Communication from the Ministry of Foreign Affairs No. 142 / 1999 Coll.

Communication from the Ministry of Foreign Affairs on the negotiation of the Agreement between the Government of the Czech Republic and the Government of Canada on Air Transport

Valid International Treaty Effective from 13.03.1996
Text versions: 13.07.1999
142
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs states that the Agreement between the Government of the Czech Republic and the Government of Canada on Air Transport was signed in Prague on 13 March 1996.
The Agreement entered into force on 13 March 1996 on the basis of Article XXVI (2) thereof. The Agreement between the Government of the Czechoslovak Socialist Republic and the Government of Canada on Air Transport of 20 March 1969, published under No 44 / 1969 Coll.1, expired on that date.)
The Czech version of the Agreement is hereby published at the same time.
AGREEMENT
between the Government of the Czech Republic and the Government of Canada on Air Transport
Government of the Czech Republic and Government of Canada, hereinafter referred to as "Contracting Parties,"
being parties to the Convention on International Civil Aviation, open for signature in Chicago on the seventh December 1944, and
led by the desire to conclude an agreement with a view to developing air transport relations between and beyond their territories,
agree as follows:
(Definitions)
For the purposes of this Agreement, unless otherwise specified in the text:
(a) the term "air authorities" means, in the case of the Czech Republic, the Ministry of Transport, in the case of Canada, the Minister of Transport and the National Transport Office of Canada, or, in both cases, any other authority or person authorised to perform the functions performed by those authorities;
(b) the term "agreed services" means scheduled air services on flights provided for in this Agreement for the carriage of passengers and goods, including mail, separately or in combination;
(c) the term "Agreement" means this Agreement, the List of Lines, any Attachment thereto and any amendments to the Agreement, the List of Lines or any Annexes thereto;
(d) the term "Convention" means the Convention on International Civil Aviation open for signature in Chicago on 7 December 1944 and includes any Annex adopted pursuant to Article 90 of this Convention and any amendment to the Annexes or to the Convention pursuant to Articles 90 and 94 thereof, provided that those Annexes and amendments have been adopted by both Contracting Parties;
(e) the term "designated air undertaking" means an air undertaking which has been designated and authorised in accordance with Articles IV and V of this Agreement;
(f) the term "tariff" means the prices or charges paid for the carriage of passengers, baggage and goods and the conditions under which such charges or charges are applied, including prices or charges and conditions for other ancillary services, but do not include charges for the carriage of mail;
(g) the terms "territory," "air service," "international air service," "air undertaking" and "non-commercial landing" have the meaning set out for them in Articles 2 and 96 of the Convention.
(Provision of rights)
1. Each Contracting Party shall grant to the other Party the following rights for the performance of international air services by an airline or by airlines designated by that other Contracting Party:
(a) fly without landing through its territory;
(b) land on its territory for needs not commercial; and
(c) unless otherwise provided for in this Agreement, land separately or in combination in its territory when operating the lines provided for in this Agreement for the purpose of loading and unloading of passengers and goods, including mail in international transport.
2. Air undertakings of each Contracting Party, other than those designated under Article IV of this Agreement, shall also enjoy the rights referred to in paragraphs 1 (a) and (b) of this Article.
3. The provisions of paragraph 1 of this Article shall not empower a designated air undertaking of one Contracting Party to dispose of passengers and goods, including mail, in the territory of the State of the other Contracting Party, in return for payment or rent for another place in the territory of that other Contracting Party.
(Exchange of aircraft type)
1. The designated aeronautical undertaking of one Contracting Party may make an amendment to the aircraft type on the routes provided for in this Agreement in the territory of the other Contracting Party or at an intermediate point in third countries under the following conditions:
(a) this is justified by the cost-effectiveness requirement;
(b) the capacity used for the flight on a section of a line further away from the territory of the State of the Contracting Party which has designated the airline will not be greater than that used on the closer section;
(c) an aircraft used on a section further away from the territory of the State of the Contracting Party which has designated the airline shall be operated as an extension of the agreed service provided by the aircraft used on the closer section;
(d) the volume of continued transport is reasonable;
(e) the airline will not indicate, directly or indirectly, whether in the timetables, computer bookkeeping systems, tariff or advertising information, or other similar means, that it provides a service other than the agreed service for the corresponding specified line;
(f) where the agreed service involves a substitution of an aircraft type, this fact on the performance of the service will be indicated in all timetables, computer selling systems, tariff information, advertising and other similar means;
(g) in connection with the landing or departure of any one aircraft, only one flight departing or arriving aircraft shall be operated at the place where the replacement of the aircraft type takes place unless otherwise authorised by the aviation authority of the other Contracting Party; and
(h) The provisions of Article XI of this Agreement shall apply to all measures taken in connection with an aircraft type substitution.
2. The provisions of paragraph 1 of this Article shall not affect the right of an air undertaking to change an aircraft into the territory of the State of the Contracting Party which has designated that air undertaking.
3. The provisions of this Article shall not restrict the ability of an air undertaking to provide services by means of arrangements for the joint designation or for the blocking of the space referred to in the list of lines in this Agreement.
(Identification of airlines)
Each Contracting Party shall have the right to operate the agreed services to designate, by diplomatic note, an air undertaking or airlines and to withdraw the designation of any air undertaking or to replace it previously designated by another airline.
(Air company authorisation)
1. Upon receipt of the designation or replacement report referred to in Article IV of this Agreement, the aviation authority of the other Contracting Party, under the laws and regulations of that Contracting Party, shall, without delay, grant to the air undertaking or airlines the relevant authorisations to operate the agreed services for which the air undertaking has been designated.
2. Upon receipt of these authorisations, an air undertaking may at any time commence the operation of the agreed services, in full or in part, provided that the air undertaking complies with the provisions of this Agreement and in particular that tariffs are set in accordance with the provisions of Article XIV of this Agreement.
(recall and limitation of authorisation)
1. The air authority of each Contracting Party shall have the right to withhold the authorisation referred to in Article V of this Agreement to an air undertaking designated by the other Contracting Party, to revoke, suspend or impose conditions for such authorisations, temporarily or permanently:
(a) in the event that an air undertaking fails to demonstrate its competence under the laws and regulations of a Contracting Party conferring rights, normally and reasonably applicable in accordance with the Convention;
(b) in the event that the air undertaking does not comply with the laws and regulations of the Contracting Party conferring rights;
(c) where it is not convinced that a substantial part of the ownership and effective control of an air undertaking belongs to the Contracting Party which designated the air undertaking or its nationals; and
(d) where the other Party does not respect and maintain the management of the standards referred to in Article VIII and Article IX of this Agreement.
2. If immediate action is not necessary to prevent the abovementioned infringements of the laws and regulations, the rights referred to in paragraph 1 of this Article shall be exercised only after consultation of the aviation authority of the other Contracting Party in accordance with Article XX of this Agreement.
(Application of laws)
1. The laws, regulations and procedures of one Contracting Party relating to the entry, stay or exit from the territory of its State of aircraft operating international flights or to the operation and flying of such aircraft shall be complied with by the designated airline or airlines of the other Contracting Party when entering, leaving and operating in that territory.
(2) The laws and regulations of one Contracting Party relating to the entry, exit, transit, immigration, passports, customs duties, monetary and health measures shall be complied with by the designated airline or airlines of the other Contracting Party and by crew, passengers and cargo, including mail, or on their behalf, in transit, entry, exit and residence in the territory of the State of that Contracting Party.
3. In applying customs, immigration, quarantine and similar provisions, no Contracting Party shall give priority to its own or any other airline over the airline of the other Contracting Party operating similar international air services.
4. Luggage and goods in direct transit through the territory of the State of any Contracting Party shall be exempt from customs and other similar charges.
(Safety standards, certificates and cards)
1. Airworthiness certificates, certificates of qualification and certificates issued or endorsed by one of the Contracting Parties and still effective shall be recognised as valid by the other Contracting Party for the purpose of operating the agreed services, provided that such certificates and certificates have been issued or endorsed as valid under and in accordance with the standards established by the Convention. However, each Contracting Party reserves the right to refuse to recognise diplomas and cards issued by the other Contracting Party to its nationals for flights above its territory.
2. If the privileges and conditions of the diplomas and licences referred to in paragraph 1 above, issued for the operation of the agreed services by an air service provider of one Contracting Party to any person or a designated air undertaking or aircraft, would allow a difference from the standards laid down in the Convention and this difference is reported by the International Civil Aviation Organisation, the air service operator of the other Contracting Party may, under Article XX of this Agreement, require consultations with the aviation authority of the first Contracting Party to clarify this different implementation practice.
3. Each Contracting Party may ask the other Contracting Party for consultations on the issue and maintenance of safety standards for aviation equipment, flight crew, aircraft and operations of designated airlines. If, following such consultations, one of the Contracting Parties finds that the other Contracting Party is inefficient in complying with and insufficiently managing the management of safety standards and requirements in this area in such a way as to at least comply with the minimum standards which may be established under the Convention, the other Contracting Party shall be informed of those findings and of the measures deemed necessary to comply with those minimum standards and shall take appropriate corrective measures. In the event that the other Party fails to take such appropriate measures within a reasonable period of time, the provisions of Article VI shall apply.
(Civil aviation security)
1. The Contracting Parties reaffirm to each other, in accordance with their rights and obligations under international law, that the commitment to protect civil aviation safety against unlawful acts constitutes an integral part of this Agreement.
2. In particular, the Contracting Parties shall, without prejudice to their general rights and obligations under international law, act in accordance with the provisions of the Convention on criminal offences and certain other acts committed on board an aircraft, signed in Tokyo on 14 September 1963, the Convention on the Suppression of Illegal Authorisation for Aircraft, signed in The Hague on 16 December 1970, and the Convention on the Suppression of Illicit Acts on Civil Aviation Security, signed in Montreal on 23 September 1971, and the Protocol on the Suppression of Illicit Violence at aerodromes serving international civil aviation, signed in Montreal on 24 February 1988, and any other multilateral civil aviation protection treaties binding on both Contracting Parties.
3. The Contracting Parties shall, upon request, provide each other with all necessary assistance to prevent acts of unlawful seizure of civil aircraft and other illegal acts against the safety of such aircraft, their passengers and crew, airports and air navigation equipment and any other threat to civil aviation safety.
4. The Parties shall act in accordance with the provisions on civil aviation security laid down by the International Civil Aviation Organisation and referred to as the Annexes to the Convention on International Civil Aviation to the extent that those security provisions are applicable to the Parties; require aircraft operators to register them or aircraft operators having their principal place of business or permanent place of business in the territory of their Member States and airport operators in their territory to act in accordance with such provisions on civil aviation security.
5. Each Contracting Party agrees that its aircraft operators may be required to comply with the provisions on civil aviation security referred to in paragraph 4 above required by the other Contracting Party for entry, exit and residence on its territory. Each Contracting Party shall ensure that adequate measures are effectively applied in the territory of its State to protect aircraft and to control passengers, crews, hand baggage, hold baggage and on-board supplies before and during boarding and loading.
6. Each Contracting Party shall also, with understanding, consider any request from the other Contracting Party for adequate special security measures to face a threat.
7. Each Contracting Party shall have the right, on the basis of a prior notice of at least 60 days (60), to evaluate the security measures implemented by aircraft operators in the territory of the other Contracting Party for flights arriving or departing from its territory. Administrative arrangements for carrying out such an assessment shall be agreed between the aviation authorities and carried out without delay to ensure that the evaluation is carried out within the required time.
8. The Contracting Parties shall assist each other by facilitating the transmission of messages and other relevant measures aimed at the speedy and secure termination of such an act or threat if an act or threat is committed or threatened by an act or a threat of unlawful seizure of a civil aircraft or any other illegal act against the safety of such aircraft, its passengers and crew, airports or navigation equipment.
9. Where a Contracting Party has reasonable grounds to believe that the other Contracting Party has deviated from the provisions of this Article, the first Contracting Party may request immediate consultations with the other Contracting Party. Failure to reach a satisfactory agreement will justify the application of Article VI of this Agreement.
(Use of airports and aeronautical equipment)
1. Fees imposed on the territory of a Contracting Party to a designated airline of the other Contracting Party using aerodromes and other aeronautical equipment shall not be higher than those imposed on any other aircraft operating similar international services.
2. Each Contracting Party shall promote the conduct of consultations between the competent authorities responsible for setting fees and the designated airline using services and equipment and, where possible, through organisations representing airlines. To the appropriate extent, users will be provided with a report on any proposal for changes to user charges to enable them to express their views before making the changes.
3. No Contracting Party shall grant advantages to its own or other air undertaking before the air undertaking of the other Contracting Party, performing similar international air services, when using airports, flights, air traffic services and related facilities under its control.
(Capacity)
1. The designated airlines of both Contracting Parties will have proper and equal opportunities to operate the agreed services.
2. The agreed services operated by the designated airlines of the Contracting Parties will have as their priority the provision, with adequate use of space, of capacity corresponding to the current and reasonably expected requirements for passenger, freight and mail transport between the territories of the Contracting Parties.
3. Each Contracting Party and its designated airline (s) shall take account of the interests of the other Contracting Party and its designated airline (s) in order to avoid undue influence on the services provided by the other.
4. Unless otherwise specified in the List of Lines to this Agreement, designated airlines of the Contracting Parties shall meet and endeavour to reach an agreement on capacity provided on specified lines in accordance with the principles referred to in this Article. Any such agreement shall be subject to the approval of the air authorities of the Contracting Parties. In the absence of an agreement between two or all designated airlines, the matter shall be referred to the aviation authorities of the Contracting Parties which shall endeavour to resolve the matter, if necessary, in accordance with Article XX of this Agreement.
(Statistics)
1. The aeronautical authority of each Contracting Party shall, upon request, provide or ensure that its designated airlines provide the aviation authority of the other Contracting Party with periodic or other statistical data which may reasonably be required for the purpose of assessing the operation of the agreed services and relating to the transport carried out by its designated airlines on the lines provided for in this Agreement, indicating the initial place of departure and the final destination of the shipment.
2. The air authorities of the two Contracting Parties shall maintain close contact with the implementation of paragraph 1 of this Article, including the procedures for providing statistical information.
(Customs provisions)
1. Each Contracting Party shall, to the greatest extent permitted under its law and on the basis of reciprocity, exempt a designated aviation undertaking or undertakings of the other Contracting Party from import restrictions, duties, levies, inspection charges and other national taxes and charges in respect of aircraft, fuel, lubricating oil, consumable technical supplies, spare parts including engines, normal aircraft equipment, aircraft supplies (including alcohol, tobacco and other products intended for flight for sale to passengers in limited quantities) and other items to be or to be used exclusively in connection with the operation or operation of aircraft of the air undertaking concerned, as well as well as flight tickets, air waybill forms, any printed material bearing the company's printed features and the usual recruitment material, free of the airline.
2. Exemptions granted under this Article shall apply to the cases referred to in paragraph 1 of this Article:
(a) imported into or on behalf of the territory of the State of one Contracting Party by or on behalf of the other Contracting Party;
(b) kept on board an aircraft of a designated air undertaking of one Contracting Party when arriving in the territory of the State of the other Contracting Party until departure from it; and
(c) taken on board an aircraft of a designated air undertaking of one Contracting Party in the territory of the State of the other Contracting Party;
whether the goods are used or consumed entirely in the territory of the State of the Party granting the exemption, provided that such goods are not disposed of in the territory of the State of that Party.
3. The normal on-board equipment of the aircraft, as well as material and supplies normally retained on board an aircraft of a designated air undertaking of any Contracting Party, may be landed in the territory of the State of the other Contracting Party only with the agreement of the customs office in that territory. In such cases, they may be placed under customs supervision until they are exported or otherwise disposed of in accordance with customs legislation.
(Tariffs)
1. The tariffs applied by the designated airline or undertakings of one Contracting Party for transport to and from the territory of the State of the other Contracting Party shall be set at an appropriate level, taking into account all relevant factors such as operating costs, reasonable profit, nature of services (such as speed and travel arrangements) and tariffs of other airlines.
2. The designated airlines of the Contracting Parties shall endeavour to agree tariffs either through consultations between two or all designated airlines of the Contracting Parties or through the relevant international tariff coordination mechanism.
3. The tariffs referred to in paragraph 2 of this Article shall be submitted and received by the air authorities of the Contracting Parties at least 30 (30) days before the proposed date of their effectiveness, unless the air authorities of the Contracting Parties allow the air authorities of the Contracting Parties to carry out the notification of tariffs within a shorter period. The tariffs submitted to the aviation authorities of both Contracting Parties shall be formally adjusted to the extent required by the aviation authority of each Contracting Party.
4. If within 15 (15) days of the date of receipt of the air authority of one Contracting Party does not notify the air authority of the other Contracting Party of its opposition to the tariffs submitted to it, those tariffs shall be deemed to have been accepted or approved and shall enter into force on the date specified in the tariff proposal. In the event that a shorter time limit has been allowed by the air authorities to submit the tariff, they may agree that the time limit for notification of disagreement will be less than 15 (15) days.
5. Where a tariff cannot be fixed in accordance with the provisions of paragraph 2 of this Article or where, within a specified period, a notice of disagreement is submitted in accordance with paragraph 4 of this Article, the air authorities of the Contracting Parties shall endeavour to determine the tariff by agreement between themselves.
(a) No tariff shall enter into force if the air authority of any Contracting Party has notified the opposition, unless the tariff decision has been taken in accordance with paragraph 5 of this Article or Article XX of this Agreement.
(b) If the aviation authority of one Contracting Party disagrees with the specified tariff, it shall notify the air authority of the other Contracting Party accordingly, and at the same time the designated airline (s) of both Contracting Parties shall endeavour to establish a new or modified tariff. If, within 30 (30) days of such notification or a shorter period acceptable to both air authorities, the designated airline (s) concerned does not provide an explanation of the expressed disagreement, the air authority which notified the disagreement shall have the right to suspend the tariff concerned and the air authority of the other Party may request immediate consultations between both or all air authorities to resolve the expressed disagreement.
6. If the air authorities cannot agree to fix a tariff in accordance with paragraph 5 or 5 (b) of this Article, any Contracting Party may request that the dispute be resolved in accordance with Article XX of this Agreement.
7. A designated airline (s) of one Contracting Party may notify a competitive tariff to another publicly valid tariff between the same locations either on agreed services or to and from any unagreed point by routing after agreed services. Such tariffs will be comparable to those applied to the air authorities for the same few places. Such a tariff (s) will always be subject to prior and re-validated acceptance or approval by the competent authorities of the countries between which such tariff (s) will be used.
(a) In order to assess the term "comparable 'referred to in paragraph 7 of this Article, the aviation authorities of the Contracting Parties shall take into account the following:
(i) The designated airline (s) of each Contracting Party will have the right to set a comparable service tariff between the territories of the States of the two Contracting Parties to any tariff which is a publicly valid legal tariff for scheduled services or a tariff for the sale of irregular services in small quantities, applicable between the same or adjacent points at regular or non-scheduled services of any of the Contracting Parties, in such a way that the comparable tariff does not necessarily have to be the same, but will in principle be appropriate.
(ii) The tariffs of a designated air carrier (s) of one Contracting Party for transport between the territory of the State of the other Contracting Party and places in third countries may be comparable, for the same class of travel services, but may not be less or less restrictive than those of any scheduled transport of an operating air carrier of the other Contracting Party which is used between the same two locations.
(b) Any tariff applied for under paragraph 7 (a) shall be:
(i) contain satisfactory evidence of the application of the tariff for which a comparison is made and of the conformity of the method of comparison with the requirements of this Article; and
(ii) unless otherwise agreed between the aviation authorities of the Contracting Parties, it shall remain in force only for the period of application of the tariff for scheduled or irregular small-scale transport for which a comparison has been made.
8. The tariff established in accordance with the provisions of this Article shall remain in force during a specified period of validity or until a new tariff is fixed. However, with the exception of paragraph 7 (b) (ii) above, the validity of the tariff shall not be extended by more than 12 (12) months after the date on which the tariff would otherwise have expired, on the basis of the provisions of this paragraph.
9. The air authorities of both Contracting Parties shall endeavour to ensure, as far as possible, that:
(a) the calculated and selected tariffs correspond to those adopted or approved by both aviation authorities; and to
(b) no airline has in any way reduced any part of these tariffs.
10. Where this Article requires written contact, it may be done by means of a letter or any electronic connection the output of which is a printed text such as telegram, telex or fax.
(Sale and transfer of funds)
1. On the basis of reciprocity, the designated airline (s) of each Contracting Party may freely sell air services on the territory of the State of the other Contracting Party and any person may freely purchase such carriage in the currencies accepted by the airline concerned on sale, under the relevant authorisations and in accordance with the applicable national laws and regulations, either directly or at his discretion through intermediaries, in local currency or any freely convertible currency, without any advantage or discrimination against any airline engaged in similar international air services.
2. Each designated aviation undertaking will have the right to recalculate and transfer, on request, funds obtained by the normal conduct of its operations. The conversion and transfer shall be authorised without delay at the prevailing market exchange rate in force on the date of the request for conversion and without any restrictions other than those contained in the applicable foreign exchange rules in the territory of the relevant Contracting Party and shall not be subject to any fees other than the usual handling fees levied by the banks for such transactions.
(Taxation)
1. Each Contracting Party shall exempt the designated airline of the other Contracting Party from all taxes on profits or income arising from the operation of the agreed services.
2. This provision shall cease to apply if a Convention on the avoidance of double taxation in respect of income (and profits) provides for a similar exemption between the two Contracting Parties.
(Air Enterprise Representation)
1. The designated air undertaking or undertakings of one Contracting Party shall be authorised, on the basis of reciprocity, to send and maintain within the territory of the State of the other Contracting Party their representatives and the commercial, operational and technical personnel required in connection with the operation of the agreed services.
2. Such personnel needs may, at the discretion of the designated air undertaking or airlines of one Contracting Party, be secured by its own staff or by the use of the services of any other organisation, company or air undertaking operating in the territory of the State of the other Contracting Party, authorised to perform such services in the territory of the State of that Contracting Party.
3. Representatives and staff shall be subject to the laws and regulations in force in the territory of the State of the other Contracting Party and in accordance with the following laws and regulations:
(a) each Contracting Party shall, on the basis of reciprocity and with minimum delay, grant the necessary work permits, visiting visas and other similar documents for the representatives and staff referred to in paragraph 1 of this Article; and
(b) the requirement for a work permit for personnel carrying out certain temporary duties will be addressed by both Parties by an authorisation not exceeding 30 (30) days.
4. Representative offices shall be established in accordance with and subject to the laws and regulations applicable in the State of the Contracting Party concerned.
(Ground handling)
1. The designated aeronautical undertaking or undertakings of each Contracting Party may carry out their own ground handling or, at their discretion, have such ground handling carried out, in whole or in part, to any intermediary authorised by the competent authorities of the other Contracting Party to provide such services. Where a designated airline cannot carry out its own ground handling under national laws and regulations, such services shall be provided without advantage or discrimination against any airline engaged in similar international air services.
2. The designated airline or undertakings of each Contracting Party may also provide ground handling services, in whole or in part, to other airlines flying to the same airport in the territory of the State of the other Contracting Party.
(Applicability for irregular flights)
1. The provisions referred to in Articles VII (Application of laws), VIII (Safety standards, certificates and cards), IX (Civil Aviation Protection), X (Use of aerodromes and aeronautical equipment), XIII (Customs provisions), XV (Sale and transfer of funds), XVI (Taxation), XVII (Representation of an air undertaking), XVIII (Ground handling) and XX (Consultation) of this Agreement shall also apply to irregular flights carried out by an air carrier of one Contracting Party on or from the territory of the State of the other Contracting Party and to air carriers operating these flights.
2. The provisions of paragraph 1 of this Article shall be without prejudice to national laws and regulations governing the authorisation of scheduled flights or the behaviour of air carriers or other participants involved in the organisation of such flights.
(Consultation)
1. In a spirit of close cooperation, the air authorities of the Contracting Parties shall consult each other from time to time to ensure implementation and satisfactory compliance with the provisions of this Agreement.
2. Such consultations shall begin within 60 (60) days of the date of receipt of the request, unless otherwise agreed by the Parties.
(Amendments to the Agreement)
If either Contracting Party considers it desirable to amend any provision of this Agreement, it may request negotiations with the other Contracting Party. These negotiations, which may be between the aviation authorities and may be conducted by direct negotiation or in writing, shall begin within 60 (60) days of the date of receipt of the request. Any amendment agreed on the basis of these negotiations shall enter into force after the exchange of diplomatic notes.
(Dispute settlement)
1. Any dispute concerning the interpretation or implementation of this Agreement shall be settled by direct negotiation between the air authorities of the Contracting Parties. If the aviation authorities fail to reach an agreement, the dispute shall be settled by negotiation between the Contracting Parties.
2. If the Parties fail to reach a settlement, they may agree to refer the dispute to a person or authority, or any Party may bring the dispute to a decision of the Tribunal of three arbitrators, one of which shall be appointed by each Party, and the third shall be appointed by the two arbitrators. Each Party shall appoint an arbitrator within 60 (60) days of the date of receipt of the diplomatic note from the other Party requesting arbitration proceedings and the third arbitrator shall be appointed within a further 60 (60) days. If any Contracting Party does not appoint an arbitrator within the prescribed time limit or if the third arbitrator is not appointed within the prescribed time limit, any Contracting Party may be requested by the President of the International Civil Aviation Organisation to appoint an arbitrator or arbitrators as required by the case. If the President has the nationality of one of the Contracting Parties, the oldest of the Vice-Presidents who is not unfit for the same reason, he shall make an appointment. In all cases, the third arbitrator shall be a national of a third State, shall be appointed by the President of the Tribunal and shall specify the place where the arbitration procedure will take place.
3. The Contracting Parties shall submit to any decision taken pursuant to paragraph 2 of this Article.
4. The costs of the arbitration panel shall be borne by the Parties equally.
5. Where, and for a period when any Contracting Party fails to comply with any of the decisions referred to in paragraph 2 of this Article, the other Contracting Party may restrict, suspend or revoke any rights or privileges which it has granted under this Agreement to a Contracting Party which does not comply with a decision or to a designated aviation undertaking which does not comply with a decision.
(Termination)
Each Contracting Party may notify the other Contracting Party in writing at any time after the entry into force of this Agreement by diplomatic means of its decision to terminate this Agreement. This notification will also be sent to the International Civil Aviation Organisation. The Agreement shall expire one (1) year after the date on which the notification was received by the other Contracting Party, unless such notice of termination is withdrawn by mutual agreement before the expiry of that period. Where confirmation of receipt of a notification by the other Party is missing, the notification shall be deemed to have been received 14 (14) days after receipt by the International Civil Aviation Organisation.
(Registration with the International Civil Aviation Organisation)
This Agreement and any amendment thereto shall be registered with the International Civil Aviation Organisation.
(Multilateral conventions)
If the General Multilateral Aviation Convention enters into force for both Parties, the provisions of that Convention shall be decisive. In accordance with Article XX of this Agreement, consultations may be held to determine the extent to which this Agreement will be affected by the provisions of the multilateral convention.
(Entry into force)
1. Once this Agreement enters into force, the Air Transport Agreement between the Government of the Czechoslovak Socialist Republic and the Government of Canada, signed on 20 March 1969, as amended, will cease to apply to the Government of the Czech Republic and the Government of Canada.
This Agreement shall enter into force on the date of signature.
(Headings)
Headings used in this The agreements are for appeal only.
To prove this, the undersigned, duly empowered by their governments, signed this Agreement.
Done in duplicate in Prague on 13 March 1996 in the Czech, English and French languages, all texts being equally authentic.
For the Government of the Czech Republic:
Vladimir Budinský v. r.
Minister for Transport
For the Government of Canada:
A. C. Eggleton v. r.
Minister for International Trade
LIST OF LINES

The designated airline or airlines of Canada will be able to operate the following routes:
Místo odletuMezilehlá místaMísto určení v České republiceMísta dále
Jakékoli místo nebo místa
v Kanadě
Jakékoli místo nebo místa
v Evropě určená Kanadou
Praha,
jedno další místo
v České republice určené Kanadou
Jakékoli místo nebo místa
v Evropě určená Kanadou
Notes:
1. When operating the agreed services on the lines set out in this Line List, the air undertaking or airlines designated by the Government of Canada shall have the following rights:

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Regulation Information

CitationCommunication from the Ministry of Foreign Affairs No. 142 / 1999 Coll., on the negotiation of the Agreement between the Government of the Czech Republic and the Government of Canada on Air Transport
Regulation TypeInternational Treaty
Author-
CollectionCode of Laws
Date of Promulgation13.07.1999
Effective from13.03.1996
Effective until-
Status Valid
The regulation text is for informational purposes only.
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