Decree of the Ministry of Foreign Affairs No. 193 / 1964 Coll.
Decree of the Minister for Foreign Affairs on the Agreement between the Czechoslovak Socialist Republic and the Republic of Tunisia on Air Transport
Valid
Effective from 24.07.1964
193
DECLARATION
Minister for Foreign Affairs
of 30 September 1964
concerning the Agreement between the Czechoslovak Socialist Republic and the Republic of Tunisia on air transport
On 1 February 1963, the Agreement between the Czechoslovak Socialist Republic and the Republic of Tunisia on Air Transport was signed in Tunis.
The Agreement pursuant to Article 19 has entered into force in exchange for a note from both parties on its approval, i.e. on 24 July 1964.
The Czech version of the Agreement is hereby published at the same time.
David v. r.
AGREEMENT
between the Czechoslovak Socialist Republic and the Republic of Tunisia on air transport
Government of the Czechoslovak Socialist Republic and Government of Tunisia
led by the desire to assist the development of air transport between the Czechoslovak Socialist Republic and the Republic of Tunisia and to undertake the widest possible international cooperation in this area,
Desiring to apply to this transport the principles and provisions of the Convention on International Civil Aviation signed in Chicago on 7 December 1944,
they have agreed as follows:
When implementing this Agreement and its Annexes:
(a) the term "Convention" shall mean the Convention on International Civil Aviation signed in Chicago on 7 December 1944 and any amendments thereto adopted in accordance with the provisions of this Convention;
(b) the word "territory" shall have the meaning laid down in Article 2 of the Convention;
(c) the term "aviation authorities" means:
- as regards Czechoslovakia, the Ministry of Transport, the Aviation Department,
- as regards Tunisia, the State Secretariat of Public Works and Home Property, the Administration of Air and Maritime Transport, or, in both cases, any person or body responsible for carrying out the tasks carried out by those authorities;
(d) the term "agreed services" means the air services listed in the list of lines contained in Annex I to this Agreement;
(e) the term "designated undertaking" shall mean any air transport undertaking chosen by one of the Contracting Parties to operate the agreed services listed in Annex I and the designation of which shall be notified to the air authorities of the other Contracting Party in accordance with the provisions of Article 8 of this Agreement.
(a) The laws and regulations of each Contracting Party relating to the entry into its territory or the exit of aircraft used in international transport or the operation and flight of such aircraft during their stay in its territory shall apply to aircraft of a designated undertaking or undertakings of the other Contracting Party.
(b) Passengers, aircraft crews and freight consignors shall be subject, either personally or through a third party acting on their behalf and on their behalf, to the laws and regulations under which the entry, residence and exit of passengers, crews and goods such as entry, exit, immigration, passports, customs duties and quarantine are governed on the territory of each Contracting Party.
(a) It is agreed between the Contracting Parties that aircraft of a designated undertaking or undertakings of one Contracting Party used in international traffic, as well as fuel, lubricating oil, spare parts, needs, normal facilities and supplies on board aircraft shall be fully exempt from customs duties and other charges and charges on their departure.
(b) Fuel, lubricating oil and on-board supplies taken on board aircraft in the territory of one of the Contracting Parties for use by such aircraft in international operations by a designated undertaking or undertakings of the other Contracting Party shall be wholly exempt from customs duties and other charges and charges.
(c) With the exception of fees for services performed, they shall also be exempt from customs duties and other charges and levies on replacement parts, supplies and equipment imported and used in the territory of one Contracting Party for the maintenance or repair of aircraft of a designated undertaking or undertakings of another Contracting Party used in international operations.
(d) The beneficiaries of the preferential arrangements provided for in paragraphs (a), (b) and (c) of this Article may not be disposed of unless the competent authorities so agree and may be stored at the airports of the other Contracting Party by a designated undertaking or undertakings of one Contracting Party. In the event that these articles are neither consumed nor put on an aircraft, they may be re-exported without subjecting customs duties and other charges and levies.
(e) Articles exempt from customs duties and other charges and levies referred to in paragraphs (a), (b) and (c) of this Article shall remain at the disposal of the undertaking of which they are owned but under the appropriate customs supervision.
Each Party shall grant the designated undertaking or undertakings of the other Party the right to transfer to its head office in accordance with the provisions of the applicable payment agreement governing the financial relations between the two Contracting Parties, minus the costs resulting from the operation of the agreed services.
The designated undertaking or undertakings of each of the Contracting Parties shall be entitled to maintain in the territory of the other Contracting Party technical and commercial personnel within a reasonable number of services performed.
(a) Each Contracting Party shall grant the undertaking designated by the other Contracting Party the right:
1. fly over without landing its territory;
2. land on its territory for needs not commercial.
(b) In order to implement paragraph (a) of this Article, each Contracting Party shall be able to determine flights to be carried out over its territory by a designated undertaking or undertakings of the other Contracting Party as well as airports which may be used.
The Government of the Czechoslovak Socialist Republic grants the Government of the Republic of Tunisia the right to operate one or more of the agreed services listed in the List of Lines contained in Annex I to this Agreement.
The Government of the Republic of Tunisia grants the Government of the Czechoslovak Socialist Republic the right to operate, by one or more designated undertakings, the agreed services listed in the List of Lines contained in Annex I to this Agreement.
(a) The agreed services may be operated immediately or at a later date, at the request of the Contracting Party, which shall be granted rights provided that:
1. a Contracting Party to which rights have been granted has designated one or more air transport undertakings to operate one or more agreed services;
2. The Contracting Party granting the rights shall, under the conditions referred to in paragraph (b) of this Article, grant the relevant undertaking or undertakings the required operational authorisation to be issued as soon as possible subject to the provisions of Article 9 of this Agreement.
(b) Designated undertakings may be invited to provide the air authorities of the Contracting Party providing the rights with proof that they are in a position to satisfy the requirements laid down by the laws and regulations normally applied by those authorities in the activities of air transport undertakings.
Each Contracting Party shall reserve the right to refuse or revoke an operating authorisation foreseen by Article 8 of this Agreement to a designated undertaking of the other Contracting Party if it reasonably considers that it has no evidence that the bulk of the ownership and effective control of that undertaking are in the hands of the other Contracting Party or its nationals, or if that undertaking does not comply with the laws and regulations referred to in Article 2 or fails to comply with the obligations imposed by this Agreement and its Annexes.
However, the implementation of this provision will not prevent the Contracting Parties from operating the agreed services by joint operational organisations foreseen by Article 77 of the Convention.
The undertaking or undertakings designated by the Government of the Czechoslovak Socialist Republic under this Agreement will be entitled to land and load passengers, mail and goods in the territory of the Republic of Tunisia at the landing points and on the Czechoslovak lines listed in Annex I to this Agreement.
The undertaking or undertakings designated by the Government of the Republic of Tunisia under this Agreement shall have the right to land and load passengers, mail and goods in international transport within the territory of the Czechoslovak Socialist Republic at the landing points and on the Tunisian routes listed in Annex I to this Agreement.
Undertakings designated by each Contracting Party shall have the same rights to operate the agreed services between the territories of both Contracting Parties.
On common routes, designated undertakings will take into account each other's interests so that they do not unduly affect the services of the other Party.
On each of the lines contained in the Annex Even this agreement will have the primary objective of the agreed services, with a reasonable utilisation coefficient, to put into service such capacity that corresponds to normal and reasonably foreseeable demand on the line.
The undertaking or undertakings designated by one of the Contracting Parties will be able to satisfy, within the limits of the total capacity foreseen by the first paragraph of this Article, the transport demand between the territory of third States passing through the agreed routes and the territory of the other Contracting Party, taking into account local and regional services.
The tariffs applicable to the services agreed will be determined at a reasonable level, taking into account all relevant facts such as operating costs, reasonable profit, notable features of each service and tariffs applied by other air transport undertakings operating all or part of the same route. The rates shall be determined in accordance with the following provisions:
(a) Where possible, tariffs shall be agreed between designated undertakings after consultation, where appropriate, of other air transport undertakings operating on the same route in whole or in part. The agreement will be reached as far as possible by the procedure established in the International Air Carrier Association. The tariffs thus agreed shall be submitted for approval to the air authorities of the Contracting Parties. If the air authorities of one Contracting Party fail to approve the tariffs, they shall inform the air authorities of the other Contracting Party in writing within 15 (15) days of the date of notification of the tariffs or within another agreed period.
(b) If designated undertakings cannot agree or if tariffs are not approved by the aviation authorities of one Contracting Party, they shall endeavour to reach a solution on the tariffs to be introduced by the aviation authorities of both Contracting Parties.
(c) In the extreme event, the conflict shall be resolved in accordance with the provisions of Article 18.
(d) The tariffs already in place shall remain in force until new tariffs are set in accordance with the procedure foreseen in this Article or Article 18.
This Agreement and its Annexes shall be registered with the International Civil Aviation Organisation.
Each Contracting Party may at any time communicate to the other Contracting Party the wish to terminate this Agreement. The communication shall be sent simultaneously to the International Civil Aviation Organisation.
This Agreement shall expire 12 months after the receipt of the communication by the other Contracting Party, unless the communication is withdrawn by common agreement before the end of that period. In the event that a Party receiving such a communication does not confirm its income, it will be deemed to have received it 15 (15) days after the communication was received by the International Civil Aviation Organisation.
In a spirit of close cooperation, the aviation authorities of both Contracting Parties shall be consulted as necessary to ensure the satisfactory application of the principles contained in the Agreement.
In addition, the air authorities of one Contracting Party may at any time request the air authorities of the other Contracting Party to consult on any changes to be made to this Agreement and its Annexes which are deemed desirable. The consultation will have to start within 60 (60) days of the date of the request. Any amendment to this Agreement approved by the aviation authorities shall enter into force as soon as it is confirmed by an exchange of notes through diplomatic channels.
This Agreement and its Annexes shall be brought into line with any multilateral agreement binding on both Parties.
Any discrepancies concerning the interpretation or implementation of this Agreement and its provisions The Annex shall be addressed by direct agreement between the aviation authorities of both Contracting Parties.
If the aviation authorities fail to reach an agreement, the conflict will be resolved through diplomatic negotiations. The current situation will be maintained during these negotiations.
However, the Parties may, if they agree jointly to do so, resolve the dispute by submitting it either to the arbitration panel or to any other person or organisation designated by them.
The Contracting Parties undertake to submit to the explicit statement.
The provisions of this Agreement shall be applied provisionally as from the date of its signature. It shall enter into force as soon as both Parties have notified each other that the relevant constitutional procedure has been carried out.
Done in Tunis on 1 February 1963 in duplicate, each in three languages: Czech, Arabic and French. Each of the three texts is equally valid. In the event of a conflict of interpretation, only the French language version will be valid.
For the Government of the Czechoslovak Socialist Republic:
A. Bartušek v. r.
For the Government of the Republic of Tunisia:
Noureddine v. r.
Příloha I
Annex I
LIST OF LINES
1. Tunisian lines:
Tunis - intermediate point in Europe - Prague and further
2. Czechoslovak lines:
Prague - intermediate point in Europe - Tunis and further points.
The intermediate points and points to be laid down in addition shall be determined by common agreement of the air authorities of the two Contracting Parties.
The designated airlines will be able to omit landing permanently or temporarily at any of the points on the routes listed in this list except Tunis and Prague.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 193 / 1964 Coll., on the Agreement between the Czechoslovak Socialist Republic and the Republic of Tunisia on Air Transport |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.11.1964 |
|---|---|
| Effective from | 24.07.1964 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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