Decree of the Minister for Foreign Affairs No. 123 / 1982 Coll.
Decree of the Minister for Foreign Affairs on the Civil Aviation Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Lao People's Democratic Republic
Valid
Effective from 11.03.1982
123
DECLARATION
Minister for Foreign Affairs
of 29 September 1982
on the Agreement on Civil Aviation between the Government of the Czechoslovak Socialist Republic and the Government of the Lao People's Democratic Republic
On 17 February 1980, the Civil Aviation Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Lao People's Democratic Republic was signed in Vientiane. The Agreement entered into force on 11 March 1982 pursuant to Article 20 thereof.
The Czech translation of the Agreement is announced simultaneously.
First Deputy:
Greece
AGREEMENT
on civil aviation between the Government of the Czechoslovak Socialist Republic and the Government of the Lao People's Democratic Republic
The Government of the Czechoslovak Socialist Republic and the Government of the Lao People's Democratic Republic, hereinafter referred to as the "Contracting Parties," shall wish to conclude an agreement with a view to establishing air services between their countries and beyond,
they have agreed as follows:
For the implementation of this Agreement, unless otherwise specified in the text:
1. The term "aviation authorities" shall mean, as regards the Czechoslovak Socialist Republic, the Federal Ministry of Transport or any person or body empowered to perform functions currently performed by that Ministry and as regards the Lao People's Democratic Republic, the Directorate-General for Civil Aviation or any person or body empowered to perform functions currently performed by that Directorate.
2. The term "designated airline 'means an air undertaking designated in writing by one of the Contracting Parties to the other Party in accordance with Article 3 of this Agreement as an undertaking entrusted with the operation of the agreed services.
(3) The term "territory" in respect of a State shall mean the territorial area, adjacent territorial waters and the airspace above them under the sovereignty of that State.
4. The term "air service" means regular air service operated by civil aircraft for the purpose of transporting passengers, mail and goods.
5. The term "international air service 'means air service operated over the territory of more than one State and connecting a point in one State to a point in another State.
6. The term "air undertaking" means any air undertaking which procures and / or operates an international air service.
7. The term "non-commercial landing 'means a technical landing for purposes other than loading and / or unloading of passengers, goods and mail.
1. Each Contracting Party shall grant to the other Party the rights set out in this Agreement in order to establish international air services on the lines listed in the table of the Annex to this Agreement (hereinafter referred to as "agreed services' and" specified lines').
2. The designated airline of each Contracting Party shall, when operating the agreed service on a specified route, enjoy the following rights:
(a) fly without landing through the territory of the other Contracting Party on flights intended for this purpose by each Party;
(b) land for non-commercial purposes in the territory of the other Contracting Party at the points listed in the relevant table of the Annex to this Agreement;
(c) land in that territory at the designated points on the air route listed in the relevant table of the Annex to this Agreement for the purpose of loading and / or unloading passengers, goods and mail in international transport.
3. The provisions of paragraph 2 of this Article shall not entail the granting of a right to the air undertaking of one Contracting Party to dispose of passengers, goods and mail for the purpose of transporting them between points situated in the territory of the other Contracting Party for consideration or hire.
4. The routes for flights of aircraft providing for the operation of agreed services as well as national border crossing points shall be determined by each Contracting Party in its own territory.
1. Each Party shall have the right to designate an air undertaking to operate the agreed services and to inform the other Party in writing.
2. In accordance with paragraphs 3 and 4 of this Article, the other Contracting Party so informed shall grant the designated air operator an appropriate authorisation to conduct the flights.
3. The air authorities of one of the Contracting Parties will have the right to request an air undertaking designated by the other Contracting Party to demonstrate its competence to comply with the conditions laid down by the laws and regulations applied by those authorities in accordance with international recommendations for the operation of international air services.
4. Each Contracting Party shall have the right to refuse the recognition of an air undertaking and temporarily suspend or withdraw the rights granted to that undertaking in paragraph 2 of Article 2 of this Agreement or to impose such conditions as it deems necessary when exercising those rights to a designated air undertaking in all cases 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 has designated that undertaking or its nationals.
5. The air carrier will be able at any time to start operating the agreed services provided that the tariffs set in accordance with the provisions of Article 13 of this Agreement are in force for this air service.
6. Each Contracting Party shall have the right to suspend the exercise of the rights referred to in paragraph 2 of Article 2 of this Agreement or to impose such conditions as it considers necessary in the exercise of those rights by an air carrier in all cases where that undertaking does not comply with the laws or regulations of the Contracting Party which has granted those rights or where that undertaking does not conduct flights under the conditions laid down in this Agreement.
If the immediate suspension of rights or the requirement of compliance is not necessary to prevent further infringements of laws and regulations, this right shall be exercised only after consultation with the other Contracting Party.
1. Aircraft used in international transport by an air carrier designated by each of the Contracting Parties as well as their usual equipment, spare parts, fuel and lubricating oil supplies and supplies on board aircraft (including food, beverages and tobacco) on board such aircraft shall be exempt from all customs, inspection and other charges and taxes upon entry into the territory of the other Contracting Party, provided that such equipment and supplies remain on board such aircraft until they are re-exported.
2. Stocks of fuel and lubricating oils, spare parts, usual equipment and supplies carried on board an aircraft loaded on the territory of one of the Contracting Parties by an air carrier designated by or on behalf of the other Contracting Party, or taken on board an aircraft operated by that designated air carrier solely for the purpose of international service, shall be exempt from all taxes and levies, including customs and inspection charges, levied on the territory of the first Contracting Party even if such supplies are used during the crossing of the territory of the Contracting Party where they were taken on board.
The materials listed above may be placed under customs control or control upon request.
3. The normal equipment of the aircraft, spare parts, fuel supplies and lubricating oils retained on board the aircraft of each Contracting Party may only be landed in the territory of the other Contracting Party with the agreement of the customs office of that Party. In such cases, such materials may be stored under customs supervision until they are re-exported or otherwise disposed of in accordance with customs legislation.
In order to ensure the safety of flights in agreed services, each Contracting Party shall provide radio communications, light-signalling and meteorological information to the aircraft of the other Contracting Party as well as other services necessary to operate such flights. It shall also communicate to the other Contracting Party data on these means and provide information concerning the alternate airports and major airports on which the aircraft will be able to land, as well as the flights they will have to use on its territory.
Passengers, baggage and goods in direct transit through the territory of one Contracting Party, not leaving the airport for that purpose, shall be subject to a simplified check only. Luggage and goods in direct transit shall be exempt from customs and other similar charges.
(1) The laws and regulations of one Contracting Party governing the entry and exit into its territory of aircraft used for international flights or governing the operation and flight of such aircraft within its territory shall also apply to aircraft of an air undertaking designated by the other Contracting Party.
2. The laws and regulations of one Contracting Party governing the entry, stay and exit of passengers, crews, goods and mail, and in particular the formalities relating to customs, passport, foreign exchange and health regulations, shall apply to passengers, crew, goods and mail, carried by aircraft of an air undertaking designated by the other Contracting Party, provided that they are located in that territory.
3. In implementing the laws and regulations foreseen in this Article, no Contracting Party shall take any measure favouring its own air undertaking in relation to an air undertaking designated by the other Contracting Party.
1. Aircraft of an air undertaking designated by one of the Contracting Parties carrying out flights within the territory of the other Contracting Party shall have a nationality mark established for international flights and shall be equipped with a certificate of registry, a certificate of airworthiness and other on-board documents prescribed by the air authorities of the Contracting Parties as well as a permit for the establishment of a radio station. Pilots and other crew members shall be provided with appropriate documentation.
2. All the above documents issued or declared valid by one of the Contracting Parties shall be recognised as valid in the territory of the other Contracting Party.
3. Each Contracting Party shall reserve the right not to recognise as valid for flights within its territory qualifications and certificates issued to or recognised as valid by the other Contracting Party or by any other State.
4. If, for any reason, one or more of the crew members of an aircraft of a designated air undertaking of one of the Contracting Parties that provides an agreed air service in the territory of the other Contracting Party, they should be replaced by a crew whose members are not citizens of the Contracting Party that has designated that air undertaking, then their participation in the flight as a crew member shall be subject to the approval of the authorities of the other Contracting Party.
1. When operating the agreed services on specified routes between their respective territories, the airlines of both Contracting Parties will have equal and fair opportunities.
2. When operating the agreed services, the designated air undertaking of each Contracting Party shall take into account the interests of the air undertaking designated by the other Contracting Party in order to avoid its harm if it operates the agreed service on the same route or part of that route.
1. In the event of an emergency landing or any other accident in the territory of one of the Contracting Parties which has become an aircraft of an air undertaking designated by the other Contracting Party, the Party in whose territory the accident has occurred shall inform the other Party without delay, take all necessary measures to determine the causes of the accident, as well as to provide immediate assistance to the affected crew members and passengers and ensure the integrity of the aircraft which had the accident, as well as baggage, goods and mail on board the aircraft and send them as soon as possible by other means of transport to the destination. The transport costs shall be borne by the airline in the interest of the measures.
2. The party conducting the accident investigation will be obliged to inform the other Contracting Party of its results and the aircraft owner will be entitled to appoint observers to participate in the accident investigation.
Fees and other charges for the use of each airport, including its installations, technical and other means and services, as well as all payments related to the use of air traffic and air services, shall be levied on the basis of the tariffs and payment rates established in the relevant country for international flights.
In order to coordinate air transport and aircraft maintenance issues, each Contracting Party shall provide the air undertaking designated by the other Contracting Party and effectively operating the agreed services with the right to maintain in the territory of the first Contracting Party personnel whose number and composition shall be periodically coordinated between the air authorities of the Contracting Parties.
The representatives referred to in this Article, as well as the members of the flight crew designated by the Contracting Parties, shall be members of the Contracting Parties.
1. Tariffs for each service agreed must be set at reasonable rates, taking into account all relevant factors such as operating costs, reasonable profit, nature of the services operated (such as speed and comfort) and tariffs used by other airlines operating on a specified route or part thereof. The rates shall be determined in accordance with the following conditions of this Article.
2. The tariffs referred to in paragraph 1 of this Article, as well as the rates of brokerage fees, shall, as far as possible, be established by agreement between the airlines designated for each of the specified lines. The designated airlines of the Contracting Parties will be able to conduct consultations with other airlines that operate on the same route or part thereof for this purpose. The tariffs thus agreed shall be submitted for approval to the air authorities of the Contracting Parties.
3. If the air undertakings of the Contracting Parties do not agree on the fixing of tariffs or if the tariff cannot be determined in accordance with the conditions set out in paragraph 2 of this Article, the air authorities of the Contracting Parties shall seek an agreement on the fixing of tariffs.
4. In the event that the air authorities cannot reach an agreement on 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 Article 17 of this Agreement.
5. No tariff may enter into force without approval by the air authorities of both Contracting Parties.
6. The tariffs provided for in this Article shall continue to apply until new tariffs are negotiated in accordance with the conditions foreseen in this Article.
1. Each Contracting Party shall, within its territory, exempt the air undertaking of the other Contracting Party from any fees and taxes on income and profits that the air undertaking has acquired from the operation of the agreed services.
2. Each Contracting Party shall, within its territory, exempt an air undertaking designated by the other Contracting Party from all charges and taxes on its property.
3. The staff of the representative of one Contracting Party operating in the territory of the other Contracting Party shall be exempt from all fees and taxes on their salaries by that other Contracting Party.
The financial settlement of claims and liabilities arising from the implementation of this Agreement shall be effected in accordance with payment agreements concluded between the Parties.
The Air Authorities of the Contracting Parties shall conduct regular consultations to ensure close cooperation on all issues relating to the implementation of the provisions of this Agreement.
Any dispute concerning the interpretation or implementation of this Agreement and its Annex shall be settled by direct negotiation between the air authorities of the Contracting Parties.
If no agreement is reached between the aviation authorities, the dispute will be settled by diplomatic means.
1. If one of the Contracting Parties considers it desirable to amend the provisions of this Agreement, it will be able to request consultations with both Contracting Parties' aviation authorities as regards the proposed amendments. Such consultation shall begin within 60 (60) days from the date of receipt of the request. The amendments agreed by the aviation authorities will enter into force as soon as they are confirmed by an exchange of notes through diplomatic channels.
2. This Agreement and its Annex shall be aligned with any multilateral civil aviation convention to which both Parties would accede.
Each Contracting Party may at any time notify the other Party of its intention to terminate this Agreement. If such termination is given, the Agreement shall expire 12 (12) months after the date on which the other Contracting Party received the termination, unless the termination by agreement of the two Contracting Parties is terminated before the expiry of that period.
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 from the date of the last of these notifications.
2. The Agreement shall be provisionally implemented from the date of signature.
In order to prove this, duly authorised by the relevant governments, agents have signed this Agreement.
Done at Vientiane on 17 February 1980 in two original copies in French.
For the Government
Czechoslovak Socialist Republic:
Bohuslav Chubek v. r.
For the Government
Lao People's Democratic Republic:
Phone Siprauth v. r.
Annex
(1) 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 the Czechoslovak Socialist Republic - intermediate points - points in the Lao People's Democratic Republic - points in the Lao People's Democratic Republic.
(2) Intermediate points and points for the People's Democratic Republic of Lao will be established by agreement of the air authorities.
(1) An airline designated by the Government of Lao People's Democratic Republic may operate scheduled air services on the following routes in both directions:
Points in Lao People's Democratic Republic - intermediate points - points in the Czechoslovak Socialist Republic - points in the Czechoslovak Socialist Republic.
(2) Intermediate points and points for the Czechoslovak Socialist Republic will be established by agreement of the air authorities.
Remarks: 1. The designated airlines may omit all or some intermediate points on designated routes when operating one or all flights. 2. The designated airlines shall have the right to terminate their flights on the territory of the other Contracting Party. 3. In the spirit of cooperation and respecting the mutual interests of the designated air undertaking of one of the parties, it will be able to benefit from the traffic rights of the 5th freedom, but in any case it will have to request them from the air authority of the other party to assess the request.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 123 / 1982 Coll., on the Civil Aviation Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Lao People's Democratic Republic |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.10.1982 |
|---|---|
| Effective from | 11.03.1982 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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