HAVE AGREED AS FOLLOWS: DESIRING to remove restrictions on air services, RECOGNISING also paragraph 3 of Article I of the Framework Agreement on Enhancing ASEAN Economic Cooperation signed on 28 January 1992 in Singapore, that, in the implementation of economic arrangements, two or more Member States may proceed first if other Member States are not ready to implement these arrangements; and RECALLING the ASEAN Multilateral Agreement on the Full Liberalisation of Passenger Air Services signed on 12 November 2010 in Bandar Seri Begawan, Brunei Darussalam, its Annexes and its Implementing Protocols (hereinafter referred to as "the Agreement"); The Governments of Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao People's Democratic Republic (Lao PDR), Malaysia, the Republic of the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand and the Socialist Republic of Viet Nam, Member States of the Association of Southeast Asian Nations (ASEAN) (hereinafter referred to collectively as "Contracting Parties" or individually as "Contracting Party"); PROTOCOL 4 ON CO-TERMINAL RIGHTS BETWEEN POINTS WITHIN THE TERRITORY OF ANY OTHER ASEAN MEMBER STATE JIll asean 2 3. For Indonesia, the co-terminal rights shall be exercised between five points: Jakarta, Denpasar, Makassar, Medan and Surabaya. 2. In addition to operating or holding out the agreed services on the specified route(s), the designated airlines of each Contracting Party shall be allowed to, when exercising co- terminal rights, serve, in addition to the points mentioned in Section 1 of Annex I of the Agreement, any additional points with international airport, within the territory of other Contracting Parties. For the avoidance of doubt, Section 2 of Annex I of the Agreement shall apply to the exercise of co-terminal rights. 1. The designated airline(s) of each Contracting Party shall be allowed to exercise co-terminal rights, provided that there shall be no exercise of cabotage rights. For the avoidance of doubt, the term "cabotage rights" includes the holding out of air services for sale on purely domestic routes by the designated airline(s) of that Contracting Party. Article 2 Co-Terminal Rights For the purposes of this Protocol, the term "co-terminal rights" refers to the right of the designated airline(s) of each Contracting Party to serve two or more points in another Contracting Party on the same routing and shall only be available as part of an international journey. Article 1 Definitions 3 4. This Protocol shall be added as Protocol 4 to Annex II of the Agreement which shall be amended pursuant to 3. Notwithstanding paragraph 2 of Article 16 of the Agreement, this Protocol shall enter into force on the date of the deposit of the third (3rd) Instrument of Ratification or Acceptance with the Secretary-General of ASEAN and shall become effective only among the Contracting Parties that have ratified or accepted it. For a Contracting Party depositing its Instrument of Ratification or Acceptance after the date of entry into force of this Protocol, this Protocol shall enter into force for that Contracting Party on the date of its deposit of Instrument of Ratification or Acceptance. 2. This Protocol is subject to ratification or acceptance by the Contracting Parties. The Instruments of Ratification or Acceptance shall be deposited with the Secretary-General of ASEAN who shall promptly inform each Contracting Party of such deposit. 1. This Protocol shall be deposited with the Secretary- General of ASEAN who shall promptly furnish a certified copy thereof to each Contracting Party. Article 4 Final Provisions There shall be no limitation on capacity, frequency and aircraft type with regard to the agreed services served under this Protocol exercising co-terminal rights as provided in Article 2 of this Protocol. Article 3 Capacity and Frequency 4 IN WITNESS WHEREOF, the undersigned, being duly authorised to sign by their respective Governments, have signed this Protocol. d) Protocol4 Co-Terminal Rights Between Points Within the Territory of Any Other ASEAN Member State. c) Protocol 3 Domestic Code-Share Rights Between Points Within the Territory of Any Other ASEAN Member State; and b) Protocol 2 Unlimited Fifth Freedom Traffic Rights Between Any ASEAN Cities; a) Protocol t Unlimited Third and Fourth Freedom Traffic Rights Between Any ASEAN Cities; The following Implementing Protocols shall form integral parts of this Agreement: IMPLEMENTING PROTOCOLS ANNEX II paragraph 2 of Article 16 of the Agreement to read as follows: 5 r Transportation BUDI For the Republic of Indonesia: Minister In-Charge State Secretariat of Civil Aviation For the Kingdom of Cambodia: ~ DATO ABDUL MUTALIB YUSOF Minister of Communications For Brunei Darussalam: DONE at Bangkok, Thailand, this Ninth Day of November in the Year Two Thousand and Eighteen, in a single original copy in the English Language. ~ 6 _ P. TUGADE ~c-etary of Transportation For the Republic of the Philippines: Union Minister for Transport and Communications For Malaysia: BOUNCHANH SINTHAVONG Minister of Public Works and Transport For the Lao People's Democratic Republic: 7 NGUYEN VAN THE Minister of Transport For the Socialist Republic of Viet ..am ARKHOM TERMPITTAYAPAISITH Minister of Transport For the Kingdom of Thailand KHAW BOON WAN Coordinating Miniler for Infrastructureand Ministerfor Transport For the Republic of Singapore: one vision one identity one community AKP Mochtan Deputy Secretary-General of ASEAN Community and Corporate Affairs Department The ASEAN Secretariat Jakarta, 14 November 2018 I, THE UNDERSIGNED Deputy Secretary-General of ASEAN for Community and Corporate Affairs, hereby certify that the attached text is a true and complete copy of the Protocol 4 on Co-Terminal Rights between Points within the Territory of any other ASEAN Member State signed on 9 November 2018 in Bangkok, Thailand. public@asean.org www.asean.org Protocol 4 on Co-Terminal Rights between Points within the Territory of any other ASEAN Member State Phone: (62-21) 7262991 (62-21) 724 3372 Fax: (62-21) 739 8234 (62-21) 724 3504 CERTIFYING STATEMENT The ASEAN Secretariat 70 A JI. Sisingamangaraja Jakarta 12110 Indonesia ASSOCIATION OF SOUTHEAST ASIAN NATIONS• -!:Ta",ng"",aa",I __ : 15 Februari 2024 Dale Sekretaris Direl<torat Jenderal Hu1<um dan Pefjanjian Inlernasional Kementerian Luar Negeri ReDubfk IncIorol3Sia Secretaryof Directorate General for LegalAffairs and International Trsali6s MJroslryof ForeignMm, R&pubhcOIlndooesia
PERPRES_65_2024
Type: PERPRES Processed: 2026-01-04T12:35:43.349841 Source: PERPRES_65_2024_content.md
PERPRES_65_2024
JIllasean
PROTOCOL 4
ON CO-TERMINAL RIGHTS BETWEEN POINTS WITHIN THE
TERRITORY OF ANY OTHER ASEAN MEMBER STATE
The Governments of Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao People's Democratic Republic (Lao PDR), Malaysia, the Republic of the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand and the Socialist Republic of Viet Nam, Member States of the Association of Southeast Asian Nations (ASEAN) (hereinafter referred to collectively as "Contracting Parties" or individually as "Contracting Party");
RECALLING the ASEAN Multilateral Agreement on the Full Liberalisation of Passenger Air Services signed on 12 November 2010 in Bandar Seri Begawan, Brunei Darussalam, its Annexes and its Implementing Protocols (hereinafter referred to as "the Agreement");
RECOGNISING also paragraph 3 of Article I of the Framework Agreement on Enhancing ASEAN Economic Cooperation signed on 28 January 1992 in Singapore, that, in the implementation of economic arrangements, two or more Member States may proceed first if other Member States are not ready to implement these arrangements; and
DESIRING to remove restrictions on air services,
HAVE AGREED AS FOLLOWS:
Article 1 Definitions
For the purposes of this Protocol, the term "co-terminal rights" refers to the right of the designated airline(s) of each Contracting Party to serve two or more points in another Contracting Party on the same routing and shall only be available as part of an international journey.
Article 2 Co-Terminal Rights
The designated airline(s) of each Contracting Party shall be allowed to exercise co-terminal rights, provided that there shall be no exercise of cabotage rights. For the avoidance of doubt, the term "cabotage rights" includes the holding out of air services for sale on purely domestic routes by the designated airline(s) of that Contracting Party.
In addition to operating or holding out the agreed services on the specified route(s), the designated airlines of each Contracting Party shall be allowed to, when exercising co- terminal rights, serve, in addition to the points mentioned in Section 1 of Annex I of the Agreement, any additional points with international airport, within the territory of other Contracting Parties. For the avoidance of doubt, Section 2 of Annex I of the Agreement shall apply to the exercise of co-terminal rights.
For Indonesia, the co-terminal rights shall be exercised between five points: Jakarta, Denpasar, Makassar, Medan and Surabaya.
2
Article 3 Capacity and Frequency
There shall be no limitation on capacity, frequency and aircraft type with regard to the agreed services served under this Protocol exercising co-terminal rights as provided in Article 2 of this Protocol.
Article 4 Final Provisions
This Protocol shall be deposited with the Secretary- General of ASEAN who shall promptly furnish a certified copy thereof to each Contracting Party.
This Protocol is subject to ratification or acceptance by the Contracting Parties. The Instruments of Ratification or Acceptance shall be deposited with the Secretary-General of ASEAN who shall promptly inform each Contracting Party of such deposit.
Notwithstanding paragraph 2 of Article 16 of the Agreement, this Protocol shall enter into force on the date of the deposit of the third (3rd) Instrument of Ratification or Acceptance with the Secretary-General of ASEAN and shall become effective only among the Contracting Parties that have ratified or accepted it. For a Contracting Party depositing its Instrument of Ratification or Acceptance after the date of entry into force of this Protocol, this Protocol shall enter into force for that Contracting Party on the date of its deposit of Instrument of Ratification or Acceptance.
This Protocol shall be added as Protocol 4 to Annex II of the Agreement which shall be amended pursuant to
3
paragraph 2 of Article 16 of the Agreement to read as follows:
ANNEX II
IMPLEMENTING PROTOCOLS
The following Implementing Protocols shall form integral parts of this Agreement:
Protocol t Unlimited Third and Fourth Freedom Traffic Rights Between Any ASEAN Cities;
Protocol 2 Unlimited Fifth Freedom Traffic Rights Between Any ASEAN Cities;
Protocol 3 Domestic Code-Share Rights Between Points Within the Territory of Any Other ASEAN Member State; and
Protocol4 Co-Terminal Rights Between Points Within the Territory of Any Other ASEAN Member State.
IN WITNESS WHEREOF, the undersigned, being duly authorised to sign by their respective Governments, have signed this Protocol.
4
DONE at Bangkok, Thailand, this Ninth Day of November in the Year Two Thousand and Eighteen, in a single original copy in the English Language.
For Brunei Darussalam:
~
DATO ABDUL MUTALIB YUSOF
Minister of Communications
For the Kingdom of Cambodia:
Minister In-Charge State Secretariat of Civil Aviation
For the Republic of Indonesia:
BUDI r Transportation
5
For the Lao People's Democratic Republic:
BOUNCHANH SINTHAVONG
Minister of Public Works and Transport
For Malaysia:
Union Minister for Transport and Communications
For the Republic of the Philippines:
_ P. TUGADE
~c-etary of Transportation
~ 6
For the Republic of Singapore:
KHAW BOON WAN
Coordinating Miniler for Infrastructureand Ministerfor Transport
For the Kingdom of Thailand
ARKHOM TERMPITTAYAPAISITH
Minister of Transport
For the Socialist Republic of Viet ..am
NGUYEN VAN THE
Minister of Transport
7
ASSOCIATION
OF SOUTHEAST NATIONS•ASIAN
The ASEAN Secretariat 70 A JI. Sisingamangaraja Jakarta 12110 Indonesia
CERTIFYING STATEMENT Phone: (62-21) 7262991 (62-21) 724 3372 Fax: (62-21) 739 8234 Protocol 4 on Co-Terminal Rights between Points within the (62-21) 724 3504 Territory of any other ASEAN Member State public@asean.org www.asean.org
I, THE UNDERSIGNED Deputy Secretary-General of ASEAN for Community and Corporate Affairs, hereby certify that the attached text is a true and complete copy of the Protocol 4 on Co-Terminal Rights between Points within the Territory of any other ASEAN Member State signed on 9 November 2018 in Bangkok, Thailand.
Jakarta, 14 November 2018
AKP Mochtan Deputy Secretary-General of ASEAN Community and Corporate Affairs Department The ASEAN Secretariat
one vision one identity one community
Sekretaris Direl<torat Jenderal Hu1<um dan Pefjanjian Inlernasional Kementerian Luar Negeri ReDubfk IncIorol3Sia Secretaryof Directorate General for LegalAffairs and International Trsali6s MJroslryof ForeignMm, R&pubhcOIlndooesia
-!:Ta",ng"",aa",I__ : 15 Februari 2024 Dale