Decree No 14 / 1966 Coll.
Decree of the Minister for Foreign Affairs on the Air Transport Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Burmese Union
Valid
Effective from 15.12.1965
14
DECLARATION
Minister for Foreign Affairs
of 1 February 1966
on the Air Transport Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Burmese Union
On 15 December 1965, the Agreement on Air Transport between the Government of the Czechoslovak Socialist Republic and the Government of the Burmese Union was signed in Prague.
The Agreement entered into force on the date of its signature, 15 December 1965, on the basis of Article 17 thereof.
The Czech translation of the Agreement is announced simultaneously.
David v. r.
AGREEMENT
on air transport between the Government of the Czechoslovak Socialist Republic and the Government of the Burmese Union
Government of the Czechoslovak Socialist Republic and Government of the Burmese Union
led by the desire to conclude an agreement with a view to establishing direct air connections between its territory
appoint to that end authorised representatives who have agreed as follows:
For the purposes of this Agreement, its Annexes and the List of Lines, unless otherwise specified in the text
1. the term 'aviation authorities' shall mean, as regards the Czechoslovak Socialist Republic, the Ministry of Transport - Civil Aviation Administration or any person or authority authorised to carry out the tasks now performed by the Ministry of Transport - Civil Aviation and, as regards the Burmese Union, the Ministry of Transport and Communications, or any person or authority authorised to carry out the tasks now performed by the Ministry of Transport and Communications;
2. the term "designated airline" means an air undertaking which has been notified in writing by the aviation authorities of one of the Contracting Parties to the air authorities of the other Contracting Party as designated in accordance with Article 3 of this Agreement to operate the agreed services;
3. the term "air service" means any scheduled air service operated by an aircraft used for the public transport of passengers, mail or goods;
4. the term "international air service" means an air service that passes through the airspace over the territory of more than one State;
5. the term "agreed services" shall mean international air services listed in the Annex to this Agreement and the lists of lines I and II.
1. Each Contracting Party shall grant the rights set out in the Annex to this Agreement to the other Contracting Party in order to establish agreed services. Such services may be initiated immediately or at a later date at the request of the Contracting Party providing such rights.
2. The flights for aircraft used in the operation of the agreed services and points of cross-border crossing shall be determined by each Contracting Party for its territory.
Each of the agreed services may be put into service as soon as a Contracting Party to which a right has been granted by Article 2 (1) to designate an air undertaking for the route concerned has entrusted the air undertaking for that route and the Contracting Party providing the right is obliged, subject to the provisions of Article 9 of this Agreement, to grant that air undertaking an appropriate operating authorisation, provided that the air undertaking so designated may be invited to demonstrate to the relevant air services authorities of the Contracting Party providing the right that it is competent to comply with the conditions laid down by the laws and regulations which those authorities normally apply before authorising the operation of services under this Agreement.
1. The tariffs for the carriage of passengers, baggage, goods and mail on the routes listed in the List of Lines of this Agreement shall be set at an appropriate level, taking into account all relevant facts, including the relative economy of operation and reasonable profit. These tariffs will have the same minimum level for designated airlines of both Contracting Parties on the same or corresponding routes or sections.
2. The minimum tariff level for each route specified in the Line Lists of this Agreement and for each section thereof shall be established by agreement between the designated airlines. The minimum tariff level thus agreed will be subject to approval by the air authorities of both Contracting Parties. If the designated airlines are not assessed or if the minimum tariff level is not approved as required by this paragraph, the aviation authorities of the two Contracting Parties shall endeavour to reach agreement on their own.
3. If the air authorities fail to agree to approve any tariff submitted to them for approval pursuant to paragraph 1 of this Article or to establish any tariff pursuant to paragraph 2 of this Article, the discrepancy shall be dealt with in accordance with Article 13.
4. With the exception of Article 13, no tariff shall enter into force unless agreed by the authorities of the two Contracting Parties. Until new tariffs are fixed or adjusted in accordance with this Article, the current tariffs will apply.
Each Contracting Party shall take measures to ensure the transfer of revenue received within its territory from the carriage of passengers, baggage, goods and mail by a designated air carrier of the other Contracting Party to the country of origin, after deduction of local costs and of foreign exchange rules which may apply from time to time in its territory.
In order to ensure equal treatment, both Parties agree that:
1. Each Contracting Party may impose or allow the designated aeronautical undertaking of the other Contracting Party to impose, on a reciprocal basis, fair and proportionate charges for the use of designated airports and other facilities under its management. However, both Contracting Parties agree that these fees will not be higher than those paid for the use of these airports and other facilities by their national aircraft operating similar international services.
2. Propellants, lubricating oils and spare parts imported into the territory of one Contracting Party by, or for, another Contracting Party's air undertaking and intended exclusively for use in aircraft of a designated air undertaking of that Contracting Party shall be treated as regards the imposition of customs duties, inspection fees or similar national taxes and charges by the first Contracting Party, no less favourably than in the case of a national air undertaking or in the case of an airline of the State of the most favoured State.
3. The aircraft of a designated air undertaking of one Contracting Party used for the operation of the agreed services, as well as fuel, spare parts, usual equipment and supplies on board aircraft, shall be exempt from customs duties, inspection fees or similar taxes or levies when arriving in the territory of the other Contracting Party or on departure, even if such supplies are used or consumed in flight over that territory.
The certificates of competence to fly, diplomas and aviation licences issued or valid recognised by one Contracting Party and still valid shall be recognised by the other Contracting Party as valid for the purpose of operating the agreed services, subject to the condition that the conditions under which such certificates or certificates or certificates have been issued or recognised as valid are equal to or more stringent than the minimum national conditions which the Contracting Parties may lay down from time to time. However, each Contracting Party reserves the right not to recognise as valid for flights above its territory diplomas or air licences issued to its nationals by another State.
1. The laws and regulations of one Contracting Party which apply in its territory to the entry or exit of aircraft used for international flying, or which apply to the operation and flight of such aircraft, if they are in its territory, shall apply to aircraft of an air undertaking designated by the other Contracting Party and shall be observed at the entry into, exit from, or stay in, the territory of the first Contracting Party.
2. The laws and regulations of one Contracting Party relating to the entry into, or exit of, its territory of passengers, crews or cargo, such as entry, handling, immigration, passports, customs and quarantine, shall be complied with as regards passengers, crew or cargo of an air undertaking designated by the other Contracting Party when entering, leaving or staying in the territory of the first Contracting Party. Passengers in transit through the territory of one Contracting Party shall be subject to a simplified check. Luggage and cargo shall be exempt from customs duties, inspection fees or similar charges in the event of direct transit.
Notwithstanding the provisions of Article 16, each Contracting Party reserves the right to revoke or revoke the use of the rights set out in the Annex to this Agreement by an air undertaking designated by the other Contracting Party unless it is satisfied that the major part of the ownership and actual management of that air undertaking belongs to the members of the other Contracting Party or, where that air undertaking or the competent government does not comply with the laws and regulations referred to in Article 8 or otherwise fails to comply with the following conditions or conditions under which the rights are granted in accordance with this Agreement.
This Agreement and any subsequent amendments thereto shall be registered with the International Civil Aviation Organisation.
If one of the Contracting Parties considers it desirable to amend this Agreement, its Annex or the List of Lines, it may request consultations between the aviation authorities of both Contracting Parties. Such consultation shall begin within 60 days of the date of the request. All such agreed amendments shall enter into force as soon as they are confirmed by exchange of diplomatic notes.
If the General Multilateral Air Transport Convention, to be adopted by both Contracting Parties, enters into force, this Agreement shall be amended to comply with the provisions of that Convention.
If not in this The Agreement or its Annex, as otherwise provided for, shall be resolved by diplomatic means by any dispute between the Contracting Parties concerning the interpretation or implementation of this Agreement which will not be resolved by direct negotiations between the Air Authorities of the Contracting Parties.
1. The changes to the lines described in the lists of lines I and II carried out by either Contracting Party, with the exception of changes to the locations in the territory of the Contracting Party to which the designated aeronautical undertaking of the other Contracting Party is flying, shall not be considered as amendments to the Annex. Therefore, the air authorities of both Contracting Parties may make such changes unilaterally, provided that the notification of any change is presented without delay to the air authorities of the other Contracting Party.
2. If the air authorities of the other Contracting Party find that, in view of the principles set out in paragraph 7 of the Annex to this Agreement, the interests of their designated air undertaking are damaged by a transport carried out by the designated air undertaking of the first Contracting Party between the territory of the other Contracting Party and a new place in the territory of a third State, the air authorities of the two Contracting Parties shall consult to reach a satisfactory agreement.
1. When coordinating air transport, commercial activity and aircraft operations, each Contracting Party shall provide the air undertaking of the other Contracting Party effectively operating the agreed services in its territory with the right to have representatives, their Deputy and technicians in that territory.
2. Representatives of the airlines designated by the Contracting Parties, their Deputy and the technicians listed in this Article shall be nationals of one of the Contracting Parties.
Each Contracting Party may at any time notify the other Contracting Party of its intention to terminate this Agreement. The notification shall be sent simultaneously to the International Civil Aviation Organisation. In the event that such notification has been made, the Agreement shall expire one year after the date on which it was received by the other Party, unless it is withdrawn by agreement between the Parties before the expiry of that period. If the other Contracting Party does not confirm that it has received the notification, it shall be deemed to have taken place 14 days after its delivery to the International Civil Aviation Organisation.
This Agreement, including its Annex and the List of Lines, shall enter into force on the date of signature.
In evidence of the signed agents who were duly empowered by their governments, this Agreement was signed.
Dane in Prague on 15 December 1965 in duplicate in English.
For the Government of the Czechoslovak Socialist Republic:
E. J. Dufek v. r.
For the Government of the Union of Burma:
U Ba Ni v. r.
Annex
to the Air Transport Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Burmese Union
1. The Government of the Czechoslovak Socialist Republic grants the Government of the Burmese Union the right to operate the agreed services on the lines listed in the List of Lines I in accordance with the conditions set out in this Annex. The airline designated by the Government of the Burmese Union to operate the agreed services is Burma Airways.
2. The Government of the Burmese Union grants the Government of the Czechoslovak Socialist Republic the right to operate the agreed services on the lines listed in the List of Lines II in accordance with the conditions laid down in this Annex. The airline designated by the Government of the Czechoslovak Socialist Republic to operate the agreed services are Czechoslovak airlines.
3. An air undertaking designated by each Contracting Party in accordance with the conditions laid down in this Agreement shall enjoy, in the territory of the other Contracting Party, the right to carry out flights without landing, land for non-commercial and commercial purposes, as well as the right to use major and alternate airports and other flight facilities. The designated airline will have the right to bring in and transport passengers, goods and mail on a commercial basis in international transport.
4. The air transport opportunities available to passengers to the public will be closely in line with the public requirements for this transport.
5. Air undertakings of the Contracting Parties shall have a fair and equal opportunity to operate on any route between the territory of both Parties covered by this Agreement.
6. When operating the international air services listed in this Annex, the designated aeronautical undertaking of each Contracting Party shall take into account the interest of the designated air undertaking of the other Contracting Party in such a way as not to interfere in an inappropriate way with the services that that undertaking of the other Contracting Party operates on the same lines, whether in whole or in part.
7. The two Contracting Parties agree that the priority objective of the services provided by the designated airline in accordance with this Agreement will be to provide capacity corresponding to the transport demand between the State to which the undertaking belongs and the State of final destination of the shipment. The right to load and land at the site of the other Contracting Party on the lines listed in the List of Lines of this Agreement, whether intended for or coming from third countries, shall be exercised in accordance with the general principles of orderly development to which both Contracting Parties are subject and in accordance with the general principle that capacity is to be consistent with:
(a) the transport requirements between the country of departure and the country of destination;
(b) with the requirements of operations on air traffic services;
(c) transport requirements in the area covered by the air route, after taking into account local and regional services.
8. Should a designated air undertaking of one Contracting Party be temporarily prevented from making immediate use of the option referred to in paragraph 5 as a result of difficulties arising from force majeure, the situation shall be reassessed between the air authorities of the Contracting Parties.
9. Both Parties intend to have regular and frequent consultations between the competent aviation authorities in order to achieve close cooperation in compliance with the principles and in the implementation of the measures set out in this Agreement.
List of lines I.
For a Czechoslovak designated airline:
| Místa v Československu | Mezilehlá místa | Místa v Barmském svazu | Místa dále |
|---|---|---|---|
| Praha | mezilehlá místa v jižní a jihovýchodní Evropě, která budou dohodnuta —Káhira — Bejrút — Damašek — Bagdád — Dhahran — Bahrein — Kuvajt —Teherán — Kábul — Karáčí — Bombaj | Rangún | Phnom-Penh, Djakarta a místo „dále“, které bude dohodnuto |
List of lines II
For a Burmese designated airline:
| Místa v Barmském svazu | Mezilehlá místa | Místa v Československu | Místa dále |
|---|---|---|---|
| Rangún | Kalkata nebo Dillí — Karáčí — Kábul — Teherán — Kuvajt — Bahrein —Dhahran — Bagdád — Damašek — Bejrút — Káhira mezilehlá místa v jižní a jihovýchodní Evropě, která budou dohodnuta | Praha | místo v západním Německu, místo v Evropě, které bude dohodnuto; Londýn |
Note:
1. Any air undertaking designated to operate the agreed services may conduct flights in both directions between any agreed service sites, with the missed landing at one or more agreed service sites.
2. In order to determine the places to be agreed, direct negotiations between the aviation authorities of the two Contracting Parties shall take place and their recommendations shall enter into force as soon as they are confirmed by exchange of diplomatic notes.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 14 / 1966 Coll., on the Air Transport Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Burmese Union |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.02.1966 |
|---|---|
| Effective from | 15.12.1965 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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