Decree No 109 / 1977 Coll.
Decree of the Minister for Foreign Affairs on the Air Transport Agreement between the Government of the Czechoslovak Socialist Republic and the Government of Portugal
Valid
Effective from 15.03.1977
109
DECLARATION
Minister for Foreign Affairs
of 3 October 1977
on the Air Transport Agreement between the Government of the Czechoslovak Socialist Republic and the Government of Portugal
The Agreement on Air Transport between the Government of the Czechoslovak Socialist Republic and the Government of Portugal was signed in Prague on 15 January 1976. The Agreement entered into force pursuant to Article 20 thereof on 15 March 1977.
The Czech translation of the text of the Agreement is announced simultaneously.
First Deputy Minister:
Krajčir v. r.
AGREEMENT
on air transport between the Government of the Czechoslovak Socialist Republic and the Government of Portugal
Government of the Czechoslovak Socialist Republic and Government of Portugal, hereinafter referred to as the "Contracting Parties,"
being parties to the Convention on International Civil Aviation, open for signature in Chicago on 7 December 1944,
led by the desire to develop mutual relations in the field of air transport,
agree as follows:
For the purposes of this Agreement and its Annexes, unless otherwise specified in the text:
(a) the term "Convention" shall mean the Convention on International Civil Aviation open for signature in Chicago on 7 December 1944 and shall include all Annexes adopted pursuant to Article 90 of this Convention and any amendments to the Annexes or to the Convention pursuant to Articles 90 and 94 thereof, provided that those Annexes and amendments have been adopted by both Contracting Parties;
(b) the term "Aviation Authority" shall mean, as regards the Czechoslovak Socialist Republic, the Federal Ministry of Transport, as regards Portugal, the Ministry of Transport and Communications, or in both cases any other person or authority responsible for carrying out the tasks currently carried out by those authorities;
(c) the term "designated air undertaking" means an air undertaking designated by one Contracting Party by written notification to the other Contracting Party in accordance with Article 3 of this Agreement for the purpose of operating the agreed services on the lines set out in the Annex to this Agreement;
(d) the terms "territory," "air service," "international air service" and "landing for non-commercial purposes" have the meaning set out in Articles 2 and 96 of the Convention;
(e) the term "Annex" shall mean the Annex to this Agreement or its additions made in accordance with the provisions of Article 17 of this Agreement. The Annex shall form an integral part of this Agreement and all appeals to the Agreement shall include an appeal to the Annex, unless otherwise specified.
(1) Each Contracting Party shall grant the other Contracting Party the rights set out in this Agreement in order to enable the establishment of scheduled international air services on the lines set out in the Annex to this Agreement. These services and lines are hereinafter referred to as "agreed services' and" established lines'.
(2) Subject to the provisions of this Agreement and / or its Annexes, the designated aeronautical undertaking of each Contracting Party shall enjoy the following rights when operating the agreed service on a specified route:
(a) fly without landing through the territory of the other Contracting Party;
(b) land in that territory for non-commercial purposes; and
(c) land in that territory at the point or points specified for this route in the Annex for the purpose of unloading and loading passengers, goods and mail in international transport.
(3) The provisions of paragraph 2 of this Article shall not empower a designated air undertaking of one Contracting Party to dispose of passengers, goods or mail in the territory of the other Contracting Party for carriage to another place in the territory of that other Contracting Party for consideration or hire (cabotage).
(1) Each Contracting Party has the right to designate, by written notification to the other Contracting Party, one air undertaking to operate the agreed services on specified lines.
(2) Upon receipt of a written notification, the other Contracting Party shall grant, subject to the provisions of paragraphs 3 and 4 of this Article, the relevant operating authorisation without delay to the designated airline.
(3) The aviation authority of one Contracting Party may require an air undertaking designated by the other Contracting Party to demonstrate its competence to comply with the requirements of the laws and regulations which it normally and reasonably applies in accordance with the provisions of the Convention in the operation of international commercial air services.
(4) Each Contracting Party shall have the right to refuse the granting of an operating authorisation referred to in paragraph 2 of this Article or to impose on a designated air undertaking, in the exercise of the rights set out in Article 2 of this Agreement, such conditions as it deems necessary if that Contracting Party is not satisfied that a substantial part of the ownership and effective control of the air undertaking belongs to the Contracting Party designating the air undertaking or its nationals.
(5) As soon as the airline has been so designated and authorised, the operation of the agreed services may at any time be initiated provided that they have been designed and approved for such services in accordance with the provisions of Articles 14 and 12 of this Agreement by tariffs and timetables.
(1) Each Contracting Party shall have the right to revoke an operating authorisation or to cease the exercise of the rights set out in Article 2 of this Agreement to an air undertaking designated by the other Contracting Party, or to impose conditions which it considers necessary for the use of those rights:
(a) where it is not satisfied that a substantial part of the ownership and effective control of the air undertaking belongs to the Contracting Party which designated it or to the nationals of that Contracting Party;
(b) in the case where the airline does not comply with the laws and regulations of the Contracting Party granting those rights;
(c) where the airline does not otherwise operate under the conditions laid down in this Agreement and its Annex.
(2) If an immediate revocation of operating authorisations or termination of the exercise of rights or the imposition of conditions for the reasons set out in paragraph 1 of this Article is not necessary to prevent further infringements of laws and regulations, that right shall be exercised only after consultation with the other Contracting Party. In that case, the consultation shall take place within 20 (20) days of the date of the request for consultation.
(1) The laws and regulations of one Contracting Party relating to the entry into, exit from, exit from, entry into, and exit from, the territory of an aircraft operating international flights or to the operation and flight of such aircraft shall apply to aircraft of an air undertaking designated by the other Contracting Party.
(2) The laws and regulations of a Contracting Party relating to the entry into, stay or exit of passengers, crews or goods of aircraft, such as entry, exit, immigration, travel documents, customs and health provisions, shall apply to passengers, crew or goods on entry into, exit from, and in the territory of that Contracting Party.
The fees levied by each Contracting Party for the use of aerodromes and other facilities in their respective territories shall not be higher than those generally imposed on aircraft of the same class used for similar international air services.
(1) Aircraft used for the operation of international air services by an air carrier of one Contracting Party, as well as their usual equipment, spare parts, fuel and lubricating oils, aircraft supplies (including food, beverages and tobacco) on board such aircraft shall be exempt from all customs, inspection and other charges or taxes on arrival in the territory of the other Contracting Party provided that such equipment and supplies remain on board the aircraft until they are re-exported.
(2) With the exception of fees corresponding to services performed, they will be exempt from the same benefits and taxes:
(a) the stocks of aircraft taken on board in the territory of each of the Contracting Parties within the limits set by the authorities of that Contracting Party for use on board an aircraft used in the international air service of the other Contracting Party;
(b) spare parts and usual equipment imported into the territory of each of the Contracting Parties for the maintenance or repair of aircraft used in international air services designated by the airline of the other Contracting Party;
(c) fuel and lubricating oil intended to be supplied by an aircraft operating international air services designated by the airline of each of the Contracting Parties, even if used for parts of the journey carried out over the territory of the Contracting Party on which they were taken on board. The material referred to in subparagraphs (a), (b) and (c) may be required to be under customs control or control.
(3) The normal equipment of the aircraft, as well as the material and stocks retained on board an aircraft of one Contracting Party, may be landed in the territory of the other Contracting Party only with the agreement of the customs office of that territory. In such cases, they may be stored under customs supervision until they are re-exported or otherwise disposed of in accordance with customs legislation.
Passengers in direct transit through the territory of a Contracting Party, i.e. the non-leaving part of an airport intended for such transport, shall be subject to simplified control.
Luggage and goods in direct transit shall be exempt from customs and other charges.
(1) Each Contracting Party shall, on the basis of reciprocity addressed to the air undertaking of the other Contracting Party in its territory, grant exemption from all taxes on profits or revenues resulting from the operation of the agreed services.
(2) Transfers of revenue achieved by the designated airline of each Contracting Party in the country of the other Contracting Party shall be made in accordance with the foreign exchange rules applicable in the territory of that Contracting Party in one of the freely convertible currencies. If there is a payment agreement between the two Contracting Parties, the provisions of this Agreement shall apply.
(3) The Contracting Party shall take measures to facilitate the transfer of such revenue to the other country; such transfers shall be carried out without delay.
The designated aeronautical undertaking of each of the Contracting Parties shall have the right to maintain in the territory of the other Contracting Party technical and commercial personnel adequate to the extent of the services performed.
(1) Air undertakings of both Contracting Parties will have proper and equal opportunities to operate agreed services on specified routes between the relevant territories. When operating the agreed services, the air undertaking of each Contracting Party shall take into account the interests of the air undertaking of the other Contracting Party in order to avoid undue influence on the services provided by that air undertaking in whole or in part on the same route.
(2) The total capacity to be secured will be maintained in balance with the transport requirements between the territories of the Contracting Parties and, where possible, equally distributed among designated airlines.
(3) The frequency and capacity of the services to be offered on lines connecting the territories of the two Contracting Parties will be determined and regulated by an agreement between the competent aviation authorities to meet the transport demand, taking into account proposals from designated airlines.
(4) In the case where a designated aeronautical undertaking of one Contracting Party makes use of the traffic rights between the territory of the other Contracting Party and intermediate points and / or points beyond that territory on a specified route, the aviation authorities shall agree among themselves, taking into account proposals from designated airlines, on the capacity to be offered in addition to the capacity established in accordance with paragraph 3, without prejudice to paragraphs 1 and 2 of this Article.
The air undertaking designated by one Contracting Party shall submit to the air authority of the other Contracting Party for approval, at least 30 (30) days in advance, the flight schedule of the agreed services and the general operating conditions; in specific cases, this time limit may be shortened with the agreement of the aviation authorities.
The aeronautical authority of each of the Contracting Parties shall, upon request, provide the air authority of the other Contracting Parties with statistics which may reasonably be required for the purpose of assessing the capacity provided in the agreed services.
(1) The term "tariff" used below means the prices and conditions for their use to be paid for the carriage of passengers, baggage and goods, as well as the charges and conditions for brokering and other ancillary services. does not, however, include fees and conditions for the transport of mail.
(2) The tariffs applied by the airline of one Contracting Party to or from the territory of the other Contracting Party will be set at an appropriate level, taking due account of all relevant factors such as operating costs, reasonable profit and charges of other airlines.
(3) The tariffs referred to in paragraph 2 of this Article will, if possible, be agreed by the designated airlines of the two Contracting Parties in consultation with other airlines operating on the whole or part of the route and, if possible, an agreement will be reached by means of the International Air Carrier Association procedure for this purpose.
(4) The tariffs thus agreed shall be submitted for approval to the air authorities of the Contracting Parties at least 90 (90) days before the proposed date of implementation; in specific cases, this time limit may be shortened with the agreement of the aviation authorities.
(5) Such consent may be given explicitly. In the event that no air authority notifies disagreement within 30 (30) days of the date of submission of the tariffs referred to in paragraph 4 of this Article, the tariffs shall be deemed to have been approved. If the time limit for submission is reduced in accordance with paragraph 4 of this Article, the aviation authorities may agree a period of less than thirty (30) days during which the disagreement must be notified.
(6) If the tariffs cannot be agreed in accordance with paragraph 3 of this Article, or if, within the time limit laid down in paragraph 5 of this Article, the air authority of one Contracting Party sends the air authority of the other Contracting Party a notification of its disagreement with the tariffs agreed in accordance with paragraph 3 of this Article, the air authorities of the Contracting Parties shall endeavour to determine the tariffs by agreement between themselves.
(7) If the air authorities are unable to agree on the approval of the tariff submitted to them pursuant to paragraph 4 of this Article and its designation pursuant to paragraph 6 of this Article, the dispute shall be settled in accordance with the provisions of Article 16 of this Agreement.
(8) The tariffs agreed in accordance with the provisions of this Article will be valid until new tariffs are negotiated. However, the validity of the tariff may not be extended by more than 12 (12) months under this paragraph on the date on which the tariff would otherwise have expired.
In a spirit of close cooperation, the aviation authorities of both Contracting Parties shall consult as necessary on the interpretation and satisfactory implementation of the provisions of this Agreement and its Annexes.
Any dispute concerning the interpretation or implementation of this Agreement or its Annexes shall be settled by direct negotiation between the aviation authorities of both Parties. If no agreement is reached between these aviation authorities, the dispute shall be settled by diplomatic means.
(1) If one of the Contracting Parties considers it desirable to amend any provisions of this Agreement, it may request the other Contracting Party to act. Such negotiations as may be carried out between the aviation authorities, either by direct negotiation or in writing, shall take place within 60 (60) days of the date of application. The amendments thus agreed shall enter into force as soon as they are confirmed by exchange of diplomatic notes.
(2) Amendments to the Annex to this Agreement may be made provisionally from a date agreed by the aviation authorities and enter into force upon their confirmation by exchange of diplomatic notes.
(3) If the General Multilateral Convention on scheduled international air services enters into force with regard to both Parties, this Agreement and its Annex shall be adapted to comply with the provisions of such a multilateral Convention.
This Agreement and its Annex and any amendment thereto pursuant to Article 17 shall be registered with the International Civil Aviation Organisation.
Each Contracting Party may at any time notify the other Contracting Party of its decision to terminate this Agreement. A copy of the statement will also be sent to the International Civil Aviation Organisation. If such termination has been given, this Agreement shall expire 12 (12) months after the date on which the other Contracting Party has received the denunciation, unless the denunciation between the Contracting Parties is terminated by mutual agreement before the expiry of that period. If the receipt of the statement is not confirmed by the other Party, the statement shall be deemed to have been received 14 (14) days after the receipt of the copy by the International Civil Aviation Organisation.
(1) Each Contracting Party shall notify in writing to the other Party the approval of this Agreement in accordance with its national rules. The Agreement shall enter into force as from the date of the last of these written notifications.
(2) The Agreement will be provisionally implemented from the date of signature. Such provisional implementation shall not take more than six (6) months, unless otherwise agreed by both Parties.
Dane in Prague on 15 January 1976 in two copies in English.
To prove this, the agents of the Contracting Parties signed this Agreement and sealed it.
For the Government
Czechoslovak Socialist Republic:
Ing. Bohuslav Chubek v. r.
For the Government
Portugal:
Mr Ernesto Melo Antunes v. r.
ANNEX
to the Air Transport Agreement between the Government of the Czechoslovak Socialist Republic and the Government of Portugal
1. An airline designated by the Government of Portugal may operate scheduled air services on the following routes in both directions:
Points in Portugal - intermediate points - Prague - points behind Prague.
2. An airline designated by the Government of the Czechoslovak Socialist Republic may operate scheduled air services on the following route in both directions:
Points in Czechoslovakia - intermediate points - Lisbon - points behind Lisbon.
3. When operating the route specified in the above paragraph, the designated Portuguese airline shall be entitled to:
(a) to land passengers, goods and mail loaded in Portugal in the territory of the Czechoslovak Socialist Republic;
(b) to dispose of passengers, goods and mail intended for the territory of Portugal in the territory of the Czechoslovak Socialist Republic;
(c) omit one or more intermediate points, excluding point (s) in Portuguese territory, provided that the omission has been published in advance in the timetables.
4. When operating the line specified in paragraph 2 above, the designated Czechoslovak airline shall be entitled:
(a) to land in Portugal passengers, goods and mail loaded in the territory of the Czechoslovak Socialist Republic;
(b) to dispose of passengers, goods and mail intended for the territory of the Czechoslovak Socialist Republic in Portugal;
(c) omit one or more intermediate points, except for a point or points in the Czechoslovak territory, provided that the omission has been published in advance in the timetables.
The designated air undertaking of one Contracting Party may have the right to load or land in the territory of the other Contracting Party in the international carriage of passengers, goods and mail intended for points or coming from intermediate points on the lines set out in Section I.
The exercise of such a right shall be subject to an agreement between the aviation authorities of the two Contracting Parties, which shall take into account proposals from designated airlines.
The designated air undertaking of one Contracting Party may have the right to load or land in the territory of the other Contracting Party in the international carriage of passengers, goods and mail intended for points or coming from points beyond the said territory on the lines set out in Section I.
The exercise of such a right shall be subject to an agreement between the aviation authorities of the two Contracting Parties, which shall take into account proposals from designated airlines.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 109 / 1977 Coll., on the Air Transport Agreement between the Government of the Czechoslovak Socialist Republic and the Government of Portugal |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.12.1977 |
|---|---|
| Effective from | 15.03.1977 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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