Decree of the Minister for Foreign Affairs No. 20 / 1961 Coll.
Decree of the Minister for Foreign Affairs on the Air Transport Agreement between the Czechoslovak Socialist Republic and the Republic of Iraq
Valid
Effective from 22.08.1960
20
DECLARATION
Minister for Foreign Affairs
of 2 February 1961
concerning the Air Transport Agreement between the Czechoslovak Socialist Republic and the Republic of Iraq
The Agreement on Air Transport between the Czechoslovak Republic and the Republic of Iraq was signed in Prague on 11 March 1960.
The Government of the Czechoslovak Socialist Republic approved the Agreement on 20 July 1960. The approval of the Agreement by the Government of the Czechoslovak Socialist Republic was communicated to the Government of the Republic of Iraq by a note dated 10 August 1960 and its approval by the Government of the Republic of Iraq was communicated to the Czechoslovak Government by a note dated 22 August 1960.
Pursuant to Article 10 thereof, the Agreement entered into force on 22 August 1960.
The Czech version of the Agreement is hereby published at the same time.
David v. r.
AGREEMENT
on air transport between the Czechoslovak Republic and the Republic of Iraq
Government of the Czechoslovak Republic and Government of the Republic of Iraq
Wishing to conclude an agreement to promote and develop mutual air transport and to establish air services between their territories and through their territories
agree as follows:
The Contracting Parties shall grant each other the rights set out in this Agreement and its Annex for the purpose of establishing air services on the lines listed in the Annex. Such services may be initiated immediately or at a later date at the request of the Contracting Party providing such rights.
1. Each Contracting Party shall have the right to designate an air undertaking to operate agreed air services on specified lines.
2. Once the other Contracting Party has received a designation notification, it shall, without undue delay, grant the designated air undertaking an appropriate operational authorisation subject to the provisions of paragraphs 3 and 4 of this Article.
3. Air authorities of one Contracting Party may require an air undertaking designated by the other Contracting Party to demonstrate that it is eligible for compliance with the conditions laid down by the laws and regulations which those authorities normally and appropriately require in the operation of international air services.
4. Each Contracting Party shall have the right to refuse the designation of an air undertaking and to refuse or revoke an operating licence of an air undertaking or to impose in the authorisation granted the conditions it deems necessary, unless it is satisfied that a substantial part of the ownership and actual management of the designated air undertaking belongs to the other Contracting Party or its members, or where the designated air undertaking does not comply with its laws and regulations or otherwise does not comply with the conditions laid down in this Agreement. This measure shall be implemented only after prior negotiations with the other Contracting Party, provided that an immediate cessation of activity or the imposition of conditions is not necessary to prevent further infringements of laws or regulations.
1. The laws and regulations of one Contracting Party relating to the entry into, or the exit from, its territory of aircraft operating international flights or the operation of such aircraft within its territory shall apply to aircraft of a designated air undertaking of the other Contracting Party.
2. The laws and regulations of one Contracting Party relating to the entry into, or exit from, its territory of passengers, crews or cargo of aircraft, such as entry, handling, immigration, travel documents, customs duties and quarantine, shall be complied with when entering, leaving and operating in the territory of the first Contracting Party as regards passengers, crew or cargo of aircraft of a designated air undertaking of the other Contracting Party.
1. propellants, lubricating oils, normal aircraft equipment, spare parts and aviation supplies which will be put on or taken from an aircraft within the territory of one Contracting Party by or for the benefit of an air undertaking designated by or for the benefit of the other Contracting Party and which are to be used for aircraft of that other Contracting Party, shall be subject, in respect of customs duties, inspection fees and other national levies or charges, to a procedure not less favourable than that applied to another air undertaking performing similar international air services.
2. Aircraft of a designated air undertaking of one Contracting Party, propellant, lubricating oil, normal equipment of aircraft, spare parts and stocks on board such aircraft shall be exempt from customs duties, inspection fees or similar charges and charges in the territory of the other Contracting Party, even if such stocks are used or consumed on such aircraft during flights in that territory. If such materials are to be unloaded in the territory of the other Contracting Party, with the exception of propellants and oils which may not be unloaded, those unloaded materials shall be subject to the relevant customs legislation.
3. Replacement parts, usual equipment and aircraft supplies intended for use in the operation of the agreed services may be deposited at airports on which the designated airline is flying at predetermined charges.
Each Contracting Party may impose or authorise the imposition of appropriate and proportionate charges for the use of aerodromes and other facilities, provided that such benefits are not higher than those paid by another airline operating similar international air services.
The air authorities of the Contracting Parties shall be in direct contact as appropriate and shall consult to ensure close cooperation on all matters affecting the implementation of this Agreement.
If any dispute arises between the Contracting Parties concerning the interpretation or application of this Agreement, the Contracting Parties shall resolve it by direct negotiation between the aviation authorities or, if they do not agree, by diplomatic means.
If one of the Contracting Parties considers it desirable to amend the air routes or certain provisions of the Annex to this Agreement, this amendment may be carried out by direct negotiation between the air authorities of the Contracting Parties. If these offices are assessed on the new terms or changes to be made to the Annex, these changes shall take effect if confirmed by an exchange of diplomatic notes.
For the purposes of this Agreement:
1. the terms "territory," "air service," "international air service," "air undertaking" shall have the meaning set out in the Convention on International Civil Aviation, signed in Chicago on 7 December 1944;
2. the term "air authorities" will mean, in the case of the Czechoslovak Republic, the Ministry of Transport, the Aviation Department and, in the case of the Republic of Iraq, the Ministry of Communications, the Directorate-General for Civil Aviation and, in both cases, any department authorised to perform the functions which are currently carried out by the authorities mentioned above;
3. the term "agreed air services" and "scheduled lines" shall mean international air services and lines as defined in the Annex to this Agreement;
4. the term "designated airline" shall mean an air undertaking notified by one Contracting Party to the other Contracting Party as an undertaking operating any of the agreed services.
This Agreement shall enter into force on the date of the exchange of diplomatic notes confirming that the Agreement has been approved by the competent authorities of the Contracting Parties in accordance with the laws in force in their territory.
Each Contracting Party may at any time notify the other Contracting Party of its intention to terminate this Agreement. In the event of such notification, the Agreement shall cease to apply on the date specified in the notification, provided that the Agreement does not expire more than 12 months after the date on which the notification was received to the other Contracting Party, unless, however, the notification under the Agreement had not been withdrawn before the expiry of that period.
In evidence of the signed agents who were duly empowered by their governments, this Agreement was signed.
Dane in Prague on 11 March 1960 in duplicate in Czech, Arabic and English; in the event of a dispute, the English text shall be decisive.
For the Government of the Czechoslovak Republic:
Dr Hlasák v. r.
For the Government of the Republic of Iraq:
H. Talabani v. r.
ANNEX
Czechoslovak lines
1. The Government of the Republic of Iraq shall grant the air undertaking designated by the Government of the Czechoslovak Republic the necessary authorisation to operate the following international air services:
Prague - intermediate locations in Europe and the Middle East - Baghdad or Basra and in two directions and back with the following exceptions:
(a) a designated airline shall not be granted the right to land on the same flight in Baghdad and Basra, and that undertaking shall choose either Baghdad or Basra;
(b) the designated airline is not permitted to load or land passengers, goods and mail intended for or coming from the following States in Iraq: Lebanon, United Arab Republic, Iran, Saudi Arabia, Jordan, Kuwait, Bahrain Islands, Turkey.
2. The above authorisation shall include:
(a) the right to dispose in Iraq of passengers, goods and mail intended for Czechoslovakia or other states;
(b) the right to land in Iraq passengers, goods and mail loaded in the Czechoslovak territory or in the territory of other States.
Iraqi lines
1. The Government of the Czechoslovak Republic shall grant the airline designated by the Government of the Republic of Iraq the necessary permission to operate the following international air services: Baghdad - intermediate locations in the Middle East and Europe - Prague - London and back.
2. The above authorisation shall include:
(a) the right to dispose of passengers, goods and mail intended for Iraq or other countries in Czechoslovakia;
(b) the right to land passengers, goods and mail loaded in the territory of Iraq or in the territory of other States in Czechoslovakia.
The transport capacity provided by each designated airline for the operation of the agreed air services shall be adapted to the transport requirements; it shall be determined by mutual agreement between the designated airlines taking into account their common routes and shall in any event be subject to approval by the aviation authorities of both Contracting Parties.
1. The tariffs of any agreed air service will be set between designated airlines at an appropriate level, taking into account all relevant factors including operating costs, significant features of the service (such as speed and comfort) and charges of other airlines on any part of the same route.
2. If no agreement can be reached between designated airlines or if for any other reason the tariff cannot be agreed in accordance with the provisions of paragraph 1, the air authorities of the Contracting Parties shall determine the tariffs by mutual agreement to be confirmed by exchange of letters by diplomatic means.
3. If the air services of the Contracting Parties are not assessed, the discrepancies shall be resolved in accordance with the provisions of Article 7 of this Agreement.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 20 / 1961 Coll., on the Air Transport Agreement between the Czechoslovak Socialist Republic and the Republic of Iraq |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 01.03.1961 |
|---|---|
| Effective from | 22.08.1960 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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