Communication from the Ministry of Foreign Affairs No. 116 / 1993 Coll.
Communication from the Ministry of Foreign Affairs on the negotiation of the Air Transport Agreement between the Government of the Czech and Slovak Federal Republic and the Government of the United Arab Emirates
Valid
Effective from 21.06.1992
116
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs states that the Agreement on Air Transport between the Government of the Czech and Slovak Federal Republic and the Government of the United Arab Emirates was signed in Prague on 23 October 1991.
The Agreement entered into force on 21 June 1992 pursuant to Article 21 (1) thereof.
The Czech version of the Agreement is hereby published at the same time. The English version of the Agreement, which is relevant for its interpretation, can be consulted at the Ministry of Foreign Affairs and the Ministry of Transport.
AGREEMENT
on air transport between the Government of the Czech and Slovak Federal Republic and the Government of the United Arab Emirates
In order to establish air services between and beyond their territories,
Government of the Czech and Slovak Federal Republic and Government of the United Arab Emirates,
being parties to the Convention on International Civil Aviation, opened for signature in Chicago on 7 December 1944; and
Wishing to conclude the Agreement, supplementing the abovementioned Convention, in order to establish air services between and beyond their territories,
agree as follows:
Definition of terms
For the purposes of this Agreement, unless otherwise specified in the text:
1. The term "Convention" shall mean the Convention on International Civil Aviation open for signature in Chicago on 7 December 1944 and shall include any Annex adopted pursuant to Article 90 of this Convention and any amendment 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.
2. The term "air authorities" means, in the case of the Czech and Slovak Federal Republic, the Federal Ministry of Transport and any person or body responsible for carrying out any functions currently carried out by the Federal Ministry of Transport, the United Arab Emirates of the Minister of Transport and Communications and any person or body responsible for carrying out any functions currently carried out by that Minister in respect of this Agreement.
3. The term "designated airline 'means an air undertaking or an air undertaking designated and entrusted in accordance with Article 4 of this Agreement.
4. the term "territory" shall have the meaning set out in Article 2 of the Convention.
5. The terms "air transport service," "international air transport service," "air undertaking" and "non-commercial landing" shall have the meanings set out in Article 96 of the Convention.
6. The Annex to this Agreement shall be deemed to be part of the Agreement and any references thereto shall include a reference to the Annex, unless expressly provided otherwise.
Application of the Chicago Convention
The provisions of this Agreement shall be subject to the provisions of the Convention where those provisions are applicable to international air transport services.
Provision of transport rights
1. Each Contracting Party shall grant the other Contracting Party the following rights for its scheduled international air transport services:
(a) the right to fly without landing through its territory;
(b) the right to land in its territory for non-commercial purposes.
2. Each Contracting Party shall grant to the other Contracting Party the rights set out in this Agreement in order to establish regular international air transport services on the routes specified in the relevant section of the List of Lines annexed to this Agreement. Such services and lines are hereinafter referred to as "agreed services' and" specified lines'.
When operating an agreed service on a specified route, an airline designated by each Contracting Party shall, in addition to the rights referred to in paragraph 1 of this Article, enjoy the right to land in the territory of the other Contracting Party at the points specified for that route in the List of Lines to this Agreement for the purpose of loading and unloading of passengers, cargo and mail together or separately.
3. The provisions of paragraph 2 of this Article shall not empower a designated air undertaking of one Contracting Party to dispose of passengers, cargo and mail in the territory of the other Contracting Party to transport to another place in the territory of that other Contracting Party for rent or remuneration.
Identification of airlines
1. Each Contracting Party shall have the right to designate by written notification to the other Contracting Party one or more airlines to operate the agreed services on specified lines.
2. Upon receipt of such notification, the other Contracting Party, subject to the provisions of paragraphs 3 and 4 of this Article, shall, without delay, grant the designated aeronautical undertaking an appropriate operating authorisation.
3. The Air Authority of one Contracting Party may require an air undertaking designated by the other Contracting Party to demonstrate its ability to comply with the conditions laid down by the laws and regulations which those authorities normally and appropriately apply for the operation of international air transport services in accordance with the provisions of the Convention.
4. Each Contracting Party shall have the right to refuse to grant the operating authorisation referred to in paragraph 2 of this Article or to impose on the designated air undertaking, in exercising the rights set out in Article 3 of this Agreement, such conditions as it deems necessary in any case where 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 be initiated at any time, provided that the tariff (s) set out in accordance with Article 11 of this Agreement are in force for such services.
Revocation or suspension of an operating authorisation
1. Each Contracting Party shall have the right to revoke or suspend the exercise of the rights set out in Article 3 of this Agreement to an air undertaking designated by the other Contracting Party, or to impose on the use of such rights such conditions as it considers necessary in the following cases:
(a) where it is not satisfied 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;
(b) in the case where the airline does not comply with the laws or regulations of the Contracting Party which provides those rights;
(c) in the event that the airline does not otherwise operate under the conditions laid down in this Agreement.
2. If the immediate revocation, suspension or imposition of the conditions referred to in paragraph 1 of this Article is not necessary to prevent further infringements of laws or regulations, that right shall be exercised only after consultation with the other Contracting Party.
Exemption from customs and other duties
1. Aircraft operated in international air transport services by a designated air carrier of a Contracting Party as well as their usual equipment, spare parts, fuel and oil supplies as well as aircraft (including food, beverages and tobacco) on board such aircraft shall be exempt from all customs duties, inspection fees and other similar charges when arriving in the territory of the other Contracting Party, provided that such equipment and supplies remain on board the aircraft until they are re-exported or used on board the aircraft on the part of the journey operated through that territory.
2. The same taxes, levies and charges shall also be exempt, with the exception of charges corresponding to the services performed:
(a) the stocks of aircraft taken on board before departure to the territory of a Contracting Party within the limits set by the authorities of that Contracting Party and for use on board an aircraft carrying out international air transport services of the other Contracting Party;
(b) spare parts imported into the territory of a Contracting Party for the maintenance or repair of aircraft used in international air transport services by air undertakings of the other Contracting Party;
(c) fuel and oils delivered to the territory of a Contracting Party for the departure of an aircraft of a designated air undertaking of the other Contracting Party used in an international air transport service, even if those supplies are to be used for parts of a journey operated through the territory of the other 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 installation of the aircraft as well as the materials and supplies carried 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 Contracting Party. In such cases, they may be placed under customs supervision until they are exported or otherwise disposed of in accordance with customs legislation.
4. Any charges which may be imposed or allowed to be imposed by a Contracting Party using aerodromes and air navigation equipment by aircraft of the other Contracting Party shall not be higher than those which would be paid by its national or other State aircraft when operating scheduled international air transport services.
Application of national laws
1. The laws and regulations of the Contracting Party relating to the entry or exit from its territory of passengers, crew, cargo and mail of aircraft, such as entry, check-in, arrival, travel documents, customs, currency, health and quarantine shall be complied with directly or on behalf of passengers, crew, cargo and mail on entry or exit or stay in the territory of that Party.
(2) The laws and regulations of a Contracting Party governing the entry into, or exit from, its territory of aircraft operating international flights or governing the operation and navigation of such aircraft in the territory of the other Contracting Party shall be binding.
3. The competent authorities of the Contracting Party shall have the right, without undue delay, to inspect the aircraft of the other Contracting Party on landing or departure and to check the certificates and other documents prescribed by the Convention.
Principles governing the operation of agreed services
1. The designated airlines of each Contracting Party will have proper and equal opportunities to operate the agreed services on specified routes between their respective territories.
2. When operating the agreed services, the air undertakings of each Contracting Party shall take into account the interests of the airlines of the other Contracting Party in such a way as to avoid any undue influence on the services which they provide on wholly or partly identical routes.
3. The agreed services provided by the designated airlines of the Contracting Parties will, in close relation to public transport requirements on designated routes and their priority objective, be to provide, with reasonable utilization, a capacity corresponding to normal and reasonably expected passenger, cargo and mail requirements from or for the territory of the Contracting Party designated by the airline. The provisions for the carriage of passengers, freight and mail, loaded and unloaded on specified lines, in places which are in the territory of States other than the State designated by the airline, shall be granted in accordance with the general principles according to which capacity will be in relation to:
(a) the transport requirements in and out of the territory of the Contracting Party which has designated the air undertaking;
(b) the transport requirements of the area covered by the agreed service, taking into account the air services introduced by the airlines of other States in that area; and
(c) the air traffic requirements of air undertakings.
Provisions on operational information
1. The designated aeronautical undertaking of the Contracting Party shall, for approval to the air authorities of the other Contracting Party, submit, as far as practicable, flight schedules, including information on the type of aircraft to be used, to the air authorities of the other Contracting Party for as long as possible prior to the start of the agreed services.
2. The requirements of this Article shall also apply to any change concerning agreed services.
Civil aviation security
1. The Contracting Parties agree to provide each other with maximum assistance to prevent the abduction and sabotage of civil aviation safety or of airports and air navigation equipment and to comply with the provisions of the Convention on the Penal and certain other acts committed on board an aircraft, signed in Tokyo on 14 September 1963, the Convention on the Suppression of Illegal Authorisation for Aircraft, signed in The Hague on 16 December 1970 and the Convention on the Suppression of Illicit Acts on Civil Aviation Security, signed in Montreal on 23 September 1971.
2. The two Parties shall comply with the provisions on civil aviation security developed by the International Civil Aviation Organisation. Where incidents or threats of abduction or sabotage occur against aircraft, airports or air navigation equipment, the Contracting Parties shall assist each other by facilitating the transmission of reports of measures aimed at the prompt and secure termination of such incidents or threats.
3. Each Contracting Party shall, with understanding, consider any request from the other Contracting Party for appropriate specific security measures to address an individual threat.
Tariffs
1. In the following paragraphs, the term "tariff 'means the prices to be paid for the carriage of passengers and cargo and the conditions under which those prices are used, together with the prices and conditions for agent and other ancillary services, but does not include charges and conditions for the transport of mail.
2. The tariffs to be used by airlines of one Contracting Party for transport to or from the territory of the other Contracting Party shall be set at a reasonable level, taking due account of all relevant factors including operating costs, reasonable profit and charges of other airlines.
3. The tariffs referred to in paragraph 2 of this Article shall be agreed, as far as possible, by the relevant designated airlines of the two Contracting Parties in consultation with other airlines operating on the whole or part of the route, and an agreement shall be reached, where possible, using the procedures of the International Tariff Association.
4. The tariffs thus agreed shall be submitted for approval to the aviation authorities of the two Contracting Parties at least 90 (90) days before the proposed date of implementation. In special cases, this period may be shortened in accordance with the agreement of those authorities.
5. The consent may be given explicitly; if no Contracting Party has expressed its opposition within 30 (30) days of the date of submission, in accordance with paragraph 4 of this Article, these tariffs shall be deemed to have been approved. Where the submission period referred to in paragraph 4 is reduced, the aviation authorities may agree that the period in which any disagreement must be notified shall be less than 30 (30) days.
6. If a tariff cannot be agreed in accordance with paragraph 3 of this Article, or if, during a period determined in accordance with paragraph 5 of this Article, one aviation authority notifies the other aviation authority of its disagreement with the tariff agreed in accordance with the provisions of paragraph 3 of this Article, the aviation authorities of both Contracting Parties, after consulting the aviation authorities of any other State whose advice they consider useful, shall endeavour to establish a tariff by mutual agreement.
7. If the air authorities cannot agree to any tariff submitted to them pursuant to paragraph 4 of this Article or to any tariff provided for in paragraph 6 of this Article, the dispute shall be settled in accordance with the provisions of Article 16 of this Agreement.
8. The tariff fixed in accordance with the provisions of this Article shall remain in force until a new tariff is fixed. However, the tariff shall not be extended under this paragraph by more than 12 months after the date on which it would otherwise expire.
Provisions on statistics
At the request of the air authority of the other Contracting Party, the air authority of the Contracting Party shall provide such periodic or other statistical data, which may reasonably be required for the purpose of examining the capacity provided for the agreed services by the designated air undertakings of the Contracting Party referred to first in this Article. Such data shall include all necessary information to determine the volume of shipments carried by these airlines to the agreed services and destinations of origin and to determine those shipments.
Transfer of revenue
Each Contracting Party shall grant the designated air undertaking (s) of the other Contracting Party, on the basis of reciprocity, the right to transfer the surplus of revenue over expenditure obtained in the territory of the Contracting Party concerned in any freely convertible currency. Such transfers shall, however, be made in accordance with the foreign exchange rules of the Contracting Party in whose territory the income is generated. Such transfer shall be made on the basis of official exchange rates or, when the official exchange rate is not fixed, on the basis of the exchange rate prevailing on the market used for normal payments.
Commercial activity
The designated aeronautical undertaking of one Contracting Party shall have the right, in accordance with the legislation of the other Contracting Party, to maintain within its territory, in the places specified in the Annex, representation and commercial, administrative and technical staff corresponding to the scope of the services performed.
Consultation
1. In the spirit of close cooperation, the aviation authorities of the Contracting Parties shall consult each other from time to time in order to ensure implementation and satisfactory compliance with the provisions of this Agreement and the attached List of Lines and, where necessary, consult on their adaptations.
2. Each Contracting Party may request consultations which may be either oral or written and shall start within 60 (60) days of the date of receipt of the request unless both Parties agree to extend or shorten that period.
Dispute settlement
Any dispute concerning the interpretation or implementation of this Agreement or its Annex shall be dealt with by the air authorities of the Contracting Parties by direct negotiation or by any other mutually agreed means. If the dispute is not resolved in this way, it will be referred for resolution by diplomatic channels.
Amendment
1. If one of the Contracting Parties wishes to amend any provision of this Agreement, including the attached List of Lines, it shall be implemented after consultation in accordance with Article 15 of this Agreement.
2. Where the amendment relates to the provisions of the Agreement other than those contained in the attached List of Lines, the amendment shall be approved by each Party in accordance with its constitutional procedures and shall enter into force on the date of the exchange of notes by diplomatic means.
3. Where the change relates only to the provisions of the attached Line List, it shall be agreed between the aviation authorities of the two Contracting Parties and shall be valid from the date of approval by the aviation authorities.
Multilateral conventions
This Agreement and its Annexes shall be adapted to comply with any multilateral convention which may become binding on both Parties.
Registration with the International Civil Aviation Organisation
This Agreement and any other amendments will be registered with the International Civil Aviation Organisation.
Termination
Each Contracting Party may at any time notify the other Contracting Party of its decision to terminate this Agreement; the notification will also be sent to the International Civil Aviation Organisation. In such a case, this Agreement shall expire 12 (12) months after the date of receipt of the notification by the other Contracting Party, unless such termination notice is withdrawn by agreement before the expiry of that period. In the absence of confirmation of receipt by the other Party, the notification shall be deemed to have been received 14 (14) days after receipt of this notification by the International Civil Aviation Organisation.
Date of entry into force
This Agreement shall be approved in accordance with the constitutional requirements of each Contracting Party and shall enter into force on the date of the exchange of diplomatic notes between the Contracting Parties.
This Agreement shall be drawn up in duplicate in the Czech, Arabic and English languages, each text being equally authentic and each Party shall retain one copy for implementation. In the event of any dispute in the interpretation, the text in the English language will be decisive.
Dane in Prague on 23 October 1991.
For the Government of the Czech and Slovak Federal Republic:
Ing. Ivan Foltýn v. r.
For the Government of the United Arab Emirates:
Mohamed Yahya Al-Suweidi v. r.
Annex
List of lines
I. Lines to be operated by a designated airline of the Czech and Slovak Federal Republic
| Od | Mezilehlé body | Do | Body za |
| Body v ČSFR | Jakékoliv mezilehlé body | Body ve Spojených arabských emirátech | Jakékoliv body za |
II. Lines to be operated by designated airlines of the United Arab Emirates
| Od | Mezilehlé body | Do | Body za |
| Body ve Spojených arabských emirátech | Jakékoliv mezilehlé body | Body v ČSFR | Jakékoliv body za |
Notes:
1. Intermediate points and points behind shall be agreed at a later date by the mutual aviation authorities of the two Contracting Parties.
2. The designated aeronautical undertaking or airlines of both Contracting Parties may omit the flying of some or all intermediate points and / or points per flight.
3. The designated air undertaking or airlines of one Contracting Party shall not exercise the fifth freedom of transport rights in sections or sections operated by the designated air undertaking or airlines of the other Contracting Party on the basis of the third and fourth freedoms of traffic rights. The following restrictions on the exercise of the fifth freedom of transport rights may be lifted:
(a) if the air authorities of both Contracting Parties agree, following consultations, to lift such restrictions; or
(b) where designated airlines of both Contracting Parties conclude a trade agreement or any specific arrangements to be approved by the aviation authorities of both Contracting Parties.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 116 / 1993 Coll., on the Agreement on Air Transport between the Government of the Czech and Slovak Federal Republic and the Government of the United Arab Emirates |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.04.1993 |
|---|---|
| Effective from | 21.06.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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