Decree of the Minister for Foreign Affairs No. 111 / 1970 Coll.

Decree of the Minister for Foreign Affairs on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of Sierra Leone on Air Transport

Valid Effective from 06.02.1970
111
DECLARATION
Minister for Foreign Affairs
of 28 October 1970
on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of Sierra Leone on Air Transport
On 15 August 1969 the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of Sierra Leone on Air Transport was signed in Prague.
Pursuant to Article 17 thereof, the Agreement entered into force on 6 February 1970.
The Czech version of the Agreement is hereby published at the same time.
First Deputy Minister:
Ing. Kurka v. r.
AGREEMENT
between the Government of the Czechoslovak Socialist Republic and the Government of Sierra Leone on air transport
Government of the Czechoslovak Socialist Republic and Government of Sierra Leone
being Contracting Parties to the Convention on International Civil Aviation, opened for signature in Chicago on 7 December 1944,
and led by the desire to conclude an agreement to develop relations in air transport between the Czechoslovak Socialist Republic and Sierra Leone
agree as follows:
For the purposes of this Agreement, unless the context requires otherwise:
(a) "Convention" shall mean the Convention on International Civil Aviation, open for signature in Chicago on 7 December 1944, and shall include all the Annexes adopted pursuant to Article 90 of this Convention and all the Appendices to the Annexes or to the Convention referred to in Articles 90 and 94 thereof, provided that those Annexes and Appendices have been adopted by both Parties;
(b) "aviation authority" shall mean, as regards the Czechoslovak Socialist Republic, the Federal Committee on Transport, Civil Aviation Administration and another person or body responsible for carrying out such or similar tasks, currently carried out by the Federal Committee on Transport, Civil Aviation Administration, as regards Sierra Leone, the Minister for Transport and Communications or by another person or body responsible for carrying out such or similar tasks, currently carried out by the Minister for Transport and Communications;
(c) "designated air undertaking" means an air undertaking which has been designated and entrusted in accordance with Article 3 of this Agreement;
(d) "territory" means the territory of a State on land and its territorial waters under its sovereignty;
(e) "air services," "international air services," "air undertaking" and "landing for non-commercial purposes" shall have the meaning assigned to them by Article 96 of the Convention;
(f) "agreed services" and "specified lines" shall mean international air services and lines as set out in the Annex to this Agreement.
1. Each Contracting Party shall grant the rights set out in this Agreement to the other Contracting Party for the purpose of establishing scheduled international air services on specified lines listed in the relevant section of the Annexes to this Agreement. Air undertakings designated by each Contracting Party shall enjoy the following rights when performing agreed services on specified lines:
(a) fly without landing through the territory of the other Contracting Party;
(b) land on this territory for non-commercial purposes;
(c) land in this territory at the places designated for this route in the Annex to this Agreement, for the purpose of unloading and loading, in international transport, passengers, goods and mail.
2. Nothing in paragraph 1 of this Article shall be construed as conferring rights on airlines of one Contracting Party to dispose of passengers, goods and mail transported for hire or hire in the territory of the other Contracting Party and intended for another place in the territory of that other Contracting Party.
3. Such air services may be started immediately or at a later date, at the request of the Contracting Party granting these rights.
1. Each Contracting Party shall have 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 such designation, the other Contracting Party shall, without delay, grant the relevant operating authorisation to the designated airline, subject to the provisions of Article 4.
3. The air authority of one Contracting Party may require the designated air undertaking of the other Contracting Party to demonstrate that it is competent to fulfil the conditions laid down in the laws and regulations normally applicable to the operation of international air services.
1. Each Contracting Party reserves the right to refuse and revoke an authorisation or to impose conditions in an authorisation issued to an air undertaking designated by the other Contracting Party pursuant to Article 3 of this Agreement
(a) in the event that the airline does not demonstrate its competence to the aviation authorities of that Contracting Party under the laws and regulations which those authorities normally and appropriately apply;
(b) in the event that the airline does not comply with the laws and regulations referred to in Article 5 of this Agreement;
(c) where it is not convinced that a substantial part of the ownership and effective control of an air undertaking belongs to a Contracting Party designating an air undertaking or its nationals or, in the case of a consortium of airlines, to the Government or nationals of the States whose airlines form that consortium; as regards the consortium, the reservation that there are valid air transport agreements applicable to the air service concerned between the Contracting Party from which the operating authorisation is required and each State whose air undertakings form a consortium shall apply.
2. If no immediate refusal or withdrawal of an authorisation issued to an airline designated by the other Contracting Party is necessary to prevent further violations of the laws and regulations referred to in Article 5 of this Agreement, the right to refuse or revoke the authorisation shall be used only after negotiations with the other Contracting Party.
1. The laws and regulations of each Contracting Party relating to the entry into, or the exit from, or the operation and flight of aircraft operating international flights on its territory shall apply to aircraft of an air undertaking designated by the other Contracting Party and shall be complied with when entering, leaving and operating in the territory of that Contracting Party.
2. The laws and regulations of each Contracting Party relating to the entry into or exit from its territory of passengers, crews, cargo of aircraft, including entry, exit, travel documents, customs duties and health regulations, shall be complied with when entering, exit and residence in the territory of that Contracting Party.
1. Each Contracting Party shall exempt the designated air undertaking of the other Contracting Party from all customs and other charges and charges in respect of aircraft and their usual equipment, fuel, lubricating oil, consumable technical supplies and other supplies, spare parts including engines, recruitment commercial materials to be used or used solely in connection with the operation of aircraft operations or the operation of agreed services of the designated air undertaking of the other Contracting Party.
2. The exemption granted under this Article shall apply to the cases referred to in paragraph 1 of this Article where:
(a) imported into the territory of one Contracting Party by a designated aviation undertaking of the other Contracting Party or by its nationals;
(b) kept on board an aircraft of a designated air undertaking of one Contracting Party when arriving in and leaving the territory of the other Contracting Party;
(c) taken on board an aircraft of a designated air undertaking of one Contracting Party in the territory of the other Contracting Party;
whether the material will be used or consumed in flight in the territory of the Party which granted the exemption, unless it is disposed of in that territory.
3. The material referred to in paragraph 1 may be required to be subject to customs supervision or control.
The fees for the use of airports and other facilities within the territory of each Contracting Party shall be levied at rates set by its competent authorities.
1. Transfers of revenue by the designated airline of each Contracting Party to the territory of the other Contracting Party shall be made in accordance with the applicable foreign exchange rules of that Contracting Party and at an official exchange rate in one of the freely convertible currencies.
2. The Contracting Parties shall facilitate transfers of such amounts to the other country; such transfers shall be carried out without delay.
1. The capacity to be provided by the designated airlines of the Contracting Parties in the agreed services will be closely dependent on the estimated transport demand between the territories of the two Contracting Parties. The frequency and timetables of the services to be operated by these undertakings shall be agreed between the airlines on a level playing field and shall be subject to approval by the aviation authorities of the two Contracting Parties.
2. At the request of either Party, the aeronautical authorities of both Contracting Parties shall exchange such statistical data as may reasonably be required for the purposes of assessing the capacity provided in the agreed services.
1. The tariffs applicable to the agreed services will be agreed between the designated undertakings at an appropriate level, taking into account all relevant circumstances, including operating costs, reasonable profit and charges of other airlines on the same routes.
2. Tariffs shall be subject to the approval of the air authorities of the Contracting Parties.
3. If an agreement on tariffs cannot be reached, such dispute shall be settled in accordance with the provisions of Article 14 of this Agreement.
4. Tariffs established in accordance with the provisions of this Article shall remain in force unless new tariffs are established in accordance with the provisions of this Article.
In accordance with the relevant provisions in force in each Contracting Party, the designated aeronautical undertaking of one of the Contracting Parties shall have the right to maintain in the territory of the other Contracting Party the technical, commercial and administrative staff necessary for carrying out the air services referred to in the Annex to this Agreement, as well as to establish and maintain an office.
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.
1. If one Contracting Party considers it desirable to amend any provision of this Agreement, it may request a hearing with the other Contracting Party. 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 the Agreement may be provisionally implemented in agreement between the air authorities of the Contracting Parties and enter into force as soon as they are confirmed by exchange of diplomatic notes.
1. 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.
2. If the Contracting Parties fail to reach a solution to the negotiations, they may agree to refer the dispute to a person or authority; If they do not agree in this way, the dispute shall be referred to the arbitration panel of three arbitrators, each of which shall be appointed by each Party and the third arbitrator shall be designated by the two arbitrators selected. Each Contracting Party shall appoint an arbitrator within 60 (60) days of the date on which one Contracting Party has received a diplomatic notification from the other Contracting Party with a request for dispute resolution by such arbitration tribunal and the third arbitrator shall be appointed during the next 60 (60) days. If one of the Contracting Parties does not appoint an arbitrator within the specified time limit, or if a third arbitrator is not appointed within the specified time limit, one of the Contracting Parties may request the Chairman of the Council of the International Civil Aviation Organisation to appoint an arbitrator or arbitrators as required by the case, the third arbitrator being a member of a third State and acting as President of the Tribunal.
3. The Contracting Parties shall submit to any decision taken pursuant to paragraph 2 of this Article.
4. The costs of arbitration shall be borne by the Contracting Parties equally.
Each Contracting Party may at any time notify the other Contracting Party of its intention to terminate this Agreement. Such notification shall be communicated simultaneously to the International Civil Aviation Organisation. In such a case, this Agreement shall expire one year after the date of receipt of the notification by the other Contracting Party, unless the notice is withdrawn by mutual agreement before the expiry of that period. If the other Contracting Party does not confirm receipt of such notification, it shall be deemed to have been accepted 14 (14) days after such notification was received by the International Civil Aviation Organisation.
This Agreement and any amendment thereto pursuant to Article 13 shall be registered with the International Civil Aviation Organisation.
Each Contracting Party shall notify the other Party in writing of the approval of this Agreement in accordance with its national rules. This Agreement shall enter into force from the date of the adoption of the last of these written notifications.
This Agreement shall be provisionally implemented from the date of signature.
Dane in Prague on the 15th of August a thousand nine hundred sixty-nine in two copies, each in Czech and English, both texts equally valid.
This Agreement has been signed and sealed by the agents of the Contracting Parties to this Agreement in evidence of this.
For the Government
Czechoslovak Socialist Republic:
Dr. F. Řehák v. r.
For the Government
Sierra Leone:
A. S. Forna v. r.

ANNEX

Routes operated by an airline of the Czechoslovak Socialist Republic
Body
v Československu
Mezilehlé
body
Body
v Sierra Leone
Body za
Praha Curych Freetown 4 body v Jižní Americe
Bratislava Alžír
bod v Maroku
Dakar
Konakry
Note: Fifth freedom is not granted on the Cuhry- Freetown and v. v., unless the aviation authorities agree otherwise.

Lines operated by Sierra Leone
Body
v Sierra Leone
Mezilehlé
body
Body
v Československu
Body za
Freetown Konakry Praha 4 body v Evropě
Dakar Bratislava
bod v Maroku
Alžír
Remarks 1. The designated airline of the Czechoslovak Socialist Republic and the designated airline Sierra Leone may omit any or any of the points on the designated lines mentioned in Sections I and II of the Annexes and may be omitted at any or all years.
2. The designated airline of the Czechoslovak Socialist Republic and Sierra Leone have the right to terminate their services in the territory of the other Contracting Party.
(3) The points for which I and II of the Annexes are given shall be determined by agreement between the aviation authorities.

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Regulation Information

CitationDecree of the Minister of Foreign Affairs No. 111 / 1970 Coll., on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of Sierra Leone on Air Transport
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation08.12.1970
Effective from06.02.1970
Effective until-
Status Valid
The regulation text is for informational purposes only.
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