Decree of the Minister for Foreign Affairs No. 129 / 1982 Coll.
Decree of the Minister for Foreign Affairs on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Republic of Malta on Air Services between their territory and beyond
Valid
Effective from 24.05.1982
129
DECLARATION
Minister for Foreign Affairs
of 4 October 1982
on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Republic of Malta on air services between and after their territory
On 11 November 1981, the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Republic of Malta on air services between their territory and beyond was signed in La Valletta. The Agreement entered into force on 24 May 1982 pursuant to Article 20 thereof.
The Czech translation of the Agreement is announced simultaneously.
First Deputy:
Greece
AGREEMENT
between the Government of the Czechoslovak Socialist Republic and the Government of the Republic of Malta on air services between and beyond their territory
Government of the Czechoslovak Socialist Republic and Government of the Republic of Malta,
being parties to the Convention on International Civil Aviation, open for signature in Chicago on the seventh December 1944, and
Desiring to develop friendly relations between the two countries in accordance with the Final Act of the Conference on Security and Cooperation in Europe (Helsinki, 1975) and to promote air transport relations between themselves,
they have agreed as follows:
For the implementation of this Agreement, unless the context otherwise requires:
(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 the Annexes or to the Convention referred to in Articles 90 and 94 thereof, provided that those Annexes and amendments have been adopted by both Contracting Parties;
(b) the term "aviation authorities" means, as regards the Czechoslovak Socialist Republic, the Federal Ministry of Transport, as regards the Republic of Malta, the Minister responsible for Civil Aviation, or in both cases any other person or authority responsible for carrying out functions carried out by the authorities currently mentioned;
(c) the term "designated air undertaking" means an air undertaking designated and entrusted in accordance with Article 3 of this Agreement as an air undertaking operating agreed air services on specified routes in accordance with paragraph 1 of Article 2 of this Agreement;
(d) the terms "territory," "air service," "international air service," "air undertaking" and "landing for non-commercial purposes" shall have the meaning set out in Articles 2 and 96 of the Convention;
(e) the term "Annex" shall mean the Annex to this Agreement or amendments thereto made in accordance with the provisions of Article 16 of this Agreement. The Annex shall form an integral part of this Agreement and any appeal to the Agreement shall include an appeal to the Annex, unless otherwise specified.
1. Each Contracting Party shall grant to the other Contracting Party the rights set out in this Agreement in order to enable its designated airline to establish and operate international scheduled air services on the lines set out in the relevant part of the Annex (hereinafter referred to as "agreed services' and" specified lines').
2. According to the provisions of this Agreement, the designated aeronautical undertaking of each Contracting Party shall enjoy the following rights when operating the agreed services on a specified route:
(a) fly without landing through the territory of the other Contracting Party;
(b) land in that territory for non-commercial purposes;
(c) land in that territory at the point or points specified for this route in the Annex to this Agreement for the purpose of unloading and loading passengers, goods and mail in international transport.
3. The provisions of paragraph 2 of this Article shall not confer on a designated air undertaking of one Contracting Party the right to load in the territory of the other Contracting Party passengers, goods or mail for transport to another place in the territory of that other Contracting Party for consideration or rent.
1. Each Contracting Party shall have the right to designate in writing the other Contracting Party an air undertaking to operate the agreed services on specified lines.
2. Upon receipt of this designation, the other Contracting Party shall, subject to the provisions of paragraphs 3 and 4 of this Article, grant the relevant operating authorisation to the air undertaking without delay.
3. The Air Authority of one Contracting Party may require an air undertaking designated by the other Contracting Party to demonstrate that it is able to comply with the conditions laid down by the laws and regulations which it normally and reasonably applies in accordance with the provisions of the Convention in the operation of international air services.
4. Each Contracting Party shall have the right to refuse to grant the operating authorisations referred to in paragraph 2 of this Article or to impose on the designated air undertaking, in the exercise of the rights set out in Article 2 of this Agreement, such conditions as it considers 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 at any time be initiated provided that the tariffs established in accordance with the provisions of Article 12 of this Agreement are valid for that service.
1. Each Contracting Party shall have the right to revoke or suspend the exercise of the rights set out in Article 2 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:
(a) in the case where the airline does not comply with the laws and regulations of the Contracting Party providing those rights;
(b) 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 to nationals of that Contracting Party;
(c) in the event that an air undertaking otherwise violates the operation of air services under the conditions laid down in this Agreement.
2. Where the immediate revocation of operational authorisations, suspension of the exercise of rights or the imposition of the conditions referred to in paragraph 1 of this Article is not necessary to prevent further infringements of laws and regulations, such right shall be exercised only after consultation with the other Contracting Party.
1. The laws and regulations of one Contracting Party which apply to the entry into and exit from the territory of aircraft operating international flights or which apply to the operation and flight of such aircraft within its territory shall also be binding on and observed by aircraft of an air undertaking designated by the other Contracting Party on entry, exit and operation in the territory of the first Contracting Party.
(2) The laws and regulations of one Contracting Party relating to the entry into, stay in, transit and exit from the territory of one Contracting Party for passengers, crew, goods and mail of aircraft, such as those relating to entry, exit, immigration and immigration, travel documents, customs and medical measures, shall also be binding on passengers, crew, goods and mail carried by aircraft of a designated air undertaking of the other Contracting Party, provided that they are located in that territory.
1. Aircraft used for the operation of international air services designated by the airline of one Contracting Party, as well as their usual equipment, spare parts, fuel and lubricating oil, as well as the stocks of aircraft (including food, beverages and tobacco) on board the aircraft, shall be exempt from all customs, inspection and other charges or taxes on arrival in the territory of the other Contracting Party provided that such equipment and supplies remain on board the aircraft until they are re-exported.
2. The same charges and taxes, with the exception of those corresponding to the services performed, shall also be exempt:
(a) the stocks of aircraft taken on board in the territory of each Contracting Party within the limits set by the authorities of the relevant Contracting Party and for use on board an aircraft carrying out international air services of the other Contracting Party;
(b) spare parts imported into the territory of each Contracting Party for the maintenance or repair of an aircraft used in international services by an air carrier of the other Contracting Party;
(c) fuel and lubricating oil needed to supply an aircraft performing international air services by an air carrier designated by the other Contracting Party, even if they are used for parts of the journey conducted over the territory of the Contracting Party in 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 equipment of the aircraft, as well as the material and supplies retained on board the aircraft of one or the other Contracting Party, may be landed in the territory of the other Contracting Party only with the agreement of the customs authorities in that territory. In such cases, they may be stored under the supervision of the said authorities until they are re-exported or otherwise disposed of in accordance with customs legislation.
The charges for the use of airports and other facilities within the territory of each Contracting Party shall be levied at the rates set by its competent authorities. Such fees shall not exceed those applicable to national aircraft of each Contracting Party dealing with similar international air services.
Passengers in direct transit through the territory of a Contracting Party not leaving the premises of an airport designated for that purpose shall be subject to a simplified check. Luggage and goods in direct transit shall be exempt from customs and other charges.
1. The designated airline of each Contracting Party shall be exempt from all taxes on profits or revenues arising from the operation of the agreed services in the territory of the other Contracting Party.
2. Each Contracting Party shall grant the designated air undertaking of the other Contracting Party the right, at the official exchange rate, to transfer, in accordance with the applicable foreign exchange rules in its territory, the surplus of revenue over expenditure incurred by that air undertaking in the territory of the Contracting Party concerned in respect of the carriage of passengers, goods and mail. The transfer will be made in one of the freely convertible currencies.
3. Each Contracting Party shall facilitate transfers of such funds to the other country; such transfers shall be carried out without delay.
1. The airline of each Contracting Party will have a reasonable and equal opportunity to operate the agreed services on specified lines.
2. When operating the agreed services, the air undertaking of one or the other Contracting Party shall take into account the interests of the air undertaking of the other Contracting Party in such a way as to avoid any undue influence on the services it provides on the same lines or parts thereof.
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 main objective, with reasonable utilization, will be to provide capacity corresponding to normal and reasonably expected requirements for the carriage of passengers, goods and mail from or for the territory of the Contracting Party designated by the airline.
4. Authorisations for the carriage of passengers, goods and mail loaded and unloaded on designated 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 that the 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 an area which the airline passes through after taking into account the air services operated by State airlines in that area; and
(c) the air traffic requirements of air undertakings.
5. The capacity provided for in agreed services on specified lines shall be determined between designated airlines of both Contracting Parties by an agreement subject to approval by the aviation authorities.
1. The designated aeronautical undertaking of each Contracting Party shall submit to the Aeroplane Authority of the other Contracting Party no later than 30 (30) days before the start of the services on specified lines referred to in Article 2 of this Agreement for approval of the types of aircraft used and the timetable. This applies mutatis mutandis to subsequent amendments.
2. The aeronautical authority of the Contracting Party shall, upon request, provide the aeronautical office of the other Contracting Party with periodic and other statistical data which may reasonably be required to examine the capacity provided for the agreed services by the designated aeronautical undertaking of the Contracting Party at the beginning of this Article. Such data will include all the information necessary to determine the volume of transport carried by this air carrier in the framework of the agreed services and the place of origin and destination of such shipments.
1. The term "tariff" used further means the prices and conditions for their use to be paid for the carriage of passengers, baggage and goods, together with the charges and conditions for brokering and other ancillary services; does not, however, include charges and conditions for the transport of mail.
2. The tariffs applied by the airlines of one Contracting Party for transport to or from the territory of the other Contracting Party shall be set at an appropriate level, taking due account of all relevant factors including operating costs, reasonable profit, the nature of the services (such as speed standards and travel arrangements) and the tariffs of other airlines.
3. The tariffs referred to in paragraph 2 of this Article shall, as far as possible, be agreed by the designated airlines of both Contracting Parties in consultation with other airlines operating on the whole or part of the route; Such an agreement will be reached, where possible, by means of a tariff mechanism for the International Association of Air Carriers.
4. The tariffs thus agreed shall be submitted for approval to the air authorities of the Contracting Parties at least 90 (90) days before the proposed date of implementation; in specific cases, this time limit may be shortened with the agreement of the aviation authorities.
5. Consent to tariffs can be given explicitly. In the event that none of the air authorities notifies its opposition to any tariff within 40 (40) days of the date of submission of the tariffs referred to in paragraph 4 of this Article, the tariffs shall be deemed to have been approved. If the deadline for submission is shortened in accordance with paragraph 4 of this Article, the aviation authorities may agree a period of less than 40 (40) days during which the disagreement is to be notified.
6. If it is not possible to agree a tariff in accordance with paragraph 3 of this Article, or if, within the time limit laid down in paragraph 5 of this Article, the air authority of one Contracting Party has notified the air authority of its disagreement with the tariffs agreed in accordance with paragraph 3 of this Article, the air authorities of the Contracting Parties shall endeavour to establish the tariffs by mutual agreement.
7. If the air authorities are unable to agree on the approval of a tariff submitted to them pursuant to paragraph 4 of this Article and its designation pursuant to paragraph 6, the dispute shall be settled in accordance with Article 18 of this Agreement.
8. The tariffs agreed in accordance with the provisions of this Article shall be valid until new tariffs are agreed. However, the validity of any tariff may not be extended on the basis of this Article by more than 12 (12) months after the date on which the tariff would otherwise have expired.
The designated aeronautical undertaking of each Contracting Party shall be entitled to maintain within the territory of the other Contracting Party, at the places listed in the Annex, commercial, administrative and technical staff in the number of adequate services performed.
This Agreement and any amendments thereto pursuant to Article 16 shall be registered with the International Civil Aviation Organisation.
In the spirit of close cooperation, the aviation authorities of both Parties shall consult as necessary on the interpretation and satisfactory implementation of the provisions of this Agreement and its Annex.
1. If one of the Contracting Parties considers it desirable to amend any provisions of this Agreement, it may request consultations with the other Contracting Party. Such consultations, which may be conducted 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 this Agreement may be made provisionally from a date agreed by the aviation authorities and shall enter into force upon their confirmation by exchange of diplomatic notes.
If the General Multilateral Convention on scheduled international air services enters into force for both Contracting Parties, this Agreement shall be adapted to comply with the provisions of this multilateral Convention.
1. Any dispute concerning the interpretation or implementation of this Agreement or its Annex shall be settled by direct negotiation between the aeronautical authorities of the Contracting Parties. If no agreement is reached between the aviation authorities, the dispute shall be settled by diplomatic means.
2. If the dispute is not resolved by the means referred to in paragraph 1 of this Article within 90 (90) days of the date on which one of the Contracting Parties has requested a solution, it shall be submitted to the arbitration panel by either party for a decision. This commission will be composed of six (6) members - nationals of both participating States - appointed by the Parties on a parity basis. The arbitration panel shall be adopted unanimously.
Each Contracting Party may at any time notify the other Contracting Party of its decision to terminate this Agreement. A copy of the statement will also be sent to the International Civil Aviation Organisation. If such termination is given, this Agreement shall expire 12 (12) months after the date on which the other Contracting Party received the denunciation, unless the denunciation is withdrawn by agreement of both Contracting Parties before the expiry of that period. If the receipt of the statement is not confirmed by the other Party, the statement shall be deemed to have been received 14 (14) days after the receipt of the copy by the International Civil Aviation Organisation.
1. Each Contracting Party shall notify in writing to the other Party the approval of this Agreement in accordance with its national rules. This Agreement shall enter into force from the date of the last of these written notifications.
2. This Agreement shall be provisionally implemented as from the date of its signature.
This Agreement has been signed by the agents of the Contracting Parties and has been secured by their seals.
Done at La Valletta, 11 November 1981, in duplicate in English.
For the Government
Czechoslovak Socialist
Republic:
Václav Zeman v. r.
For the Government
Republic of Malta:
Paul Attard v. r.
Annex
Lines operated in both directions by an airline designated by the Government of the Czechoslovak Socialist Republic:
| Místo odletu | Mezilehlé body | Místo určení | Místa za |
|---|---|---|---|
| Bod v Československé socialistické republice | Určí se později | Bod v Maltské republice | Určí se později |
lines operated in both directions by an airline designated by the Government of the Republic of Malta:
| Místo odletu | Mezilehlé body | Místo určení | Místa za |
|---|---|---|---|
| Bod v Maltské republice | Určí se později | Bod v Československé socialistické republice | Určí se později |
The intermediate points and the places behind them shall be determined at a later date between the aviation authorities in accordance with the provisions of Article 16 of the Agreement.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 129 / 1982 Coll., on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Republic of Malta on Air Services between their territory and beyond |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.11.1982 |
|---|---|
| Effective from | 24.05.1982 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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