Decree of the Minister for Foreign Affairs No. 113 / 1968 Coll.
Decree of the Minister for Foreign Affairs on the Air Services Agreement between the Czechoslovak Socialist Republic and the Republic of Sudan
Valid
Effective from 12.02.1968
113
DECLARATION
Minister for Foreign Affairs
of 25 April 1968
on the Air Services Agreement between the Czechoslovak Socialist Republic and the Republic of Sudan
On 14 May 1966, the Air Services Agreement between the Czechoslovak Socialist Republic and the Republic of Sudan was signed in Khartoum.
Pursuant to Article XV thereof, the Agreement entered into force on 12 February 1968.
The Czech version of the Agreement is hereby published at the same time.
Dr Hájek v. r.
AGREEMENT
on air services between the Czechoslovak Socialist Republic and the Republic of Sudan
Government of the Czechoslovak Socialist Republic and Government of the Republic of Sudan
led by the desire to promote the development of air transport between their countries and to cooperate as widely as possible in this field, based on the principles and provisions of the Convention on International Civil Aviation, open for signature in Chicago on 7 December 1944, the parties to which both governments are parties,
bearing in mind that each State has full and exclusive sovereignty over its territory; and
Desiring to negotiate an agreement governing the establishment of air services between their territories and through their territories,
they have agreed as follows:
(1) For the purposes of this Agreement, unless there is something else in connection,
(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 the Annexes adopted pursuant to Article 90 of this Convention and any amendments to those Annexes or to the Convention pursuant to Articles 90 and 94 thereof;
(b) the term "aviation authorities" means, as regards Czechoslovakia, the Ministry of Transport - the Aviation Department or persons or bodies authorised to perform the same or similar functions as the Ministry of Transport - the Aviation Department; as regards Sudan, the Minister for Transport or any other person or authority authorised to carry out the same or similar functions currently carried out by that Minister;
(c) the term "designated air undertaking" means an air undertaking which, in accordance with Article III of this Agreement, notifies one of the Contracting Parties in writing to the other Contracting Party as an undertaking which will operate the agreed services on specified lines;
(d) the term "territory," "air services," "international air services," "air undertaking" and "landing for non-commercial purposes" shall have the meaning set out in Articles 2 and 96 of the Convention.
(2) The list of lines attached to this Agreement shall be deemed to be part of the Agreement. Any reference to this Agreement will be, unless the context results from something else, simultaneously by reference to the list of lines.
(1) Each Contracting Party grants to the other Contracting Party the rights set out in this Agreement for the purpose of establishing air services on the routes set out in the relevant section of the attached Route List (hereinafter referred to as "agreed services" and "scheduled lines").
(2) According to the provisions of this Agreement, designated airlines of each Contracting Party shall enjoy the following privileges when operating agreed services on a specified route:
(a) fly without landing through the territory of the other Contracting Party in accordance with the relevant laws and regulations of that other Contracting Party;
(b) to land in that territory for non-commercial purposes; and
(c) land in that territory at the places specified for that route in the Route List annexed to this Agreement for the purpose of unloading and loading of passengers, goods and mail in international transport.
(3) Nothing in paragraph (2) of this Article may be interpreted as giving airlines of one Contracting Party the privilege to receive and transport passengers, goods or mail in the territory of the other Contracting Party for consideration or rent in another place in the territory of that other Contracting Party.
(1) Each Contracting Party will have the right to designate in writing one or more airlines to operate the agreed services on specified routes to the other Contracting Party.
(2) Upon receipt of such designation, the other Contracting Party shall, subject to the provisions of paragraphs (3) and (4) of this Article, issue without delay to a designated air undertaking or designated air undertakings the relevant operating authorisation.
(3) The aviation authority of one Contracting Party may require the designated air undertaking of the other Contracting Party to demonstrate that it is eligible for compliance with the conditions laid down by the laws and regulations which are normally applicable to the operation of international air services in accordance with the provisions of the Convention.
(4) Each Contracting Party shall have the right to refuse the designation of an air undertaking and to refuse or revoke the privileges granted to an air undertaking under the provisions of Article II (2) of this Agreement or to impose on it, in the exercise of those privileges, conditions which it considers necessary unless it is satisfied that a substantial part of the ownership and actual management of that air undertaking belongs to the Contracting Party which designates the air undertaking.
(5) The air carrier designated and authorised may start operating the agreed services at any time after the provisions of paragraphs (1) and (2) of this Article have been complied with, provided that the operation of a particular service does not take place until the tariff fixed for that service under Article VI of this Agreement has been valid.
(6) Each Contracting Party shall have the right to suspend the use of the privileges provided for in paragraph (2) of Article II of this Agreement or to impose on it the conditions for the use of such privileges as it deems necessary, in cases where that undertaking does not comply with the laws and regulations of the Contracting Party providing the privileges or otherwise does not comply with the conditions laid down in this Agreement; it is assumed that the immediate withdrawal of privileges or the imposition of conditions shall take place without consulting the other Contracting Party only if it is necessary to prevent further infringements of laws or regulations.
(7) The provisions of paragraphs (4) and (6) of this Article shall not be applied until it has been notified in advance in writing, stating the reasons therefor, and unless negotiations between the aviation authorities of the two Contracting Parties have led to an agreement no later than 30 days after the date of dispatch of that notification.
(1) With propellants, lubricating oils, spare parts, conventional equipment and on-board supplies which will be imported or taken on board aircraft in the territory of one Contracting Party designated by, or on behalf of, the air carrier of the other Contracting Party and to be used solely by or on designated routes by such aircraft, inspection fees and other similar national or local levies and charges will be treated as follows:
(a) fuel and lubricating oils remaining on board the aircraft when landing at the last airport before departure from that territory shall be exempt from such charges;
(b) propellants and lubricating oils not covered by (a), as well as spare parts, conventional equipment and on-board supplies of aircraft shall be treated no less favourably than similar stocks imported into, or taken on board, that territory for the use of, an aircraft or an aircraft of a foreign air undertaking providing international air services in that territory which benefits from the treatment of the highest advantages.
(2) Such treatment shall be granted by each Contracting Party in addition to and without prejudice to its obligations laid down in Article 24 of the Convention.
(1) Air undertakings of both Contracting Parties will be able to operate the agreed services on specified routes.
(2) When operating the agreed services, the airlines of each of the Contracting Parties shall take into account the interests of the airlines of the other Contracting Party in such a way that they do not interfere in an inappropriate way with the services which they provide in whole or in part on the same routes.
(3) When operating the agreed services, the designated undertakings of the Contracting Parties will consider it their priority task to ensure, with reasonable utilization, transport capacity corresponding to normal and foreseeable public transport requirements between the territory of the Contracting Party which has designated the air undertaking and the countries of final destination of that transport.
(4) Passengers, goods and mail which will be loaded or unloaded at each location on designated lines in the territory of States other than those designated by the airline will be transported in accordance with the general principle that the capacity of such transport will be governed by:
(a) the transport requirements between the country of transport and the country of destination;
(b) the transport requirements in the areas in which the airlines pass, taking into account the transport services provided by State airlines in that area; and
(c) requirements for the operation of flight lines.
(1) The tariffs for any agreed services will be set at an appropriate level, taking due account of all relevant factors including operating costs, reasonable profit, the specificities of the services (e.g. speed and level of care for passengers) and the tariffs of other airlines applicable on any section of the route. These tariffs shall be established in accordance with the following provisions of this Article.
(2) The tariffs referred to in paragraph (1) of this Article, together with the amount of the commission of the agents linked to the tariffs, shall, as far as possible, be agreed for each specified route between the relevant designated airlines after possible consultation with other airlines operating on the whole or part of that route. The tariffs thus agreed shall be subject to the approval of the air authorities of both Contracting Parties.
(3) If designated airlines cannot agree on any of these tariffs or if for other reasons a tariff agreement cannot be reached in accordance with paragraph (2) of this Article, the aviation authorities of the Contracting Parties shall endeavour to establish a tariff by mutual agreement.
(4) If the air authorities fail to assess the approval of a tariff submitted to them pursuant to paragraph (2) of this Article or the fixing of a tariff pursuant to paragraph (3), the dispute shall be settled in accordance with the provisions of Article X of this Agreement.
The designated aeronautical undertaking of one Contracting Party shall have the right to maintain within the territory of the other Contracting Party an adequate number of technical and commercial staff in accordance with the laws and regulations of the Contracting Party in whose territory they are employed.
The aviation authorities shall consult, where necessary, to ensure close cooperation between them on all matters relating to the implementation of this Agreement.
The air authorities of both Contracting Parties shall provide the air authorities of the other Contracting Party, at their request, with such periodic or other information as is necessary to assess the transport capacity provided for the agreed services.
(1) Where a dispute arises between the Contracting Parties concerning the interpretation or implementation of this Agreement, the Contracting Parties shall resolve it by direct negotiation between the aviation authorities or, if the conduct is not successful, by diplomatic means.
(2) If the Parties fail to resolve the dispute by acting in accordance with the provisions of paragraph (1) of this Article within 90 days of the date on which the matter at issue was first referred to the other Party by one Contracting Party, the dispute shall be referred to the arbitration panel, composed of three arbitrators appointed as follows:
(a) each Contracting Party shall designate one arbitrator;
(b) the third arbitrator, which shall be chairman of the Tribunal, shall be designated either by agreement between the two Parties or between the two arbitrators already designated. If the third arbitrator is not so designated within 60 days, both Parties shall request the International Civil Aviation Organisation Council to do so after consultation with both Parties.
(3) The Contracting Parties undertake to comply with a decision taken pursuant to paragraph (2) of this Article.
(1) If one of the Contracting Parties considers it desirable to amend certain provisions of this Agreement, it may request that negotiations be opened between the aviation authorities of the two Contracting Parties; Such action shall take place within 60 days of the submission of the application. Amendments to the Agreement, if agreed between the Contracting Parties, shall enter into force as soon as the Contracting Parties have confirmed in exchange that their respective constitutional provisions have been complied with.
(2) The Contracting Parties undertake to implement the provisional measures agreed between the aviation authorities at the meeting foreseen in paragraph (1) of this Article.
(3) If one of the Contracting Parties or a designated aviation undertaking of one of the Contracting Parties fails to comply with the provisional measures referred to in paragraph (2) of this Article, the other Contracting Party may restrict or revoke the privileges granted under this Agreement or suspend their exercise in relation to a Contracting Party or a designated aviation undertaking which fails to comply with those measures for as long as this condition persists.
In the event that a general multilateral air transport convention is negotiated which would be bound by both Parties, this Agreement shall be amended to comply with this Convention.
Each Contracting Party may at any time notify the other Contracting Party that it wishes to terminate this Agreement. This notification will also be sent to the International Civil Aviation Organisation. If such notification is made, this Agreement shall expire 12 months after the other Contracting Party has accepted it, unless notice is withdrawn by agreement between the two Contracting Parties before the expiry of that period. If the other Contracting Party does not confirm receipt of the statement of statement, it shall be deemed to have received it 14 days after the receipt of the notification by the International Civil Aviation Organisation.
This Agreement and any amendment thereto adopted pursuant to Article XI shall be registered with the International Civil Aviation Organisation.
The provisions of this Agreement shall be applied on a provisional basis as from the date of its signature.
This Agreement shall enter into force as soon as the Contracting Parties have confirmed by exchange of diplomatic notes that it has been ratified or approved in accordance with their respective constitutional requirements.
This Agreement has been signed by the agents of the Contracting Parties duly authorised to do so.
Done at Khartoum, 14 May 1966, in duplicate, each in the Czech, Arabic and English versions, the three texts being equally authentic; in the event of a conflict of interpretation, the English text shall be decisive.
For the Government
Czechoslovak Socialist Republic:
Dr Jaromir Vrla v. r.
For the Government
Republic of Sudan:
Nasr Eddin El Sayed v. r.
LIST OF TRACES
A.
1. Lines operated by designated airline of the Czechoslovak Socialist Republic
| Místa odletu | Mezilehlá místa | Místa na území Súdánské republiky | Místa dále |
|---|---|---|---|
| Praha nebo jiná místa na území Československé socialistické republiky | Káhira | Chartúm | Mogadišo |
| Bejrút | Addis Abeba | ||
| Athény | Džeda | ||
| Sofie | Nairobi | ||
| Bělehrad | Entebbe | ||
| Vídeň | Dar es Salaam | ||
| Budapešť | Leopoldville |
2. Lines operated by designated air undertaking of the Republic of Sudan
| Místa odletu | Mezilehlá místa | Místa na území Československé socialistické republiky | Místa dále |
|---|---|---|---|
| Chartúm nebo jiná místa na území Súdánské republiky | Káhira | Praha | Varšava |
| Bejrút | Moskva | ||
| Athény | Berlín | ||
| Sofie | Frankfurt | ||
| Bělehrad | Amsterodam | ||
| Vídeň | Londýn | ||
| Budapešť | Helsinki |
B.
For some or all of the years identified airlines may, as far as they are concerned, omit all or some of the points on the lines listed in this List of lines and situated on the territory of third States.
C.
The exercise of the fifth freedom traffic rights on the routes specified in this Route List shall be subject to the conditions set out in the Protocol on signature.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 113 / 1968 Coll., on the Agreement on Air Services between the Czechoslovak Socialist Republic and the Republic of Sudan |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.08.1968 |
|---|---|
| Effective from | 12.02.1968 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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