreed routes. This designation could be withdrawn, modified, or replaced, provided the other party was notified in writing. The other contracting party was obligated to grant the necessary operating permits without delay, once the designated carrier met the applicable legal and regulatory requirements for international aviation.

However, these rights were not absolute. The agreement reserved for each party the right to suspend or revoke operating licenses or restrict the exercise of granted rights if the designated air carrier violated applicable laws and regulations, failed to comply with the agreement’s terms, or if substantial ownership and effective management of that carrier were not held by the designating party or one of its nationals. This also applies in cases of breaches of air safety standards or non-compliance with arbitration awards and dispute resolutions stipulated in the agreement.

On the financial front, the agreement that was revoked granted extensive exemptions from customs duties, taxes, and local fees. These exemptions covered aircraft, their equipment, fuel, spare parts, and technical equipment, as well as consumables and warehouses related to the operation of international flights. These exemptions were considered fundamental to reducing operating costs and encouraging air traffic between the two countries, subject to strict conditions that ensured ownership of these materials could not be transferred within the territory of the party granting the exemption.

The agreement also addressed airport and air facility usage fees, stipulating that they must be fair and reasonable, based on sound economic principles, and not exceed those imposed on national air carriers using the same facilities. It obligated both parties to encourage prior consultations with airlines regarding any anticipated fee adjustments to ensure transparency and prevent disputes.

In the area of aviation security, the agreement emphasised the commitment of both parties to implementing the standards of the International Civil Aviation Organisation (ICAO) and to full cooperation in preventing any unlawful acts that could compromise the safety of aircraft, passengers, and airports. It also stipulated mechanisms for rapid consultation in case of any breach of these standards, with the possibility of taking temporary measures in emergencies until the situation is rectified.
The agreement being cancelled also includes the cancellation of commercial aspects, as it previously allowed designated air transport companies to open offices, sell tickets, recruit staff, select ground handling agents, and freely transfer their surplus revenues abroad in convertible currency, according to official exchange rates, taking into account the monetary and tax laws in force in each country.