Decree of the Minister for Foreign Affairs No. 122 / 1969 Coll.
Decree of the Minister for Foreign Affairs on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Kingdom of Norway on Air Transport
Valid
Effective from 03.12.1968
122
DECLARATION
Minister for Foreign Affairs
of 11 September 1969
on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Kingdom of Norway on Air Transport
On 3 December 1968, the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Kingdom of Norway on Air Transport was signed in Oslo.
Pursuant to Article 18 thereof, the Agreement entered into force on 3 December 1968.
The Czech translation of the Agreement is announced simultaneously.
State Secretary in the Ministry of Foreign Affairs:
Pleskot v. r.
AGREEMENT
between the Government of the Czechoslovak Socialist Republic and the Government of the Kingdom of Norway on air transport
The Government of the Czechoslovak Socialist Republic and the Government of the Kingdom of Norway, hereinafter referred to as the Contracting Parties, wished to take action to establish regular commercial air services between their respective territories and for these territories, agreed as follows:
Each Contracting Party shall grant to the other Contracting Party the rights set out in this Agreement and its Annexes in order to establish and operate commercial air services on the lines set out in the Line List. Such services may be initiated immediately or at a later date at the request of the Contracting Party which has been granted the rights.
1. Each Contracting Party shall have the right to designate one or more airlines to operate the agreed services on specified routes.
2. As soon as the other Contracting Party receives a report on that destination, it shall grant the designated air undertaking an appropriate authorisation without delay to operate, subject to paragraph 3 of this Article.
3. The air authorities of one Contracting Party may request that the air undertaking designated by the other Contracting Party demonstrate to them that it is able to meet the conditions laid down by the laws and regulations normally applied in the operation of international air services.
1. The laws and regulations of one Contracting Party relating to the entry into its territory or the exit of aircraft operating international flights or the operation and flying of such aircraft within its territory shall also apply to aircraft of a designated air undertaking of the other Contracting Party.
2. The laws and regulations of one Contracting Party relating to the entry into, stay or exit from its territory of passengers, crews and cargo shall also apply to passengers, crew and cargo of aircraft used by the designated air carrier of the other Contracting Party.
Each Contracting Party shall have the right to refuse or revoke a certificate or authorisation to an air undertaking of the other Contracting Party if it is not satisfied that a substantial part of the ownership and effective control belongs to nationals of a Contracting Party to this Agreement, or if the air undertaking does not comply with the laws and regulations referred to in Article 3 of this Agreement or if it is unable to fulfil the obligations arising under this Agreement.
The certificates of airworthiness to fly, diplomas and aviation licences issued or valid recognised by one Contracting Party shall be recognised as valid by the other Contracting Party for the purpose of operating lines and services under the Line List. However, each Contracting Party reserves the right not to recognise, for the purpose of flying over its own territory, diplomas and air licences issued by its own nationals by another State.
1. Aircraft used by a designated airline of one Contracting Party to operate the agreed services as well as the usual equipment of aircraft, fuel and lubricating oil, spare parts and on-board supplies, including food, beverages, tobacco products and articles intended to be sold to passengers on board, shall be exempt from all customs duties and other charges when entering the territory of the other Contracting Party, provided that such equipment and supplies remain on board until they are re-exported or consumed in flight over the territory of that Contracting Party.
2. Such fees and charges shall also be exempt, with the exception of the service rendered, from the following:
(i) fuel and lubricating oils taken on board aircraft on the territory of one Contracting Party and intended for the use of aircraft used by a designated air carrier of the other Contracting Party during operations on specified lines, even if these stocks are to be consumed on a line section above the territory of the Contracting Party where they were taken on board;
(ii) spare parts imported into the territory of one Contracting Party for the purpose of maintaining or repairing aircraft used by the designated airline of the other Contracting Party in operations on specified lines;
(iii) stocks taken on board aircraft within the territory of one Contracting Party to the extent specified by the authorities of that Contracting Party and intended for use on board aircraft of the other Contracting Party when operating on specified lines.
3. The normal on-board equipment, fuel supplies and lubricating oils, on-board supplies and spare parts which are on board aircraft of a designated air undertaking of one Contracting Party may be landed in the territory of the other Contracting Party only with the agreement of its customs authorities. They shall be placed under the customs control of those authorities until they are re-exported or otherwise used in accordance with customs legislation.
4. Non-sales items intended for promotion, documents, office supplies, office equipment intended for use by the representation of a designated air undertaking of one Contracting Party in the territory of the other Contracting Party shall also be exempt from such fees and charges.
1. Transfers of revenue achieved by a designated airline of one 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 in any freely convertible currency.
2. The Contracting Parties shall facilitate such transfers to the other country.
1. The tariffs introduced for any agreed service shall be set at an appropriate level and taking due account of all relevant factors, including operating costs, reasonable profit, the specific nature of the service (such as speed and comfort levels) and the charges of other airlines for any part of the route determined. 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, as well as the agent commissions used in conjunction with them, shall, as far as possible, be agreed between the designated airlines of both parties for each of the specified routes and, if deemed necessary by one of those undertakings, after consultation with other airlines operating on the whole or part of the route concerned, and such an agreement shall be reached where possible, through the system for setting tariffs of the International Air Transport Association. Such agreed tariffs shall be submitted for approval to the aviation authorities of both Contracting Parties.
3. In the event that designated airlines cannot agree on one of these tariffs or, for any other reason, an agreement on the tariff referred to in paragraph 2 of this Article cannot be reached, the aviation authorities of the two Contracting Parties shall endeavour to establish the tariff by mutual agreement.
4. If, at the time of the approval of the tariff submitted to them in accordance with paragraph 2 of this Article, the air authorities cannot agree to fix a tariff in accordance with paragraph 3, the discrepancy shall be resolved in accordance with the provisions of Article 12 of this Agreement.
5. No tariff shall enter into force if the aviation authority of any Contracting Party is not satisfied with it, except for the application of paragraph 3 of Article 12 of this Agreement.
6. Once the tariffs are introduced in accordance with the provisions of this Article, they shall remain in force until new tariffs are introduced in accordance with the provisions of this Article.
The designated air undertaking of one Contracting Party shall be entitled to maintain in the territory of the other Contracting Party the technical and commercial personnel required to operate its air services.
1. The capacity to be provided by designated airlines will be adapted to the transport demand.
2. When operating the agreed services, the designated air undertaking of each Contracting Party shall take into account the interests of the designated air undertaking of the other Contracting Party in such a way that it does not interfere in an inappropriate way with the services provided by that air undertaking on the same route or part thereof.
3. The priority objective of the services provided by the designated airline under this Agreement shall be to provide the capacity of adequate transport demand between the country to which the airline belongs and the countries of final destination. The right to load or land on such services international transport intended for third countries or from those countries arriving at the place (s) of the routes provided for in this Agreement shall be exercised in accordance with the general principles of orderly development shared by both Parties and shall be subject to the general principle that capacity is to correspond to:
(a) the transport demand between the country of origin and the countries of final destination of the shipment;
(b) the requirements for the operation of long-distance lines;
(c) transport demand in the area covered by the air route, taking into account local and regional services.
4. The capacity to be provided by designated airlines in the operation of the agreed services shall be determined in the case of joint lines by a direct agreement between the designated undertakings and shall be subject to the approval of the aviation authorities of both Contracting Parties.
In a spirit of close cooperation, the aviation authorities of both Parties shall conduct negotiations from time to time to ensure implementation and satisfactory interpretation of the provisions of this Agreement and its Annexes.
1. If there is any conflict between the Contracting Parties concerning the interpretation or implementation of this Agreement or its Annexes, the Contracting Parties shall endeavour to resolve it first by negotiating between the aviation authorities and, failing that, by diplomatic means.
2. If the Parties fail to reach a solution to the negotiations, the dispute may be submitted at the request of any Party to a decision of the Tribunal of three arbitrators, of which each Party shall appoint one of which and the third arbitrator shall be designated by the two arbitrators selected. Each Contracting Party shall appoint an arbitrator within 60 days of the date on which one Contracting Party has received a diplomatic note from the other Contracting Party requesting the arbitration dispute to be resolved, and the third arbitrator shall be appointed within a further period of 60 days.
3. The Contracting Parties undertake to submit to any decision taken pursuant to paragraph 2 of this Article.
This Agreement and its Annexes shall be adapted to suit all multilateral conventions which may become binding on both Parties.
1. If one of the Contracting Parties considers it desirable to amend certain provisions of this Agreement, it may request consultations from the other Contracting Party. Such consultations shall begin within 60 days of the date of submission of the request and shall be carried out in writing or by negotiation between the aviation authorities.
2. Amendments to the Annexes to this Agreement may be made by direct agreement between the aviation authorities of the two Contracting Parties and shall be provisionally implemented from the date agreed between those air authorities.
3. Any amendment to this Agreement or its Annexes, as agreed in accordance with the provisions of paragraphs 1 and 2 of this Article, shall enter into force as soon as an exchange of notes between the Parties has been approved.
For the implementation of this Agreement and its Annexes
(a) the term "aviation authority" means, in the case of the Czechoslovak Socialist Republic, the Ministry of Civil Aviation Transport; in the case of the Kingdom of Norway, the Ministry of Transport and Communications, or in both cases any authority in charge of the exercise of the powers currently exercised by those authorities;
(b) the terms "agreed services" and "scheduled lines" mean international air services and lines as set out in the Annex to this Agreement;
(c) the term "designated air undertaking" means an air undertaking notified by one Contracting Party to the other in accordance with Article 2 of this Agreement;
(d) the term "Annex" means the attached list of lines and letters.
Each Contracting Party may at any time notify the other Contracting Party of its intention to terminate this Agreement. In such a case, this Agreement shall expire one year after the other Contracting Party has received notice of termination, unless its resignation is withdrawn by mutual agreement before the expiry of that period.
If the other Contracting Party does not confirm receipt of the notice of termination, 14 (14) days after the notification has been received by the International Civil Aviation Organisation will be deemed to be the date of receipt.
This Agreement, any amendment thereto and any exchange of diplomatic notes concerning this Agreement shall be forwarded to the International Civil Aviation Organisation for registration.
This Agreement shall enter into force on the date of signature.
Dane v Oslo, 3 December 1968 in duplicate in English.
To prove it, the agents of both Parties signed this Agreement and sealed it.
For the Government
Czechoslovak Socialist Republic:
Valeš v. r.
For the Government
Kingdom of Norway:
John Lyng v. r.
LIST OF LINES
1. The designated air undertaking of the Kingdom of Norway will be entitled to load and land passengers, goods and mail in international transport on the following routes:
points in Norway - intermediate points - points in Czechoslovakia - points further in both directions.
2. In addition, intermediate points and points shall be determined at a later date in accordance with paragraph 2 of Article 14 of this Agreement.
1. The designated airline of the Czechoslovak Socialist Republic will be entitled to load and unload passengers, goods and mail on the following routes:
points in Czechoslovakia - intermediate points - points in Norway - points further in both directions.
2. In addition, intermediate points and points shall be determined at a later date in accordance with paragraph 2 of Article 14 of this Agreement.
Oslo 3 December 1968
Your Excellency,
Referring to the Agreement between the Government of the Kingdom of Norway and the Government of the Czechoslovak Socialist Republic, signed today in Oslo, I have the honour to inform Your Excellency that, in accordance with Article 2 of the Agreement, the Norwegian Government designates Det Norske Luftfartselskap A / S (DNL) to operate the lines set out in the List of Lines to the Agreement.
In this context, I have the honour to confirm, on behalf of my Government, the following arrangement that we reached during the negotiations prior to the signing of the Agreement:
(1) Det Norske Luftfartselskap A / S (DNL) co-operating with AB Aerotransport (ABA) and Det Danske Luftfartselskap A / S (DDL) under the name Scandinavian Airlines System (SAS) may operate services intended for them by the Agreement between the aircraft, crew and equipment of either or both of the other two airlines.
(2) If Det Norske Luftfartselskap A / S (DNL) uses aircraft, crew and equipment of other airlines participating in the Scandinavian Airlines System (SAS), the provisions of the Agreement will apply to these aircraft, crew and equipment as if they were aircraft, crew and equipment of Det Norske Luftfartselskap A / S (DNL) and the competent Norwegian authorities and Det Norske Luftfartselskap (DNL) will take full responsibility in accordance with the Agreement.
This letter and your Excellency's reply will form an indivisible part of the Agreement.
Please accept, Your Excellency, the expression of my deep respect.
John Lyng v. r.
Minister for Foreign Affairs
Kingdom of Norway
His Excellency
Mr Václav Vales
Minister for Foreign Trade
Czechoslovak Socialist Republic
Prague
Oslo 3 December 1968
Your Excellency,
I refer to your letter dated this day:
"With reference to the Agreement between the Government of the Kingdom of Norway and the Government of the Czechoslovak Socialist Republic, signed today in Oslo, I have the honour to inform Your Excellency that, in accordance with Article 2 of the Agreement, the Norwegian Government designates Det Norske Luftfartselskap A / S (DNL) to operate the lines specified in the List of Lines to the Agreement.
In this context, I have the honour to confirm, on behalf of my Government, the following arrangement that we reached during the negotiations prior to the signing of the Agreement:
(1) Det Norske Luftfartselskap A / S (DNL) co-operating with AB Aerotransport (ABA) and Det Danske Luftfartselskap A / S (DDL) under the name Scandinavian Airlines System (SAS) may operate services intended for them by the Agreement between the aircraft, crew and equipment of either or both of the other two airlines.
(2) If Det Norske Luftfartselskap A / S (DNL) uses aircraft, crew and equipment of other airlines participating in the Scandinavian Airlines System (SAS), the provisions of the Agreement will apply to these aircraft, crew and equipment as if they were aircraft, crew and equipment of Det Norske Luftfartselskap A / S (DNL) and the competent Norwegian authorities and Det Norske Luftfartselskap (DNL) will take full responsibility in accordance with the Agreement.
This letter and your Excellency's reply will form an indivisible part of the Agreement.
Please accept, Your Excellency, the expression of my deep respect. "
I confirm the previous arrangement on behalf of the Government of the Czechoslovak Socialist Republic.
Please accept, Your Excellency, the expression of my deep respect.
Václav Valeš v. r.
Minister for Foreign Trade
Czechoslovak Socialist Republic
His Excellency
Mr John Lyng
Minister for Foreign Affairs
Kingdom of Norway
Oslo
Oslo 3 December 1968
Your Excellency,
With reference to the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Kingdom of Norway, signed today in Oslo, I have the honour to inform Your Excellency that, in accordance with Article 2 of the Agreement, the Government of the Czechoslovak Socialist Republic designates the Czechoslovak Airlines to operate the lines set out in the List of Lines to the Agreement.
In this context, I have the honour to confirm, on behalf of my Government, the following arrangement that we reached during the negotiations prior to the signing of the Agreement:
(1) If the designated air undertaking of the Czechoslovak Socialist Republic takes any measures relating to joint aviation on a similar basis as provided for in your letter of today's Det Norske Luftfartselskap, or any other measure falling within Chapter XVI, Article 77 of the Convention on International Civil Aviation - Chicago on 7 December 1944, the Government of the Kingdom of Norway shall grant the relevant operational authorisations in accordance with Article 2 of the Agreement and the provisions of the Agreement shall apply provided that the competent Czechoslovak authorities and the designated airline take full responsibility in accordance with the Agreement.
(2) The nature of such arrangements will be notified to the authorities of the Kingdom of Norway 60 days prior to the operation of air services under the terms of those arrangements.
This letter and your Excellency's reply will form an indivisible part of the Agreement.
Please accept, Your Excellency, the expression of my deep respect.
Václav Valeš v. r.
Minister for Foreign Trade
Czechoslovak Socialist Republic
His Excellency
Mr John Lyng
Minister for Foreign Affairs
Kingdom of Norway
Oslo
Oslo 3 December 1968
Your Excellency,
I refer to your letter dated this day:
"With reference to the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Kingdom of Norway, signed today in Oslo, I have the honour to inform Your Excellency that, in accordance with Article 2 of the Agreement, the Government of the Czechoslovak Socialist Republic determines the Czechoslovak Airlines to operate the lines set out in the List of Lines to the Agreement.
In this context, I have the honour to confirm, on behalf of my Government, the following arrangement that we reached during the negotiations prior to the signing of the Agreement:
(1) If the designated air undertaking of the Czechoslovak Socialist Republic takes any measures relating to joint aviation on a similar basis as provided for in your letter of today's Det Norske Luftfartselskap, or any other measure falling within Chapter XVI, Article 77 of the Convention on International Civil Aviation - Chicago on 7 December 1944, the Government of the Kingdom of Norway shall grant the relevant operational authorisations in accordance with Article 2 of the Agreement and the provisions of the Agreement shall apply provided that the competent Czechoslovak authorities and the designated airline take full responsibility in accordance with the Agreement.
(2) The nature of such arrangements will be notified to the authorities of the Kingdom of Norway 60 days prior to the operation of air services under the terms of those arrangements.
This letter and your Excellency's reply will form an indivisible part of the Agreement.
Please accept, Your Excellency, the expression of my deep respect. "
I confirm the previous arrangement on behalf of the Government of the Kingdom of Norway.
Please accept, Your Excellency, the expression of my deep respect.
John Lyng v. r.
Minister for Foreign Affairs
Kingdom of Norway
His Excellency
Mr Václav Vales
Minister for Foreign Trade
Czechoslovak Socialist Republic
Prague
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 122 / 1969 Coll., on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Kingdom of Norway on Air Transport |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.11.1969 |
|---|---|
| Effective from | 03.12.1968 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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