民航总局、商务部、国家发展和改革委员会令第139号
(Promulgated1 by the Civil Aviation Administration of China, Ministry2 of Commerce and National Development and Reform Commission on 24 January 2005 and effective as of 24 February 2005.)
颁布日期:20050124 实施日期:20050224 颁布单位:民航总局、 商务部、 国家发展和改革委员会
The following supplementary3 provisions for the Foreign Investment in Civil Aviation Provisions (Civil Aviation Administration of China, the Ministry of Foreign Trade and Economic Cooperation and the State Development Planning Commission Order No. 110) are hereby formulated4 in accordance with the Supplementary Agreement to the and the Supplementary Protocol5 to the , in order to promote the development of economic and trade relationship between the mainland and Hong Kong and Macao and to encourage Hong Kong and Macao service providers to provide airport management services and airport ground services:
1. Hong Kong and Macao service providers are permitted to provide entrusted6 management services for small and medium airports in the form of cooperative or equity7 joint8 ventures or wholly-owned enterprises. The term of validity of contracts may not exceed 20 years.
2. Hong Kong and Macao service providers are permitted to provide airport management training and consultancy services in the form of cooperative or equity joint ventures or wholly-owned enterprises.
3. Hong Kong and Macao service providers are permitted to provide seven types of air transport ground services, namely agency services; services of loading and unloading control, and communication and departure control system; unit load equipment management services; passenger and baggage services; cargo9 and mail services; parking apron10 services; and aircraft services, in the form of equity joint ventures or wholly-owned enterprises in the mainland.
4. “Hong Kong and Macao service providers” specified11 in these Provisions shall satisfy the definition of “service provider” and the requirements of the relevant provisions in the Mainland/Hong Kong Closer Economic Partnership12 Arrangement and the Mainland/Macao Closer Economic Partnership Arrangement respectively.
Hong Kong and Macao service providers that provide air transport ground services shall have obtained the professional licence in Hong Kong or Macao for engaging in air transport ground services, and have engaged in substantial commercial operation for five years or more.
If a Macao service provider that provides airport management services is an affiliated13 enterprise of an airline company, it shall also be subject to the relevant laws, regulations and rules of the mainland.
5. Other provisions on investment in civil aviation in the mainland by Hong Kong and Macao service providers shall still be implemented14 according to the Foreign Investment in Civil Aviation Provisions.
6. The Civil Aviation Administration of China, PRC Ministry of Commerce and National Development and Reform Commission shall be responsible for interpreting these Supplementary Provisions ex officio.
7. These Supplementary Provisions shall be implemented as of 24 February 2005.