Decree of the Minister for Foreign Affairs No. 13 / 1963 Coll.
Decree of the Minister for Foreign Affairs on the Agreement between the Czechoslovak Socialist Republic and the Republic of Senegal on Air Transport
Valid
Effective from 11.01.1963
13
DECLARATION
Minister for Foreign Affairs
of 12 January 1963
on the Agreement between the Czechoslovak Socialist Republic and the Republic of Senegal on Air Transport
On 20 June 1962, the Agreement between the Czechoslovak Socialist Republic and the Republic of Senegal on Air Transport was signed in Prague.
The Government of the Czechoslovak Socialist Republic approved the Agreement on 30 August 1962. The approval of the Agreement was communicated to the Senegal Party by a note dated 28 September 1962. By letter dated 11 December 1962, the Senegal Party indicated that the Agreement had been approved by the Government of the Republic of Senegal.
Pursuant to Article 20, the Agreement entered into force on 11 January 1963.
The Czech version of the Agreement is hereby published at the same time.
First Deputy Minister:
Dr Gregor v. r.
AGREEMENT
between the Czechoslovak Socialist Republic and Senegal on air transport
Government of the Czechoslovak Socialist Republic and Government of the Republic of Senegal
Desiring to facilitate the development of air transport between Czechoslovakia and Senegal and to apply international cooperation as widely as possible in this area,
Desiring to apply to such transport the principles and provisions of the Convention on International Civil Aviation, signed in Chicago on 7 December 1944, have been agreed as follows:
General provisions
The Contracting Parties shall grant each other the rights set out in this Agreement for the purpose of establishing international civilian links listed in the Annex to this Agreement.
In implementing this Agreement and its Annexes:
1. the term "territory" shall have the meaning set out in Article 2 of the Convention on International Civil Aviation;
2. the term "aviation authorities" means:
as regards Czechoslovakia, the Ministry of Transport and Communications, the Aviation Department;
as regards Senegal, Ministry of Transport and Communications;
3. the term "agreed services" means the air services listed in the Route List, which is part of the Annex to this Agreement;
4. the term "designated undertaking" shall mean an air undertaking which, by one of the Contracting Parties, will be notified in writing to the other Contracting Party pursuant to Title II of this Agreement as having the right to operate the agreed air services.
1. Aircraft used in international transport by air undertakings designated by one Contracting Party as well as their usual equipment, fuel and lubricating supplies, on board supplies (including food, beverages and tobacco) shall be exempt from all customs duties, inspection fees and other similar charges on condition that such equipment and supplies remain on board aircraft until re-export.
2. With the exception of fees and charges for services rendered, they shall also be exempt from the fees and charges referred to in paragraph 1:
(a) on-board stocks of any origin taken over in the territory of one Contracting Party and loaded on aircraft providing the international line of the other Contracting Party;
(b) spare parts imported into the territory of one Contracting Party for the maintenance or repair of aircraft used for international flights by airlines of the other Contracting Party;
(c) propellants and lubricants intended for aircraft used in international transport by air undertakings of the other Contracting Party, even if these stocks are to be used on a part of the line above the territory of the Contracting Party where they were taken on board.
3. propellants, lubricants, spare parts, normal aircraft equipment and on-board supplies intended for the use of agreed services may be stored at airports of one Contracting Party for which a designated air undertaking of the other Contracting Party is flying. Such storage shall take place after the agreement of the customs authorities which supervise the material and supplies until they are re-exported or cleared.
1. The laws and regulations of each Contracting Party concerning the entry into, or exit from, its territory by aircraft operating international flights or concerning the operation and flight of such aircraft over its territory shall apply to aircraft of an undertaking or undertakings of another Contracting Party.
2. Passengers, crew and consignors of goods must comply either in person or through a third party acting on their behalf and for them with the laws, regulations and regulations governing the entry, stay and exit of passengers, crews or goods, i.e. the laws and regulations governing entry, formalities for handling, immigration, customs duties and measures resulting from health regulations.
Subject to the provisions of Article 12, each Contracting Party shall reserve the right to refuse an undertaking designated by the other Contracting Party an operating authorisation or revoke such an authorisation if it considers justified that it does not have evidence that a substantial part of the ownership and actual management of that undertaking belongs to the other Contracting Party or its members, or if that undertaking does not comply with the laws and regulations referred to in Article 4, or otherwise fails to comply with the obligations laid down in this Agreement.
Such a measure may only be taken after the previous negotiations referred to in Article 6, unless it is necessary to immediately cease operations in order to prevent further infringements of laws and regulations.
Each Contracting Party may at any time request negotiations between the competent authorities of both Contracting Parties for any amendment to this Agreement.
This meeting shall begin no later than 60 days after receipt of the request.
Amendments to this Agreement to be negotiated shall enter into force by confirming them by exchanging notes by diplomatic means.
Each Contracting Party may at any time notify the other Contracting Party of its wish to terminate this Agreement. This notification shall be communicated simultaneously to the International Civil Aviation Organisation. The denunciation shall take effect one year after receipt of the notification by the other Party, unless such notification is withdrawn before the expiry of that period by common agreement. If a Contracting Party receiving such a notification does not confirm its income, it shall be assumed that the notification was accepted 15 days after the date of its receipt at the International Civil Aviation Organisation.
1. If any conflict arises between the Contracting Parties in the interpretation or implementation of this Agreement and its Annexes, the Contracting Parties shall resolve it by direct negotiation between their aviation authorities or, failing that, by diplomatic means.
2. If the result is not achieved within 90 days by this direct negotiation, the parties shall present the dispute to arbitration. To this end, it shall designate a special arbitration panel composed of three members. The first two shall be appointed by the Parties and the third shall be designated by the two arbitrators. If both arbitrators do not agree to appoint a third arbitrator, the Parties shall invite the International Civil Aviation Organisation to appoint a third arbitrator to be the Chairman of the arbitration panel.
3. The Contracting Parties undertake to comply with any decision given within the meaning of this Article.
4. If one of the Parties does not comply with the decisions of the arbitrators, the other Contracting Party may, as long as this does not happen, restrict the rights and privileges, suspend their exercise or revoke the rights and privileges which it has granted under this Agreement to a Contracting Party which is in an unlawful state. Each Party shall pay expenses relating to the activities of its arbitrator and half of the expenses of the designated Chairperson.
Agreed services
The Government of the Czechoslovak Socialist Republic shall provide the Government of the Republic of Senegal and the Government of the Republic of Senegal shall grant the Government of the Czechoslovak Socialist Republic the right to operate air services listed in the List of routes in the Annex to this Agreement by one or more designated airlines.
1. Subject to the provisions of Article 5, each Contracting Party shall issue, without delay, the necessary operational authorisation to the undertaking of the other Contracting Party.
2. Before the designated firm is authorised to start the agreed services, it may be invited to demonstrate to the air authority of the other Contracting Party that it fulfils the conditions laid down by the laws and regulations normally applied by that air services authority.
The airline or airlines designated by the Government of the Czechoslovak Socialist Republic under this Agreement will have the right to land and load passengers, mail and goods on Senegal territory in international transport as regards the Czechoslovak landing points and routes listed in the attached Annex.
The airline or airlines designated by the Government of the Republic of Senegal under this Agreement will have the right to land and load passengers, mail and goods on the Czechoslovak territory in international transport as regards Senegal landing sites and routes listed in the attached Annex.
Notwithstanding the provisions of Article 5: The Agreement will allow the Contracting Party to designate an Air Transport Joint Undertaking established pursuant to Articles 77 and 79 of the Convention on International Civil Aviation, signed in Chicago on 7 December 1944.
Undertakings designated by each of the two Contracting Parties shall be provided with correct and fair treatment in order to have equal opportunities to operate the agreed services.
On common lines, they must take into account each other's interests so that one undertaking does not interfere inappropriately with the services of the other undertaking.
1. The operation of services between the Czechoslovak territory and the Senegalese territory or vice versa on the lines listed in the List annexed to this Agreement is a fundamental and paramount right for both countries.
2. For the following services:
(a) transport capacity will be divided equally between Czechoslovak and Senegal undertakings.
This allocation shall take into account the involvement of intermediate sites and the reservations contained in paragraph (c);
(b) the total transport capacity on each route shall be adapted to the needs which can reasonably be foreseen.
In order to meet the requirements of unforeseen or temporary transport on these routes, designated airlines must agree among themselves appropriate measures to satisfy this temporary increase in traffic.
They shall immediately inform the aviation authorities of their countries which may consult if they consider it useful;
(c) in the event that one of the Contracting Parties would not wish to make use of either the part or the whole of the transport capacity which it has been authorised to use on one or more lines, it shall agree with the other for a certain period of time the transfer of the whole or part of the capacity which it has at its disposal to the extent specified.
A Contracting Party which transfers all or part of its rights may re-take them after the agreed period.
1. At the latest 30 days before the operation of the agreed services, designated airlines shall inform the aviation authorities of both Contracting Parties of the nature of the traffic, the types of aircraft used and the scheduled timetables. The same principle applies to all subsequent amendments, except temporary amendments.
2. The air authorities of each Contracting Party shall, upon request to the air authorities of the other Contracting Party, provide all regular or other statistics on designated undertakings which may be legally requested for the control of transport capacity offered by the designated undertaking of the first Contracting Party. These statistics shall include the data necessary to determine the volume of transport with the territory of the other Contracting Party, according to the places of loading and unloading on the lines listed in the Annex to this Agreement.
The air authorities of both Contracting Parties have agreed to consult whenever necessary to ensure close cooperation and coordination of their air services.
1. The tariffs used for agreed services under this Agreement shall be determined as far as possible by agreement between the designated undertakings.
These undertakings will proceed in a direct agreement and if necessary in consultation with third-country air transport undertakings operating the same route or part thereof.
2. The tariffs thus determined shall be submitted for approval to the aviation authorities of each Contracting Party at least 30 days before their expected entry into force; that period may be reduced in specific cases with the agreement of those authorities.
3. If designated airlines disagree to establish a tariff in accordance with the provisions of paragraph 1 above, or if one of the Contracting Parties disagrees with the tariff submitted to it under the provisions of paragraph 2 above, the aviation authorities of the two Contracting Parties shall endeavour to reach a satisfactory solution.
Arbitration under Article 8 of this Agreement shall be used if not so.
In the absence of an arbitration finding, the Contracting Party which has expressed its opposition shall have the right to require the other Contracting Party to use the charges previously in force.
Air undertakings designated by each of the Contracting Parties shall be entitled to maintain in the territory of the other Contracting Party the technical and commercial personnel necessary for the proper operation of the services, subject to compliance with the applicable rules.
Each Contracting Party undertakes to ensure, on an official course, the free transfer of the net profit achieved in its territory in respect of the carriage of passengers, baggage, mail and goods carried out by the designated undertaking of the other Contracting Party. Where payment between the Contracting Parties is regulated by a specific agreement, the application of this Agreement may be proposed.
FINAL PROVISIONS
This Agreement shall be provisionally implemented from the date of signature. It shall enter into force one month after the two Parties have notified each other of its approval under their internal laws.
This Agreement and its Annex will be sent for registration to the International Civil Aviation Organisation.
Dane in Prague on 20 June 1962 in duplicate in the Czech and French languages, both texts being equally authentic.
For the Government
Czechoslovak Socialist Republic
Viliam Širočý v. r.
For the Government
The Republic of Senegal
Mamadou Dia v. r.
ANNEX
Line list
I.
Senegal lines:
1. from Dakar to Prague and back
2. from Dakar via Algiers and Zurich to Prague and further to some place in Europe and back.
II.
Czechoslovak lines:
1. from Prague to Dakar and back
2. from Prague to Dakar and further to three places in South America and back.
1. The designated undertaking of one Contracting Party may, at its discretion, omit any place on one or other of the designated lines for all or some years.
2. An undertaking designated by one of the Contracting Parties will be able to fly to one or more places not listed in the Route List; However, it shall not be possible to exercise the transport rights between that place or those places and the territory of the other Contracting Party unless the other Contracting Party provides them in particular.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 13 / 1963 Coll., on the Agreement between the Czechoslovak Socialist Republic and the Republic of Senegal on Air Transport |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.02.1963 |
|---|---|
| Effective from | 11.01.1963 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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